Tag Archives: U.S. Army Corps of Engineers

Twin Pines Minerals sues Army Corps about oversight of strip mine site near Okefenokee Swamp 2022-06-27

Well, that did not take long. Only three weeks after an Assistant Secretary of the Army told the Army Corps it had to resume oversight of the proposed titanium-dioxide strip mine site too near the Okefenokee Swamp, the miners have sued the Corps. They still want to strip mine for white paint materials within three miles of the Okefenokee Swamp, an economic engine for southeast Georgia and northeast Florida, and an irreplaceable refuge for numerous land, water, and bird species. That Swamp is the headwaters of the St Marys and Suwannee Rivers, and above the Floridan Aquifer, from which we all drink in south Georgia and north Florida, including for agriculture and industry. There must be better sources of jobs for Charlton County, Georgia.

[Twin Pines Minerals equipment on proposed mine site 2022-02-12]
Photo: John S. Quarterman for WWALS, Twin Pines Minerals equipment on proposed mine site 2020-02-12, 30.52081, -82.1261

Mary Landers, The Current, June 27, 2022, Mining company sues Army Corps over project near Okefenokee: Twin Pines claims agency erred in overturning decision and seeking Muscogee Nation’s input.

Alabama-based Twin Pines Minerals filed suit against the Army Corps of Engineers last week, claiming the federal agency erred when it bowed to “stakeholder pressure” earlier this month and made it harder for the company to get permits to mine near the Okefenokee National Wildlife Refuge.

…In its filing, Twin Pines maintains “The Twin Pines Approved Jurisdictional Determinations were issued in compliance with all laws, regulations, and policies — including the tribal consultation policy — in effect when they were issued.”

More specifically, the company contends Continue reading

Mine faces roadblock at Okefenokee Swamp –Camden County Tribune & Georgian 2022-06-09

Dave Williams, Capitol Beat News Service, in Tribune & Georgian (Serving CAMDEN County, Georgia Since 1894), Mine faces roadblock at Okefenokee Swamp,

[Article]
Article

ATLANTA—The Alabama company looking to open a titanium mine near the Okefenokee Swamp is being confronted with an additional hurdle.

The U.S. Army Corps of Engineers has Continue reading

Georgia Okefenokee protection bill HB 1289 filed on Okefenokee Swamp Day 2022-02-08

On newly-proclaimed Okefenokee Swamp Day, a bipartisan bill to ban mining on Trail Ridge by the Okefenokee Swamp appeared in the Georgia legislature: HB 1289.

[Bill, Proclamation, Trail Ridge]
Bill, Proclamation, Trail Ridge

What You Can Do

You can ask Georgia Governor Kemp to get the Georgia Environmental Protection Division (GA-EPD) to deny the permit request from Twin Pines Minerals, LLC, for a titanium dioxide strip mine within three miles of the Okefenokee Swamp, which is the headwaters of the St. Marys and Suwannee Rivers. Or ask your city or county government to pass a resolution supporting the Swamp and opposing the mine, as half a dozen have already done.

Or write directly to GA-EPD: TwinPines.Comment@dnr.ga.gov

Or use this convenient Georgia Water Coalition action alert form to ask your statehouse delegation to pass HB 1289 and to ask GA-EPD to deny the permits.

Why

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Groundwater considered important: WWALS to EPA 2022-02-07

WWALS sent EPA some comments on groundwater, which is very important here above the Floridan Aquifer in south Georgia and north Florida.

WWALS also signed on to comments by Waterkeeper Alliance and SELC, but SELC wrote almost nothing about groundwater, and there was more to say than was in the WKA comments. Those other comments are on the WWALS website.

The WWALS comments should appear on regulations.gov, Docket number EPA-HQ-OW-2021-0602, with Comment Tracking Number kzd-8bdc-p6xf, after EPA finishes reviewing it. Here they are in PDF and inline below.

[Dead River Sink, Alapaha River Rise, WWALS Letter to EPA]
Dead River Sink, Alapaha River Rise, WWALS Letter to EPA

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More water questions from GA-EPD about TPM strip mine too near Okefenokee Swamp 2021-12-07

Since September, GA-EPD has twice more asked the miners for more information on their permit applications to strip mine for titanium dioxide too near the Okefenokee Swamp. We have more questions beyond those. You can ask GA-EPD questions, and to deny the mining permit applications.

On October 20, 2021, the Georgia Environmental Protection Division (GA-EPD) asked more questions about water: retention, disposal, reclamation. The miners’ answer on November 19th apparently was not satisfactory, because on December 7, 2021, GA-EPD asked more water questions.

