Esk River Improvement Group Meeting Minutes of Meeting – 10am, Monday 7th October 2024, Microsoft Teams

Attendance: Colin Beattie MSP, Rob Munn (MSP Office), Laura Boyce (Scottish Water), Steven Boon (Scottish Water), Ann Stewart-Kmicha (Dalkeith & District Community Council), Barbara Mackie (Eskbank Newbattle Community Council), Rachael Langfield (Coal Authority), John Batty (Coal Authority), Peter Finnie (SEPA), Katrina Wilson (SEPA), Rob Mitchell (SEPA), Conor Price (Musselburgh Flood Protection Scheme), Rachel Warrington (Musselburgh Flood Protection Scheme, Ross Hughes (Forth River Trust), Paul Butler (SEPA), Philip Duncan (Musselburgh Racecourse).
Apologies: Rory Sandison (NatureScot), Scott Fraser (Scottish Water), 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), Roddy Henry (Newbattle Abbey College), Anne Hyatt (Roslin and Bilston Community Council), Anne Hyatt (Roslin and Bilston Community Council), Jenny Gray (MSP Office), Shona Grant (East Lothian Council), Edel Ryan (Midlothian Council).
 

Welcome
CB welcomed everyone to the meeting. The previous minutes were approved following a correction raised by ASK.

1. Scottish Water – Steven Boon/Laura Boyce

SB updated on,

• Esk Wastewater pumping station – work is continuing with more work needed, completion is now expected next year due to the extra work. The temporary pumping arrangements are working well and contractors are continuing on site.
• Eastfield pumping station upgrade work has been carried out and it is performing well
• Joppa pumping station – there has been some seawater ingress there where the outflow pipes have valves to stop seawater coming in – those valves have failed. Work is ongoing to replace those with a temporary system in place.
• Bathing season - no asset issues
• McDonald Road pumping station – work to replace the second Archimedes screw has started aiming to have it replaced before the next bathing season or sooner.

LB gave an update on the improving urban waters route map. SW is investing £500m in monitoring and improvements to improve the environment by transforming the wastewater infrastructure. 1000 new monitors and 3 intelligent wastewater network catchments in place by the end of 2024 with plans to reach 1500 during 2025. In December there will be a live data map available on the SW website giving information on the CSOs giving transparent data about overflows.
Update on Lord Ancrum’s wood project began in March 2024 and due to be completed in the next two weeks which will improve the environment of the Mary Burn after £2.1m investment.
CB how many monitors will be on the ESK?
SB between 6 and 10 and the team have capability to install more if needed
ASK referring to the previous minutes there was talk of 19 monitors with plans for a further 16 monitors within the catchment area. Is that the same kind of monitor or a different type?
SB There are two kinds – an intelligent network monitor and an event and duration monitors which go on the outfalls. So, a mix of both. The numbers seem high but Scott reported them so that will be right.
RH Do you know the location data of your CSOs? We’ve been doing outfall surveys using data SW have provided and some of the CSOs are really far away from the locations we’ve been given. Have we identified the CSO Scottish Water knows about or is it an outfall that belongs to someone else?
SB We’re going to represent the CSOs on two different systems – internal and public (customer map) so we have to make sure they are accurate so we will improve the location information. We need to so we can send teams out to respond to real time monitoring.
PF regarding the pumping station there has been some public disquiet is there a plan to update the local community to keep them appraised of the timeline for the finalised work?
SB SW were due to go the two separate events that were cancelled at the last minute. The information is available and we’ve provided it separately. We’ll see if there is anything else we can do including putting an update on our website.
ASK The new CSO at May Burn bearing in mind the new East Houses Primary School opened in August, has there been any problems or conflicts in that area?
LB Don’t believe so. When we are in communities, we do try to engage with the community to keep them in the loop.
SB No issues – we’ve had good engagement with the school and had involvement with pupils. Also what you see now is not what you’ll end up with. It’ll all be underground and not intrusive. Would add that it was ERIG pushing that made these works happen and made them happen faster.
CB Some of these projects move quickly and that is appreciated. I’m sure the local residents will see the benefit over the coming period.
 
