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The Scottish Government
Business, Enterprise & Energy Directorate
Renewable Energy Division
5 Atlantic Quay
150 Broomielaw
GLASGOW
G2 8LU
PCS/104292
If telephoning ask for:
Lynne Anderson
4 December 2009
By email only to: energyconsents@scotland.gsi.gov.uk
Dear Sir/Madam
THE ELECTRICITY WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (SCOTLAND)
REGULATIONS 2000
SECTION 36 APPLICATION FOR THE PROPOSED NEWFIELD WINDFARM IN DUMFRIES &
GALLOWAY
Thank you for your consultation letter which SEPA received on 29 October 2009. Based on the
information currently available to us, we have no objection in principle to this planning
application. Please note the advice provided below.
1.
The Water Environment (Controlled Activities) (Scotland) Regulations (CAR)
2005
1.1
In your letter you asked for specific advice on the following matters;
a) whether an authorisation under the 2005 Regulations will be required for this activity,
and, if so, whether SEPA has received an application from the developer to date; and
b) on the basis of available information, whether SEPA would expect to grant authorisation
under the 2005 Regulations in this case.
1.2
With regard to (a), all activities with potential impact on the water environment require to be
authorised under the 2005 Regulations. The level of authorisation required is dependent
on the anticipated environmental risk posed by the activity to be carried out: the lower the
risk, the lower level of control required. Authorisation may be as straightforward as
compliance with an appropriate General Binding Rule (GBR), moving through registration
with SEPA, up to compliance with site-specific conditions imposed in a licence issued by
us. We have not received an application under CAR for the proposals.
1.3
A full assessment of the information required for a CAR application has therefore not yet
been undertaken however on the basis of the information which has been reviewed we
would expect to be able to grant authorisation under the 2005 Regulations.
This advice is given without prejudice to any decision made on elements of the proposal regulated
by us under CAR, which may take into account factors not considered at the planning stage.
2
Hydrogeology
2.1
The consultant has identified the risk of fuel/oil entering the groundwater and has proposed
suitable mitigation measures to ensure the pollution of the water environment does not
occur. Any destabilisation works, excavations, ground disturbance or stripping of vegetation
and or topsoil should also be carried out in such a manner to ensure that pollution of the
water environment does not occur.
2.2
The consultant suggest dewatering using a sump pump may be required in the borrow pits
and during construction of the wind turbine foundations. If groundwater abstraction or
dewatering is required, sensitive receptors should be identified such as springs or wells for
water supply, wetlands, surface water bodies etc. Similarly, the construction of roads and
large concrete foundations can potentially locally impact shallow groundwater flows, which
could, in turn, some impact very sensitive wetlands or springs used for water supply.
Details should be provided of how any dewatering will be managed and the amount of
groundwater proposed to be abstracted. The risk to each identified receptor from the
proposed activities should be assessed and measures that will be taken to minimise any
identified risks to receptors clearly stated. If risks are identified SEPA would expect to see
proposals for any necessary mitigation measures.
2.3
The private supplies at Balgray, Balgrayhill, Balgray Home Farm and North Carrielaw have
been identified as at low risk from the operations however no mitigation measures have
been proposed.
2.4
Abstractions/dewatering are activities covered by the Controlled Activity Regulations. The
developer should ensure that the requirements of these regulations are met and if
necessary discuss these requirements with the SEPA local EPI Team (details below).
Please refer to the guidance document ‘Controlled Activities Regulations: A Practical Guide’
available on the SEPA web site for further information.
http://www.sepa.org.uk/water/water_publications.aspx
3
Food Risk
3.1
We would expect Dumfries & Galloway Council to undertake their responsibilities as the
Flood Prevention Authority. With reference to the Indicative River & Coastal Flood Map
(Scotland) the site is outwith the 200-year flood envelope (i.e. the flood with a 0.5% chance
of occurring in any single year) but has many small watercourses running through it. Areas
adjacent to these watercourses could be at risk of flooding.
3.2
It is acknowledged that a 50m buffer zone around watercourses is recommended and it is
considered that this is likely to place the majority of development, apart from the necessary
water crossings, outwith the functional floodplain of the minor watercourses.
3.3
With regard to any watercourse crossings, culverts and bridges should be sized
appropriately in order to convey the 1 in 200 year flow for that watercourse. Watercourse
crossings will require some form of Controlled Activities Regulation (CAR) authorisation and
it is recommended that our local Environment Protection and Improvement (EPI) team are
contacted for guidance.
3.4
In addition, the Flood Prevention Authority should satisfy themselves that the post
development runoff and management are appropriate for flood control purposes.
This advice is given without prejudice to any decision made on elements of the proposal regulated
by us, which may take into account factors not considered at the planning stage.
Detailed advice for the applicant
4
Flood Risk
4.1
The Indicative River & Coastal Flood Map (Scotland) has been produced following a
consistent, nationally-applied methodology for catchment areas equal to or greater than
3km2 using a Digital Terrain Model (DTM) to define river cross-sections and low-lying
coastal land. The outlines do not account for flooding arising from sources such as surface
water runoff, surcharged culverts or drainage systems. The methodology was not designed
to quantify the impacts of factors such as flood alleviation measures, buildings and
transport infrastructure on flood conveyance & storage. The Indicative River & Coastal
Flood Map (Scotland) is designed to be used as a national strategic assessment of flood
risk to support planning policy in Scotland. For further information please visit
www.sepa.org.uk/flooding/flood_map.aspx.
