Mitchell County commissioners back residents, point to state injunction as unpermitted Poplar quarry draws protests

The Mitchell County Board of Commissioners acknowledged public concerns about an unpermitted quarry operating near Poplar and said the state Department of Environmental Quality has filed a civil action seeking court orders to stop the activity.

"The Mitchell County Board of Commissioners is aware of concerns regarding an unpermitted mine in the county and does not support illegally operated quarries," County Manager Alan said in a prepared statement read at the meeting.

The statement followed nearly two hours of public comment in which residents described continuous blasting, heavy truck traffic, thick dust on homes and yards, and increased wildlife activity near the site. County Attorney Ford told the meeting that DEQ filed a civil action on July 21 and has sought a preliminary injunction; a hearing is scheduled the week of Aug. 11 in Boone.

Why it matters: Residents and local officials said the quarry’s operation is affecting property, health and public recreation along waterways in western Mitchell County. Several speakers urged the commissioners to press state and federal agencies for swift enforcement and to share local evidence, including drone footage and photographs, with DEQ and the attorney general.

Residents described health and environmental concerns. "This operation threatens our air, our water, our wildlife, and our way of life," said Tessa Sharp, a Poplar resident who identified herself during public comment. Steven Cody Peterson, who said his family lives near the mine entrance, told commissioners: "We're not asking for permission. We're asking for protection. We need your help to turn up the volume so that this stuff for someone gets hurt."

County Attorney Ford summarized the next legal steps: DEQ has filed a complaint and moved for a preliminary injunction to halt quarrying pending a hearing on the merits. "A preliminary injunction is a request to the court asking to stop doing an action until the trial has been held on the merits," Ford said. The judge will consider DEQ's allegations and request for relief during the listed week, he said.

Commissioners said they have limited direct enforcement authority over mining permits, which are issued and enforced by the state, but they pledged to forward residents' comments, to press DEQ for records, and to amplify requests to the attorney general and federal agencies where appropriate. "We will do everything we can to ring those alarms and get the right attention toward it," Commissioner Steve Pittman said after residents spoke.

What residents reported: Multiple speakers said the operation began in late 2024 (residents gave October–November as the start), that DEQ had issued cease-and-desist notices, and that they had submitted drone footage and photographs to state agencies. Speakers described dust coating houses and yards, nighttime blasting and lights, greater numbers of bears on properties, and new respiratory symptoms among adults and children.

Legal and administrative context: Meeting testimony and the county statement referenced notices of violation from DEQ dated April 30, 2025, and June 5, 2025, and a DEQ civil filing and motion for injunction dated July 21, 2025. Petitioners at the meeting urged commissioners to request DEQ air- and water-quality records for the area and to encourage nearby residents to submit formal comments during DEQ's open public comment period.

What happens next: County staff said they would request DEQ records, forward written public comments to the agency, and share residents' images and videos with state counsel if requested. Ford said that if the court issues a preliminary injunction and the company violates it, the court could direct law enforcement or impose other penalties.

The commissioners did not take any formal local enforcement action at the meeting. Several residents and county leaders said they would attend or encourage attendance at the preliminary injunction hearing in Boone the week of Aug. 11.

Ending: Residents left the meeting urging quicker enforcement and more information about mineral-rights ownership and the quarry's operators; commissioners said they would continue to press the state agencies handling permits and enforcement and to assist with evidence gathering and communication to DEQ and the attorney general.