This is an HTML version of an attachment to the Freedom of Information request 'SEPA response to planning application, Western Isles.'.

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Note: The remaining portions of this template are being completed and assessed under the terms of the Environmental Impact Assessment (Scotland) Regulations 1999 and any amendments.

Note: The developer initiates the completion of this part of the template, by:

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Screening & Scoping Checklist

For each of the numbered potential impacts in the left hand column, consideration should be given to the following points:

  1. Will the impact have an effect on any of the receptors identified in Sections 1.3.2. Explain.

  2. Is the impact covered by other regulation? State your reasons for wishing to discuss it further in this document.

  3. Is there potential for cumulative or indirect impact on an identified receptor. Explain.

  4. SCREENING ADVICE. Is the impact on receptor(s) likely to have a significant effect. Explain.

  5. SCOPING ADVICE. If so, what details of additional information required and methodology

Provide concise information, and refer it specifically to elements A to E where appropriate. Only complete boxes if you feel it is absolutely necessary - the emphasis on this EIA Screening & Scoping exercise is to identify the key impact/receptor interaction(s) that are: potentially highly significant; not completely reassured by another regulatory regime; and requiring further consideration in an Environmental Statement. See Annex G in the Practical Guidelines.

Where this Template is being used primarily for SCOPING, all parties should avoid any unnecessary screening comments in the form below, but should focus on the key issues that have been identified as requiring Scoping advice for the preparation of an Environmental Statement.

NOTE: Statutory consultee exchanges and collaboration

One of the major advantages of a future on-line EIA screening & scoping template will be the ability of each statutory consultee to see what other consultees are saying about specific issues where there might be an overlap of interest - at the click of a button.

In this email/post test version of the templates, there is no automatic or easy provision for this. Nevertheless it is considered essential that consultees do engage in dialogue during the 6 week period. Telephone or email exchanges are to be encouraged, and it is entirely feasible for consultees to copy/paste the relevant sections of this template, providing smaller files that can be readily shared by email.

IMPACT TYPE

INSERT YOUR COMMENTS IN THE APPROPRIATE ROW

1. Benthic Impacts

DEVELOPER

The benthic impacts associated with the proposed new development at Groay-Lingay have been shown to comply with statutory EQS, though a modelling process. The proposed biomass, feed-inputs and medicines as detailed in Appendix 3, 4 & 5, indicate that it is unlikely that unacceptable degradation of the benthic environment will occur.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

Marine Ecology

The visual survey carried out by the applicant showed a typical clean, sandy seabed. The benthic survey found faunal communities with good species richness and diversity scores, and the presence of very few enrichment polychaetes.

Marine Chemistry

A benthic survey was conducted for this site on 27/01/2009, the data showed no sign of anoxic sediment. Redox and Loss on Ignition (LOI) values were within SEPA action levels.

SNH

DSFB

2. Water Column Impacts

DEVELOPER

The area in which the Groay-Lingay site is proposed is not categorised within the FRS Locational Guidelines. The site is within a zone where waters from the Minch and the Atlantic converge, thus enabling rapid dilution of potential nutrient and chemical wastes.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

Marine Chemistry

Groay-Lingay does not fall into a FRS locational guidelines area. The predicted Equilibrium Concentration Enhancement (ECE) calculations illustrating the maximum nitrogen concentration released for this site is 4.61µM/l and seasonal sources are highly unlikely to push total dissolved nitrogen concentration above 12µM/l as per OSPAR assessment criteria.

It can be concluded that the proposed fish farm is therefore unlikely to constitute a major factor in the possible eutrophication of the waters of the Sound of Harris.

SNH

DSFB

3. Interaction with Predators

DEVELOPER

Interactions with predators would be managed in accordance with best practice for wildlife interactions as highlighted in the proposed Environmental Management System (Appendix 6) and further to industry codes of practice (Appendix 7).

