Our ref:
Your ref:
Loraine Brown
The Scottish Government
Energy Directorate
5 Atlantic Quay
150 Broomielaw
Glasgow
G2 8LU
By email only to: econsentsadmin@scotland.gsi.gov.uk
PCS/111510
n/a
If telephoning ask for:
Fraser Blackwood
16 February 2011
Dear Ms Brown
Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment)
Regulations 1999
Regulation 14 – Application for proposed pipeline between East Fortune and
Cockenzie Power Station.
Thank you for your consultation letter of 14 January 2011. We note the Environmental Statement
carried out by GVA Grimley and dated December 2010 which has been submitted in support of the
application.
We ask that the planning condition in Section 1 be attached to the consent. If this is not applied,
then please consider this representation as an objection. Please also note the advice provided
below.
Advice for the planning authority
1.
Environmental management
1.1
We welcome the general mitigation principles and pollution prevention measures set out in
Chapter 16 of the ES and the commitment to produce a Construction Environmental
Management Plan (CEMP). Many of the works associated with the proposal will not be
regulated by us and as such should be covered by condition.
1.2
We would therefore request that a condition is attached to the consent requiring the
submission of a full site specific environmental management plan (EMP). If this is not
attached, then please consider this representation as an objection. To assist, the following
wording is suggested:
2.

At least two (2) months prior to the commencement of any works, a full site specific
environmental management plan (EMP) must be submitted for the written approval of the
planning authority, in consultation with SEPA, and all work shall be carried out in
accordance with the approved plan.

Reason: to control pollution of air, land and water.
Flood risk
2.1
We have no objection to the proposed development on flood risk grounds. However, we
would strongly recommend that appropriate mitigation measures are put in place to ensure
that there is no loss of floodplain storage volume or reduction in conveyance capacity as a
result of the development.
2.2
We would therefore strongly advise that flood risk impacts should be added to the ‘Potential
Effects’ in Table 16.1 of the ES and appropriate mitigation measures be outlined within the
finalised EMP. Further advice and recommendations are outlined in Appendix 1. In
summary however, mitigation measures should include:

Restoring floodplains to existing levels and channels to existing conveyance
capacities.

Restoring drainage ditches and field drains.

