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.