Clearing the Waters for All

WFD guidance for developers and

regulators in estuarine and coastal waters

Mike Best

Environment Agency

Estuarine and Coastal Monitoring and Assessment Service

Background

All regulatory and licensing authorities must have due regard to WFD under their duties

Includes: MMO

Port and Harbour Authorities

Local Authorities

IFCAs

EA

Must be able to show applicant has done this before license is granted

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Original guidance: Clearing the Waters for Dredging and Disposal (2012)

• Large and wordy

But guidance required for other activities

New Guidance must be: for all activities in estuarine and coastal waters

Logical easy-to-use framework,

focussed on WFD quality elements (“parameters”),

Expand upon Clearing the Waters

“Clearing the Waters”

Activity Description of activity

Coastal and flood defence Flood defences, sea defences, barrages, weirs, beach replenishment, managed

realignment

Coastal docks, ports and marina Dock wall, quay wharf, lock gates, training wall, breakwater, land claim/reclamation

Navigation including buoys and mooring Buoy/navigation work, anchoring, moorings, mooring dolphin

Pontoons and slipways Piers and slip ways, marine pontoons

Infrastructure for industry and energy e.g.

turbines, aquaculture lays

Wind turbines, tidal and wave turbines, pilings, aquaculture rigs/lays

Cable and pipe laying Laying, maintaining and decommissioning pipelines, intake and outfall pipelines and cables

including scour protection

Diffuse inputs Diffuse inputs including run off from agricultural fields and roads.

Point source inputs Sewage effluent, industrial discharge, thermal discharge

Leisure and tourism Bait collection, angling, small motor vessels, walking over habitat, coastal tourist sites

(public beaches and resorts), recreational activities (e.g. boating, yachting, diving, etc)

Shellfish Aquaculture Bivalve cultivation on bottom, suspended substrata.

Fin Fish Aquaculture Caged fin fish

Active Fishing Trawling, dredging

Passive Fishing Potting, staked nets and lines

Dredging Aggregate extraction, navigational and maintenance dredging

Dredge spoil disposal Disposal of dredge spoil

Shipping

Anchoring, harbour navigation (mooring, beaching, launching etc.), vessel movement

Research and survey Scientific research and exploration, seismic surveys

Extraction (of substrate) Removal of substrate from the sea floor

Military Activities in air, water surface, water column and seabed including vessel movement, arms

testing and training activities

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Where does WFD fit in the licensing process?

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Key features of new guidance

Simple risk-based screening

Expectation fewer projects / activities will require further detailed assessment

All quality elements should be assessed

Deterioration at water body and element level should be avoided in all water bodies - including HMWBs

WFD "Quality Elements"

Biological Quality Elements Phytoplankton

Macroalgae (eg Rocky Shore Seaweeds; Nuisance Green algae)

Angiosperms (eg Saltmarsh, Seagrass)

Benthic invertebrate Fauna

Fish Fauna

Hydromorphological Quality Elements Tidal Regime

Morphological Conditions

Physico-chemical Quality Elements General Conditions (nutrients, DO, Temp., Transparency)

Pollutants.

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Pre-screening

Screening Hydromorphology, Biology, Water Quality,

Protected Areas

Further Assessment Deterioration, Cumulative and Measures

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Pre-Screening process

YES

YES to both

NO to one or both

Was the activity carried out between 2012 and 2014?

AND

Does it have an existing WFD assessment?

Go to screening process

Have there been:

Any significant changes to the physical, spatial or temporal characteristics of the activity (e.g. methodology, footprint, depth, volume, timing or other physical

parameter); or

Any known pollution events since the activity was last carried out?

Is there any indication that the activity is contributing to failures of protected areas to meet their objectives?

Go to screening process

Is the water body at good chemical status and good ecological status or good ecological potential?

No further WFD compliance assessment is required

Is this a new activity or project? Go to screening process

YES

NO

Is this an emergency, MMO fast track or WFD low risk activity?

No further WFD compliance assessment is required

YES

NO

NO

NO Go to screening process

YES

YES

NO

Is the proposed activity planned in or near a high status water body or a water body with high status

for hydromorphology?

