Mr Mathew Ross
Director, Ports Europe
Halcrow Group Limited
City Park
368 Alexandra Parade
Glasgow
G31 3AU
Ecopy: rossm@halcrow.com
12 July 2012
Dear Mr Ross
SCOPING OPINION UNDER PART 3, REGULATION 13 OF THE MARINE WORKS
(ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2007 (AS AMENDED)
CROMARTY FIRTH PORT AUTHORITY: LAND AND BERTH DEVELOPMENT, INVERGORDON
SERVICE BASE
Thank you for your letter dated 26 April 2012 and accompanying Environmental Impact Assessment
(EIA) Scoping Report (23 April 2012) requesting a Scoping Opinion in accordance with The Marine
Works (EIA) Regulations 2007 (as amended). These regulations transpose the provisions of the EIA
Directive (97/11/EC) into UK law.
The proposed development falls within Schedule 2 of the Marine Works (Environmental Impact
Assessment) (Scotland) Regulations 2007 and subsequent amendment regulations in 2011. Given
the scale of the works, proximity to a sensitive area and potential to have a significant impact on the
environment, Marine Scotland determined on 20 December 2011 that an Environmental Impact
Assessment (EIA) is required for the works.
Background
One objective of the EIA scoping process is to seek agreement from all the key stakeholders on the
assessment methodologies. This includes the scope of issues to be addressed and the method of
assessment to be used. The scoping exercise also allows consultees to have early input into the EIA
process, to specify what may be required to be addressed and to supply information that could be
pertinent to the EIA process. In association with any comments herein, full regard has been paid to
the information submitted in the EIA Scoping Report (23 April 2012) by Halcrow.
Project Description
The aim of the project is to construct an additional deepwater berth and lay-down area to
accommodate the growing requirements of the renewable energy sector at the base, whilst
maintaining service to existing clients such as the oil and gas sector and subsea sectors. The
development is intended to accommodate vessels of up to 120m length and 8m draft, with the
potential of future dredging to accommodate deeper drafted vessels of 11m draft should this be
required. This work will form the third phase of development in the area, with the first phase, now
completed, comprising of paving the existing West finger with concrete blocks; and the second
phase, to be completed during 2012, comprising of reclamation and infilling of an area of land to the
North of the current service base.
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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The proposal is to widen the existing West finger of the Queen’s Dock to provide an overall width of
100 meters and to reclaim an area of 2.83 hectares at the North Western side of the quay to be used
as the lay-down area. A 100m long berth structure is proposed for the South end of the finger with an
initial working depth of 9m below chart datum. The berth is to be designed to be capable of
accommodating future dredging to 12m below chart datum, thus providing a measure of future
proofing. Mooring “dolphins” will be provided to each end of the berth. The quay structure will be
capable of supporting loading of up to 100kN/m². The design loading of 100kN/m² effectively means
that the new quay can accommodate crane loads associated with the load out of rigs and offshore
renewables structures. The berthing structure design will be dependant on ground investigation
results, however it is anticipated to be an open piled structure with tubular steel piles (installed by
either hydraulic hammer or vibratory pile driven technique) driven to 40m to 50m into the sea bed.
In order to allow for future dredging and construction of the anticipated rock armoured revetment
below the deck structure a temporary pocket will need to be dredged local to the quay structure. In
order to accommodate vessels longer than the 100 metres of berthing face provided, a mooring
“dolphin” will be provided to each end of the berthing structure. The new mooring “dolphin” to the east
of the new berthing structure will require to be capable of resisting forces of up to 250 tonnes from oil
rigs using the Queen’s Dock as well as 70 tonne mooring forces from vessels using the proposed
new berth. It is anticipated that the mooring “dolphins” will also be supported on tubular piles driven
some depth into the sea bed; 50 tonne bollards would be provided along the front face of the berth.
