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Environmental Management Plan

Rusha Surface Coal Mine

Issue 8 – April 2014

Contents Banks Environmental Policy..........................................................................5

1. Aims and scope of the Environmental Plan..............................................6

1.1 Management awareness................................................................................6

1.2 Documentation and consent..........................................................................6

1.3 Complaint and notifiable incident procedure..................................................7

1.4 Compliance monitoring and reporting............................................................7

1.5 Questionnaires...............................................................................................8

1.6 Environmental audits......................................................................................8

2. Air quality..................................................................................................9

2.1 Prevention of fugitive dust emissions.............................................................9

2.2 Fumes from blasting.....................................................................................13

2.3 Diesel emissions..........................................................................................14

3. Noise.......................................................................................................14

4. Blasting vibration and air overpressure...................................................15

4.1 Blasting Operations..................................................................................... 15

5. External appearance...............................................................................16

5.1 Overburden Storage.....................................................................................16

5.2 Landscaped soil mounds.............................................................................16

5.3 Site offices and cabins.................................................................................17

5.4 External lighting............................................................................................17

6. Water......................................................................................................18

6.1 Surface water management.........................................................................18

6.2 Water quality................................................................................................19

6.3 Groundwater Protection and Abstraction.....................................................20

7. Perimeter fencing and security...............................................................21

7.1 Perimeter fencing.........................................................................................21

7.2 Road access point........................................................................................21

7.3 Compound condition....................................................................................21

7.4 Hours of operation........................................................................................21

8. Oil, fuel and chemicals............................................................................22

9. Waste management................................................................................23

10. HGV movements...................................................................................24

10.1 Wheel wash facilities..................................................................................24

10.2 Traffic management...................................................................................25

11. Soil management..................................................................................26

12. Wildlife...................................................................................................26

13. Archaeology..........................................................................................27

14. Reviews of the environmental management plan.................................28

Revision StatusRevision No.

Page Number

Section of EMP Description of Revision Date

Issue 51 7 1.6 Environmental

Audits – Action h)Clarification on who carries out audit – appointed Compliance Officer, Robin Caldow of CC Services

23.01.13

2 11 2.1.12.1 Deposited Dust Monitoring – Action b)

Changing of glass slides on a weekly rather than monthly basis.

23.01.13

3 14 3 Noise Text on what qualifies as normal,exceptional and short term operations.

08.03.13

4 15 3 Noise Further clarification of when noise monitoring will be carried out.

28.01.13

5 15 3 Noise Text added to clarify when noise levels at Longford Crofts become applicable as agreed with EHO.

23.01.13

6 15 3 Noise Additional action for notification to WLC in advance of exceptional operations taking place.

23.01.13

7 16 4.2 Piling operations

Section removed as piling operations are now all completed.

23.01.13

8 18 5.4 External Lighting Action a)

Additional text added to include H & S requirements when constructing the mounds.

28.01.13

9 23 7.4 Hours of Operation Action a)

Clarification of normal working hours to include Saturday mornings.

23.01.13

10 23 7.4 Hours of Operation Action b)

Text amended for clarity, referencing exceptional operations.

23.01.13

11 23 7.4 Hours of Operation Action c)

Additional action point added to cover site drainage operations and plant maintenance.

23.01.13

Issue 612 14 3 Noise Detail provided on what constitutes

normal operations.26.03.13

Issue 714 13 2.1.12 Dust All detail removed and reference made

to relevant planning conditions01.08.13

15 14 3 Noise Detail removed and reference made to relevant planning conditions

01.08.13

16 15 4.1 Blasting Operations

Detail removed and reference made to relevant planning conditions

01.08.13

17 21 7.4 Hours of Operation


01.08.13

18 26 11 Soil Management


01.08.13

19 28 14 Review Detail removed and reference made to relevant planning conditions

01.08.13

Issue 820 3 1.2 Documents and

ConsentProtocols for Dust, Noise and Blasting

addedApril 14

21 9 2.1.12 Dust All detail removed and reference made to Dust Monitoring Protocol

April 14

22 11 3 Noise Detail removed and reference made to Noise Monitoring Protocol

April 14

23 12 4.1 Blasting Operations

Detail removed and reference made to Blasting Protocol

April 14

Banks Environmental Policy

Banks Group is an established family business that develops and operates energy and property projects. The aim of the Banks Group environmental policy is to support the continued development of our businesses whilst maintaining a high standard of environmental performance in line with our development with care approach.

We aim to make a significant positive change to both the environment and local communities by delivering environmental benefits and minimising any adverse impacts that could arise from our business activities.

We produce environmental management plans for each of our projects detailing how significant environmental issues, such as noise, waste management and emissions to water or air are controlled.

We are committed to continuing the achievement of the following environmental policy objectives throughout the design, development and operation of our projects and the operation of our business:

To assess the environmental performance of Banks Group projects through a programme of audits and monitoring.

To ensure continuous improvement of the environmental management system and maintain certification to the BS EN ISO 14001:2004 standard.

To ensure that Banks projects are designed, developed and operated incorporating measures to optimise benefits for the environment and our local communities and to avoid, reduce or control any adverse impacts that may be associated with our activities.

To strive to achieve standards above those equired by environmental legislation and to achieve the environmental and sustainable objectives and actions set down in each project’s environmental management plan.

To ensure that energy and natural resources are used efficiently, to minimise wastes and to conduct our business in a safe, responsible and efficient way.

To communicate the requirements of this policy and to make sure that additional copies of the policy and individual project environmental management plans are made available to all employees, any suppliers and contractors whose actions could have a significant environmental impact and to the public or any other interested parties that request such information.

Chairman, Banks Group

Approved October 2013

Harry Banks, ChairmanBanks Group

Banks Mining | Rusha Surface Mine | Environmental Management Plan | Issue 8 | April 14 1

1. Aims and scope of the Environmental PlanThis environmental management plan (EMP) sets the standards of environmental performance for the Rusha Surface Mine. These standards will form the basis against which the site will be measured during environmental audits.

The document sets a number of objectives to ensure that the site is operated in an environmentally acceptable manner through managing the site's potentially significant adverse environmental aspects.* Product quality is not included in this EMP as it is covered elsewhere.**

Each potentially significant adverse aspect has one or more objectives, which are followed by actions to ensure that the objectives are met through operational controls and compliance monitoring. A section on the relevant legislation follows, which details the environmental guidance and legislation relevant to that particular significant aspect.

The Banks Environmental Management System is certified to the BS EN ISO14001:2004 standard and is subject to regular internal and independent external audits to ensure that the site is conforming to the environmental standards in this document.

* A potentially significant adverse environmental aspect is any element of our activities, products and services that can adversely interact with the environment, has the potential to have a significant environmental impact including those for which we have an obligation to manage under environmental legislation. For the Rusha site the activities are all those involved in the extraction. The operational products are coal and other minerals extracted and the services are the transportation of these products to the customer.

** Product quality is covered by Banks Marketing Division’s Quality Assurance (QA) procedures and Castle Clay Sales QA procedures for fireclay. These ensure that our products meet the environmental and quality standards required by the customer.

