Wetland Permitting Public Notices

Public Notice of Application by MS Department of Environmental Quality

PUBLIC NOTICE OF APPLICATION
FOR COASTAL WETLANDS PERMIT
AND WATER QUALITY CERTIFICATION

The Mississippi Department of Environmental Quality (MDEQ) has filed an application with the Department of Marine Resources (MDMR) requesting permission to conduct regulated activities under the provision of the Coastal Wetlands Protection Law Act, Title 49, Chapter 27, Mississippi Code of 1972.

The proposed project is a component of the Phase IV Early Restoration Project – Restoring Living Shorelines and Reefs in Mississippi Estuaries. The applicant states that the project will partially restore natural resources and their services injured by the Deepwater Horizon Oil Spill by restoring lost benthic secondary biological productivity. The proposed project location is Bangs Bayou and Point Aux Chenes Bay in Jackson County.
The applicant is proposing to construct a maximum of 6.5 acres of subtidal reef habitat along the western shoreline of Point Aux Chenes Bay through the placement of aggregate material and shell in undulating ridges varying in thickness from 0.2 foot to 3.0 feet in height. A minimum clearance of 2.0 feet will be maintained at MLLW.

The applicant is also proposing to construct a maximum of 3.0 acres of intertidal reef habitat along the banks of Bangs Bayou through the placement of aggregate material and oyster bags varying in thickness from 0.2 foot to 0.7 foot. The material will be placed at an elevation ranging from -0.5 to +1.5 feet MLLW.

The applicant is requesting permission to perform maintenance on the reefs as needed during the duration of the permit.

The applicant has requested a variance to MDMR’s Guidelines for Regulated Activities, specifically to Chapter 8, Section 2, Part III.O.1. of the Mississippi Coastal Program (MCP) which states, “Permanent filling of coastal wetlands because of potential adverse and cumulative environmental impacts is discouraged”, and to Miss. Admin. Code Title 22, Part 23, Chapter 8, Section 114.01 which states, “Permanent filling of coastal wetlands below the mean high tide line because of potential adverse and cumulative environmental impacts is not authorized”, and has justified these requests under Chapter 8, Section 2, Part I.E.2.c.i. of the MCP and Miss. Admin. Code Title 22, Part 23, Chapter 8, Section 118.01 by stating that the impacts to Coastal Wetlands would be no worse than if the Guidelines were followed because it meets several of the goals of the MCP.

This public notice, project diagrams, and a copy of the full project application may be accessed on MDMR’s website at: http://dmr.ms.gov/index.php/coastal-resources-management/wetland-permitting. A copy can also be mailed upon request.

In compliance with Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1251, 1341), as amended by PL 95-217, the applicant will request certification from the Office of Pollution Control that the above mentioned activity will be in compliance with applicable provisions of Section 301 (33 U.S.C. 1311), Section 302 (33 U.S.C. 1312), Section 303 (U.S.C. 1313), Section 306 (U.S.C. 1316), and Section 307 (U.S.C. 1317) of the Act and appropriate requirements of the State Law.

Any person wishing to make comments on or objections to the proposed regulated activity must submit those comments in writing to the Department of Marine Resources by mail to 1141 Bayview Avenue, Biloxi, Mississippi 39530; by fax to 228-374-5008; or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. before 1:00 p.m. on the day April 19, 2019.

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