Mitigating the risk of creating new preferential pathways for intercepted
groundwater.
2.3
Notwithstanding this, we would expect East Lothian Council to undertake their
responsibilities as the Flood Prevention Authority.
2.4
As we understand, a detailed assessment of groundwater is still to be undertaken and
SEPA would welcome the opportunity to provide additional comment when the results of
this assessment become available.
3.
Groundwater
3.1
We note from Section 11.5.1.1 of the ES that in terms of groundwater abstractions, a
‘permit to pump’ system will be operated on site. We would generally have no objection to
dewatering an excavation at a construction site, provided the proposed works are in
compliance with General Binding Rules (GBRs) 2 and 15 of the The Water Environment
(Controlled Activities) (Scotland) Regulations (CAR) 2005. Any abstraction of groundwater
in greater quantities or for longer durations than those outlined under GBRs 2 and 15 will
require a registration or licence.
3.2
Section 11.3.2 of the ES states that Ordnance Survey 1:25000 topographic mapping has
identified six wells and two springs located within the pipeline corridor. If dewatering works
are required, we would recommend that SEPA and the Local Authority are consulted to
determine if any existing licensed abstractions or private water supplies lie along the route
of the pipeline. It should be noted that GBR 15 prohibits abstractions from any wells,
boreholes or excavations within 250m of existing abstractions.
3.3
To date, we have received no application for abstraction authorisation under CAR. Based
on the information provided at this stage, we are satisfied in principle that any required
abstraction works are capable of authorisation under CAR.
3.4
It is proposed that exposed ground and soil stockpiles will be managed to minimise their
erosion and the generation of silt laden run-off. Fuel/oil spillages have also been noted as a
potential source of contamination and the mitigation methods proposed are considered
acceptable.
4.
Watercourse engineering works
4.1
We note that the preferred method for pipeline crossings over watercourses appears to be
the isolated open cut method. Such works will require authorisation from us under the
Water Environment (Controlled Activities) (Scotland) Regulations 2005 (as amended)
(CAR).
4.2
To date, we have received no application for authorisation for engineering works under
CAR. However, we are satisfied that in principle, the proposed works are capable of
authorisation.
4.3
Pipeline crossings that bore beneath the bed will need to adhere to GBR 7 of the CAR
Regulations and any minor or temporary bridge construction should adhere to GBR 6 and
the additional rules for GBR 6 if temporary crossings are constructed.
5.
Ecology
5.1
Section 9.7.1.3.2 of the ES states that “it is considered that the emergent vegetation will not
require reseeding”. However, there is no mention of bank side vegetation. Depending on
the length of bank affected by the crossings, there could be problems with erosion and we
would therefore recommend that green bank protection should also be considered.
5.2
Section 5.2.1 of the Phase 2 Habitat Survey recommends that the area be surveyed for
white-clawed crayfish. We would advise that this species is not native to Scotland and is
unlikely to be present in East Lothian.
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
6.
Environmental management
6.1
Please note that we have requested that a planning condition is attached to any consent
requiring the submission of an environmental management plan (EMP) to be submitted at
least two months prior to the proposed commencement of development. The EMP should
incorporate detailed pollution prevention and mitigation measures for all construction
elements potentially capable of giving rise to pollution during all phases of construction,
reinstatement after construction and final site decommissioning.
6.2
In addition and as detailed above, we would strongly advise that flood risk impacts should
also be added to the ‘Assessment of Potential Effects and Proposed Mitigation Measures’
(Table 16.1) and appropriate mitigation measures should be outlined within the finalised
EMP.
6.3
Full details of what should be included in the EMP can be found on our website.
7.
Pollution prevention
7.1
We are pleased to note form the ES that all relevant Pollution Prevention Guidelines
(PPGs) will be followed. In addition to this, the applicant should also note SEPA’s
Supporting Guidance WAT-SG-25 Good Practice Guide - River Crossings and WAT-SG-29
Good Practice Guide - Construction Methods should also be taken into account.
8.
Content of flood risk information
8.1
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.
8.2
The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of
the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA
as at the date hereof. It is intended as advice solely to East Lothian Council as Planning
Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk
Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the
transitional changes to the basis of our advice inline with the phases of this legislation and
can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx.
Regulatory advice
9.
Regulatory requirements
9.1
Details of regulatory requirements and good practice advice for the applicant can be found
on our website at www.sepa.org.uk/planning.aspx. If you are unable to find the advice you
need for a specific regulatory matter, please contact a member of the regulatory team in
your local SEPA office at:
Edinburgh Office
Clearwater House
Avenue North
Heriot Watt Research Park
Edinburgh
EH14 4AP
Tel - 0131 449 7296
If you have any queries relating to this letter, please contact me by telephone on 01355 574 356 or
e-mail at planning.riccarton@sepa.org.uk.
Yours sincerely
Fraser Blackwood
Planning officer
Planning Service
Copy to:
GVA Grimley LTd
Quayside House
127 Fountainbridge
Edinburgh
EH3 9QG
Ecopy:
Lorraine Brown
Scottish Government Energy Consents Unit
Lorraine.brown2@scotland.gsi.gov.uk
Appendix 1 – Detailed flood risk comment
We note that a pipeline corridor of approximately 1 km wide has been identified and the ES states
that the pipeline route will cross drainage ditches, field drains and a total of thirteen watercourses
including the Canty Burn, Seton Burn and the Cotty Burn. These have been identified by a site
walkover and by Ordnance Survey 1:25,000 topographic mapping.
The ES highlights (section 11.4.2.1) that several of the watercourses in the vicinity of the pipeline
route are specified by the Indicative River and Coastal Flood Map (Scotland) as being at risk of
flooding. It should be noted that 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. Many of the watercourses on the pipeline route therefore may not be included on the
map because they are draining upstream areas of less than 3km2. In addition, we would advise
that the outlines do not account for flooding arising from sources such as surface water runoff,
surcharged culverts or drainage systems.
Groundwater impact
It should be noted that within the vicinity of the former Blindwells open cast mine, there are existing
issues with high groundwater levels which may be linked to localised flooding. Groundwater
pumped from the Blindwells site is currently discharged to the Seton Burn and the pumping regime
to lower groundwater levels is currently under review.
The ES highlights that there is the potential for the pipeline trench to create a preferential pathway
for groundwater within this area. It is understood that a detailed assessment has not yet been
undertaken therefore the risk is currently unknown. However, this is an important consideration
and if groundwater from this area is intercepted, then it has the potential to issue at points along
the route of the pipeline and result in localised flooding. This should therefore be appropriately
mitigated. SEPA would welcome the opportunity to provide additional comment when the results
from the detailed assessment become available.
Re-instatement of drainage ditches
We also understand that drainage ditches may be temporarily re-routed while works are carried
out, but these measures should be short term. We are pleased to note that full restoration of field
drainage is standard practice and drainage systems will normally be reinstated within the pipeline
construction season. In addition, where appropriate, replacement with a cut-off header drain will
precede pipeline construction.
It should be noted that hydrostatic testing of the pipeline will involve filling the pipeline with water
which would normally be discharged to a local watercourse. There are existing flooding issues with
some of these watercourses therefore SEPA would strongly recommend that there should be no
discharges to watercourses in the area while water levels in streams are already high due to heavy
rainfall.
Flood plain and channel restoration
Section 11.4.2.1 of the ES states that ground levels will be re-instated to pre-construction
conditions for the burn near to Seton Dean and St. Germains Farm. Based on the information
provided, we would strongly recommend that ground levels and channel configuration at crossing
points on all watercourses and ditches are restored to existing levels and size after the completion
of works. This is in order to ensure that there is no loss of floodplain storage volumes or reduction
in conveyance capacity.