1.1 Management awareness

Objective One - To ensure that the Site Management are fully aware of the site environmental standards and are encouraged to be committed to complying with the standards.

The site management consists of a site manager and a deputy site manager. Their awareness of the environmental standards set out in the EMP is critical

to the successful working of the Rusha site and the attitude that they take will be reflected in the overall conditions prevailing at the site.

The site manager is responsible for implementation of the environmental management plan

ACTIONS

a) Regular site environmental audits, undertaken by the Environment Team to assess the site's environmental performance against the EMP, are also used to educate and motivate site management to achieve the desired environmental standards on site by explaining the importance of conforming to the standards and focussing on any areas that require improvement.

b) The site management will receive training into the specific environmental issues relating to the operation of the site. This will take the form of a presentation on general environmental awareness and the site's significant aspects and how they should be managed. This training will be part of their induction and a refresher will take place every two years.

1.2 Documentation and consent

Objective Two - To ensure that the site management understands and maintains up-to-date copies of relevant documentation and consents.

ACTIONS

a) The following documents are important to the environmental management of the Rusha site. These are available on site and will be kept up-to-date.

The Rusha Environmental Management Plan Planning permission, planning conditions and

associated documents Scottish Environment Protection Agency

(SEPA) Controlled Activities Regulations


(CAR) discharge licence and any abstraction licences

PPC Permit A daily log of process emissions and dust

emissions from site activities Complaint and notifiable incident log book and

procedure Lagoons and ditches inspection form Weekly site inspection forms (HS/WSI) Banks Environmental Policy Results of all site environmental monitoring Contact names, addresses and telephone

numbers and general emergency procedure for environmental or health and safety incidents

Emergency Spillage Procedure for oils, fuels and chemicals

Handover document from Group to the Mining Division (containing all documents the mining division need to be aware of how to undertake the operation and restoration of the site)

Environmental audit reports and non-conformance notices

Rusha Control of Vehicles Movement Manual Site Access plan Site Compound plan Site Drainage (subject to the requirement of

any discharge licence by SEPA which takes precedence),

Site Working Method – Composite plan Site Working Method – Phase 1 plan) Site Working Method – Phase 2 plan Site Working Method – Phase 3 plan Site Working Method – Phase 4 plan Site Working Method – Phase 5 plan Site Programme plan Construction of Overburden Mound plan

Approved Traffic Route plan Mining Waste Exception Noise Protocol Air Quality Protocol Blasting Protocol

Duty of Care and Special Waste Transfer /Consignment Notes will be sent to Stores at Head Office, where they will be retained.

1.3 Complaint and notifiable incident procedure

Objective Three - To ensure that all environmental complaints and incidents that may occur on site are reported, investigated and appropriate action taken by following the complaint and notifiable incident procedure.

The complaint and notifiable incident procedure sets out how any environmental complaint or incident of a notifiable nature, which may arise from the site’s

activities, will be managed. Complaints can be received by site management or staff at the company offices, where a standard complaint form will be completed. The complaint is investigated and any necessary corrective and/or preventative action is taken and recorded on the complaint form. Also any notifiable incidents are recorded and reported in the same way.

ACTIONS

a) Contact telephone numbers for the Banks Group including 24 hour numbers are published in leaflets distributed to occupants of neighbouring premises before site operations commence.

All complaints and incidents are logged and investigated

b) The complaint and notifiable incidents procedure will be followed by the site management and office staff.

c) All complaints and incidents are reported to the Environmental Coordinator and Site Manager who ensures that they are fully investigated, resolved and closed out.

1.4 Compliance monitoring and reporting

Objective Four - To implement environmental monitoring and reporting techniques to check conformance with planning conditions, discharge consents and coal processing permits.


The environmental monitoring techniques detailed in this plan are used to check that operational controls are effective and that the site is operating within the planning conditions, discharge consents and coal processing permits.


ACTIONS

a) Site noise, dust, vibration, water discharge, and visual impact monitoring and any other monitoring required will be undertaken to ensure that the site operations are operating within the planning conditions, consents and permits.

b) In the event of results showing a breach of these standards this will be investigated and where possible corrective and/or preventative action will occur.

c) The environmental monitoring results will be presented at the site liaison committee meetings and provided to the local authorities and other interested parties upon request.

1.5 Questionnaires

Objective Five - To provide the occupants of sensitive properties with the opportunity to comment on the environmental performance of the site.

A resident questionnaire being completed

A questionnaire is used to report the previous month's environmental monitoring results and to ask a number of questions about the site's environmental performance.

a) During the noise monitoring survey the occupants of any premises where environmental monitoring is undertaken will be provided with results of monitoring and asked for their views on the site's environmental performance.

b) Banks will provide further information, where available, upon request and will address any concerns raised.

1.6 Environmental audits

Objective Six - To ensure that the site is regularly audited against this EMP and that the local community, planning authority and interested parties are invited to carry out a programme of environmental audits to monitor the achievement of the environmental objectives at the Rusha surface mine.

Environmental audits are fundamental to ensuring that the actions for each objective contained within this EMP are established and maintained on the Rusha surface mine.

ACTIONS

Operational Control

a) Before an audit the following documents will be consulted in order to check conformance:

PPC Permit for operation of the coal handling and processing facility

Planning Permission and conditions and approved documents they refer to

SEPA CAR Licenses Results of environmental monitoring Records of previous environmental audits,

non-conformance notices, complaints and environmental incidents.

b) The measures to control significant aspects outlined in this report and their effective implementation will be checked during regular environmental audits of the site. These will be carried out in advance of each liaison committee meeting during the site operational phase.

c) The Mineral Planning Authority, Highways Departments, Environmental Health Department, SEPA, Scottish Water, representatives from the local community and liaison committee members will be invited to carry out the audits. Any other interested local resident will also be welcome to attend an audit.

d) The results of the audit will be recorded on the Environmental Audit Checklist based on this plan and all non conformances noted will be formally recorded along with the action required.

e) Each non conformance will be issued to the relevant person/s to take the corrective/preventative action detailed.

f) The Environmental Coordinator will monitor the progress of action points and once action has been taken it will be checked and if satisfactory the non-conformance will then be closed out. If there are any


outstanding non-conformances at the next audit, these will be priority items to check.

g) The audit results will be reported at the site liaison committee.

h) Prior to 31st August of every year of operation at the site until the completion of the after-care period, the environmental audit shall be carried out by the appointed Compliance Officer setting out the operations that have been varied out in the previous 12 months. This audit will include the effects of the development on the environment, such as noise, blasting, odour, dust and water and also set out measures to be taken to implement the restoration and after-care provisions and the intended operations for the next 12 months.

i) The environmental audit must specify the degree of compliance with conditions and obligations relative to this planning permission and, thereafter, specify if necessary remedial measures required.

An environmental audit in progress

2. Air quality

2.1 Prevention of fugitive dust emissions

Objective Seven- To prevent emissions of dust from site operations.

