NOORDERZIJLVEST Water Board

Transcription

1 NOORDERZIJLVEST Water Board Groningen, 1 April 2010 Number DECISION THE EXECUTIVE BOARD OF THE NOORDERZIJLVEST WATER BOARD Makes this decision in respect of the request submitted by Eemsmond Energie B.V., Laan Corpus Den Hoorn 300, 9782 JT Groningen for a Bye-law exemption Exemption of application On 5 November 2009, we received an application from Arcadis Nederland BV on behalf of Eemsmond Energie B.V., Laan Corpus Den Hoorn 300 in Groningen for a Bye-law exemption dated 5 November 2009 numbered B02024/CE9/0G9/000010, in which Eemsmond Energie BV requests exemption from the Noorderzijlvest Water Board Bye-law 2000 in respect of the implementation of a cooling water system for an energy power plant to be constructed at Eemshaven, as indicated on the attached drawings numbered C0110, C0111, C0121, C0112, C0113, C0114, C0115, C0116, C0117, C0118, C0119, C0120, C0122, C0123, C0124, C0125, C0126, C0127, C0128, C0200, C0201, C0202, C0203, C0204, C0205, C0206, C0207, C0300, C0301, C0302, C0303 and C0304, some of which are dated 30 September 2009 and some 30 October 2009; The application is based on the provisions in article 13 paragraph 1 under a (1), under b (1 and 5) and secondly in conjunction with article 21 of the Noorderzijlvest Water Board Bye-law 2000; Procedure As of 1 March 2009, articles 9b, 9c and 9d of the Electricity Act 1998 (Bulletin of Acts and Decrees 2008, 416) and the Implementation decree for the national coordination regulation for energy infrastructure projects (Bulletin of Acts and Decrees 2009, 73) came into force. Based on the above provisions, article 3.35, first paragraph, introductory phrase and part a of the Spatial Planning Act (Wro) now applies to decision-making with respect to the Eemsmond Energie project. The Minister of Economic Affairs is the designated minister, within the sense of article 3.35 of the Spatial Planning Act, who is responsible for coordinating the necessary decision-making. Based on the Implementation decree for the national coordination regulation for energy infrastructure projects, the national coordination regulation is applicable to this decision. Therefore pursuant to article 3.31, third paragraph and article 3.32 in connection with article

2 3.35, fourth paragraph of the Spatial Planning Act, this decision is to be prepared in accordance with the uniform public preparatory procedure as set out in section 3.4 of the General Administrative Law Act and the special rules as referred to in article 3.31 and article 3.32 of the Spatial Planning Act. Adopting the role of the designated minister, the Minister of Economic Affairs supports the coordinated preparation of the decisions for Eemsmond Energie B.V.. The present decision was prepared as follows together with a number of other decisions on application: on 18 January 2010, notification was published relating to the design in the Netherlands 2 Government Gazette. Notification was also published in a number of free local papers; on 20 January 2010, a draft of the decision was sent to Eemsmond Energie BV by the Minister of Economic Affairs; the draft of the decision was made available for perusal in the Netherlands from 19 January 2010 to 1 March 2010 inclusive at the offices of the Ministry of Economic Affairs, the municipality of Eemsmond and the Province of Groningen; one information-sharing evening was organised on 4 February 2010, offering the opportunity to verbally express views. Pursuant to section 3.32 in connection with section 3.35, fourth paragraph of the Spatial Planning Act, this decision and a number of other decisions required for the Eemsmond Energie project are published by the Minister of Economic Affairs at the same time. Notification thereof is also given by the Minister of Economic Affairs in the Netherlands Government Gazette, a number of free local papers and electronically. Stakeholders are also notified thereof. At a later stage, there may be a few more decisions required with respect to the Eemsmond Energie project that have to be coordinated under section 3.31, third paragraph and section 3.32 in connection with section 3.35, fourth paragraph of the Spatial Planning Act. Noorderzijlvest Water Board Bye-law 2000 In order to carry out various works in and near to water-retaining structures, an exemption is required based on the Noorderzijlvest Water Board Bye-law. The bye-law contains the following provisions amongst others. Article It is prohibited: a. within core zones: 1. to dig, to excavate or to carry out any kind of ground disturbance; 2. to keep domestic animals or to allow them to roam on water-retaining structures, with the exception of sheep; 3. to drive cars or other vehicles anywhere except on the road; 4. to use any methods of fertilisation other than those permitted by the Executive Board; b. within core zones and protective zones: 1. to construct, use, replace, modify or remove debris from structures, with the exception of fencing as mentioned in article 9; 2. to put up, use or fit rising wood cladding; 3. to carry out drilling, including drilling required in order to explore or extract gas or liquids or minerals;

