Esk River Improvement Group Meeting Minutes of Meeting – 10am, Monday 18th September 2023, Microsoft Teams

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

• SF advised he is working on requests from Rebecca Lewis regarding CSO data and planned operations on reservoirs.
• No major operational updates from Scottish Water.
• CB asked for an update on the works at the Esk pumping station?
• SF notified that he has requested information and he will report back on this after making enquiries.
• SF will circulate to the group work that will be done at Eastfield Pumping station
• CT noted that this was the fourth time that we have asked about the pumping station on the Esk side and an update would be appreciated.
• SF added he will follow up.

 
Raymond Hope presented to the group regarding the Lord Ancrum Woods CSO project.

• Explained that they are on site boring holes and they are on track for starting the work installing the CSO in January 2024. Mechanical screens will be installed.

 
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.
 

• In July received bids back from the construction tender.
• There were issues surrounding the spread of risk and they have been back to contractors to ask questions and now have answers to these questions.
• To allow for the risks to be better understood there has been slippage in the financial approval from the UK government from September until mid November.
• Following evaluation from the tenders, internal approval is expected in mid-October.
• JB added that there has been more water testing done onsite to confirm the water process plan.

CB asked how this has impacted the overall timeline.
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

• Confirmed that there is an authorisation in place for a mobile extraction of water at Cowpits.
• In response to a question at the previous ERIG about monitoring and sampling at the Burnstane burn at Fisherrow, KW confirmed that an associated sample is taken at Burnstane when a sample of the bathing water is taken at Fisherrow. Explained that this could help identify sources if pollution is found in the bathing water.

 
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

• First stage for the work at the three weirs (Montague Bridge, Iron Mills and Dalkeith on the South Esk) is now under way. By JBA consulting.
• RM advised he be available to come back to the group around March/April 2024 to talk about the concept design.
• RM explained that there is a Comms. plan and going to visit stakeholders.

ASK asked if Rob could explain the scope of the contract and expressed disappointment as people have been working on the weir at Ironmills and added that the local community would have appreciated feedback earlier.
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

• SF notified that he has requested information and he will report back on this after making enquiries.
• SF will circulate to the group work that will be done at Fisherrow Pumping station

 
Coal Authority
 

• JB Has there been a date set for the demolition to begin,

 
​

• KW will look into when the findings from the sampling at Brunstane burn will be published

 

• CP (Conor) took an action to raise at an upcoming meeting with flood officer at MLC the issue of dead trees in the Ironmills park area.

 
MLC

• ER to send a written update to the group.