Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.
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Meeting Summary
The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on July 14, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson. Ms. Leslie Royals, PE chaired the meeting.
The Board approved minutes from the June meeting. Also the Board approved non-controversial actions/certifications by the staff since the June meeting with the following exception. The Board stated that MDEQ is delaying issuance of the permit for United Waste Systems, Star Landing Rubbish Disposal Facility in DeSoto County (Agency Interest No. 19063) pending additional consideration of an objection letter received from the DeSoto County Board of Supervisors.
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 and permits to transfer.
Surface Mining Bond Release:
|
Permittee |
County |
Permit |
Staff Recommendation |
| J.J. Ferguson Sand and Gravel |
Carroll |
P87-009 |
Final 10% Release |
Surface Mining Transfers:
|
Permittee |
County |
Permit |
| DK Aggregates, LLC, transfer to Wet Mine Assets Holding, LLC with new permit number P04-007AT |
Hancock |
P04-007A |
| DK Aggregates, LLC, transfer to Wet Mine Assets Holding, LLC with new permit number P04-008AT |
Hancock |
P04-008A |
| DK Aggregates, LLC, transfer to Wet Mine Assets Holding, LLC with new permit number P04-003AT |
Hancock |
P04-003A |
Surface Mining Applications
After discussion, the Board approved the Surface Mine Applications (A1913 and A1914), along with the associated Mining Storm Water General Permits, for W.S. Red Hancock (Applicant) in Yazoo County, MS. The approved permits will allow the Applicant to conduct the following activities:
- Permit A1913. Four acres of point bar mining on Perry Creek.
- Permit A1914. Five acres of point bar mining on Perry Creek with the addition of eight acres of open pit mining for borrow material.
James Matheny of MDEQ staff stated that Perry Creek is a tributary of the Yazoo River. The Applicant has developed an acceptable remediation plan to allow natural regeneration of the creek. In addition, the permit is subject to special conditions developed by the Office of Geology. Although mining in perennial streams in no longer common in Mississippi, Mr. Matheny stated that the permit application was complete and met all requirements of the Office of Geology. Thus, MDEQ staff recommended approval of the permit.
In additional discussion, Mr. Matheny stated that the subject mine was above the ordinary high water mark established by the U.S. Corps of Engineers (Corps). The Corps is planning to conduct an additional high water inspection, after the Applicant flags the mining area, prior to commencement of mining operations. The applicant has conducted a mussel survey in cooperation with the U.S. Fish and Wildlife Service, an upland survey in cooperation with the Mississippi Department of Archives and History, and a review of species of concern with the Mississippi Department of Wildlife, Fisheries, and Parks.
Mr. Shannon Lowery, Environmental, Health, and Safety officer for W.S. Red Hancock, addressed the Board on behalf of the Applicant. Mr. Lowery stated that the Applicant has addressed the concerns of state and federal agencies in preparing its application. The Applicant has also met all requirements of MDEQ’s Office of Geology for its mining permits and MDEQ’s Office of Pollution Control for its storm water permits. The Applicant confirmed that they were in agreement with the special conditions placed in the permit by the Office of Geology and stated that their mining activities would be conducted in a manner that will minimize environmental impact.
OFFICE OF POLLUTION CONTROL
Agricultural Branch
The Board approved the Issuance of Coverage of the AFO General Permit (MSG201826) and the Issuance of Storm Water Coverage (MSR106924) for Peytons Place Poultry in Simpson County. The proposed facility will include 6 poultry houses and construction activity on 7.9 acres of property. Staff stated that upon notification by the Applicant, a neighboring property owner submitted a letter of concern. A representative of this neighbor addressed the Board and stated that the neighbor’s concerns were the proposed facility’s negative impact on their “family values,” personal health issues such as asthma, and worry about the transmission of avian influenza. After the neighbor’s representative spoke, Mr. Lipe of the Mississippi Department of Agriculture and Commerce stated that avian influenza does not presently transfer to humans, and that his agency is working with poultry producers to develop biosecurity plans to combat the spread of the disease among poultry species.
In response to the neighbor’s concerns, Mr. Peyton Little (Applicant) addressed the Board. The Applicant stated that he planned to maintain his proposed facility in accordance with all MDEQ requirements. In response to a question from the Board, Ms. Tomkins of MDEQ staff stated that the proposed area for the poultry houses is separated by a forested buffer zone on all sides. As a compromise, to address the neighboring property owner’s concerns, the Applicant agreed to maintain the trees and other vegetation in the surrounding buffer zone. The Board expressed its appreciation to Mr. Little for agreeing to maintain the forested buffer zone even though it exceeds the regulatory requirements of the Dry Litter Poultry Animal Feeding Operation Multimedia General Permit. The Board requested that MDEQ staff incorporate the Applicant’s commitment to retain the forested buffer zones into the Applicant’s final permit.
After discussion, MDEQ staff noted that the Application is complete and meets all technical requirements of MDEQ Regulations. Because the applicant is in compliance with all requirements, MDEQ recommended issuance of the permit.
Solid Waste Management and Mining Branch
The Board approved issuance of a State Operating Permit (MSU215001) for Waste Management of MS, Inc., Pecan Grove Landfill and Recycling Center and Rubbish Site in Harrison County. The new permit will allow the facility to treat its leachate onsite and apply it to areas within the facility’s footprint for irrigation and dust control. The permit’s application rate will prevent any runoff of treated leachate from the facility’s boundaries. The site formerly collected and transported leachate offsite for treatment.
MDEQ staff stated that the facility’s application is complete and that a public hearing on the permit was held on July 7, 2015. There were no attendees at the permit board meeting.
OTHER BUSINESS
David Snodgrass, RPG was elected as chairman of the Board and Michael Bograd, RPG was elected vice-chairman for the next 1-year term.
Roy Furrh, MDEQ General Council, reminded the Board and attendees that the evidentiary hearing for the West Rankin Utility Authority NPDES Permit No. MS0061743 is scheduled for September 1-2, 2015, beginning at 9 a.m.
The next Permit Board meeting will be held on August 11, 2015 at 9 a.m.
This Newsletter is a publication of the Environmental Department 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.
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