 

1. Coal Authority – Rachael Langfield John Batty

RL Updated on the Coal Authority project the Dalkeith Water Treatment scheme. At the last meeting I reported that we had commercial approval and we were waiting on sponsor department approval. We continue to await departmental approval. This is due to the change of government. The project will span two spending reviews. We expect single year approval for the year ahead and then three-year approval for the following year. We need to have a conversation with the Treasury to give them confidence and clarity of our budget. We are waiting on a meeting between our CFO and the Treasury. Once we gain approval we can move into the construction phase. We are keeping the pressure on and making them aware of the importance of this project. 2024 has been very wet so we’ve seen a lot of dilution in the river, however it is still looking very orange. Thanks to Colin for sending through constituents comments around that. We are aware and continue to monitor the chemistry and iron within it. The deterioration is ongoing but at a slower rate than seen in 2020-2021. We continue to work with SEPA around those levels and the water quality. At previous meetings we’ve discussed the ochre recycling and are currently investigating opportunities with a Scottish distilling business as part of a circular economy recycling and not sending to landfill. It’s not finalised yet but certainly a good news story when it is.
CB Everyone is concerned to ensure that the funding is in place and will stay in place.
RL This is why we need to have the conversation with the Treasury, we’ve allowed for it in our forward budget and need the final Treasury approval. I’ll inform this group as soon as we get sign off.
ASK The new MP for Midlothian, Kirsty McNeil has a remit in the Scottish Office so it might be worth speaking to her?
RL Thank you support from all quarters is helpful.
JB Updated on Coal Authority works. There was a stakeholder event in early September. Regarding the site works the demolition is completed and the contractors are getting on with preparatory works, boreholes etc. We’ve applied for permissions with Midlothian Council for tree felling and entrance works. The design is progressing and evolving so we end up with a robust plan by the time we get approval.
 

1. SEPA

RMi updated on the Esk fish barriers project. The concept design phase for the three weirs is complete and outputs have been shared with stakeholders. Happy to share these with members of this group. On the North Esk Montague Bridge weir which can’t be removed the design is for a fish pass. Iron Mills has a concept design for full removal at the moment, with more work needed to understand the upstream effects on riverbed if the weir is removed around impact on the railway viaduct and on landowners before detailed design work commences. There are important reasons for rolling the works at Montague Bridge and Iron Mills together into a single contract so works at these weirs has been postponed until at least summer 2026. On the South Esk investigations are being carried out the Lothian Bridge weir a short distance upstream of the weir at New Mills Road to understand if it is eligible for the Water Environment Fund. Until that work is complete we won’t have a time frame for the works and again the proposal is for full removal. Due to challenges with funding, we’re carrying out a prioritisation exercise focusing on delivery of project stages already committed to. Those that SEPA have issued grant funds or where grant awards or directly commissioned contract awards are in place. As the ESK fish barriers project is not one of those it needs to pause now until funding is authorised. The majority of water environment fund projects are in the same position. While it is not a retraction of existing funding SEPA can’t commit to any future funding currently.
CB opened for questions.
RH Asked if there was anything the community could do.
RMi Contact your local MSP, lobbying on behalf of the fund.
CB As the local MSP I’m happy to lobby.
There were no more questions for SEPA.
 

1. East Lothian Council - no update

 

1. Midlothian Council

RM read a written report submitted prior to the meeting.
Midlothian Council have appointed a consultant to assist with obligations under the Flood Risk Management Act. Undertaking undertaking flood studies and preparing a surface water management plan. Currently recruiting a flood officer. Tree debris has been removed at the weirviaduct by Network Rail. There has been no reported fluvial flooding on either river in the last few years. Midlothian Council are now a partner in the Lothian Esk Catchment Partnership under the lead of East Lothian Council and the Forth River Trust. The partnership is looking at biodiversity and natural flood management potentials on the upper catchment.
CB closed with suggestion that questions could be put in the chat box and passed to MLC for response.  
 