Go to screening process

Emergency activities

Safety directions under the Merchant Shipping Act 1995

Salvage activities

Fire fighting

Air accident investigation

Deposit of marine chemicals and marine oil treatment substances etc

Deposit of equipment to control, contain or recover oil etc

Accidental deposits - removal activity

Emergency works in response to flood or flood risk

Use of vehicles to remove litter, seaweed or dead animals from beaches

Removal of obstruction or danger to navigation

Coastguard activities - safety purposes and training

Deposit and use of flares etc - safety purposes and training

Cables and pipelines - authorised emergency inspection and repair

MMO fast track

Minor maintenance activities

Clearance dredging

Placement of scaffolding and ladders

Markers and buoys

Minor removals from the seabed

Taking of samples and other intrusive investigations

Burials of human remains at sea.

WFD low risk activities

Maintenance of existing structures

Re-pointing of brick work/block work structures

Void filling (unwanted gaps that have opened in solid structures)

Re-positioning rock, rubble or block work on an existing structure

Replacing elements of an existing structure

Re-facing, skimming or covering existing structures

Repair work to existing structures

Maintenance, repair or replacement of existing structures

Cleaning and/or painting of a structure and graffiti removal

Maintenance of pumps at pumping stations

Blockage/obstruction removal at a structure

Removal or management of in-stream debris/rubbish from culverts and trash screens

Maintenance of coast protection, drainage and flood defence works

Maintenance of harbour works

Temporary works

Temporary scaffolding to enable bridge re-pointing

Temporary flood defences

Temporary excavation of trial pits or boreholes (up to 1m3)

Temporary structural investigation works such as intrusive tests (up to 1m3) and non-intrusive surveys

Bridge deck/parapet replacement/repair works

Replacing road, rail, footpath, or other surface on a bridge

Replacement or dismantling of any pipes, cables or service crossing over a watercourse

Temporary markers

Scientific instruments

Samples for testing or analysis

Trash removal Removal of urban trash from channel and banks. This does not include the removal or gravel or woody debris

Other activities

Markers for European marine sites and marine conservation zones

Launching of vessels etc

Diver trails within restricted areas

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Screening

5 Sections Hydromorphology (2 steps)

Biology – habitats (2 Steps)

Biology – Fish (1 Step)

Water Quality (2 Steps)

Protected Areas (1 step)

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Screening

Pre-screening

Biology: FishBiology: Habitats Water Quality Protected AreasHydromorphology

Hydromorphology

Step 1

Hydromorphology

Step 2

(High Status)

Biology: Habitats

Step 2

Biology: Habitats

Step1

Biology: Fish

Step 1

Water Quality

Step 2a:

Chemistry Mixing

Zone

Water Quality

Step 1

Water Quality

Step 2b:

Chemistry No

Mixing Zone

Protected Areas

Step 1

Further Assessment

Deterioration, Cumulative Impacts and

Measures

Hydromorphology screening step 1

YES

YES Go to hydromorphology screening step 2

Go to biology screening step 1*

Is the water body heavily modified for the same use as a modification

in the proposed project? Go to further assessment

NO

Is the proposal in a water body with High status for hydromorphology?

NO

Information in:

Waterbody information table

Hydromorphology screening step 2

Is the hydromorphology ‘At risk’ from the activity (see

Table 2.3)?

Is the hydromorphology risk category ‘May be at risk’ in Table

2.3?

No further consideration of hydromorphology required for WFD

compliance purposes

NO

NO

Go to further assessment

Go to biology screening step 2*

* where WFD habitats will act as a proxy for hydromorphology impacts

YES

YES

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Table 2.3

Activity or Modification Risk category

Impoundments/coastal and flood defence structures

At risk Land claim

Dredge spoil disposal

Dredging and extraction

Infrastructure for industry and energy

May be at risk Point source discharge

Pontoons and slipways

Biology Screening Step 1 – WFD Habitats

NO

YES

YES

YES / Not sure

Are there any WFD sensitive habitats in the water body (see Table 2.4)?

