aeecow inaugural spring conference “ecow: developing …...aeecow inaugural spring conference...

AEECoW Inaugural Spring Conference “ECoW: Developing Best Practice and Awareness”

Thursday, 30th March 2017

IET Glasgow

Welcome and Introduction

Prof George Fleming FREng FRSE FICE FCIWM CEnv

AEECoW Chairman

Session 1: Context for ECoW Chaired by Steve Jackson-Matthews

Speaker 1 – Kenny Taylor (SNH) and Hans Schutten (SEPA)

Environmental Compliance – agencies’

perspective

Scottish Natural Heritage Dualchas Nàdair na h-Alba

Clerks of Works

‘Eyes, Ears and Hands on the ground’

Kenny Taylor and Hans Schutten SNH and SEPA


Presentation: The role of SNH and SEPA in planning What to prioritise? The eyes and ears Good and bad practice The future

Scottish Natural Heritage


The Role of the agencies

• to help make good development happen in the right places;

• help to deliver a faster planning and permitting process and make our data, advice and guidance more easily available;

• focus our efforts on proposals that could significantly affect the quality and enjoyment of Scotland’s natural heritage / environment.


SEPA responsibilities as a regulator • activities that may pollute water;

• activities that may pollute air;

• waste storage, transport, treatment and disposal;

• the keeping and disposal of radioactive materials;

• activities that may contaminate land.


The Role of the agencies

Post-consent monitoring and enforcement For some major developments (e.g. a large wind farm) in sensitive locations, it is recommended that the appointment of an Ecological Clerk of Works to monitor construction activity and to advise on the correct application of mitigation techniques based on agreed management plans where relevant. This is an effective way to avoid or minimise impacts during and after construction.


Legal framework: • Wildlife and Countryside Act 1981

• Habitats Directive and Regulations

• Protection of Seals under the Marine (Scotland) Act 2010

• Protection of Badgers Act 1992

• Deer (Scotland) Act 1996

• Offshore Marine Regulations

Offences range from intentional or reckless killing, to disturbance and displacement, to selling and possession. It is everyone's responsibility to act within the law.

http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/wca-1981/

http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/habitats-directive/

http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/seal-conservation/

http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/badger-protection/

http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/deer-protection/

http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/marine-species-protection/


And a word on peat.....

• Some of which is protected in protected areas

• Strong policy protection (SPP)

• What can you do with it ?


The Clerk of Works

eyes and ears


The agencies’ perspective on the role of the ECoW

– A strong and independent professional that is empowered

to make environmental decisions within pre-defined areas

– A clear communicator that understands and works directly with construction crews and operators

– A clear communicator that interacts with the various agencies where things go wrong or need adapting


However! • Our current experience shows:

– The role is very varied in effectiveness

– Often the role is not empowered to make decisions and that slows down the development

– The role can be quite hands-off (once a week visits)

– Pollution is not reported in a timely fashion, so that SEPA / Local Authority enforcement action is delayed, and harm could have been mitigated much earlier. This will also minimise paperwork and cost.


Some future considerations • All interested parties coming together before the build

• CoWs written into tenders and contracts

• Maintaining independence

• Capacity building for optimum effectiveness

• Improved lines of communication

• CoW representing organisations working together


Thank you

Speaker 2 – Catherine Stewart and Fiona Stewart (LLTNP)

The ECoW role in planning compliance

Next up……

Role of ECoWs in helping to ensure compliance with planning conditions for hydro schemes Loch Lomond & The Trossachs National Park Authority

AEECoW Conference

Fiona Stewart Natural Heritage Planning Officer Catherine Stewart Development Management Planner

INTRODUCTION: Team work – planning & conservation

1) Pre-construction involvement of ECoWs– from initial survey work through the design iterations and the planning process to discharge of pre-start conditions (CS)

2) Site monitoring – site meetings / inspections / monitoring reports to discharge conditions. Implications of non-compliance with conditions (CS)

3) Examples of good and bad reporting practice (FS) 4) Summary and conclusions (FS)

Presentation structure

INTRODUCTION Planning compliance in run-of-river hydro schemes in the National Park

2) Pre-construction involvement of ECoWs

Landscape Clerk of Works/ On-site Landscape Architect: No development shall commence on site until a suitably qualified Landscape Clerk of Works (LCoW) or On-site Landscape Architect (LA) has been appointed to oversee the setting out, construction and restoration of all project elements likely to have a landscape impact.

3) Construction Site Monitoring Condition 1 of 2

Scope of Works to be carried out by the Ecological Clerk of Works: Prior to appointing the ECoW in accordance with Condition x above, a 'scope of works' for that person shall be submitted to, and approved in writing by, the Local Planning Authority. As a minimum, the ECoW shall: • be present to oversee all in-stream construction works; • give advice on micro-siting project elements to avoid important habitats, including any areas of

deep peat and GWDTE; • give Ecological 'toolbox talks' on emergency procedures if protected species are identified within or

close to the construction corridor; • ensure compliance with all wildlife legislation; • undertake pre-construction checks for protected species (mammals, birds and invertebrates -

Lepidoptera); • oversee implementation of all ecological mitigation, as detailed in the final approved CMS; • supervise all reinstatement and restoration techniques and compensatory planting; • monitor restoration of the site and ensure that the agreed habitat restoration targets are achieved; • advise on the species for landscaping and restoration of the powerhouse area; and • have the authority, on and off-site, to halt operations or to alter construction methods if they

observe, monitor or otherwise identify that these operations are having adverse impacts on the natural heritage.

