20260123_NOCAV_61-22

I,
�e SfATF o
JOSH STEIN
["... Governor '
;€ D.REID WILSON .
Secretary
WILLIAM E.TOBY VINSON,JP NORTH CAROLINA
Director Environmental Quality
January 23, 2026
NOTICE OF CONTINUING AND ADDITIONAL VIOLATIONS FOR MINING
WIT IIOUT A PERMIT WITH NOTICE OF INTENT TO ENFORCE
Certified Mail
Return Receipt Requested 9589 0710 5270 3110 8788 63
Horizon 30, LLC
i Attn: Brent Fernandes
E
3639 North Kilroy Road
Turlock, CA 95382
Certified Mail
Return Receipt Requested 9589 0710 5270 3110 8788 18
Sean Chipman
512 West Hamilton Street, Ste. 1800
Allentown, PA 18101
Certified Mail
Return Receipt Requested 9589 0710 5270 3110 8762 58
Horizon 30 LLC
c/o Registered Agents Inc.
4030 Wake Forest Road, Ste 349
Raleigh,NC 27609
Certified Mail
Return Receipt Requested 9589 0710 5270 3110 8762 03
Horizon 30 LLC
Attn: Brent Fernandes
512 West Hamilton Street
Allentown, PA 18101
RE: Subject: Horizon 30, LLC—Mining Without a Permit
River Basin: French Broad
County: Mitchell
Dear Mr. Fernandez and Mr. Chipman:
D_Hn 0% North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Asheville Regional Office 12090U.SHlghway701 Swannanoa,North Carolina28778
�v+o � 828.296AS00

Notice of Continuing and Additional Violations
Sean Chipman, Brent Fernandes
January 23, 2026
Page 2 of 4
This Notice is to inform you that you and/or your firm remain in violation of the Mining Act of
1971 for operation of a mine without a valid permit as required by North Carolina General Statutes
(hereinafter N.C.G.S.) §74-46, et seq., as amended.
On March 7, 2025, Horizon 30, LLC was sent a Notice of Regulatory Requirement informing you
that you were operating a site that required a permit under the North Carolina Mining Act.
On April 11, 2025, an incomplete application was received by the Mining Program for this
operation.
On May 6, 2025, Horizon 30, LLC was sent a Notice of Violation (NOV) for mining without a
permit. The NOV specifically required you to cease all mining activities without a permit and to
either submit a complete mining permit application or to restore the site.
A complete application was not received until May 16, 2025, when the permit application fee was
received.
On June 5, 2025,Horizon 30,LLC was sent a Notice of Continuing Violations(NOCV)for mining
without a permit. The NOCV specifically required you to cease all mining activities without a
permit and to either submit a reclamation bond if the mining permit application was approved or
to restore the site.
On August 13, 2025, Judge Theodore McEntire issued a Preliminary Injunction against Horizon
30, LLC. The Preliminary Injunction required Horizon 30, LLC to immediately cease mining
operations,immediately cease transfer of materials off-site,and within 30 days of execution submit
a reclamation plan to the Mining Program pursuant to N.C.G.S. §74-53.
On August 22, 2025,pursuant to N.C.G.S. 74-51(d)(7),Horizon 30,LLC's permit application was
denied.
On September 17, 2025, a proposed Reclamation Plan was received by the Mining Program
purporting to comply with the requirements of N.C.G.S. §74-53.
On September 25, 2025, Horizon 30, LLC, was sent a Notice of Continuing and Additional
Violations (NOCAV) for not addressing some of the violations outlined in the NOV and NOCV
which remained uncorrected and additional violations which were observed.
On October 20, 2025, a revised proposed Reclamation plan was received by the Mining Program
purporting to comply with the requirements of N.C.G.S. §74-53.
On November 7,2025,a courtesy copy of the September 25,2025,NOCAV was sent to additional
addresses for the Horizon 30, LLC.