The reclaimed land area will be block paved to take loads of 70kN/m² and provided with drainage, an
oil interceptor and appropriate outfall. Services are to include general high level berth lighting and
water supply. No buildings are planned for this area, which will be used as a lay-down or storage
area only. Rock armour protection is required to all slopes exposed to wave action. Appropriate
settlement techniques will be utilised to ensure the stability of the reclaimed land prior to block paving
being laid.
During construction, dredging will be required in connection with forming the rock armoured slope
below the proposed deck. This is firstly required to form a stable slope which can be armoured with
rock. Secondly, the dredging is required to form a temporary pocket to allow the slope to be formed
to the full proposed future dredge depth, as it would not be practical to extend this slope under the
deck at a later date should future dredging be required. It is anticipated the dredging will extend
behind the face of the proposed deck by some 25m-30m and approximately 5m in front of it, to allow
formation of the rock armoured slope, plus a side slope to the dredge pocket assumed to extend out
a further 10m in plan. This gives a total width of approximately 40m to 45m. The length of the
dredged pocket will be approximately 80m plus a side slope at the east end giving a total plan length
of approximately 90m. The plan area is therefore approximately 90m x 45m giving an area of
4050m². Based on this and the current bathymetric survey, the estimated dredge volume will be
approximately 7,500m³. Based on historic boreholes close to the site it is anticipated the dredge
material will vary from loose silty sands on the surface to silty clays at depth, however this will be
confirmed by a site specific ground investigation. Given the potential silt or clay content of the dredge
material it is unlikely to be suitable for incorporation into the reclamation works. On this basis it is
anticipated that material will be disposed of at the disposal site known as Souters, at the eastern end
of the Firth. Notwithstanding this, should the ground investigation works demonstrate the material is
suitable for use in the reclamation then this would be considered.
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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General Comments
Halcrow has presented an EIA Scoping Report which details the data sources and techniques used,
or those to be used, in describing the marine environmental baseline and potential impacts on human
beings, flora and fauna, landscape, geology, water, air and any interactions between the above,
which will be identified within the Environmental Statement (ES). The potential environmental issues
associated with the development are split between impacts during the construction phase, and
ongoing impacts during the operational phase of the new berth. The ES will include sections on:
Noise and Vibration, Ecology and Nature Conservation, Archaeology and Cultural Heritage,
Landscape and Visual, Coastal Processes, Ground Conditions & Contamination, Water Quality,
Local Community and Economy, Traffic, and Access and Air Quality. As the remit of the Marine
Scotland Licensing Operations Team (MS-LOT) is related to the marine environment, comments are
restricted to sections of the Scoping Report that are relevant to this area, and are as follows:
Pollution Prevention and Environmental Management
We welcome the proposal to develop and follow a Construction Environmental Management Plan
(CEMP). A draft Schedule of Mitigation should be produced as part of this process to cover
environmental sensitivities, pollution prevention, and mitigation measures identified to avoid or
minimise adverse effects on the environment and to include mitigation against the introduction of
Marine Non-Native Species (MNNS). More information can be found regarding Pollution Prevention
and Environmental Management on the Scottish Environmental Protection Agency (SEPA) website.
A CEMP is a key management tool to implement the Schedule of Mitigation. The ES should outline
how the draft Schedule of Mitigation will be implemented. This should form the basis of more detailed
site-specific CEMP along with detailed method statements. This approach provides a useful link
between the principles of development which need to be outlined at the early stages of the project
and the method statements which are usually produced following award of contract and just before
development commences.
Best practice advice developed by The Highland Council in conjunction with the construction industry
and other key agencies on the Construction Environmental Management Process is available in the
guidance note Construction Environmental Management Process for Large Scale Projects.
Designated Sites
The ES should assess the impact of the proposal on the integrity of the designated sites below:
1. Cromarty Firth Site of Special Scientific Interest (SSSI), Special Protection Area (SPA) and
Ramsar site: http://gateway.snh.gov.uk/sitelink/index.jsp
1.1 Birds
The qualifying and notified features include, but are not restricted to, non-breeding birds and littoral
sediment. The infilling of SPA habitat will result in permanent loss of areas used by birds which form
the qualifying interest of the SPA. The ES should examine the relative importance of the proposed
reclamation area for the qualifying bird species by scrutinising bird data for that part of the site in
comparison to the site as a whole, including WeBS low tide data and bird density maps from the
British Trust for Ornithology. Please note that the WeBS data provided in the Scoping Report is for
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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the Invergordon to Barbaraville count section that lies to the east of Invergordon Harbour. The
section containing the area to be reclaimed is Dalmore Bay.
