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Clearing the Waters for All
WFD guidance for developers and
regulators in estuarine and coastal waters
Mike Best
Environment Agency
Estuarine and Coastal Monitoring and Assessment Service
Background
All regulatory and licensing authorities must have due regard to WFD under their duties
Includes: MMO
Port and Harbour Authorities
Local Authorities
IFCAs
EA
Must be able to show applicant has done this before license is granted
2
Original guidance: Clearing the Waters for Dredging and Disposal (2012)
• Large and wordy
But guidance required for other activities
New Guidance must be: for all activities in estuarine and coastal waters
Logical easy-to-use framework,
focussed on WFD quality elements (“parameters”),
Expand upon Clearing the Waters
“Clearing the Waters”
Activity Description of activity
Coastal and flood defence Flood defences, sea defences, barrages, weirs, beach replenishment, managed
realignment
Coastal docks, ports and marina Dock wall, quay wharf, lock gates, training wall, breakwater, land claim/reclamation
Navigation including buoys and mooring Buoy/navigation work, anchoring, moorings, mooring dolphin
Pontoons and slipways Piers and slip ways, marine pontoons
Infrastructure for industry and energy e.g.
turbines, aquaculture lays
Wind turbines, tidal and wave turbines, pilings, aquaculture rigs/lays
Cable and pipe laying Laying, maintaining and decommissioning pipelines, intake and outfall pipelines and cables
including scour protection
Diffuse inputs Diffuse inputs including run off from agricultural fields and roads.
Point source inputs Sewage effluent, industrial discharge, thermal discharge
Leisure and tourism Bait collection, angling, small motor vessels, walking over habitat, coastal tourist sites
(public beaches and resorts), recreational activities (e.g. boating, yachting, diving, etc)
Shellfish Aquaculture Bivalve cultivation on bottom, suspended substrata.
Fin Fish Aquaculture Caged fin fish
Active Fishing Trawling, dredging
Passive Fishing Potting, staked nets and lines
Dredging Aggregate extraction, navigational and maintenance dredging
Dredge spoil disposal Disposal of dredge spoil
Shipping
Anchoring, harbour navigation (mooring, beaching, launching etc.), vessel movement
Research and survey Scientific research and exploration, seismic surveys
Extraction (of substrate) Removal of substrate from the sea floor
Military Activities in air, water surface, water column and seabed including vessel movement, arms
testing and training activities
4
8
Key features of new guidance
Simple risk-based screening
Expectation fewer projects / activities will require further detailed assessment
All quality elements should be assessed
Deterioration at water body and element level should be avoided in all water bodies - including HMWBs
WFD "Quality Elements"
Biological Quality Elements Phytoplankton
Macroalgae (eg Rocky Shore Seaweeds; Nuisance Green algae)
Angiosperms (eg Saltmarsh, Seagrass)
Benthic invertebrate Fauna
Fish Fauna
Hydromorphological Quality Elements Tidal Regime
Morphological Conditions
Physico-chemical Quality Elements General Conditions (nutrients, DO, Temp., Transparency)
Pollutants.
9
Pre-screening
Screening Hydromorphology, Biology, Water Quality,
Protected Areas
Further Assessment Deterioration, Cumulative and Measures
10
Pre-Screening process
YES
YES to both
NO to one or both
Was the activity carried out between 2012 and 2014?
AND
Does it have an existing WFD assessment?
Go to screening process
Have there been:
Any significant changes to the physical, spatial or temporal characteristics of the activity (e.g. methodology, footprint, depth, volume, timing or other physical
parameter); or
Any known pollution events since the activity was last carried out?
Is there any indication that the activity is contributing to failures of protected areas to meet their objectives?
Go to screening process
Is the water body at good chemical status and good ecological status or good ecological potential?
No further WFD compliance assessment is required
Is this a new activity or project? Go to screening process
YES
NO
Is this an emergency, MMO fast track or WFD low risk activity?
No further WFD compliance assessment is required
YES
NO
NO
NO Go to screening process
YES
YES
NO
Is the proposed activity planned in or near a high status water body or a water body with high status
for hydromorphology?
