Esk River Improvement Group Meeting Minutes of Meeting – 10am, Monday 20th May 2024, Microsoft Teams28/5/2024 Attendance: Colin Beattie MSP, Rob Munn (MSP Office), Scott Fraser (Scottish Water), Steven Boon (Scottish Water), Ann Stewart-Kmicha (Dalkeith & District Community Council), Barbara Mackie (Eskbank Newbattle Community Council) Pauline Crerar (Fisherrow Harbour & Seafront Association), Anne Hyatt (Roslin and Bilston Community Council), John Batty (Coal Authority), Peter Finnie (SEPA), Katrina Wilson (SEPA), Conor Price (Musselburgh Flood Protection Scheme), Roddy Henry (Newbattle Abbey College), Fiona O’Mahony (NatureScot)
Apologies: Claire Tochel (Fisherrow Harbour & Seafront Association), Joy Godfrey (Eskbank Newbattle Shona Grant (East Lothian Council), Rachael Langfield (Coal Authority), Roger Croft (Esk Valley Trust), Rebecca Lewis (Riverfly on the Esk/Buglife), Rachael Elliott (NatureScot), Anne Hyatt (Roslin and Bilston Community Council), Philip Duncan (Musselburgh Racecourse) Rob Mitchell (SEPA) Welcome CB welcomed everyone to the meeting and the previous minutes were approved with some minor corrections. 1. Scottish Water – Scott Fraser/Steven Boon SF updated on the actions from the last meeting
2. East Lothian Council no update 3. Midlothian Council no update 4. Forth River Trust no update 5. Coal Authority – John Batty JB updated that there was now commercial board approval but still waiting for budget approval. CB offered to follow up as the project is of great importance. Reported a delay in the demolition due to vandalism and arson on the site. A new structural report has been prepared for the demolition contractor and the demolition works should take place in the next month. ASK commented that the damage in the community was much wider than the Coal Authority site. CB asked about the action from the last meeting regarding the ochre recycling and whether that is taken to Millerhill. JB the question has been asked but answer is not available will be followed up and reported back to a future meeting. CB asked if residents’ communication had been shared with community councils ASK said they had not, and the last communication CCs had seen was sent at the beginning of the year JB to follow-up and ensure community councils are receiving regular updates. 6. SEPA – Katrina Wilson KW gave an update on the rural team visits to farms. There have been 31 visits to farms in the Esk river catchment since last year and 25 were found to be fully compliant. There were 6 farms where there were compliance issues though these were minor and to do with storage of oil and liquid fertiliser. 4 farms had multiple compliance issues. All farms had been given updates and advised of the findings and all non-compliances would be revisited this year. The good news is that there was no pollution and proactive action will avoid pollution in the future. CB updated the meeting that an invite had gone out to the public health team at NHS Lothian to address the risks to human health of the pollution levels in the Esk. No one is in attendance today so we will go back to them. He then opened for any questions. ASK there has been no movement of the removal of the weirs at New Mills and Iron Mills and asked for an update. KW The updates are not available on that, but an email went to RMu this morning about this. RMu said he’s had several ERIG emails this morning and would check after the meeting PF confirmed Rob Mitchell (SEPA) said he’d provide an update at a future meeting. 7. Riverfly on the Esk/Buglife no report PC reported as a volunteer that they have been unable to do much testing in the last few months because of the amount of rain meaning the river level was too high. 8. Musselburgh Flood Protection Scheme – Conor Price CP presented a series of slides to update the meeting (to be made available as pdf after the meeting). The scheme has been notified as per the legislation on Thursday 21st March. The process is formal and is managed by ELC legal services and not the MFPS team. The period for comment ran from 21st March until 24th April. There were two parts 1) you could object to the scheme, and 2) you could make representation on the environmental impact assessment. The legal team are now engaged in categorisation of the of all the correspondence to make sure it is all recorded and fully considered. CP verbally thanked all who have contributed comment including members of this group. On the ‘Active Toun’ active travel measure which sit within the footprint of the MFPS the Council took the decision that these could not be considered as part of the flood scheme and will be dealt with separately and the Council will decide how that is dealt with over the summer. Additional erosion assessment will be carried out via Dynamic Coast. Countryside Services held an invasive non-native species steering group meeting in February and work is ongoing for treatment of invasive species largely by volunteers using digital resources to map where it is and for others to carry out the treatment, the aim is to achieve no single plant flowering this summer. There is work being carried out today to deal with Himalayan Balsam. There will be a programme of activities which I can share for circulation. Parallel to this is the Musselburgh River Restoration project as parts of which are intended to be delivered by the proposed scheme. ELC have engaged Forth Rivers Consulting to undertake river habitat surveys and weir river surveys. These will help determine the options for river restoration to move that process forward. There has been some confusion on the terms of the Habitat Regulations Assessment (HRA) and what is required under the scheme it is not need ed for the notification of the scheme. There are extra summer bird surveys in the seawall location because a gap has been identified in current surveys which impacted the comprehensiveness and integrity of the HRA there. CP then updated on the formal notification on the MFPS. There were 11,000 letters to organisations and individuals plus notices in relevant areas and notices in newspapers all in March. The documents were made available at three physical venues. They remain available online and remain available at the three venues if anyone wishes to view them but are now boxed rather than on display. There was not a huge number of people turning up at the venues to view them, there was a much larger trend online. There are objections and representations as outlined before these can be complex some are short and clear some 30-40 pages long some and some cover both. Reiterated that this is a legal process and will take time. Aware that there is a desire for responses to the submissions, but it is not possible to respond individually to points raised. Will be producing a new issue of the newsletter to keep people informed should be emailed out in the next three weeks with physical copies being sent to every address in the EH21 postcode. Opened for questions. CB shared that he had raised the funding of the scheme with the Scottish Government and that he’d been due to meet with the Cabinet Secretary on the 21st of March, but the meeting had been cancelled as a result of the start of the statutory process which landed on the same day. He would continue to seek answers on the funding. CP explained that to qualify for funding any flood protection schemes had to be notified to the SG by 31st March and his understanding is that 3-4 schemes were notified by that date. Other schemes that did not meet that deadline would not now be part of cycle 1 of flood protection schemes taken forward which should relieve funding pressure. CB reiterated that he would continue to try and find out more regarding the scheme funding. ASK raised the scheme plans were still on display at Dalkeith Library and not boxed. CP thanked her and said he would follow up after the meeting and said the library should now be displaying a poster informing users that the documents remain in the library for public inspection. 8. AOB Meeting ends at 10:55 Summary of Actions Scottish Water
Coal Authority
SEPA
Musselburgh Flood Protection scheme
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Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Rob Munn (MSP Office), Steven Boon, Scott Fraser, Raymond Hope (Scottish Water), Peter Finnie, Katrina Wilson, Chris Gall, Rob Mitchell, Ruth Stidson (SEPA), Rachel Langfield, John Batty (Coal Authority), Edel Ryan, Colin Davidson, Alan Heatley (Midlothian Council), Rebecca Lewis (Riverfly on the Esk/Buglife), Rachael Warrington, Conor Price (Musselburgh Flood Protection Scheme), Ann Stewart-Kmicha (Dalkeith & District Community Council), Claire Tochel, Pauline Crerar (Fisherrow Harbour & Seafront Association), Joy Godfrey (Eskbank & Newbattle CC), Rory Sandison (Nature Scot), Roger Croft (Esk Valley Trust) Apologies: David Ogilvie (SEPA), Shona Grant (East Lothian Council), Ross Hughes (Forth Rivers Trust), Paul Butler (SEPA), Rachael Elliott (Nature Scotland), Anne Hyatt (Roslin and Bilston Community Council), Philip Duncan (Musselburgh Racecourse), Audrey Murray (Enjoy Leisure), Derek Oliver (Midlothian Council)