2.1.1 Maintenance of haul roads using graders and water bowsers

Dust raised from a dry un-surfaced road is considerably more than that emitted from a paved road. The amount of dust raised depends on the number of vehicles, the vehicle weight and speed, silt

content and particle size of the road surface, the number of wheels, moisture content of the road surface and the orientation of the vehicles exhaust.

a) Internal haul roads at the Rusha site will be clearly marked and all movement of mobile plant are restricted to the haul roads.

b) Haul roads will be well maintained using a grader to provide a smooth surface without fine material and clearly delineated so that vehicle movements are restricted to travelling over these roads.

c) The site will be provided with at least two water bowsers holding water that will routinely spray water onto the surface of the haul roads as required.

2.1.2 Maintenance of the access road

ACTIONS

a) The access road at the site entrance will be provided with a tarmac surface and this will be regularly cleaned and brushed to ensure that mud and dust deposits do not accumulate.

b) A wheelwash will be provided at the site, which all HGVs are instructed to use before leaving the site. This will help to ensure that dust and debris on the road between the wheelwash and the site entrance and on the highway is minimised

Haul roads are well maintained to prevent dust emissions


A grader will be used to provide a smooth surface on haul roads

The access road is kept clean at all times

2.1.3 Water supply

ACTIONS

a) Water storage lagoons are constructed to treat and store water falling on the site as rain and ground water pumped from the quarry void. The water treatment lagoons are sufficiently large to supply water required during drought conditions and to ensure that ample water is available for the dust suppression vehicles.

b) Additional water will be abstracted if necessary from a borehole to ensure that there is a constant supply for dust suppression.

Ample water supplies are held on site in water storage lagoons

2.1.4 Dust suppression additives

a) Supplies of dust wetting agent will be used on the Rusha site as required. These can be mixed with the water applied to haul roads during hot, dry weather conditions. Dust wetting agents increase the duration that the road surface remains damp.

b) The use of motor graders on parts of the site treated with wetting agents will also be minimised to optimise the effectiveness of the agent.

c) Dust binding agents will be used on the Rusha site as required. Dust binding agents are diluted with water and can be applied to long term stockpiles or areas of the site, which are without vegetation and not disturbed by mobile plant. The binding agent can be applied after grading has occurred and sprayed on the smooth surface that this produces. This forms a film that prevents dust emissions by wind erosion on these non vegetated, undisturbed areas of land.

A dust suppression vehicle in operation

A Volvo A35 dust suppression vehicle being refilled

2.1.5 Overburden and soil mound construction control measures

ACTIONS

a) The water bowsers that are fitted with a rain gun can be used to spray the mounds and prevent dust arising during their construction if required.


Topsoil mounds are profiled and seeded with grass

b) Once the mounds have been constructed they will be trimmed, aerodynamically profiled so that there are no uneven or rough edges. Seeding of perimeter mounds or those close to sensitive premises will occur as soon as reasonably practicable taking into account the soil and climatic conditions and the time of year. Profiling the mounds will help to reduce wind erosion by reducing surface roughness. Seeding with grass will seal the surface to prevent erosion by rain and reduce fugitive emissions of dust from the soil mounds.

c) If weather conditions are not suitable for seeding, consideration will be given to spraying mounds with a binding agent to seal the surface as a temporary measure to prevent wind erosion until conditions are suitable for seeding.

d) The mounds will be sprayed with water by the bowsers during dry weather conditions to assist the germination of the seed and to prevent fugitive emissions of dust.

All screening mounds are seeded with grass

When excavation occurs below ground level, fugitive emissions from this source are likely to fall within the mining void.

ACTIONS

a) If there is any evidence that this operation gives rise to dust emissions, in addition to the above controls the material to be excavated will also be saturated with a rain gun.

2.1.7 Drilling and blasting dust control measures

A drilling rig fitted with dust collection plant for the drill returns

ACTIONS

a) All drilling rigs used at Rusha will have either dust suppression systems fitted which injects a water and oil emulsion into the hole to ensure that the drill returns are not of a dusty nature or they will be fitted with a dust filtration and collection system so that the discharge of returns is managed in order to minimise the potential for dust.

Charging a blast hole with ANFO

b) Drill returns treated with water will be used to cover the surface connectors to prevent dust from rising when the holes are fired.


c) To prevent the venting of blast holes either suitable drill returns or angular stemming material will be used down the holes.

d) The blast zone will also be kept damp by the application of water from the rain gun on the water bowser prior to each blast to control any fugitive dust emissions that could arise from the surface during detonation.

Damping the blast zone

2.1.8 Coal processing and transport control measures

The processing of coal involves stockpiling coal and then passing the product through crushing and screening plant to reduce the size and to blend coal from the various seams excavated within the site. This process is subject to stringent conditions set down in a permit to operate a prescribed process under the Pollution Prevention and Control Act 1999.

This will be regulated by The Scottish Environment Protection Agency. The precautions to control dust from this source are detailed in the Secretary of State's Guidance (PG3/5(04) - Coal, Coke, Coal Product and Petroleum Coke Processes. Additional measures contained in this guidance that will be implemented at Rusha, that are not mentioned elsewhere include;

a) Care will be taken during the loading process at the face to ensure that no residual coal is crushed by the tracks of the excavators.

b) Coal stockpiles will be, where possible, profiled, consolidated and clearly delineated to prevent vehicles other than wheeled loading shovels from running over the edges and crushing coal.

c) A water bowser fitted with a rain gun will be used in the coal stocking area to minimise fugitive coal dust emissions.

d) In order to minimise fugitive emissions of dust from the coal processing plant, dust suppression will be provided in the form of a water irrigation system over conveyor belts.

e) The conveyor belts return section will be kept clean using a fixed scraper.

f) Transfer points on crushing and screening plant will be enclosed. Drop chutes will be attached to minimise exposed free fall of coal and minerals passing through the plant.

g) Items of plant used on the site will not be fitted with downward facing exhausts to minimise dust rising by exhaust gases.

h) A Daily visual inspection shall be conducted to determine if there is evidence of any airborne dust deposited off site. Results will be recorded in the log book and appropriate action taken.

i) The site manager will keep a daily log of all process operations and site activities and note any malfunctions which could lead to abnormal emissions. If there is likely to be an effect on the local community the site manager will notify the Local Authority.

j) There is a speed limit of 20mph which are to be adhered to by all vehicles entering and leaving on site. This help to minimise the potential for dust generation.

Coal processing in progress

2.1.9 Restoration control measures

Where restoration works are being carried out the land is covered with subsoil and topsoil which is cultivated and seeded with grass or planted with trees. Soil cultivations can give rise to dust emissions during dry weather conditions.

ACTIONS

a) A water storage lagoon or tank will remain on site to provide water for the applicable dust suppression techniques mentioned above throughout restoration operations.

2.1.10 Meteorological equipment


Meteorological monitoring equipment

The action of the wind on dry stockpiles, bunds, overburden mounds and land may also give rise to windborne dust emissions. Wind erosion is dependent upon a number of factors including wind speed, particle size, moisture content, the areas of the exposed surface and the surface roughness. The threshold wind speed required for particles to become airborne without disturbance from vehicles or machinery will depend on these factors but is generally around 5m/s.

