(The Center Square) – Horizon 30 is without necessary documentation, the North Carolina Department of Labor says, and in violation of state mining laws in the Mitchell County community of Poplar.

First-term Republican Labor Commissioner Luke Farley said a formal investigation and enforcement action are underway. The injunction request started in Mitchell County Superior Court.

Mining laws are in place to protect water quality, wetlands, air quality, public safety and ecosystems. Horizon 30 is accused of being in breach of the North Carolina Mining Act of 1971.

“This is exactly why I’ve made it a priority to support and empower our field staff,” Farley said in a release. “Their experience, judgment, and vigilance are critical to keeping workers safe and enforcing the law. If our staff hadn’t gone above and beyond their duty to protect workers, this illegal operation could have continued unnoticed – putting lives at risk and undermining public trust in our regulatory system. Thanks to the quick action of our team, the site has been exposed and will be held accountable.”

After discovery, Farley’s staff was asked by the Mine Safety and Health Administration – a federal entity – to provide safety training at the site. The irregularities discovered led to questions about environmental permits.

The Department of Environmental Quality confirmed unauthorized activity.

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According to published reports, Horizon Opps – as the operation is also known – and the Department of Environmental Quality has been in contact since December. This includes determination the activities would require permitting, applications filed and notice of violations.

Horizon 30 LLC has offices in Raleigh and Allentown, Pa. In one message from Horizon’s Pennsylvania office to North Carolina’s state environmental agency, the reason for the mining “is providing necessary materials for the emergency rebuilding of the CSX Blue Ridge Subdivision railroad service lines to restore the train tracks and their base after damage/washout caused by Tropical Storm Helene.”