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NCDEQ, NCDOJ continue to pursue cleanup of illegal mine in Western North Carolina
RALEIGH – The North Carolina Department of Environmental Quality (DEQ) and North Carolina Department of Justice (NCDOJ) have taken additional legal measures to ensure an unpermitted Mitchell County mine site is properly returned to a safe and stable condition.
On Feb. 17, 2026, DEQ and NCDOJ filed a supplemental complaint and motion for preliminary and permanent injunctive relief related to reclamation at the Carter Mine site operated by Horizon 30, LLC (Horizon 30) in Mitchell County, which has been the subject of numerous violations and a court order since last year. On Aug. 13, 2025, a Watauga County Superior Court judge found Horizon 30 was operating a mine without a permit in violation of the Mining Act and issued a preliminary injunction ordering the company to immediately cease mining and seek approval for reclamation of the mine site.
Since the August order, DEQ has conducted multiple inspections at the mine and has observed that Horizon 30’s attempt to stabilize the site and prevent erosion and sedimentation was not successful, that the site is substantially destabilized and that the resulting sediment is now harming off-site areas, including the Nolichucky River and a tributary called Hollow Poplar Creek.
“The Horizon 30 mine continues to violate the Mining Act, causing significant damage to the site and nearby waterways including the Nolichucky River,” said DEQ Secretary Reid Wilson. “DEQ will continue to use its authority under law to make sure this site is cleaned up and does not have long-term negative effects on communities in Mitchell County and downstream.”
“At this point, this mining company knows it’s breaking the law, but it’s doing it anyway,” said Attorney General Jeff Jackson. “We shut down their illegal mining operation in western North Carolina and now we’re going back to court with DEQ to force them to clean up their mess.”
DEQ is asking the court to issue an injunction requiring Horizon 30 to implement the approved reclamation plan, prevent further off-site damage from occurring, and obtain and implement a sediment removal plan for Hollow Poplar Creek approved by DEQ's Division of Water Resources.
A full timeline of events prior to the August court order can be found here. Copies of recent legal filings can be found here and here.
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