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Mississippi Environmental Quality Permit Board

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Summary of Meeting Held June 11, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on June 11, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Water I Branch

Turkey Creek Farms, Inc., Greene County

Issuance of Coverage under the Dry Litter Poultry AFO General Permit (MSG201994)

Tracy Tomkins (MDEQ Staff) presented to the Board and recommended approval of the above-referenced Application. The Applicant proposes 2 poultry houses and construction activity on 3 acres of disturbed land during construction. Staff stated that upon notification of the contiguous land owners by the Applicant, 1 letter in opposition was received. . The individual who submitted the letter of objection did not attend the Permit Board Meeting. Because the application is complete, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
Century Construction and Realty, Inc. Lee County P10-039TH Final 20%
Hammett Gravel Company, Inc. Holmes County P10-020AAA Initial 10%
Krystal Gravel, Inc. Copiah County P00-027 Additional 30%
Krystal Gravel, Inc. Copiah County P09-007 Additional 60%
Krystal Gravel, Inc. Copiah County P17-004A Additional 30%
Krystal Gravel, Inc. Copiah County P17-018 Additional 80%
Krystal Gravel, Inc. Copiah County P17-019 Additional 65%
Krystal Gravel, Inc. Copiah County P87-040T2 No Release
Krystal Gravel, Inc. Copiah County P90-020 No Release
Krystal Gravel, Inc. Copiah County P91-029T Additional 20%
Krystal Gravel, Inc. Copiah County P92-029T2 No Release
Krystal Gravel, Inc. Copiah County P92-107 Additional 20%
Krystal Gravel, Inc. Copiah County P95-079 No Release
Tri- State Jackson Lands, LLC Hinds County P06-008 Final 10%

 SURFACE MINING PERMIT TRANSFER

North MS Gravel Company, LLC to Rebel Rock, LLC Monroe County P16-028TA
Joe MC Gee Construction Co. to DDB Construction Madison County P11-029A

OTHER BUSINESS:

  1. Permit Board Officer Elections 7/1/19 to 6/30/20
  • Chris McDonald was elected as Chairman
  • Jennifer Whittmann was elected as Vice-Chairman

Roy Furrh, MDEQ Legal Counsel, thanked James Hoffmann, current Chairman, for his 39 years of service.

  1. Mr. Furrh reported that Mr. Steve Maloney appealed the Permit Board’s decision after the Renaissance at Colony Park, LLC evidentiary hearing regarding the denial of Petitioner’s Request for Revocation of Section 401 Water Quality Certification No. WQC 2015041.  The next step will be a chancery court proceeding on the evidentiary hearing record made by the parties before the Permit Board.

The next Permit Board meeting will be held on July 9, 2019, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

 

 

 

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Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on April 9, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

James Matheney (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
Memphis Stone & Gravel Company DeSoto P01-024 Final 90%
Neely Trucking & Excavating Rankin P96-074 Additional 10%
Thomas D. Murray Harrison P11-004 Initial 90%
W.E. Blain & Sons, Inc. Scott P91-046T Final 50%
W.E. Blain & Sons, Inc. Scott P96-013 Final 50%

SURFACE MINING PERMIT TRANSFER

Sam Pilkinton to Phillips Contracting Co. Lowndes P09-025
Dubois Dozer and Dirt Inc. to Freedoms Image, LLC Rankin P18-004

SURFACE MINING PERMIT TO RESCIND

Pecana Grande Yazoo P99-022T

 OTHER BUSINESS:

Evidentiary Hearing – Renaissance at Colony Park, LLC

Madison County, Mississippi – Evidentiary Hearing Regarding MDEQ’s denial of Petitioner’s Request for Revocation of Section 401 Water Quality Certification No. WQC 2015041

The next Permit Board meeting will be held on June 11, 2019, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

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Chambers List Brunini Attorneys

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The 2019 edition of Chambers USA, which lists leading law firms and individual lawyers in an extensive range of practice areas, jointly awarded high rankings to nine Brunini attorneys and six of the firm’s practice areas.

Chambers USA ranked six of Brunini’s practices, with the firm’s Energy & Natural Resources practice receiving the highest ranking possible in the state. The firm’s Commercial Litigation, Corporate/Commercial and Environmental practices were also highly ranked as well as Labor & Employment and Real Estate.