Welcome CB welcomed everyone to the meeting Previous minutes were approved subject the following check regarding a question from ASK (DDCC) regarding future funding of Ranger service at Gladhouse. Transcript/notes of meeting to be checked. CB Highlighted the action points in the minutes and asked that these be covered by the relevant organisations when the meeting get to their section. 1. Scottish Water – Steven Boon (SB) / Scott Fraser (SF) SB Esk pumping station – temporary pumps still in place. Everything now in place to carry out works and completion is due towards the end of the year. The pumps have to be moved first. There is a void that has opened up around the pumping station which needs to be resolved and works are ongoing on that. The widening of the temporary path will be looked at this week will confirm and let the group know Lord Ancrum Wood – project to start on site in February with arrangements being made with the council regarding the school being built there to make sure that any work that would impact on the school site is carried out first. Eastfield pumping station – SW committed to carrying out some work there replacing the hydraulic ends on all the pumps. The pipework has been wrapped to seal them and will be replaced with new pipework and we can see that the pumping station is exceeding 950 litres per second and can achieve in excess of that. We’re hitting licence and doing it at 40% less electricity SF added the following updates: . At previous meetings there were questions about where the supply of water comes from to what areas and there is a service on the Scottish Water website where by putting in a postcode it shows the source of supply and reports on water quality https://www.scottishwater.co.uk/yourhome/your-water/water-quality/water-quality. . Improving Urban waters route map https://readymag.website/ScottishWater/IUW/– work on the upgrades to combined sewer overflows installing monitors. . Regarding the Ranger service at Gladhouse I’ll check on that and get back. There are issues with improving parking at that site as well SB There is a commitment to install 2.5 thousand network monitors across Scotland. Work on this is moving at pace as the commitment is to complete this work by the end of 2024 so that monitoring is up and running. I can report back on progress on the Esk. There are 380 live now and SW can look at flows now and identify areas for work. PC asked about monitors on the Esk. SB I can report back on progress and locations on the Esk. RLe asked about dam releases so she can alert her members when these are happening. SF advised he was looking at a way to deal with these and will contact RLe direct. 2. Forth Rivers Trust no one present; no report. 3. Coal Authority – Rachael Langfield (RL) RL Update on the Dalkeith mine water treatment scheme. The scheme has been approved by the Coal Authority leadership team. In process of getting approvals from the Department for Energy Security and Net Zero. Have a sponsor and the seeking approval for the business case, also have to get approval from the Commercial Approval Board (CAB) for the tender process for the project. CAB meeting is due 7th Feb and are looking at approvals running in parallel. Continuing to run flows and chemistry at the site with additional flow surveys to make sure the details of the project are accurate. Have sent out a letter to residents giving a brief update on progress, particularly the approvals process and following approval will look at further comms including a potential drop-in session with residents. Hoping to share that with SEPA. Arranging a disconnection on the site of existing utilities which will lead to some traffic disruption to New Mills Rd over the next few weeks. While that is undertaken will carry out demolition of buildings dependent on contractor resource. Will update on approvals and progress at the next meeting. CB asked about the disposal of the by-product of the system specifically the iron ore and the ochre RL CA have set up a contract to sell the ochre to use in anaerobic digester companies which they use as part of sewage treatment works. CA have a target of 95% of ochre waste will go to other use rather than landfill CB what about the manganese? RL until we start treating for the iron, we don’t know what level of the manganese is going to drop out naturally, so that will be a future project. We’ve got to deal with the iron before we can understand the level of treatment required and how much disposal CB In terms of bulk the iron will make up most of what’s coming out? RL Yes, there is a much greater volume iron compared to the manganese which is a smaller part. It’s just the contaminant impact it has on the watercourse. CB You indicated that the demolition of the current buildings was subject to the contractor’s resources? Have they got it pencilled in? RL Yes, it is coming up to the end of the financial year and there will be a bid to spend the money. My project manager is going to give me an update later this week to get this pushed forward. CB The CAB meeting on the 7th is obviously a key meeting, have you had any feedback on any issues that might derail the approvals? With budget constraints and inflation people are twitchy that a project might get derailed or delayed. RL No, the Commercial Assurance Board is more about the procurement route checking we’re following the procurement rules and making sure we’re achieving best value. The bigger one is the departmental sponsor to sign off on the business case itself. RLe Interested to hear the ochre going to anaerobic digesters and asked if it was going to Millerhill as its local so sustainable. RL I’ll check on where it goes and report back. It would be good if it was in the local area. ASK Would it be possible to get a copy of the local resident’s communication to the Community Council? And the date it went to residents as well. RL Yes of course I can get it sent to you. And I’ll check with the project manager when the communication went out and let you know. JG Can the communication be sent to Eskbank and Newbattle Community Council as well? RL yes, of course PB (SEPA) Thanks for the update and happy to join the drop-in session when its arranged. (Agenda was adjusted at this point as the meeting was waiting for Ruth from SEPA to join the meeting) 4. Riverfly on the Esk/Buglife - Rebecca Lewis (RLe) RLe Starting with Riverfly on the Esk we’ll be moving into our 6 th year of the community citizen science project and we’re looking at piloting morph on the Esk and I’ve been working with SEPA and hoping to get funding to start the scheme. Looking at habitat features and the riparian areas as well as the channel to add to the data we are collecting hoping it will provide funded training to more volunteers in the community and are interested in widening the scope beyond invertebrates. We are going to be working with Keep Scotland Beautiful and Fisherrow Harbour on an event to do with their project Upstream Battle which is focussing on litter along rivers and the implications of that reaching the sea which we’d like to stop. The event was postponed because of the storm passing through. We’ve also ordered more testing kits, so we’ll be continuing to do nitrate and phosphate testing at our monthly monitoring sites along with the invertebrate data we’re collecting. We’ve been seeing elevated levels of nitrates over the winter months adding to the information we are collecting. All this is open source, and we have an event for the volunteers with a couple of specialists to talk about what the data means. We are collating all this data and I want to start sharing it more widely with the community. We found something special, a Trichoptera which is a caddis at one of our sites and it’s only the second recording in the East Coast of Scotland so that was exciting news. I’ve been working up an event with the Ranger (Elspeth) at Gladhouse and hope we can do more in the future. Moving on to guardians of our river which is the Buglife project. When it was launched, we aimed to train 15 groups over two years to help monitor the health of the river and at the end of the year we had 28 groups trained across Scotland. Some of these groups are now obtaining their own funding to make improvements on their local river. We’ve had over 500 people getting in touch, individuals, and groups. As a result, we have a new member of staff who’s got 15 years’ experience identifying freshwater invertebrates. We’ll continue to build local partnerships with guardians of our rivers. We visited the SEPA offices to explore how we can work more closely together which was very positive. I can share maps showing the distribution of groups across the country to give this group an insight. CB Can you put that link in the chat? RLe I’ll try to but if not, I’ll attach to an email and circulate. CB Thanks for the update it’s always interesting to hear what your groups are up to. Are there any questions to Rebecca? There were no questions. CB As we are waiting for Ruth Stidson from SEPA to join the meeting we’ll move on to Musselburgh Flood Prevention. 5. Musselburgh Flood Protection Scheme – Conor Price CP provided a presentation to the group (slides attached to minutes). The scheme was presented to a special meeting of East Lothian Council on Tuesday 23rd January. This was the developed outline design and requested that the meeting clarify the next steps for the project. The meeting was recorded and is available on the Council website. There were three items: 1. An update on the work in partnership between the scheme, East Lothian Council and Dynamic Coast in relation to coastal change and its significance to Musselburgh. Council requested that this work to understand coastal erosion and the marine scientific protection area (MSPA) continue and report back to them on additional investigation work and potential mitigation solutions on how it may be dealt with moving forward. 2. To consider a petition to pause the scheme – the meeting determined that this be considered after item 3. This was so that Council could understand the context of the request to pause the scheme. The decision was not to pause the scheme. 3. This was the substantive item on the developed outline design with its environmental impact assessment. The scheme was instructed to proceed towards the next stage of the project – formal consultation of the developed outline design towards approval of the scheme We have a lot of data which we’ve migrated to the scheme website and is contained in the Council reports. (Conor showed visualisations of the scheme show tree retention between the Roman and Rennie Bridge on the east side of the river by moving the line of wall from the roadside to outside the trees retaining amenity space. Also showed visualisations of reformed sea wall. All the visualisations are on the website The Outline Design of the Scheme will be presented to a meeting of Full Council - Musselburgh Flood Protection). To highlight to the group that we retain the key interventions in the catchment including the modification of Rosemary reservoir and Edgelaw reservoir both of which are located on the South Esk and will provide flood risk reduction benefits all the way through to Musselburgh. There is provision of the large tree debris catcher at Cowpits in Dalkeith Country Park. We have found a way to deliver environmental enhancements/river restoration/improvement of the river corridor over the entire distance of the scheme. There is ambiguity in the public mind between what is in the MFPS and the river restoration scheme which is parallel project. We work with partner organisations particularly Forth Rivers Trust on this parallel scheme to identify other river restoration measures which can be delivered within the river corridor, but they would not be part of the MFPS. Measures here would require additional or separate funding and delivery routes. That is per the letters of support for river restoration as a concept which have been provided by organisations. I’m hoping I can update in more substantial detail on this at the next meeting. The Musselburgh project brings together three elements, flood prevention, seawall reconstruction and active travel routes. Number associated 3200 properties helped with flood risk, 6000m of enhanced footpath, 26,000sqm of upgraded public space, 4 replacement