3 4. to damage, destroy, move or remove sheeting being used to protect water-retaining structures or other means of protection; 5. to construct, set up, use, repair, modify, replace or remove pipes, tanks, pressure vessels or other high- or low-pressure structures. c. within core zones and protective zones, other than in clearly designated places: 1. to fasten or allow ships or fishing vessels to be moored; 2. to deposit or store objects, materials, substances or liquids or allow them to flow out; 3. to dispose of waste; 4. to pitch or use tents, caravans, mobile homes and suchlike; 5. to hold competitions, exhibitions, livestock auctions, functions, markets or fairs, to put up stalls or tents or to set up a pitch with vehicles, trailers and suchlike; d. to enter core zones and protective zones, unless you are authorised to do so, if that is clearly indicated to the public by the Executive Board. e. within core zones, protective zones and outer protective zones: 1. to carry out excavations for the purpose of extracting minerals or spoil as well as seismic investigations; 2. to use explosive materials or explosive systems; f. within outer protective zones, to construct, set up, use, repair, modify, replace or remove pipes, tanks, pressure vessels or other structures with an overpressure of 10 bar or more. 2. The prohibitions specified in the first paragraph do not apply to actions connected with the performance of repairs and maintenance as mentioned in articles 6, 7 and The Executive Board may set rules regarding permissible methods of fertilisation for water-retaining structures. Section 4 Exemptions Article The Executive Board may grant exemption from the orders and prohibitions laid down in this bye-law. 2. Provisions may be attached to an exemption in order to protect the interests of the parties involved in the hydraulic engineering tasks and an exemption may be granted for a definite period of time. 3. The provision in the second paragraph applies accordingly to the refusal, amendment and withdrawal of an exemption. Reasons for the decision The works to be carried out in respect of our Bye-law mainly consist of the crossing of the primary water-retaining structure at Eemshaven in two places. The decision regarding the application is based on the policy as formulated in the water management plan of the Noorderzijlvest Water Board for and the "Exemption policy of the Noorderzijlvest Water Board" laid down by the Executive Board of the water board on 14 September The Executive Board is of the opinion that by attaching adequate provisions to the exemption, the maintenance of the primary water-retaining structure is sufficiently ensured. 3

4 Views Following the publication of the notifications and the making available for perusal of all the draft decisions in connection with the national coordination regulation for the Eemsmond Energie project, a total of nine opinions were expressed regarding the draft decisions, namely by: 1. K. Sikkema, Oudeschip; 2. Administrative District of Leer; 3. Dipl.-Volkswirt Kurt Olbrich, Krummhörn-Manslagt; 4. North West Waterways and Shipping Directorate, Aurich; 5. Municipality of Jemgum; 6. Groningen Environment Federation Foundation, National Association for Conservation of the Waddenzee, Society for the Preservation of Nature Reserves, Foundation of the Groningen Landscape, Forest Management Agency; 7. Nuon Power Projects BV, Amsterdam; 8. Eemsmond Energie BV, Groningen; 9. Accon AVM Juridisch advies BV, Leeuwarden. However, these do not contain any views specifically relating to the draft of this decision. For that reason, this decision does not contain any considerations relating to these views. Final considerations Considering that based on the documents relating to the matter and also on the outcomes of the prior consultation with interested parties, the Executive Board believes that in the given situation there are no facts and/or circumstances on the basis of which the requested exemption would have to be refused without due consideration; Considering that based on the weighing up of interests described, the Executive Board is also of the opinion that the possible impact which the intended activities could have on the water system or on third parties can be prevented by attaching the provisions specified below to the exemption; Considering that there are no objections against the intended activities from the viewpoint of water management interests, provided that the provisions specified below are met; DECISION Based on the above, the Executive Board makes the following decision in respect of Eemsmond Energie BV, Laan Corpus Den Hoorn 300, 9782 JT Groningen: to grant exemption from the relevant prohibitory provisions relating to the execution of various works within the core, protective and outer protective zone of the primary water-retaining structure, with the aim of implementing a cooling water system for an energy power plant to be constructed at Eemshaven, as indicated on the attached drawings numbered C0110, C0111, C0121, C0112, C0113, C0114, C0115, C0116, C0117, C0118, C0119, C0120, C0122, C0123, C0124, C0125, C0126, C0127, C0128, C0200, C0201, C0202, C0203, C0204, C0205, C0206, C0207, C0300, C0301, C0302, C0303 and C0304, some of which are dated 30 September 2009 and some 30 October 2009, subject to the following provisions. A. Special provisions 4

