Report for Operational Area 25 - Rocks Rosevear Road Bugle ... · Page 4 of 17 2. Details of Site...

Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Operational Area 25 - Rocks Rosevear Road Bugle Cornwall On 15 March 2011

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 c

0ontinue.

0Development 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.

29Development 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 20041. 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 25 - Rocks Rosevear Road Bugle Cornwall Planning Permission(s): R6 Retention of acces to highway. - Approved on 26/10/1992 R10.ENV Review of Mineral Planning Permissions. - Approved on 10/02/1998

Legal Agreement(s): None Operator: Imerys UK Limited Site Status: Active site (Min/Was) Type of Visit: Chargeable Visit (min/was) - Announced

Visiting Officer/s: Mr Mick Butfield, Monitoring Officer, Natural Resources team Date of Visit: 15 March 2011 Time on Site: 1040. Time off Site: 1155. Attendees: Mr A Mutton, Imerys UK Limited... Weather: Dry and Bright with Light Winds... Ground Conditions: Generally dry... Report Author: Mr Mick Butfield

3. Compliance with Planning Conditions NR/08/00457/P_ROMP dated 10/02/1998

Condition Number and Description

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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 is recognised to be a Post dated condition. The outstanding Review of Mineral Planning (Romp) application has been received by the MPA on the 31.01.2010. This had not been determined at this time.

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 Current operations at this location are acknowledged to be in accordance with the approved plans. There is no extraction of clay taking place in the southern pit area but the processing and transportation operation, undertaken at the northern end of the site remain fully operational at this time. The picture below shows the southern pit area which is being allowed to naturally fill with water. This viewed was taken from the northern side of the pit where the former settlement tanks are located

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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 site is not currently being used for the extraction of minerals and the southern pit is now filling with water. All other operations at the site are currently identified as being ancillary to mining. i.e Processing, Drying and Shipping by Rail. The following picture shows the railway loading area and the open side clay store on the northern side of the site.

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 Details of the working programme will need to be identified in the site specific romp application

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(ROMP). This application has been received by the MPA but has not been determined at this time.

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

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The information required by this condition should be included in the scheduled site specific ROMP application. This application has been submitted, but has not been determined at this time.

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

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This site is not identified as a Long term working area; therefore 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 Both of the identified access points for the southern pit area were securely closed and gated. The access to the northern processing area as shown in the picture below was open.

There is an additional access point on the western side of the southern pit area which is covered by a separate planning permission which is also monitored in this report. All entrances were found to be clean and in a good state of repair.

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 the sheeting of vehicles at this site. The majority of clay which is exported from this site is understood to be conveyed by rail in covered wagons.

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. Notes Following Visit There are no outstanding complaints regarding any aspects covered by this condition and there was no machinery being operated in the southern pit area at the time of the visit. The picture below shows a pontoon pumping unit in the southern pit area but this did not appear to be in operation. Beyond this was piped discharge which was understood to be discharging material associated with the processing unit.

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

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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 The scheme which was required by this condition has previously been submitted and confirmed by the MPA as being acceptable on the 17th July 2009. There are no outstanding complaints regarding dust at this site.

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 no outstanding complaints regarding any noise which is created from within the identified Operational Area. It should be noted that the recently constructed drying plant located to the north of the operational area is not covered by this permission and as such has not been monitored as part of this report.

Condition Number and Description Condition 12. Blasting (General)

Ground vibration from 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.

Notes Following Visit There are no outstanding complaints regarding blasting at this site. There are no blasting operations taking place at this time as the southern pit is now closed.

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

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by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme which was required to be submitted by this condition is acknowledged to have previously been submitted and approved. There are no outstanding blasting complaints at this site.

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 There are currently no secondary blasting operations being undertaken at this site as the southern pit area is now closed.

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 The southern pit is no longer being used for the production of clay and as such there is no mobile plant in use in this area and all fixed plant is understood to have been removed, with the exception of the concrete settling tank which themselves are no longer in operation. As such there was no identified storage of any possible pollutants being undertaken within this section of the operational area.

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It should be noted that there are chemical storage facilities within the northern processing area, but this is understood to be outside of the current operational area as identified by this permission.

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 former pit area is now utilised as a company water reserve and is part of an identified water catchment system which is linked to a system of effluent lagoons at the north of the site which themselves have an identified licensed discharge point. The picture below shows two of the effluent/settlement lagoons, located on the northern side of the operational area. These were undergoing a cleaning operation and a high power hose can be seen in operation over the far lagoon.

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, therefore compliance with the requirements of this condition is recorded.

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 of 17

There are no surface soil stripping operations currently being undertaken at this site and at present there are no restoration soils are stored on the site. Likewise there are currently no identified areas reserved for this purpose. The southern most part of the southern pit area which was formerly used as a tip is no longer in use and its restoration will need to be established as part of the Review of mineral planning application.

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 submission of a scheme as required by this condition has previously been undertaken; therefore the requirement of this condition has been fulfilled.

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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 There are currently no operations being undertaken at this site which impact upon any of the locations which have been identified by the Archaeological Unit.

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 for the drying, storing and onward shipping of clay, therefore this condition is recognised as being post dated while these operations continue.