The Scope of Works shall specify the stages of the process that the ECoW will be present on site for, and how regularly they will otherwise inspect the site. Thereafter, all works shall be carried out in accordance with the agreed Scope of Works.

3) Monitoring of construction on site Condition 2 of 2

Enforcement – Resolution by negotiation Formal Action: e.g. serving Stop Notice Reasons for issuing this notice are that development is continuing without satisfying the requirements of the proposed consent by: 1. Construction of the intake and associated infrastructure approximately 100m north of the approved location thereby rendering this element unauthorised. 2. Failure to carry out development in accordance with the approved plans as required by Condition 1. 3. Failure to submit external finishes prior to commencement of development as required by Condition 4. 4. Failure to submit details of bat boxes prior to commencement of development as required by Condition 9. 5. Failure to submit a Construction Method Statement prior to commencement of development as required by Condition 11. 6. Failure to submit a Landscape Restoration Plan prior to commencement of development as required by Condition 14.

3) Site Monitoring - implications for breach of condition(s) or carrying out of other unauthorised activity

3) Monitoring of construction on site


Use a table to :- • List the conditions • Use key features eg working corridor, intakes,

powerhouse. • Show good and bad!

5) Summary and conclusions Reports should :-

• include pre-construction works; • monitoring which relates to the

conditions; • clearly show us where there is

an area of concern; • Be on time.

5) Summary and conclusions The NPA can deal with breach of

conditions. • Negotiation

• Stop Notices.

Speaker 3 – Tim Buist (SSE) A Developer’s Perspective

Next up……

A Developers’ Perspective Tim Buist (SHE-T/SSEN) Glasgow 30th March 2017

AEECOW Conference

Presentation Outline

◦ Who are SHE Transmission/ SSEN? ◦ Some of our Projects ◦ ECoW Specification ◦ The different ECoW roles as we see

them ◦ Importance of the ECoW ◦ Environmental vs Ecological CoW ◦ Effectiveness / Potential issues

46

Who are SHE Transmission /SSEN? • SHET: We are part of Scottish and Southern

Electricity Networks, operating under licence as Scottish Hydro Electric Transmission plc for the transmission of electricity in the north of Scotland.

• We own and maintain the 132kV, 275kV and 400kV electricity transmission network in our licence area.

• Approximately 4390 MW of Generation connected to our network

• As a natural monopoly, we are closely regulated by the GB energy regulator, OFGEM.

47

Construction / Development Projects • Varied scale of projects ◦ EIA developments ◦ Section 37 ◦ Permitted developments

• Upgrading Existing Infrastructure ◦ Beauly – Blackhillock – Kintore ◦ Re-conductoring / tower strengthening

• New infrastructure projects ◦ Beauly - Denny ◦ Blackhillock Substation expansion ◦ Caithness -Moray HVDC

48

Environmental Clerk of Works – What/When? • This is the role we abbreviate to the ECoW and not to be confused

with an EcCoW • May be contractor appointed as specified as part of the contract, or… • May be the clients environmental representative on site for certain

projects • Generally required for larger projects, sensitive sites and/or where

specified by regulators / forms part of planning • It is normally we who include our intention for ECoW early in

development/ appraisal

49

Environmental Clerk of Works - Specifics. • Understand the construction process / key relationships / drivers on

construction projects • In depth knowledge of the contract documents/ planning / consents /

licence conditions of a project. • Identify, assess and manage environmental risks arising from

development. • Communicate these risks and any actions required. • May need to negotiate with contractors / clients and face difficult

decisions • Pre-empt problems that have potential to delay activities and identify

effective solutions.

50

Environmental Clerk of Works - Specifics. • Not necessarily an Ecologist but will have enough understanding to know

when specialist ecological input is required, or……. • May actually have sufficient ecological expertise to undertake surveys or

fulfil a dual role of ECCoW where required.

51

Environmental Clerk of Works - Attributes.

