Alabama-based mining company Twin Pines Minerals, LLC. and the U.S. Army Corps of Engineers reached an out-of-court settlement Monday, August 22 in regards to the potential heavy mineral sands mine in Charlton County, according to a press release from Twin Pines Minerals.
In the settlement, the Corps of Engineers essentially agreed to rescind the June 3 memorandum released by Asst. Secretary of the Army (CivilWorks) Michael Connor who noted that back in January 2021, President Joe Biden reaffirmed the Federal government’s commitment to consult with Tribal Nations as a means to strengthen relationships. For Charlton County, that would mean consulting with the Muscogee (Creek) Nation for its ties in the Okefenokee Swamp.
The memo invalidated the company’s two final Approved Jurisdictional Determinations (AJDs), resulting in the company to reapply and begin the process once again.
After only about three months in court, the mining project is “back on track” since the Georgia Environmental Protection Division (EPD) can resume its review of the company’s permit application without further interference.
The company’s press release included several statements.
“This is great news for Twin Pines, for our project, and for Charlton County” said Twin Pines President Steve Ingle. “We appreciate the Corps’ willingness to reverse itself and make things right. We look forward working with Georgia EPD to complete the permit process so we can bring hundreds of good-paying jobs, tax revenues, and economic development to the people of Charlton County.”
“This is the correct result legally and the best possible outcome for the project,” said Lewis Jones of Jones Fortuna LP, the law firm representing Twin Pines. “The jurisdictional determinations needed to be reinstated. We are gratified this has been done and look forward to working with Georgia EPD on its review of the state permits.”
While this comes as good news to the mining company, many environmentalists advocate for a mine-free swamp. The main argument focuses on the potential effect the mine could have on the swamp’s hydrology. Although Twin Pines Minerals has undergone various environmental studies, many have worries about the wetland’s ecology and the potential mined minerals.
Josh Howard, president of the local Friends of the Okefenokee National Wildlife Refuge, provided that he thinks it is a “tragedy” that the proposal is once again moving forward.
He said, “There is no way that Twin Pines can guarantee that it will not harm the hydrology and ecology of the Okefenokee Swamp with this project. They also cannot guarantee, based on what I’ve read of their track record, that they will bring new jobs to Charlton County residents.”
Southern Environmental Law Center also provided its insight as the nonprofit’s mission is to “protect the basic right to clean air, clean water and a liveable climate”
““We are exceedingly disappointed in the Corps’ decision to put the polluter before people, again placing at risk the iconic Okefenokee and hundreds of acres of wetlands that are critical to its health,” said Kelly Moser, senior attorney and leader of the Clean Water Defense Initiative at the Southern Environmental Law Center. “Despite the Corps’ decision, the mining company must still comply with the Clean Water Act. Destroying the wetlands next to the Okefenokee without first obtaining a federal Clean Water Act permit is unlawful and, even if the Corps refuses to enforce the Act, Twin Pines will open itself up to citizen enforcement if it moves forward without a federal permit.”
With that said, Georgia’s Environmental Protection Division must still review permits for the proposed mine, which is set to be placed a few miles off the edge of the Okefenokee National Wildlife Refuge.
