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Representation by Environment Agency (Environment Agency)

Date submitted
19 April 2023
Submitted by
Other statutory consultees

The Environment Agency has reviewed the Development Consent Order (DCO) application, the Environmental Statement (ES) chapters and supporting documents relevant to environmental issues within its remit. The Environment Agency has no objection to the principle of the proposed development and believes the issues summarised below are all capable of resolution. The Environment Agency’s full representation has been submitted via email, to accompany this summary. 1. DCO – amendments and additions are required in respect of some Schedule 2 Requirements. Draft Protective Provisions for the Environment Agency are included in Schedule 4, Part 2 but we will not agree to the disapplication of the Environmental Permitting (England and Wales) Regulations 2016 until the wording of these is agreed. 2. Physical Processes – appropriate methods and data sources have been applied to the assessment. There are some concerns and queries regarding the presentation of figures. We do, however, concur with the view that as the Humber is a large estuary, is naturally a very turbid environment and has a large tidal range, the potential effects from the development will be small. 3. Water and Sediment Quality – we support the conclusion of the Water Framework Directive assessment on the basis that Natural England does not raise any issues in respect of the Habitat Regulations Assessment conclusions. 4. Nature Conservation and Marine Ecology – the Environment Agency has only been able to undertake a limited review of this assessment. We have not been able to review the noise impact assessment for migratory fish and defer to the Marine Management Organisation’s view on this issue. However, we do request an additional condition to ensure that no percussive piling takes place at times when adverse water quality conditions will already be placing increased stress on migratory salmon in the estuary. 5. Coastal Protection, Flood Defence and Drainage – the assessment on these issues is generally satisfactory but further consideration/justification of flood mitigation levels is requested along with additional clarification regarding the potential impact on the integrity of flood defences. 6. Ground Conditions including Land Quality – potential contamination concerns have been identified that require further investigation and assessment. We are satisfied that the approach to assessing the risks posed to controlled waters from contamination is appropriate and we will be pleased to provide further advice on these issue on receipt of the confirmatory ground investigation interpretative report. 7. Environmental Protection and Consents – The Construction Environmental Management Plan and Consents and Agreements Position Statement appears to identify the relevant consents and permits that could be required from the Environment Agency, alongside the use of best practice measures to ensure pollution risks are reduced.