◦Expert ◦Communicate effectively ◦Observant ◦Willing to Challenge

52

Examples of ECoW roles on our Projects • Beauly to Denny ◦ Construction of 220km 400kV OHL from Beauly to Denny ◦ 615 steel towers ◦ 100’s km of access tracks ◦ ECoW/EcCoW functions key in delivering project

objectives and environmental commitments. ◦ Directly appointed by SHET to discharge various

conditions which formed a part of the planning ◦ Species licences ◦ Monitoring / Ecological Surveys (EcCoW) ◦ Pollution prevention ◦ Engaging suitable expert support Archaeologists/

Ornithologists / Ecologists/hydrologists

53

Examples of ECOW functions on our Projects • Blackhillock Substation Expansion ◦ Development of a substation site: 400kV GIS / 132kV GIS /

275kV AIS ◦ Largest substation in northern Europe (approx. 20Ha) ◦ Contractor ECoW to ensure compliance with the planning

commitments, legislation and contract docs ◦ Client ECoW to regularly monitor/ audit / advise ◦ CEMD set out requirements of the contractor ECoW

• We specified the level of presence required on site

• Based on risk of project

55

The Role of ECoW/ EcCoW

According to AEECoW There are 3 mechanisms by which a consenting body can require an applicant to appoint an ECoW: • Planning Conditions • Planning Obligations • Environmental Permits However it is worth remembering that…… • Client/Applicant may choose to specify one even on projects where

would not necessarily be a planning requirement – we often do! • Permitted developments sites often have ECoW to implement the

CEMP

57

Contractor Environmental Clerk of Works – key functions

• Responsible for ensuring ALL environmental objectives are delivered during the construction of the project

• Instructs/oversees sub-contractor operations on site. Expected to attend environmental incidents and advise accordingly

• Reviews documentation (CEMP/ Permits / Licences) • Liaises with specialists when necessary e.g.: Ecologists /

Archaeologists, but with overall responsibility for management of key environmental aspects of the project

• Provides project teams with regular reports and maintains a log of actions/ issues 58

Client Environmental Clerk of Works – key functions

• On some projects we (the client) also appoint our own ECoW to support the project team and monitor performance against environmental objectives and contract specifications.

• More of an auditing role and not directly responsible for instructing contractors.

• Ensures that principle contractor adheres to environmental commitments set out through planning or our own environmental specification.

• This often goes beyond legislative requirements and sets standard for best practice. ◦ GEMPs ◦ SPPs

59

Client Environmental Clerk of Works – key functions • Provides cohesive advice to the site managers and project team on all

environmental issues. • Works closely with the contractor ECoW • Lessons Learned ◦ Takes key lessons learned from projects and feeds back to the rest of the team ◦ Ensures that future projects can specify mitigation/ methods which will continually

improve the environmental management of projects

• Liaison with Statutory Authorities ◦ On behalf of client / project team ◦ On our projects all communication with SA’s is normally undertaken by the client ECOW.

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Ecological Clerk of Works (EcCoW)

• Appointed where there are known significant Ecological issues which will need specialist input for the duration of construction. (e.g. Beauly Denny)

• May also fulfil the ECoW role depending on skills/ experience or…..

• May be a different individual/ consultancy • Not necessary on most projects • May need to have a specific ecological skill set

and be capable of undertaking works under various protected species licences.

61

The Value of the ECoW/ EcCoW

• Ensures that environmental commitments are fulfilled ◦ They are ultimately our responsibility as a developer

• Comfort to the statutory authorities ◦ The environmental elements of a project are being taken

seriously

• Save time / money ◦ Finding timely solutions to potential issues ◦ Being one step ahead of construction activities ◦ Avoiding environmental incident or breaches of legislation that

could result in prosecution.

62

Potential Issues for an ECoW/EcCoW • ECOW may not have enough authority on site ◦ Needs to be clear that the on site ECOW is expected to be able to instruct sub-

contractors, not simply offer advice.

• Inexperienced ECOWs may not have the confidence to stand up to contractors ◦ Need to have sufficient on-site experience and CVs need to be approved

• Not know the documentation fully enough and therefore not understand the environmental commitments which may have been made to statutory authorities. ◦ ECOW needs to have thorough comprehension of ALL environmental commitments

and client expectations so that they are not diluted down or overlooked

63

Potential Issues for an ECoW/EcCoW

• ECOW may view some environmental procedures as un-necessary where they are different or more onerous than previous jobs ◦ Delivering client expectations is equally important to legislative requirements ◦ Often our own specification goes beyond planning or legal requirements. ◦ Our procedures (GEMPs / SPPs /) are agreed with SAs at a national level

• Allegiance – who is employing them? ◦ Are they more likely to be influenced by the contractor if they are employed by them ◦ Would they be willing to specify costly solutions / mitigation measures ◦ Who picks up the bill for costly environmental mitigation on a fixed price contract? ◦ How much detail do we need to specify within contracts to ensure we get what we

expect?............who’s risk?

