avaleht | keskkonnaministeerium - report · 2018. 7. 4. · summary sweco drottningtorget...

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REPORT

E.ON WIND SWEDEN AB Södra Midsjöbanken APPLICATION FOR PERMIT ACCORDING TO THE SWEDISH EXCLUSIVE ECONOMIC ZONE ACT (1992:1140) FOR THE INSTALLATION AND OPERATION OF AN OFFSHORE WINDFARM ON SÖDRA MIDSJÖBANKEN RESPONDING TO COMMENTS MADE UNDER REFERRAL OF AMENDMENT II, ENVIRONMENT AND ENERGY MINISTRY LETTER M2012 / 00714 / EM AND SUMMARY OF CONSULTATIONS REGARDING CHANGE OF DESIGN OF WINDFARM WITH REGARD TO OVERWINTERING BIRDS

2016-05-31

SWECO CIVIL PAVEL SENSKY MARTIN LJUNGSTRÖM

Sweco Drottningtorget 14 Box 286 SE 201 22 Malmö, Sverige Telefon +46 (0)040167000 Fax www.sweco.se

Sweco Civil AB Org.nr 556507-0868 Styrelsens säte: Stockholm

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Summary E.ON wind has received comments on "AMENDMENT II OF THE APPLICATION" for the construction of a windfarm, etc. under the Act on Sweden's economic zone (SEZ) and under the Continental Shelf Act (KSL). Several of the bodies consulted have had comments linked to wintering birds, mainly long-tailed duck, as well as the SAMABAH projects recent identification of calving and breeding areas. Porpoises have protection under the Habitats Directive and the overwintering long-tailed duck population exhibits a worrying downward trend. The County Administrative Boards are working on extensions to Natura 2000 protected areas in neighboring Hoburgs Bank and Norra Midsjöbanken to include Södra Midsjöbanken and the intermediate waters into a very large coherent Natura 2000 area.

Comments regarding the porpoises are, essentially, that the porpoise is sound sensitive and Södra Midsjöbanken is part of a very important area for the porpoises calving and mating in summer. Restrictions on noise levels for noisy works and seasonal restrictions on construction work constitutes precautions referral bodies want included as conditions with regards to the porpoises. Swedish Agency for Marine and Water Management (HAV) agree with E.ON's conclusion that the porpoise can coexist with the windfarm during the operational period, based on amongst other, evidence from Danish windfarms. The problem of disturbance of porpoises is thus limited, to the construction period which is limited and can also be managed with restrictions on noisy operations.

For long-tailed duck, the problem is not limited to the construction period, but based on the fact that the monitoring of Danish windfarms have shown that long-tailed ducks to a large extent avoid staying in windfarms. Avoidance effects in the order of 90% have been reported. This means that windfarms located in important wintering areas for long-tailed ducks causes habitat loss.

Consultation comments have also been expressed regarding fish and fisheries, and bats.

A large number of authorities have expressed views or specific suggestions on design conditions. E.ON believes that most of the comments can be handled within the framework or with minor adjustments to already proposed conditions.

In one respect, E.ON made a significant change to the project, namely the halving of the park's surface with an increase in plant height, spacing and power. E.ON believes, with some support from some instances in the consultation report, that these changes reduce habitat loss for long-tailed ducks. With these tangible precautions E.ON believes that the long-tailed ducks wintering area will not decrease to such an extent that it will have significant negative effects on the long-tailed duck, neither at the population level nor on its or state of conservation.

REPORT 2016-05-31 SÖDRA MIDSJÖBANKEN

L g:\projects\se-ma\offshore projects\sweden\2. development\södra midsjöbanken\2. permits\tillstånd enl sveriges ekonomiska zon\7 esbo översättningar\översättning nov 2016\final\smb consultation support document _2016 05 31_ml (6).docx

Table of content

1 Introduction 1 1.1 Background 1 1.2 Purpose 1 1.3 Reading Guide 2

2 Responding to comments in certain respects 3 2.1 Porpoises 3 2.2 Wintering Birds 7 2.3 Bats 11 2.4 Fish & Fishing 12

3 Responses per organization 16 3.1 Defence Force 16 3.2 National Defence Radio Establishment (Försvarets Radioanstalt - FRA) 16 3.3 The Swedish Civil Contingencies Agency (Myndigheten för samhällsskydd och beredskap - MSB)

16 3.4 The Coast Guard 17 3.5 The National Board of Health and Welfare (Socialstyrelsen) 18 3.6 The Legal, Financial and Administrative Services Agency (Kammarkollegiet) 18 3.7 The County Administrative Board of Blekinge 18 3.8 The County Administrative Board of Kalmar 21 3.9 The County Administrative Board of Gotland 22 3.10 National Heritage Board 23 3.11 National Maritime Museums 23 3.12 Swedish Environmental Protection Agency (SEPA) 23 3.13 Swedish Agency for Marine and Water Management, (SwAM) 24 3.14 Swedish Geotechnical Institute (SGI) 26 3.15 The Swedish Maritime Administration (SMA) 26 3.16 Transport Agency 27 3.17 Mörbylånga Municipality 28 3.18 County Council of Gotland 28 3.19 Swedish Ornithological Society 29 3.20 Wildfowl and Wetlands Trust 29 3.21 Kjell Larsson 29

