Water Resources
LICENCE TO
ABSTRACT
WATER
Environment Act 1995
Water Resources Act 1991 as amended
by the Water Act 2003
Water Resources (Abstraction and
Impounding) Regulations 2006
IMPORTANT NOTES
Need for safekeeping
This licence is an important document. The permission or right to abstract
water may be valuable to your landholding. So •
Keep the licence safe, preferably with your deeds etc.
•
Take careful note of the comments below about “transfer and
apportionment” and “death and bankruptcy”.
This is to ensure that the permission and any rights granted by the
licence continue if you need to pass it on to someone else.
If you want to:
•
revoke (cancel) the licence;
•
vary (change/amend) the licence in any way or
•
change your contact address (but you continue to hold the
licence).
Please write to WR Permitting Support, PO Box 4209, Sheffield, S9 9BS
Details of this licence are placed on a register, kept by the Environment
Agency and open for inspection by the public. The public may also obtain
further details about it by virtue of the Environmental Information
Regulations 2004 (see also Disclosure of Information) except in special
cases (for advice please contact us at the address shown on the front page
of the licence).
Transfer and apportionment
If you need to pass this licence or any part of it to someone else, you must
contact the Environment Agency and obtain the appropriate application
forms. Temporary licences cannot be transferred or apportioned. The
licence holder remains responsible for compliance with the terms of the
licence and any charges payable until the licence has been transferred or
apportioned.
Death or bankruptcy of the licence holder
If a licence has been ‘vested’ in you, as a result of the death or bankruptcy
of the licence holder, please contact the Environment Agency in writing,
telling us the licence number(s) and the date that the licence vested in you
as a personal representative or trustee of the licence holder. This is
necessary in order to enable you to subsequently transfer the licence.
‘Vesting’ is the transfer of responsibility and ownership of a licence when an
existing licence holder is no longer able to hold the licence either through
death or bankruptcy.
You do not have to complete a form, but you must notify us in writing within
15 months of the date of vesting, giving the full names of all personal
representatives or trustees and a contact address.
Time limits
Your licence may be subject to a time limit (stated on the front of your
licence). All new abstraction licences are legally required to include a time
limit. For variations to licences, time limits are added in accordance with our
policy.
The duration of a time limit is determined in accordance with our time
limiting policy. The time limit is linked to the next or subsequent review of
water resources within a Catchment Abstraction Management Strategy
(CAMS).
There will be a presumption of renewal providing three tests are met:
environmental sustainability is not in question; there is continued justification
of need; and water is being used efficiently. Any application for renewal will
still be subject to the normal statutory considerations.
If your licence is time limited and you wish to renew it when it expires, you
will need to apply for a new licence to replace the existing one. You are
advised to submit this application at least three months before it expires. To
allow you to give early consideration to this, we will send you a reminder
approximately 18 months before the expiry date.
If your licence cannot be renewed, we will endeavour to give at least six
years notice. We will also endeavour to give at least six years notice where
the licence is likely to be renewed on different terms and will significantly
impact upon the use of the licence.
In exceptional circumstances, for example where there are other overriding
statutory duties such as the Habitats Regulations, it may not be possible to
provide six years notice.
Charges
Unless specifically exempted, we may levy an annual CHARGE for water
AUTHORISED to be abstracted by this licence, in accordance with our
abstraction charges scheme in force at the time.
The licence may be revoked if charges are not paid.
Quantity and quality of water
You must not abstract more than the quantity specified in the licence.
The Environment Agency does not, by issue of this licence or otherwise, in any
way guarantee that the source of supply will produce the quantity of water
authorised to be abstracted by this licence, nor that the water is fit for its intended
use.
The quantity of water authorised for abstraction is given in cubic metres. One
cubic metre is approximately 220 gallons.
(The precise conversion is 1 cubic metres = 219.969 gallons).
Source of supply and authorised point of abstraction
You may abstract from the point(s) specified in the licence and from no other
points. If you want to add or change the authorised point(s) of abstraction, you
must apply to us to vary the licence.
Land on which water is authorised to be used
Where this condition applies, you may only use the water you abstract on the
area specified in the licence. You must apply to us to vary the licence if you wish
to extend or alter this area or remove it.
Purpose for which water is authorised to be used
You may only use the water for the purpose(s) specified in the licence. You must
apply to us to vary the licence if you wish to add to or change the purpose(s).