64

SUMMARY

• ECOW and EcCOW are crucial roles in successful delivery of our projects • Both client and/or contractor ECOWs are necessary to ensure that

environmental commitments and Environmental documentation are fully implemented on site

• Pragmatism and professionalism are essential qualities combined with a strong enough character to deal with often difficult situations

• The role of the ECOW will continue to be developed by us through detailed specification on our projects and the use of framework agreement

• We expect high standards from all ECOWs on our projects • It is important that lessons continue to be learned to ensure consistency

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Speaker 4 – John Parks (Scottish Water) A Client’s Perspective

Next up……

John Parks Scottish Water Environment

Team 30/03/17

A Client’s Perspective

Topics

• Requirement for ECoW • Environmental Clerk of Works • Ecological Clerk of Works

• Main Drivers for Scottish Water • Examples of Clerk of Works

(Environmental/Ecological) • Challenges

Requirement ECoW

• Protection of the Environment and Ecology • Reputational Risk • Risk avoidance • Avoidance of Prosecution

Definition of ECoW

• Environmental Clerk of Works • Specialist input to protect the environment

• Water • Air • Land • Archaeology • UXO (Unexploded Ordnance)

• Ecological Clerk of Works • Specialist input to protect Ecology (Protected Species) and

Habitats • Badgers • Birds – nesting birds – breeding habitats – feeding habitats • Bats • Peat habitat • INNS (Invasive Non-Native Species) Japanese Knotweed Giant

Hogweed

Requirement for ECoW

Specific Drivers for Scottish Water • Protection of the Environment and Ecology • Lack of Internal Company Resource to Provide Sufficient

Expertise and or manning resource. • Reputational Risk • Risk avoidance • Avoidance of Prosecution

Examples of Projects • Large linear projects - Amlaird Main Out Project • Pipelines similar impact to new road installation 20 km plus length 10-20

m wide affected area including water crossings and peat habitats. • Significant risk of silt run off pollution • Peat Management Watching Brief

Examples of Projects • Requirement for ecology specialist input for example Craigendoran

Helensburgh, sewer rising main installation 1.7 km long below MHWS in SSSI/Ramsar/SPA for Overwintering/Feeding Redshank

• Ornithologist Watching Brief to prevent disturbance to feeding birds in winter.

Examples of Projects

• Waulkmill Glen/Ryat Linn Reservoirs • Reservoir drawdown with risk of disturbance to marginal nesting birds

including great crested grebe, moorhen, coot etc.. • Ornithologist watching brief to ensure no disturbance to marginal nesting

birds on reservoir drawdown and ensuring no disturbance to nesting birds on subsequent reservoir refilling.

Examples of Projects

• Crawhin Reservoir • Hen Harrier nesting habitat (SSSI)

• Ornithologist watching brief to ensure no disturbance to hen harriers in surrounding nesting habitat

Examples of Projects • Archeology watching brief • Large Linear Projects Inveraray WSDB 9 km pipeline

“Butter Barrel”

Examples of Projects • Bradan Water Main • 50 year old Strategic Water Main Tree Clearance Works

• Tree felling in close proximity to Badger Setts • Ecologist watching brief to supervise tree felling work

Examples of Projects • Loch Arklet to Loch Katrine

Transfer Hydroscheme • Demolition of existing Turbine

house

• Bat ecologist Supervision of Demolition

Challenges Specific to Scottish Water Hard to justify ECoW in smaller value capital projects. • Potentially cost of ECOW and Environment/Ecology

Protection outweighs engineering costs. • Capital projects “protected” by “safety net” of

Scottish Water Environmental Advisers and Capital Procurement Process.

• Emergency Intervention Works ( e.g. Pipe Bursts and routine repair maintenance on building/equipment) not covered by same scrutiny as capital projects.

Conclusion • Role of ECoW • Essential to protecting Scottish Water

Tea & Coffee Break (Dunnage Room)

Session 2: Developing Best Practice Chaired by Olivia Burns

Speaker 5 – Cameron MacIver (Cameron Ecology)

A Practioner’s Perspective: The ECoW – toothless wonder or ECoW warrior?

The ECoW – Toothless Wonder or Eco-Warrior?

AEECoW Conference – 30 March 2017 Cameron MacIver

Good Day – Site A

• Assistant ECOW is stressed because a work to install a watercourse crossing is not going well

• You get there with him and discover what appears to be a major breach of the CAR regs

• You report this but site staff don’t seem that interested, you insist its reported to SEPA

• On your way home your colleague calls you to say he has been asked to lie about what has happened.

Bad Day – Site B

• Breeding merlin discovered

• Everyone stops work in the area

• You get the help and advice you need

• A way forward is agreed

• Contractor proposes some improvements to road alignment that save valuable bog habitat

What makes the ECoW role effective? • The person doing the role needs to be competent • Client needs to have an independent commitment

to environmental compliance • Contractor needs to be competent

If you lack the above points the ECoW role is never likely to make much difference in my opinion unless we change the way we deliver this role.

A Toothless Wonder? Does the ECoW have any teeth? • Who pays for the role, and does this secure

independence? • Who does the ECoW report to? • What happens if there is a difference of opinion on an

issue? • What happens when an issue is escalated and SEPA or

SNH get involved?

On the positive side: • Some Councils now insist that the role must have

authority to stop work

An Eco-Warrior?

• Environmental/Ecological specialists ’Embedded’ in the construction process

• Influence decision-making as it happens – involved in some excellent micrositing decisions and other design changes

• Refines our understanding of the environmental issues on a site in a way that is not possible during EIA

• Opportunity to raise awareness

Conclusions: What needs to Change? • I need to change! • Need to investigate how the role is commissioned

and our reporting structures to see if we can inject more independence

• Perhaps consider an ‘inspectorate’ with real authority

• I don’t have all the answers

Thanks for listening!

