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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for Operational Area 12 – Karslake, West Gunheath, Carthew,

St Austell On 8th November 2013

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came

into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit Site Name and Address: Operational Area 12 - Karslake West Gunheath Carthew St Austell

Planning Permission(s): R4 Extension and modification to Littlejohns Sand Tip and Pit - Approved on 19/03/1994

R10.ENV Review of Mineral Planning Permissions. - Approved on 10/02/1998 This report also acknowledges the existence of the following planning permissions.

R4 Proposed Development – The Tipping of China Clay Waste at Higher Coldvreath nr Littlejohns China Clay Works. Approved on 04/10/1994. 94/00002/MIN. Decision No 94/00581 (R4)

It has been established that this permission is no longer valid as condition No2 states that: “This permission shall not be valid after 31st July 2004.” It has previously been recorded that the final approved levels have been achieved. There remains a conditional requirement to submit details regarding the progressive restoration of the site. As it is no longer possible to progressively implement any restoration measures in this area, it is therefore considered expedient to require the operator to identify the final restoration measures which are to be undertaken in this area and submit this information in association with the Site specific ‘ROMP’ application. The map on the following page identifies the Karslake Operational Area shown within the broken red line and with the use of colour coded areas further identifies the several separate planning permissions which are acknowledged to have historically been issued throughout this area.

Planning conditions attached to previously issued planning permissions were reviewed in the Review of Old Mineral Planning Permissions which was issued on 10/02/1998. Decision No 97/00965 refers.

The conditions imposed by this review have been used as the main set of conditions under which this monitoring report was compiled. It should be noted that this permission is itself currently being reviewed as a review application for this permission has been received by the LPA on the 10th February 2013 and this is currently being considered.

The Site Specific Review of Mineral Planning Permissions for this Operational Area also remains an outstanding matter. It was previously confirmed that the review application would have been submitted to the Mineral Planning Authority before the 31 December 2011, but as a result of continued postponements this was never achieved before the permission which required its submission had itself become in need of its own 15 year review. The site specific permission and associated working scheme for this area will now become a requirement of the forthcoming overall review permission and as this has not been determined at this time, it is not possible to confirm the timescale by which the working scheme for this operational area is likely to be required to be submitted and approved.

Once the site specific permission and working scheme for this area have been approved it should confirm the future development and restoration measures which will be required to be undertaken at this site, but until this time there are limit controls which can be imposed on this site through the current historic planning permissions.

PA13/01156. Processing and sales of china clay waste for secondary aggregates and the storage and removal of such minerals.

This permission is currently in the process of being implemented as the previous operation which was undertaken at the neighbouring Gunheath site is being re located within this operational area. Any implications which arise from the removal of materials from existing stockpiles within this operational area will need to be addressed through the current Romp process

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Legal Agreement(s): None

Operator: Imerys Minerals Ltd Site Status: Active site Type of Visit: Chargeable Visit - Announced Visiting Officer: Mr M Butfield, Development Officer, Planning Enforcement,

Cornwall Council. Date of Visit: 8th November 2013 Time on Site: 0930 Time off Site: 1115 Attendees: Mr J Vine, Planning Manager, Imerys minerals UK Ltd Weather: Overcast Ground Conditions: Slightly damp Report Author: Mr M Butfield, Visiting Officer .

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3. Compliance with Planning Conditions NR/93/00004/MIN dated 19/03/1994

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years from the date hereof. (Decision Notice dated 18/03/1994) Notes Following Visit The permission has previously been recognised to have been implemented but the exact date has not been recorded. There are no indications that this condition was not fully complied with.

