Summary of Meeting Held August 13, 2019
The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 13, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Chris McDonald chaired the meeting.
The Board approved minutes from the July meeting and the non-controversial actions/ certifications completed by the staff since the July 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 |
| Krystal Gravel | Copiah | P78-023T1 | No Release |
| Krystal Gravel | Copiah | P10-028 | Initial 20% |
| Krystal Gravel | Copiah | P14-014 | Additional 30% |
| Krystal Gravel | Copiah | P99-035A | Additional 10% |
| Krystal Gravel | Copiah | P93-004T1 | Additional 40% |
| Krystal Gravel | Copiah | P87-012 | Additional 10% |
| Krystal Gravel | Copiah | P17-012 | Additional 10% |
| Krystal Gravel | Copiah | P16-015 | No Release |
| Krystal Gravel | Copiah | P87-003 | Initial 20% |
| Krystal Gravel | Copiah | P79-002T2 | Final 10% |
| Pierce Construction and Contract Hauling Inc. | Monroe | P17-003 | Initial 90% |
| Memphis Stone & Gravel Company | DeSoto | PO4-041 | Final 10% |
OFFICE OF POLLUTION CONTROL
ENVIRONMENTAL PERMITS DIVISION MUNICIPAL – WATER I AND 401/STORMWATER BRANCHES
Mississippi State Port Authority, North Port Property, Harrison County – Issuance of a 401 Water Quality Certification (WQC2018036) and Issuance of NPDES Construction Stormwater Coverage (MSR107890).
MDEQ Staff presented to the Board and recommended approval of the above-referenced application. The Mississippi State Port Authority (“Port Authority”) requested the permits in connection with a proposed facility to be constructed on a 10-acre site that is to be utilized for military storage and staging area. The proposed site adjoins the Kansas City Southern Railway and is on land formerly utilized by fertilizer plant which was subject to a corrective action plan (“CAP”). The proposed site is a portion of an approximately 140-acre tract.
Staff stated that, as a result of notification of contiguous land owners and public notice, multiple comments were received and a public hearing was held. Multiple members of the community spoke in opposition. After much discussion, the Board approved the application contingent upon the Port Authority purchasing the appropriate wetlands mitigation credits.
Auburn Apartments LLC. Guru Properties, Lee County – Buffer Zone Variance Request (NPDES Ref. No. MS0062499)
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 of 10 feet in order to install a septic treatment facility. Staff stated that contiguous land owners were contacted and one person representing multiple family members came and spoke in opposition to the project. After much discussion, the Board approved the buffer zone variance request.
Gold Coast Commodities Inc. Wastewater Treatment Site, Rankin County – Issuance of State Operating No Discharge Permit (MSU218003)
Staff presented but did not provide a recommendation to the Board concerning an application for the issuance of a state operating no-discharge permit. Gold Coast Commodities Inc. (“Gold Coast”) manufactures and processes seed stock and used cooking oil, and the wastewater from the process is currently transported out of state for treatment and disposal. Issuance of the permit would allow Gold Coast to treat and discharge their wastewater locally. After much discussion, the Board approved the permit application contingent upon additional inspections.
Other Business
MDEQ Staff presents proposed findings of fact and conclusions of law for consideration regarding denial of Petitioner Stephen M. Maloney’s Request for Revocation of Renaissance at Colony Park, LLC’s Clean Water Act Section 401 Water Quality Certification (No. WQC 2015041).
The next Permit Board meeting will be held on September 10, 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.