Go to screening process
Emergency activities
Safety directions under the Merchant Shipping Act 1995
Salvage activities
Fire fighting
Air accident investigation
Deposit of marine chemicals and marine oil treatment substances etc
Deposit of equipment to control, contain or recover oil etc
Accidental deposits - removal activity
Emergency works in response to flood or flood risk
Use of vehicles to remove litter, seaweed or dead animals from beaches
Removal of obstruction or danger to navigation
Coastguard activities - safety purposes and training
Deposit and use of flares etc - safety purposes and training
Cables and pipelines - authorised emergency inspection and repair
MMO fast track
Minor maintenance activities
Clearance dredging
Placement of scaffolding and ladders
Markers and buoys
Minor removals from the seabed
Taking of samples and other intrusive investigations
Burials of human remains at sea.
WFD low risk activities
Maintenance of existing structures
Re-pointing of brick work/block work structures
Void filling (unwanted gaps that have opened in solid structures)
Re-positioning rock, rubble or block work on an existing structure
Replacing elements of an existing structure
Re-facing, skimming or covering existing structures
Repair work to existing structures
Maintenance, repair or replacement of existing structures
Cleaning and/or painting of a structure and graffiti removal
Maintenance of pumps at pumping stations
Blockage/obstruction removal at a structure
Removal or management of in-stream debris/rubbish from culverts and trash screens
Maintenance of coast protection, drainage and flood defence works
Maintenance of harbour works
Temporary works
Temporary scaffolding to enable bridge re-pointing
Temporary flood defences
Temporary excavation of trial pits or boreholes (up to 1m3)
Temporary structural investigation works such as intrusive tests (up to 1m3) and non-intrusive surveys
Bridge deck/parapet replacement/repair works
Replacing road, rail, footpath, or other surface on a bridge
Replacement or dismantling of any pipes, cables or service crossing over a watercourse
Temporary markers
Scientific instruments
Samples for testing or analysis
Trash removal Removal of urban trash from channel and banks. This does not include the removal or gravel or woody debris
Other activities
Markers for European marine sites and marine conservation zones
Launching of vessels etc
Diver trails within restricted areas
11
Screening
5 Sections Hydromorphology (2 steps)
Biology – habitats (2 Steps)
Biology – Fish (1 Step)
Water Quality (2 Steps)
Protected Areas (1 step)
13
Screening
Pre-screening
Biology: FishBiology: Habitats Water Quality Protected AreasHydromorphology
Hydromorphology
Step 1
Hydromorphology
Step 2
(High Status)
Biology: Habitats
Step 2
Biology: Habitats
Step1
Biology: Fish
Step 1
Water Quality
Step 2a:
Chemistry Mixing
Zone
Water Quality
Step 1
Water Quality
Step 2b:
Chemistry No
Mixing Zone
Protected Areas
Step 1
Further Assessment
Deterioration, Cumulative Impacts and
Measures
Hydromorphology screening step 1
YES
YES Go to hydromorphology screening step 2
Go to biology screening step 1*
Is the water body heavily modified for the same use as a modification
in the proposed project? Go to further assessment
NO
Is the proposal in a water body with High status for hydromorphology?
NO
Information in:
Waterbody information table
Hydromorphology screening step 2
Is the hydromorphology ‘At risk’ from the activity (see
Table 2.3)?
Is the hydromorphology risk category ‘May be at risk’ in Table
2.3?
No further consideration of hydromorphology required for WFD
compliance purposes
NO
NO
Go to further assessment
Go to biology screening step 2*
* where WFD habitats will act as a proxy for hydromorphology impacts
YES
YES
16
Table 2.3
Activity or Modification Risk category
Impoundments/coastal and flood defence structures
At risk Land claim
Dredge spoil disposal
Dredging and extraction
Infrastructure for industry and energy
May be at risk Point source discharge
Pontoons and slipways
Biology Screening Step 1 – WFD Habitats
NO
YES
YES
YES / Not sure
Are there any WFD sensitive habitats in the water body (see Table 2.4)?