Condition Number and Description Condition 2. Tipping Operations

Tipping operations in connection with this permission shall take place within the areas outlined in orange on Drawing No. C/12/4/90 Notes Following Visit Tipping of material is acknowledged to have previously taken place within the identified area. The limitations of this condition are likely to be extended to a further additional area which will need to be confirmed as part of the ROMPs process. The site specific Romp application for this site which was required to have been submitted under the 1998 Review permission was not submitted. The 1998 permission is currently being reviewed and as such a new timescale for the submission of the site specific review will need to be confirmed when the new review permission is issued. The following picture shows the southern side of the tip as viewed from the reception offices for the Littlejohns Site. The main area which is being utilised by Brooklands Aggregates is shown in the picture located above and to the rear of the blue storage units which are shown in the right of the picture

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Condition Number and Description Condition 3 Approved Plans

Notwithstanding the provisions of Planning Decision Notice No, 53614/C, tipping operations shall be undertaken in strict accordance with the approved plans (Drawing Nos. LSC/1, C/12/4/90, C/12/4/91, C/12/4/92, C/12/4/93, C/12/4/94, C/12/4/95, C/12/4/96, C/12/4/97, C/12/4/98, C/12/4/99, C/12/4/100, C/12/4/101 and C/12/4/102 unless otherwise agreed in writing by the Notes Following Visit The Operator is currently understood to be working to plans: - C/12/4/94 for Littlejohns stage 5 benching and C/12/4/101 for Littlejohns final landscaping. Material which has recently been used to form the benches has been conveyed by tipper truck as the conveyors have since been removed. The final design of tipping at the site will need to be established through the current ROMP application. Planting is recorded as having previously been undertaken on the northern and eastern faces of the tip. Significant amounts of sand and stone from Littlejohns pit is now being processed and exported from site by both Aggregate Industries and Brookland aggregates who also draw reserves from the tip at the north eastern section of the operational area. Consideration as to the impact which the removal of material from this tip will have on the overall restoration of the site will need to be considered through the Romp process.

Condition Number and Description Condition 4. Land Use

Areas outlined in green on Drawing No. C/12/4/90 shall be used solely for the maintenance of perimeter access, drainage leats, peripheral fencing and subsequent tree planting. Notes Following Visit The requirements of this condition have previously been identified as having been discharged as the tree planting has been completed and the land in question is utilised for the approved purposes.

Condition Number and Description Condition 5 Land Use

The area outlined in blue on Drawing No. C/12/4/90 shall be used solely for the winning and working of China Clay, except as may otherwise be agreed with the CPO. Notes Following Visit It is understood that only works which are being conducted in this area at this time are those which are identified by this condition therefore compliance with this condition is recorded.

Condition Number and Description Condition 6. Tip Reshaping

The re grading and reshaping of the tip shall be carried out in a progressive and phased manner so as to minimise the extent use of areas subject to reprofiling at any one time. As soon as it is practicable, areas which have been profiled to finished levels shall be treated and seeded in accordance with the further conditions below. Notes Following Visit See comments for condition 3 above. There are no signs of any recent hydroseeding having taken place in this area and there are no immediate requirements to surface treat any benches or completed faces at this time. It is acknowledged that the further planning permission ref PA13/01156 authorises the removal of tipped material from this location and this will need to continually observed to ensure that any areas which become exposed through extraction areas are kept to a minimum.

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Condition Number and Description Condition 7 Soil

Prior to the commencement of any reprofiling operations all soils shall be stripped from undisturbed areas and stored for subsequent re-use or deployment in accordance with details to be agreed with the Mineral Planning Authority (MPA). The stripping of soils shall be undertaken in phases to minimise disturbance to vegetation as required under Condition 5 above. Notes Following Visit No new ground has been broken or exposed as the limitations of the ground which is to be covered by the tip were established some years ago. The development of the tip has been undertaken by increasing the height on an existing footprint.

Condition Number and Description Condition 8. Buildings

Notwithstanding the provisions of the Town and Country Planning General Development Order 1988, no new building shall be erected without the prior approval of the MPA. Notes Following Visit A weighbridge and office accommodation have been installed within this area and it is acknowledged that these developments are approved under planning permission PA/13/01156 which was issued on the 27th February 2013 for the processing ,sale and recovery of mine related waste materials in this area. The following picture shows weighbridge and weighbridge office which has been installed in this area.

