Who is Responsible for the Cumbrian/Sellafield Mud Patch which lies above the Coal Mine Plan?

Map of the Cumbrian Mud Patch also known as the Sellafield Mud Patch (BGS image) – the great majority of the Woodhouse Colliery lies beneath the Mud Patch which extends north of St Bees Head and into the Solway Estuary

Many thanks to Tim Farron MP who is asking questions on our behalf – this is his reply to us this week about lack of responsibility by regulators for the safety of radioactive wastes on – and off – Sellafield.

Dear Marianne

Thank you very much for your recent email with regard to the queries you wish to raise about potential seismicity from the mine and your concerns about radioactive waste and the lack of responsible parties.

The approval of the mine by the Cumbria County Council planning committee is a significant backwards step, especially in the midst of a climate crisis, and I was happy to offer my objection to the committee “in person”.  Much of this feels like deja-vu having been here only last year.  Now we await the Minister’s decision on calling in the application.  As you may be aware, I have written to him to urge that he does call in the application and reject it.

I would be more than happy to raise your queries with which I agree.  I think they are best raised with DBEIS.

That being the case, I am pleased to confirm that I have written to the Secretary of State for Business, Energy, and Industrial Strategy to submit your queries for his response.  I will write again, when I have received the response.

With best wishes

Yours sincerely

TIM FARRON MP

The following letter was sent to Tim Farron MP to ask :

Who is Responsible for the Cumbrian/Sellafield Mud Patch which lies above the Coal Mine Plan and would be at certain risk of Subsidence?

Full text of the letter below…

Dear Tim,

Thank you for speaking against the plan to open the first deep coal mine in the UK in decades and for writing again to the Secretary of State asking for Cumbria County Councils “decision” to be called in. The council’s  vote on 2nd Oct is not final, I suspect (but do not know ) that it would have to be ratified as the Secretary of State has issued a holding notice saying that the council could refuse the application but not approve it – only that they were ‘minded to approve’.

I was cheering your presentation to the council on until the bit where you advocated new nuclear on the greenfields next to Sellafiied.   Our view, which is reinforced by empirical evidence, is that the radiological impacts of this coal mine would far outweigh the more obvious and (thanks to the work of Radiation Free Lakeland) acknowledged climate risks.  The radiological risks remain a big fat taboo.

The 101 conditions placed on the planning application include several conditions relating to Seismic and Subsidence Impacts.  These impacts are not ‘maybes’ they are definite consequences of mass void removal from the West Cumbrian coast largely from under the Irish Sea and the Cumbrian Mud Patch.

These conditions (see below) state that the developer would be responsible for self monitoring the known seismic and subsidence impacts. We know how this played out with Cuadrilla in Lancashire carrying out their own seismic monitoring and investigations. 

Given our concerns we would very much appreciate it if you could direct some questions to the BEIS (or whoever you think most appropriate)

The Mayor of Copeland Mike Starkie told the Council in his presentation that Sellafield strongly support the plan.  We assume this means the NDA/RWM rather than private contractors at Sellafield?

Decades of Sellafield’s radioactive nuclear wastes have accumulated on “the Cumbrian Mud Patch, a large offshore mudflat lying parallel to the Cumbrian coast, off Sellafield, which acts as a very efficient sink for particle-reactive radionuclides, such as transuranics.”  Diagenetic reactivity of the plutonium in marine anoxic sediments (Cumbrian mud patch – eastern Irish Sea) May 2005 Radioprotection 40 DOI: 10.1051/radiopro:2005s1-079   12.19 Institut national de l’environnement industriel et des risques

Our questions are: 

Does Sellafield accept responsibility for the decades of radioactive wastes which have settled on the Cumbrian Mud Patch?

If not, then who does and who would be responsible for resuspension of these radioactive wastes into the sea and ultimately to the shores of Cumbria?
The Council?   West Cumbria Mining?  Radioactive Waste Management?  Nuclear Decommissioning Authority?  No-one???
Given that WCM will carry out mass void removal and have already drilled ‘exploratory’ boreholes through named faults near the Sellafield plant – The Rachel Fault and the Nethertown Fault – and plan to abstract unknown quantities of fresh water from the Byerstead Fault…..

