Esk River Improvement Group Meeting Minutes of Meeting – 10am, Monday 15th May 2023, Microsoft Teams

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.

• High level of engagement from across Scotland for Buglife’s Guardians of our Rivers Hub. Have been contacted by over 300 people and lots of training provided. Secured multiple years worth of funding.
• Riverfly on the Esk case study at catchment scale, have 16 sites in place and have trained 52 people. On top of biological monitoring, have added on water monitoring.
• Having a discussion with a group about Geothermology.
• Commented on the positive support that they have received from Newbattle Abbey College and the Esk Valley Trust.
• Volunteers have been training to learn how to identify to species level.
• Working closely with landowners further up the catchment.
• Working on a pilot for the Lothian Esk.

CB asked if they have a social media site and if so we should circulated within 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

• that the Lord Ancrum Woods project has been signed off and is in for funding approval.
• the pre-bathing season work at Eastfield Pumping Station has been completed and further work will take place in June and July. Commenting that this has resulted in a slight improvement in performance.
• Electrical over-pumping in place at the Esk Pumping Station, that will remain in during the bathing season. Replacement pump work will take place later this year.

 
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.

• Explained that Scotland has less monitors than England as they prioritise investment on the performance of CSO’s rather than on monitors.
• Highlighted the Scottish water quality and bathing water environment remains good.
• Improving our own waters route map remains on track and have committed to installing 1000 monitors by the end of 2024. These will not stop CSOs from operating during heavy rainfall, but will highlight other priorities that they need to be aware of or investing in.
• Nature Calls Campaign - Updated that Scottish, UK and Welsh Governments have all agreed that they want to introduce a ban on sales of all wet wipes that contain plastics, which will be a massive success for everyone that has been campaigning on this.

 
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

• Results from the Outfall Safari are available on their website adding that they want to do more of these using the resource of interested volunteers to do further surveying and monitoring.
• 6 training session on Outfall Safari in Midlothian are coming up, planning next outfall safari over June and July, extending up the north and south Esk to give a baseline of data.
• Are trying to arrange another visit to a mine water treatment plant in Scotland, taking the FRT steering group and other interested parties (plans to share invite with ERIG).
• Out meeting people at local events (Fisherrow Harbour Festival, Newtongrange Gala day and Loanhead Gala day).

CB asked if anyone is following up with the outcomes of the Outfall Safari.
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. 

• Reported that the visit to the mine water treatment plan was successful.
• The business case reflecting the increase in costs was taken to the UK Department of Energy Security and Net Zero CAB at the beginning of April for approval. They now have approval to proceed with the tender process.
• Once they have completed the Tender process and are ready to award the contract, they will then refer back to the UK Ministry for final approval, planning for August.
• Undertaking work renewing the site fencing and additional site clearance.
• Still waiting for demolition of number 41.
• The process design for the project is due to be completed by the end of July and the tender for construction is due to be sent out to contractors by the end of May.
• Recently had a positive meeting with SEPA regarding the project.

 
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.

• Highlighting that at this point it is areas in west of Scotland and some in the north of Scotland that have some areas where the soil moisture is dry.
• Water scarcity is not yet in the East of Scotland.

 
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.

• In order to be able to access the Water Environment Fund, the barriers must be redundant.
• There are 10 barriers in the Esk that will qualify for the fund.
• If they are to consider a fish pass, they are very reliant on the integrity of the weirs.
• Last winter structural integrity surveys were carried out at Iron Mills weir, Montague Bridge weir and Dalkeith weir.
• There is considered to be no imminent danger of natural collapse of these weirs.
• The next stage of the project sees the three weirs move forward under a single contract. This conception and design contract has been awarded and will start in early July.
• SEPAs preference in general is for removal of a weir adding that Montague Bridge weir is Grade 1 listed and will not be removed and only a fish pass will be considered at this site.
• Hope to move to works stage for Iron Mills weir and Montague Bridge weir in summer 2024 and at Dalkeith Weir in summer 2025.
• There will be engagement activities that will be required later in this year, included with the ERIG group.

 
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

• The Outline Design has progressed, they are on-program and there will be a major public exhibition in June.
• Thereafter they will continue the Outline Design going through a revision cycle with a view to presenting the Outline Design to ELC in February 2024.
• Had further focused community consultations in April and the feedback has been included in the Outline Design.
• The Public Exhibition is dated for 20th-21st of June and they are beginning the process to advertise the event.
• Informed that a further Newsletter has been sent to everyone in the EH21 postcode.
• CP invited everyone in the group to visit the Public Exhibition.

 
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

• commented that unless we do things and keep scaling up we don’t know the answers
• commenting that they shouldn’t think that we cant scale up the results of a small project and think we cant apply this on something like the Esk, we should just get on and do it as we have a climate change crisis and a biodiversity crisis.
• RC referred to a recent article of his in the Times where he stated that they don’t just look at the flood issue, but look at everything brought together.
• explained that he is hoping to get a meeting with the Minister Mairi McAllan MSP to discuss the broader issues and try and get them to review their approach to flood risk in general and have some provisions in the predicted Environment Bill.
• Stated that he hopes to set up an Esk Forum to discuss issues.
• Regarding the Outline Design stated that he hopes that it is a consultation and that East Lothian Council will listen to everyone.
• Discussed a petition has been set up and has 2200 signatures and asserted that the wording is based on information that has been provided originally by the MFPS.
• Discussed wanting to retain the amenity of the river corridor while recognising that some measures need to be put in place to reduce the risk of flooding to the town and to the properties. 

CP commented that once the Technical note is completed the stakeholders need to come together to discuss this.
 
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