ACTIONS

a) A weather station which records wind speed, direction, rainfall and temperature will be installed at the site office.

b) The weather station will log weather conditions continuously and the site manager will use this data and record in the log book of visual emissions what the weather conditions are when undertaking the visual assessment. This shall include the wind speed, wind direction and an observation of the weather conditions.

2.1.11 Additional measures

ACTIONS

a) If for any reasons these precautions are not effective at preventing dust emissions from leaving the site, the site manager will suspend operations giving rise to the emissions until weather conditions change or effective dust control measures have been implemented.

b) The site manager may move site activity to another part of the site where operations can proceed without giving rise to dust emissions.

c) The precautions outlined above will also be carried out to minimise emissions of dust by wind erosion during periods when the site is not working, where possible.

d) During weekends and holiday periods staff will be available to implement dust control measures and complete the daily log book of dust emissions.

e) During dry weather conditions haul roads are dampened in the evening and before the start of work in the morning.

2.1.12 Dust monitoring

In accordance with the approved Dust Monitoring Protocol.

Relevant legislation

It is a requirement under The Pollution Prevention and Control Act 1999 and (Scotland) Regulations 2000 to hold a permit to process coal.

The 'Best Available Techniques' (BAT) are to be used to control emissions and achieve environmental protection and specific conditions are applicable to the loading, unloading, processing and transporting coal. A permit has been issued for the Rusha Surface Mine. This details the specific management that is to be used.

Process Guidance Note 3/5(2004) Secretary of State's Guidance for Coal, Coke, Coal Product and Petroleum Coke, provides guidance on the BATs for processing coal.

The Environment Act 1995 (as amended) Part IV and the Air Quality Regulations 2002 set out provisions for a National Air Quality Strategy in the UK. The annual air quality objectives for PM10 in Scotland is 18ugm-3, and the 24 hour objective of 50ugm-3 is not to be exceeded more than 7 times a year.

Under Part III of The Environmental Protection Act (EPA) 1990 levels of dust that are prejudicial to health or interfering with an individual’s right to use or enjoy their property is a Statutory Nuisance and therefore measures to prevent it becoming a nuisance should be taken.

The Water Environment (Controlled Activities) Regulations 2005 (CAR) requires water abstraction to be registered or licensed with SEPA, depending on the quantity abstracted.

Planning Advice Note 50 Controlling the Environmental Effects of Surface Mineral Workings 1996 provides guidance in relation to minimising dust.

Planning conditions for the Rusha site

2.2 Fumes from blasting

Objective eight - To minimise the impact of fumes from blasting operations


All explosives produce gas, however much of this is non-toxic consisting of Nitrogen, carbon dioxide and water vapour. Small amounts of toxic gases are also produced including nitrogen monoxide, nitrogen dioxide and carbon monoxide.

2.2.1 Ammonium nitrate

Where Ammonium Nitrate and Fuel Oil (ANFO) is the explosive used for blasting on site;

ACTIONS

a) ANFO will not directly be used in any drilled holes containing water as this enhances the levels of fumes. A gas bag or similar device will be used to keep the ANFO out of the water.

b) ANFO may be replaced with packaged or bulk emulsion

2.2.2 Emulsion

a) Where emulsion is the explosive used on site the supplier will ensure that the ratios of the mix used are such that toxic gases are minimised.

Compliance monitoringThe above control measures will be checked through the environmental audit process and any non-conformance will be noted and rectified.


No guidelines exist for the control of fumes in open environments. General limits are given by the Health and Safety Executive and are updated annually. The implications are more relevant to the occupational health of employees rather than local residents.

2.3 Diesel emissions Objective nine - To maintain operational plant in good working order to minimise gas emissions to the atmosphere

ACTIONS

a) A maintenance programme operated by the Plant Division will identify plant due for maintenance, based on the number of hours it has been in operation. This ensures that all plant is in good working order and will therefore prevent any environmental impact caused by poor maintenance. (Plant QA Maintenance Procedure PLT/WKS/011).

b) To maintain efficient air filters a system of cleaning out approximately every 300hours of use and reusing them and renewing them approximately every 1,000 hours of use is adopted.

Compliance monitoring

All of the above controls will be checked through the environmental audit process.


The Road Vehicle (Construction and Use) Regulations 1986 (as amended) require vehicles to be manufactured to high standards and requires the owners and operators to maintain vehicles in such a way as to prevent excessive emissions or noise. Road vehicles are subject to regular scheduled and unscheduled tests and specific limits are defined for different vehicle types for exhaust gas concentrations of carbon monoxide and hydrocarbons. This legislation also makes it an offence to use a vehicle on the road if it is emitting smoke.

3. Noise

Objective ten - To use best practice to ensure that noise emissions are controlled to acceptable levels

ACTIONS

Operational Control

a) Plant identified in the noise impact assessment for the Rusha site will be fitted with Banks designed acoustic insulation (Noise Reduction Programme compliant plant) to ensure compliance with planning condition noise limits.

b) All acoustically insulated plant used on the Rusha site will be checked regularly to ensure that exhaust silencers and acoustic insulating panels and quilts are fitted and in good working order. The completion of this is recorded on the weekly site inspection form. Also at regular servicing intervals (approximately every 250 hours of operation) acoustic insulation is checked as part of a Plant maintenance service (QA Procedure PLT/WKS/011 and associated service sheets e.g DTS92, EXS92 and D400SS99).


Site generators

c) Pumps, generators and lighting sets will be located to ensure that they are inaudible at the nearest noise sensitive premises and where necessary will be acoustically insulated.

d) The site manager will ensure that mobile plant is not operated outside the permitted hours of operation stated in the planning permission, unless there is prior approval from the Minerals Planning Authority.

e) All mobile site plant will be fitted with a working, automatic broadband noise reversing alarm to ensure that reversing alarms are unobtrusive at surrounding sensitive premises.

f) Any items of plant with defective acoustic insulation or exhaust silencer will be reported to Banks Plant Department for immediate investigation and remediation.

g) All Banks HGV tractor and trailer units are fitted with air suspension rather than traditional leaf and springs and rubber bushes are fitted to the trailer bodies and chassis to minimise noise from this source.


As set out in the approved Noise Monitoring Protocol.


The Environmental Protection Act (EPA) 1990 levels of noise that are prejudicial to health or interfering with an individual’s right to use or enjoy their property is a Statutory Nuisance therefore 'Best Practicable Means' (BPM) should be taken to prevent/abate any noise nuisance.

Planning Advice Note 50 Controlling the Environmental Effects of Surface Mineral Workings 1996 provides advice on good practice relevant to minimising noise.