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

4. Interaction with Wild Salmonids

DEVELOPER

Although the proposed site is not in close proximity to any wild salmonid rivers mouths, the developer will work to manage sealice in conjunction with neighbouring farms. Potential escapes of salmon will be safeguarded against though use of good quality nets and cages, trained staff, remote camera inspection techniques and management of seals to prevent net damage. Should a salmon escape occur a procedure to manage the circumstances will be in-acted (as detailed in Appendix 6).

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

5. Impacts upon species or habitats of conservation importance, including Sensitive Sites

DEVELOPER

Some of predators of farmed fish are also potentially species of conservation importance. Measures to manage predators must therefore show regard to conservation objectives. Indirect interactions with for example cetaceans, through the use of acoustic deterrent devices for seals, will be monitored against historical data to better understand the effects of these measures (as discussed in Appendix 6).

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

6. Navigation, Anchorage, Commercial Fisheries, other non-recreational maritime uses (MOD)

DEVELOPER

The proposed development does present some reduction in access to the charted anchorage, to the east of Groay. The surface gear of the development has however been proposed as being at least 200m from the charted anchor symbol, with closest anchor being 120m from the same point. The channels to the anchorage from the North remains unchanged and its access from the east can be achieved by skirting the cage group to either its north or south, in channels as shown in Appendix 11. It is proposed the development would have navigational marks to aid with access to the anchorage.

Some creel fishing for lobster and velvet crab does occur on the rocky reefs within the Sound of Harris. The proposed fish farm site is situated over a relatively shallow (15m) and predominantly soft sediment area which is thought to be of negligible fishing value.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

7. Landscape and Visual Impacts

DEVELOPER

The proposed development is within a National Scenic Area. The development will however only be visible to those travelling by boat or plane. The development will be visible to those travelling on the Harris - Uist ferry route.

A photomontage of the proposed development is given in Appendix 9.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

8. Noise

DEVELOPER

The development will generate some periods of background noise from the engines of the workboats, feed barge, harvesting pumps etc. The magnitude of noise is however thought likely to be insignificant.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

9. Marine Cultural Heritage

DEVELOPER

There are no known aspects of marine cultural heritage which the development would impact.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

10. Waste Management (non-fish)

DEVELOPER

The primary `non-fish' waste sources created by the development would be feed bags, nets and rope. Where 20kg sized feed bags are used, they will be removed from the site each day and compressed and bailed for disposal through approved methods e.g. recycling or to landfill. Tonne size feed bags will be retained on the feed delivery vessel and reused/disposed of as appropriate. Waste nets would be disposed of via a recycling process such as an approved coastal erosion prevention scheme. Waste rope would go for recycling or approved landfill disposal.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

No specific comment.

Note for applicant:

SEPA encourages waste minimisation and reuse/recycling whenever possible.

There is a guidance document available "Aquaculture Waste Minimisation Guide" specifically for the aquaculture industry which you may find useful (if you are not already aware of this publication) and can be downloaded from SEPA's website at www.sepa.org.uk/waste/resource_efficiency/sector_specific_information/aquaculture.aspx

SNH

DSFB

11. Socioeconomic, Access and Recreation

DEVELOPER

The proposed development would create eight new jobs and additionally engage local and mainland contractors where possible/appropriate.

The Sound of Harris is often used by touring yachts. Though the charted anchorage at Groay may provide shelter in bad weather, the harbours at Rodel, Leverburgh and Berneray are most frequently used offering the greater shelter and facilities.

Access to the Groay anchorage will still be possible after development and it is likely that the shelter afforded, particularly from the east, will be enhanced.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

12. Traffic and Transport

DEVELOPER

The proposed development would only marginally increase the traffic to the proposed shorebase (shed) at Otternish and Berneray Harbour, the road past Otternish already being busy with ferry traffic.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

SNH

DSFB

13. Any other issue

DEVELOPER

None.

COMPETENT AUTHORITY

SCOTTISH MINISTERS

SEPA

It is noted that the applicant proposes to use the site in rotation with other sites but these have yet to be identified.