footbridges, 1 debris trap, 7 pumping stations, 2200m of new flood defence wall, modification of 2400m of wall, 20 floodgates etc. I have reported in the past that this stage was initially assumed to take around 18 months to two years but has elongated to almost four years to facilitate the COVID pause and then an elongated consultation to try and ensure we developed the best product for the town. We are now in the formal consultation process, when objections may be raised, and we may end up going to a public local inquiry. If we published the formal consultation around 22nd March, the 28 days for formal objections takes place through April. We will have an understanding of any implications in May/June, and I will update you at the earliest opportunity. The first and most important activity now is to achieve formal publication/notification of the scheme as defined in the Flood Risk Management Act. We must notify the scheme and simultaneously publish notice in newspapers. We continue our negotiations with Scottish Water regarding the two reservoirs in the South Esk catchment. This is a complicated partnership working on a project to modify a complex asset that cannot endanger those who reside below the asset and all modifications must be in line with the Reservoirs Act and fall into the proper process of management thereafter to ensure there’s no reduction of safety or quality. Equally we continue negotiations with Buccleuch Estates regarding the placement of the large debris catcher by Whitecraig and what we need to do operationally to remove large debris promptly to stop blockages. These kinds of negotiations are complex, and we need to carry them out with all private landowners and public land owners and we are in negotiation with Midlothian Council as we are proposing changing the function of reservoirs in their area which will ultimately be beneficial but must be considered by them. In terms of notification of individuals in the Musselburgh Flood Scheme area we are sending out in order of 10,000 letters We continue to engage with the Scottish Government Flood Risk Management team not just about the scheme itself but also in relation to our partnership work with Dynamic Coast on coastal erosion. Similarly, we continue to establish a new catchment management organisation which would be capable of delivering natural flood management or nature-based solutions in the catchment in future. I’m hoping I can update you on that work at the next meeting. The work with Dynamic Coast regarding coastal erosion. I would highlight the work done by Jacobs for the ELC that we will have a rise of 860mm of sea level rise by 2100 based on understanding of the data and when Dynamic Coast reported to ELC last week they confirmed within their work they are looking at 900mm for the same date. We are engaging with schools to make young people aware of the scheme and look to organise and event to bring them together to discuss the issues. We continue to work with Sustrans on the Active Travel element and develop that part of the designs and there has been consultation on that we will bring together to make any changes. The scheme will continue to work on invasive species management working between us and Forth Rivers Trust with a steering group in February and will send notification of that meeting which is provisionally 21st Feb. Communication we continue to update the website, there is a newsletter being prepared for Feb and press releases around the council meeting. The Brunton drop-in meetings have ceased, and we are thinking about whether to reform them throughout the year. As part of the statutory consultation, we’ll be making the documents publicly available in John Muir House in Haddington and Dalkeith Town Hall. RM SEPA would be keen to see the debris screen cleared regularly as SEPA are working on the fish migration routes and any barrier would be an issue. CP What is proposed is large poles 3-4 metres apart to target large debris such as trees but will factor in fish migration RLe Removal of invasive, non-native species and importance of replanting to avoid erosion and sedimentation of the bank. CP we are focussing on the removal of invasive species such as giant knotweed and removing the seedbeds before replanting. We are aware of the issues and are discussing at the steering group how to take control of the areas we clear and replant them. ASK communities often feel consultations are held during holiday periods and can you confirm the location for the Midlothian consultation CP Consultation in Midlothian likely to be in Dalkeith Library and agree on the consultation timings but the Musselburgh scheme needs to achieve notification by 31st March 2024 so that is the timeframe we are working to. JG Predicted Sea level rise does that affect the effectiveness of the design CP the levels I’ve reported don’t make a substantial difference but it is a complex issue and I’d point people to the Dynamic Coast report for more information and understanding https://www.eastlothian.gov.uk/download/meetings/id/24427/01_update_on_dynamic_coast_assessme nt 6. Midlothian Council ER joined by CD on local developments, AH on flooding. CD Spoke about the development of the new LDP (Local Development Plan) MLDP2. Part of developing this is to identify and protect blue/green infrastructure – drainage networks, rivers, water courses but also suds ponds. The evidence report should be reported to MLC Full Council in March or May meetings. We’ve carried out a lot of engagement with community councils, SEPA, Scottish water etc. AH Cycle 2 flood risk management plan covering the Forth estuary. 4 flood target areas 2 are on the Esk – north and south with the other 2 in Dalkeith and Loanhead. We are preparing our local surface water management plans. MLC are engaging a consultant to lead and produce the flood studies which will identify actions required to deal with flooding and any requirements for flood protection schemes. There is a Esk Catchment Group to look at natural flood management to mitigate any flooding in Musselburgh CB asked about the flood risks in the Lasswade area AH that’s one of the areas that the flood study will look at and the other key area is Newbattle on the South Esk. RM It would be good to meet to discuss SEPA plans around fish passage on the North and South Esk There followed some discussion on land ownership at Ironmills and clearing debris from the river there and the weirs which are targets for SEPAs Water Environment Fund with SEPA looking to improve for fish, environment and for net zero targets. We can’t always remove these barriers but where we do we aim to have a positive flood risk effect at those sites. RLe raised the blockage and the potential danger to volunteers/members of the public trying to clear themselves. That concluded the reports from MLC. 7. SEPA PF Introduced SEPA staff Ruth Stidson, Bathing Water lead, Katrina Wilson, regulatory Unit Manager, Paul Butler, Mine Water Lead, Chris Gall, Senior Environmental Protection Officer and Rob Mitchell who you’ve heard from earlier. Thanked CB for circulating the letter to SEPA and the response along with the sample data excel sheet. Clarified that what are called associated samples are not bathing water samples but samples from potential contributory inputs. Summarised the progress at Fisherrow as contained in the letter from a senior manager at SEPA. Fisherrow had bathing water status and had lost that after a run of poor results £3m was spent on a range of issues, including dealing with complex urban infrastructure especially affecting the Brunstane Burn, tributaries, pumping stations etc as a result many misconnections were identified and rectified. As a result, through continued samples and associated sample inputs have led to Fisherrow producing a good status and we were able to recommend to the Minister that the bathing water be reinstated, and it was. I want to stress that the Brunstane Burn and other watercourses as tributaries are urban infrastructure waterways and simply can never be as clear as mountain streams as they will always have surface run-off and other contributory factors going into them. SEPA will continue to sample both the bathing water and the contributory associated samples and will work with Scottish Water and others to ensure bathing water quality is protected. RS shared two graphs showing sampling from Fisherrow Sands 2014-2023 sampling results have shown a drop in elevated levels. As of 2023 status was ranked as good which means exceeding minimum standards. 2nd slide showed Brunstane Burn which shows higher levels due to urban nature. Despite the volatility that can be found in urban water courses there is a general lowering to elevated levels. As a result, we believe that Fisherrow is moving into business as usual as the levels are stable. CB commented that it is difficult to keep urban water pristine but encouraging that there is an improvement and opened for questions. CT questioned why the focus was on Fisherrow Sands when the data provided was specifically the River Esk and the Brunstane Burn. Raised concern with high levels of human waste. Accepted that the Esk is not a bathing water but raised if it was a bathing water, the levels were upwards of 100 times the SEPA minimum quality cut off. Colin’s letter asked three questions – 1. What the numbers indicate in terms of pollution? 2. Is there a danger to public health and wildlife? 