Who would be responsible for seismic damage resulting in a nuclear accident  at Sellafield ?

The Council?   West Cumbria Mining?  Radioactive Waste Management?  Nuclear Decommissioning Authority?  No-one???

Many thanks once again for voicing your strong opposition to the coal mine and I hope that you can find the answers to the above questions

yours sincerely

Marianne Birkby
Radiation Free Lakeland on behalf of Keep Cumbrian Coal in the Hole

Further Notes:

There have been many peer reviewed and independent reports indicating that subsidence/disturbance of the Irish Sea bed will resuspend radioactive wastes into the sea.  It takes just 4 years for radioactive wastes from Sellafield’s discharge pipeline to reach the Arctic. Far less time to reach our own coasts. The New Scientist has reported that Sellafield “reprocessing plant has released 40 000 billion becquerels of caesium-137. “So far, about 15 000 billion becquerels have reached the Arctic. This is between two and three times more than the contamination from Chernobyl, which is reaching the Arctic via the Baltic and North Seas.”  https://www.newscientist.com/article/mg15420811-400-sellafield-leaves-its-mark-on-the-frozen-north/

Our own report to the Council from marine expert Tim Deere-Jones highlights the irreparable damage that would be done to people and planet from seismic and subsidence impacts due to massive void removal from under the Irish Sea near Sellafield and directly under the Cumbrian Mud Patch.

The full report can be accessed here: https://keepcumbriancoalinthehole.wordpress.com/2020/06/11/briefing-paper-radiological-implications-of-potential-seabed-subsidence-seismicity-fault-re-activation-beneath-the-cumbrian-mud-patch-induced-by-mass-removal/

CUMBRIA COUNTY COUNCIL CONDITIONS ON WCM’s PLANNING APPLICATION RELATING TO:

SEISMICITY AND SUBSIDENCE 

nb WCM would ‘self-monitor’

 42 Phasing and Management for Paste Placement

 Prior to the commencement of Construction Works, a phasing and management plan for the placement of paste in the mining voids shall be submitted to and approved in writing by the Mineral Planning Authority. The plan shall include details of the phasing of proposed filling activities, the volumes of paste to be transferred to the voids, the location and depth of the voids to be filled, an assessment of any risks associated with the transfer of paste to the identified voids and any mitigation measures necessary to ensure the transfer of paste to the voids to manage the risks identified.

 The approved plan shall be implemented and the development shall be undertaken in accordance with the approved details.

 Reason: To ensure the proposed development does not pose an unacceptable risk of pollution to controlled waters and to minimise subsidence in accordance with policies DC13 and DC20 of the Cumbria Minerals and Waste Local Plan.

 66.Seismic Activity – Monitoring

 No mineral working shall take place until a Seismic Activity Monitoring Scheme (SAMS) for onshore mining has been submitted to and approved in writing by the Mineral Planning Authority. The scheme shall include the following:

a) the methodology for monitoring seismic activity. This shall identify the potential receptors which will be the subject of monitoring, and the equipment to be utilised for monitoring;

b) the location for the installation of the seismic monitoring array to effectively monitor the seismic activity impacts on the receptors identified at (a); and

c) the arrangements including timescales and frequency of reporting the outcome of monitoring to the Mineral Planning Authority.

Once approved, the SAMS shall be fully implemented prior to the commencement of onshore coal mining and shall continue for a period of 6 years after the cessation of onshore coal mining. All monitoring and reporting shall be undertaken in accordance with the approved scheme.

Reason: To ensure that seismic activity events are monitored, investigated and mitigated in accordance with policy DC13 of the Cumbria Minerals and Waste Local Plan

67 Seismic Activity – Investigation

In the event that seismic activity which is attributable to onshore mining activity at any of the receptors identified at condition 66 exceeds a Peak Particle Velocity (PPV) of 6mm/sec the operator shall, as soon as reasonably practicable, carry out an investigation into the reasons for that exceedance. This investigation will confirm whether or not the seismic activity was induced by mining activity and, if so, identify the mining activities taking place, immediately prior to, the time the exceedance was detected. The outcome of that investigation shall be set out in a report and submitted to the Mineral Planning Authority within 7 days of the exceedance for approval in writing by the Mineral Planning Authority.