4 Times available for the park's construction according to the wishes of the referral bodies 30

4.1 Received Statements 30 4.2 Response 31


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4.3 Monitoring program 32

5 Windfarms design and implementation 33 5.1 New Design 33 5.2 Implementation 37 5.3 Consultation Reports new layout 38

Appendices Sweco's report 2016-03-16, Consultation paper on the proposed amendment of the wind turbine's total height (Also appendix 2 to Consultation response document)

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1 Introduction

1.1 Background

E.ON forwarded to the Government in February 2012 applications for permits under The Swedish Exclusive Economic Zone Act (SEZ) for the construction and operation of an offshore windfarm for wind power on Södra Midsjöbanken and under the Continental Shelf Act (KSL) for the laying of submarine cables, etc. on the continental shelf outside the territorial waters adjacent to the windfarm. Following the comments after the first consultation round the application has been supplemented with documents at the beginning of September 2012.

An important factor that guided the design of both the windfarm and associated subsea cables was the possibility that the plant would be connected to the planned NordBalt link between Sweden (Svenska Kraftnät) and Lithuania (LitGrid). In September 2012 Svenska Kraftnät1 confirmed that the connection to NordBalt was not possible. Instead they recommended that a windfarm on Södra Midsjöbanken should be connected directly to the Swedish or Lithuanian network. For this reason, E.ON stopped processing the above mentioned supplement and took out an additional supplement dated 20 December 2013 that was termed "SUPPLEMENT II OF THE APPLICATION".

The addition included a memo that was intended to be read together with the original technical description and the environmental impact statement. This memo included the following:

1) Adjusted technical description on account of changes in the project compared to the original application, including accounting for a possible land connection to the national grid in Nybro.

2) Supplement to the Environmental Impact Assessment (EIA) due to the referral respondents' opinions on the initial application (replaces previously submitted but upon E.ON's request not further processed completion of the EIA dated September 5, 2012).

3) Checking and in some cases adjusting the EIA due partly to changes in the project and partly due to new information obtained after the initial application.

1.2 Purpose

Referral of the application for permit under the SEZ – Supplement II 1.2.1

This document discloses both E.ON's treatment of the referral of the "COMPLEMENTARY II OF THE APPLICATION", and an account of a complementary consultation. The additional consultation was prompted by a major change in the project. The change, a halving of the windfarm area, is a precaution in view of the Södra 1 Svenska Kraftnät , the Swedish Transmission System Operator (TSO). The authority responsible for ensuring that Sweden's transmission system for electricity is safe, environmentally sound and cost-effective – today and in the future.

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Midsjöbankens importance as a wintering site for the declining long-tailed duck population.

This report does not include E.ON's treatment of the opinions of Svenska Kraftnät and the Swedish Energy Agency. They are treated directly in the permit application (Mannheimer Swartling's letter).

1.3 Reading Guide

Referral 1.3.1

Comments regarding the effect on porpoises, birds, bats, fish and fishing have been made in a number of referral responses. These responses are treated together, by subject in Chapter 2. Other responses are treated per organization in Chapter 3, in the order specified in the Environment and Energy Department's notification.

Additional Consultations 1.3.2

The additional consultations are reported in the consultation report in section 5.3.

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2 Responding to comments in certain respects

2.1 Porpoises

Submitted statements 2.1.1

Swedish Environmental Protection Agency (SEPA)

According to the Environmental Protection Agency there is no explanation, with background to the survey results of the SAMBAH project, for the impact on porpoises during the construction phase. SEPA states that SAMBAH shows that Norra and Södra Midsjöbankarna are particularly important for porpoises in the southern Baltic, and most likely also are reproduction areas.

SEPA also refers to where the European Commission has pointed out; that Sweden has not adequately designated Natura 2000 sites to protect the porpoise in the Baltic Sea, that the harbor porpoise in the Baltic is critically endangered, and that the lack of knowledge previously suggested as an argument for areas not identified, is now available.

SEPA states that the company must demonstrate that no adverse effect will occur on porpoises in the area during the construction phase. SEPA considers that the construction work must not be performed during the porpoises reproduction period, and that precautions must be taken to prevent other noise impact on porpoises.

Swedish Agency for Marine and Water Management, (SwAM)

SwAM states that the harbor porpoise is included in the EU Habitat Directive, Annex IV, which means that the species requires strict protection. The protection is introduced in the Species Protection Ordinance (2007: 845) which SwAM views as a clarification of Chapter 2 of the Environmental Code, which in turn should be applied in approval according to SEZ. SwAM further points out that the species is protected and that it is prohibited to damage or destroy the animals breeding sites or resting places. It also refers to international conventions (HELCOM, ASCOBANS, Bern Convention, Bonn Convention) expressing a need for protection.

SwAM argues that the Baltic Sea population is genetically distinct from the larger populations in the Great Belt, Little Belt and the North Sea, and that it has reduced drastically because of bycatch and environmental pollutants and is critically endangered. New knowledge according SAMBAH is that porpoises accumulate specifically in the area on and between banks in the central Baltic (Hoburgs Bank, Norra and Södra Midsjöbanken).

SwAM argues that summer is the time when the porpoise is the most susceptible to interference because it calves in June-July and mates in August. Therefore, Södra Midsjöbanken should be considered a very important area for the critically endangered Baltic harbor porpoise population in particular during the summer months.