 
 
 
 

1. Forth River Trust

RH the biggest news is the Lothian Esk Catchment Partnership. It’s mostly larger bodies that are involved but I’d like to see more community engagement. I hope that Citizen Esk can be a focus for people to put questions to the group and also to bring forward project proposals.
Citizen Esk has continued to carry out safari surveys. Surveying invasive species and mapping those across the catchment. We’ve got a partnership with the giant hogweed eradication group identifying plant locations they may have missed. We have found examples like Japanese knotweed. We’ve been able to find some funding to get those plants treated. Citizen Esk was funded for three years and next May is the end of that funding, so we are looking for some extra funding to keep an environmental project going partnership growing and implementing practical operations. We’ve been taking to landowners about greening the river, riparian planting environmental improvements. The project has raised awareness of the issues and how to raise those. Also identifying the source of discharges into the river and who is responsible. Looking to link in online training and make available on our website.
There were no questions and RH asked if any arose after the meeting to email him.

1. Riverfly on the Esk/Buglife no report

CB Rebecca has sent a report which can be circulated.
Raised a point from the report about reviewing the trigger levels with SEPA for each site and that they have two triggered level breaches from invertebrate surveys and four state 4 alerts of poor ecological from water sampling to date. Are SEPA aware of this and have comment?
PF If that can be forwarded to me I can get it checked with ecology.

1. Musselburgh Flood Protection Scheme – Conor Price

CB Followed up on an action point from the last meeting regarding SG funding. Reported that the response had been circulated and summarised the SG response to the meeting as encouraging but uncertain on final funding.
CP Stated that he could provide no further update. There is a wider flood protection programme and MFPS is part of that. The challenge is there are funding pressures in the programme.
CP moved onto an update on the MFPS. The scheme is in the formal process under the Flood Risk Management Act. The latest newsletter is on the MFPS website – reminded attendees that they can sign up for the newsletter to be emailed. The formal legal process is managed by the ELC legal services. Outlined the comment/objection process. If an objection is deemed valid it progresses forward. If it is not valid it is put to one side. The statistics show that 7% of correspondence was invalid. In order to be valid the metrics were Name, Address, nature of objection, submitted in writing. Objections can be withdrawn. In due course ELC elected representatives will consider these valid objections. Thereafter, if required, it will proceed to a public local inquiry. There are three choices available 1) confirm the scheme as published unmodified, 2) confirm the scheme with some modification and 3) reject the scheme. One of these must be taken at the preliminary stage. Once that decision is made it may or may not travel forward to a public local inquiry.
CP updated on the invasive species management work. Outlined that each year the steering draws up a plan for the coming year. The programme this year has focused on treatment of giant hogweed, Japanese knotweed and Himalayan balsam. As outlined in the newsletter more has been done in 2024 than any previous year. There has been great progress with the number of organisations now involved and the number of volunteers. As the seeds travel downstream, we have reached out further in the catchment with treatments – example the corridor to Edinburgh along the old rail line to Leith working with Transport Scotland, Network Rail and Scottish Water etc to target across the network. The 2025 plan will be discussed in February. Mentioned the work of James Wiley in his work on this programme and the end of year barbeque. Suggested that invites to events are circulated to this group so there is an opportunity to meet the volunteers and learn more about the work they do.
Moving forward it is hoped that Lothian Esk Catchment Partnership can continue to lead on this work.
Updated on the other work going on with MFPS – work on an assessment under the habitat regulations is ongoing in the background working with NatureScot and others. This work is need due to the Firth of Forth Special Protection Area. Connected to that there is work ongoing with ELC and Dynamic Coast to understand the risks of coastal erosion due to climate change. ELC’s coastal change adaptation plan will stretch along the full coastline of East Lothian. The MFPS is responsible for some 5-6km of that coast and is the location of the greatest understood risk from coastal erosion.
Outlined the emergent Lothian Esk Catchment Partnership which will bring together 7 to 8 organisations who are responsible for flood risk management, biodiversity and environment within the catchment area. It is hoped it will be formally established by the end of the year.
Updated on a severe weather event in May that saw river levels rise quickly and were fortunate that it did not coincide with a high tide – a couple more hours of rain or alignment with a high tide would have seen a flood event. There has been engagement with businesses in South Mills and ELC’s emergency planning team and there has been ongoing work since with temporary flood barriers being sourced so the businesses can protect themselves should another event occur. Once I have the full analysis of what occurred there, I’ll share it with the group.
CB invited questions – there were none.
CB Thanked everyone and closed the meeting.
 
Meeting ends at 10:55
 
Summary of Actions to be updated Oct 7th
 
 
Coal Authority

• Provide an update on ministerial approval