Illegal mining operation in Mitchell County ordered to stop

On Monday, a Superior Court judge in Watauga County ruled that a company must immediately halt what is described by state officials as an illegal mining operation in Poplar, Mitchell County. The operation was uncovered by officials from the Department of Labor earlier this year who saw irregularities when they showed up to provide safety training to miners.

Horizon 30 LLC, which has offices in Raleigh and Allentown, PA, had been mining without environmental permits along the Nolichucky River.

According to a NCDEQ press release, Horizon 30 submitted a mining permit application 61-22 to mine the Carter Quarry at that site. A hearing on the matter was scheduled for July 29.

The permit would allow the mine to operate on 50.8 acres, mining construction aggregate at a proposed depth of 550 feet. The actual area of the mine excavation would cover approximately 23 acres.

The company planned to produce solid granite ballast and crusher run rock, a mixture of crushed stone and dust often used in road construction. According to documents submitted to the state, the company planned to mine materials for emergency repair of CSX railroad lines damaged by Hurricane Helene.

On Friday, North Carolina Labor Commissioner Luke Farley sent a press release that an official from his department discovered the operation earlier this year after the Federal Mine Safety and Health Administration (MSHA) requested that the department provide miner safety training at the site.

When the Department of Labor (NCDOL) official visited the site, they discovered multiple problems and immediately questioned whether the site had the required state environmental permit.

“This is exactly why I’ve made it a priority to support and empower our field staff,” Farley said in the release. “Their experience, judgment, and vigilance are critical to keeping workers safe and enforcing the law. If our staff hadn’t gone above and beyond their duty to protect workers, this illegal operation could have continued unnoticed — putting lives at risk and undermining public trust in our regulatory system.”

The NCDOL official alerted the North Carolina Department of Environmental Quality (NCDEQ) after Horizon 30, LLC failed to produce the necessary documentation. DEQ later confirmed that the operation was unauthorized and violated state mining laws.

The company first contacted NCDEQ’s Division of Energy, Mineral, and Land Resources (DEMLR) in December to find out about state mining requirements. In January, DEMLR found out about potential mining at the site.

DEMLR had repeatedly notified Horizon 30 of required permits and violations through June. There have also been reports of dead birds and other wildlife in the area since the mining began, raising concerns from local residents.

On July 21, the North Carolina Department of Justice filed a complaint and injunction on behalf of the NCDEQ in Mitchell County Superior Court, requesting a court order against Horizon 30.

In addition to the immediate cessation of activity, the judge also said that the company is not allowed to take any materials off-site and must submit a reclamation plan within the next 30 days. The state has also filed an injunction to force the company to cease operations until it gets the proper permits.

If Horizon 30 LLC does not comply, it could face civil or criminal contempt charges.

According to WLOS News 13, during the proceedings, Horizon’s defense attorney said the company stopped mining activity on Saturday, Aug. 9.

Another hearing is scheduled for Sept. 23.

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