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

March 14, 2016 by Brunini Law

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.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on March 8, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the February Regular meeting along with non-controversial actions/certifications by the staff since the February 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 releases.

Surface Mining Bond Releases:

Permittee County Permit Staff Recommendation
Columbus Brick Company Clay P94-095 Initial 60% Release
Columbus Brick Company Clay P84-005 Initial 82% Release
Talbot Bros. Const. Co. and Talbot Bros. Grading Co. Grenada P12-007 Initial 60% Release

Surface Mining Permits to Transfer:

Permittee County Permit Staff Recommendation
Kyle M. Mallette (Ms. Haidee Oppie Sheffield, Administrator of Estate) transfer to Jackie L. Richards, Jr. Jackson P98-057A Approved
Buford Partners, L.P. transfer to Mississippi Sand Solutions, LLC Warren P80-005T2 Approved

Surface Mining Permit:

James Matheny, with the Office of Geology presented the Surface Mining Permit Application of Lee Allen and Associates, LLC (Hinds County, Permit Number A1929) to the Permit Board.  The Application is a modification/expansion of a previously-exempt 4 acre surface mine and proposes to open pit mine 50 acres to a total depth of 10 feet for borrow material.  There were two Visitors from the Presidential Hills Subdivision who spoke in opposition.

Board members posed questions on several potential issues including (but not limited to):

  • Zoning;
  • Stormwater Permit;
  • Buffer Zone;
  • Notification of adjoining property owners as well as State and Federal Agencies;
  • Environmental Justice;
  • Increased drainage into the Bogue Chitto Creek, and
  • Reclamation Plan

The Board approved a motion to continue the matter until the Applicant submits documentation from the City of Jackson that the subject property is properly zoned for a surface mine and also submits a more detailed engineering analysis as to the runoff rates, stormwater control and flooding issues.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel stated that the Star Landing Rubbish Site matter (DeSoto County) will be scheduled for the May 10th or June 14th meeting.  He also reminded the Board to file their Statements of Economic Interest.

The next Permit Board meeting will be held on April, 2016 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.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Practice Attorneys

  • John E. Milner
  • Gene Wasson

Practice Groups

  • Environmental Law
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