3. If the figures show issues what does SEPA do? Asked if there was a purpose for collecting e coli and intestinal enterococci to indicate the health of the waterways? Asked if the identified sewage source was multiple misconnected properties what action is being taken to deal with those properties? RS Restated that she is not a bathing water specialist so was asked to speak about Fisherrow Sands and from our samples we are not seeing the River Esk impacting bathing water. We’ve been successful improving the bathing water and where do we go now with pollution in the rivers. As the regulator one of the issues is that rivers do not have any standards for bacteria unless they were designated bathing water. There is no minimum limit for bacteria in rivers in the regulations PF Waterways being affected by sewage systems including combined sewer overflows is a national issue so would be up to government to make amendments to legislation and improvements such as separating surface from foul will cost billions. SEPA is following the regulations regarding bathing water and the impact of the Esk and Brunstane is minimal. SF Scottish Water’s Urban Waters Routemap Improving Urban Waters Routemap - Scottish Water is looking to understand more about the network with monitors like CSOs and upgrading CSOs. The monitors will provide information on issues such as problems caused by misconnections and where we can identify those misconnections, we can tackle them. SW does have an investment plan to address this issue. CT There does have to be some government intervention because regulation doesn’t deal with the problem. Misconnections persist. Is there a pollution risk? Is there a risk to human health? CB In the past we had someone from Public Health Scotland who advised that the pollution levels in the Esk were not a danger to public health. Perhaps to address this issue we should ask him to a future meeting. CT I would like some expert advice on how bad this is. RS From our data the Esk doesn’t meet bathing water standards and therefore there would be a risk to health of bathing in the river. I think as Colin suggested getting someone along who has expertise in public health would be advisable. PC Added that we do nitrate and phosphate testing but it’s not one of the best rivers for insects. Also, dog walkers letting their dogs use the river for swimming and how that could bring bacteria into contact with humans. CB reiterated that ERIG would invite someone from Public Health Scotland to a future meeting. ASK The person who spoke to the group was Richard Othieno. CB We’ll invite him. 8. AOB CB I want to say that Doug Lyons who’s been taking the minutes will be stepping back and Rob Munn who is on the screen will be taking over in the future and will be the contact point. RMu thanks Colin I’ve put my email address in the chat and looking forward to learning more on the future meetings. ASK Before you move off, I wanted to pick up the comment PF made about actions and say that RM and myself have had a positive conversation and I want to say that Rob did try to contact Dalkeith and District Community Council and myself after meetings and it was email addresses that were not quite right, but we’ve got a positive working relationship now. CB thanked everyone and closed the meeting Meeting ends at 11:50 Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Rob Munn, Scott Fraser (Scottish Water), Ross Hughes (Forth Rivers Trust), Ann Stewart-Kmicha (Dalkeith & District Community Council), Claire Tochel (Fisherrow Harbour & Seafront Association), Pauline Crear (Fisherrow Harbour & Seafront Association), Rachael Langfield (Coal Authority), Peter Finnie (SEPA), Katrina Wilson (SEPA), Chris Gall (SEPA), Conor Price (Musselburgh Flood Protection Scheme), Rory Sandison (Nature Scot), Mark Heron (Midlothian Council), Roger Croft (Esk Valley Trust), Shona Grant (East Lothian Council), Rebecca Lewis (Riverfly on the Esk/Buglife), Shona Grant (East Lothian Council)
Apologies: David Ogilvie (SEPA), Steven Boon (Scottish Water), Paul Butler (SEPA), Rachael Elliott (Nature Scotland), Anne Hyatt (Roslin and Bilston Community Council), Philip Duncan (Musselburgh Racecourse) Merlin Planterose (Forth Rivers Trust), Rob Mitchell (SEPA) Welcome CB welcomed everyone to the meeting and the previous minutes were approved. 1. Scottish Water – Scott FraserSF updated on the Lord Ancrum Woods CSO project
CT Asked, considering the end date is Autumn 2024, can temporary the walkway be given some attention, the walkway has poor lighting and not comfortable for wheelchairs. Adding that the gate is left open and that the prom. is no longer traffic free. SF advised that he will look into this to make sure that is better for all users and he will look into the gate being left open. RC asked, which of the reservoirs in the catchment is used for water supply? SF Most of Midlothian is supplied by Gladhouse Reservoir. Glencorse Reservoir supplies part of the Penicuik area. RC Asked about Flotterstone and North Esk Reservoir. SF will look into this more to illustrate which of the water supply supplies which areas. SF highlighted that at Gladhouse there is ongoing issues with a large increase in visitors which has caused issues. Scottish Water have funded ranger to Midlothian Council by in this area. There are actively trying to improve parking in this area. But there are ongoing issues regarding the land ovnership. 2. Forth Rivers Trust – Ross HughesRH Updated that they are currently doing the third round of outfall safaris. Taking place past Penicuik in the North Esk. The goal is to have the main channels of the river surveyed for their outfalls and the impact that they are having. Adding that the weather has not been favourable, as they want to look at outfalls when there is little rainwater/when they are not supposed to be functioning. RH explained they are preparing an online learning module for the outfall safari. Looking to have this completed by early next year. RH is looking at increasing invasive and non-native species monitoring next year. RH added that he will be sending out invitations to local groups to who may want to go on walks and then might want to get involved in surveying. RH updated the group on a recent visit with 15 interested local residents to three Coal Authority Minewater Treatment plants in the Lothians. Adding that this was a very successful trip and will look to do another one soon. CB Asked, if there is a lot of Giant Hogweed growing along the riverside on the Esk. RH Answered that his understanding is that Giant Hogweed is very much downstream on the Esk. Advised to consult the East Lothian Countryside Volunteer’s website. Explained that they have had a lot of success tackling invasive species in the South Esk RC Asked if they are going to do any work on Himalayan Balsam, as it is along the riverbank and going further upstream. RH Stated that they don’t have a map showing where all the invasive species are in the Esk. Ideally you want to work upstream then work downwards. Adding that they might look within his project, but could also help with getting local involvement by recognising what work needs to be done. RL stated when you clear invasive species, it can be that the riverbanks are not replanted, which can be a pollution problem into the river. Asking if you would look at replanting with native species. RH From the FRT point of view, where they are taking out non-native species, look at replanting with native species. 3. Coal Authority – Rachael LangfieldRL – Updated the group that following an extensive evaluation on the tenders for construction of the mine water treatment plant and in particular on the spread of risk and final cost, this has led to the meeting with the Department of Energy Security and Net Zero being moved back (provisionally to Feb 2024). CB asked if this constitutes a delay in the project. RL confirmed that this will be a delay of three months. ASK asked about communication to the local community. RL answered that there is work to do let people know about the delay. RH added that he has been receiving questions about the delay. 4. SEPA - Katrina WilsonKW provided an update
KW advised that RM will draft an update on the Esk Barriers for anyone that will need one. CT asked why the historical data has been removed on the website from the data download. Adding that there should probably be a full historical record of this data. KW will ask this question and send answer by email to CT. ASK – Added that she would like an update on the Esk Barriers. ASK commented that there is concern about what might be happening at the weir at Ironmills. KW added that she would take this to RM. 5. Riverfly on the Esk/Buglife - Rebecca Lewis (RLe)Riverfly on the Esk: RLe provided an update to the meeting. 1. A new database is up an running for the project. 2.Had meetings with SEPA and reps from the Esk Valley Trust to discuss MorPH. Looking at potential to get funding to train people. 3. Data continuing on their pilot study of 2 rivers (Angus S. Esk and Lothian Esk), furthering our understanding of citizen science techniques. 4. Continuing work with Early Learning Centres. 5. Completed 2 filming projects, with Landward and Scotland – The Big Picture, filmed at Newbattle Abbey. Had more volunteers after the showings. 6. Presented at the Scottish Freshwater Conference Day. 7. Results for benchmarking of the results from 5 sites have just been completed and will report back on this. Buglife: 1. Have received funding for a new staff member. 2. Developing relationship with project partners (SEPA/Nature Scot.). 3. Facilitated a couple of workshops for the de-catchment partnership. 6. East Lothian Council - Shona GrantSG updated regarding the draft report in relation to the Newhailles Landfill. They are currently looking into the detail as to what they are going to do into the leachate onto the beach. This is being undertaken by the contaminated land officer. 7. Midlothian Council - Mark HeronMark Heron was welcomed as a new member and represented MLC at the meeting. His role is within Environmental Health. CB asked about the Midlothian Flood protection register/plan and that there was work being undertaken on this. MH stated that he would bring up with the emergency planning officer. MH noted that there was an increase in rats along the river in recent years. RL asked if there has been any update on the dumped waste at Dalhousie Burn. MH comment that planning enforcement are looking into this 8. Musselburgh Flood Protection Scheme – Conor PriceCP provided a brief update of the MFPS
9. AOB SF asked what the plan for the group is next year CB added he is open to suggestions as to how often the meeting is held. If anyone has any suggestions or ideas about priorities and issues we have not yet covered, please email into DL. Next meeting scheduled 22 Jan Meeting ends at 1115 Summary of Actions Scottish Water
Coal Authority
MLC
Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Rob Munn, Scott Fraser (Scottish Water), Ann Stewart-Kmicha (Dalkeith & District Community Council), Claire Tochel (Fisherrow Harbour & Seafront Association), John Batty (Coal Authority), Peter Finnie (SEPA), Joy Godfrey (ENCC), Philip Duncan (Musselburgh Racecourse), Katrina Wilson (SEPA), Chris Gall (SEPA), Rob Mitchell (SEPA) Merlin Planterose, Conor Price (Musselburgh Flood Protection Scheme), Rory Sandison (Nature Scot), Edel Ryan (Midlothian Council), Raymond Hope (Scottish Water), Roger Croft (Esk Valley Trust)
Apologies: David Ogilvie (SEPA), Steven Boon (Scottish Water), Shona Grant (East Lothian Council), Rebecca Lewis (Riverfly on the Esk/Buglife), Pauline Crear (Fisherrow Harbour & Seafront Association), Ross Hughes (Forth Rivers Trust), Paul Butler (SEPA), Rachael Elliott (Nature Scotland), Anne Hyatt (Roslin and Bilston Community Council) Welcome CB welcomed everyone to the meeting and the previous minutes were approved. 1. Scottish Water – Scott Fraser SF updated on the Lord Ancrum Woods CSO project
Raymond Hope presented to the group regarding the Lord Ancrum Woods CSO project.