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After the above cited review of the harbor porpoise’s protection status and the state of knowledge regarding the status of the porpoises at Södra Midsjöbanken the SwAM went on to analyse the environmental impact of the construction period in relation to the porpoise’s sensitivity to sound. It notes that the application documents do not exclude the possibility of pile foundations. It also lacks detailed proposals on safeguard measures in the form of the highest allowed noise levels and time constraints.

SwAM considers that it is pile foundations and seismic measurement methods that could pose a risk for porpoises and therefore wants time and noise regulatory restrictions on such work.

SwAM also states that when the plant is in operation, there is no reason to fear any negative impact on the porpoise. The overall experience from monitoring in Denmark, Holland, Belgium, Germany and the UK shows that porpoises occur in natural abundance within wind power farms. Under certain conditions it seems porpoises even benefit from the conditions. At Södra Midsjöbanken it is unlikely that the increased food availability around the wind power foundations would be of any great significance to the porpoises, however, it may be assumed that the fishing restrictions within the windfarm would result in a reduced catch of porpoises, compared with the current situation.

In summary the SwAM suggests, in the event that the government allows permission on the existing data, neither pile driving, seismic geological surveys nor blasting may be conducted between April 1 to December 15. At other times pile driving and blasting may take place only in exceptional cases and with approval from the supervisory authority. SwAM also proposes that no construction works whatsoever may be carried out during the calving period 1 June to 15 July.

In those exceptional cases of pile driving or blasting during winter, according to SwAM, acoustic deterrent devices must be used to remove porpoises from the neighbouring area where physical damage may occur. During piling and similar work the noise levels of SEL 160 dB re 1 μgPa2s or SPLpp 190 dB re 1 μgPa at 750 m distance from the sound source must not be exceeded (Noise levels originating from German limits on piling in the North Sea, the ASCOBANS AC21 / Inf.3.2 .2.a).

Mörbylånga Municipality

New contact should be taken with SAMBAH to obtain the latest result of registered porpoises in the Baltic Sea. The administration agrees with the proposed precautions to noisy work begins with a gradual escalation so that porpoises present have the opportunity to move out of danger.

The Legal, Financial and Administrative Services Agency (Kammarkollegiet) Kammarkollegiet cites SAMBAH's results and e-mail from Julia Carlström and AquaBiota 2014: 06 "Impact of Kattegat Offshore on porpoises." Kammarkollegiet believes that further investigation is necessary and that the government should obtain expert opinion.

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Responses 2.1.2

SEPA, SwAM, Mörbylånga Municipality, Kammarkollegiet

SAMBAH - Static Acoustic Monitoring of the Baltic Sea Harbour Porpoise - is an international project involving all EU countries around the Baltic Sea. The project aims to increase knowledge of the harbor porpoise's status in the Baltic Sea with the aim of preserving the Baltic Sea Harbor Porpoise population.

E.ON during the development of the EIA has been aware of the SAMBAH project and as far as possible oriented itself towards its preliminary results through direct contacts with Julia Carlström, project manager and Mats Amundin, project coordinator. SAMBAH project results at the end of 2015 and beginning of 2016 started to become available through various types of reports 2, 3, 4. Scientific publishing of SAMBAH results in peer-reviewed journals is in progress according to the project's website in April 2016.

SAMBAH has identified an important area of the Baltic Sea Harbor Porpoise's summertime calving and mating in the area on and around the Midsjöbank’s and Hoburgs Bank (Figure 2 1). It should be emphasized that E.ON does not intend to utilise Hoburgs Bank, Norra Midsjöbanken or areas between banks.

E.ON intends to take action and assume restrictions to minimize disruption of harbor porpoises (see proposed precautions).

E.ON has before this application informed itself of the investigations, assessments and the monitoring taken by the Danish windfarms at Nysted including (Rödsand) and outside the Horns Rev (Blåvandshuk outside Esbjerg). E.ON has taken as the basis for their assessments that loud noise can be disruptive and harmful to porpoises but also that porpoises return to the windfarm areas (as also SwAM notes) during operating hours and also during the construction period within hours after piling works (Horns Rev).

2 Forskning & Framsteg nr 10 (2015) 38-44 3 Heard but not seen, SAMBAH Non-technical report Static Acoustic Monitoring of the Baltic Harbour porpoise, LIFE08 NAT/S/000261 4 Carlström, J & Carlén, I. 2015. Skyddsvärda områden för tumlare i svenska vatten. Aqua Biota Report 2015:02. 88 sid.


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Figur 2-1 Porpoise distribution in August according to the SAMBAH project in terms of probability of detecting porpoises location sound in the month of August. Results and pictures from "Heard but not seen, SAMBAH Non-Technical Report Static Acoustic Monitoring of the Baltic Harbour Porpoise, LIFE08 NAT / S / 000261". NOTE! The image is cropped. The original also shows the results for February.

The conclusion is that porpoises can coexist with windfarms during the operating period and that they can cope with temporary disturbances by escaping and returning behaviour.

E.ON realises the importance of protecting porpoises from excessive noise impacts that can be distracting and at worst harmful. E.ON considers however that SwAM´s requirements that seismic measurements, pile driving and blasting may not occur during the period April 1 to December 15 constitute an unnecessarily strong time restriction if we add both restrictions regarding noise levels which require special noise reduction measures, and that such work may be done only in exceptional cases and after approval from the supervisory authority.

