esia italy annex 1 scoping advice from moe and mch

ESIA Italy Annex 1 Scoping Advice from MoE and MCH

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Project Title: Trans Adriatic Pipeline – TAP IAL00-ERM-643-Y-TAE-1000 Rev.:00 / at01 Document Title: ESIA Italy - Annex 1 Scoping Advice from MoE and

MCH

1 MATTM and MiBAC Scoping Advice This Annex includes the Scoping Advice of the Ministry of Environment - MATTM (prot. DVA-2011-0029847 dated 29 November 2011) and Ministry of Cultural Heritage - MiBAC (prot. DG/PBAAC/34.19.04/5466/2012 dated 22 February 2012).

The following Table provides guidance on the relevant Section number of the ESIA providing responses to the various requests included in the aforementioned Scoping Advice. Moreover, responses to the other requests received by the authorities during the ESIA procedure are listed below together with the related ESIA sections.

Table 1 Requests received by the Authorities and Additional Integrations. Comprehensive Summary

Request Ref. ESIA (Section)

MoE Scoping Advice

Point n.1 Section 5 “ESIA Approach and Methodology” Annex 6 “ESIA Baseline and Impact Assessment Methodology”

Point n.2 All ESIA Point n.3* n.a. Point n.4 All ESIA

Point n.5 Section 4.7 “Decommissioning” Section 8 “Assessment of Impacts and Mitigation Measures”

Point n.6 Section 3.3.7 “Main Legislation on Industrial Risk” Point n.7 Section 2.1.1 Description of the Pipeline Route and Associated Infrastructure

Point n.8 Section 4.6 “Overall Duration and Timing” Section 8 “Assessment of Impacts and Mitigation Measures” Annex 8 “Landscape Impact Assessment”

Point n.9 Section 3.3.8 “Existing Mining and Exploration Concessions” Point n.10 Section 4 “Project Description” Point n.11 Section 4 “Project Description” Point n.12 Section 4.1.3 “Design Philosophy” Point n.13 Section 6.3.2 “Harbours and Marine Traffic” Point n.14 Section 8 “Assessment of Impacts and Mitigation Measures”

Point n.15 Section 8.12 “Pipeline Safety” Section 9 “Environmental and Social Management and Monitoring”

Point n.16 Section 8 “Assessment of Impacts and Mitigation Measures”

Point n.17 Section 2.2 “Project Alternatives” Annex 2 “Alternatives Assessment”

Point n.18 Section 6 “Environmental, Socioeconomic and Cultural Heritage Baseline” Point n.19 Annex 9 “Appropriate Assessment on Natura 2000 Sites”

Point n.20 Section 6.2.7.2.2 “Protected Habitats and Natura 2000” Annex 7 “Baseline Data and Maps”

Point n.21 Section 6 “Environmental, Socioeconomic and Cultural Heritage Baseline” Section 8 “Assessment of Impacts and Mitigation Measures”

Point n.22 Section 8.2 Offshore Physical Environment


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Point n.23

Section 6.5 “Onshore Biological Environment“ Section 8.6 “Onshore Biological Environment” Section 6.2 “Marine Biological and Physical Environment Baseline” Section 8.3 “Offshore – Biological Environment” Annex 7 “Baseline Data and Maps” Annex 7 Appendix 7 “Fish nursery areas and presence of marine mammals in the study area”

Point n.24

Section 6.2 “Marine Physical and Biological Environment Baseline” Section 6.4 “Onshore Physical Environment” Section 6.4.7 “Soil and Soil Quality” Section 6.5 “Onshore Biological Environment” Annex 7 “Baseline Data and Maps”

Point n.25

Section 6.2 “Marine Physical and Biological Environment Baseline” Section 6.4 “Onshore Physical Environment” Section 8.2 “Offshore Physical Environment” Section 8.5 “Onshore Physical Environment” Annex 7 “Baseline Data and Maps” Annex 7 Appendix 6 “Environmental Survey Report (OPL00-DOF-150-G-TRP-0003)” Annex 7 Appendix 10 “Shallow Geotechnical Survey Positioning Report (OPL00-DOF-150-G-TRP-0004)”

Point n.26

Section 6.2 “Marine Physical and Biological Environment Baseline” Section 6.4 “Onshore Physical Environment” Section 8.2 “Offshore Physical Environment” Section 8.5 “Onshore Physical Environment” Section 8.5.2.3 “Construction and Pre-Commissioning Phase”

Point n.27 Section 9 “Environmental and Social Management and Monitoring” Point n.28 Section 8.9 “Cumulative Impacts”

Point n.29 Section 9.4.3 “Soil management Plan” Annex 5 “Soil Management Plan”

