Kier Infrastructure and Overseas Limited Greenburn Surface Mine, Dalgig Farm Site

Kier Infrastructure and Overseas Limited Greenburn Surface Mine, Dalgig Farm Site Planning application pursuant to s.42 Town and Country Planning (Scotland) Act 1997 to amend the restoration scheme Volume 3 NON TECHNICAL STATEMENT March2015 SLR Ref: 403.04281.00003 Rev. ISSUED

EIA Quality This Environmental Statement, and the Environmental Impact Assessment (EIA) carried out to identify the significant environmental effects of the proposed development, was undertaken in line with the EIA Quality Mark Commitments. The EIA Quality Mark is a voluntary scheme, operated by the Institute of Environmental Management and Assessment (IEMA), through which EIA activity is independently reviewed, on an annual basis, to ensure it delivers excellence in the following areas: EIA Management EIA Team Capabilities EIA Regulatory Compliance EIA Context& Influence EIA Content EIA Presentation Improving EIA practice To find out more about the EIA Quality Mark please visit:

Contents Introduction... 1 Application Submission Package... 1 Planning and EIA... 2 Previous Environmental Statements... 2 The Site... 2 The Proposed Development... 4 Policy Background... 5 Alternatives... 6 Landscape and Visual Impact... 6 Water Environment... 7 Ecology... 8 Topics scoped out... 9 Cumulative Impacts... 10 Conclusion... 10

INTRODUCTION 1. This document comprises a Non Technical Summary ( NTS ) and has been prepared by (SLR) on behalf of Kier Infrastructure and Overseas Limited trading as Kier Mining (the applicant). The NTS is part of a package of documents being submitted to the local planning authority, East Ayrshire Council (EAC), in support of a planning application in respect of land at Dalgig Farm, forming part of the Greenburn Surface Mine complex (the Greenburn complex ). 2. The planning application seeks to amend the approved restoration scheme for the Dalgig Farm site. Coaling has been completed within the Dalgig Farm site, and a large proportion has already been progressively restored and is ongoing. However, the approved restoration scheme is no longer considered viable. This is set out further in the Planning Statement (Volume 1, refer to paragraph 3 for details of documents submitted as part of the planning application). All other aspects of the approved development would remain unaltered from the original approved scheme. Accordingly, the planning application is being submitted pursuant to section 42 of the Town and Country Planning (Scotland) Act 1997. APPLICATION SUBMISSION PACKAGE 3. This NTS comprises Volume 3 of a larger multi volume submission to accompany the planning application. In addition to the formal planning application forms and certificates, the full submission comprises: Volume 1: Planning Statement Volume 2: Environmental Statement o Volume 2A: ES Text o Volume 2B: ES Technical Appendices; and Volume 3: A Non Technical Summary of the ES. 4. The NTS has been produced as a separate document to accompany the planning submission, being a mandatory part of the Environmental Statement ( ES ). This provides, in non-technical language, a brief summary of the likely significant effects that the proposed changes to the approved development would have on the environment. 5. Paper copies of the ES can be obtained from at the following address: Aspect House Aspect Business Park Bennerley Road Nottingham NG6 8WR 6. The ES, along with the other Volumes, are available in both paper and CD Rom formats, for which a charge of 200 and 25 is applicable respectively. A copy of the NTS is available free of charge on request. The application documents will also be available to download from the EAC web site. 1

PLANNING AND EIA 7. The European legislation (the Environmental Impact Assessment Directive or EIA Directive for short) requires that, before granting development consent for projects authorities should carry out a procedure known as environmental impact assessment (or EIA ) of any project which is likely to have significant effects on the environment. In the UK, development consent includes the grant of planning permission. Whilst the nature of the proposed development (i.e. the change to the approved restoration scheme) would not automatically require an EIA, the applicant is submitting an ES voluntarily to support the planning application. 8. An ES is a report of an EIA that is required to be submitted with a planning application. 9. The extent and detail of the studies to be undertaken as part of the EIA has been agreed with EAC through an informal scoping process. An internal scoping exercise has also been carried out which also identified that the proposed amendments to the restoration scheme have the potential for significant impacts in relation to: Landscape and visual impact Hydrology and hydrogeology (the water environment); and Ecology. 10. The scoping exercise considers that the proposals are unlikely to give rise to any significant impacts in relation to air quality; noise, cultural heritage or transportation. This is set out further in Chapter 9 of this ES for completeness. This is explained in more detail in Chapter 1 of the ES. PREVIOUS ENVIRONMENTAL STATEMENTS 11. A comprehensive ES 1 was prepared for the original planning application (submitted on 31 May 2006) to extend the Greenburn site to recover some 2.7 Mt of coal over a period of seven years. The application site encompassed 510.6 ha, including land already consented for mineral extraction. 12. An alternative scheme was submitted on 15 October 2007 for a smaller scheme; under the alternative proposals 1.5 Mt of coal would be extracted over a period of three years, with the application site measuring 323.7 ha. This application was accompanied by a considerably shorter ES 2 which effectively constituted an addendum to the original ES. THE SITE 13. Dalgig Farm forms part of the Greenburn Surface Mine complex lying approximately 23.2km to the south east of Ayr. More locally, it is situated 6.7km south of Cumnock, 5.9km west of New Cumnock and 10.8km northeast of Dalmellington 3. For identification purposes, the Dalgig Farm site is centred on 1 Greenburn Project: Dalgig Extension. Environmental Statement May 2006 2 Greenburn Project: Dalgig Extension. Alternative Scheme Dalgig Farm. October 2007 3 All distances measured from centre of site to centre of settlement using Google Earth. 2