Offences
Under the Water Resources Act 1991 it is an offence:•
to abstract water, or cause or permit any other person to abstract water,
unless the abstraction is authorised by and in accordance with an
abstraction licence, or is subject to an exemption;
•
to do anything to enable abstraction, or to increase abstraction, except in
accordance with an abstraction licence or exemption;
•
to fail to comply with the conditions of an abstraction licence.
Note in particular that it may be a condition of the licence to maintain
the meter or other measuring device etc. and failure to do so will be an
offence;
•
to interfere with a meter or other device which measures quantities of water
abstracted so as to prevent it from measuring correctly;
•
to fail to provide information which we have reasonably required for the
purpose of carrying out any of the Environment Agency’s water resources
functions;
•
to knowingly make false statements for the purpose of obtaining a licence
or consent or in giving required information.
The requirement for a licence is subject to some exemptions, set out in the Water
Resources Act 1991 as amended. If in any doubt as to whether you need a
licence, contact us at the address shown at the bottom of the front page of the
licence.
Right of appeal
If you are dissatisfied with our decision on your licence application, you may
appeal.
If you are in England, you should write to the Secretary of State for the
Environment, Food and Rural Affairs, care of The Planning Inspectorate at:
Room 4/19 Eagle Wing,
Temple Quay House,
2 The Square,
Temple Quay,
Bristol,
BS1 6PN.
If you are in Wales, you should write to The National Assembly for Wales care of
The Planning Inspectorate at:
Crown Buildings,
Cathays Park,
Cardiff,
CF10 3NQ.
You must serve notice of appeal within 28 days of the date of receipt of this
licence (although the Secretary of State and The National Assembly have power
to allow a longer period for serving notice of appeal). See Water Resources Act
1991, section 43.
Disclosure of information
Information about this licence is available in the public Register held by the
Environment Agency. Members of the public are also entitled to ask us for other
“environmental information” it holds, including any activities likely to affect “the
state of any water” or any “activities or other measures designed to protect it”.
That would include the information additional to the licence document e.g. any
related agreement or abstraction returns. In certain restricted circumstances it is
possible to claim that information should be kept confidential. If you require more
information about keeping this information off the public register because it is
confidential, please contact us by writing to the address shown on the front page
of the licence within 28 days of receiving this licence.
Licence Serial No:
NW/072/0526/002
Please quote the serial number in all correspondence about this licence
FULL LICENCE TO ABSTRACT WATER
The Environment Agency (“the Agency”) grants this licence to:-
Halton Lune Hydro Limited
Rectory Cottages
Foundry Lane
Halton-On-Lune
Lancaster
LA2 6LT
(“the Licence Holder”)
Industrial and Provident Society registration number:
32233R
This licence authorises the licence holder to abstract water from the source of supply
described in the Schedules of Conditions to this licence and subject to the provisions of
the Schedules. The licence commences from the effective date shown below and shall
remain in force until the date of expiry shown below subject to condition 9.2.3.
Date of issue ........................... 16 December 2013
Signed
Date effective .......................... 16 December 2013
Matthew Wales
Permitting Team Leader
Date of expiry................................. 31 March 2029
Environment Agency
Permitting and Support Centre
Water Resources Team
Quadrant 2
99 Parkway Avenue
Parkway Business Park
Sheffield
S9 4WF
The licence should be kept safe and its existence disclosed on any sale of the property to
which it relates. Please read the ‘important notes’ on the cover to this licence.
Note:
References to "the map" are to Map A and Map B which form part of this licence.
References to “the Agency” are to the Environment Agency or any successor body.
Environment Act 1995
Water Resources Act 1991 as amended by the Water Act 2003
Water Resources (Abstraction and Impounding) Regulations 2006
Licence Serial No:
NW/072/0526/002
SCHEDULE OF CONDITIONS A
1.
SOURCE OF SUPPLY
1.1
Inland water known as the River Lune at Forge Bank Weir, Halton, Lancaster.
2.
POINTS OF ABSTRACTION
2.1
At National Grid References SD 51262 64750 marked ‘Intake’ on Map A.
3.
MEANS OF ABSTRACTION
3.1
Gravity flow to the hydropower scheme constructed in accordance with the
conditions of this licence.
4.
PURPOSE OF ABSTRACTION
4.1
Power production: hydroelectric.
5.