Point n.30 Section 8 “Assessment of Impacts and Mitigation Measures” Section 8.1 “Introduction”

MCH Scoping Advice

Point n.1 Section 2.2 “Project Alternatives” Annex 2 “Alternatives Assessment”

Point n.2 Annex 2 “Alternatives Assessment” Point n.3 Section 6 “Environmental, Socioeconomic and Cultural Heritage Baseline”

Section 6.7 “Onshore Cultural Heritage”

Point n.4 Section 8.8.1 “Archaeological Risk” Annex 7 “Baseline Data and Maps” Annex 7 Appendix 4 “Preventive Archaeological Assessment Document”

Point n.5 Section 6.3.4 “Marine Archaeological Resources Annex 7 – Section 1.2 “Offshore Baseline Data”

Point n.6* n.a. Point n.7 Section 6.7 “Onshore Cultural Heritage”

Annex 8 “Landscape Impact Assessment” Annex 7 Appendix 5 “Photolog and Topographic survey”


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Point n.8 Section 3.3.4 “Urban and Regional Planning Instruments” Annex 8 “Landscape Impact Assessment” Section 8.5.5 “Landscape and Visual Amenity“

Point n.9 Section 8.5.5 “Landscape and Visual Amenity” Annex 8 “Landscape Impact Assessment”

Point n.10 Annex 8 “Landscape Impact Assessment”

Other Requests

MiBAC Letter dated 26/04/2012

Section 3.3.4 “Urban and Regional Planning Instruments” Section 6.4.7 “Landscape and Visual Amenity” Annex 8 Paragraph 9 “Conclusion”

Meeting with MATTM dated 7th June 2012

Section 2.1 “Project Background and Objectives”

Meeting with MATTM dated 7th June 2012

Section 6.3.5 “Marine Ammunition/Unexploded Ordinances (UXO)”

Request of the Province of Lecce

Section 3.3.4 “Urban and Regional Planning Instruments”

Spontaneous Additions n.a Section 8.8 “Transboundary Impacts” n.a Section 9 “Environmental and Social Management and Monitoring”


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2 MATTM Scoping Advice Translation This paragraph presents the translation of the MATTM Scoping Advice that is attached below. In

particular, the translation into English (presented in Table 2) has been provided only for the

prescriptions reported from page 9 to 12 of MATTM Scoping Advice (prot. DVA-2011-0029847

dated 29 November 2011).

Table 2 MATTM Scoping Advice Translation Scoping Advice Prescriptions – Methodological Aspects

1 In addition to the documentation presented, ESIA should describe and clearly justify the methodologies and the instruments used to forecast the extent of impacts on the environment. This shall be done in order to verify the results obtained both for the offshore and for the onshore facilities.

2 The proposed ESIA Structure is declared in the document without a detailed identification of the way the ESIA will be presented. It is recommended to follow the Italian regulation in force

3

It is necessary, as establishes art. 26 paragraph 4 of D. Lgs. 152/2006 as modified as per art. 2 paragraph 22f of D. Lgs 29 June 2010, n. 128; to activate and have all the authorizations, the agreements, the permissions, the licences, the opinions, the permits and the assents for the construction and operation of the Project as well as useful for obtaining the environmental compatibility act, that in the first instance were already recalled during the preliminary phase, but not necessarily to be intended in a restrictive way.

4 It is mandatory to pay attention at comments, during the drafting of the ESIA, the ones already presented together with the comments that will be made during the procedure, in order to have a partaken procedure.

Scoping Advice Prescriptions – Legislative Framework Aspects

5 The evaluations included in the ESIA shall concern also the decommissioning of the entire Project, with reference to all offshore and onshore structures.

6

It is necessary to check the restrain of terminal plants to D. Lgs. 334/99 and subsequent amendments, in case provide no impediment to preliminary feasibility. This is done to assess the correctness of the project location, from a security point of view, and also from distances and compatibility point of view. The security report for relevant damage events shall be evaluated by the fire brigade covering the territory, better if before the beginning of the inquiry of ESIA.

7 The Company shall include in the documentation the existing agreements with Snam Rete Gas Company, to take charge of the gas up to the delivery point

8

The legislative framework of the ESIA shall contain specific analysis concerning the following: • environmental and landscape protection, with particular reference to Cultural heritage and

landscape code as stated in D. Lgs. 42/2004. • impact evaluations of construction activities on touristic businesses of the area during

summer period, should be contained in the ESIA defining specific Gantt programs, to avoid overlaps between site and tourist activities.

9 In the drafting of the final project, the Company should take into account and verify research permissions and mineral concessions for hydrocarbons already activated and the possible interferences with the future project.