A collective list of the nine Brunini attorneys recognized as among the best in their fields in Mississippi by Chambers USA include:

Corporate/Commercial

Walter Weems

Energy & Natural Resources

James L. Halford

Watts C. Ueltschey

Gene Wasson

Environment

John E. Milner

Gene Wasson

Litigation: Construction

Samuel C. Kelly

Ron A. Yarbrough

Litigation: General Commercial

David Kaufman

Real Estate

David Andress

Mississippi Environmental Quality Permit Board

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Summary of Meeting Held March 12, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on February 12, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
AMG Construction, Inc. Tallahatchie P16-019 Initial 90%
Boydstun Lumber Company Winston P87-021 Final 10%
Hammett Gravel Yazoo P93-076 Final 90%
Hammett Gravel Yazoo P02-048 Final 90%
Memphis Stone & Gravel Company Panola P09-011 Initial 90%
Neely Trucking & Excavating Rankin P94-128 Final 90%
Ralph Weldy Forrest P94- 014A Final 10%

 SURFACE MINING PERMIT TRANSFER

Charles Henley to Necaise Brothers Constr, Inc Hancock P03-028A
Krystal Gravel, Inc to WAG Sand & Gravel, LLC Copiah P95-069T2
S & S Sand and Gravel, LLC to SamSand WMS, LLC Wilkinson P03-017AT

 SURFACE MINING PERMIT TO RESCIND

Firetower Landfill, LLC Biloxi P93-064T1
Mangum Farms Tunica P99-053
Wallace T. L. Construction Greene P15-018

 SURFACE PERMIT APPLICATION

WC Fore, LLC Harrison A1999

OTHER BUSINESS:

Mr. Furrh, MDEQ Legal Counsel, reported that a resolution has been worked out between Dr. Richard Vise and D and E Construction Company Inc. regarding the Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, and Surface Mining Permit Modification with Acreage Permit No. P95-071 (Lauderdale County) which was approved by the Board during the December meeting. The request for an Evidentiary Hearing has been withdrawn.

The next Permit Board meeting will be held on April 9, 2019, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

MATT ALLEN RECOGNIZED AS ONE OF MISSISSIPPI’S LEADING ATTORNEYS BY THE MISSISSIPPI BUSINESS JOURNAL

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Matt Allen was recently recognized as one of Mississippi’s leading attorneys by the Mississippi Business Journal at the Leadership in Law Awards Ceremony. The men and women who have been chosen for this honor are recognized by their outstanding contributions that have increased the well-being of the community. The ceremony took place at the Old Capitol Inn in Jackson, Mississippi.

Matt is a litigator with Brunini and works on trials and appeals. He has received numerous recognitions for excellence in the practice of law in multiple practice areas from organizations such as Best Lawyers in America, Super Lawyers, Martindale-Hubbell, Benchmark Litigation, The Mississippi Business Journal, the American Society of Legal Advocates, and Portico Magazine. He has successfully litigated civil and criminal cases in state and federal courts in Mississippi and other states around the nation. He has represented clients through trials and appeals in matters related to commercial litigation, product liability litigation, mass torts, alleged white collar crime, the redistricting of the Mississippi legislature and the Voting Rights Act, public records issues, First Amendment litigation, and commercial tax assessment contests.

In November of 2018, Matt advanced to a runoff as a candidate for Hinds County Circuit Court Judge, garnering 46.30% of the vote as a first-time political candidate against a long-time state legislator. He is passionate about criminal justice reform and is studying towards a PhD in Criminal Justice. He is also a Contributing Fellow at the Mississippi Center for Public Policy. He clerked for the Honorable William H. Barbour Jr. of the United States District Court for the Southern District of Mississippi from 2004 to 2005.

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BRUNINI’S LEONARD A. BLACKWELL, II INDUCTED INTO THE 2019 LAW ALUMNI HALL OF FAME

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Leonard A. Blackwell, II a partner at Brunini, Grantham, Grower & Hewes, PLLC, will be inducted into The Law Alumni Chapter of the Alumni Association of the University of Mississippi 2019 Law Alumni Hall of Fame at an Alumni Banquet held on March 30, 2019.

Leonard A. Blackwell, II, a graduate of the University of Mississippi School of Law, was nominated along with four others for the 2019 Law Alumni Hall of Fame. The Hall of Fame recognizes outstanding alumni of the law school who have, through their professional achievements and/or service to the school, brought honor to the law school.