4. Blasting vibration and air overpressure4.1 Blasting Operations

Objective eleven - To ensure that best practice is used to control noise, vibration and air overpressure associated with blasting operations

ACTIONS

a) A fully trained explosives supervisor will be appointed to take charge of explosives at Rusha.

b) A set of shotfiring rules will be followed, which detail operating procedures to ensure that shotfiring operations on site take place without endangering the workforce or public.

c) Once each hole is charged, sufficient angular stemming material and/or drill returns is placed above the explosive within the hole in order to confine the explosive force hence maximising the effectiveness in fracturing the rock whilst minimising environmental disturbance.

Blast hole survey


d) Once all of the holes are charged, the detonators are connected in a predetermined sequence so as to ensure that only one charge is detonated at any one instant. A Nonel or similar type initiation system will be used to achieve this. The detonation delay sequence shall be designed so as to ensure that firing of the holes is in the direction of free faces so as to minimise vibration.

e) Appropriate blasting techniques shall be adopted at all times and instantaneous charge levels selected such that the predicted peak particle velocity is within the blasting planning condition for Rusha when measured on the ground adjacent to vibration sensitive buildings.

f) Blast areas will be accurately surveyed and recorded as required.

g) The blast is designed (burden, spacing, hole diameter, size of MIC's) to minimise environmental effects.

h) Drilling will be accurate to maintain the designed blast pattern.

i) The completed boreholes will be recorded.

j) All surface detonators are covered.

k) There will be no surface lines of detonating cord.

l) No secondary blasting will occur except in the case of miss-fires.

Compliance Monitoring

As set out in the approved Blasting Protocol.


Blasting operations are controlled by legislation contained within the Quarries Regulations 1999. Part V of these regulations incorporating Regulations 24 through to 29 details the legal and practical duties of the various personnel involved in the blasting process. The regulations also outline the specifications to be prepared in advance of operations taking place and the methodologies to be followed.

Under The Environmental Protection Act (EPA) 1990 levels of vibration that are prejudicial to health or interfering with an individual’s right to use or enjoy their property are a Statutory Nuisance and therefore the 'Best Practicable Means' should be used to prevent vibration becoming a nuisance.

Planning Advice Note 50 Controlling the environmental effects of surface mineral workings 1996 provides advice on good practice relevant to minimising the effects of blasting.

The planning permission for blasting at the site includes many conditions including the maximum Peak Particle Velocity in any one plane at a certain confidence level.

5. External appearance

Objective twelve - To ensure that the Rusha Site creates a favourable image, to minimise the visual impact on the surrounding area and to enhance the landscape quality upon restoration.

5.1 Overburden Storage

ACTIONS

a) The location and height of any overburden mound will comply with approved plans in the Planning Permission.

b) The external faces of any overburden mound will be covered with drift material and not large rocks and boulders, with the tops rounded or gently domed to prevent standing water and seeded.

Strimming will be used to maintain the perimeter soil mounds

5.2 Landscaped soil mounds

ACTIONS

a) The slope of baffle mounds are constructed to a gradient which prevents slippage/slumping. They are of the approved height and located in approved positions.

b) The outer faces will be trimmed and profiled with the backactor during construction.


c) Soil mounds will be seeded with grass at the earliest practicable opportunity.

d) Soil mounds will be maintained to ensure effective grass seed germination and any areas eroded by rain will be trimmed and re-seeded. Grass on perimeter soil mounds visible from outside the site, will be cut regularly or grazed and kept free of agriculturally noxious and invasive weeds.

e) The Rusha soil mounds will be located to provide effective visual screening to site operations. Wherever possible, internal haul roads and mobile plant will be screened from view from outside of the site.

f) Where possible, parking areas for site plant during break times will be located where they are not visible outside the site.

5.3 Site offices and cabins

Objective thirteen - To ensure that all employees and visitors are welcomed to a safe and clean site.

ACTIONS

a) The site offices and cabins will be located in the compound and screened from external view.

b) The site office will be identified with a sign providing instructions on how the site management may be contacted if the office is unattended.

c) The site offices will be clean, tidy and free from excessive mud or dust on the floor.

d) Lavatories, washing and shower facilities will be maintained in a clean and hygienic condition suitable for visitors.

e) The external condition of site offices will be in good repair and painted matt green.

f) Grass verges of the access road and highway in the immediate vicinity of the site will be maintained and protected from damage by vehicles and kept free of litter.

g) Concrete kerbs will be maintained and kept free of dust, dirt or mud.

Rusha site office

5.4 External lighting

Objective fourteen - To ensure that the working area is well illuminated by lighting that is not intrusive outside the site boundary.

ACTIONS

a) The Rusha working area will be well illuminated by lighting which will not be intrusive outside the site boundary, with the exception of (in accordance with Health & Safety requirements) when constructing the outer faces of screening mounds. All lighting will be downward facing.

b) All floodlights will be switched off during daylight hours.

c) Prior to the erection of any mobile or fixed external lighting columns, full details of the height, location, luminescence and position of all external lighting columns will be agreed in writing with the Development and Building Control Manager.

d) Once agreed all external lighting columns will only be erected in the agreed position unless the Development and Building Control Manager agrees to a non-material variation in the positioning of such lighting columns.

e) Lighting sources will be fitted with housing surrounding the lighting unit in order to minimise the contribution to upward spread or light spill.


Quarterly visual impact monitoring surveys will be undertaken, providing weather conditions permit. This involves taking photographs of the site from fixed points and comparing them with the predicted views of the site prepared for the Planning Application and the design controls recorded above. Deviations from the construction designs of any mound or landform will be rectified to ensure that the design controls and predicted views included in the planning application are achieved.


During winter months the quarterly monitoring includes a visual check after 4pm to ensure that site lighting is not intrusive outside the site.

ACTIONS

a) Quarterly visual monitoring surveys will be undertaken, weather permitting.

b) Results will be compared to the predicted views and any non conformance will be investigated and actioned to comply with the approved design.


The planning conditions for the site will require the site to be developed in accordance with agreed plans.

Planning Advice Note 50 Controlling the environmental effects of surface mineral workings 1996 provides advice on good practice relevant to minimising visual intrusion.

Best practice has been considered and applied from guidance contained in the Institute of Lighting Engineers, Guidance Notes for the Reduction of Obtrusive Light, 2005.

Example of site lighting

6. Water 6.1 Surface water management

Objective fifteen - To responsibly manage the rate of flow of water on site so that it flows into the water treatment system and only leaves the site through consented discharge points after treatment.

6.1.1 Diversion of burns on the Rusha Site

a) CAR Licences are required for the diversion, culverting and reinstatement of the burns on the Rusha site that will need to be diverted in order for site operations to take place. The conditions of these licences will be complied with.

b) No water shall be abstracted from any surface watercourses on the site for the purposed of dust suppression without the appropriate consents from SEPA.