Scoping Advice Prescriptions – Project Aspects

10 Technical-methodological attention and disciplinary examination shall be given to the laying of offshore pipeline.

11 Similarly, maximum attention shall be paid to the evaluation of the most appropriate techniques to be used for the landfall preparation.

12

It is necessary to develop in a proper manner, the construction rules and protection measures of the pipeline. The underwater pipeline project shall be in compliance with the policy of Det Noske Veritas: “Offshore Standard DnV-OS-F101 – Submarine pipeline Systems”. As for the environmental risk analysis it is preferable that shall comply with the certification: “DnV RP-F107 – Risk Assessment of pipeline protection”

13

For the construction phase, routes and the frequency of vessels, including the traffic forecast of the local PRP, shall be described in order to evaluate the possible interferences with the existing and expected marine traffic. Potential interferences due to vessels shall be analysed: in order to describe the baseline conditions, the marine traffic data of the port Authority control system can be used.


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14 Mitigation measures of the impacts shall refer to all project facilities, both onshore and offshore, for both construction and operation phase.

15

Other than a Risk Assessment Document, the Proponent shall prepare a Security Plan, an Emergency Plan and a periodic Control System Plan, to be all approved by the competent authorities. These Plans shall be integrated by an analysis of the possible environmental effects due to failures or accidents, also considering the climate changing nature of natural gas.

16 Particular attention shall be paid to the definition and to the description of the geomorphological and vegetational reinstatement concerning different affected areas.

17 Within project alternatives it is not mentioned the Alternative zero; it is necessary that the ESIA shall include the hypothesis of no Project including the analysis of the potential impacts.

Scoping Advice Prescriptions – Environmental Aspects

18 Considering the description of the environmental components potentially impacted by the project, it is necessary to make a characterisation of the up-to-date baseline conditions based on recent data, and if not available, obtained through specific analysis and monitoring surveys.

19 Considering the SCI, SPA, and IBA list included in the the Preliminary Environmental Study, Appropriate Assessment of the Natura 2000 sites within 5 km from the Project shall be prepared and delivered with the final ESIA.

20

Regarding the ecosystem component, a detailed assessment on the Posidonia baseline and density shall be prepared by performing specific surveys, counting by means of proper devices, also taking into account previous studies, in order to consider the recovering capacity of the meadows to the changes due to pipeline laying and landfall preparation.

21 By reading the proposed table of content of the ESIA, the inquiry reveals a generic description of the activities and impacts caused during the construction phase: it is needed to deepen he aspects related to these interactions with particular reference to the following items.

22 It is due to analyse the incidence of marine currents on the transportation of sediments during construction, also through modelling, in order to assess possible effects on the Posidonia oceanica meadows.

23 Within the analysis of the environmental component vegetation, flora and fauna, it is essential to verify and analyse the presence of natural and priority habitats, with particular attention to the potential impacts on ichthyic fauna.

24

Within the analysis of the component ground and subsoil, geognostic and geotechnical surveys shall be made, regarding the onshore area and the seabed affected by the project. In order to verify the absence of contaminations, analysis of specific samples collected every 500 m in line with geological variations, shall be performed to run a physical, chemical and microbiological characterization of soils and marine sediments.

25 Geomorphological and hydrogeological alterations shall be defined as well as the geomorphological and hydrogeological hazard in relation with the foreseen excavations both onshore and offshore.

26

The analysis of the components atmosphere, noise and vibrations shall include the quantitative estimation of the emissions, the calculation of the concentrations of pollutants and the estimation of noise emission levels nearby the receptors, by using modelling, site surveys and existing monitoring data with particular attention to the construction phase connected to the onshore laying of the pipeline.

27 Environmental Monitoring Plans scheduled by ESIA shall take into account possible monitoring programs already in progress in the area, in particular the existing ones for water quality and marine ecosystems.

28 For both the baseline and impact assessment of the surrounding areas, particular attention shall be focused to potential cumulative impacts on the study area deriving by big projects presently approved or in their construction phase.

29

Description of effective management of excavation material, potential reusing of excavated material, calculation of expected soil movements with indication about the origin and disposal as well as the preparation of a traffic plan including itineraries, type of transport means, traffic volume, expected schedule, planned itineraries though urban areas, etc.) have not been revealed. It is needed to include these items in the ESIA. Specifically, for the onshore section, a recycling plan for excavation materials shall be prepared as per article 186 of D. Lgs. 152/2006 and subsequent amendments.

