Company would break covenant to mine near Okefenokee

Land proposed for titanium mining near the Okefenokee swamp is encumbered by a conservation covenant that gives mining company Twin Pines Minerals a tax break, but does not allow mining.

Attorneys at the Southern Environmental Law Center notified the Georgia Environmental Protection Division of this situation in a letter dated Aug. 6, 2024.

“We recently learned that the proposed mine site is subject to Forest Land Protection Act covenants, which require the landowner to maintain the property as forest land until at least 2034,” the letter states. “EPD should not authorize any activities—including surface mining or groundwater withdrawals — that breach those binding covenants.”

EPD spokeswoman Sara Lips confirmed the agency received the letter.

“Our staff is still reviewing and do not have a response at this time,” she wrote.

EPD issued a set of draft permits for the planned mine in February. The state regulators are currently reviewing comments and completing their technical analysis before issuing their final decision on the controversial plan.

The strip mine’s footprint will come within three miles of the Okefenokee National Wildlife Refuge, the largest refuge in the Eastern U.S. Swamp advocates and a large group of scientists oppose the plan to extract titanium dioxide, saying it will disrupt the vital flow of water in the swamp. Twin Pines insists it can mine safely.

Alabama-based Twin Pines Minerals requested a conservation covenant in 2019 shortly after it applied to the U.S. Army Corps of Engineers for permits related to its mining plan.

In requesting the Forest Protection Act covenant, Twin Pines’ president Steve Ingle signed a statement swearing to keep the land in the covenant for 15 years.

“The bottom line here is Twin Pines has paid significantly less in county property taxes over the last five years because it swore to the Charlton County tax assessor that it would, and I’m reading off the document here, quote, maintain the property as forest land conservation use property through 2034 … all while actively applying for perhaps the most controversial environmental permit in Georgia history,” SELC Senior Attorney Megan Huynh said.

The rules and regulations surrounding the covenants allow a landholder to back out of the deal, but to do so they must pay double the original tax bill plus interest.

Twin Pines Minerals President Steve Ingle indicated via email that he plans to apply for a release if necessary.

“SELC is mistaken about the effect of the Forest Protection Act covenant,” Ingles wrote. “Twin Pines will file an ‘application for release of covenant forest land conservation use property’ at the appropriate time, as the statute and rules allow ( O.C.G.A. s. 48-5-7.7 (m) & DOR Rule 560-11-11 Exhibit D (Application for Release)), but there is no reason to do so until a permit is issued and the current use changes.”

Huynh said she was aware of the release provision but pointed to a recent Atlanta Journal Constitution article that revealed Twin Pines had fallen behind on its current tax bills , owing Charlton County $365,000 in taxes, penalties and interest earlier this year.

“I think it raises questions about whether the company has the ability to pay the penalties to be released from these covenants,” she said.

“I think what really stood out for us was the language on the permit where Steve Ingle swears that he will maintain it as conservation property a month after applying for permits. It seems to be just another example in a long list of examples of reasons we should not trust Twin Pines to mine next to this exceptional natural resource.”

The Tide brings regular notes and observations on news and events by The Current staff.