E.ON believes that noise reduction requirements are justified in that highly noisy methods should be applied only in exceptional cases and after approval from the supervisory authority. E.ON also considers it reasonable that seismic measurements, pile driving and blasting are completely prohibited during the calving period 1 June to 15 July.

Proposed precautions 2.1.3

Noisy seismic surveys, pile driving and blasting is not permitted during the period 1 June to 15 July. At other times the occasional noisy seismic surveys, pile driving or blasting can only occur with the approval of the supervisory authority. When piling or blasting an acoustic startle apparatus should be used to remove the porpoise from the neighbouring area where physical damage may occur. Effects of seismic surveys conducted with bursting charge will be mitigated for e.g. by covering the borehole.

The following guidelines are proposed to apply:

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• When pile driving and at similar works, technical solutions and choice of method should be used to produce as low sound emissions as possible from the sound source. Noise levels in the water shall not exceed the following values:

o SEL 160 dB re 1 μPa2 s with a distance of 750 meter from the sound source

o SPL peak-peak 190 dB re 1 μPa with a distance of 750 from the sound source.

Monitoring Programme 2.1.4

Sound measurements will be performed to verify that the target values are maintained.

The monitoring program focuses on passive recording of porpoises up to 20 km from the Södra Midsjöbanken with known C-POD technology. A network of C-PODs will be installed a year before the start of construction and monitored during construction and up to a year after the windfarm has been put into operation. The aim will be to observe the porpoise’s behaviour in relation to construction activities and to clarify the porpoise’s adaption to the windfarm in operation.

If the technology for real-time monitoring of porpoise’s is commercially available when the windfarm development is realized, it is proposed that the monitoring program, in cooperation with the relevant authorities and expertise, is amended to include real-time monitoring to better understand the porpoises immediate response to building site activities and thus enable any extended periods of time that can be made available for construction without endangering the porpoises. Such a feature of the monitoring program proposes coordination with research and development with the aim of contributing to efficient protection of the Baltic porpoise population.

In Denmark different values for noise applies, involving that a higher accumulated SEL than 160 dB re 1 μPa2 s at a distance of 750 meters from the sound source is accepted, in combination with porpoises and seals having been scared away so that they are out of the danger zone. If follow-up of Danish offshore wind power shows that this noise disturbance monitoring method system provides sufficient protection for porpoises when Södra Midsjöbankens monitoring programme is completed it is proposed that the above guideline be reconsidered and that conditions designed from the Danish experience will be applied instead.

2.2 Wintering Birds

Submitted Statements 2.2.1

Among the opinions received from stakeholders some oppose the proposed project due the project's impact on wintering birds. Their main arguments are summarised below:

Sveriges Ornitologiska Förening (BirdLife Sweden) In summary, BirdLife Sweden considers that the intended development is contrary to the requirement of appropriate location of Chapter 2, 6 § Environmental Code and that it therefore cannot be allowed. Södra Midsjöbanken is one of Eurasia's most important


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wintering areas for long-tailed ducks and must therefore be excluded from large-scale exploitation.

The association points out amongst others that Södra Midsjöbanken is singled out as an IBA area (Important Bird Area) according to BirdLife International's classification system for particularly valuable bird areas, that the impact of the windfarm development on the long-tailed duck has so far been limited but is assumed to be additive and the cumulative effects in future could be devastating as well as that long-tailed ducks appear to be one of the species most sensitive to windfarms and exhibits a high degree of avoidance behaviour, without adaption several years after establishment. Wildfowl & Wetlands Trust (WWT) They oppose the proposed project, the construction of 300 wind turbines on Södra Midsjöbanken. They are concerned regarding the project's impact on this "Important Bird Area" (IBA), including the impact the project could have on the internationally important number of wintering long-tailed ducks.

They believe that convincing evidence is required to demonstrate the use of Södra Midsjöbanken (including the birds' movements) within the proposed park area. This material will provide sufficient parameters for assessing the risk of collision and the birds use of the area in question.

Kjell Larsson, Scientist Kjell Larsson believes that the present environmental impact assessment concerning the effects on the globally endangered long-tailed duck stock is substandard and is based on guesswork. Kjell Larsson also believes that far fewer conflicts would arise between the construction of windfarm and the protection of the bird population if the park was placed in an area with greater water depths, between 25 and 40 m, for example, southwest of Södra Midsjöbanken in the Swedish EEZ. Kjell Larsson believes that there is a clear need to investigate the use and protection, i.e. that ocean planning, across the entire central Baltic Sea before taking a decision to develop wind power on Södra Midsjöbanken.

Kjell Larsson argues that the environmental impact assessment gives insufficient information on the black guillemot, a bird species that during the winter is assumed to a high degree live on benthic fish and crustaceans. Black guillemot is during the winter tied to the shallows more than other auks. Kjell Larsson points out that the lack of reliable estimates of the black guillemot's exploitation of Södra Midsjöbanken is caused by its small size and black plumage, making it difficult to inventory from aircraft.

Swedish Environmental Protection Agency (SEPA) The Agency notes amongst others the lack of proposals of a monitoring programme of birds and is of the opinion that construction must not be carried out from October 15 to April 15 for the sake of wintering birds, and that this will be stipulated in the terms and conditions for the project. Other

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A number of stakeholders (SEPA and the municipality of Mörbylånga) wishes that the monitoring programme carried out by the project will highlight the impact of the development on the long tailed duck.