National Grid Reference (NGR) NS 558 133, whilst the wider Greenburn complex is centred on NGR NS 570141. Figure 1 Site Location 14. The Greenburn complex is comprised of a series of separate sites, notably Braehead Farm, Wellhill Farm, Greenburn (including Greenburn North and Greenburn Northeast extensions) and Dalgig Farm. 15. Land to which this current planning application relates (the application site ) is bounded by Braehead Farm to the south and Wellhill Farm to the east. Land to the northwest of the application site (and outside of the Greenburn complex) is known as Carsgailoch Hill; a large area of woodland. As the application is being submitted pursuant to s.42 of the 1997 Planning Act the extent of the application site is the same as previously approved by EAC (refer to paragraph below). 16. The application site comprises areas of restored land, overburden storage backfilled workings, and a mineral void. Allied to this, a pocket of the application site located on the southeastern boundary contains site offices and ancillary infrastructure. 3

17. The River Nith runs through the southern portion of the application site. A road bridge across the river provides a link through to the Braehead Farm site to the south. 18. In a wider context, the application site is situated in a predominantly rural landscape. Notwithstanding this, another minerals extraction site independent to the Greenburn complex borders the application site to the southwest. 19. Chapter 2 within the ES provides further information on the application site and its environs. THE PROPOSED DEVELOPMENT 20. Planning permission was granted by EAC on 19 August 2008 for an extension of the Greenburn Surface Mine (application reference ref. 07/0908/FL). The application site included part of the existing Greenburn site and a westerly extension; originally, the westerly extension (Dalgig Farm) encompassed a larger area of land, but was reduced in extent due to land ownership issues. It is the smaller area that received planning permission and has been implemented. Within the ES, Dalgig Farm site is used to describe the western extension (smaller version) and part of the Greenburn site, being the application site for planning permission ref 07/0908/FL and shown edged in red on the plans within the ES. As such, the phrase application site and Dalgig Farm site are interchangeable. 21. Coaling within the Dalgig Farm site ceased in December 2014. Progressive restoration has been undertaken in parallel with coal extraction, with the eastern part of the Dalgig Farm site now restored. The western part of the Dalgig Farm site, as described above, comprises a deep excavation resultant from coaling. To the east of the void are the overburden storage mounds. 22. The approved restoration strategy, which is shown on Drawing 6215A/D1/ES/0209 (contained in Appendix 3/1 to the ES), was not to solely restore the site to its existing condition, but to achieve an enhanced landscape with increased biodiversity interest through creative restoration. The restoration aim was as follows: To enhance the visual landscape and landscape character through creative restoration, respecting the original rolling topography and open upland landscape whilst introducing local diversity and enrichment. 23. Having reviewed the approved restoration scheme the applicant considers that it is not viable and that it is necessary to put forward an amended scheme that reduces movement of overburden that has been stripped from the working area but also introduces cultural, ecological and recreational benefits, whilst being capable of being assimilated into the landscape. The revised restoration proposals would provide for: increased informal public access and amenity in comparison to the permitted restoration scheme; enhanced cultural, landscape and ecological interpretation in comparison to the permitted restoration scheme; 4

further ecological diversification of habitats at the site, in comparison to the permitted restoration scheme; and mitigate effects on landscape character or visual amenity in comparison to the permitted restoration scheme. 24. For the avoidance of any doubt the proposals do not seek to release any additional coal reserves or extend the duration of coaling. To facilitate this change in restoration scheme the planning application is being made under s.42 of the Town and Country Planning (Scotland) Act 1997. 25. A full description of the proposed development, including the processes to be undertaken, is included in Chapter 3 of the ES. Figure 3 Restoration Masterplan POLICY BACKGROUND 26. The Scottish Government is committed to a plan led system, with the Development Plan forming the basis of all planning decisions. Legislation confers a presumption in favour of development proposals which accord with the Development Plan, unless material considerations indicate otherwise. However, it is not the role of the ES to determine whether a development is in accordance with the Development Plan, but to provide supporting environmental information. 5

