The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on March 10, 2020, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Chris McDonald chaired the meeting.
The Board approved minutes from the February meeting and the non-controversial actions/ certifications completed by the staff since the February 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 |
| Meggs Dirt & Gravel, LLC | Attala | P10-008 | Initial 60% |
| Milton Chad Coffey | Union | P07-014T | Final 80% |
| Milton Loper | Madison | P94-038 | Final 10% |
| Milton Loper | Madison | P89-010 | Final 90% |
| Milton Loper | Madison | P93-100 | Final 10% |
| Joe McGee Construction Co. | Madison | P11-024 | Final 10% |
| Joe McGee Construction Co. | Rankin | P14-022 | Initial 90% |
Surface Mining Permit Transfer
| Permittee | County | Permit |
| Benefield Sand Company to Ripley Sand | Tippah | P93-059 |
OFFICE OF POLLUTION CONTROL
401/STORMWATER BRANCH
Belle Fontaine Subdivision, Jackson County – Consideration of Issuance of a 401 Water Quality Certification (WQC2017103).
MDEQ Staff presented to the Board and recommended approval of the above-referenced application. Belle Fontaine Subdivision requested the permit in connection with a proposed single-family residential subdivision. MDEQ received letters of objection from adjacent property owners citing flooding, wetland impacts and endangered species issues among others; however, no one appeared at the meeting. The Application was amended to address the concerns of the adjacent property owners. A representative for Belle Fontaine Subdivision spoke at the meeting stating that he had met with the property owners regarding the existing flooding problems and stated that the subdivision was designed to meet 100-year flood standards and that this should solve current flooding problems with the neighbors. The Applicants are required to purchase mitigation credits before construction. After a question from the Board, the Board approved the Application.
Golden Bay Investments, Oak Landing RV Park (“Golden Bay”), Harrison County – Consideration of Issuance of a 401 Water Quality Certification (WQC2017056).
MDEQ Staff presented to the Board and recommended approval of the above-referenced application. Golden Bay requested the permit in connection with a proposed upscale RV park. MDEQ received letters of objection from adjacent property owners citing drainage, flooding, wetland impacts and endangered species issues among others; however, no one appeared at the meeting. The Application was amended to address the concerns of the adjacent property owners. A representative for Golden Bay spoke at the meeting stating that he had met with the property owners regarding the existing drainage problems and stated that the subdivision was designed to meet 100-year flood standards and that this should solve current drainage problems with the neighbors. The Applicants are required to purchase mitigation credits before construction. After a question from the Board, the Board approved the Application.
AIR II BRANCH
Jackson Memorial Funeral Service, LLC, Hinds County – Buffer Zone Variance Request (Air Ref. No. 1080-00264)
Staff presented but did not provide a recommendation to the Board concerning an application for buffer zone variance from 150-foot setback to the minimum setback to 110 feet for one adjoining property owner and 95 feet for another property owner. Staff stated that contiguous land owners were contacted. A representative from the funeral home visited with the abutting property owners regarding the variance, and the property owners stated that they have no objection to the variance. No one in opposition appeared at the meeting. The Board approved the variance.
Other Business
Roy Furrh, MDEQ Legal Counsel reminded the Board Members that the Evidentiary Hearing regarding Mississippi State Port Authority, North Port Property in Harrison County is scheduled for May 12, 2020.
Mr. Roy Furrh also reminded the Permit Board members that they need to complete their annual compliance forms and statement of economic interest forms and turn in their Designee Letters.
The next Permit Board meeting will be held on April 14, 2020, 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.