Condition Number and Description Condition 9. Noise and Dust

All practicable means shall be employed by the operators for preventing and minimising the creation of dust and noise during the approved use of the site. The word 'practicable' and the phrase 'practicable means' in these conditions shall have the meanings assigned to them in Section 79 (9) of the Environmental Protection Act, 1990, as defined below.

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The provisions of this condition shall include the installation and maintenance of effective silencers on all plant and machinery and the use of bowsers and sprays and wind breaks to minimise the creation of noise and dust respectively.

Notes Following Visit There are no outstanding complaints regarding either noise or dust associated with this permission so compliance with this condition is recorded.

Condition Number and Description Condition 10. Drainage

All existing drainage leats and other drainage arrangements shall be maintained throughout the period of approved use of the site and extending throughout the period of aftercare referred to in condition 13 below. Notes Following Visit These areas are understood to be subject to a cleaning procedure and regular site inspection undertaken by the operator. There are no outstanding concerns regarding the drainage from this site.

Condition Number and Description Condition 11. Hydroseeding

Hydroseeding shall as far as practicable not be undertaken during periods of wet weather to minimise run off from fertilisers. Notes Following Visit It is understood that no recent Hydroseeding operations have been undertaken in this area and the weather conditions during previous seeding operations are unknown so compliance with this condition is recorded.

Condition Number and Description Condition 12. Restoration

The site shall be progressively restored in accordance with the details shown on the approved plans (Drawing Nos: C/12/4/95, C/12/4/96, C/12/4/97, C/12/4/98) to achieve the final landscaped profiles shown in Drawing Nos: C/12/4/99, C/12/4/101 and C/12/4/102). Notes Following Visit The final profiles and restoration details for this tip will now need to be confirmed as part of the site specific review permission for this area which will be required to be submitted once the overarching Review permission which has recently been submitted has been determined. See also comments for conditions No 2 & 3 above.

Condition Number and Description Condition 13. Aftercare

Within two years of the date of this permission an aftercare scheme shall be submitted for approval of the MPA setting out the arrangements and steps necessary to restore the land to an amenity use. Such arrangements shall include maintenance of fencing, tree planting, seeding, application of fertilizer, drainage installations and treatment of gullying. The agreed aftercare arrangements shall be in force for a period of five years from the date of the completion of restoration of the whole site, the date of which shall be notified in writing to the MPA. All tree and shrub planting shall be maintained for a period of ten years following planting. Notes Following Visit The LPA are unable to establish details of any scheme having previously been submitted to the former MPA in relation to the requirements of this condition. This matter has now been outstanding for some 14 years it is requested that details of the required aftercare measures should be identified as part of the Site specific romp (ROMP) submission as identified by condition No 3 of

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this decision notice.

Condition Number and Description Condition 14. Pit Development

Within twelve months, or such longer period agreed by the CPA, of the closure of the pit, a scheme for its restoration shall be submitted to and agreed by the CPA. Such a scheme shall provide for surface treatment, landscaping, planting and after-use and aftercare. Such proposals shall be implemented within two years of the agreement of the scheme. Notes Following Visit The Karslake area remains operational at this time, and as such this is recognised to be a post dated condition. The picture below shows Littlejohns Pit as viewed from the northern side where both washing and mechanical extraction operations were being undertaken.

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3. Compliance with Planning Conditions NR/08/00443/P_ROMP dated 10/02/1998

Condition Number and Description Condition 1. Time Limits

Except where it is provided otherwise in the conditions of the original permission, the Mining Operations to which these permissions relate shall cease after 21st February 2042 unless planning permission is granted for the continuation of operations beyond that date. Unless further permission has been granted for a continuation of operations beyond this period the site shall be reclaimed in accordance with the Restoration Conditions and Aftercare Conditions approved for the Operational Areas by 21st February 2047. Notes Following Visit This condition is recognised to be post dated until 21 Feb 2042. This permission is itself currently being reviewed through a review application which has been submitted to the LPA. Once this application has been determined it should establish when the site specific review application for this area will be required to be submitted. Once this has been determined it should be possible to establish the way in which this site is to be developed and where necessary restored.