CB asked what the time scale of the project will be RH advised that it will be a period of 6-8 months depending on the ground conditions. SF updated the group on campaign work that has been undertaken to target areas of repeat blockages in the system. 2. Forth Rivers Trust – Merlin PlanteroseMP new to FRT and introduced herself to the group 3. Coal Authority – John Batty (JB) JB provided an update to the ERIG on the Dalkeith Water Treatment Plant.
JB answered that as there has been some parallel work being done, this is not currently expected to impact the construction timeline, which is for completion by late 2025. ASK asked about security on the site and if they are coordinating with local community police officers. JB answered that the damage was to the fence, having people onsite recently has meant added security and that seems to have helped. Adding that he has the contact numbers for the local community police and he will be in touch with them if there are any incidents. ASK asked if there has been a date for the demolition of the building onsite. JB this is subject to the tender process being completed and they are hoping for the demolition to happen in 2023. 4. SEPA KW provided an update
CT asked if the findings from the sampling at Brunstane burn will be published KW will look into this. Adding that there is a date (near to 2nd or 3rd Thursday in November) where the overall classification for the bathing waters will be published, and she assumes that other information that has not already published will be available from then. KW will confirm what the date will be. RM provided an update about fish passages
RM explained that the initial contract follows the RIA plan of work and covers River Stages 1&2. Stage 1 is an initial project brief and Stage 2 leads through to concept design. This allows us to then engage with stakeholders. The following stages are for more detailed design and potentially design and build contracts. RM explained what stakeholders had been contacted and asked for more clarity on what Comms are expected. ASK stated that the Community Councils have not had any engagement adding that SEPA are going ahead with the weirs being removed. RM adding that he is happy to speak offline and it has always been the intention to approach the Community Councils, but do not have much to discuss at this stage. RM clarified that at this point there have been no decisions to remove any weirs. RM added that the work that is being undertaken is to understand what is possible at each site and the only definite is that we will not be removing Montague Bridge weir as it is Grade A listed. RM confirmed he is happy to meet with the Community Councils. RC Asked for clarification that SEPA were not looking at the weir at Eskmills. RM confirmed that as Eskmills is an active structure it is not eligible for funding from the Water Environment Fund, they can only fund weirs that are completely redundant. It also allows some element of fish passage. CP added that he would come back to this matter in his presentation. RC asked for an update about the spill at the service station near Musselburgh. KW confirmed that they are not legally at the end of the process and are limited on what they can say. ASK asked about dead trees that are falling down in the Ironmills park area and whose responsibility is this. CG advised it is not the responsibility of SEPA. CP generally speaking the responsibility of removing material is down to the owner of the weir. If this is unclear the local authority may look at this. ER Asked it would be useful if CP could take up this matter during an upcoming meeting with flood officer at MLC. CP took this as an action. 5. Riverfly on the Esk/Buglife - Rebecca Lewis (RLe)RLe sent apologies for not being able to attend and provided an update. Riverfly on the Esk: 1. Completed training for a third ranger in Midlothian plus another volunteer and monitoring has started at our source site on the south Esk. 2. Arranged a further meeting with Esk Valley Trust to discuss MorPH, waiting for feedback to see if we will seek funding to proceed. 3. Data collection will start on our pilot study of 2 rivers (Angus S. Esk and Lothian Esk) at the end of the month looking at furthering our understanding of 4 citizen science techniques. We are working in partnership with experts on this pilot looking at Riverfly, SMART Rivers and DNA methods. 4. Data collection continues (Riverfly surveys and water testing) and new sites and almost all up and running. 5. Attended a fantastic event in Musselburgh forming part of a group of stall holders and speaker's focusing on sustainable living, environment and renewable heating solutions. Sustainable Musselburgh. Thanks to Pauline Crerar, a core member of this group. 6. Delivered a workshop for ELC group in Newbattle Abbey. 7. Completed 2 filming projects showcasing the Lothian Esk and the wonderful work of our local citizen scientists, to be aired later this year. Buglife: 1.27 groups have completed training across Scotland as part of the Guardians of our Rivers project. 2. Since October ~450 people have been in touch about joining groups. 3. We have interest from schools and have received further funding to focus our efforts here. 4. We have closed the diary this year on training but taking bookings already for next year. 5. Finished curating the agenda for the next Scottish Freshwater meet which has a focus on citizen science. This will be a full day of talks and poster presentations from across Scotland and beyond. Will share the agenda with the group when it goes out this week. We will have speakers from Midlothian contributing! 6. Completed training for Forth Rivers Trust staff member in basic ARMI Riverfly training so we have another local trainer. 7. We have received further funding and will have a new member of staff starting on the Guardians of our Rivers project. 8. Attended Nature Champions event at Scottish Parliament buildings to celebrate our Nature Champions. Thank you to Colin Beattie MSP for continuing to support us as our Nature Champion for Rivers. 6. Musselburgh Flood Protection Scheme – Conor PriceCP provided a presentation to the group (slides attached to minutes). RC noted that a community interest group have now entered a second petition calling for a pause in the scheme. RC referred to the Scottish Governments establishment to a review of flood resilience strategy. RC highlighted that there have been 2 meetings of the Esk Forum. Adding once the small group understand their purpose and what they would like to achieve he would be happy to share this with the ERIG group. CP added that clarity from the government is always welcome and hopefully someone can update on the Esk Forum in due course. CP regarding the first petition. It was deemed to be misinformation, so could not be accepted or considered. CP added that the group that submitted the first petition did not engage with requests that were made to engage. Adding, as there is a new community interest group he would strongly encourage that they engage with ELC. CT asked about the Environmental Impact Assessment (EIA) if that is being done by JACOBS and if it will be peer reviewed to ensure it is a balanced assessment. CP highlighted that the EIA is done under legislation and confirmed Jacobs are undertaking the EIA as they are the ones responsible for the design. Adding normal process would not involve a peer review and normal process would involve the company doing the design to do the EIA. Explained that the design and the EIA of the design are effectively the same thing. If any aspect of the design is considered unacceptable you then redo the design to make it acceptable. CP confirmed that there will not be a parallel peer review and it has not been requested from a regulatory process or from ELC. Highlighted that the EIA could not start until the design has been considered. 7. Midlothian Council ER stepped in at the last minute and offered to send a written update to the group. 8. AOB None, Meeting ends at 1140 Summary of Actions Scottish Water
Coal Authority
MLC
Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Moira Cartwright (Midlothian Council), Scott Fraser (Scottish Water), Ann Stewart-Kmicha (Dalkeith & District Community Council), Claire Tochel (Fisherrow Harbour & Seafront Association), Pauline Crear (Fisherrow Harbour & Seafront Association), John Batty (Coal Authority), Ross Hughes (Forth Rivers Trust), Rebecca Lewis (Riverfly on the Esk/Buglife), Paul Butler (SEPA), Peter Finnie (SEPA), Joy Godfrey (ENCC), Rachel Warrington (Musselburgh Flood Protection Scheme), Rachael Elliott (Nature Scotland), Joy Godfrey (ENCC), Anne Hyatt (Roslin and Bilston Community Council)
Apologies: Anna Griffin (SEPA), Audrey Murray (EnjoyLeisure), Rachael Langfield (Coal Authority), Steven Boon (Scottish Water), Rob Mitchell (SEPA), Shona Grant (East Lothian Council), Conor Price (Musselburgh Flood Protection Scheme) Welcome CB welcomed everyone to the meeting and the previous minutes were approved.
