The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on May 8, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Dennis Riecke chaired the meeting.
The Board approved minutes from the April meeting and the non-controversial actions/ certifications completed by the staff since the April meeting.
Following a prepared agenda, items considered were as follows:
OFFICE OF POLLUTION CONTROL
Environmental Permits Division
Water I Branch
Le Poultry: (Continued from April 10, 2018 Permit Board Meeting):
Issuance of Coverage under the DLPAFO General Permit (MSG201968) and Issuance of Storm Water Coverage (MSR107600) Pike County
MDEQ Staff summarized the presentation they made to the Board during the April 10, 2018 Permit Board meeting and reported on the April 16th Community Meeting at Shady Grove Missionary Baptist Church in Osyka and organized by MDEQ. Several visitors made comments in opposition, and the Board questioned the adjoining property owner as to the “Occupied Dwelling” issue. After the comments and questioning, a member of the Board moved for a vote to approve the MDEQ staff recommendations, which were to issue coverages to the applicant, Mr. Le, under (1) the DLPAFO General Permit (MSG201968) and (2) the General Storm Water Permit (MSR107600). This motion was then seconded. The issuance of both coverages was unanimously approved by the Board.
Mr. Roy Furrh, MDEQ Legal Counsel then described the process and procedures needed for an appeal and evidentiary hearing regarding the Board’s decision. Furrh recommended to the visitors that, if anyone desired to request an evidentiary hearing regarding the Board’s decision, legal counsel be obtained for representation at the evidentiary hearing since the process involves legal processes, including written witness direct testimony and live cross-examination of witnesses.
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 |
Bacco Materials, Inc. | Lowndes | P96-070AA | Initial 40% |
Sandyland Properties, LLC | Noxubee | P97-037T | Initial 90% |
Walters Development, LLC | Jones | P09-015 | Additional 10% |
EP Engineered Clays Corporation | Monroe | P92-071T | Initial 90% |
EP Engineered Clays Corporation | Monroe | P99-042AAT | Initial 30% |
Hammett Gravel Company | Yazoo | P01-027 | Final 70% |
Surface Mining Permit to Rescind
Permittee | County | Permit |
Kevin Haas Trucking, Inc. | Hancock | P06-036 |
OTHER BUSINESS:
Roy Furrh, MDEQ Legal Counsel, stated that there will be an educational presentation to provide background information regarding permitting for Solid Waste during either the June Permit Board meeting.
The next Permit Board meeting will be held on June 12, 2018, 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.
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.