SNH

DSFB

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2.2.2. SEPA Summary

Contact name: Andrea Dilley, Planning Officer, Planning Service

Telephone number: 01349 860302

Email: [email address]

We have considered this proposed development in terms of formal EIA Screening and Scoping, and have completed our assessment of the significance of potential environmental impacts (2.1).

Check or complete the following fields as required.

We obtained supplementary information from the Developer during our consideration

We consulted with other statutory consultees during our consideration

Our Screening opinion is summarised as:

As far as SEPA's interests are concerned, we are content for the proposal to proceed to planning application stage without further requirements for environmental information.

Supporting Comment:

As this is a proposal for a new site we would normally request that an ES be prepared. This request would be accompanied by a list of the minimum information/data we would require to see prior to being able to make comment on any future planning application. In this case, the applicant has submitted a large dossier of information on the site at the screening/scoping stage. Elements of this dossier encompass the information that we would normally have requested within an ES. There is no additional information that we would request for this site. We are therefore content that the information submitted as part of the screening and scoping consultation is sufficient for our needs under both the EIA Regulations and also for our regulatory remit under the Controlled Activities Regulations (CAR).

We can advise that we have reviewed the marine ecology and chemistry data and are content at this time that this site does not raise significant environmental issues that would be of concern to SEPA interests.

For your information, we can also advise that the hydrographic and modelling reports have been assessed as part of the CAR application process and there are items in them that require to be addressed before the CAR determination can proceed.

Our Scoping opinion and advice is summarised as:

n/a

Electronic signature: Andrea Dilley

Date: 19 June 2009

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EIA TEMPLATES FOR PRE-APPLICATION, SCREENING & SCOPING

MARINE PEN FISH FARMING

Planning Application Ref: 09/00256

(SEPA Ref: PCS/101000)

2. EIA SCREENING & SCOPING OPINION TEMPLATE

2.1. SCREENING & SCOPING CHECKLIST

NOTE:

The competent authority might wish to take account of the following potential impacts of fish farming in relation to existing regulatory regimes. In some cases the impacts are generally dealt with by other regulations, but the competent authority should still accept some additional comments from statutory consultees where appropriate.

Where a statutory consultee is also the Regulator, they should clearly state this and briefly summarise the scope of their powers to regulate the impact in question.

On the very rare occasions where is a trans-boundary aspect to the proposed development, more than one Planning Authority might wish to comment. In that case, an additional table row can be inserted where appropriate. Each Planning Authority (Competent Authority) should identify itself wherever text is entered

IMPACT

EXISTING REGULATORY REGIMES

1. Benthic Impacts

Already regulated by SEPA under CAR and advised by FRS under Locational Guidelines. SEPA is also responsible in cases of presence in or near a Sensitive Area.

2. Water Column Impacts

Already regulated by SEPA under CAR and advised by FRS under Locational Guidelines. SEPA is also responsible in cases of presence in or near a Sensitive Area.

3. Interaction with Predators;

FRS will regulate predator-related containment issues under The Aquaculture and Fisheries (Scotland) Act 2007. It will also be the primary regulator with respect to Sensitive Areas. FRS is not a Regulator in any other regard with respect to predatory species.

4. Interaction with Wild Salmonids

FRS will regulate sea lice management under The Aquaculture and Fisheries (Scotland) Act 2007. It will have ongoing operational control of this aspect of the industry, and a range of tools that it can use to ensure lice numbers are strictly controlled.

5. Impacts upon species or habitats of conservation importance, including Sensitive Sites

All public bodies have a statutory obligation in this regard, and where one particular body is responsible for the specific area of impact on a receptor, its regulatory regime is already ensuring that environmental effects are below the threshold of significance.

6. Navigation, Anchorage, Commercial Fisheries, other non-recreational maritime uses (MOD)

ETLLD regulates navigation safety under the Coast Protection Act Section 34 consenting system.

7. Landscape and Visual Impact Assessment

8. Noise

9. Marine Cultural Heritage

10. Waste Management (non-fish);

11. Socioeconomic, Access and Recreation

12. Traffic and Transport

13. Any other issue

2.2. SUMMARIES & STATEMENTS