Is the footprint of the activity directly over, or within 500m of, any WFD sensitive habitats (see Table 2.4)?
Is the footprint of the activity ≥0.5km2? *
NO
NO
No further consideration of habitats is required for WFD compliance purposes
YES / Not sure
Go to biology screening step 2
No further consideration of habitats is required for WFD compliance purposes
Go to biology screening step 2
Is the footprint of the activity ≥5% of the water body area?
NO
Go to biology screening step 2
* For all dredging activity the total footprint
must be calculated as 1.5 x the actual dredge
area. For other projects it is usually the
physical space taken up by the structure and
the construction site.
Info
rmation in:
Wate
rbody info
rmation t
able
PDF Habitat
maps
“Magic”
Habitat maps
WFD Quality element habitats (Table 2.4) WFD sensitive habitats
Intertidal Seagrass
Saltmarsh
Subtidal Seagrass
Chalk reef
Clam and Oyster beds (including cockles, native oysters)
Mäerl
Mussel beds (including Common or blue mussel (Mytilus) and Horse Mussel)( Modiolus)
Polychaete reef (including Sabellaria, Serupilid and Lanice)
Subtidal kelp beds
WFD habitats for consideration
Gravel and cobbles
Intertidal sand and mud
Subtidal sand and mud
Rocky shore
Subtidal boulder field
Subtidal rocky reef
Information in:
Waterbody information table
Biology Screening Step 2
21
YES Does your activity fall into
the ‘At risk’ category in Table 2.5?
Go to further assessment
Is the footprint of the activity >1% of the WFD habitat?
NO
NO No further consideration of habitats required for WFD compliance purposes
YES Go to further assessment
Information in:
Waterbody information table
Table 2.5
Category Activity
Risk category
WFD sensitive
habitats
WFD habitats
for
consideration
Construction Coastal and flood defence At risk At risk
Coastal and flood defence (maintenance) May be at risk May be at risk
Coastal docks, ports and marina At risk At risk
Navigation including buoys and mooring At risk May be at risk
Pontoons and slipways At risk May be at risk
Infrastructure for industry and energy e.g. turbines, aquaculture lays At risk At risk
Cable and pipe laying May be at risk May be at risk
Discharges to water Diffuse inputs At risk May be at risk
Point source inputs At risk At risk
Recreation Leisure and tourism May be at risk May be at risk
Fishing/fisheries Shellfish aquaculture At risk At risk
Finfish aquaculture At risk At risk
Active fishing At risk At risk
Passive fishing At risk May be at risk
Physical works Dredging (capital) At risk May be at risk
Dredging (maintenance) May be at risk May be at risk
Dredge spoil disposal At risk May be at risk
Extraction of substrate At risk May be at risk
Transport Shipping At risk May be at risk
Research and survey Research and survey May be at risk May be at risk
Military Military sea surface, water column and seabed activities At risk May be at risk
Biology Screening - Fish
YES
NO to both
YES to one or both
Is the activity occurring in or likely to impact on a transitional water
body?
2. Could the activity present a barrier to fish movement or migration or affect the flow regime of
the estuary?
3. Is there a significant risk of fish becoming impinged or entrained due to the project?
YES
No further consideration of fish is required for WFD compliance
purposes
NO
Go to further assessment
Is the activity located within the intertidal zone or in water less than 5m
deep?
YES
NO
1. Is the activity near any fish spawning grounds?
AND / OR
No further consideration of fish is required for WFD compliance
purposes
Information in:
Waterbody information table
Habitat
maps
Water Quality Screening step 1 YES / Don’t
know 1. Could your activity cause a change in the chemical status of water either by discharge or disturbance of the sediment?
Go to screening step 2 for chemistry
YES 2. Is your activity planned in a water body with history of significant and persistent algal blooms or toxic algal blooms?
Go to further assessment
3. Could your activity cause a change in transparency, temperature, salinity, dissolved oxygen, nutrient or microbial patterns continuously for a significant period (>14 days)?