6.1.2 Surface Water Discharge Points

ACTIONS

a) The site will discharge all excess surface water via the surface water discharge points specified in the Planning Permission and the Scottish Environment Protection Agency CAR discharge Licence CAR/L/1037602 shown on plan HJB/535/62(IssueA2). This will be achieved by a design of perimeter ditches which collect any rainwater and runoff from the site and direct it to water treatment areas, from which the discharge points are located. This will include drainage from access and haul roads and exposed soil.

b) Total discharge of effluent shall not exceed a maximum daily volume of 7776 cubic metres per day.

c) The maximum rate of flow of the effluent shall not exceed 90 litres per second.

d) A ‘V’ notch flume or other suitable measuring device will be fitted at the outlet to allow for flow measurements to be taken.

e) A sample point as shown on drawing HJB/535/62 (Issue A2 ) will be constructed, maintained and used as a sample point.

Water is discharged along ditches to a water treatment lagoon

6.1.3 Lagoon storage capacity

ACTIONS

a) Adequate water storage capacity, to contain and treat surface runoff before it leaves the site, is calculated by taking into account a number of variables. These include the catchment area, the runoff coefficient, varying storm durations and rainfall intensities and the flow rate.

b) The lagoons shall be regularly cleared of mud and silt to maintain their capacity for intercepting sediment laden water.


6.1.4 Drainage and water treatment lagoons

ACTIONS

a) The site drainage and water treatment areas will be inspected each week in accordance with the weekly 'Lagoons and Ditches Inspection Report'.

b) All ditches will be maintained free of any obstruction to the flow of water.

c) All ditches will be maintained free from excessive erosion and where necessary remedied by lining with plastic sheeting, netting, stones or placing turf along the banks and channel of the ditch.

d) All existing land drains will be identified and disconnected from watercourses.

e) The Rusha perimeter ditches will be laid and maintained to avoid low points that prevent water draining into the lagoons.

Water treatment lagoon

6.1.5 Septic tank discharge

ACTIONS

a) Discharge shall consist solely of treated sewage effluent from a septic tank.

b) Septic tank discharge will have a maximum daily volume not exceeding 2.7 cubic metres.

c) Discharge shall be to land via an infiltration system of a minimum surface area of 213 metres square.

d) Sample point will be constructed and maintained as shown in Appendix 1 of the CAR licence from SEPA.

e) Septic tank will be desludged regularly to prevent excessive carryover of suspended solids (least once every 2 years).

6.1.6 Restoration drainage

a) When the site enters the restoration phase the sites restoration plan shall be implemented. This includes drainage measures to ensure that once restored the land will have an effective drainage system in place.

6.2 Water quality

Objective sixteen - To ensure that water is treated so that it is clean before discharging to a water course.

ACTIONS

a) The coal processing and stocking areas will be provided with a separate drainage ditch and a small cut off lagoon to enable treatment of any contaminated water before discharging into the main water treatment lagoons, if deemed necessary.

b) The inlet to the lagoon system has a baffle box to reduce soil erosion caused by the impact of the water.

c) The outlet to the lagoon system will be provided with dip pipes to ensure that in the event of oil contamination it would remain on the surface, where it can be removed, and would not be discharged off site.

d) Provision will be made to add flocculent blocks to water treatment lagoons.

Mixing the flocculent with the water in a baffle box

e) The inlet baffle box will ensure adequate mixture of the flocculent with the water.

f) Water leaving the treatment lagoons will be visually checked daily to make sure it is clear and that there are no visible traces of oil or grease.

g) Samples of discharged water are taken at least once each week and tested as required in the Scottish


Environment Protection Agency (SEPA) CAR discharge licence for the Rusha site (shown on plan HJB/535/62 Issue A2).

h) A means to measure the flow rate of the discharging water will be fitted and maintained on site. The flow rate permitted in the CAR licence will be complied with to prevent causing erosion to the receiving watercourse.

i) Water treatment lagoons will be adequately fenced and provided with signs warning of deep water and lifebelts.

All lagoons will be securely fenced and marked with appropriate signs

6.3 Groundwater Protection and Abstraction

Objective seventeen - To ensure that water is abstracted in accordance with a licence, where required, and that groundwater is not adversely affected by site operations.

ACTIONS

Operational Control

6.3.1 Abstraction from a borehole

Abstraction from a borehole at the Rusha site will only be necessary if additional water is required for dust suppression.

a) If abstraction is required a CAR Abstraction licence will be applied for if the quantities to be extracted require one. The conditions of this license shall be complied with.

6.3.2 Dewatering of the void

a) As dewatering of the mining void will lower groundwater levels, this activity will require a CAR authorisation by SEPA. Any controls that this imposes will be followed on site.

6.3.3 Groundwater Protection

a) All drainage from sinks, showers and lavatories will. Use a septic tank, which will discharge to land via a closed soakaway system. The septic tank used has a CAR licence with SEPA, number CAR/L/1037602.

b) Any foul soakaways shall be located at least 50 metres from any watercourse or permeable drain.

Compliance Monitoring

All the above operational controls for water control and water quality will be checked through the environmental audit system.

Results of the weekly sampling and testing of the surface water discharges will be compared with the water quality parameters set in the SEPA CAR discharge license. Any non conformances will be noted and action taken to minimise the potential for recurrence.

Groundwater level monitoring may be required if abstraction occurs on site.


The Water Environment (Controlled Activities) Regulations 2005 (CAR) brings into force parts of The Water Services (Scotland) Act 2003 and makes it an offence to cause or knowingly permit pollution of controlled waters. They also require a CAR licence to discharge water from a surface mine and a responsible person must be nominated to ensure that this is complied with. The CAR Licence details the permitted discharge, type, quantity, flow rate and other restrictions.

CAR licences are also required under this legislation for the diversion and culverting of controlled waters.The septic tank with a soakaway requires a CAR licence.

Planning Advice Note 50 Controlling the environmental effects of surface mineral workings 1996 provides advice on good practice relevant to managing surface water.

SEPA’s Mineral Extraction Code of Practice for the Owners and Operators of Quarries and Mineral Extraction Sites contains best practice on preventing groundwater pollution.

The Rusha Planning permission contains planning conditions relevant to water management and the CAR licence number CAR/L/1037602 should be referred to.


7. Perimeter fencing and security

Objective eighteen - To ensure that sites are safely and securely fenced to discourage unauthorised access to the working area.

7.1 Perimeter fencing

ACTIONS

a) Where appropriate the perimeter of the Rusha site will be fenced and marked with warning signs to discourage unauthorised access. There will be warning signs on any perimeter fencing adjacent to public access areas such as footpaths and tracks.

b) The site perimeter boundary will be inspected once per week to check for damage and to remove any windblown litter.

Stiles in diverted footpaths will be maintained in good condition

7.2 Road access point

ACTIONS

a) The Rusha site entrance will be provided with the following:-

A lockable gate in good condition. A sign stating the name of site and the

operator, a contact name and 24 hour telephone number.

A sign on the road either side of the entrance warning of site access.

All the above will be maintained in a clean condition.

b) The access road and highway will be hard surfaced, in good repair and free from excessive cracks, unevenness, raised trenches or potholes.

7.3 Compound condition

The Rusha site car park will be physically separated from areas where mobile plant or HGV's are operated or parked.