27. The planning application will be determined in accordance with prevailing policies at national and local level. National planning policies are contained in the Scotland s Third National Planning Framework (June 2014), Scottish Planning Policy (June 2014) and the Planning Advice Notes, or PAN for short. Local policies translate national strategic issues into the local context through: Ayrshire Joint Structure Plan (November 2007); East Ayrshire Local Plan (October 2010); and East Ayrshire Opencast Coal Subject Plan (March 2003) 28. The Development Plan, in common with national planning policy, seeks to reconcile the development needs of society against safeguarding the environment and amenity of local communities. In so doing, it sets out a series of policies which seek to guide developments in terms of acceptable limits and design, whilst ensuring interests of archaeological, cultural heritage, ecological interest and importance are protected, and that the local amenity and environment of communities are not derogated through pollution to air, land or water. 29. The ES sets out (in Chapter 4) the key planning policies and other material planning considerations that have been taken into account as part of the EIA. A separate appraisal of the proposed development against those policies has been undertaken and is presented in the Planning Statement which forms part of the planning application but is not part of the ES. ALTERNATIVES 30. As the development proposals seek, in essence, to amend an approved scheme for which planning permission has been granted following a thorough examination, it is not appropriate to consider alternative sites. Allied to this, the proposals are to a larger extent a refinement of the approved scheme and thus, with the exception of minor design iterations, no alternatives were considered as part of the EIA process. LANDSCAPE AND VISUAL IMPACT 31. A landscape and visual assessment of the proposed development has been completed in accordance with accepted guidance, and is presented in Chapter 6 of the ES. 32. The assessment includes a baseline study of the existing site and its surroundings, a study of the landscape and visual characteristics of the development and an assessment of the residual landscape and visual impacts likely to be generated after mitigation has been considered and their significance. 33. Initially a desktop study was undertaken to review the relevant publications, maps and plans relating to the proposed development. This was followed by fieldwork to various parts of the application site and the surrounding 5km study area. Use has been made of 3D computer models to generate zones of theoretical visibility ( ZTVs ), identify potential viewpoints and create perspective 6

views, which in turn have been used to inform the assessment of magnitude of change for individual viewpoints. 34. Overall there are no significant landscape or visual effects predicted as a result of the proposed changes to the restoration scheme: the physical differences between the landscape elements and features at the Dalgig Farm site is considered to be slight as the majority of the eastern end of the site is very similar to the consented scheme, whereas the western end has a new water body and reconfigured Burn (Dalgig Burn); the nature of the landscape effects would be beneficial, as the new open water element in combination with increased area of conservation grassland would provide habitat diversity, whilst the treatments to landform and boundary features would ensure assimilation with the local landscape character; the overall landscape effects upon the application site and the Upland Basin LCT and the Foothills with Forestry and Opencast Mining LCT as a whole are considered to be slight. The effects are neutral in nature as there would be no new key characteristics introduced; the visibility of the revised restoration scheme would be very localised and would be very similar in appearance to the existing consented scheme, in particular occupying part of the sloping northern valley side and flatter floodplain. The revised restoration replicates this landform pattern quite closely, particularly when viewed from the more distant viewpoints to the east and south, where it is backgrounded and there are no changes to the skyline; and although there are several sensitive visual receptors in the study area (mainly of a residential and recreational nature), most of the changes would be barely perceptible and/or involve features already present in views. WATER ENVIRONMENT 35. The groundwater and surface water regimes (collectively referred to as the water environment) at the application site have been assessed with reference to information held by the British Geological Survey, the SEPA, the Local Authority (EAC) and others. This information has been supplemented with site specific investigation information and a site walkover survey. 36. The assessment, as reported in Chapter 7 in the ES, details the assessment undertaken to determine the potential effects of the revised restoration scheme on the current baseline water environment. The chapter should be read alongside the other chapters of the ES which address landscape and visual impact and ecology to ensure that a holistic understanding of the scheme is obtained. For example, the ecological benefits of aquatic margins/shoreline habitats are considered in Chapter 8 of the ES. 37. It outlines the embedded good practice methods which have been incorporated into the design and construction of the proposed scheme to prevent or reduce effects and risks. Further mitigation methods to address any potential effects are proposed, where appropriate, and residual effects assessed. 7