Condition Number and Description Condition 2. The Extent of the Permissions

The development to which these Permissions relate shall be limited to the areas shown on the approved plan (the application Plan Drawing No. G/4/1/102) (the site). Notes Following Visit All operations undertaken by the Operator Imerys, are acknowledged to be within the approved area identified on drawing No. G/4/1/102. It has however been recorded that the Sand recover plant which is currently operated by Aggregate Industries within the identified operational area also extends beyond that area to include an area which does not have prior planning approval. It is understood that the land in question has been in continued use by both the current and previous operators for a period of in excess of ten years and as such it would likely be immune from any planning enforcement action and for this reason along with the fact there is no demonstrable harm being caused by this continued use of the land it is not considered expedient to pursue this breach of planning any further at this time. It is also acknowledged that the use of this area can not be regularised through its inclusion as part of the current review process as there is recognised to be no existing permission in respect of this area to review.

Condition Number and Description Condition 3. Nature of Development

The development to which these Permissions relate shall comprise the winning and working of china clay, china stone, mica, sand and allied minerals, the deposit of mineral waste and operations ancillary to mining (the Mining Operations) as specified in the original permissions. Notes Following Visit The operations which are conducted by the operator are acknowledged to be in accordance with the operations identified in this permission. It is further acknowledged that the site has received further planning approval for the importation, storage and processing/composting of waste in several separate area within the overall operational area. The composting operation was monitored during this visit but as it falls outside the scope of the fees for monitoring regime it was not included as part of this report.

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Condition Number and Description Condition 4. Working Programme

The Mining Operations and the Restoration and Aftercare of the site shall be carried out in accordance with any existing conditions imposed upon the original planning permissions in addition to the supplementary conditions of this determination until such time as Schemes of Working, Site Access and Conditions have been approved by the MPA for the Operational Areas and the Long-Term Working Areas, unless otherwise agreed in writing by the MPA. The working programme for the Operational Areas may be comprised in a series of phases of not less than seven years. A Scheme of Working, Site Accesses and Conditions for each area shall be submitted for approval to the MPA in accordance with Conditions 5(a), (b) and (c). Following the approval by the MPA of a Scheme of Working, Site Access, and Conditions, the Mining Operations and the Restoration and Aftercare shall be carried out strictly in accordance with the Scheme unless otherwise approved in writing by the MPA.

Notes Following Visit This remains an outstanding matter as a Working Scheme for this area was never actually submitted. Please see the comments for Condition 5 as shown below.

Condition Number and Description Condition 5. Schemes of Working, Site Access and Conditions to Mitigate "Environmental Impact" in Operational Areas

In respect of each Operational Areas listed in Schedule A annexed hereto and identified on Drawing No. G/4/1/101 the operator shall submit to the MPA on or before the dates shown in the Schedule, unless otherwise agreed in writing with the MPA:- (a) A Scheme of Working to identify the area, depth and direction of extractive operation, the

area, height and profile of tipping or mineral waste, details of any ancillary development (including plant and stockpiling) and ongoing and (where appropriate) final landscaping, restoration and aftercare measures. The Scheme shall cover a period of not less than seven years.

(b) A report on site accesses. This will include identifying the location and function of all

operational site accesses to the public highway, and a statement on the suitability of each access for its function. Where agreed with the MPA in pre-application discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in writing by the MPA.

(c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme

period. Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definitions annexed hereto. Notes Following Visit The submission date for the information as required by this condition was formerly agreed with the MPA to be postponed until the last day of December 2011. This date is understood to have been further extended by the MPA but it is understood that a new date was not confirmed with the operator. The situation which currently exists is that this permission is itself up for review and a review application which was registered in February 2013 is currently being considered by the LPA as the former MPA no longer exists. Once the new permission has been approved it should confirm the date by which the site specific romp review will be required to be submitted and it is hoped that this will include the required working scheme which will eventually confirm the proposed method of working and restoration

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measures which are to be undertaken at this site.