ACTIONS

a) The car park will have an appropriate surface treatment.

b) Visitor car parking is provided adjacent to the Rusha site offices.

c) All site vehicles will be prohibited from entering the site car park to prevent contaminating the surface of the car park with mud. A separate area will be provided for parking site vehicles.

d) Coal processing, coal stocking and plant maintenance areas will be physically separated from the office and car parking areas.

e) The office compound and car park will be located near to the site entrance to avoid driving through working areas on entering site.

f) The office compound area will be well illuminated and lighting will not be widely visible from outside the site.

g) Site security staff patrol the site when the site is not operational.

h) All security staff shall be provided with emergency and out of hours contact details.

7.4 Hours of operation

ACTIONS

The site shall only operate during the times permitted in the planning permission for the Rusha site in accordance with condition 3 of planning permission dated 5 July 2013 (Ref: 0428/FUL/12).


This will be checked through the environmental audit system.



Quarries Regulations 1999 requires the provision of barriers suitable to discourage trespass into the site.

Planning Advice Note (PAN) 50 Controlling the Environmental Effects of Surface Mineral Workings 1996 provides advice on good practice relevant to footpaths and fencing.

8. Oil, fuel and chemicals

Objective nineteen - To minimise the risk associated with storage, use and disposal of oils, fuels and chemicals.

ACTIONS

a) An inventory of all environmentally significant oils, fuels and chemicals will be kept on site recording the maximum amount, type and hazard associated with each substance.

b) The Rusha Emergency Spillage Procedure will set out the procedure to be followed in the event of any accidental spillage.

110% bunded oil and fuel storage

c) Oil and fuel shall be stored in containers which are of sufficient strength and structural integrity to ensure that they are unlikely to burst or leak in ordinary use.

d) All deliveries of oil to the site will be supervised to ensure that storage tanks are not overfilled. Records of this shall be kept on site.

A fuel delivery under supervision

e) All stationary fuel and oil tanks will be provided with an impermeable bund of at least 120% capacity. Any bunded tank exposed to the elements will be checked weekly for accumulated rainwater and litter. Litter will be removed and rainwater removed by pump ensuring that surface oil is first mopped up with oil absorbent pads. Oil and fuel will be regularly mopped up from all bunds. This will be recorded on the weekly inspection form.

f) When not in use mobile fuel and lubricating oil tankers will be parked in an area surrounded with a clay bund on three sides to contain any accidental spillage.

g) Flexible delivery pipes from the fuel/oil bowers will be fitted with manually operated pumps or a valve at the delivery end that closes automatically when not in use.

h) All oil storage will be located more than 10 metres from any ditch, water treatment lagoon, watercourse, river or pond. A bund will also protect the ditch.

A waste oil drainage tanki) Waste oil is drained into the waste oil drainage tanks and transported to the waste oil storage tanks.

j) Waste oil storage tanks will be labelled and bunded to 120% capacity of the tank.

k) All accidental spillages will be immediately cleaned up in accordance with the emergency spillage procedures.


l) Sufficient absorbent materials, booms and mop up sheets will be provided in a labelled, waterproof container and available for use in the event of accidental spillage.

m) Pumps, valves and transfer hoses, when not in use, will be located within a bunded area and tanks should be locked when unattended.


All the above controls will be monitored as part of the environmental audit procedure.


The Water Environment (Oil storage) (Scotland) Regulations 2006 includes requirements for the safe storage of oil in any tank or container of greater capacity than 200 litres. These regulations, unlike in England, also apply to waste oil. The containers must be robust and in good condition and must be situated within adequate secondary containment to prevent the release of any oil that has escaped from its container and positioned to minimise the risk of impact.

The Water Environment (Controlled Activities) Regulations 2005 require preventative action to prevent polluting substances from entering controlled waters.

The Environmental Protection Act 1990 places the duty of care on anyone who is holding waste to ensure that the waste is securely stored and cannot escape form a person's control. This is therefore relevant to the storage of waste oil.

Oil Spillage Supplies

9. Waste management

Objective twenty - To minimise the impact of waste generated by the Rusha site.

ACTIONS

a) Containers will be brought on site to store the waste before it is removed off site. These shall be lidded in order to control the waste.

b) Waste containers will be located at least 10 metres away from any ditch or water course.

c) Waste containers will be labelled for different types of Special/Hazardous waste such as ‘used oil filters’ and ‘oil absorbents’ in order to keep these waste types separate and manageable.

Segregated Hazardous Waste Bins


d) Only waste carriers registered with the SEPA will be used to remove the waste off site. Evidence of their licences or exemptions will be stored with Stores at Head Office.

e) SEPA will be notified 72 hours in advance of any transfer of Special waste from the site.

f) All hazardous waste removed from site will have a correctly filled in Hazardous Waste Consignment Note accompanying it. The Consignee's copy will be retained with Banks Stores for three years.

g) All non-hazardous waste (controlled waste) removed from site will have a correctly filled in Duty of Care Waste Transfer Note accompanying it. A copy will be retained with Stores at Head Office for two years.

h) The Waste Management Facilities to which the waste is sent, will be licensed to receive such waste. The licences will be retained at Banks Stores.

i) Return Duty of Care and Special Waste Consignment Notes shall be requested from the Waste Management Facility that the waste was sent to and shall be retained at Stores, in order to confirm that the waste was received.

j) A labelled, 110% bunded waste oil drainage tank will be provided for the collection of waste engine, hydraulic and transmission oils.

k) All fences will be inspected at least once per week for windblown litter which will be removed. This will be recorded on the weekly inspection form.

l) Bonfires and the burning of waste in the open are prohibited.

Waste oil storage


Environmental Audits will include checks on all the above areas to ensure compliance with these controls.


Special Waste Regulations 1996 (and amended Scotland) requires all substances on the EU hazardous waste list to be kept separate from other wastes and the movement of these wastes must be notified to The Scottish Environment Protection Agency and recorded on a 'section 62 consignment note', a standard waste transfer note for special waste.

These regulations were updated by the Special Waste Amendment (Scotland) Regulations 2004, to take into account amendments to and expansions of the European Waste Catalogue and the list of hazardous wastes.

Consignment notes must be completed and retained and all substances on the EU hazardous waste list to be kept separate from other wastes and collected by an approved registered waste carrier. It is our responsibility to make sure that the waste is being responsibly transferred and disposed of.

Controlled waste is subject to the duty of care requirements of The Environmental Protection Act 1990. This imparts a legal responsibility for the storage, handling and disposal of waste. There is a responsibility to ensure that the waste does not escape from a person's control, that it is transferred to an authorised person, that a Duty of Care Waste Transfer Note is correctly completed for waste leaving the site and that the waste is legally disposed. The transfer notes must be retained for 2 years.

The exemption that quarries and mines previously had under Section 75 of The Environment Protection Act 1990 has now been revoked by The Waste (Scotland) Regulations 2005 and therefore mines and quarries waste is now subject to the Duty of Care requirements.

Under Part III of The Environmental Protection Act (EPA) 1990 deposits and accumulations that are prejudicial to health or interfering with an individual's right to use or enjoy their property is a Statutory Nuisance and therefore measures to prevent litter becoming a nuisance should be taken.