ASK Have Scottish Water presented to ENCC about this? SF Happy to provide an update to them and to local schools and happy to provide more details on the project for the next meeting. JG Commented on the positive impact of the changes and difference that the work that is going to take place will make to the Mary Burn. CB asked to what extent do you liaise with Midlothian Council on these sort of projects SF On land, road and service access. If they need planning. Added that they work with a lot of different departments in the Council and in this instance other organisations such as Newbattle Abbey College. ASK There are other areas of concerns. On the South Esk there was a smell of sewage and spillage onto grassland at Newbattle Abbey Crescent. SF Will check if Newbattle Abbey Abby Crescent has been reported recently and encourages anyone to report incidents as they will do clean ups of incidents. CB asked about Fisherrow pumping station and if works are currently on track? SF answered that he believes so, but he will report back on this after making enquiries. CT commented that there are still no signs on sight at the Esk Pumping station that advise about the disruption and how long it will remain like this. Enquiries have already been made asking about this matter. SF will look into this and report back on the status of the work. 2. SEPA – Peter Finnie PF provided an update
PF did not know about this. He will ask the local team and report back. CT Welcomed the designation at Fisherrow if it reflected better water quality. Questioned how this decision had been made as it had previously been suggested that it would take several years of better water quality testing before a decision was reversed. They had no prior communication. Had something happened that they were not updated on? PF It was required to wait for the Ministers approval of the redesignation before they could communicate. They will continue with monitoring of this site. CT will the monitoring of the Burnstane burn continue? PF does not know this level of detail. ASK if there was any update on weirs fish passages. PF offered to provide a short written update to ASK. An update will be given in the September meeting. ASK highlighted an issue with a flood risk map for Midlothian that had a misplaced name PF took a note of this issue 3. Coal Authority – John Batty (JB) JB provided an update to the ERIG on the Dalkeith Water Treatment Plant.
CB Asked that the Coal Authority have requested a Letter of Support in the past and if they need another in this occasion. JB added that they had used these Letters of Support and that they do not need another. Adding that if they do require a Letter of Support he will come back to CB. Adding that it is a very factual approval. RH Asked if a visual could be provided illustrating why a water treatment plant is being installed. Explaining that a lot of people do not know what the outflow from this area looks like and do not understand why such a large piece of infrastructure is being installed. JB commented that they have recently been taking drone footage of the conditions of the river. Adding that this might serve a purpose for what RH asked for. JG Asked if the waste will be sold. Is it still going to be sold if you are testing it for its quality. JB Answered that this is the intention. To sell it they need an estimate of the quality. ASK Asked what the process have been undertaken to provide alternative energy from the mine water or from solar panels. JB Answered that an external team is looking at heat capture from the minewater. 4. East Lothian Council Shona Grant was unable to attend, but passed on that the Newhailles water discharge report was now complete and that they are waiting for internal approval. 5. Midlothian Council MC The environmental crime team are now operating implementing Midlothian’s Environmental Crime strategy and will be out in the community issuing fixed fine penalties for dog fouling (£80), fly tipping (£200) and littering (£80). They will also be undertaking proactive work in the community and working with businesses in relation to their waste contracts and the presentation of their bins. CB added that this is a positive development. CB mentioned that he asked about other areas in Midlothian that had potential to be at risk from flooding and that MC was going to get a response from planning about this. MC has asked planning, but not heard anything back on this, but will get back on this matter. ASK added that there is information on the Midlothian Council website that mentions that they are preparing new information for the Midlothian Local Development Plan and local communities are looking at this when they are doing their Local Place Plan. Also adding that the SEPA maps have flood risk data. 6. Musselburgh Flood Protection Scheme –Rachael Warrington RW provided an update on the MFPS
7. Forth Rivers Trust Ross Hughes RH provided an update to the ERIG
8. Riverfly on the Esk/Buglife - Rebecca Lewis (RLe)RLe provided an update to the group.
9. AOB None, Meeting ends 1130am Esk River Improvement Group Meeting Minutes of Meeting – 10am, Monday 15th May 2023, Microsoft Teams22/7/2023 Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Moira Cartwright (Midlothian Council), Steven Boon (Scottish Water), Scott Fraser (Scottish Water), Ann Stewart-Kmicha (Dalkeith & District Community Council), Claire Tochel (Fisherrow Harbour & Seafront Association), Rachael Langfield (Coal Authority), Ross Hughes (Forth Rivers Trust), Rebecca Lewis (Riverfly on the Esk/Buglife), Paul Butler (SEPA), Katrina Wilson (SEPA), Peter Finnie (SEPA), Rob Mitchell (SEPA), Joy Godfrey (ENCC), Conor Price (Musselburgh Flood Protection Scheme), Rachel Warrington (Musselburgh Flood Protection Scheme), Caroline Freeman (Newbattle Abbey College), John Crofts (Esk Valley Trust), Rachael Elliott (Nature Scotland), Joy Godfrey (ENCC)
Apologies: David Ogilvie (SEPA), Anne Hyatt (Roslin and Bilston Community Council), Philip Duncan (Musselburgh Racecourse), Shona Grant (East Lothian Council) Welcome CB welcomed everyone to the meeting and the previous minutes were approved. 1. Riverfly on the Esk/Buglife - Rebecca Lewis (RLe)RLe provided an update to the group.
RLe answered that they have a Facebook and Twitter account and are working on Instagram RLe asked Scottish Water if they could receive notification of when planned water release from reservoirs are taking place. SF offered to check this and come back. ASK added that the community council previously had notice of when water was to be released. RC commented that he is delighted to be working with Riverfly and that offered his guidance on geomorphology if required. 2. Midlothian Council - Moira Cartwright MC Referencing the high water in Lasswade over the new year period, committed to provide an update to ERIG on Midlothian Council’s progress in identifying a resource to undertake a flood risk assessment in Lasswade (target area 202) in the financial year 2023/24. Midlothian Council are engaging with consultants in relation to their duties in terms of flood risk management in Midlothian. CB asked if Midlothian Council have other areas in Midlothian that have the potential to be at risk from flooding. MC will seek answers to this question within Planning and feedback to ERIG. ASK remarked that flood risk areas would be within the Midlothian Local Development Plan that will be being produced as a result of the NPF4. 3. Scottish Water – Steven Boon and Scott FraserSB updates
CT asked if there will be public information about the Esk Pumping station works. SB explained that he will ensure that public information on their website is updated. CT asked if following the comment that there has been a slight improvement at Eastfield Pumping Station performance if there will be any update on the impact on the bathing water quality in that area, or shall she request a FOI for this information. SB explained a request for a FOI would be the best way and that they will respond to this. JG asked if bathing season should be a longer season. SB stated the bathing season has not changed. PF added that the bathing season is June to September, and it would be up to the Scottish Government if they wanted to extend the bathing season and instruct all involved that this has changed. SF provided an update on waste water operations and sewer overflows following media coverage.
CB asked why south of the border they are following a different policy. SF answered that perhaps they will now know more about their network and will be able to invest based on that data. Scottish Water works with the regulators and others and invests based on what information we have on the water environment to decide on where we want to prioritise. SF offered to send information on where the new 1000 monitors are in the network. PF added that it is difficult to compare Scotland and the rest of the UK. In Scotland we have a public company that works close with the Scottish Government and SEPA on the investment program. Stating that it is a clearer picture here and the ecological status of waters in Scotland is superior than England and Wales by a significant margin. In England and Wales they have individual water companies over geographical areas so the picture is less clear than it is in Scotland. 4. Forth Rivers Trust – Ross Hughes RH provided an update to the ERIG
RH explained that none of our results showed a concern, therefore none were reported. If there was concerns, we would have reported them at the time of the survey. Adding that this could change over time and they would like to re-survey after a certain period of time has passed. 5. Coal Authority - Rachael Langfield (RL) RL provided an update to the ERIG on the Dalkeith Water Treatment Plant.
CB asked about the disposal of the waste products from the process and if there was any update regarding his concerns that it might end up in landfill. RL answered that they have recently signed a contract to sell some of the waste, the ochre from the anaerobic digestion for use in sewage treatment plants. Adding that the Coal Authority has a target that 95% of the waste is reused. ASK added her thanks about the work that was done regarding communication with the local communities and regarding the visit that was taken to the mine water treatment plant. Asked RL if she could provide an update on the Manganese from the geo-chemists at the Coal Authority. RL advised, once the plant is up and running, we will have a better understanding on what treatment of the manganese might be required. RE asked if there is an estimated or targeted date for the scheme to be operational? RL replied that if the tender goes to plan, they could be onsite by the end of this financial year. 6. SEPA – Peter Finnie and Rob Mitchell PF provided an update on the water scarcity information that has been circulated to MSPs and MPs.
CT asked if Ruth Stidson from SEPA will be following up with community meetings, relating to follow up questions she has from the Fisherrow briefing from August 2022, adding that they were told previously to take these questions back to Ruth Stidson to ask for the community meeting, and she has had no response to this request. CT asked if anyone can make contact with Ruth and if there is somewhere she can send the questions. PF answered that he has previously communicated that he had spoken to Ruth and that they were actively considering the future community meetings, but this is predicated on providing information to the Minister and consideration for a number of bathing waters for redesignation. Depending on the ministerial decision on redesignation of Fisherrow, there may not be value in further meetings if it is back to normal bathing water designation. Adding if CT sends the questions to him, he will make sure they are addressed. RM updated on the Esk barriers project regarding the removal of fish barriers and dams that impede the migration of fish to upstream habitats.