Response 2.2.2

The main point of concern regarding the long-tailed duck is made up of experiences from the Danish projects showing that long-tailed ducks, and a few other bird species largely avoids windfarms during the operating period. The great emphasis that has been given to long-tailed ducks is due to the large relative importance that offshore banks have for the wintering population in the Baltic Sea.

The prevailing view is that any impact on the wintering birds, especially the long-tailed duck should be avoided or at least minimized, during construction of a windfarm in Södra Midsjöbanken.

The long-tailed duck’s main food during the winter is mussels that the long-tailed duck catch by diving down to the bottom at water depths between 10 and 30 m. According to the experts conflict arises between windfarms and wintering bird populations on offshore shallows that are shallower than 25 meters.

A large-scale deployment of wind energy requires that this takes place offshore in areas with limited water depth.

Södra Midsjöbanken is designated an area of national interest for windfarms since 2008. This was also confirmed in connection with the Swedish Energy Agency's updating of areas of national interest for windfarms under the authority's decision on December 16, 2013. The criteria that have been the basis for the decision include:

• Wind Conditions; average annual wind 100 meters above ground more than 8 m / s • The area's size; area should be greater than 15 km2 • Water depth not exceeding 35 m

Södra Midsjöbanken fulfils the criteria mentioned.

The project requires that the park is built in areas with limited water depth on account of project economics.

The wintering population of long-tailed ducks in the Baltic Sea is estimated to have declined from more than 4 million to just under 1.5 million individuals between 1993 and 20095. The cause of the reduction is not clear. In previous documents Sweco performed an estimate of displacement effects that are reproduced below:

• In the Baltic Sea, you can find the highest densities and the largest number of wintering long-tailed ducks in the Södra and Norra Midsjöbanken, Hoburgs Bank and Lawica Slupska and in the coastal areas of the Pomeranian Gulf, Gulf of Riga and

5 Nordiska ministerrådet (2011) Waterbird Populations and Pressures in the Baltic Sea (TemaNord 2011:550)


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Irbe Strait. In large parts of these areas, including Södra Midsjöbanken the density is estimated to > 75 individuals per square kilometre.

• A result from the windfarm Nysted shows that the frequency of long-tailed duck sightings in the park (before compared with after commissioning) decreased by approximately 90% compared to before the park's construction. If the experience of the Danish parks Nysted and Horns Rev, that the long-tailed ducks avoid the windfarm area during the operational phase, is also applicable to Södra Midsjöbanken, it may mean that roughly about 24 000 individuals (0.9 x 350 km2 x 75 individuals / km2 = 23,625 individuals) become displaced (avoids the area), corresponding to approximately 1.6% of the wintering population in the Baltic Sea.

In view of the respondents' comments, E.ON has chosen with regard to the risk of impact on the wintering long-tailed ducks to reduce the park's area by about 50% to about 160 km2. If the experience of the Danish parks Nysted and Horns Rev, the long-tailed ducks avoid the windfarm area during the operational phase, is also applicable to Södra Midsjöbanken, it may mean that roughly about 11 000 individuals (0.9 x 160 km2 x 75 individuals / km2 ≈ 10 800 individuals) become misplaced (avoids the area), corresponding to approximately 0.7% of the wintering population in the Baltic Sea.

Suggested precautions 2.2.3

To limit the impact on the long-tailed ducks during the operation of the windfarm, a significant reduction of the original windfarm area, almost 50%, is proposed. Further mitigation of the windfarm’s impact will be reached by avoiding establishment of foundations at a water depth of 18 m or less. The applicant withdraws the previous request related to the establishment of the windfarm at the eastern part of Södra Midsjöbanken. This reduces the impact on the bank’s shallow areas (Figure 5.1) and mitigates possible effects on the long-tailed ducks, see Chapter 5.

Furthermore, it is suggested that the construction traffic during the winter period of December through February will not pass the eastern part or adjacent parts of Södra Midsjöbanken.


An approved monitoring programme regarding wintering birds must exist 2.5 years before the start of construction. A monitoring program will be developed in cooperation with bird experts and relevant organizations and authorities. The control program must be approved by the supervisory authority. The monitoring program will be aimed at increasing knowledge about wintering bird behaviour generally associated with the construction and operation of a windfarm on an outer sea bank area. The programme's main focus should be the long-tailed duck, and the extent to which its avoidance behaviour that has been demonstrated in windfarms in Danish waters can also be generalized to apply to Södra Midsjöbanken windfarm. The park is planned to have a much greater distance between individual windfarms than the Danish parks and includes an area of high attractiveness to long-tailed duck. The program will include other species

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to which Midsjöbankarna can be expected to be especially significant for, mainly auks, guillemots, black guillemots and razorbills.

The monitoring program with continuous reporting should cover the period of 2 years prior to the start of construction, during construction and two years after completion of construction. The monitoring program should include observations on Norra Midsjöbanken.

2.3 Bats


Submitted statements include the following comments regarding the possible impact on bats. Swedish Environmental Protection Agency (SEPA)

SEPA believes that permission for the requested activities cannot be provided, among others, due to the lack of proposals on the monitoring program for bats.