Condition Number and Description Condition 6. The Long-Term Working Areas

No Mining Operations shall be carried out within any part of the site shown as a Long-Term Working Area on Schedule B and Drawing No. G/4/1/101 annexed hereto until such time as the operator has submitted to the MPA, and the MPA has approved for that part of the site; (a) A scheme of Working to identify the area, depth and direction of extractive operations, the

area, height and profile of tipping of mineral waste, details of any ancillary development (including plant access and stockpiling) and ongoing and (where appropriate), final landscaping, restoration and aftercare measures. The scheme shall cover a period of not less than seven years.

(b) A report on site accesses. This will include identifying the location and function of all

operational site accesses to the public highway, and a statement on the suitability of each access for its function. There agreed with the MPA in pre-applications discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in wiring by the MPA.

(c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme

period. Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definition annexed hereto. Notes Following Visit Karslake is identified as an Operational area rather than a Long Term Working area and accordingly this condition does not currently apply.

Condition Number and Description Condition 7. Access and Highway Matter (General)

The operator shall employ the best practicable means to prevent the transfer of mud, dust stones or other deleterious material onto the public highway. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit There are no outstanding complaints regarding the condition of the roads at any entrances or exits from this site and all were found to clean and in a good state of repair. The entrance on the eastern side which provides access to the neighbouring wheal Martyn Pit was open but not in use. The road crossing to Highermoor was gated and was also not in use. The road access on the western side at Dorothy Pit was open but was being used to gain access for works associated with the settlement tanks located inside this entrance rather than any specific mining activities. This gate is acknowledged to usually be locked and is understood to no longer be in operational use. The entrance on the southern side at Noppies Corner which is shown in picture A on the following page was open but was only seen to be used by light traffic and not heavy commercial vehicles. Traces of gravel and sand which were previously observed in this area have since been removed and this area was now clean and clear of debris.

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A.

Condition Number and Description Condition 8. Sheeting of Lorries

All heavy commercial vehicles leaving the site except those carrying single sized washed stone over 75mm shall be sheeted or have their loads otherwise totally enclosed before leaving the site (this condition shall not apply to vehicles travelling between one part of the site and another), unless otherwise agreed in writing with the MPA. Footnote: The term 'heavy commercial vehicle' is defined in the definitions annexed hereto. Notes Following Visit There are no outstanding complaints regarding dust from vehicles at the site. All vehicles which were observed to exit the site were observed to be correctly sheeted. It is acknowledged that heavy plant crossing from one part of the site to another is excluded from the requirements imposed by this condition.

Condition Number and Description Condition 9. Environmental Protection (General)

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufactures specification at all times. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto.

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Notes Following Visit There are no outstanding complaints regarding any environmental impacts covered by this condition. The ground conditions were damp at the time of the visit and dust was not a problem.

Condition Number and Description Condition 10. Dust (General)

A scheme for the suppression and mitigation of dust arising at the site which shall include proposals for dust monitoring, shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed with the MPA) of the determination of conditions by the MPA. Notes Following Visit A scheme as required by this condition was previously submitted to the MPA and it has since been confirmed as being acceptable. There were no significant impacts relating to dust experienced during this visit as the ground conditions remained damp.

Condition Number and Description Condition 11. Noise (General)

Except as may be provided for in Site Specific Conditions approved for the Operational Areas and for the Long-Term Working Areas or as may be specified in original conditions in permission granted after 1 January 1993, noise levels arising from the Mining, Restoration or Aftercare Operations on the Site, measured at any occupied residential property, shall not exceed 55 dB (LA eq) on hour freefield between 7.00 and 19.00 hours and 45dB (LA eq) 5 minutes freefield between 19.00 and 07.00 hours, unless otherwise agreed in writing with the MPA. Footnote: Noise Sensitive Areas (as defined in the annex affixed here) will be identified within schemes to be submitted for the Operational Areas (and if appropriate, the Long-Term Working Areas), and the operators shall provide baseline information for day-time and night-time levels arising from Mining, Restoration, and Aftercare Operations within Site Specific Conditions for the Noise Sensitive Areas.