[TPM Ponds and Another GA-EPD Letter]
TPM Ponds and Another GA-EPD Letter

I’ve got another: how can Twin Pines Minerals (TPM) with a straight face promise “zero discharge of wastewater” and in the next paragraph say “Overflow from the process water primary overflow pond may occur due to heavy rain events.” That’s exactly what happened after Hurricane Irma at three north Florida Chemours mine sites where TPM was processing tailings, resulting in TPM still being under a Florida Consent Order. What if wastewater overflows into the Okefenokee Swamp during a hurricane or other “heavy rain event”? What stops wastewater even in TPM’s proposed retention ponds from seeping down into the Floridan Aquifer, from which we all drink?

And another: TPM still shows piezometers for water monitoring on property it does not own, with a disclaimer that it has no access to. So how will TPM monitor that area, which is downhill towards the Okefenokee Swamp, which is the headwaters of the St. Marys and Suwannee Rivers?

You can ask GA-EPD for a moratorium on mining permits, or to deny the permits, or at the very least to examine them very thoroughly and produce the equivalent of the Environmental Impact Statement that the Army Corps should have been working on.
https://wwals.net/?p=55092

You can also use Protect Georgia form to end a message to your Georgia statehouse delegation.

Floridians, this mine site is upstream from Florida, and you can also use these forms.

All of this GA-EPD correspondence with the miners and the permit applications is Continue reading

Valdosta council opposes swamp mine plan –VDT 2021-11-17

The Valdosta resolution could influence the Georgia Environmental Protection Division (GA-EPD) and the U.S. Army Corps of Engineers (USACE), especially through elected state and national officials. So it doesn’t matter that the head of the LLC from Alabama that wants to strip mine next to the Okefenokee says that resolution won’t affect his decisions.

You can help influence by talking to your elected officials or by writing to GA-EPD: https://wwals.net/?p=55092

Terry Richards, Valdosta Daily Times, November 17, 2021, Valdosta council opposes swamp mine plan,

[Valdosta Mayor Scott James Matheson; Suwannee Riverkeeper John S. Quarterman; Map: Okefenokee Swamp, Valdosta, mine site]
Valdosta Mayor Scott James Matheson; Suwannee Riverkeeper John S. Quarterman; Map: Okefenokee Swamp, Valdosta, mine site

VALDOSTA — An Alabama-based mining concern said a resolution by Valdosta’s city council won’t stop them from starting a controversial South Georgia mining project.

“The Valdosta City Council’s resolution has no impact on our plans whatsoever,” said Steve Ingle, president of Twin Pines Minerals, in a statement.

Valdosta City Council voted Nov. 11 to oppose Twin Pines’ plans to start a mining project near the Okefenokee Swamp, about 75 miles from Valdosta. The vote was Continue reading

Valdosta passes resolution opposing strip mine near Okefenokee Swamp 2021-11-11

Update 2023-01-05: News again: Valdosta’s 2021 resolution against the strip mine proposed too near the Okefenokee Swamp 2023-01-01.

Yesterday the most populous city in the Suwannee River Basin passed a resolution opposing the proposed Twin Pines Minerals (TPM) strip mine or any others within ten miles of the Okefenokee Swamp. The resolution further asks the U.S. Army Corps of Engineers to reverse its abdication of oversight, asks GA-EPD for a moratorium on all mining permits until effects are settled of the recent court overruling of 2020 Clean Water Act changes, as well as to reject the TPM permits, or at least to review those applications as thoroughly as the Army Corps would, and asks the Georgia legislature to prevent such strip mines near the Swamp or any blackwater rivers in the Suwannee River Basin.

You can also ask the state to stop this mine: https://wwals.net/?p=55092

[Mayor and Riverkeeper]
Mayor and Riverkeeper

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Video: Titanium strip mine too near Okefenokee Swamp; Suwannee Riverkeeper on Scott James Radio 2021-10-18

That titanium strip mine too near the Okefenokee Swamp is still in permitting, as Scott James and I discussed on his radio show Monday morning; here’s video. You can help stop that mine.

There’s serious doubt about the legitimacy of the decision last October by the Army Corps of Engineers to abdicate responsibility, since a District Court revoked last year’s EPA decision that the Corps used to decide. Meanwhile, the Georgia Environmental Protection Division (GA-EPD) has five permit applications from those Alabama coal miners, Twin Pines Minerals LLC. For details, see Mining moratorium: NWPR WOTUS and Army Corps on Okefenokee mine site –WWALS to EPD 2021-09-27.