The report commissioned by Scottish Natural Heritage (SNH), Commissioned Report No.252 Moray
Firth Wildfowl & Wader Roosts, should be considered in relation to recorded roost sites in and near
by the development area: http://www.snh.org.uk/pdfs/publications/commissioned_reports/252.pdf.
Several roosts are identified within the wider Dalmore Bay area with the closest being approx 850m
West of the proposed reclamation. The ES should assess any impacts on this, and other roosts, from
the construction and operational phases of the work. The Highland Ringing Group (HRG) undertakes
counts prior to canon netting wader roosts. We therefore recommend that the applicant approaches
the HRG for data to inform the relative importance of this area for the qualifying bird species.
Common terns, a European interest, nest on the existing Queens Dock rock armouring. The ES
should assess the impact of the potential loss of this nesting colony on the integrity of the SPA and
Ramsar site. The provision of alternative nesting sites close by should be considered as a mitigation
measure. Most species will roost comparatively close to sources of human disturbance if there is
water between them and the disturbance source. The creation of a rock armour island just off shore
of the proposal could provide an ideal wader roost and tern nesting site.
In summary, the ES should contain relevant information on the diurnal, tidal and seasonal pattern of
bird use of the area proposed for reclamation; the numbers of birds using the closest roost sites; an
assessment of the number of birds likely to be permanently displaced by the proposal; and an
assessment of the importance of the site in relation to bird survival. It is noted that the timing of
works may be scheduled to avoid works during the months of May to September inclusive with
regard to sensitive months for dolphin calving. An explicit rationale for timing should be included in
the ES and consideration also be given to the months for maximum numbers of non-breeding birds.
1.1.1 Creation of roost sites and nesting areas
The proposal offers potential for creating safe roost sites and nesting areas. Most species will roost
comparatively close to sources of human disturbance if there is water between them and the
disturbance source. The creation of a rock armour island just off shore of the proposal could provide
an ideal wader roost and tern nesting site. The ES should consider options to mitigate and
potentially enhance bird use of areas in the proximity of the development proposal.
1.2 Coastal geomorphology
We recommend that the ES includes a subsurface sediment size distribution investigation to
determine whether the area is composed primarily of coarse sands or whether finer materials are
also present. Following the investigation it should be possible to substantiate the assertion in section
3.7.2 of the Scoping Report that provided the infill material is granular there will be no sediment
cloud.
We concur with the statement in section 3.7.3 of the report that the currents (and therefore
sedimentation rate and need for maintenance dredging) are not likely to be altered largely by
the proposals.
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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The proposal will result in direct habitat loss within the footprint and there will also be modest
changes to sediment composition to the adjacent intertidal areas. The Scoping Report
suggests that such changes are likely to be minimal. The ES should further substantiate these
statements. The subsurface sediment size distribution investigation mentioned above would help in
this regard.
1.3 Water Framework Directive (WFD)
Marine and transitional SPAs are Water Framework Directive (WFD) Protected Areas. Therefore,
their objectives are also River Basin Management Plan objectives. Please note that although the
Inner and Outer Cromarty Firth water bodies are at high status for hydromorphology, morphological
pressures exist in the form of historical development, for example land claim at Nigg Fabrication
Yard, and current activities, for example dredging and sea disposal.