4.2
Please note that we are reliant on the accuracy and completeness of any information
supplied by the applicant in undertaking our review, and can take no responsibility for
incorrect data or interpretation made by the authors.
4.3
Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as
at the The advice contained in this letter is supplied to you by SEPA in terms of Section 72
(1) of the date hereof. It is intended as advice solely to the Scottish Government as
Planning Authority in terms of the said Section 72 (1).
5
Foul Drainage
5.1
The ES states that the foul drainage will be treated by means of a septic tank discharging to
a soakaway (or alternatively by tankering septic tank effluent off site). The applicant should
ensure that ground conditions are suitable and that there is no risk to groundwater. Surface
water should be excluded from the foul system. Our pollution prevention guideline PPG 4
‘disposal of sewage where no mains drainage is available’ gives further details Under The
Water Environment (Controlled Activities) (Scotland) Regulations 2005 the discharge of
treated sewage effluent, provided the population equivalent is below 15, will require to be
registered with us.
Regulatory advice
6
Regulatory requirements
6.1
The Water Environment (Controlled Activities) (Scotland) Regulations 2005
6.1.1
From 1 April 2006 the above regulations replaced the Control of Pollution Act and
Groundwater Regulations. These regulations not only control discharges to watercourses
and land but also cover abstractions, impoundments and engineering works within and in
the vicinity of inland surface waters. This means that activities such as culverting, ditch
clearing, dredging, bridging and damming all require to be authorised under CAR.
6.1.2
Section 4.2.6 of the ES only refers to SEPA’s first bullet point of Section 12 of Policy 26.
Please refer to our Position Statement on culverting of watercourses (Version 1.2). We
would re-iterate our policy against unnecessary culverting of watercourses. Where it is
considered that a culvert is essential it must be justified then it should be designed and
installed in accordance with the advice contained within CIRIA Report 168 “Culvert Design
Guide for Hydraulic Performance and Environmental/Aesthetic Considerations”. It should
be noted that the construction of culverts will require authorisation under CAR. The Water
Framework Directive (WFD) requires consideration of any aspect of river habitats, channel
structure and flow regimes that impact upon the biology of the water environment.
6.1.3
The publication ‘The Water Environment (Controlled Activities) (Scotland) Regulations
2005: A Practical Guide’ provides very useful advice on CAR and it is recommended that all
applicants consult this document which is available both from the website
(www.sepa.org.uk/wfd/index.htm) and from local SEPA offices.
7
Watercourse Crossings
7.1
The construction of the windfarm and it’s access routes to turbines and borrow pits etc
involves 8 crossing points on several separate watercourses and the upgrade of 3 existing
culverts which will require authorisation under CAR. CAR allows a variety of different
authorisable activities at the one site to be covered by a single licence. The applicant must
contact the local SEPA office at the earliest opportunity for pre-application discussions
(details below).
8
The Water Environment (Oil Storage) (Scotland) Regulations 2006
8.1
The Regulations apply to any kind of container which is being used and which is stored on
premises above ground, whether inside or outside a building. These include fixed tanks,
intermediate bulk containers, drums (oil drums or similar containers used for storing oil) or
mobile bowsers. The range of premises covered by the Regulations is wide including land
and mobile plant but does not include storage of oil in vehicles or vessels.
8.2
It is not necessary for storage facilities to be registered with SEPA however applicants
should ensure compliance with the Regulations. Full details of the requirements can be
found from SEPA’s website at: www.sepa.org.uk/regulation/oilstorage2006/index.htm.
9
The Pollution Prevention and Control (Scotland) Regulations 2000 (PPC)
9.1
The above regulations are concerned with prevention or minimisation of emissions to air,
water and soil, as well as waste, from industrial and agricultural installations.
9.2
The applicant should note that the crushing of rock or grading or screening of rock or any
road stone coating process, except where they are unlikely to result in the release into the
air of particulate matter, are Part B prescribed processes under Section 3.5 of The Pollution
Prevention and Control (Scotland) Regulations 2000 (PPC).
9.3
The applicant should ensure that any mobile plant to screen or crush material from the
borrow pits has appropriate authorisation in terms of the Pollution Prevention and Control
(Scotland) Regulations 2000 (as amended).
9.4
The applicant should also ensure the material from the borrow pits is suitable for the
roadway construction and will not break up when subjected to construction traffic. This
could present a significant pollution risk, especially during periods of wet weather and
would be difficult to resolve.
10
Waste Management Licensing (Scotland) Regulations 1994
10.1
We encourage waste minimisation whenever possible. Further details can be found on our
website.
10.2
We similarly encourage the recovery and reuse of controlled waste, such as soils from
other sites provided that it is in accordance with the Waste Management Licensing
Regulations 1994. Any proposals for reuse or recycling of materials, such as soils from
other sites, may require to be registered with us under a Waste Management Exemption.
There are specific criteria which if met will constitute an exemption from licensing under
these Regulations (namely Paragraph 35 of Schedule 3 to the Regulations). These
exemptions are required to be registered by SEPA and the details must be forwarded to the
relevant SEPA office.
10.2
Details of regulatory requirements and good practice advice for the applicant can be found
on our website at www.sepa.org.uk/planning. If you are unable to find the advice you need
for a specific regulatory matter, please contact a member of the Environmental Protection
and Improvement Team in the local SEPA office at:
Rivers House,
Irongray Road
DUMFRIES
DG2 0JE
Tel: 01387 720502
If you have any queries relating to this letter, please contact me by telephone on 01355 574287 or
e-mail at planning.ek@sepa.org.uk.
Yours faithfully
Lynne Anderson
Senior Planning Officer
Planning Service