It is believed that inventory documentation from the previously completed study is not sufficient for an adequate risk assessment. To get a better idea of the risks requires an expanded inventory and a monitoring program that will lead to assessment of the effects on bats. It is considered that said surveys should be implemented during both spring and fall migrations before the establishment of the windfarm.

It considers that the risk for bats to collide with wind turbines can be reduced significantly by plants shutting down during certain periods; namely at night and only at limited times of the year.

SEPA believes that the following commitments shall be prescribed in the conditions:

• The effects on bats will be followed up as part of a monitoring program.

• Stop the wind turbines at certain temperatures and wind conditions during bat migration period.

The County Administrative Board Gotland (Länsstyrelsen Gotlands län)

County Board notes regarding bats that the inventory that was made during the autumn of 2012 did not include the month of August, when a large part of the migration is expected to take place. This is considered to imply that the number of migrant bats at the Södra Midsjöbanken has been underestimated and therefore the total mortality. The County Board lacks deeper analyses of risks to bats or suggestions on possible protective measures.

Mörbylånga Municipality, Environment and planning administration

It is believed that inventory evidence is insufficient for a safe risk assessment. The administration is in favour of a monitoring programme established to follow up the effects. To enable a comparison with the zero option in the monitoring program it is considered


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that investigations should be carried out during both spring and fall migration before the establishment of the windfarm. It further considers that if the great activity of bats were identified, risk mitigation measures in the form of stop controls are taken,

Response 2.3.2

The results from an automatic registration of bats that was carried out between September 2012 and January 2013 on the wind measurement platform that E.ON established in the area confirmed that bats are present in Södra Midsjöbanken though to a limited extent. The measurement revealed only a few individuals. The registration of bat numbers did not cover the whole migration season due to technical issues.

E.ON shares the Environmental Protection Agency's view that the effects on bats needs to be followed up within the framework of the project's monitoring program with the goal to identify the possible need for precautions.

Suggested precautions 2.3.3

Under the monitoring program, no later than 2 years before the start of construction, E.ON carries out registration of bats passing Södra Midsjöbanken. Measurements be performed both during the spring and fall migrations. The results from completed measurements can lead to demands for supplementing the park's northern and southern borders, so that each are equipped for detecting bats.


The monitoring program should be designed so that the bat registration starts two years before the start of construction, continues during the construction phase and ends two years after the park becomes operational. Recorded data is evaluated in consultation with experts and the supervisory authority with the aim to identify seasonal and weather dependent relationship with bat movement patterns, which in turn can be used to define the circumstances when the park might be taken out of service at night to minimize mortality during the migration period. Outages in order to avoid mortality of bats should be weighed against the project economics and is limited to the cost of equivalent environmental benefit in terms of survival of bats. It should be noted that an accumulated downtime of about 48 hours means that the park's availability is reduced by about half a percent. This should be related to the total acceptable operating loss of approximately 3 percent.

2.4 Fish & Fishing


County Administrative Board of Gotland

County Administrative Board of Gotland stresses that it is important to evaluate the impact of the activity on the ecosystem and the existing species and to try to adjust operations to minimize adverse impacts to the greatest possible extent. It further argues

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that it is important to position the construction phase carried out in such manner and at such time that the impact on the fish reproduction and growth is as small as possible. County Administrative Board of Gotland believes that it is important to highlight that the significance of outer sea banks as spawning and nursery areas during different seasons are in many cases are not documented.

The area is used extensively for fishing and is of great importance especially for small-scale commercial fisheries. Restrictions on fishing may have negative effects on small-scale fisheries.


SwAM means that the data on elevated sediment levels reported in the application did not give rise to fears of serious damage. Although any eggs of herring and turbot would be damaged, the affected areas are small. In contrast, says SwAM, that piling noise during the herring spawning period (April-June) could cause significant damage.

Regarding migratory fish such as salmon and eel states SwAM that they cannot be expected to be disturbed by the construction work. However, power cables, by causing magnetic fields, to some extent could affect eel migration says SwAM. Power cords pose no obstacles to migration, says SwAM but they cause a brief delay that cumulatively with other cables along the eel's migration trail can have an effect. SwAM points at various cable technology opportunities for shore connection to reduce the eel exposure to magnetic fields, namely, burial and collocation of conductors and return conductors.

SwAM further notes that fishing is conducted in and especially around Södra Midsjöbanken. They believe that for the Swedish part the consequences are limited in that this fishery is small and located far from the coast. SwAM support the applicant's proposal to compensate the fishermen.

County Council of Gotland

County Council of Gotland argues that the park does not involve any conflict with Gotlandic interests unless the park has a detrimental effect on fish and / or the bird life around or on Gotland. It is expected that this will be addressed in the EIA. It should be noted that previously submitted referrals to the EIA highlights amongst others the impact on fish, fishing and bird life.

Swedish Fishermen's Federation (SFR)

SFR believes that the permit should not be granted. The reason given is that the area is an important spawning area for the turbot preferably, herring and sprat. Adjacent areas are spawning areas for cod. Furthermore, conducted in the area is an important fishery primarily with passive gear. SFR believes that the park represents a habitat loss that has a negative impact on fish and fisheries. In the event that permission is given, piling should not be allowed between April-June according to SFR.

SFR also take up the problem with migrating eels.