The Inner and Outer Cromarty Firth water bodies are at good status for alien species. Given that the
accidental introduction of Marine Non-Native Species (MNNS) has been highlighted as a risk for
water body degradation, SEPA recommend that controls should be included in development planning
and marine licensing for MNNS in line with Water Framework Directive and Marine Strategy
Framework Directive objectives and EU Biodiversity Strategy targets. Measures to minimise the
introduction of MNNS during the construction and operational phases of the project should be
included in the ES and CEMP. Guidance on minimising the introduction of MNNS includes:

The alien invasive species and the oil and gas industry guidance produced by the Oil & Gas
industry (www.ogp.org.uk/pubs/436.pdf)

SNH web-based advice on Marine non-native species (www.snh.gov.uk/land-andsea/managing-coasts-and-sea/marine-nonnatives/

Marine non-native guidance from the GreenBlue (recreation advice)
(www.thegreenblue.org.uk/clubs_and_training_centres/antifoul_and_invasive_species/best_p
ractice_invasive_species.aspx)
2. Moray Firth Special Area of Conservation (SAC): http://gateway.snh.gov.uk/sitelink/index.jsp.
2.1 Underwater noise
The underwater noise assessment should include the timing, duration, size and type of pile, an
indication of the split between vibro and impact piling, and predicted noise levels at the mouth of the
site known as Sutors and the seal haul off site near the A9 Bridge. Vibro piling will significantly
reduce the noise profile associated with the works.
Please note that Marine Mammal Observers (MMOs) should maintain a watch for all marine
mammals, not only bottlenose dolphins (page 17 of the Scoping Report). The Scoping Report refers
to the bottlenose dolphin calving season (May to September). Whilst we recognise that most
sightings occur during these months, it is not possible to say that this period is the main calving
season. The dolphins occur year round at the entrance to the Cromarty Firth and this area is
important for a wide range of important behaviours, for example feeding and socialising, in addition to
breeding and rearing young.
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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The Scoping Report refers to the use of Acoustic Deterrent Devices (ADDs). We would caution
against the use of ADDs as a mitigation tool in this case as they could exclude the dolphins from
accessing critical habitats. The use of bubble curtains are likely to be an effective form of mitigation
in this area and for this type of development. We recommend that other noise dampening techniques
should also be investigated as part of the ES, for example the use of coffer dams.
2.2 Vessel movements
Details about the likely number, type and seasonality of boat traffic associated with the new
development should be included in the ES. If additional vessel movements are likely to be significant,
i.e. over 100 additional movements per year, then modelling should be carried out regarding
implications for bottlenose dolphins. Work that SNH recently commissioned from the University of
Aberdeen on boat traffic in the Moray Firth is pertinent and SNH would be pleased to make this
available to the applicant on request.
2.3 Dredging and disposal
The ES should include a plan showing the dredging footprint, quantity of material to be removed,
duration, timing and seasonality of the works, a description of the substrate type, the dredging
methods to be employed, and details of proposed disposal methods. As far as possible, vessel
movements associated with dredging and disposal operations for the construction and operational
stages should be quantified. Contamination of the dredged material, particularly from capital
dredging, should be quantified. A marine licence application to dispose of dredged material at sea
must be accompanied by a Best Practicable Environmental Option (BPEO) assessment. We
specifically ask that the ES and CEMP provide details of mitigation measures to be taken to minimise
re-suspension of sediment plumes during the dredging and disposal activities and that the impact on
coastal processes be fully assessed, including any predicted impact on the sub-tidal sandbank
interest in relation to the disposal of dredged material. If material is to be disposed of at the Souters
disposal site, then the ES should stipulate how disturbance or injury to the dolphins will be avoided.
The applicant is advised to contact the University of Aberdeen regarding acoustic observation work in
the area.
2.4 Cumulative effects
The cumulative effect of the proposal in combination with other activities occurring in the Firth should
be considered, including the timing of each element of the works, for example piling, dredging and
installation of rock armour.
3. Dornoch Firth and Morrich More Special Area of Conservation (SAC)
http://gateway.snh.gov.uk/sitelink/index.jsp.