RC asked if Goose Green and Inveresk Weir in Musselburgh are considered in this project RM added that there is clear evidence that fish can pass these weirs, so they are not considered eligible for the fund. CP confirmed that there are functioning elements to these weirs and so that also makes them not eligible for the fund. Confirming that the weirs will be within the MFPS Outline Design Public Exhibition in June. ASK raised that there had been local discussions about another bridge and also suggestions of a small hydro plant at Ironmills Weir and if SEPA had made contact with people regarding this. RM replied that he did not know of plans for a bridge and would come back to ASK regarding this and that he is in discussion with owners of Ironmills Weir and he has had no discussions about a hydro scheme with them. RH added that the left hand bank of the top of the structure at Ironmils appeared to be deteriorating. RM agreed that degradation at each weir had occurred, but there is a low risk of that weir collapsing completely. 7. Musselburgh Flood Protection Scheme – Conor Price CP provided an update on the MFPS
CP gave an insight to a site visit to the Scottish Governments Natural Flood Management project at Eddleston. Jacobs, as design consultants are writing up a Technical Note to summarise their understanding of what was heard that day, this will be circulated to ERIG. But first Dundee University are completing an overview of the Technical Note. CP stated that he will give a full summary at the next meeting as he only has initial findings at this point. RC made a number of statements relating to the Eddleston meeting and the MFPS project
CP made a statement on behalf of East Lothian Council that East Lothian Council have already stated in print in the East Lothian Courier that it considers that the petition contains misinformation and mis direction and that there is currently a legal case pending. Therefore, CP is not going to comment any further on the petition. 8. AOB None Meeting ends 1130am Esk River Improvement Group Meeting Minutes – 10am, Monday 6th March 2023, Microsoft Teams26/5/2023 Esk River Improvement Group Meeting
Minutes of Meeting – 10am, Monday 6th March 2023, Microsoft Teams Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Moira Cartwright (Midlothian Council), Shona Grant (East Lothian Council), Ann Stewart-Kmicha (Dalkeith & District Community Council), Pauline Crerar (Fisherrow Harbour & Seafront Association), Rachael Langfield (Coal Authority), Ross Hughes (Forth Rivers Trust), Rebecca Lewis (Riverfly on the Esk/Buglife), Chris Gall (SEPA), Paul Butler (SEPA), Katrina Wilson (SEPA), Joy Godfrey (ENCC), Conor Price (Musselburgh Flood Protection Scheme), Rachel Warrington (Musselburgh Flood Protection Scheme), Caroline Freeman (Newbattle Abbey College), John Oldham (Esk Valley Trust), Philip Duncan (Musselburgh Racecourse), Rachael Elliott (Nature Scotland) Apologies: Steven Boon (Scottish Water), Scott Fraser (Scottish Water), Audrey Murray (EnjoyLeisure), Peter Finnie (SEPA), David Ogilvie (SEPA), Anne Hyatt (Roslin and Bilston Community Council) Welcome CB welcomed everyone to the meeting and the previous minutes were approved.
ASK added if they could have a short summary of the main points that have been raised over the last 4 years during the monitoring. To encourage more people, who don’t have the ecological background. RLe answered that Citizen Science is about collecting baseline data and community engagement. As part of the funding requirements there is a full written report on water testing that they are currently working on and are more than willing to share this once completed. Adding further that all of the data is available on the Riverfly Partnership website. 2. Scottish Water – (Scottish Water were unable to attend, so they provided the following summary) Operational update
Nature Calls campaign
Nature Calls campaign results
3. Forth Rivers Trust – Ross HughesRH provided an update to the ERIG
4. Coal Authority - Rachael Langfield (RL) RL provided an update to the ERIG on the Dalkeith Water Treatment Plant.
CB asked when will the decision to approve the project will be taken. RL it is a two-step process. The first step is to the assurance board explaining the cost increases and the need to go out to tender again. This will give the approval to go out to tender and then they will go back in July for final approval with the actual cost and what company they are going to go with. JG asked if the manganese will be fully treated at some point and if not what will be the impact on the river. RL it is a two-step process. The treatment of the iron impacts the manganese levels. Until the iron treatment is up and running, we don’t know what level of treatment of Manganese will be needed. If it is required, there will be room in the building for this additional treatment plant. JG asked if BEIS will welcome a second application for funding to treat the Manganese if necessary? RL answered, as far as she is aware, yes, if that is what is needed from a point of view of water quality. ASK added that the community appreciate the communication that was received in January, but they are worried about further slippage from a quarterly communication and hope that there is further communication soon. RL added that they are doing communications on a quarterly basis and there will be a further communication once they have been to BEIS for approval. ASK Added that there is concern about the non-treatment of manganese and what will be the impact of this on the River South Esk. RL offered to have a discussion with geo-chemists and will send something that can be circulated. PC stated that there are further leaks up river (at Elgin Haugh) and asked if the treatment plant will pull out the mine water and potentially reduce the outfall elsewhere. RL confirmed that this is the case. PB Added that flow coming out of Elgin Haugh has not changed. Explaining that it is very complex with the Manganese. SEPA are happy that it is a two-stage process. The iron is having the largest impact on the river and we don’t know the level of manganese to be treated until the iron has been treated. 5. SEPA – Chris Gall CG no significant events to report. Reminded the group to report pollution incidents when they see them. CB asked about the progress on the pollution incident in Musselburgh. KW replied that the investigation is still ongoing, so they cannot give any further information. As soon as it is at an end point they will be able to provide information. ASK enquired if CG knew anything about a strong odour that was coming from a sewage pumping station at Fisherrow Links park, commenting further that locals say that this is quite common. CG advised that ASK contacts Scottish Water directly on this matter. PC asked if there was any progress on when the community meetings on bathing waters with SEPA will be reinstated. CG suggested the PC contacts Ruth Stidson directly. 6. East Lothian Council - Shona Grant SG provided an update that the monitoring and data gathering at Fisherrow from the discharge at the former Newhailles landfill is still ongoing. The contaminated land officer at ELC is currently drafting his report. It was explained that there are discussions about what standards they are looking at in relation to the reporting. SG commented that they may have to contact NHS Public Health on this. SG asked if CB had already contacted Richard Othieno at NHS Lothian Public Health. DL commented he was in touch with Richard Othieno in October, but despite an initial contact he had not been back in touch. DL suggested that he makes an introduction to SG at ELC to Richard Othieno on this matter. DL asked if ELC had anything that they could provide Richard Othieno with regard to the monitoring plan to introduce him to the issue. SG added that Scott Callow could add more detail to the monitoring that he has undertaken. CB added that this has been going on for some time and his concern is if there is any hazard to public health and the need for NHS Lothian to get involved so we know that this is safe. SG emphasised the importance of data gathering at this stage and that SEPA were involved in modelling the impact of the outfall discharge. SG will get in touch with Richard Othieno and have a conversation about this. 7. Musselburgh Flood Protection Scheme – Conor Price Updated the group with use of a PowerPoint presentation. To be included as the record for the purpose of the minutes. 8. Midlothian Council - Moira Cartwright MC updated the group with regard to the flood risk assessment. Referencing the high water in Lasswade over the new year period, Midlothian Council is identifying a resource for a flood risk assessment in the next financial year and a further update will be provided. In relation to the Environmental Crime Strategy, the wardens contract has been finalised and should be mobilised around the Easter period. CB explained that that there was concern among the residents in Lasswade following being very close to a serious flood incident in December. CB emphasised the need to have a priority in progressing the flood risk management plan, in particular around Lasswade. MC offered to pass this onto Derek Oliver. ASK added that she expected that flood risk would be within the Midlothian Local Development Plan that will be being produced as a result of the NPF4 and Local Place plans. CP added that he had picked up from SEPA the weather event at the end of December was a 1 in 10 event in Musselburgh. However, further up the river on the North Esk was of the region of a 1 in 25 year event. The water levels on the River South Esk were a lot lower in comparison, thus when the rivers joined, the weather event was not as significant further downstream. 9. AOB None Meeting ends 11:15 Esk River Improvement Group Meeting Minutes – 10am, Monday 9th January 2023, Microsoft Teams7/4/2023 Esk River Improvement Group Meeting