AND
AND
No further consideration of physico-chemistry required for WFD compliance
No further consideration of chemistry required for WFD compliance NO
No further consideration of phytoplankton required for WFD compliance
NO
YES Go to further assessment
NO
Information in:
Waterbody information table
Chemistry screening step 2a- “Point source” with mixing zone
Could your activity cause a failure
in the Environmental Quality
Standard (EQS) in the water body?
Go to further assessment using H1 guidance, Annex D1
NO
No further consideration of chemistry required for WFD
compliance purposes
YES
Chemistry screening step 2b- “Physical Works”without mixing zone
NO
AND
YES
No further consideration of chemistry is required for WFD compliance purposes
3. Are any contaminants in the sediments over Cefas Action Level 1?
AND / OR
Have there been any chemical failures (biota or water column) in the water body?
Go to further assessment YES / Not Sure
NO
1. Are any of the chemicals which may be used or released during the activity EQSD chemicals (e.g. WFD specific pollutants, priority or priority hazardous substances?)
Go to further assessment
2. Could the activity disturb any sediment?
YES
No further consideration of chemistry is required for WFD compliance purposes
“chemicals Table”
MMO website?
Information in:
Waterbody information table
Protected Area Screening
29
NO
Is the activity occurring in a protected area or within 2km of a protected area?
Go to further assessment
YES
No further consideration of protected areas is required for WFD compliance purposes
Information in:
Waterbody information table
Habitat
maps
Protected Area Relevant legislation
Special Areas of Conservation (SAC) Habitats Directive
Special Protected Areas (SPA) Birds Directive
Shellfish waters Shellfish Waters Directive (superseded by WFD in
2013)
Bathing Waters Bathing Waters Directive
Nitrate Vulnerable Zones (polluted and
sensitive) Nitrates Directive
Nutrient Sensitive Areas (polluted or
eutrophic) UWWTD
Screening Completed
Easier to fill in a template ?
Provides simple audit trail
Whatever not screened out, will be in further assessment.
31
Don’t Fear Further Assessment
Consideration of screened elements and any steps to reduce impacts.
Proportionate to risk (but individually unique)
Cause a non-temporary deterioration element / WB
Prevent WB reaching its objectives
May need to consider: the current status of the water body and the screened in element
the likelihood of an effect and deterioration in status
the potential effect activity on its own or in combination / cumulatively with other pressures on the water body.
mitigation measures either in place or that could be undertaken
the WFD “aim to improve” objective for water bodies not yet at good status
35
A quick exit from further Assessment
Change the material / substances being used?
Change the method employed by the activity?
Change the timing of the activity?
Change the location?
Is activity too short to have a significant impact?
<3 moths - <3 years
36
Quality element Estuary Coast
Biological
Phytoplankton 6 months 6 months
Other aquatic flora 3 years 3 years
Macro invertebrates 3 years 3 years
Fish 3 years N/A
Physico-chemical
Thermal conditions 3 months 3 months
Oxygenation 3 months 3 months
Salinity 3 months 3 months
Nutrient status 3 months 3 months
Other pollutants 3 months 3 months
Priority substances 1 month 1 month WFD sensitive habitats
Intertidal Seagrass 1 year
Saltmarsh 0.5-1 year
Subtidal Seagrass 1 year
Chalk reef 0.5-1 year
Clam and Oyster beds (including cockles, native
oysters)
6 months
Mäerl 1 month
Mussel beds (including Common or blue mussel
(Mytilus) and horse mussel)( Modiolus)
6 months
Polychaete reef (including Sabellaria, Serupilid
and Lanice)
1 month
Subtidal kelp beds 3 months
WFD habitats for consideration
Gravel and cobbles 1 year
Intertidal sand and mud 1 year
Subtidal sand and mud 1 year
Rocky shore 1 year
Subtidal boulder field 1 year
Subtidal rocky reef 1 year
Mitigation and Measures
Mitigate impacts / prevent deterioration / reach objectives
Restore or enhance status
RBMP measures Programme of Measures
Activity-specific measures
What’s in place ?
What can be added ?
Technically feasible / Cost-Benefit test
Will it make a difference?
37