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SFR argue that the fishermen should be able to continue fishing with static gear, and that the area should be preserved as an important spawning area. Finally, the SFR in the case where the permit is given, the SFR argues that E.ON shall compensate the actual harm fishermen suffer.

Swedish Fishermen Economic Association (SYEF)

SYEF want the permit conditions to include that E.ON financially compensates each of SYEFs members for the period windfarm prevents fishing during the fisherman's future operating time.

Response 2.4.2

County Administrative Board of Gotland

E.ON has in the EIA illuminated the outer sea banks importance for fish and fishing adequately and assessed the risk of a negative impact on fish reproduction as small, which is also confirmed by SwAM 's opinion. The installation phase will be conditional with timing restrictions concerning both noisy jobs, mainly regarding porpoises, and turbidity which E.ON deems sufficient for protecting the affected fishes reproduction.

E.ON has taken into account the impact on fishing in section (see Section 2.4.3).


The authority takes up a negative effect, namely the risk of damage due to noise on herring during spawning April-June. Spawning season for the herring coincides largely with the period that restrictions on noisy works will still apply with regards to porpoises that is why no further restrictions are proposed for this reason.

The SwAM and SFR raise concerns that the migration routes (eel) will be affected by the cables is not really an issue for this application, but instead for a future license application for the shore connection. The AC cables within the park do not generate a static magnetic field that interferes with the earth's magnetic field, the latter of which is important for certain organisms orientation.

E.ON informs that the landfall will use DC power technology that minimizes the magnetic field. This will minimize disturbance of navigation capabilities.

County Council of Gotland

The applicant informs that an environmental impact assessment for the planned project has been submitted with the permit application. The environmental impact assessment has been complemented in 2013.

The projects earlier submitted and referred EIA highlights amongst other things the impact on fish and fishing and bird life with reasoned assessments that the project with its proposed and conditional precautions should not affect those interests, on or around Gotland, negatively.

Swedish Fishermen's Federation (SFR)

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The area will continue to serve as spawning and nursery area for e.g , turbot, herring and sprat. Possible spawning cod in the adjacent areas are not adversely affected by the project. E.ON believes that the project does not involve such habitat losses as SFR states.

Spawning season for herring, April-June, coincides largely with the period that restrictions on noisy works will still apply with regards to porpoises that is why no further restrictions are proposed for this reason.

Regarding the problem of migrating eels, see the response to SwAM above. Swedish Fishermen’s Economic Association (SYEF)

E.ON has taken into account the impact on fishing in section (see Section 2.4.3).

Suggested Precautions 2.4.3

The same restrictions for noisy works specified for porpoises is deemed adequate to minimize disruption of herring.

Reasonable compensation will be paid to fishermen who can prove loss of income due to loss of fishing opportunities in the Södra Midsjöbanken.


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3 Responses per organization

3.1 Defence Force

Received opinion 3.1.1

Armed Forces informs that there are remains of mines from the Second World War, north of the planned windfarm area. It believes that individual mines may have cut loose from the dump area to later fall in the north of the project area.

Part of the planned cable route involves a naval base training area. The Armed Forces should be offered consultations on the project when the marine cable laying starts, which could affect naval base exercises.

Armed Forces note that consultations are under way between E.ON and the National Defence Radio Establishment (FRA). Armed Forces wish that FRA's interests to be taken into account and have no further comment on the parks establishment.

Response 3.1.2

The possible presence of mines in the project area will be considered in the upcoming field work, geotechnical soil surveys, ground mapping, etc. and during the construction phase. Consultation will take place with the Armed Forces before the start of the project.

3.2 National Defence Radio Establishment (Försvarets Radioanstalt - FRA)

Received opinion 3.2.1

FRA endorses a wind power on Södra Midsjöbanken subject to the FRA being compensated for any disruption that may be caused by the planned windfarm.

Response 3.2.2

The applicant will accept the FRA's claim for compensation after this claim has been specified to account the park's final design and for the system that will be installed at the time of the park's construction.

3.3 The Swedish Civil Contingencies Agency (Myndigheten för samhällsskydd och beredskap - MSB)

Received Statement 3.3.1

MSB proposes that the permit be conditional on the requirement that the applicant should clarify how the security and emergency response should be solved with regards to the rescue of injured inside a wind turbine or in connection with this. The clarification should be complemented by the reporting of accident prevention and prevention measures to be taken and how the fire protection issues are handled.

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In the original application it was proposed that the MSB will participate in the consultation for the plan to be drawn up regarding procedures to avoid close-quarters situations between the Coast Guard and the air company helicopter traffic. MSB believes that consultations should primarily be done by the agency or agencies responsible for air safety matters.

Response 3.3.2

The applicant has complemented the application according to MSB's wishes.

Consultation regarding procedures for helicopter traffic to and from the project area will be held by E.ON with both the Coast Guard and Transport Agency.


Before the start of construction established routine for security and emergency response. The routine should include reporting of accident prevention and prevention actions, including the management of fire safety issues. The routine should be established in consultation with the MSB as well as with the authorities responsible for flight safety including Coast Guard.

3.4 The Coast Guard

Received Statements 3.4.1

The Coast Guard has no objection to the application but has some observations.

One wishes that the plan drawn up concerning helicopter traffic will be subject to consultation also with the Coast Guard.