PERIOD OF ABSTRACTION
5.1
All year.
6.
MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED
6.1
43,200 cubic metres per hour
1,036,800 cubic metres per day
249,765,120 cubic metres per year
At an instantaneous rate not exceeding 12,000 litres per second.
7.
MEANS OF MEASUREMENT OF WATER ABSTRACTED
7.
For the 28 days following commissioning of the scheme, the Licence Holder
shall determine the quantity of water abstracted using the method specified in
condition 7.1. Thereafter, the Licence Holder shall determine the quantity of
water abstracted using either the method specified in condition 7.1 or if
agreed in writing by the Agency, the method specified in condition 7.3.
7.1
The Licence Holder shall determine the quantity of water abstracted by
reference to the kilowatt-hours generated, as measured by a kilowatt-hours
meter multiplied by the conversion factor calculated using the method
specified in the Calculation Checklist in Schedule C of this licence.
7.2
(i) No abstraction shall take place unless the Licence Holder has completed
the Calculation Checklist in Schedule C for the first turbine and submitted it in
writing to the Agency and the Agency has approved that conversion factor in
writing.
(ii) Abstraction for the purpose of operating the second turbine shall not take
place unless the Licence Holder has completed the Calculation Checklist in
Schedule C for both turbines and submitted it in writing to the Agency and the
Agency has approved that conversion factor in writing.
(iii) The Licence Holder shall retain supporting documentation relating to
details of the methodology and calculations used to convert electricity
generated to the quantities abstracted and make them available to the
Agency on request.
Page 2 of 19
Licence Serial No:
7.3
NW/072/0526/002
(i) The Licence Holder shall use the straight section of the turbine tailrace
structure to measure quantities of water abstracted.
(ii) The Licence Holder shall measure the water level in the turbine tailrace
channel using the water level sensor labelled LS4a&LS4b on drawing HLH
004 Issue H Final titled ‘Proposed plan and detail’ and specified in condition
9.3.
(iii) The Licence Holder shall correlate the water level measurements with the
abstraction rates using spot gaugings as specified in condition 9.6 and shall
submit the calculation used to convert water level to abstraction rate to the
Agency in writing.
(iv) The Licence Holder shall not use this method of measuring the quantity
of water abstracted unless the Agency has approved the calculation used to
convert water level to abstraction rate in writing.
8.
RECORDS
8.1
(i) The Licence Holder shall record readings of the quantity of water
abstracted at the same time each day, as determined using the method
specified in condition 7 or within such minor amendment to those intervals as
may be approved by the Agency in writing.
(ii) The Licence Holder shall record readings of the electrical output every 15
minutes or within such minor amendment to those intervals as may be
approved by the Agency in writing.
(iii) The Licence Holder shall send to the Agency a copy of the records
required by (i) and (ii) above within 28 days after 31 March in each year, and
also within 28 days of the Agency requiring it to do so in writing.
(iv) The Licence Holder shall keep all records for at least 6 years, and shall
allow the Agency to inspect them during all reasonable hours.
9.
FURTHER CONDITIONS
Definitions
9.1.1
For the purpose of this licence, references to “hydropower scheme” means
all works that include: one or two axial flow propeller type turbines;
associated intake works; intake sluice gates; intake fish screen and by-wash;
fish pass, counter and fish trap structure; eel pass and trap; tailrace structure;
and outfall fish screen.
9.1.2
For the purpose of this licence, references to “drawings” shall mean the
following drawings appended to this licence:
(i) drawing number HLH 004 Issue H Final titled Proposed plan and detail
dated 11 October 2013;
(ii) drawing number HLH005C titled Sectional Elevation revision C dated 17
June 2013;
(iii) drawing number HLH006A titled N. E. Elevation revision A dated 27
February 2013.
9.1.3
For the purpose of this licence, references to “fish pass” shall mean the
Larinier type fish pass, fish counter and fish trap structure outlined in the
drawings.
Page 3 of 19
Licence Serial No:
NW/072/0526/002
Construction
9.2.1
The Licence Holder shall construct, operate and maintain the hydropower
scheme in accordance with the drawings and in accordance with Map B titled
Forge Weir submitted to the Agency on 8 February 2013 and appended to
this licence, or such minor amendments to those documents that are
accepted in writing by the Agency prior to the date of commencement of
construction.