Speaker 6 – Kelly Wyness (Natural Power)

Case Study 1: The Role of the ECoW on Large Scale Infrastructure Projects

Next up……

14 MtCO2 abated annually

8,965,917 equivalent (UK) homes

powered

75 GW project experience

(and counting)

32 countries of project

experience

330+ renewable experts

AEECoW Conference 30th March 2017

Date: 30th March 2017 Produced By: Kelly Wyness (Principal Environmental Consultant (Hydrology))

Produced For: The Association of Environmental and Ecological Clerks of Works

Natural Power Presentation The Role of the ECoW on Large Scale Infrastructure Projects

• Evolution of the ECoW • Project team and responsibilities • Timescales and programme • Pre Construction support • Construction support

Introduction Overview

04/04/2017 94

Historically Appointment of ecologists Protect ecological constraints Inherent expectation that advice on drainage and pollution prevention could also be given

Evolution of the ECoW A brief history

04/04/2017 95

Now

Multi-disciplinary role and, especially on large scale projects, requires a team and not a single person Significant experience and resources available

ECoW team can consist of the following specialisms – Environmental Management, Ecology, Hydrology, Noise, Waste, Landscape, Archaeology, Air Quality

Large scale infrastructure projects are likely to require Principal Contractors (PC) to

appoint their own Environmental Team (Environment Clerk of Works (ECoW) and/or Environmental Manager)

Project Team Project Team - Responsibilities

04/04/2017 96

Environmental Manager

Environmental point of contact for project Ensure all required environmental documentation is in place and updated as necessary Represent client in dealing with environmental issues on site Participate and, where necessary, lead in project meetings Carry out regular audits Support and organise the site based ECoW team

ECoW

To review and provide approval on environmental management RAMS To complete pre-construction and ongoing surveys in advance of works To regularly monitor and advise on the implementation of the mitigation Provide technical advice on the implementation of mitigation Provide tool box talks Communicate environmental incidents

Project Team (continued) Where do the Environmental Team sit?

04/04/2017 97

Principal Contractor Employer

Project Manager Site Manager/ Project Manager

Consultees (Scottish Example) • Scottish

Natural Heritage (SNH)

• Scottish Environment Protection Agency (SEPA)

• Historic Scotland (HS)

• Marine Scotland (MS)

• Local Authority

Employer Environment Team • Environmental

Project Manager • Environmental

Advisor • Environmental

Clerks of Work

Principal Contractor‘s Environmental Team • Environmental

Manager • Environmental Clerk

of Works

Specialists (including but not limited to): • Archaeology • Geology/soil science • Hydrology/

Hydrogeology • Ecology • Geomorphology • Landscape and Visual • Noise – onshore and

offshore • Transport • Air Quality

The requirement of the ECoW is also dependent upon who the client is

Auditor vs Assessor Environmental Manager can provide auditor role ECoW provides assessor role PC Environmental Team can have direct communication with employer environmental team as well as consultees

Early engagement between the Employer and the PC can help to manage timescales and deliver environmental management requirements.

Environmental surveys will have been completed to support planning application and post consent requirements. PC may be required to complete updated surveys to ensure contractor documentation is applicable.

Advice from ECoW can help to identify survey requirements and potential constraints to programme (especially at tender stage).

Timescales and Programme ECoW Support

04/04/2017 98

Planning of works – liaison with ECoW at the earliest opportunity to support programme requirements (including at tender stage).

Pre-construction – Production of relevant documentation by allowing for surveys to be carried out in line with Employer’s requirements.

Construction – Ongoing environmental support and update of environmental documentation via the provision of additional and/or detailed design information.

Programme and Timescales (continued) ECoW Support in Programme Management

04/04/2017 99

•Review Employers Requirements •Highlight surveys and

timescales •Potential pinch points?

Tendering Stage

•Consultation •Complete surveys •Flexibility in approach to

survey and documentation completion

Contract Award •Review Contractor

documentation •Application for environmental

licenses •Complete and Environmental

Documentation

Pre-Construction

•Ongoing review of mitigation and documentation •Update as necessary

Construction

Consultation with Regulators Completion of pre-construction surveys Reporting of findings in project environmental documentation (this can be a significant task )

Documentation can require refinement to take into account updated results Examples of documentation required:

Project Environmental Management Plan (overarching document that governs the environmental commitments) Construction Environmental Management Plan (work section specific document with detailed appendices)

Environmental Licence application Communication and liaison with Employer Environmental Team and potentially other contractors (flexibility and handover of documentation, agreeing the sharing of information)

Pre Construction Support

04/04/2017 100

The Environmental team would be responsible for implementing construction phase environmental management requirements. This can include:

Provide proactive, specialist guidance and advice regarding environmental controls Facilitate adherence to all elements set out in the Employer’s requirements and environmental documentation Consult directly with regulators/ stakeholders and Employer environmental team Attend project meetings Provide environmental training to the project team Conduct daily inspections on site Carry out joint inspections/audits with the Employer Investigate environmental incidents Undertake monthly environmental monitoring