The Clean Air Act 1993 prohibits dark smoke from being emitted from industrial premises and therefore prevents the burning of waste on site.

Also see Oils, Fuels and Chemicals regarding waste oil.


10. HGV movements10.1 Wheel wash facilities

Objective twenty one - To ensure that the Rusha site operates in a manner that results in internal and external surfaced roads being of an acceptable cleanliness.

A wheel wash will be used at all times

ACTIONS

a) An automatic wheel wash will be available to clean the wheels and underside of all laden coal and clay lorries before they exit from the Rusha site.

b) No coal laden vehicle shall leave the site in the event of the wheel wash facility being in operative through mechanical failure, low temperature and periods of routine servicing.

b) The automatic wheel wash will operate for a minimum duration of one minute to clean the wheels and underside of HGV's.

c) The spray nozzles will be maintained in good condition and will be directed at removing debris from tyre treads.

d) Signs will be erected directing all HGV's to use the wheel wash before leaving the site.

e) The area surrounding and immediately after the wheel wash will be maintained in good repair and kept free of slurry, mud or dirt to prevent recontamination of wheels.

f) The road between the wheel wash facility and the access onto the highway (A704) will be hard surfaced with tarmac or concrete to provide a hard surface that is clean and free of ruts or potholes.

g) The water in the wheel wash will be regularly replaced in order to keep it clean enough to be effective, and at least weekly.

h) Waste water from the wheel wash will pass through silt traps and settling ponds before discharge.

i) The access road will be long enough to prevent any contamination washed from the wheels from being carried onto the highway.

10.2 Traffic management

Objective twenty two - To minimise the impact of Transport operations on other road users and the occupants of sensitive premises along the route to and from the site.

ACTIONS

a) The following signs will be in place to instruct the drivers of all HGV's entering and leaving the Rusha site.

Speed limit The route to be taken within the site All loads must be sheeted All vehicles must pass through wheel

wash/clean wheels Specify to turn left on leaving site

b) All HGV drivers will be issued with a copy of the Control of Vehicle Movements document setting out the route and other site specific requirements for the Rusha transport operations. The relevant requirements of any haulier contractor will be communicated by the Transport Department.

c) Access to the site will only take place at an agreed location, as indicated on drawing HJB/535/PA14a.

d) All lorries will have an upward facing exhaust.

e) All HGV's will be regularly serviced and maintained to VOSA standards.


Clear site signage

f) Drivers of HGV's leaving the site will use the sites weighbridge to ensure that their vehicle is not overloaded.

g) All loaded HGV's will be sheeted before leaving the site.

h) A sheeting bay shall be provided within the site.

i) The times and number of arrivals and departures of HGV's will comply with planning conditions.

j) All lorries will have clean wheels and undersides before leaving the site. The overall condition of lorries will also be clean.

k) All HGV’s will not be permitted to convoy, with a minimum separation distance between HGV’s from the site of 200 m being maintained whilst on the haulage route.

l) No more than 63 heavy goods vehicles shall leave the site laden with minerals in any one day.




Planning Conditions to include, limits on numbers of wagons and hours of transportation.

A number of the above measures are also likely to be conditions of the site's Pollution Prevention and Control permit to process coal as this includes transporting coal.

The Road Vehicle (Construction and Use) Regulations 1986 (as amended) see 'Diesel Emissions' section for details.

Planning Advice Note 50 Controlling the Environmental Effects of Surface Mineral Workings 1996 provides advice on good practice concerning traffic.

11. Soil management

Objective twenty three - To manage soil in a responsible way that protects it for restoration of the site.

Refer to conditions 16-35 of planning permission dated 20 September 2011 (Ref: 1199/M/07).


The measures will be routinely checked through the environmental audit process.


Agriculturally noxious weeds are defined by the Injurious Weeds Act 1959.


12. Wildlife

Objective twenty four - To minimise any temporary or permanent effects on areas of ecological interest and to enhance the ecological value of the Rusha site once mining operations are complete.

ACTIONS

a) Any existing hedgerows and trees to be retained on the Rusha site will be marked on a plan and will be given sufficient stand-off. They will also be protected by fencing or stakes with bunting or hazard tape and identified with warning signs.

b) In areas of advanced tree planting or progressive restoration saplings will be checked annually to ensure they are:-

healthy weed free supported by stakes where necessary protected by guards or fencing to deter

damage from rabbits, deer or livestock

c) Any areas of progressive restoration will be backfilled to final level and graded.

Planting at our Pegswood site

d) A habitat management plan is to be prepared for the site which will include mitigation measures for any identified protected species and control measures.

e) All trees and shrubs planted within the after-care period which become diseased, damaged or are removed will be replaced by a similar number of trees and plants of the same species within the first available planting season.


The habitat management plan will provide the basis for an ecological monitoring programme to measure the success of the plan.



The Wildlife and Countryside Act 1981 (as amended) allows for the designation of National Nature Reserves (NNRs) and Sites of Special Scientific Interest (SSSIs) and protects certain species.

Nature Conservation (Scotland) Act 2004 amends the Wildlife and Countryside Act 1981 by providing enhanced protection and management of SSSIs. The Act makes it an offence to damage SSSIs and places statutory duty on public bodies to further the conservation and enhancement of SSSIs. Protection for threatened plant and animal species is also strengthened.

Council Directive on the Conservation of Natural Habitats and Wild Flora and Fauna (92/43/EEC) (The Habitats Directive) provides protection to specific habitat types and species listed as being under threat.

Council Directive on the Conservation of Wild Birds (79/409/EEC) (Bird Directive) requires protection of migratory species by designating Special Protection Areas (SPAs) for areas associated with the species including their breeding and wintering areas.

13. Archaeology

Objective twenty five - To identify and protect or investigate and record any issues of historical importance.

ACTIONS

a) Any archaeological monitoring required during soil stripping will be carried out by a suitably qualified field archaeologist.b) The programme of monitoring will be agreed with the local authority in accordance with the planning permission.

c) Reporting of the monitoring will be completed by the supervising archaeologist following completion of soil stripping.

d) The findings will be reported to the local authority and the liaison committee.


An archaeological study in progress


National Planning Policy Guideline’s (NPPG) 5 ‘Archaeology and Planning’ and 18 ‘Planning and the Historic Environment’ provide guidance on considering archaeological interests in Scotland.

The Rusha Planning Permission requires a scheme to be agreed with the local authority for the investigation, protection and reporting of archaeological issues.

14. Reviews of the environmental management planReviews carried out In accordance with condition 11 of planning permission dated 5 July 2013 (Ref: 0428/FUL/12).


Prepared by:

Christine Hogarth, Environmental CoordinatorBanks Mining

Approved by:

Mark Dowdall, Environment & Community DirectorBanks Group

Jim Donnelly, Divisional DirectorBanks Mining

Issue 8 – April 2014

Banks Mining, Inkerman House,St John’s Road, Meadowfield,

Durham DH7 8XL


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