9.2.2
(i) Prior to construction of the hydropower scheme commencing, the Licence
Holder shall give 14 inclusive calendar days notice in writing to the Agency at
the address on this licence of its intention to commence the authorised
works.
(ii) The Licence Holder shall confirm to the Agency in writing that the
hydropower scheme has been constructed in accordance with the drawings
and Map B and the conditions of this licence. No abstraction shall take place
until the Agency has approved the Licence Holder's written confirmation in
writing.
9.2.3
This licence shall cease to be of any effect if the abstraction it authorises has
not commenced by 16 December 2016
9.2.4
The Licence Holder shall only carry out hydraulic breaking, drilling and/or
grinding of bedrock between 1 December and 28 February inclusive in any
year, or within such minor amendment to that period that the Agency may
agree in writing.
Measurement of water levels, speeds and flows
9.3.1
No abstraction shall take place unless the Licence Holder has provided and
installed water level sensors and backup duplicate sensors at the locations
listed in the table below and marked on the drawings, with such minor
variations as may be agreed in writing by the Agency:
Label on drawing
HLH 004 Issue H
Final titled
‘Proposed plan and
detail’
(i) LS1a
LS1b duplicate
(ii) LS2a&LS2b
(ii)
LS4a&LS4b
Location
River Lune immediately upstream of the
abstraction point
Immediately downstream of the intake fish
screen
Straight section of the turbine tailrace
9.3.2
The Licence Holder shall install the water level sensors to British Standard
ISO748 or an equivalent standard so as to be capable of continuous
measurement.
9.3.3
Each of the water level sensors specified in condition 9.3.1 shall be
connected to a logger which accurately measures the water level every
minute, and records the average water level every 15 minutes or within such
minor amendments to those intervals as may be approved in writing by the
Agency.
Page 4 of 19
Licence Serial No:
NW/072/0526/002
9.3.4
The Licence Holder shall send to the Agency a copy of the records required
by 9.3.3 above within 28 days after 31 March in each year, and also within 28
days of the Agency requiring it to do so in writing.
9.3.5
The Licence Holder shall keep each record, and make the records available
during all reasonable hours for inspection by the Agency for at least 6 years.
9.4.1
No abstraction shall take place unless the Licence Holder has installed to
British Standard ISO4373 or an equivalent standard, a gauge board to
measure the water level in the River Lune immediately upstream of the
abstraction point. The gauge board shall be located such that readings of the
water level are clearly visible from the river bank at a precise location to be
approved in writing by the Agency.
9.4.2
Before abstraction commences the Licence Holder shall clearly mark on the
gauge board the water level that corresponds to the hands off flow as
determined using the method specified in condition 9.7.
9.5
The Licence Holder shall monitor and maintain the devices specified in
conditions 9.3 and 9.4 in such a condition, and if necessary replace them, so
as to ensure that accurate measurements are recorded at all times.
9.6.1
The Licence Holder shall take and record spot gaugings of the flow rate and
velocity across a full range of abstraction rates.
9.6.2
The Licence Holder shall carry out the spot gaugings at the following
locations:
(i)
Immediately upstream of the intake fish screen;
(ii)
In the turbine tailrace channel;
(iii)
In the channel immediately downstream of the outfall fish screen;
(iv)
In the hydropower scheme fish pass.
9.6.3
The Licence Holder shall correlate the water levels measured by the sensors
specified in condition 9.3 with the abstraction rates gauged in the turbine
tailrace channel.
9.6.4
The Licence Holder shall carry out the spot gauging and correlate the water
level sensors within 28 days of:
(i) the scheme being commissioned; and
(ii) the second turbine being commissioned; and
(iii) being so requested in writing by the Agency.
9.6.5
Each record shall be kept and be made available during all reasonable hours
for inspection by the Agency for at least 6 years.
Hands-off flow
9.7.1
No abstraction shall take place when the flow in the River Lune over Forge
Bank Weir is equal to or less than 4.74 cubic metres per second and the
abstraction shall not cause the flow over the weir to fall below that rate.
9.7.2
(i) The Licence Holder shall calculate the flow specified in condition 9.7.1 by
means of a stage discharge formula. The stage discharge formula shall
correlate water levels measured and recorded immediately upstream of the
abstraction point as specified in condition 9.3 with flow data from the
Agency’s gauging station on the River Lune at Caton.