 Reason: To ensure that seismic activity events are monitored, investigated and mitigated in accordance with policy DC13 of the Cumbria Minerals and Waste Local Plan.

1. 68 Seismic Activity – Mitigation
2. Where a seismic activity investigation has been undertaken and reported to the Mineral Planning Authority under condition 67, and where the conclusion of that investigation is that the seismic activity was attributable to onshore mining operations, within 14 days of the receipt by the Mineral Planning Authority of the investigation report, mineral extraction shall cease and a scheme and programme for seismic activity mitigation shall be submitted to and approved in writing by the Mineral Planning Authority. The scheme shall:

1. a)  provide the rationale for the development of the mitigation measures with reference to the outcome of the investigation;
2. b)  detail the measures to be taken to reduce seismic activity;
3. c)  provide a programme for the implementation of the mitigation measures derived
   from the investigation report; and
4. d)  provide for an increase in the frequency of monitoring reporting to assess the efficacy of the mitigation measures which have been put in place.

Once approved the scheme shall be implemented in accordance with the approved programme.

Reason: To ensure that seismic activity events are monitored, investigated and mitigated in accordance with policy DC13 of the Cumbria Minerals and Waste Local Plan.

69 Subsidence – Monitoring

No working of minerals shall take place until a subsidence monitoring scheme has been submitted to and approved in writing by the Mineral Planning Authority. The monitoring scheme shall provide for monitoring the potential effects of subsidence on sensitive receptors. The scheme shall include the following:

a)  The methodology for subsidence monitoring including establishing the maximum zone of influence of onshore mining by projecting from the outward edge of extraction a line outwards and upwards from the relevant seam at 35o from a line perpendicular to that seam so as to intersect the surface, the methods for recording existing ground levels, method for monitoring changes in ground levels, equipment to be utilised and duration of monitoring following the cessation of onshore mining;

b)  The subsidence monitoring locations and the rationale for the number of monitoring points and the locations selected;

c)  The frequency of subsidence monitoring, and the rationale for the frequency selected;

d)  The arrangements for reporting the outcome of subsidence monitoring to the Mineral Planning Authority which routinely shall be no less than annually;

e)  The method for the derivation of trigger subsidence levels at sensitive receptors which would represent a subsidence event; and

f)  Proposals for increasing the frequency of subsidence monitoring and for the

reporting of that increased frequency of monitoring to the Mineral Planning Authority in the event that a subsidence event occurs.

Surface subsidence monitoring and reporting shall be undertaken in accordance with the approved monitoring and reporting scheme.

Reason: To ensure that subsidence is monitored, investigated and mitigated in accordance with policy DC13 of the Cumbria Minerals and Waste Local Plan.

70 Subsidence – Investigation and reporting

In the event that a subsidence event occurs, the zone of influence of the sensitive receptor shall be established by projecting downward and inward at an angle of 35o to the depth of seam being worked. Coal production within the zone of influence of the sensitive receptor shall be suspended until a subsidence investigation has been completed. The subsidence investigation shall determine the reason(s) for the subsidence event. The investigation shall review the mining activities taking place prior to the subsidence event being detected and determine which of these activities led to the subsidence event occurring. The findings of the investigation shall be set out in a subsidence investigation report which shall also identify the mitigation measures and a programme to be adopted to prevent a reoccurrence of a subsidence event. Where a subsidence investigation report has been concluded it shall be submitted to and approved in writing by the Mineral Planning Authority. Any mitigation measures shall be carried out in accordance with the Mineral Planning Authority’s written approval and the approved programme.

Reason: To ensure that subsidence is monitored, investigated and mitigated in accordance with policy DC13 of the Cumbria Minerals and Waste Local Plan.

Subsidence – Mitigation

1. Coal mining shall only recommence within the zone of influence of the sensitive receptor which was the subject of the subsidence event under condition 70 after the Mineral Planning Authority provide written notification to confirm approval of the investigation report and that the proposed mitigation measures are acceptable. Coal mining within the zone of influence of the sensitive receptor which was the subject of the subsidence event shall thereafter only take place in accordance with the mitigation measures approved within the subsidence investigation report.
   Reason: To ensure that subsidence is monitored, investigated and mitigated in accordance with policy DC13 of the Cumbria Minerals and Waste Local Plan.