38. The assessment has confirmed, subject to best practice measures and Controlled Activity Regulations (CAR) licensing, that in the long term the proposed revised restoration scheme would not have any increased adverse effects on the ground or surface water environments. Rather, it has been shown that the proposed development would not require any long term intervention or management and that surface and groundwater would be passively managed. The development proposals would realise the following key benefits: the site would be restored to a safe and passive landscape which minimises the risk of any environmental pollution issues from the site in the longer term, in accord with EAC s Make Safe, Make Good, Make New strategy from the Steps to Recovery Report 4 ; the rate of runoff from the site would be decreased; the proposed re-instatement of the Dalgig Burn would direct surface water flows close to the upstream boundary of the site with the River Nith; and rebound groundwater levels would contribute to baseflows in the River Nith. 39. Overall, the proposals put in place measures that would not change or introduce new risks associated with restoration of the site. ECOLOGY 40. An ecological impact assessment has been undertaken following published guidelines on the likely effects upon flora and fauna and is reported in Chapter 8 of the ES. The assessment considers the western area of the Dalgig Farm site as the eastern area has been restored as part of the original Greenburn site. It involves the comparison of the impacts and effects of the consented restoration scheme with the predicted impacts and effects of the proposed development. It was completed according to CIEEM guidelines 5 and comprised the following steps: the baseline was defined from the consented restoration scheme; the potential impacts (direct and indirect) and sources of impact on ecological and nature conservation receptors are characterised; mitigation and enhancement measures are proposed where different impacts and effects arise as a result of the proposed development; and the significance of residual effects remaining after the mitigation and enhancement measures have been considered is assessed and, where considered appropriate, suitable additional mitigation measures described. 41. The ES describes the baseline ecological conditions at the Dalgig Farm site and provides an evaluation of the ecological resources that occur within the site or have potential to be affected by operations within it. The assessment also 4 Opencast Mining in East Ayrshire Steps to Recovery. East Ayrshire Council, report by Chief Executive, 19 th September 2013. 5 Institute of Ecology and Environmental Management (2006).Guidelines for Environmental Impact Assessment in the United Kingdom 8

describes in detail the potential ecological impacts resulting from the proposed scheme and describes the mitigation and avoidance measures that are required to reduce the magnitude of these effects. 42. The assessment describes that no ecologically significant effects had been identified in previous assessment work for the Dalgig Farm site and that the consented scheme resulted in negligible or slightly positive impacts on ecological receptors but none that resulted in ecologically significant effects. 43. This assessment has found that the proposed development would overall result in more positive impacts on all ecological receptors than the consented scheme and that for some receptors the positive impacts would result in ecologically significant positive effects. 44. The receptors for which the proposed development would result in ecologically significant positive effects are: habitats: open water, reedbeds and woodland; bat species; and birds. TOPICS SCOPED OUT 45. The purpose of an EIA is to assess the significant environmental effects of a development. In this respect Planning Circular 3/2011 indicates 6 that: Whilst every ES should provide a full factual description of the development, the emphasis of Schedule 4 is on the main or significant environmental effects to which a development is likely to give rise. Other impacts may be of little or no significance for the particular development in question and will need only very brief treatment to indicate that their possible relevance has been considered. 46. Topics that have been scoped out of the EIA are: air quality (i.e. dust); blasting and vibration; cultural heritage; agriculture and soils; noise; and transportation. 47. In each case, an assessment has previously been carried out to examine the likely significant effects. The proposed changes to the restoration scheme would not introduce anything that would result in the conclusions altering from the previous assessments. For example, for vibration and transportation, the effects are related to coaling and not restoration. 6 Circular 3/2011 The Town and country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011, para. 94 9

CUMULATIVE IMPACTS 48. The final chapter of the ES considers cumulative impacts. Cumulative impacts may result from a number of situations: the interaction or proximity of two or more current mineral operations (not necessarily for the same type of mineral) or developments of a similar nature; the continuation of a particular working over time through successive extensions; the interaction or accumulation of different impacts at one site, affecting a range of sensitive receptors; and a combination of the above scenarios. 49. In considering the potential cumulative impacts, it is important to keep in mind the extant planning permissions for Greenburn complex and that the proposals only seek to amend the restoration scheme and not introduce any new areas for coal extraction. 50. Consideration has been given to the potential cumulative impacts with other opencast coal operations (within and adjoining the Greenburn complex) in relation to landscape/visual, the water environment and natural heritage (ecology). In all cases, no cumulative impacts have been identified. CONCLUSION 51. This non technical summary has outlined the findings of the environmental impact assessment of the development proposals contained within an Environmental Statement ( ES ). The ES accompanies a planning application for the proposed changes to the approved restoration scheme for the Dalgig Farm site within the Greenburn complex. 52. The environmental impact assessment has considered the likelihood of significant environmental effects occurring from the proposed changes upon the site itself and its surroundings. The environmental issues addressed as part of the scheme have been identified through a combination of review of published data; desk based and site survey work; and consultation with the EAC and other organisations. 53. The ES has not identified any significant effect from the proposed development. The overall conclusion is that, with the adoption of the mitigation measures embodied within the project design, or imposed through planning conditions, any impacts identified can be maintained within acceptable limits. 10