Page 5 of 19
Licence Serial No:
NW/072/0526/002
(ii) No abstraction shall take place unless the Licence Holder has submitted
the stage discharge formula to the Agency and the Agency has provided its
written approval.
(iii) Thereafter the Licence Holder shall review the stage discharge formula
annually or when requested to do so by the Agency in writing. The Licence
Holder shall submit these calculations to the Agency within 28 days after 31
March in each year, or within 28 days of the Agency requiring it to do so in
writing.
(iv) The Licence Holder shall keep all records for at least 6 years, and shall
allow the Agency to inspect them during all reasonable hours.
9.7.3
The Licence Holder shall programme the hydropower scheme’s automated
control system to ensure the operation of the turbines and intake sluice gates
are in compliance with the hands-off flow and level specified in condition
9.7.1 and 9.7.2 and the quantities specified in condition 6.1.
Operation of turbines
9.8.1
(i) In the event that the automated control system fails the Licence Holder
shall cease abstraction immediately and notify the Agency of this fact.
(ii) Abstraction shall not recommence unless the automated control system is
fully operational and the Agency has been notified of this fact.
9.8.2
The Licence Holder shall, as far as is reasonably practicable, ensure that no
water flows through the turbine if the Licence Holder is unable to generate
power.
9.8.3
(i) The Licence Holder shall test the operation of the automated control
system and intake sluice gates by simulating the following scenarios: (a) a
rate of flow in the River Lune of equal to or less than 6.47 cubic metres per
second; (b) a failure in the supply of power to the intake sluice gates; and (c)
a failure in the supply of power to the automated control system.
(ii) The Licence Holder shall perform this test in accordance with the
recommendations of the manufacturer of the automated control system and
intake sluice gates, or at any time when required by the Agency.
(iii) The Licence Holder shall retain evidence of current certification of the
automated control system and intake sluice gate for inspection by the
Agency.
Fish screens
9.9.1
(i) No abstraction shall take place unless the Licence Holder has installed a
fish screen, and an automatic screen cleaner and a by-wash to prevent the
entrapment, entrainment or impingement of salmon and sea trout smolts,
silver eels and other fish at the point of abstraction, in accordance with the
drawings.
(ii) The fish screen shall consist of a permanent screen with vertical bars
spaced no more than 10 millimetres apart.
Page 6 of 19
Licence Serial No:
NW/072/0526/002
(iii) If the results of the monitoring specified in condition 9.9.5 show that eels
or elvers have been entrained and damaged by the turbine or turbines, and
the Agency so directs in writing, the Licence Holder shall install an overlay
screen with apertures no larger than 2 millimetres between May and July
inclusive each year.
9.9.2
No abstraction shall take place unless the Licence Holder has installed a fish
screen with apertures no larger than 30 millimetres to prevent the
entrapment, entrainment or impingement of sea trout and other fish at the
point of discharge specified in condition 9.17.
9.9.3
The Licence Holder shall maintain the fish screens, automatic screen cleaner
and by-wash specified in conditions 9.9.1 and 9.9.2 in accordance with the
manufacturer’s specifications and keep records of such maintenance
available for inspection. The Licence Holder shall keep the screens and
bywash free of debris at all times when abstraction is taking place.
9.9.4
The Licence Holder shall count and record the number of eels and elvers in
the eel pass using the elver trap on a daily basis to determine when peak
elver runs are occurring, on a daily basis from 1 May to 31 July in each year
or until the Agency confirms in writing that counting and recording may
cease, whichever is the earlier; for two consecutive years following
commissioning of the first turbine and again following commissioning of the
second turbine.
9.9.5
(i) The Licence Holder shall monitor the outflow of the turbines using fyke
nets to ensure that the upstream screen and eel pass are effective in
preventing eels and elvers from being entrained by the turbine. The Licence
Holder shall mount the fyke nets on a frame installed across the turbine
discharge channel such that the nets capture everything passing through the
turbines.
(ii) The Licence Holder shall carry out the monitoring in (i) above for two 14
day periods between May and July inclusive in each year, to coincide with
peak elver runs, as determined in accordance with condition 9.9.4, when the
turbine or turbines are operating; for two consecutive years following
commissioning of the first turbine and again following commissioning of the
second turbine.
(iii) The Licence Holder shall remove any fish caught in the Fyke nets on a
daily basis and examine them to determine whether they have been
damaged by the turbines.
(iv) The Licence Holder shall record the species, size and physical health of
each fish found in the Fyke nets.
