Judge Orders Halt to Unpermitted Mining in Western North Carolina

by | Aug 12, 2025

A state judge has ordered a mining company to stop operations in western North Carolina after finding it was extracting materials without the necessary permits.

The ruling, issued Monday in Buncombe County Superior Court, stems from a lawsuit filed by the N.C. Department of Environmental Quality’s Division of Energy, Mineral, and Land Resources. The agency alleged that the company had been operating an open-pit mine without obtaining the state mining permit required under the Mining Act of 1971.

According to court documents, inspectors visited the site earlier this year and found evidence of extensive excavation, stockpiled materials, and other signs of active mining. Officials said the company had not submitted reclamation plans or environmental safeguards that state law requires to protect water quality, limit erosion, and restore disturbed land.

In the order, the judge directed the company to cease all mining activity until it receives proper authorization. The company must also implement erosion control measures and stabilize the site to prevent further environmental damage.

The state’s Mining Act is designed to balance the extraction of mineral resources with the protection of natural landscapes and nearby communities. Violations can carry fines and lead to civil or criminal penalties.

The company has not publicly commented on the ruling.

State officials said the enforcement action underscores the importance of compliance with permitting laws. “These safeguards are in place to protect our environment and communities from the impacts of unregulated mining,” the agency said in a statement.