Notes Following Visit There are currently no outstanding complaints regarding noise from this site and no significant operational noise was observed while touring the perimeter of the site.

Condition Number and Description Condition 12. Blasting (General)

Ground vibration fro blasting should not exceed a peak particle velocity of 8.5mm per second at or near the foundations of all domestic occupied buildings and all other buildings used for human occupation not under the control of the applicant unless otherwise agreed by the MPA. Within 12 months of the determination of new conditions, the operators shall agree an appropriate limit to ground vibrations from blasting to protect railway structures and rail services. The measurement shall be the maximum of 3 mutually perpendicular directions at the ground surface. Blasting (other than secondary blasting within the terms of the scheme approved in relation to Condition No. 14) shall only take place between 8.00 and 18.00 hours Monday to Friday and 8.00 and 12.00 hours on Saturdays unless otherwise agreed in writing with the MPA. Should ground vibration at any building or structure (other than those where a higher level has been agreed), as specified above, exceed a peak particle velocity of 8.5mm per second, the operator shall immediately notify the MPA. The notification shall be confirmed in writing together with a description of the blast design and any reason known to the operator for the blast exceeding 8.5mm per second.

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Notes Following Visit There are no outstanding complaints regarding blasting at this site and it is understood that blasting regularly takes place at various points within the Littlejohns Pit area.

Condition Number and Description Condition 13. Blasting (Monitoring)

A scheme for the monitoring of blasts and the release of all readings shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed by the MPA) of the determination of conditions. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit A scheme as required by this condition was signed off by a letter from the MPA dated 30/04/99.

Condition Number and Description Condition 14. Secondary Blasting

Within 12 months of the determination of new conditions, the operators shall submit to the MPA for approval, a scheme for any secondary blasting. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit A scheme as required by this condition was signed off by a letter from the MPA dated 30/04/1999. It is understood that no secondary blasting is undertaken at this site.

Condition Number and Description Condition 15. Ground and Surface Water Protection (bunding and storage facilities)

Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse. For any liquid other than water this shall include storage in suitable tanks and containers which shall be house in an area surrounded by a bund wall of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floors and walls of the bunded area shall be impervious to both water and oil, and vent pipes should be directed downwards into the bunded area.

Notes Following Visit All possible pollutants currently stored on site were observed to be stored within suitable double skinned or similar containers. The site is currently operated under the terms of an ISO 14001 permit which identifies further controls on such installations.

Condition Number and Description Condition 16. Protection of Controlled Waters

All surface fun-off from tips or areas prepared for extraction or tipping shall be intercepted by perimeter ditches and/or contained in settlement lagoons before discharge to any controlled waters. All tips shall be treated as soon as reasonably practicable to prevent the run-off of waste materials. Notes Following Visit The details and locations of the lagoons and drainage facilities which exist on site will need to be identified by the Romp application which is currently being considered by the LPA. Any discharge of water from the site is understood to be undertaken in accordance with a discharge license issued from the Environment Agency but it is understood that much of the water on site is re circulated and used for washing and other purposes.

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Condition Number and Description Condition 17. Lights and Floodlighting (General)

All practicable means shall be employed by the operators to minimise any adverse effects of lights and floodlights upon adjoining residential properties and to negate any resulting dazzle onto the public highway. Notes Following Visit There are no outstanding complaints regarding lighting at this site. This is a vast site and there is acknowledged to be both fixed and mobile lighting in use at various locations but these have not given rise to any concerns or complaints.