(v) The licence Holder shall submit a report summarising the results of the
monitoring within 28 days of the end of each 14 day monitoring period.
Fish pass, counter and trap
9.10
The licence shall only take effect so as to authorise the abstraction of water
provided that the Licence Holder has been granted provisional approval by
the Agency under the Salmon and Freshwater Fisheries Act 1975 for
installation of a fish pass at Forge Bank Weir.
9.11
(i) No abstraction shall take place unless the fish pass is installed and
operated in accordance with conditions 9.2.1, 9.10 and 9.13.
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Licence Serial No:
NW/072/0526/002
(ii) The Licence Holder shall maintain, repair or replace the fish pass to
ensure that it remains effective at all times when abstraction is taking place.
9.12
(i) No abstraction shall take place if the flow in that fish pass is less than 1.5
cubic metres per second.
(ii) The water level corresponding to a flow of 1.5 cubic metres per second
down the fish pass shall be clearly marked adjacent to the fish pass crump
weir at a precise location to be approved in writing by the Agency.
9.13
The Licence Holder shall operate and maintain the fish pass, fish counter and
fish trap facility and collect and share data from the facility in accordance with
Schedule B of this licence.
Eel pass
9.14
(i) No abstraction shall take place until the Licence Holder has submitted
plans and specifications for the construction of an eel pass and elver trap,
showing the slope and length of each section of the eel pass so as to enable
the upstream passage of elvers and eels at Forge Bank Weir, and the
Agency has approved those plans and specifications in writing under the Eels
(England and Wales) Regulations 2009.
The submitted plans and
specifications shall accord with the drawings referred to in condition 9.2.1.
(ii) No abstraction shall take place until the Licence Holder has constructed
an eel pass and elver trap in accordance with the approved plans and
specifications in (i) above.
(ii) The Licence Holder shall maintain, repair or replace the eel pass to
ensure that it remains effective at all times when abstraction is taking place.
(iii) The Licence Holder shall keep records of maintenance, repair or
replacement of the eel pass for 6 years and shall make them available during
all reasonable hours for inspection by the Agency.
Monitoring (fish migration)
9.15.1
Throughout the first 36 months of abstraction commencing the Licence
Holder shall collect data to quantify any delay experienced by upstream
migrating adult salmon and sea trout under turbine-on and turbine-off
conditions, and also on the passability of the weir to upstream migrating adult
salmon and sea trout under turbine-on and turbine-off conditions.
9.15.2
The Licence Holder shall submit a report summarising the results of the
monitoring and assessing the impact of the scheme on adult salmon and sea
trout before the end of the 36 months.
9.15.3
The hydropower scheme must not cause demonstrable delay to the
upstream passage of salmon and sea trout.
Page 8 of 19
Licence Serial No:
NW/072/0526/002
Access to riverbed for fishing
9.16
No abstraction shall take place until the Licence Holder has provided access
for anglers to enter the river in order to fish the depleted reach from the foot
of the weir to the outfall specified in condition 9.17 (excluding areas protected
by the Environment Agency’s North West Fisheries Byelaw 22, namely within
the fish pass and within a radius of 5 metres of the entrance and exit of the
fish pass). Angling access proposals must be agreed in writing by the
Environment Agency, and the access constructed in accordance with these
agreed proposals, before abstraction can commence.
Point water is returned
9.17
The Licence Holder shall return water abstracted in pursuance of this licence
to the River Lune at National Grid Reference SD 51222 64724 marked
‘Outfall’ on Map A and Map B.
Minimum value condition
9.18
The minimum value for the quantity of water authorised to be abstracted
under this licence, as referred to in section 46(2A) Water Resources Act
1991, is 249,765,120 cubic metres per year.
Page 9 of 19
Licence Serial No:
NW/072/0526/002
SCHEDULE OF CONDITIONS B
Operation and maintenance of, and collection and sharing of data from the
fish pass, fish counter and fish trap facility
1. Fish Counter
1.1 Before the fish pass is commissioned, the Licence Holder shall install a
resistivity fish counter on a crump weir in the fish pass designed so as to
accurately record numbers of fish using the fish pass.
1.2 The Licence Holder shall operate and maintain the resistivity fish counter
and associated equipment, and if necessary replace them so as to ensure
that accurate numbers of the fish using the fish pass are recorded at all
times.
