Company seeking to mine near Okefenokee will pay $20,000 to settle environmental violation claims
SAVANNAH, Ga. — The company seeking permits to mine minerals on the edge of the Okefenokee Swamp and vast wildlife refuge has agreed to pay a $20,000 fine to Georgia environmental regulators, who say the company violated state laws in collecting soil samples for the permit application.
The Georgia Environmental Protection Division’s review of a civil penalty against Twin Pines Minerals comes as the Alabama-based company waits for the agency to approve a final mining plan on how it would conduct mining operations and limit any environmental damage. The plan is required for Twin Pines to qualify for a permit. Supervisors released a draft plan a year ago.
Since 2019, Twin Pines has been seeking government permits to mine titanium dioxide less than three miles from the southeastern boundary of the Okefenokee National Wildlife Refuge, the largest U.S. refuge east of the Mississippi River.
Scientists have warned that mining near the bowl-like edge of the Okefenokee could irreversibly damage the swamp’s ability to retain water and increase the frequency of devastating droughts.
Twin Pines has maintained that it can mine without damaging the swamp. In a summary of the draft plan released in January 2023, Georgia regulators said their own analysis “concluded that water levels in the marsh will be minimally affected.”
A consent order issued by Georgia regulators accuses Twin Pines of drilling soil samples at the mine site without a professional geologist or engineer overseeing the work, which is required by state law. The samples were taken in 2018 to collect data for the company’s mining application.
The document also says the company has failed to provide a required letter of credit or a performance bond, which essentially acts as a bond that can be forfeited if drilling violates the law.
An attorney for Twin Pines said Wednesday that the company denies any wrongdoing.
“The alleged violations are based on EPD’s interpretation of ambiguous technical regulations,” attorney Lewis Jones said in a statement. He added: “We agreed to sign the consent order to put this matter behind us and move our project forward.”
An opponent of the mining project, Atlanta environmental attorney Josh Marks, called the $20,000 fine “ridiculously low.” He said collecting soil samples without the required professional supervision means the information Twin Pines submits in its applications cannot be trusted.
“If EPD insists on continuing to undertake this dangerous project, it should, at the very least, force Twin Pines Minerals to redo its exploratory drilling in full compliance with state law and submit a revised permit application, no matter how long that takes.” Marks said. “Only then will EPD be able to accurately determine the impact of mining on the Okefenokee.”
Scientists critical of Twin Pines’ proposed mine have said they have discovered other problems with the company’s application. National Park Service hydrologists told Georgia regulators last year that they had discovered “critical deficiencies” and technical errors in computer models Twin Pines submitted to support assurances that mining will not harm the swamp. The company defended its work.
The National Park Service announced last year that it is nominating the Okefenokee refuge for inclusion on the UNESCO World Heritage List — a rare distinction that would boost its profile as one of the world’s last intact blackwater swamps.
The refuge covers nearly 1,630 square kilometers in southeastern Georgia and is home to alligators, bald eagles and other protected species. According to the U.S. Fish and Wildlife Service, which manages the refuge, the swamp’s wildlife, cypress forests and flooded prairies draw about 600,000 visitors annually.
In February 2019, the Fish and Wildlife Service wrote that the proposed mine could pose “substantial risks” to the marsh, including its ability to retain water. Some impacts, the report said, “may not be reversed, repaired or mitigated.”
The role of Georgia regulators is critical because the federal government, which normally weighs environmental permits jointly with state agencies, has given up oversight of the Twin Pines project.
The Army Corps of Engineers said in 2020 that it no longer had control over the project due to regulatory rollbacks under then-President Donald Trump. Efforts by President Joe Biden to restore federal oversight failed. The Army Corps entered into an agreement with Twin Pines to maintain its hands-off position through 2022.