3. Compliance with Planning Conditions NR/92/00001/MIN dated 26/10/1992

Condition Number and Description

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Condition 1. Nature of Development

This permission relates to the access to Rocks China Clay Pit, off Stannary Road (A391) as shown on the approved plan (drawing no. CC/R/92/1013/A). Notes Following Visit The location to which this permission refers is acknowledged as being the road entrance to the southern section of the site and is shown in the picture below.

Condition Number and Description Condition 2. Visibility Splays

The access road junction with the County highway (A391) shall be provided with 150m x 4.5m visibility splays and the land within the splayed area shall be reduced to a height not exceeding 0.5 metre above the carriageway level and thereafter no obstruction to view including vegetation shall be permitted or allowed to grow in the side splays above that height. Notes Following Visit The entrance has previously been constructed in accordance with the approved plans although it is not operationally used at this time. The verge is regularly maintained in respect to plant growth and does not require any additional works at this time.

Condition Number and Description Condition 3. Construction

The site access road leading off the above-mentioned junction for a distance of 30 metres shall be constructed, drained and suitably hard surfaced and maintained in this condition in accordance with details to be agreed with the County Planning Office (CPO) in consultation with the County Surveyor. Notes Following Visit The surfacing of the entrance has previously been undertaken with tarmac. All surface water runs back into the site and is incorporated into the existing water management treated system.

Condition Number and Description Condition 4. Gating Arrangements

Within 3 months from the date of this permission the applicants shall have repositioned the gates across the access to ensure that any vehicle wishing to enter or leave the site can stand clear from the public highway whilst the gates are being opened/closed. The detail of the new gating arrangements shall be in accordance with a scheme to be agreed with the County Surveyor. Notes Following Visit The new gating system was completed some time ago and sufficient room has been allowed to prevent vehicles from blocking the highway when entering the site. The entrance is not understood to be in regular use at this time but was clear and unobstructed at the time of the visit.

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A mixture of general waste material including some building sheeting has been fly tipped within this entrance. The operator has agreed to ensure that this material will be cleared from site.

Condition Number and Description Condition 5. Road Use

Except as may otherwise be agreed with the Mineral Planning Authority (MPA), the access road hereby permitted shall be used only in connection with the following operations as set out in the written communication supporting the application and dated 25/9/92 namely:- a) use by the company's large fuel tanker b) use by the stent/overburden removal gang (movement under police escort) c) use by the company's drill rigs, and light vehicles (Landrovers etc) The use of the access for vehicles involved in the import or export of waste and/or aggregates shall only be with prior agreement of the Mineral Planning Authority. Notes Following Visit The gates were found to be closed and securely locked. It is understood that this entrance is not currently in regular use.

Condition Number and Description Condition 6. Operating Hours

Except as may otherwise be agreed with the CPO the approved access shall only be used during the following times: between 7.00 am and 7.00 pm Mondays to Saturdays There shall be no use of the access on Sundays, Bank Holidays and National Holidays except for the company's fuel tanker. Should the tanker use the approved access on Bank Holidays or National Holidays the approved hours are those detailed above. However for Sundays there shall be no access to the tanker except between 10.00 am and 7.00pm. Notes Following Visit The southern section of the site is not currently being worked and there are no outstanding

complaints regarding Operating Hours at this site therefore compliance with this condition is recorded.

Condition Number and Description Condition 7. Mud

The operator shall take all practicable steps to prevent mud, stones or other deleterious material being carried onto the public highway. Notes Following Visit This access point is not understood to be regularly used. It was found to be clean apart from the waste which had been fly tipped on the verge and in a generally good state of repair.

Condition Number and Description Condition 8. Dust, smoke or fumes.

All practicable means shall be employed by the operators for preventing an minimising the emission of dust, smoke or fumes and the creation of noise during the approved use of the access. The word 'practicable' and 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 overleaf. The provisions of this condition include the installation of and maintenance of effective silencers on all plant or machinery and measures to minimise disturbance from reversing sirens on mobile plant. Notes Following Visit The use of this access is limited to infrequent light vehicular traffic. There are no outstanding complaints regarding any aspects which could be associated with the use of this entrance.

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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/08/00457/P_ROMP

Designated Officer Details

• None at this visit. Issues to be addressed by Operator NR/08/00457/P_ROMP • None at this visit. Issues to be addressed by MPA NR/92/00001/MIN

Designated Officer Details

• None at this visit. Issues to be addressed by Operator NR/92/00001/MIN • None at this visit. 11. Summary The Rocks Pit Operational Area, OA25, is divided into two sections which are separated by a public highway. The southern section contains the former pit area and a selection of disused settlement tanks. Neither of these areas are currently being worked for the extraction of clay at this time. The southern pit area is being allowed to naturally fill with water. The northern most section of the site remains operational and contains the clay processing, drying and rail shipping operations. It should be noted that the more recently constructed drying plant which is located beside the railway siding in the northern section of the site is not currently recognised as forming part of this individual operational area. For this reason it has not been monitored as part of this particular report. Also contained within this area is the former Wheal Henry Pit, which has since been planted and restored to create a wetland habitat. A Review of mineral planning ROMP application has previously been submitted to the MPA for consideration on the 31.01.2010. When determined, this will form a revised list of planning conditions and hopefully identify what future restoration measures and operational uses are intended to be undertaken on this site. There are no outstanding complaints regarding any operational uses undertaken at this site and no significant environmental impacts were observed or recorded during this visit.

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