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Mississippi Environmental Quality Permit Board Summary of Meeting Held September 9, 2014

September 9, 2014 by Brunini Law

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 Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 9, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, Permit Board Chairman, chaired the meeting attended by all Board members.  The Board approved minutes from the August meeting and all non-controversial actions/certifications by the staff since the August meeting.  Following a prepared agenda, the items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permit to cancel:

Surface Mining Bond Releases:

Permittee County Permit MDEQ Staff Recommendation
Baldwyn Sand & Gravel Monroe P92-098AA 30% release
Eutaw Construction Company, Inc. Monroe P93-050T 90% release
Eutaw Construction Company, Inc. Monroe P13-018 50% release
W. S. Jordan & Sons Sand and Gravel DeSoto P96-026 No release
Preston Dobbs Truck Service Monroe P02-002AAA 100% release
Krystal Gravel, Inc. Copiah P90-020 30% release
Krystal Gravel, Inc. Copiah P91-016T2 10% release
Krystal Gravel, Inc. Copiah P92-029T2 No release
Krystal Gravel, Inc. Copiah P94-067T1 No release
Krystal Gravel, Inc. Copiah P95-079 No release
Krystal Gravel, Inc. Copiah P98-003 No release
Krystal Gravel, Inc. Copiah P00-027 40% release
Krystal Gravel, Inc. Copiah P00-046T2 No release
Krystal Gravel, Inc. Copiah P01-39A 20% release
Krystal Gravel, Inc. Copiah P02-043 45% release
Krystal Gravel, Inc. Copiah P03-003T 10% release
Krystal Gravel, Inc. Copiah P13-002 20% release
Oxford Sand Company Panola P99-051 20% release
Phillips Contracting Co. Lowndes P07-026T 90% release

Surface Mining Permit to Cancel:

Permittee County Permit Staff Recommendation
U.S. Army Corps of Engineers Marshall P09-020A Cancel

The Board heard discussions from visitors and approved the following surface mining bond releases:

APAC – Mississippi, Inc. (Carroll County)

Surface Mining Permit Bond Release – P98-011TA

Mr. James Matheny of MDEQ staff stated that the Office of Geology recommended an initial 15% bond release for this 337-acre site.  After hearing discussion from visitors, the Board approved the mining bond release in accordance with the staff’s recommendation.

Visitors requested that the Board delay release until ownership of the site is settled by pending litigation and stated that APAC – Mississippi, Inc. (APAC) now owns J.J. Ferguson Sand & Gravel’s interest in this site.  Pending litigation is between the visitors and J.J. Ferguson Sand & Gravel.  A  representative of APAC argued for the recommended bond release and referenced a letter from the Carroll County School District, stating that the litigation will not have bearing on bond releases.  Roy Furrh, MDEQ General Counsel, explained that MDEQ requires bond to ensure that permittees complete reclamation.  Bonds do not affect royalty payments to parties.  Given this, Mr. Furrh recommended that the Board release the bonds in accordance with the staff’s recommendation.

J.J. Ferguson Sand & Gravel (Carroll County)

Surface Mining Permit Bond Release – P88-017

A representative from J.J. Ferguson Sand & Gravel stated that this site does not abut the visitors’ property.  Ongoing litigation with the visitors, referenced above, involves royalties and not land reclamation required for bond release.  After hearing discussion from visitors, the Board approved the bond release in accordance with the staff’s recommendation.

OFFICE OF POLLUTION CONTROL

Solid Waste and Mining Branch

Chamber of Mississippi, Inc., Clearview Environmental Control Facility Landfill (Scott County)

Reissuance of NPDES Permit – MSS059374

Reissuance of Title V Air Permit to Operate – 2420-00046

Reissuance and Modification of Wastewater Treatment Permit – MSP090465

There were no significant issues identified during the public comment period.  The Board approved the permits in accordance with the staff’s recommendation.

Construction and Building Materials Branch

McClain Lodge High Fence Project (Rankin County)

Issuance of Large Construction Stormwater Coverage – MSR106411

Issuance of 401 Water Quality Certification – WQC2014002

Florence Bass of MDEQ staff stated the project is for the construction of a 12-foot high fence to create a hunting area for native and exotic animals on a 390-acre tract in Rankin County.

The applicant addressed all off-site and on-site mitigation and restoration enhancements and paid a previously assessed a fine. Residents of the neighboring subdivision have filed letters of objection, and a public hearing was held.  At the hearing, residents raised concerns about flooding, health, and environmental quality.  A visitor (neighboring subdivision resident) stated his concerns regarding (1) the potential for water contamination due to exotic game and (2) erosion and standing water issues.  After hearing discussion from visitors, the Board approved these authorizations in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on October 14, 2014.

This Newsletter is a publication of the Environmental Practice Group of the Brunini, Grantham, Grower & Hewes law firm 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 matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

Practice Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson

Practice Groups

  • Environmental Law
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