To help a project succeed, the Environment team must:

Report and document Facilitate and engage in open communication Accept responsibilities as well as limitations

Construction Support

04/04/2017 101

ECoW team’s should be multi-disciplinary

Communication is key throughout the project – work together to achieve a shared goal. This includes open communication with the regulators

Practical – environmental management must be practical and specific to the sensitivities at individual locations. No site is the same

Flexibility – Approach to environmental management and surveys should be flexible that can adapt to, or inform the programme, whilst remaining intrinsically linked to good practice guidance and legislation

Summary Large Scale Infrastructure Projects

04/04/2017 102

Speaker 7 – Roger May (Marine Scotland)

The Role of the ECoW in Offshore Marine and the licensing process

Next up……

Marine Renewable Energy in Scotland-Use of ECoWs

Roger May Marine Scotland, Marine Laboratory, Aberdeen

Today’s presentation

• Marine Scotland • Legislation • Projects • Use of ECoWs • Example from Meygen • Conclusions

Marine Scotland • Marine Scotland

– Founded in April ’09 4 Divisions

• Science; • Compliance; • Planning and Policy; and • Performance/Aquaculture

• Licensing Operations Team (MS-LOT)

– Regulator under Policy and Planning – 29 staff based at Marine Laboratory in Aberdeen – Three sections

• General marine licensing • Business Improvement • Renewable (wave, wind and tide)

Consents and licences in Scotland • Marine Scotland Act and Marine and Coastal Access Act –Marine Licence from April

2011 • Section 36 of the Electricity Act 1989 (s.36) • Section 44 European Protected Species (EPS) • Town and Country Planning (Scotland) Act - Deemed planning • Energy Act (2004) Decommissioning issued by DECC (1st April change)

The Marine Acts

• In the Scottish Inshore Region (0-12nm) provisions for marine licensing are in the MARINE (SCOTLAND) ACT 2010;

• Royal assent in March ’10

• Provisions for marine licensing in the offshore waters (12-200nm) are laid down in the MARINE AND COASTAL ACCESS ACT 2009;

• The Marine (Scotland) Act provides for Section 36 consent and a Marine Licence applications to be considered together. Clause 35

Consent Condition-Environmental Clerk of Works

Prior to the Commencement of the Development, the Company must at its own expense, and with the approval of the Scottish Ministers in consultation with SNH, appoint an independent Environmental Clerk of Works (“ECoW”).

The ECoW must be appointed in time to review and approve the draft version of the first plan or programme submitted under this consent to the Scottish Ministers, and remain in post until agreed by Scottish Ministers. The

terms of appointment must be approved by Scottish Ministers in consultation with SNH.

The terms of the appointment must include, but not be limited to:

quality assurance of final draft versions of all plans and programmes required under this consent; responsibility for the monitoring and compliance of the consent conditions and the environmental mitigation

measures; provision of on-going advice and guidance to the Company in relation to achieving compliance with consent

conditions, including but not limited to the conditions relating to the CaP, CMS, EMP, PEMP, PS, and VMP; provision of reports on point c above to the Scottish Ministers at timescales to be determined by them;

inducting and toolbox talks to onsite construction teams on environmental policy and procedures and keeping a record of these;

monitoring that the Development is being constructed according to the plans and this consent and the Application, and complies with the regulations and legislation;

reviewing and reporting incidents/near misses and reporting any changes in procedures as a result; and agreement of a communication strategy with the Scottish Ministers.

Reason: To ensure effective monitoring of and compliance with the environmental mitigation and management

measures associated with the Development.

When ECoWs required • All S36 projects • Larger Marine Licence

(Hywind) • Insist on independent

ECoW if more than 5 turbines (Wind and Tide). This may change further if full accreditation available

• Meygen- Phase 1a 4 turbines out of 63 allowed to use internal ECoW for Phase 1a

Environmental Consents, Licences and Documents

Apr-17 Confidential and not for distribution 112

CONSENTS & LICENCES Copies MUST BE available on board every vessel - check there is a copy on YOUR vessel All vessel personnel MUST understand consent requirements / conditions

Document Expiry date Related to SeaPlanner ref Section 36 01/01/2047 Installation of TSC/TSS/TTG MAR-10-70-HSE-001-I-Section36.pdf Marine Licence 01/01/2041 Installation of TSC/TSS/TTG MAR-10-70-HSE-002-I-MarineLicence.pdf

Marine Licence 01/01/2041 TSC stability measures i.e. use of rock bags

European Protected Species (disturbance) Licence 04/11/18

Installation and O&M of TSC/TSS/TTG MS EPS 19 2016 - MeyGen - Turbine Deployment Licence

Marine Licence 05/01/17 Data fish deployment Licence expired therefore data fish can’t be used

European Protected Species (disturbance) Licence 04/11/18

Environmental monitoring equipment MS EPS 08 2016 - MeyGen - FLOWBEC Deployment - Licence