1.3 The Licence Holder shall design and construct the fish pass and counter
such that the crump weir provides sufficiently laminar flow over the fish
counter to prevent false counts being generated by water turbulence.
1.4 The Licence Holder shall design and construct the crump weir so as to
prevent the downstream standing wave encroaching over the counter
electrodes at all flows.
1.5 Before the fish pass is commissioned, the Licence Holder shall install a
conductivity probe and water temperature sensor to aid the interpretation of
fish counter data.
1.6 Before the fish pass is commissioned, the Licence Holder shall install
cameras, including mounting facilities and video recording equipment in
order to validate the fish counter.
1.7 The Licence Holder shall minimise counter down-time, and shall install alarm
and reporting systems to identify operational failures at all times when the
fish pass is operating.
1.8 Before the fish pass is commissioned, the Licence Holder shall put in place
a formal 3- or 4-month maintenance/servicing schedule and an ad hoc fault
repair service.
1.9 Before the fish pass is commissioned, the Licence Holder shall install
lightning protection to prevent damage to the counter from lightning strikes.
2. Data Collation and Storage
2.1 The Licence Holder shall continuously record fish counter data including
separate signal trace data from the electrodes for each count at all times
when the fish pass is operating.
2.2 Each count shall identify date, time, direction of passage and signal size,
with separate recording of signal traces.
2.3 The Licence holder shall store the data using a robust and secure system,
including back up storage and a remote alarm system to identify faults or
other issues as they arise.
2.4 The Licence Holder shall provide remote telephone or telemetry access to
the counter and data stores at all times.
2.5 The Licence Holder shall send a copy of the records to the Agency on a
monthly basis or within 28 days of being so requested in writing by the
Agency.
2.6 Each record shall be kept and be made available during all reasonable
hours for inspection by the Agency for at least 6 years.
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Licence Serial No:
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3. Fish Trapping
3.1 Before the fish pass is commissioned, the Licence Holder shall install an
adult fish trap in the fish pass.
3.2 The Licence Holder shall operate and maintain the fish trap, and if
necessary replace it, so as to ensure that it remains effective at all times.
3.3 The trap shall be designed to allow safe access, operation and egress of
operatives including step access as opposed to ladder access.
3.4 The Licence holder shall operate the trap on average twice a week, or at
such lesser frequency as the Agency may notify the Licence Holder in
writing is necessary to capture 5% to 10% of the sea trout and salmon runs,
during the main fish migration window running between 1 May and 31
October (or within such minor amendment to that period as may be agreed
in writing by the Agency).
3.5 At all times when the fish pass is in operation, Licence Holder shall provide
facilities for the safe handling, sampling and return of fish, including fish
holding trough and sampling platform.
3.6 The Licence Holder shall record the following data for each trapping event:
 Date and time of trap operation,
 Number of fish trapped of each species,
 Length, weight and sex of each fish caught,
 Where feasible a scale sample shall be taken,
 Observations such as fish health, and sea lice count.
4. Initial Counter Validation
4.1 Within 12 months following installation of the counter the Licence Holder
shall undertake a validation exercise using cameras in the fish pass
(positioned either overhead, or underwater side-viewing, or a combination of
both), viewing the crump weir face and fish counter electrodes to ensure that
the counter is operating effectively.
4.2 Validation shall be undertaken 24hours a day during the main fish migration
period in May to October inclusive, and over the full range of river flows.
4.3 Validation shall be undertaken in a manner to allow estimates of counter
efficiency to be calculated for different sizes of fish and for different flow
ranges.
5. Counter Data Verification
5.1 All counter data shall be verified using signal trace files to confirm that
counter records are genuine fish movement events.
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Licence Serial No:
NW/072/0526/002
SCHEDULE OF CONDITIONS C
Calculation Checklist
This checklist shall be used to record the site data and calculate the Hydro Abstraction
Factor for the site (HAFsite) to allow conversion of electrical output to quantities abstracted.
Site Data
Site name
Address
Licence serial No.
Contact name
Contact
telephone
Contact email
Performance Data
Parameter
Value
Net operating head
of the system at
maximum power
output (Hn (Pmax))
Turbine/water
wheel efficiency at
maximum power
output (eturbine/water
wheel (Pmax))
Transmission
system efficiency
at maximum power
output (etransmission
(Pmax))
Generator
efficiency at
maximum power
output (egenerator
(Pmax))
How was the parameter determined?
