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Mississippi Environmental Quality Permit Board Summary of Meeting Held November 8, 2016

November 15, 2016 by 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:

 

Permittee County Permit Staff Recommendation
Walters Development, LLC Jones P09-015 50% 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.

Practice Attorneys

  • John E. Milner
  • Gene Wasson

Practice Groups

  • Environmental Law
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