PLANS All vessel personnel MUST understand plans and their requirements Document Relate to SeaPlanner ref

Environmental Management Plan All works RHK-1A-40-HSE-002-F-EMPConstructionWorks.pdf Construction Method Statement All works MEY-1A-40-HSE-004-F-CMSConstructionWorks.pdf Navigation Safety Plan All works MEY-1A-40-HSE-005-F-NSPConstructionWorks.pdf Vessel Management Plan All works MEY-1A-40-HSE-006-F-VMPConstructionWorks.pdf ERCoP All works FSH-1A-40-HSE-013-F-ConstructionPhaseEmergencyResponseCooperationPlan.pdf

All MeyGen Project Phase 1a MUST adhere to the following

All vessel masters, vehicle operators, agents, contractors, subcontractors engaged in work MUST comply with Consent/Licence and their conditions

Environmental Consents, Licences and Documents


FORMS TO BE COMPLETED Know what forms you MUST complete to ensure meet consent / licence requirements Document Related to SeaPlanner ref Responsible

PRE OPERATIONS Transport Audit Sheet All works MEY-1A-70-HSE-012-I-TransportAuditSheet.xlsx ECoW Non-native Species Report All works MEY-1A-70-HSE-013-I-NonNativeReport.xlsx ECoW

DURING OPERATIONS Daily reporting requirements Marine Mammal Reporting All works MEY-1A-70-HSE-015-I-MarineMammalReportingSheet Vessel crew Reporting in the event of a spill or archaeological discovery SOPEP All works Olympic Ares document Vessel crew

Marine Archaeology All works Notification to be made of any discoveries via the Crown Estate Protocol for Archaeological Discoveries: Offshore Renewables Projects Vessel crew

POST OPERATIONS Deposit Audit Sheet All works MEY-1A-70-HSE-014-I-DepositAuditSheet ECoW

All MeyGen Project Phase 1a MUST adhere to the following

Environmental Clerk of Works (ECoW) • For January 2017 all ECoW correspondence sent to Cara Donovan

– Email: [email protected] – Phone: 07469854528

• Responsible for ensuring: – All licence / consent conditions are met – Any clarifications associated with the content of this ‘Environmental Requirements’ presentation – Pre and Post operations forms / reports submitted as required

Specific Environmental Requirements


Requirements fall into 3 broad categories: • Pre operations notifications

– Monthly reports / notifications at the beginning of each month – Confirmation prior to operations

• Practices that must be followed / forms to complete during operations • Post operations reporting requirements

Topics • Vessels • Seabed Deposits • Marine Mammals • Pollution Prevention • Invasive Non-native Species • Marine Archaeology • Waste Management

Marine Mammals


• All species of cetacean are European Protected Species (EPS) under Annex IV of the Habitats Directive (European Union (EU) Directive 92/43/EEC) because they are classified as being of conservation interest and protection is to maintain or restore favourable conservation status

• The Wildlife and Countryside Act (1981) provides an extension to existing protections for cetaceans from intentional disturbance to encompass protection from reckless disturbance as an offence

• Under the Marine (Scotland) Act 2010 it is an offence to kill, injure or take a seal at any time of year except to alleviate suffering

• It is an offence to harass seals at haul-out sites which have been identified for protection under Section 117 of the Marine (Scotland) Act 2010 • Entire coastline surrounding the MeyGen site classed as seal haul-out site

European Protected Species Licences in place that ‘allow for’ disturbance during offshore operations

Legislation

Marine Mammals


• When waiting for slack tide windows vessels will wait in areas where at least a 500m separation distance can be maintained from the shore to avoid disturbance of seal haul-out sites

• Defined vessel transit routes between ports and MeyGen site ensure the vessels keep an adequate separation distance from any sensitive seal haul-out sites

Mitigation

Marine Mammals


• Daily marine mammal reporting requirements – Maintenance of a daily marine mammal log on all vessels recording:

• Any marine mammal sighting • Any interaction with a marine mammal

– All vessel crew have a responsibility to report any sighting / interaction – Responsibility of a dedicated person on vessel bridge to ensure form completed

• Pete Fido • Charles Ramauge

– Nil response required if no sightings (during each shift)

Mitigation

Guides available to help identify

species

Responsible person on vessel bridge must notify a

nil return if no sightings during their shift

Conclusions • MS and Stakeholders have identified the need for ECoWs in major marine

developments (Not just renewables but for major harbour developments as well).

• MS favours use of an ECoW whose role includes both Audit and Advisory responsibilities. With a two year lead time MS expects early appointment of ECoW to help with design of consent plans.

• MS has set a limit at minimum at which point an ECoW must be externally employed

• MS would favour accreditation scheme for ECoWs to ensure a level of competence in the role.