30

The preliminary inquiry has registered an overall lack of information regarding mitigation and compensation measures, that shall include:

• Identification and description of measures aiming at avoiding, reducing and if possible compensating the negative impacts of the project;

• a work schedule and technical specifications concerning impacts mitigation during construction activities, which shall be included in the documents concerning the contractual burdens of the executing party (specifications).


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3 MiBAC Scoping Advice Translation This paragraph presents the translation of the MiBAC Scoping Advice that is attached below. In

particular, the translation into English (presented in Table 3) has been provided only for the

prescriptions reported from page 5 to 6 of MiBAC Scoping Advice (prot.

DG/PBAAC/34.19.04/5466/2012 dated 22 February 2012).

Table 3 MiBAC Scoping Advice Translation

Scoping Advice Prescriptions

1

In the ESIA should be analysed in detail the alternatives already examined in the Scoping report. In particular there should be a comparison of the landscape contexts crossed by each route analysed in the Project. Furthermore the ESIA should assess the compatibility with the elements of cultural and landscape value present in the area and eventually constrained by the laws. It should be evaluate the coherence of the project with the landscape plan in force at the time of submission of the ESIA.

2 At the time of submission of the ESIA, it should be verified the lawful acquisition of the license to construction the offshore wind farms affected by some of proposed alternatives. The interference could be a feasibility limit for the alternatives.

3

An appropriate documentation should be realised to reflect the status of the places crossed by the pipeline, in particular concerning the potentially of the archaeological sites. It should be determined through the official catalogue, by a careful examination of maps and aerial photos (especially those dated) and through a detail survey to be performed on the ground surface.

4

Regarding the on shore works (pipeline and infrastructures such as construction sites, housing, roads and storage areas for materials, as well as the area of the PRT), any archaeologists with a suitable training and proven experience should perform a map of the archaeological risk. The CH Superintendence of Apulia will issue its opinion foresee eventual pre-excavations or archaeological controls.

5

In the offshore section and in the area where it is expected to carry out the pre-excavation with a dredge (between the Km 100.317 and Km 100.800), should be performed a shooting video using a ROV and a marine archaeological exploration (eg: sub bottom Profiler, Side Scan Sonar, MBES - Multibeam or other technology appropriate to the nature and depth of the seabed). The surveys should be supervised by marine archaeologists of proper training and proven experience whose curriculum must be presented to the CH Superintendence of Apulia.

6 The documentation relating to these investigations should be part of the ESIA and be transmitted to the Superintendence for Cultural Heritage and the General Directorate PaBAAC. The latter is competent to issue the opinion on the environmental compatibility of the Project.

7

A description and analysis of the current state of the places interfered by the project should be performed. The report should have a cartographic mapping of the elements with a landscape value in the wide area, in particular regarding the CH sites constrained by the Part II of Cultural Heritage and Landscape Code, as well as rural artefacts interfered (masserie, drystone walls, neviere, tanks, wells, mills). Particular attention should be given to the constrained areas, or areas protected by ope legis. The above analysis should be completed by a photographic documentation.

8

It should be checked the compliance of the project with the existing landscape planning. If it is not yet approved the Landscape Regional Plan (PPTR), under preparation with the support of the Ministry, the Project should be in compliance with the Abroad Area (ATE) and Specific Areas (ATD) by the Regional Landscape Plan (PUTTP) currently in force.

9

The condition of the premises after the construction phase should be reported as clearly and comprehensively as possible, also using photo simulations, with particular regard to areas subject to permanent change, such as buffer zone, the area of PRT stations and block valve. The simulations should consider an adequate area around the work site calculated considering the intervisibility. The simulations should allow assessment on the compatibility and suitability of the project with respect to the landscape context and to the specific values of the interfered areas.


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Scoping Advice Prescriptions

10

Considering that the Project will be subject of a single procedure to obtain the construction and operation permissions, it is necessary to anticipate the delivery of Landscape Assessment (DPCM 12/12/2005) "Identifying the necessary documentation to verify the landscape compatibility of proposed interventions pursuant of Article 146, paragraph 3, of the Cultural Heritage and Landscape Code 42/2004”, at the submission of the instance of VIA. The Landscape Assessment should be an independent document than the ESIA. The landscape report should be performed according to the guidelines contained the Annex entitled "Landscape Report" and the report should include “all the elements necessary to verify the landscape compatibility of the intervention with reference to the landscape and the information of the Regional Landscape Plan with specific consideration of landscape values.

Trans Adriatic Pipeline AG Italia, Branch Via IV Novembre, 149, 00187 Rome, Italy

Tel.: +39 06 45 46 941 Fax: +39 06 45 46 94 444

[email protected] [email protected]

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esia italy annex 1 scoping advice from moe and mch

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