Minutes of Meeting – 10am, Monday 9th January 2023, Microsoft Teams Attendance: Douglas Lyons, Colin Beattie MSP, Jenny Gray, Moira Cartwright (Midlothian Council), Nick Aitken (East Lothian Council), Ann Stewart-Kmicha (Dalkeith & District Community Council), Anne Hyatt (Roslin and Bilston Community Council), Steven Boon (Scottish Water), Scott Fraser (Scottish Water), Claire Tochel (Fisherrow Harbour & Seafront Association), Pauline Crerar (Fisherrow Harbour & Seafront Association), Rachael Langfield (Coal Authority), Ross Hughes (Forth Rivers Trust), Rebecca Lewis (Riverfly on the Esk/Buglife), Chris Gall (SEPA), Peter Finnie (SEPA), Paul Butler (SEPA), Joy Godfrey (ENCC), Conor Price (Musselburgh Flood Protection Scheme), Rachel Warrington (Musselburgh Flood Protection Scheme), Caroline Freeman (Newbattle Abbey College) Apologies Shona Grant (East Lothian Council), Audrey Murray (EnjoyLeisure), Philip Duncan (Musselburgh Racecourse) David Ogilvie (SEPA) Welcome CB welcomed everyone to the meeting and the previous minutes were approved. 1. Scottish Water – Steven Boon and Scott Fraser CB asked about the flooding at Lasswade and the mains burst at Bonnyrigg/Rosewell. SF reported that on 1 January there was a burst 12-inch water main on Carnethie Street, Rosewell, approximately 1000 properties experienced no water or water discolouration. Tankers were brought in to supply water to the network. All supplies restored by 5pm on 1 January. SF detailed the challenges Scottish Water faced from the sub-zero weather in December 2022. This had a severe impact on many assets. Very cold conditions led to a very challenging environment for working on frozen service pipes. The rapid thaw then had a major impact on the water network across the whole country. This impact was seen on both the public supply and the private supply (within homes and businesses). Treatment works were then coping with a massive increase in supply due to leaks and burst pipes. Field operations and customer services were extremely busy. Then this was followed on by flooding from heavy rain at the end of December. SB described what happened to the wastewater treatment works during the extreme weather. The deep freeze slowed down the flow of water through the filter beds, slowing or stopping a lot of the bacterial treatment, inhibiting treatment of wastewater. Then the thaw caused further difficulty. The dead bugs that died during the freeze caused issues with the waste treatment and then there was increases in flows from the thaw. Further, this was made worse by the heavy rain that followed. And the treatment works then experienced significant flooding. In the Esk the CSO’s would have been operating. Due to the scale of the flows, some CSO’s were broken, the screens bent or the motors became flooded. Scottish Water have contractors mobilised to recover treatment works and CSO’s. SB was on site at Lord Ancrum Woods and reported that the site looks quite good. SB commented that the assets had performed well during the severe weather and that they are currently in a place where they are recovering the assets that were impacted by the weather. RLe asked which treatment plants were impacted along the Esk SB replied that there are not many wastewater treatment assets along the Esk. SB added that it was not a particular problem in this area and no assets entered into a failing situation. SF noted that Scottish Water have been impacted by weather more often than normal. The whole industry is having to adapt to how they cope with the impact of extreme weather. CB added that we are seeing the results of climate change and it will be a big adjustment for the utilities as to how they adapt to that. CB asked about the Lasswade flooding on 30 December 2022. SF offered to come back to the group on that. CB asked for an update on the Eastfield Pumping Station works. SB replied that there was no significant update from last meeting. Eastfield was not impacted by the recent high flows during the bad weather. Upgraded pipework and clean out plans will continue as before prior to bathing season. Other work will happen during bathing season. No exact date for the further work as yet, but SB will pass on this information once they have it. ASK thanked SB for circulating the CSO maps. 2. Forth Rivers Trust – Ross Hughes RH updated the group that their ‘Outfall Safari’ is coming to a conclusion. Volunteers have surveyed outfall sites from the river mouth to 15 km up the river Esk. On a preliminary review of results RH reports that he is not seeing any major issues with pipes, adding that volunteers are keen to do more surveys in the future. RH added that they are shortly looking to do more community presentations RH reports that they are trying to organise a visit in March to a mine water treatment facility, run by The Coal Authority. RH adds that he would be aiming to send out an invitation to ERIG members to join this site visit. CB asked what they plan to do with the data when the survey of the outfall pipes is complete. CB emphasised that it is important, due to the effort that has been made, that the gathered information should be of use to a number of organisations. Adding that we should have a think where the best place is to hold the data so that everyone gets a chance to view the results. RH answered that they will make that data publicly available. They have similar data on projects on other rivers on their website. RH added if people are interested in any particular aspects of the survey, then please get in touch with him. CB added that when the work is complete, he could also post the data on his website. CG emphasised that if anything is found during the survey (contamination or sewage), to report this to SEPA and they can attend to that. Adding that it will be good to see the whole body of the work and what they can take form it. 3. Riverfly on the Esk/Buglife - Rebecca Lewis (RLe) RLe provided an update to the group.
4. Coal Authority - Rachael Langfield (RL) RL provided an update to the ERIG on the Dalkeith Water Treatment Plant.
CB asked if a Letter of Support from Community Councils would be still helpful. RL added that it is up to The Coal Authority to give BEIS an accurate business case and that all support is gratefully received. ASK added that the community is feeling neglected as it is over a year since communication has been received by residents. ASK commented that there should be some heat energy available from the mine water discharge in Dalkeith. ASK referred to research by Strathclyde and Glasgow University about heat potential from this mine water discharge and also that The Coal Authority is co-hosting a conference with the British Geological Society on mine water energy. ASK asked for some information about this. ASK added that she has seen no information about people have gaining unauthorised access to number 41. RL explained that the mine water heat recovery has been considered and it cannot be considered due to the footprint of the site and that this is the best location for the treatment works. Added that there are ongoing conversations looking at other sites in that area. RL will pass on her comments to the Innovation Team. RL explained that in the meantime the mine water still needs treated and The Coal Authority has to deal with the discharges. RL added that that she has a request in to deal with the phone numbers that were provided on signage that was moved in a previous meeting. CB commented that he would not want anything to happen that delayed the current application that is being progressed adding that the current pollution has a huge impact on the River Esk. PB added that mine water heat is something that is being progressed passionately by the Coal Authority and others. Commenting that he is sure that it will play a future role in Dalkeith and across Scotland, but he would not want to see the water treatment scheme being held up, which is the key issue. JG added that she will take it to the ENCC suggesting that they send a Letter of Support that BEIS fully fund the project. CB added that letters would lend more weight if letters came from community groups rather than individuals and they can be used in the Business Case of The Coal Authority. RL confirmed that she will feedback to DL the appropriate people who she thinks who the Letter of Support should be sent to and then he will share this information with the community groups. ASK added that she is also waiting on information about what to include in a Letter of Support and who to send it to. 5. SEPA – Chris Gall CG provided an update on the fish barrier work on the river Esk. Successful integrity surveys took place at the end of December on all three weirs (Montague Bridge and Ironmills on the North Esk. Dalkeith Weir on South Esk). The result of this work is expected in early February at which point results will be analysed and shared with landowners and used to inform the next stage of the process. Preparation and the concept design contracts will run through Summer 2023. CT asked if the community meetings with SEPA will be reinstated. PF Confirmed that he has discussed with Ruth Stidson and that he will get back within the next couple of weeks what the progress will be on the Fisherrow community meetings. With regard to the ongoing pollution investigation in Musselburgh, CG confirmed that it is still an active investigation, so no further update. But he assured the group that work was ongoing on the incident. ASK highlighted concerns about damage from the high rainfall to the Ironmills and Newmills weirs and if that the survey was done before or after the heavy rainfall. CG added that he would feed this back to the group that managed the survey work. RLe wondered if there are any planned works to clear debris from the weir and viaduct. CP added that it is the responsibility of the owner of the weir (for clearing a blockage). But if it was to become a matter of public health it the local council may take a degree of responsibility. 6. East Lothian Council - Shona Grant No update 7. Musselburgh Flood Protection Scheme – Conor Price Updated the group with use of a PowerPoint presentation. To be included as the record for the purpose of the minutes. CP’s presentation updated ERIG on the MFPS, the weather event on 30 December 2022 and Invasive Species Steering Group. 8. Midlothian Council - Moira Cartwright MC informs that the Environmental Crime Scheme is with their legal team and she is hopeful that there will be something forthcoming for the next meeting. CB asked about the Lasswade flood. MC was unaware of the issues. CB mentioned that there were previous discussions with Midlothian Council (Derek Oliver) about Midlothian Council putting together some flood risk analysis. MC will take that away as an action to find out more and will get back to the group. ASK highlighted Twitter footage that shows the high-water levels at Lasswade. 9. AOB None Meeting ends 1115am Esk River Improvement Group Meeting Minutes – 10am, Monday 9th January 2023, Microsoft Teams6/4/2023 7. Musselburgh Flood Protection Scheme – Conor Price |
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