3.1 Common Seals
The Dornoch Firth and Morrich More SAC is less than 50 kilometres from the development and there
is therefore a link between the seals of that SAC and the seals that haul out in the Cromarty Firth. We
therefore recommend that the Dornoch Firth and Morrich More SAC is scoped in to the ES and
included in Table 3.4.1 of the Scoping Report. The ES should also consider the potential for seal
mortality arising from vessels using ducted propellers.
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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4. European Protected Species (EPS)
Disturbance to EPS requires an EPS licence from Marine Scotland. The ES should include an otter
survey of the proposed area and 250m to the west beyond the development footprint.
Diadromous Fish
The Cromarty Firth and associated rivers are important areas for diadromous fish of freshwater,
marine fisheries, and conservation interest, including Atlantic salmon, anadromous brown trout, sea
trout, eel, sea lamprey and river lamprey, which will migrate from the rivers into or through the Firth,
and from the Firth into the rivers. Specific attention in the ES should be given to the potential direct
and indirect impact of the proposals on these species, particularly those in the rivers Conon and
Alness which have significant ecological and economic importance, and on any associated fisheries.
The main rivers entering the Cromarty Firth are the Balnagown, Alness, Glass, Peffery, and Conon.
All have runs of salmon and sea trout and several support important rod fisheries. There may also be
salmon or sea trout fisheries to consider in the Firth. The young fish emigrating to sea and the
returning adults must pass through the Firth. Many sea trout will also spend long periods within the
Firth feeding and ongrowing and some returning adult salmon will also spend periods within the Firth.
All the rivers entering the Firth also have eel populations which are of conservation interest and adult
eels will emigrate from the rivers through the Firth to the spawning grounds in the west Atlantic
Ocean. Young eels from the spawning grounds will migrate through the Firth to the rivers. Some of
the rivers may also have populations of sea or river lamprey which are of conservation interest.
Although none of the rivers entering the Firth or the Firth itself are designated nature conservation
sites for any diadromous fish species, some rivers to the North and South of the Firth are European
SACs for salmon and information will be required to assess whether the proposals are likely to have
a significant impact on salmon. Consideration should also be given to rivers further afield. If there is
the potential for a significant effect, then sufficient information will be required to allow an Appropriate
Assessment to be carried out.
To assess the potential impacts of the development on diadromous fish, the developer should include
consideration of the following in the ES:
1. Use of the proposed development area by diadromous fish:
 Which species use the area? Is this for feeding or migration?
 At what times of year is the area used?
 In the case of salmon and sea trout, what is the origin/ destination of fish using the area?
2. Likely behaviour of diadromous fish in the area:
 What swimming depths do the fish utilise?
 Is there a tendency to swim on or offshore?
If good quality local data and other information is not available, these should ideally be obtained. If
this is not possible, the reason should be given and appropriate expert judgment should be applied
based on published and other information.
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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3. Potential impacts on diadromous fish during construction and from the completed structure,
including physical disturbance, direct injury, underwater noise, increased turbidity and the presence
of structures resulting in avoidance, displacement or barrier effects, and injury or mortality.
4. Potential for impacts on diadromous fish fisheries during construction and from the completed
development.
5. Potential for cumulative impacts with other work also taking place in the Firth or wider afield.
6. Mitigation measures should be put in place to minimise the impact from:




The disturbance of outward migrating salmon and sea trout smolts and of returning adults
during piling and dredging operations;
Siltation from dredging operations;
The introduction of Invasive MNNS; and
Pollution during works.
The most effective mitigation would be to time the highest risk operations so as to avoid the peaks of
salmonid passage through the Cromarty Firth. The peak of the smolt run is May and June and the
peak of adult salmon return is between July and September.
7. Need for monitoring during and post construction and put forward as necessary a scientifically
robust monitoring strategy to assess any impacts including on diadromous fish and on diadromous
fish fisheries including on particular rivers.
Sources of background and other information include Cromarty District Salmon Fishery Board,
Cromarty Fishery Trust and Marine Scotland Science Freshwater Laboratory, which has carried out
some tracking work on salmon in the Firth.