Condition Number and Description Condition 18. Soil Handling

Where affected by operations in an approval area all available topsoil and subsoil shall be separately stripped in advance from operational areas whilst in a dry condition and either: (a) stockpiled in an area to be approved by the MPA for later use in restoration (the topsoil and

subsoil shall be stored separately) or (b) transferred directly to areas prepared for surface treatment. On reinstatement the subsoils shall be replaced first and shall be loosened by cultivation across the contour, prior to spreading of the topsoil in dry ground conditions. Footnote: In this context the phrase 'dry' conditions shall mean not saturated or waterlogged by rainwater penetration, normal low moisture content being acceptable. Notes Following Visit There are currently no soil stripping operations being undertaken at this site. Heathland Vegetation and soil has previously been stripped from the Longstones Downs area. This material is understood to have been used to restore the neighbouring Gilleys site to the north. Further overburden has since been stripped from the north western section of the Littlejohns pit and this material has been deposited on the south western flanks of the Littlejohns Sand Tip.

Condition Number and Description Condition 19. Archaeology and Historic Environment (Code of Practice)

Within 12 months from the date of this determination or such other time as may be agreed in writing by the MPA, the operators will submit an Archaeological Code of Practice to the MPA for approval which sets out procedures for: (a) consultation and co-operation between the operators and the MPA (b) the assessment and evaluation of the impact of the Schemes of Working on archaeological

and historic sites and landscapes (c) establishing principles for recording or conserving features of archaeological/historic

importance Notes Following Visit The required submission was received by the MPA on the 06/11/2001. This scheme has since been confirmed as being acceptable and written confirmation of this has been supplied to the operator.

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Condition Number and Description Condition 20. Archaeology and Historic Environment (General)

In the interim period before the Schemes of Working and Site Specific Conditions required by Condition No. 5 have been approved by the MPA, where the operators intend to implement development beyond the current working areas of the mineral site which impacts upon a site identified on "The Archaeological Unit, 1991, the operator will agree a scheme to record or conserve the site with the MPA. Notes Following Visit The working area of the Karslake site is not understood to have been extended at this time so as to impact on any site identified by the Archaeological Unit report dated 1991.

Condition Number and Description Condition 21. Prior Cessation of Working

In the event of a cessation of winning and working in minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 (of the Town and Country Planning Act 1990), a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for the approval of the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA.

Notes Following Visit The site remains operational and there are apparently no current intentions to cease developments at this site so this condition is not considered to be relevant at this time.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed Issues to be addressed by MPA NR/93/00004/MIN dated 19/03/1994

Designated Officer Details

• None at this visit Issues to be addressed by Operator NR/93/00004/MIN dated 19/03/1994 • None at this visit

11. Summary The Karslake operational area consists of several neighbouring pits, being Littlejohns, Dorothy, Greater and Lower Longstones and Old Pound, most of which have there own associated former tips. Littlejohns is the largest by area which has recently been extended in a southerly direction where clay is being excavated and washed. Further washing and extraction through blasting is also acknowledged to be taking place in the deeper mid section of the pit. This area is also understood to receive excavated material from the neighbouring Higher Moor Pit where it is also washed along with the existing material. An area between Greater and Lower Longstones pit has previously been observed to have been operated at a lower level of intensity to produce clay by both dry mining excavation and localised washing operations. A washing unit remains in place at this location but this was not in operation at the time of this visit. Dorothy pit which is located on the western side of the operational are is no longer being worked for clay but is being actively back filled with waste/stent material which is generated from the production of clay.

Issues to be addressed by MPA NR/08/00443/P_ROMP dated 10/02/1998

Designated Officer Details

• None at this visit

Issues to be addressed by Operator NR/08/00443/P_ROMP dated 10/02/1998 • None at this visit

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The following picture shows Dorothy Pit as viewed from the southern side from where the majority of the infilling has been undertaken.

Located in the south western section of the site is the Dubbers Mica dam which continues to receive deposits of mica via a system of moveable discharge points located at various location around the perimeter of the dam. The following picture shows the dam as viewed from the eastern side and shows the creation of the new bench which is being developed around the southern side and this is shown extending from the left to the centre of the picture at the far side of the lagoon.

There are no outstanding complaints regarding the use of this site and no concerns regarding any environmental impacts were observed during this visit.

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