Brunini Law

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 8, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from the September meeting and the non-controversial actions/ certifications by the staff since the September meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond release:

Surface Mining Bond Release:

Liberty Fuels Coal Mine Renewal:

The Board approved the renewal of Liberty Fuels Coal Mine Permit Number MS-003 in Kemper County.  The Application was submitted for the first renewal of the permit.  There were no written comments in opposition to the Application. Further, a public hearing was held, but there was no opposition at the hearing.

Krystal Gravel, Inc. – Surface Mining Application:

The Board approved Krystal Gravel, Inc.’s Surface Mining Application for a 10.78 acre sand and gravel surface mine.  Per regulations, Notices were sent to landowners within 500 feet.  MDEQ was notified by a landowner (Ms. Montora McDonald) that she did not receive the Notice.  A Notice was sent to Ms. McDonald and the comment period was extended accordingly. A public hearing was held and one person spoke in opposition, citing dust and noise.  Ms. McDonald appeared at the Permit Board Meeting in opposition.  She asked questions regarding proximity of the mine to her property and how long it would take to reclaim the land once mining operations ceased; also, she cited issues such as dust, mud and hazards.  Staff addressed Ms. McDonald’s questions and issues, and then stated that the Application is complete, has met all requirements, and the Applicant is in compliance.  Based on this, MDEQ staff recommended issuance of the Permit.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel, advised the Board that key employees at MDEQ had recently filed forms with the Department of Interior – Office of Surface Mining and Reclamation and that members of the Permit Board would also have to complete similar forms.

Mr. Furrh advised the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC that had been scheduled for the December meeting has been postponed until the March meeting.

Following the Permit Board meeting, an evidentiary hearing was held regarding Renaissance at Colony Park, LLC, Madison County, Mississippi, regarding the issuance of Section 401 Water Quality Certification No. WQC 2015041 and Large Construction Storm Water General NPDES Permit Coverage No. MSR 107191.

The next Permit Board meeting will be held on December 13, 2016 at 9 a.m.

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on October 11, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from September meeting and the non-controversial actions/ certifications by the staff since the September meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

No items were on the agenda

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to combine:

 Surface Mining Bond Release:

Mississippi Lignite Mining Company

The Board approved a partial release of additional acreage based on the completion of required reclamation.  The applicant did not request or receive the release of any bond funds.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel advised the Board that Evidentiary Hearings have been scheduled for the November and December meeting pertaining to the following matters: issuance of a water quality certification and storm water coverage to Renaissance at Colony Park – Phase III (Costco), and issuance, modification and transfer of a water quality certification and other permits to Drying Facility Asset Holdings, LLC.

Following the Permit Board meeting, an evidentiary hearing was held to consider NPDES Permit No. MS0061751 regarding Mississippi Power Company, Kemper County.

The next Permit Board meeting will be held on November 8, 2016 at 9 a.m.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 13, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from August meeting and the non-controversial actions/ certifications by the staff since the August meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Municipal & Private Facilities

Meridian POTW – Lauderdale County – MS0020117

The Board denied the request by one individual for a public hearing to be held in Meridian (rather than at the MDEQ offices).  This individual was advised of the time date and location of this Permit Board hearing and did not attend.

Further, the Board approved the reissuance of the NPDES Permit.  One letter of concern was submitted; however staff noted that the permit was drafted within the limits and meets all federal and state laws and regulations.  No one in opposition was in attendance.

Agricultural Branch

The Board approved issuance of coverage under the AFO General Permit (MSG201887) and issuance of construction under the Storm Water Coverage (MSR107212) for Wegner Farms in Noxubee County.  The application proposes four poultry houses and construction activity on seven acres of disturbed land.  Staff stated that upon notification by the Applicant, three neighboring property owners submitted letters of concern; however, they did not attend the meeting.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to combine:

 Surface Mining Bond Release:

Surface Mining Permit to Rescind:

OFFICE OF LAND AND WATER RESOURCES

The Board approved the Proposed 2016 General Permit for Mississippi River Valley Alluvial Aquifer (MRVA) Groundwater Withdrawals.  The proposed 5-year permit is for irrigation, aquaculture and wildlife habitat enhancement.  A hearing was held on April 21, 2016 with comments accepted until May 21, 2016.  Modifications to the permit were made and incorporated per the comments.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel advised the Board Evidentiary Hearings have been scheduled for the next three permit Board Meetings and that each hearing should be completed in less than a day.

The next Permit Board meeting will be held on October 11, 2016 at 9 a.m.