Calculation of overall system efficiency of the rotating parts of the hydro system, at
maximum power output (esystem (Pmax))
esystem (Pmax)
= eturbine/water wheel (Pmax) x etransmission (Pmax) x egenerator (Pmax)
=
x
x
=
Calculation of HAFsite
HAFsite = Hydro Abstraction Factor for the site in question
= 366.972 / ( Hn (Pmax) x esystem (Pmax) )
= 366.972 / (
x
)
=
The abstracted volume for the period (Vperiod) can then be worked out using the formula:
Vperiod = kWhperiod x HAFsite
Page 12 of 19
Licence Serial No:
NW/072/0526/002
ADDITIONAL INFORMATION
Note: the following information is provided for information only. It does not form part of the
licence.
REASONS FOR CONDITIONS
The licence is time-limited to a date to reflect the timing of a future review of the catchment
resources availability.
The abstraction is required to be measured to demonstrate compliance with the terms of the
licence and to provide information on actual water usage for water planning purposes.
Conditions 9.2.1, 9.2.2, 9.3.1 to 9.6.5, 9.7.3 to 9.8.3 and 9.17 have been specified in order to
ensure that the works are constructed and operated in accordance with the conditions of this
licence.
Condition 9.2.3 has been specified in order to secure the proper use of water resources and to
avoid commitment of water resources to an abstraction right which cannot be exercised.
The licence includes a hands-off flow condition and water flow and level monitoring to protect
the environment and the interests of existing lawful users of water.
Conditions 9.9.1 to 9.15 have been specified to protect fish and from being damaged by the
hydropower scheme and allow them to pass upstream.
Condition 9.16 has been specified to assist anglers in accessing the riverbed for the purpose
of fishing.
Condition 9.18 has been included as a requirement under section 46(2A) of the Water
Resources Act 1991. The condition allows the Agency to put forward proposals to vary the
licence so as to reduce the maximum authorised quantity which may be abstracted to the
figure specified within the condition, without the Agency having to pay compensation to the
Licence Holder, if the reduction is necessary to protect the availability of water in this source of
supply. In this case we do not anticipate that a reduction will be necessary and have
therefore set the quantity to match the maximum authorised annual volume.
IMPORTANT NOTES
Contact addresses
Unless the Agency specifies otherwise, the contact address in relation to conditions of this
licence is: Environment Agency, Environment Management Team, Lutra House, Dodd Way,
Off Seedlee Road, Walton Summit, Bamber Bridge, Preston, Lancs, PR5 8BX.
Impoundment licence
This licence should be read in conjunction with impoundment licence serial number
NW/072/0526/003.
Water efficiency note
The Licence Holder should use water abstracted under the terms of this licence in an efficient
manner. The Agency may refer to its guidance on water efficiency (or equivalent guidance) in
determining whether water is being used efficiently and may offer advice on any measures
considered necessary to meet particular recommendations.
Page 13 of 19
Licence Serial No:
NW/072/0526/002
Abstraction period details
Note: an hour means any period of 60 consecutive minutes, a day means any period of 24
consecutive hours and a year means the 12 month period beginning on 1 April and ending on
31 March.
Screening
The Agency may have regard to its best practice guide, the Eel Manual: Screening at intakes
and outfalls: measures to protect eel (or equivalent guidance) in agreeing where, how and
what type of eel screen should be installed and together with the results of any monitoring in
determining whether the eel screen is properly effective and maintained, and in judging
whether it is necessary to require repair or replacement of the eel screen.
Eel pass
The Agency may have regard to its best practice guide, the Eel Manual: Elver & eel Passes
(or equivalent guidance) in agreeing where, how and what type of eel pass should be
installed and together with the results of any monitoring in determining whether the eel pass
is properly effective and maintained, and in judging whether it is necessary to require repair
or replacement of the eel pass.
Page 14 of 19
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Licence Serial No:
NW/072/0526/002
MAP B
Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2013. All rights reserved. Ordnance
Survey Licence number 100026380. © Environment Agency.
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Licence serial no. NW/072/0526/002
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Licence serial no. NW/072/0526/002
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Licence serial no. NW/072/0526/002
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Would you like to find out more about us,
or about your environment?
Then call us on
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email
[email protected]
or visit our website
www.environment-agency.gov.uk
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floodline 0845 988 1188
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