Judge Orders Immediate Halt to Unpermitted Mining Along Nolichucky River

Boone -- August 12, 2025:  A Watauga County Superior Court judge has ordered Horizon 30 LLC to immediately cease all mining activities along the Nolichucky River in Poplar, Mitchell County.

The preliminary injunction, issued on August 11, came after the state's Department of Environmental Quality (NCDEQ) sought a court order to shut down the operation, citing repeated violations of the Mining Act of 1971.

The illegal operation was discovered earlier this year when a North Carolina Department of Labor official, providing safety training, noticed irregularities and found that the company lacked the required permits. NCDEQ officials confirmed the unpermitted activity and had been issuing notices of violation and cease-and-desist orders to Horizon 30 since January, which were reportedly ignored. The company has been accused of continuing to mine and even expanding the operation despite these warnings.

State's Demands and Next Steps

The state is demanding that Horizon 30 LLC be in full compliance with the Mining Act of 1971, which includes not only halting the mining but also requires the restoration and remediation of the site. The judge's order supports these demands, prohibiting the company from removing any materials and requiring a reclamation plan be submitted within 30 days.

Horizon 30 LLC claimed the mining was for materials needed for emergency repairs to CSX railroad lines damaged by Hurricane Helene, but state officials found this argument unpersuasive. The company failed to produce any specific emergency permits or waivers to justify its actions.

The next court hearing on the matter is scheduled for September 23, where the state will continue to seek compliance and an agreement on the reclamation plan.

WNCTimes

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