POPLAR, N.C. (828newsNOW) — A Watauga County Superior Court judge has issued a preliminary injunction stopping Horizon 30, LLC from continuing illegal mining operations at the Carter Quarry along the Nolichucky River near Poplar in Mitchell County.
The injunction follows a complaint filed by the North Carolina Department of Environmental Quality (DEQ) after Horizon 30 repeatedly ignored state mining laws and failed to cooperate with regulators to comply with the Mining Act.
“Horizon 30 has repeatedly disregarded state law and refused to work with DEQ to come into compliance with the Mining Act,” DEQ Secretary Reid Wilson said in a news release Tuesday. “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.”
Judge Theodore McEntire ordered Horizon 30 to immediately halt all mining activities, including material removal, stabilize the site by establishing ground cover on disturbed areas and submit a reclamation plan to DEQ’s Division of Energy, Mineral, and Land Resources (DEMLR) within 30 days.
North Carolina Attorney General Jeff Jackson praised the ruling, saying, “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. 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.”
The injunction comes after months of warnings from DEMLR, which issued multiple notices, including a Notice of Regulatory Requirement, a Notice of Violation and a Notice of Continuing Violation. Despite inspections and enforcement efforts, Horizon 30 continued mining without a permit.
Key timeline of events:
- December 2024: Horizon Opps, affiliated with Horizon 30, contacted DEMLR about mining permits.
- January 2025: Reports of mining activity in Poplar received.
- Feb. 6, 2025: DEMLR inspected the site and determined a permit was required.
- March 7, 2025: Notice of Regulatory Requirement sent to Horizon 30.
- April 11, 2025: Partial mining permit application submitted without fees.
- April 23, 2025: Inspection found about 10 acres disturbed; operators ordered to stop mining.
- April 30, 2025: Notice of Violation issued for mining without a permit.
- May 16, 2025: Application fee received.
- May 27, 2025: Follow-up inspection revealed further land disturbance.
- June 5, 2025: Notice of Continuing Violation issued.
- June 6, 2025: DEMLR requested additional permit information.
- June 23, 2025: Partial response with new maps received.
- July 16, 2025: Horizon 30 submitted further information.
The court order does not affect Horizon 30’s pending permit application, which was submitted months after mining began. DEMLR has not made a decision and is awaiting complete documentation.
Mitchell County released a statement Monday noting the judge’s clear directive to halt all mining, including blasting and material removal. The court set a tentative date of Sept. 23 for further hearings if necessary.
Once entered, the Preliminary Injunction Order will be available on the North Carolina Courts website. Mitchell County officials said they will continue monitoring the situation.
For more information, contact Mitchell County at info@mitchellcountync.gov. More details on the case and the public hearing held in July are available on the DEQ website.
