Summary of Meeting Held October 8, 2019
The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on October 8, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Chris McDonald chaired the meeting.
The Board approved minutes from the September meeting and the non-controversial actions/ certifications completed by the staff since the September 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 |
| Pierce Construction | Hinds | P16-023 | Initial 50% |
Surface Mining Permit to Transfer
In accordance with MDEQ staff recommendations, the Board approved the following transfer:
| Permittee | County | Permit |
| C&S Construction Company to James A. Hodges Construction, Inc. | Lee | P07-024 |
OFFICE OF POLLUTION CONTROL
ENVIRONMENTAL PERMITS DIVISION – 401/STORMWATER BRANCH
Drying Facility Assets Holding, LLC – Issuance of Water Quality Permit (WQC2018031) and Modification of Stormwater Coverage (MSR106120), Pearl River County
MDEQ Staff recommended and the Board approved the above-referenced applications with conditions. Staff stated that, as a result of notification of contiguous land owners and public notice, one written comment was received expressing concerns regarding flooding, zoning and noise. No one in opposition appeared at the meeting. Because the application is complete, MDEQ staff recommended issuance of the Permit.
Petitioner Stephen M. Maloney’s Request for Revocation of Renaissance at Colony Park, LLC’s Clean Water Act Section 401 Water Quality Certification
Other Business
Roy Furrh, MDEQ Legal Counsel reported that requests for Evidentiary Hearing have been received by Senator Dawkins and by a professor at the University of Mississippi School of Law regarding Mississippi State Port Authority, North Port Property in Harrison County. He asked the Board members to check their calendars and let him know if they would be available for a special meeting on Thursday, February 20, 2020.
Mr. Furrh reminded the Board that Stephen Maloney, 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 filed suit with the Madison County Chancery Clerk and informed the Board that the Board’s decision to affirm its issuance of the Dry Litter Poultry Animal Feeding Operation Multimedia General Permit (No. MSG 201968) and the Large Construction Storm Water General Permit (No MSR107600) to Jimmy Le d/b/a Le Poultry, Pike County, Mississippi has been appealed to the Pike County Chancery Court. Mr. Furrh is working with the attorneys to get briefing schedules for both.
The next Permit Board meeting will be held on November 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.