The North Carolina Department of Environmental Quality (DEQ) and the North Carolina Department of Justice (NCDOJ) have taken further legal steps regarding an unpermitted mine in Mitchell County. On February 17, 2026, the agencies filed a supplemental complaint and a motion for both preliminary and permanent injunctive relief to address reclamation at the Carter Mine site, operated by Horizon 30, LLC.
This action follows a court order from August 13, 2025, when a Watauga County Superior Court judge found that Horizon 30 was operating without a permit, violating the Mining Act. The judge issued an injunction requiring Horizon 30 to stop mining activities immediately and seek approval for reclamation efforts at the site.
Since then, DEQ has conducted several inspections and determined that Horizon 30’s stabilization efforts have failed. According to DEQ officials, this failure has led to substantial destabilization of the site and sediment runoff affecting nearby areas such as the Nolichucky River and 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.”
The agencies are seeking a court injunction that would require Horizon 30 to follow an approved reclamation plan, prevent additional off-site impacts, and implement a sediment removal plan for Hollow Poplar Creek subject to approval by DEQ’s Division of Water Resources.
A timeline of previous events related to this case is available online. Recent legal filings can also be accessed through official channels. Additional details about Horizon 30’s application process, regulatory documentation by DEQ—including information from last July’s public hearing—and information regarding permit denial are provided on the DEQ website.
The Department of Environmental Quality is responsible for regulating environmental quality across air, land, water, and coastal environments in North Carolina (source). Its duties include environmental compliance enforcement as well as public education aimed at increasing community awareness about stewardship (source). As part of its broader mission across North Carolina’s natural resources protection efforts (source), DEQ issues permits, manages waste oversight programs, regulates air quality standards—while maintaining its central office in Raleigh (source).