Brunini’s Blackwell has been recognized by Best Lawyers in America® for Gaming Law, Land Use and Zoning Law and by Mid-South Super Lawyers® for Environmental Law. He was recognized as South Mississippi’s Top 10 Outstanding Community Leaders in 2012. Blackwell’s practice areas include construction, environmental law, gaming, governmental relations and real estate.

BRUNINI RECOGNIZED ON THE SHORTLIST IN THE 2019 EDITION OF BENCHMARK LITIGATION

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Brunini, Grantham, Grower & Hewes, PLLC has made the shortlist of Litigation Law Firm of the Year for Mississippi in the 2019 edition of Benchmark Litigation. Brunini is one of only four firms in Mississippi to achieve this honor, with the following attorneys ranked as “Mississippi Local Litigation Stars” in their respective practice areas:

• William Trey Jones III : Appellate, Commercial Litigation, Litigation – Environmental, Personal Injury and Product Liability
• R. David Kaufman: Commercial Litigation, Litigation – Environmental, Personal Injury and Product Liability
• Patrick McDowell: Appellate, Commercial Litigation, Litigation – Environmental, and Intellectual Property

Benchmark Litigation is a guide to America’s leading litigation firms and attorneys. Their results stem from the culmination of a research period that was conducted between March and November 2018, where researchers conducted interviews with litigators and their clients to identify the leading litigators and firms.

All winners will be announced at a ceremony held on Thursday, Feb. 28, 2019 at the Essex House in New York. For more information on Benchmark Litigation’s shortlist, please click here.

Mississippi Environmental Quality Permit Board

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Summary of Meeting Held January 8, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 11, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
A&A Excavating Contractor, Inc. Madison P92-087 Final 10%
Bald Hill, LLC Madison PO4-033A Initial 50%
Central Asphalt Company, Inc. Adams P17-005 Initial 40%
Ronnie Jones Construction, Inc. Lowndes P08-007 Initial 10%
T.L. Wallace Construction, Inc. Greene P15-018 Additional 10%
TCB Construction Company, Inc. Harrison P03-046 Final 20%
Tanner Construction Co., Inc. Lawrence P07-005A No release
Tanner Construction Co., Inc. Perry P08-019A Additional 15%
Tanner Construction Co., Inc. DeSoto P13-021T Additional 80%
Tanner Construction Co., Inc. DeSoto P17-009 Initial 70%

 OTHER BUSINESS:

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to complete their annual compliance forms and statement of economic interest forms.

Mr. Furrh reported that an Evidentiary Hearing has been requested regarding the D and E Construction Company Inc. Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, and Surface Mining Permit Modification with Acreage Permit No. P95-071 approved by the Board during the December meeting. The Evidentiary Hearing will probably be after the March or May Permit Board hearings.

Mr. Furrh reminded the Board that the Le Poultry Evidentiary Hearing is scheduled to be heard after the Board’s April 9, 2019 meeting.

Lastly, Mr. Furrh reported to the Board that the Concerned Citizens who previously requested that the issuance of a water quality certification and storm water coverage to Renaissance at Colony Park – Phase III (Costco) be revoked have filed suit with the Madison County Chancery Clerk.

The next Permit Board meeting will be held on February 12, 2019, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on October 9, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-024 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-025 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-026 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P14-007 Final 10%
Joe McGee Construction Co., Inc.                                                                      Rankin Rankin P15-006 Initial 30%
Joe McGee Construction Co., Inc.                                                                      Newton Newton P10-022 Initial 20%
Memphis Stone and Gravel                                                                      Desoto DeSoto PO4-041 Additional 15%
Tanner Construction Company                                                                      Tate Tate P10-026 Final 90%
Hammett Gravel Co., Inc.                                                                      Yazoo Yazoo P08-027AA Initial 10%

 Surface Mining Permits to Transfer 

Permittee County Permit
DeSoto Services, LLC Harrison PO4-006AAT
DeSoto Services, LLC Harrison P93-051T
DeSoto Services, LLC Harrison P89-022T

OFFICE OF POLLUTION CONTROL

D and E Construction Company Inc.: Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, Lauderdale County. This agenda item was presented jointly with the accompanying Office of Geology Permit Board Item Surface Mining Permit Modification with Acreage Permit No. P95-071. The Board voted to postpone this agenda item until a later date to be determined.

OFFICE OF LAND AND WATER PRESENTATION

An overview of the Dam Safety Permitting Process was presented by Dusty Myers of the Office of Land and Water Resources, Dam Safety Division.

The next Permit Board meeting will be held on December 11, 2018, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.