Concerned citizens pack commissioners’ meeting
At the beginning of last week’s meeting of the Mitchell County Board of Commissioners, Board Chair Jeff Harding asked County Manager Allen Cook to read a statement about a mining operation in the Poplar community that has continued in spite of a lack of official certification and multiple cease-and-desist orders.
“The Mitchell County Board of Commissioners is aware of concerns regarding an unpermitted mine in the county and does not support illegally operated quarries,” Cook read.
Mining is regulated by the North Carolina Department of Environmental Quality and the N.C. Mining Commission. DEQ held a hearing on whether or not to grant a permit to the new Horizon 30 mine in Poplar two weeks ago, and most of the public comments at that hearing were negative.
“On April 30, 2025, DEQ sent Horizon 30 LLC a notice of violation for mining without a permit,” Cook read. “On June 5, 2025, DEQ sent Horizon 30 LLC a second notice of violation and expressed their intention to enforce the notice of violation. It is our understanding that DEQ has filed an injunction against this company to stop the quarrying without a permit.”
Both Cook and County Attorney Four Eggers noted that the county has no regulatory power over the mine.
“The state of North Carolina Department of Environmental Quality filed a civil action with a motion for a preliminary and permitted injunction as to Horizon 30 LLC’s operations,” Eggers said. “That does not involve the county commissioners or the county because this is a matter that is the Department of Environmental Quality.”
Eggers said that in filing this injunction DEQ is represented by the North Carolina Attorney General’s Office.
Utility of zoning
Robert W. Taylor of Spruce Pine spoke first during the public comment period. Taylor said that Mitchell County needs zoning.
“Mitchell County is one of the few counties in the state of North Carolina that does not have zoning,” Taylor said. “Our neighbors as far as Yancey County and Avery County do have some form of zoning. I’d like to give zoning a little better name here in Mitchell County. It’s kind of looked down on.”
Taylor said that he believes zoning would have prevented the Horizon mine from beginning operations in the first place.
“If we had local zoning, they would have a lot more control of what’s going on with this mine right now,” he said. “It could also prevent somebody from putting a commercial hog farm beside your church. At this point in time right now in Mitchell County, you could do that tomorrow — there’s nothing stopping it.”
Later in the evening, after the commissioners had voted to go into closed session but before the room was cleared, a citizen who had not spoken during public comment approached the board to express concern about the mine, and in response Commissioner Steve Pitman also brought up the possibility of zoning.
“Nobody likes to talk about zoning, but we can do more to protect ourselves,” Pitman said.
Neighborhood damage
Many of those who spoke out against the mine were near neighbors to it.
“I live right across from the mine,” said Gloria Thomas. “We had this beautiful view. That view is gone.”
Thomas, as well as some other commenters, complained that the mine has disrupted normal travel for bears and other wildlife, leading the animals to invade people’s yards as they look for alternate routes across the countryside.
Cindy Buddell said that that very day her mailbox had been knocked down by a passing dump truck — multiple commenters expressed concern about the gravel trucks and other dump trucks on the narrow mountain roads making traffic more dangerous.
“We all live right across the street from this. We can’t take it anymore,” Buddell said. “Why is my house shaking? It feels like a damn earthquake — excuse my language.”
Buddell expressed frustration that the community received no notification from DEQ that a mine was opening until after blasting started. However, according to a release from N.C. Labor Commissioner Luke Farley, it was his office that originally informed DEQ that the mine was in existence, after it had already begun operating.
“The federal Mine Safety and Health Administration (MSHA) requested NCDOL (N.C. Department of Labor) provide miner safety training at a site operated by Horizon 30, LLC,” the release states. “During that visit, an experienced NCDOL official identified multiple irregularities and immediately questioned whether the site had the required state environmental permit.”
Commenters at the county commissioners’ meeting also complained about air quality and lung problems since the mine began operating, as well as potentially contaminated mud streaming into the Nolichucky River in a recreational area that local tourism businesses depend on, among other concerns.
Commissioners’ response
After members of the public spoke, the commissioners shared their concerns.
Cook noted that other people in this area have looked into mining rock and gravel for the disaster rebuilding effort but have not been able to begin operating yet because getting approval before opening a mine is time-consuming.
“I believe this board and myself, we want rule of law when it comes to doing anything in our county,” Cook said. “I had two Mitchell County residents that had land with quarrying potential that went to go through the process and saw that the process was a year-long.”
Commissioner Harley Masters asked county staff to look into testing the air and water quality in the area to get a sense of the immediate environmental and health threat.
Commissioner Dale Blevins described the Poplar residents’ situation as heartbreaking and promised to make their voices heard.
“I can’t say what I would do if I lived down there because I don’t want these gentlemen in the back to lock me up,” said Harding. “Well, you know, the only thing I would say is those guys can’t work if the equipment doesn’t function. That’s right.”
County Attorney Four Eggers noted that community residents who have suffered specific damage from the mine have the right to sue, although he said that might be “cold comfort.”
“And we’ll reiterate the chairman was not condoning vigilante justice,” Eggers added.