NRW raises fresh concerns about ‘inadequate’ restoration plan for controversial mine

Martin Shipton

Wales’ environmental regulator has lodged fresh objections to a planning application that, if approved, could let a mining company off the hook for remediation costs totalling around £100m.

Natural Resources Wales (NRW) has sent a lengthy letter to Merthyr Tydfil council, raising concerns about a ”light touch” remediation plan for the Ffos-y-fran mine, which until it closed in November 2023 was the nation’s largest opencast mine.

When it first opened, the company running the mine, now known as Merthyr (South Wales) Ltd, pledged to fully restore the site after it finished operations.

But despite paying out nearly £50m in dividends and royalties since 2017, the firm now claims it can’t afford a full remediation of the site, estimated to cost up to  £120m.

Earlier this year Nation.Cymru revealed how David Lewis, the sole director of Merthyr (South Wales) Ltd, had a conviction for defrauding a bank of £88,000 to fund his gambling addiction and how recently he had assaulted an elderly solicitor outside his Newport office.

Scaled down

The company has applied for planning permission to undertake a scaled-down remediation of the Ffos-y-Fran site – even though around £91m has been set aside for the remediation work in accounts lodged at Companies House.

However a campaigning organisation called the Coal Action Network (CAN), has called for the application to be rejected. It argues that the company is trying to wriggle out of its legal responsibilities and land the public sector with a massive bill.

According to CAN, the new plan would:

* Abandon the mining void recently flooded by Merthyr (South Wales) Ltd. This could reach 1.14 million cubic metres of mine water – or, adjusting for the potential effects of climate change, 1.5 million cubic metres of mine water. The flooded void could reach an elevation of 286 metres. The closest edge of the flooded void to inhabitants’ homes is 320 metres.

* Leave behind three coal tips that comprise a total of 37m square metres of colliery spoil, soil, and other material. These coal tips tower above nearby residents of Merthyr Tydfil by up to 210 metres. The closest edge of tip 1 is just 600 metres from inhabitants’ homes and has already suffered substantial collapse on one side.

* Leave an excavated and exposed coal face cliff with a sheer drop of around 150 metres into the flooded void.

Objections

Now NRW has set out its further objections to the planning application.

It states: “We continue to have concerns with the application as submitted because inadequate information has been provided in support of the proposal. To overcome  these concerns, you [Merthyr council] should seek further information from the applicant regarding land contamination and pollution prevention. If this information is not provided, we would object to this planning application.

“We also advise that based on the information submitted to date, conditions regarding European protected species [the Great Crested Newt] should be attached to any planning  permission granted. Without the inclusion of these conditions we would object to this planning application.”

NRW states: “We note that the applicant has suggested the production of an Environmental Management Plan to either be agreed during the application process or to be conditioned to any grant of planning permission. We would be open to either option, however please note that any Environmental Monitoring Plan should include the following:

• Location of monitoring site and type of feature being monitored.

• Frequency and method of measurements – e.g. logger collection, manual measurement, observation. Monthly/quarterly etc.

• Triggers to action mitigation and contingency measures if there is risk of impact on the local environment.

• Mitigation and contingency measures.

• Duration of the monitoring.”

The letter goes on to repeat previously expressed concerns relating to land contamination and the need for more robust pollution prevention measures.

Changes

An earlier letter from NRW stated: “There have already been substantial changes to the ecology, hydrology and hydrogeology of the site prior to this date as a result of mining activities.

“We note that the sampling undertaken on site has identified elevated concentrations of some heavy metals and ammonia in the void and in water around the site, which are said to be treated by the onsite lagoons. It is therefore crucial that these lagoons are managed and monitored into the future, or a suitable alternative is proposed.

“Site drainage has not been adequately addressed within the application. From the information submitted, we have concerns regarding a potentially significant amount of surface water being funnelled into the void.”

The latest letter concludes: “We advise the applicant that, in addition to planning permission, it is their responsibility to ensure they secure all other permits/consents/licences relevant to their development.”

A spokesperson for Merthyr council said: “Information required to determine the application is still being delivered to the council by Merthyr (South Wales) Ltd. Once the information has been received the planning department will need to consider all the information before it.

“Any planning application will be determined on its own individual merits.

“All material factors from a planning perspective will be taken into account when determining the application.

“The council’s powers in relation to non-compliance within a planning application are laid out within the Town and Country Planning Act 1990, as amended.”