Is the footprint of the activity directly over, or within 500m of, any WFD sensitive habitats (see Table 2.4)?

Is the footprint of the activity ≥0.5km2? *

NO

NO

No further consideration of habitats is required for WFD compliance purposes

YES / Not sure

Go to biology screening step 2

No further consideration of habitats is required for WFD compliance purposes

Go to biology screening step 2

Is the footprint of the activity ≥5% of the water body area?

NO

Go to biology screening step 2

* For all dredging activity the total footprint

must be calculated as 1.5 x the actual dredge

area. For other projects it is usually the

physical space taken up by the structure and

the construction site.

Info

rmation in:

Wate

rbody info

rmation t

able

PDF Habitat

maps

“Magic”

Habitat maps

WFD Quality element habitats (Table 2.4) WFD sensitive habitats

Intertidal Seagrass

Saltmarsh

Subtidal Seagrass

Chalk reef

Clam and Oyster beds (including cockles, native oysters)

Mäerl

Mussel beds (including Common or blue mussel (Mytilus) and Horse Mussel)( Modiolus)

Polychaete reef (including Sabellaria, Serupilid and Lanice)

Subtidal kelp beds

WFD habitats for consideration

Gravel and cobbles

Intertidal sand and mud

Subtidal sand and mud

Rocky shore

Subtidal boulder field

Subtidal rocky reef

Information in:

Waterbody information table

http://www.magic.gov.uk/MagicMap.aspx

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Can do a site check

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Biology Screening Step 2

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YES Does your activity fall into

the ‘At risk’ category in Table 2.5?

Go to further assessment

Is the footprint of the activity >1% of the WFD habitat?

NO

NO No further consideration of habitats required for WFD compliance purposes

YES Go to further assessment

Information in:

Waterbody information table

Table 2.5

Category Activity

Risk category

WFD sensitive

habitats

WFD habitats

for

consideration

Construction Coastal and flood defence At risk At risk

Coastal and flood defence (maintenance) May be at risk May be at risk

Coastal docks, ports and marina At risk At risk

Navigation including buoys and mooring At risk May be at risk

Pontoons and slipways At risk May be at risk

Infrastructure for industry and energy e.g. turbines, aquaculture lays At risk At risk

Cable and pipe laying May be at risk May be at risk

Discharges to water Diffuse inputs At risk May be at risk

Point source inputs At risk At risk

Recreation Leisure and tourism May be at risk May be at risk

Fishing/fisheries Shellfish aquaculture At risk At risk

Finfish aquaculture At risk At risk

Active fishing At risk At risk

Passive fishing At risk May be at risk

Physical works Dredging (capital) At risk May be at risk

Dredging (maintenance) May be at risk May be at risk

Dredge spoil disposal At risk May be at risk

Extraction of substrate At risk May be at risk

Transport Shipping At risk May be at risk

Research and survey Research and survey May be at risk May be at risk

Military Military sea surface, water column and seabed activities At risk May be at risk

Biology Screening - Fish

YES

NO to both

YES to one or both

Is the activity occurring in or likely to impact on a transitional water

body?

2. Could the activity present a barrier to fish movement or migration or affect the flow regime of

the estuary?

3. Is there a significant risk of fish becoming impinged or entrained due to the project?

YES

No further consideration of fish is required for WFD compliance

purposes

NO

Go to further assessment

Is the activity located within the intertidal zone or in water less than 5m

deep?

YES

NO

1. Is the activity near any fish spawning grounds?

AND / OR

No further consideration of fish is required for WFD compliance

purposes

Information in:

Waterbody information table

Habitat

maps

Water Quality Screening step 1 YES / Don’t

know 1. Could your activity cause a change in the chemical status of water either by discharge or disturbance of the sediment?

Go to screening step 2 for chemistry

YES 2. Is your activity planned in a water body with history of significant and persistent algal blooms or toxic algal blooms?

Go to further assessment

3. Could your activity cause a change in transparency, temperature, salinity, dissolved oxygen, nutrient or microbial patterns continuously for a significant period (>14 days)?