Contacts

Marine Scotland – Licensing Operations Team Marine Laboratory PO Box 101 375 Victoria Road Aberdeen AB11 (DB Direct Line +44 (0)1224 285579 Fax +44 (0) 1224295524 [email protected] Web http://www.scotland.gov.uk/Topics/marine/Licensing/marine/Applications Marine Scotland interactive provides access to a Current Renewable Projects layer which displays the information below. Where available, environmental statements and consultation documents have been integrated into this layer and can be downloaded directly through Google Earth

mailto:[email protected]

http://www.scotland.gov.uk/Topics/marine/Licensing/marine/Applications

http://www.scotland.gov.uk/Topics/marine/Licensing/marine/Applications

http://www.scotland.gov.uk/Topics/marine/science/MSInteractive/

http://www.scotland.gov.uk/Topics/marine/science/MSInteractive/Themes/renewables-register

Speaker 8 – Benjamin King (Royal HaskoningDHV)

Case Study 2: Role of the Offshore ECoW

Next up……

Offshore ECoW – Renewables Projects Wet feet not required

Benjamin King 30 March 2017 Open

30 March 2017

Introduction Offshore ECoW for Moray Offshore Wind Farm;

Informal position seen as benefit by clients. Consent condition for both Moray Firth and Beatrice Wind Farms – Scotland. Consent condition- Ecological Clerk of Works really EnvCoW. Flexible condition - developers have freedom to use ECoW to support. Marine Scotland and SNH have provided guidance role.

Role also known as –Environmental Liaison Officer.

Usually not a consent condition.

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30 March 2017

Eg. Consent Condition Support with discharge of consent

conditions. Specialist advice on environmental

management plans. Consent compliance. Set up systems for, and carry out

compliance monitoring. ‘Independent’ compliance reporting to

regulator. Site inductions/environmental awareness.

PART PRE-CONSTRUCTION SUPPORT PART DURING CONSTRUCTION SUPPORT

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30 March 2017

Benefits of having an ECoW Developers ‘encouraged’ to seek advice from

experienced professionals; Support to ensure management plans are

compliant and fit for purpose. Streamlines consultation. Compliance with environmental legislation.

Neutral party- protecting the developer through compliance monitoring and helping regulator to ensure suitable monitoring and reporting protocols are in place.

Reduces the risk of non-compliance, benefits both regulator and developer.

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30 March 2017

Pre-construction advice Risk reduction- approving EMPs and reporting;

Environmental risk (both developer and regulator). Financial risk- reduces risk of non-compliance but also allows developers to be

aware of mitigation responsibilities. Provides assurance to regulators that procedures on place- especially in sensitive

habitats, to reduce impacts (and will be managed). Environmental advice;

Help streamline discharge of consent conditions. help ensure commitments are robust, practically implementable and not excessive.

Will support both developer and regulator to negotiate a practical reporting system by understanding practicalities in the field.

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30 March 2017

Examples of typical offshore wind farm EMPs Construction Method Statement (CMS) Vessel Management Plan (VMP) Marine mammal mitigation Plan (MMMP) Project Environmental Monitoring Plan

(PEMP) Construction Environmental Management

Plan (CEMP). Cable Installation Plan (CaP) O&M Plan Decommissioning Plan Piling strategy (PS) Navigational Safety Plan (NSP) Et al. – Project Specific Requirments.

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30 March 2017

Construction Not practical to have ECoW offshore;

Multiple construction/support vessels. Wide range of different activities. Added HSE risk.

Systems must be set up that required data from the field, without ECoW being present.

Data requirements must be practical and proportionate.

Reliant on construction contractors/client to provide reporting data.

Auditing and educating of contractors through reporting.

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30 March 2017

Inductions/tool box talks Key requirement of any ECoW role- education Offshore construction site;

Big- different environmental areas/mitigation requirements.

Different construction activities- variety of EMPs that need to be communicated to different contractors.

Offshore/onshore and intertidal components- different activities/interfaces/considerations.

ECoW not in the field- toolbox talks need to be organised well, but ECoW needs to be remotely available to support.

Emergency procedures need to be communicated clearly (and understood) by contractors- limited ability for ECoW to act in the field.

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30 March 2017

Key interfaces

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ECoW

Client HSE Team

Client Consents

team

Offshore client

rep/marine controller

offshore construction

team

Regulator

30 March 2017

Summary Little presence in the field – dependant on information

from others. Input to environmental management systems beneficial-

pre-construction. Reliant on setting up good management and reporting

systems. De-risking for both regulator and developer;

Regulator- gains information they require. Developer- expert advice on being compliant. Both- independent specialist to provide oversight and

advice.

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Lunch and Networking (Dunnage Room)

Session 3: Workshops and

Discussion Panel

Introduction to Workshops: Steve Jackson-Matthews

Workshop 1: ECoWs and the Law (Still Room) Facilitators: Steve Jackson-Matthews (LUC) and Liv Burns (CH2M) Workshop 2: Emerging technology for ECoWs (Dunnage Room) Facilitators: Juli Titherington and Joe Nunn (LUC)

Tea & Coffee Break (Dunnage Room)

Discussion Panel (Still Room)

Regulators – Environmental Compliance – Meet the panel of experts

Chaired by Prof George Fleming – AEECoW and

EnviroCentre

Round up and Final Questions

Thank you!