DEQ obtains preliminary injunction against illegal
mining operation in Mitchell County
RALEIGH – A Superior Court judge in Watagua County ruled in favor Monday of the North Carolina Department of Environmental Quality (DEQ) after the Department filed a Complaint and Request for Preliminary Injunction against Horizon 30, LLC — a company that has been illegally mining at the Carter Quarry along the Nolichucky River near Poplar in Mitchell County.
“Horizon 30 has repeatedly disregarded state law and refused to work with DEQ to come into compliance with the Mining Act,” said DEQ Secretary Reid Wilson. “Today’s ruling is a win for the residents of North Carolina and our air, water, and land. We will continue to work with the Department of Justice to hold the company responsible for its past violations and its continuing obligations under North Carolina environmental laws.”
Based on DEQ’s request, Judge Theodore McEntire ordered Horizon 30 to immediately cease all mining activity, including removal of any material; stabilize the site by establishing ground cover on all bare areas; and submit a reclamation plan to DEQ’s Division of Energy, Mineral, and Land Resources (DEMLR) within 30 days.
“Companies don't get to make up their own rules and ignore safeguards that are in place to protect the public and the environment — it's against the law,” said North Carolina Attorney General Jeff Jackson. “Our attorneys successfully argued to stop this mining company from operating while the case continues. I appreciate Secretary Wilson's partnership in working to protect the people and land in western North Carolina.”
In the months preceding the hearing, DEMLR sent Horizon 30 a Notice of Regulatory Requirement, a Notice of Violation and a Notice of Continuing Violation, in addition to multiple inspection reports, all informing the company it needed to immediately cease mining operations. Despite these efforts, the company has continued to operate without a permit in violation of the Mining Act.
The following is a timeline of events:
- In December 2024, Horizon Opps (a Horizon 30, LLC affiliate) contacted DEMLR’s Mining program to inquire about mining permits and requirements in NC.
- In January 2025, DEMLR received information of potential mining in Poplar, NC.
- On February 6, 2025, DEMLR inspected the site and determined the activity being conducted would require a mining permit.
- On March 7, 2025, DEMLR sent a Notice of Regulatory Requirement (NORR) to Horizon 30, LLC, providing notice that the activity they were conducting would require a mining permit.
- On April 11, 2025, DEMLR received a partial application for a mining permit submitted by Horizon 30, LLC. The application did not include the required fees.
- On April 23, 2025, DEMLR conducted a follow-up inspection and observed that the affected area of the unpermitted mining operation was approximately 10 acres in size. DEMLR personnel verbally instructed the operator to cease mining operation and submit a permit application in order to come into compliance with the Mining Act.
- On or about April 30, 2025, a Notice of Violation for mining without a permit was issued by DEMLR to Horizon 30, LLC. The NOV again notified the operator to cease all mining activities and to either submit a complete mining permit application or to restore the Mine site.
- On May 16, 2025, DEMLR received the required application fee.
- On May 27, 2025, DEMLR conducted a follow-up inspection and observed that additional lands were disturbed since last inspection.
- On June 5, 2025, a Notice of Continuing Violation (NOCV) for mining without a permit was issued by DEMLR to Horizon 30, LLC. The NOCV notified the operator to cease all mining activities without a permit and to either submit a complete mining permit application or to restore the site.
- On June 6, 2025, DEMLR sent a request for additional information on their permit application.
- On June 23, 2025, DEMLR received a partial response to the additional information request. New maps were provided, but no other information in response to the letter was provided.
- On July 16, 2025, Horizon 30 emailed a response to the June 6, 2025 additional information request that purports to respond to the other items requested in the additional information request.
Monday’s order does not address Horizon 30’s pending mining application filed in April — months after it had already started illegal mining activities. At this time, no permitting decisions have been made by the Department.
DEMLR is still waiting on the required hard copy response to the June 6, 2025 additional information request. Until the required hard copy information is received the response remains incomplete.
More information regarding Horizon 30’s application, DEMLR’s documentation regarding Horizon 30 and information about the public hearing that was held in July can be found on the DEQ website.
|
