The North Carolina Department of Environmental Quality is asking a Mitchell County judge to reopen legal action against Horizon 30, the company that operated an unpermitted mine outside Poplar last year.
In a February 17th court filing, DEQ and the North Carolina Department of Justice requested a preliminary injunction, alleging the company has failed to stop sediment from washing off the former quarry site into the Nolichucky River.
State officials say sediment pollution continues to violate North Carolina’s Mining Act. Court documents describe “severe” and “ongoing” damage to the river, with inspectors finding muddy water flowing through storm drains and into nearby Hollow Poplar Creek.
During fall inspections, state regulators reported turbidity levels downstream so high their instruments could not measure them. By comparison, upstream samples were within state water quality limits.
Horizon 30 began mining in early 2025 without obtaining required permits. The site was part of efforts to rebuild CSX rail lines damaged by Hurricane Helene. Mining stopped in August after a judge ordered the company to halt operations and submit a remediation plan. That plan was approved in December, but inspectors say problems have continued.
Environmental groups, including MountainTrue and the Center for Biological Diversity, have also issued a notice of intent to sue under the Clean Water Act. They allege acid mine drainage containing high levels of iron, manganese and aluminum is entering nearby waterways.
State regulators are now asking the court to require Horizon 30 to fully stabilize the site, comply with its reclamation plan and prevent further sediment damage.
The company is already challenging a $460,000 civil penalty issued in December for operating without a permit. Violations of the state’s Mining Act can carry fines of up to $5,000 per day.