[Strip mine discussion and location]
Strip mine discussion and location

You can ask GA-EPD for a moratorium on all mining, until the effects of that District Court decision get sorted out, or to deny the permits for that mine, or at the very least to examine the permits very thoroughly and produce the equivalent of the Environmental Impact Statement that the Corps should be working on.
https://wwals.net/?p=55092

And don’t forget the WWALS Boomerang paddle race tomorrow morning, Saturday, October 23, 2021, from Georgia into Florida and back!
https://wwals.net/pictures/2021-10-23–boomerang/

Here’s WWALS video of that radio discussion: Continue reading

Mining moratorium: NWPR WOTUS and Army Corps on Okefenokee mine site –WWALS to EPD 2021-09-27

The Army Corps’ excuse to abdicate oversight over the strip mine site near the Okefenokee Swamp was overturned in a court case this August, so the Corps should take that back up.

Meanwhile, WWALS asked GA-EPD to impose a moratorium on all mining permit applications until the ramifications of that court case are sorted out, which could take months or years.

You can ask GA-EPD for that moratorium, or to deny the permits, or at the very least to examine them very thoroughly and produce the equivalent of the Environmental Impact Statement that the Corps should be working on.
https://wwals.net/?p=55092

[Moratorium, please, GA-EPD, since District Court vacated Army Corps' excuse]
Moratorium, please, GA-EPD, since District Court vacated Army Corps’ excuse

The Letter: WWALS to GA-EPD

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Restore pre-2015 Waters of the U.S. –Waterkeeper Alliance to U.S. EPA 2021-09-03

Suwannee Riverkeeper signed on to this Waterkeeper Alliance request for EPA to protect both surface and groundwater.

It includes a mention of the U.S. Army Corps of Engineers (USACE) abdication of oversight over the proposed titanium strip mine far too near the Okefenokee Swamp.

[Restore WOTUS, mine too near Okefenokee Swamp, groundwater recharge]
Restore WOTUS, mine too near Okefenokee Swamp, groundwater recharge

That USACE decision was based on the EPA and USACE 2020 Navigable Waters Protection Rule (“NWPR”) redefining jurisdictional “Waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). On August 30, a U.S. District Court vacated the NWPR. On September 3, Waterkeeper Alliance these lengthy comments on EPA’s WOTUS rulemaking.

Also on September 3, EPA announced that EPA and USACE have halted implementation of NWPR and will be applying the pre-2015 WOTUS definition, which was one of Waterkeeper letter’s requests.

Meanwhile, you can ask the Georgia Environmental Protection Division (GA-EPD) to reject the five permit applications from Twin Pines Minerals for that strip mine, or at least to thoroughly study with independent review potential effects of that mine on the Okefenokee Swamp, the Suwannee River, and the Floridan Aquifer.
https://wwals.net/?p=55092

[Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07]
Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07

Update 2021-09-11: This is what the Waterkeeper Alliance letter says about the Okefenokee Swamp and the threatening strip mine:

Additionally, Alabama-based mining company Twin Pines has proposed a heavy mineral sand strip mine between the St. Mary’s River and Okefenokee Swamp, one of the largest and most celebrated wetlands in the country, and home to both a National Wildlife Refuge and a National Wilderness Area.140 The proposed mine would be 50-feet deep on average and would destroy hundreds of acres of wetlands and streams that are critical to the St. Marys River and Okefenokee’s diverse ecosystems, threatening the hydrology of the swamp. Recently, the Corps determined that nearly 400 acres of previously jurisdictional wetlands near the Refuge are now unprotected by the Clean Water Act, allowing the mining company to begin mining without any involvement by the agency.141 For reasons that are unclear, the Corps did not discuss the streams at the site, which appear to be, but not are not being treated as, jurisdictional waters under the CWA.142 This decision has important implications for the initial part of the mine as well as the longer-term expansion of the mine to more than 8,000 acres near the Refuge.

140 St. Marys Riverkeeper and Suwannee Riverkeeper work to protect waters that are impacted by this decision.

141 Corps Approved Jurisdictional Determination, ORM Number: SAS-2018-00554 (Oct. 14, 2020) (Attachment 11).

142 National Wetlands Inventory Map of the Twin Pines Mine Site Area, available at: https://www fws.gov/wetlands/data/Mapper html (Attachment 12).

[Multiple Streams and Wetlands, including Wetlands Intersecting Streams]
Multiple Streams and Wetlands, including Wetlands Intersecting Streams
PDF

The entire Waterkeeper comment letter is on the WWALS website, along with its exhibits: Continue reading