Marine Scotland Science recently completed a review of migratory routes and behaviour for Atlantic
salmon, sea trout and eels relevant to Scotland:
http://www.scotland.gov.uk/Resource/Doc/295194/0111162.pdf.
SNH recently commissioned a review of the potential impacts of EMF and noise on migratory fish:
www.snh.org.uk/pdfs/publications/commissioned_reports/401.pdf. The noise element may be
relevant to this project.
These reports will assist the developers in identifying the available pre-existing information and what
supplementary site specific data may be required.
Land reclamation
We note the proposed method of construction whereby an initial bund is built and material backfilled,
and the ES should include details of the method. From a pollution prevention perspective SEPA
welcome this methodology which should assist to reduce potential effects on the marine
environment.
If the material used for construction is clean and produced for this purpose then it will not be
considered as waste and its use on land will not need any type of waste management licence or
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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exemption from SEPA. The ES should therefore include information on the materials that will be used
and their source.
Surface water drainage from the new structure
We note that drainage from the new area will be treated by way of heavy duty block paving and
"appropriate surface water drainage with interceptor and outfall provision." These proposals are
generally acceptable to SEPA but clear plans of the drainage proposals and treatment should be
included in the ES.
The new drainage arrangement may facilitate the opportunity for drainage improvements to existing
adjacent built areas. The ES should include consideration of whether other local improvements could
be made as part of these new works.
Flood risk
We note that the berth level is to be set at 3.8 m AOD. SEPA have confirmed that this is above the 1
in 1000 year, based on the superseded POL 112 method and the Coastal Flood Boundary Method.
SEPA have confirmed that no other flood risk information is required to support the application.
Local Community and Economy
There are six aquaculture sites within the vicinity of the proposed development at the Invergordon
service base (Appendix 1).
In Cromarty Bay, there are three active shellfish production sites, situated between 4.7km and 5.5km
East of the proposed development. Two of these sites are pacific oyster sites (operated by
MacKenzie Oysters and Black Isle Seafood Ltd.) and the other is a common mussel site (operated by
Cromarty Mussels). There is also another active common mussel production site situated 53km
North of the development in the Dornoch Firth (operated by Highland Fresh Mussels Ltd.).
There are also two inactive finfish sites within the area, situated 4.8km East is a rainbow trout and
Atlantic salmon site and 11km East is an Atlantic salmon site. Both are owned by Northern Isles
Salmon and have been inactive since 2003.
Navigation
With regard to the safety of navigation, all vessels involved in dredging operations throughout the
construction period should be lit and marked in accordance with the International Rules for the
Prevention of Collisions at Sea. All traffic movements should be closely monitored by the Cromarty
Firth Port Authority control room, with the issue of a Notice to Mariners in advance of the proposed
construction works and/or the issue of Radio Navigation Warnings as deemed appropriate throughout
the duration of the works. Consideration should also be given to the re-positioning of the existing
navigation light on the Queens Dock W Arm (A3499.5) and/or the provision of additional navigational
lighting and marking of the two new “dolphins” to be positioned to the West and East of the new
berthing structure. Cromarty Firth Port Authority should liaise direct with the Northern Lighthouse
Board to seek the Statutory Sanction of the Commissioners of Northern Lighthouses to alter and/or
exhibit any new navigation lights for this development. On completion of works, the UK Hydrographic
Office should be notified of the revised geographical layout of the Queens Dock including revised
water depths and full details of any navigational lights/marks in order that BA Charts 1889 & 1890
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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can be revised accordingly. Apart from Cromarty itself, the Cromarty Firth is little used by
recreational craft and so the impact on them can be scoped out of the ES.
Thank you for consulting with us on this matter and if you require any further assistance or advice on
Marine Licence matters please contact the Licensing Operations Team at
MS.MarineLicensing@scotland.gsi.gov.uk.
Yours sincerely
Catherine Green
Marine Licensing Casework Officer
Marine Scotland – Licensing Operations Team
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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Appendix 1
Marine Laboratory, PO Box 101, 375 Victoria Road,
Aberdeen AB11 9DB
www.scotland.gov.uk/marinescotland
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