AND

AND

No further consideration of physico-chemistry required for WFD compliance

No further consideration of chemistry required for WFD compliance NO

No further consideration of phytoplankton required for WFD compliance

NO

YES Go to further assessment

NO

Information in:

Waterbody information table

Chemistry screening step 2a- “Point source” with mixing zone

Could your activity cause a failure

in the Environmental Quality

Standard (EQS) in the water body?

Go to further assessment using H1 guidance, Annex D1

NO

No further consideration of chemistry required for WFD

compliance purposes

YES

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Chemistry screening step 2b- “Physical Works”without mixing zone

NO

AND

YES

No further consideration of chemistry is required for WFD compliance purposes

3. Are any contaminants in the sediments over Cefas Action Level 1?

AND / OR

Have there been any chemical failures (biota or water column) in the water body?

Go to further assessment YES / Not Sure

NO

1. Are any of the chemicals which may be used or released during the activity EQSD chemicals (e.g. WFD specific pollutants, priority or priority hazardous substances?)

Go to further assessment

2. Could the activity disturb any sediment?

YES

No further consideration of chemistry is required for WFD compliance purposes

“chemicals Table”

MMO website?

Information in:

Waterbody information table

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Protected Area Screening

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NO

Is the activity occurring in a protected area or within 2km of a protected area?

Go to further assessment

YES

No further consideration of protected areas is required for WFD compliance purposes

Information in:

Waterbody information table

Habitat

maps

Protected Area Relevant legislation

Special Areas of Conservation (SAC) Habitats Directive

Special Protected Areas (SPA) Birds Directive

Shellfish waters Shellfish Waters Directive (superseded by WFD in

2013)

Bathing Waters Bathing Waters Directive

Nitrate Vulnerable Zones (polluted and

sensitive) Nitrates Directive

Nutrient Sensitive Areas (polluted or

eutrophic) UWWTD

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Screening Completed

Easier to fill in a template ?

Provides simple audit trail

Whatever not screened out, will be in further assessment.

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Race Bank

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Don’t Fear Further Assessment

Consideration of screened elements and any steps to reduce impacts.

Proportionate to risk (but individually unique)

Cause a non-temporary deterioration element / WB

Prevent WB reaching its objectives

May need to consider: the current status of the water body and the screened in element

the likelihood of an effect and deterioration in status

the potential effect activity on its own or in combination / cumulatively with other pressures on the water body.

mitigation measures either in place or that could be undertaken

the WFD “aim to improve” objective for water bodies not yet at good status

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A quick exit from further Assessment

Change the material / substances being used?

Change the method employed by the activity?

Change the timing of the activity?

Change the location?

Is activity too short to have a significant impact?

<3 moths - <3 years

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Quality element Estuary Coast

Biological

Phytoplankton 6 months 6 months

Other aquatic flora 3 years 3 years

Macro invertebrates 3 years 3 years

Fish 3 years N/A

Physico-chemical

Thermal conditions 3 months 3 months

Oxygenation 3 months 3 months

Salinity 3 months 3 months

Nutrient status 3 months 3 months

Other pollutants 3 months 3 months

Priority substances 1 month 1 month WFD sensitive habitats

Intertidal Seagrass 1 year

Saltmarsh 0.5-1 year

Subtidal Seagrass 1 year

Chalk reef 0.5-1 year

Clam and Oyster beds (including cockles, native

oysters)

6 months

Mäerl 1 month

Mussel beds (including Common or blue mussel

(Mytilus) and horse mussel)( Modiolus)

6 months

Polychaete reef (including Sabellaria, Serupilid

and Lanice)

1 month

Subtidal kelp beds 3 months

WFD habitats for consideration

Gravel and cobbles 1 year

Intertidal sand and mud 1 year

Subtidal sand and mud 1 year

Rocky shore 1 year

Subtidal boulder field 1 year

Subtidal rocky reef 1 year

Mitigation and Measures

Mitigate impacts / prevent deterioration / reach objectives

Restore or enhance status

RBMP measures Programme of Measures

Activity-specific measures

What’s in place ?

What can be added ?

Technically feasible / Cost-Benefit test

Will it make a difference?

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The End

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