5 1. The works involved in crossing the primary water-retaining structures shall be executed in the period from 15 April to 1 October; outside this period no works may be executed on, over or in the dike body. 2. All works shall be executed in accordance with the plan drawn up by DHV, relating to the construction of two dike crossings for the construction of a cooling water pipeline for Eemsmond Energie, as indicated on the attached drawings numbered C0110, C0111, C0121, C0112, C0113, C0114, C0115, C0116, C0117, C0118, C0119, C0120, C0122, C0123, C0124, C0125, C0126, C0127, C0128, C0200, C0201, C0202, C0203, C0204, C0205, C0206, C0207, C0300, C0301, C0302, C0303 and C0304, some of which are dated 30 September 2009 and some 30 October 2009, under our reference V&L pages 1 to 32 inclusive. 3. The cooling water pipeline shall cross through the primary water-retaining structure in compliance with the requirements set out in NEN 3650 and NEN Detailed drawings and details of how the works are to be executed shall be submitted to our Water Board for approval, at least 60 working days prior to commencement of the works. 5. With respect to the building activities, this exemption may not be utilised if the Storm Surge Warning Service (Stowa) has been alerted or if maintenance, repair or replacement work is being carried out at the site by or on behalf of the Water Board. 6. Subsidence of the ground near to the primary water-retaining structure at the location of the cooling water pipeline to be constructed shall be repaired on initial demand by the Executive Board of the Noorderzijlvest Water Board. 7. If it becomes necessary to raise the primary water-retaining structure in the future, the cooling water pipeline and related facilities at the site of the primary sea dike shall be removed or modified at the expense of Eemsmond Energie BV or their legal successor. 8. Debris of any description and surplus building materials may not be left at or near the primary water-retaining structure under any circumstances. 9. The asphalt paving shall be cut with a double lap joint. 10. During the works, temporary fencing shall be set up so that grazing may still continue on the remaining section of the dike. 11. Within 2 (two) months of constructing the cooling water pipeline and related facilities, audit data shall be submitted to the Water Board in digital format. 12. The obligation to maintain the cooling water pipeline and related facilities is imposed on Eemsmond Energie BV, Laan Corpus Den Hoorn 300, 9782 JT Groningen. 14. There may be no obstruction to the draining or supply of water while the works are being executed. B. General provisions 5

6 1. The exemption is also considered to have been granted to the legal successors of the holder of the exemption. The legal successors are considered to be holders of the exemption in terms of complying with the provisions. 2. This exemption shall cease to be valid if it is not utilised within 5 years of it becoming final and conclusive. 3. The works shall be executed by or on behalf of and for the account of the holder of the exemption. 4. At least 48 hours prior to commencement of the works, our employee, Mr J.P. Lalkens (tel. +31 (0) ), shall be notified of when the works are to start. 5. Instructions given by the specially appointed Water Board officials in the interest of water management for the duration of the execution of the works shall be adhered to. 6. The holder of the exemption is obliged to compensate for or repair any damage that it causes to any Water Board structure as a result of the execution of the works referred to in the special provisions, subject to the assessment and approval of the Water Board. On behalf of the Executive Board of the Noorderzijlvest Water Board: [signature] W.F. Brenkman, Head of Sector, Water-Retaining Structures & Water Management Appeal Interested parties can appeal against this decision to the Administrative Law Division of the Council of State, PO Box 20019, 2500 EA, The Hague. The deadline for submitting a notice of appeal is six weeks and starts on the day after the day on which the decision is laid open to public inspection. No appeal can be made by an interested party if that party can be reasonably reproached for not having expressed a view regarding the draft of this decision. 6