Notice of Continuing and Additional Violations
Sean Chipman, Brent Fernandes
January 23, 2026
Page 3 of 4
f
On December 10,2025, Horizon 30,LLC was assessed a civil penalty for violations of the Mining
Act or the rules adopted thereunder occurring on the subject property from May 6, 2025 thru
August 6, 2025.
i
On December 16, 2025, Horizon 30, LLC, was issued a letter of Approval with Modifications for
the proposed Reclamation Plan that was submitted on October 20, 2025.
j On January 12, 2026, DEQ personnel conducted a follow-up inspection of the mining operation.
The inspection results revealed that some of the violations outlined in the NOV, NOCV and
i
NOCAV remained uncorrected and additional violations were observed.
This office requests that you respond in writing within 30 days of receipt of this notice. Your
response should address each of the below listed items (1 through 2). Please mail your
response to me at:
Mr. Stan Aiken PE
Asheville Regional Office
Division of Energy, Mineral and Land Resources
2090 U.S. Highway 70
Swannanoa,NC 28778
Pursuant to 15A NCAC 05F .0105(a), you are required to take the following corrective actions to
bring this site into compliance:
1. Implement the Reclamation Plan that was approved with modifications on December
16, 2025, stabilize the bare area above the unnamed tributary with groundcover,
establish a temporary groundcover on all bare areas, re-work and repair slope areas
where rills and gullies have formed, clean and repair measures, install additional
erosion control measures to retain sediment onsite.
Prevent any further off-site sediment damage from occurring.
As per N.C.G.S. §74-64(a)(1)(a), any person who fails to secure a valid operating permit prior to
engaging in mining could be subject to a civil penalty of up to $5,000.00 per day for each day of
a continuing violation. In accordance with 15A NCAC 05F .0105(b), a penalty may be assessed
for violations committed both prior or subsequent to your receipt of this notice. Should you fail
to comply with the terms of this Notice within the prescribed time frames, additional enforcement
action may be taken, including the seeking of injunctive relief pursuant to N.C.G.S. 74-64(a)(5)
and 15A NCAC 05F .0112 or criminal penalties pursuant to N.C.G.S. 74-64(b).
At this time,this operation has been referred to the Director for enforcement action. Your response
to this letter will be considered as part of any further enforcement action reconmiendations.

Notice of Continuing and Additional Violations
Sean Chipman, Brent Fernandes
January 23, 2026
Page 4 of 4
It is your responsibility to understand and comply with the Mining Act and the North Carolina
Administrative Code. Copies of the relevant statutes and administrative rules may be examined at
this office or will be sent to you upon request.
The subject site will not be considered in compliance with the Act until you have obtained a valid
mining permit and/or satisfactorily completed the required reclamation work.
If you believe that any of the information in this Notice is incorrect and that a violation has not
occurred or should you have questions concerning this notice or the Mining Act, please do not
hesitate to contact either Shawna Riddle(828-296-4617) or myself(828-296-4610).
Sincerely,
1,
Regional En
Asheville gionalOffice
Enclosures: Inspection Report
cc: Adam Parr, PE, Deputy Director([e-mail])

North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
E
i
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE ® UNPERMITTED MINE SITE
i
ff Hwy 197
1. MINE NAME: Horizon 30,LLC 2. MINE LOCATION: o
3. COUNTY: Mitchell 4. RIVER BASIN: French Broad 5. CASE:
6. OPERATOR: Horizon 30 LLC,Brent Fernandes,Sean Chipman
7. ADDRESS: 3696 North Kilroy Road,Turlock,CA 95382/512 West Hamilton Ave.,Ste.1800,Allentown,PA 18101
8. MINING PERMIT#: ® N/A 9. PERMIT EXPIRATION DATE: ❑N/A
10. PERSON(S) CONTACTED AT SITE:
11. PICTURES? ® Yes ❑No TAKEN BY: Shama Riddle
12. TYPE OF INSPECTION:
❑ A. Initial Inspection(Unpermitted Mine Sites)
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured? Measured by:
❑ B. Routine Inspection(Permitted Mine Sites)
C. Follow-up Inspection
13. Date of last inspection: 12/16/2025
14. Any mining since that date? ❑ Yes ® No If yes, cite evidence of such mining activity:
15. Was mine operating at time of inspection? ❑ Yes ® No If yes,explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑No ® N/A If
no,explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No N/� If
no,explain:
18. Is there any off-site damage? A. ❑ Yes B. ® No C. ❑ None observed
If A,describe the type and severity of the damage:
If B or C,is there potential for offsite damage? ®Yes ❑ No Explain: Bare area above the unnamed tributary Is not
stable and has the potential to deposit sediment and turbid water into the tributary by overland flow.
19. Corrective measures needed and/or taken: Immediately implement the reclamation plan that was approved with modifications
on December 16,2025.Stabilize the bare area above the unnamed tributary with groundcover,establish a temporary groundcover on all bare areas,
re-work and repair slope areas where rills and gullies have formed,clean and repair measures and install additional measures as needed.
20. Other recommendations and comments: Continue reclamation of the site.Addilonal measures have been installed onsite.
Continue to maintain additonal measures installed and establish a temporary groundcover on all bare areas.Repairs are needed to slopes,main access '..
road,rills and gullies.Current activities onsite do not conform to the approved reclamation plan and must be brought into compliance with the plan.
21. Is the Annual Reclamation Report+/-map accurate? ❑Yes❑No(Explain) ❑ Not Reviewed ® N/A
22. Follow-up inspection needed? ® Yes ❑ No Proposed date monthly
23. No. of additional pages of Inspection Report 24. Copy of Report sent to operator with NOCAV
INSPECTED BY: awya lRj&je. Mike Smith DATE 01/12/2026
Telephone No: 828-296-4500
Copy to file Copy to operator Copy to Mining Specialist