The Coast Guard also considers that a permit for the proposed activity should be conditional that the Coast Guard be informed well in advance before work starts and ends, and provides ongoing information on the progress of the work, both from an environmental as from maritime traffic standpoint. The applicant should also be required to always contact the Coast Guard if oil or other harmful substances get into water, and when there is imminent danger of spills or other accidents.

Response 3.4.2

Coast Guard observations can be met by E.ON.


Information regarding the works start and termination shall be notified to the Coast Guard well in advance. The Coast Guard will in addition be informed continuously regarding the progress of the work, both from an environmental as well as from maritime traffic standpoint. The Coast Guard will be contacted in case of the spillage of oil or other harmful substances in the water and in imminent danger of spills or other accidents.


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3.5 The National Board of Health and Welfare (Socialstyrelsen) Socialstyrelsen has no comments on the consultation document.

3.6 The Legal, Financial and Administrative Services Agency (Kammarkollegiet)


Kammarkollegiet considers that the application needs to be supplemented with further investigation into the planned plant's potential impact on the porpoises and the possible protective and precautionary measures that can be taken. Kammarkollegiet believes that the government should acquire this investigation in the form of an expert opinion.

Response 3.6.2

Se section 3.1.2 on porpoises.

3.7 The County Administrative Board of Blekinge

Received statement and the applicant's comments 3.7.1

County Board assumes that those conditions which the company proposes to supplement the application dated 2012-09-05 are included in this application. County Board proposes a number of adjustments to the proposed conditions, as described below. Italics indicate the applicant's initial variant of the respective conditions. Regarding some of the County Administrative formulations, the applicant has left comments and / or suggestions for changes.

1. Unless otherwise stated in the conditions below, the laying of submarine cables and dredging works for the foundation should be carried out in substantial conformity with what the final E.ON commitment in the application and the case in general. Minor changes to the execution may take place if; it does not increase the average sediment spill in the windfarm, that it does not increase the permanent intrusion of installations, and there is no harm to public or private interests.

County Board suggests that the condition is given the following design:

Unless otherwise stated in the conditions below, the laying of submarine cables and dredging works for the foundation carried out in substantial conformity with what the company finally has committed to in the application and the case in general. Minor changes to the execution may take place after consultation with the supervisory authority, if it does not increase the average sediment spill in the windfarm, does not increase the permanent intrusion that the installations entail and that it does not harm public or private interests.

3. Working in the water shall be carried out in a way that minimizes the turbidity.

County Board suggests that the condition is given the following design:

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The licensing authority leaves it to the supervisory authority to notify the conditions necessary to limit the nuisance and damage caused by dredging jobs. The company should, through an investigative study lasting at least one year before the planned work commences, give the supervisory authority concerned information on how, where and to what extent dredging jobs will take place, what precautions can be taken to limit the inconveniences and damages, costs and environmental impacts of measures, and which of the actions the company intends to take.

The applicant proposes that reporting to the supervisory authority is limited to information on how, where and to what extent dredging jobs will be done and the precautions to be taken to limit the inconvenience and damage.

4. Sediment spill during dredging may not exceed 5 per cent of the occupied volume. Raised loads should be re-used as coverage of submarine cables in the park.

The County Board suggests that the condition is given the following form:

Sediment spill during dredging may not exceed 5 per cent of the occupied volume or the total for the entire park a maximum of 10 000 m3 occupied tons per year for three years. Raised loads should be re-used as coverage of submarine cables in the park.

Under the original proposal, the park included up to 300 wind turbines. The Park's construction period was assessed due to its size to run for three years. The current proposal means that the park's construction may be carried out in a year. A two-year construction period cannot be excluded. It therefore proposes that the above condition is adjusted.

9. Sanitary wastewater generated during the construction phase should be disposed of and managed in an approved way set by the regulatory authority.

11. At workplaces, the option for the disposal of waste and residues should to be created.

The County Board proposes that conditions 9 and 11 be merged and replaced by the following:

The licensing authority leaves it to the supervisory authority to issue such additional conditions as are necessary regarding the handling of waste (excluding dredging spoils), process water, sanitary sewage and polluted stormwater generated during the construction, operation and decommissioning. The company should, as a condition, at least 1 year before the planned work commences, provide to the supervisory authority with a plan on how the above shall be handled, what precautions can be taken to limit the inconveniences and damages, costs and environmental impacts of the measures, and which of the actions the company intends to take.

The applicant points out that the conditions should apply to the different project phases 6 , construction, operation and decommissioning stage.

13. For the activities a monitoring program must exist covering the construction, operation and decommissioning. The monitoring program, to be drawn up in consultation with the

6 It should be noted that the business is divided into three stages, where the required conditions regarding the issues should be determined based on the information that will be available in connection with each stage, for example on working methods, type of equipment, type of wind turbines, etc.


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supervisory authority, should amongst other things, include a check of both the sea bed placement of cables and fixed installations of the windfarm impact on flora and fauna, including the so-called reef creating effects.


For the activities must be a monitoring program covering the construction, operation and decommissioning. The monitoring program, to be drawn up in consultation with the supervisory authority, should among other things, include a check of both the bottom placement of cables and fixed installations of the windfarm impacts on flora and fauna, including the so-called reef creating effects and the facility's impacts on birds and bats.

Monitoring program concerning the effects on birds and bats are handled in other parts of the present report, chap. 2.2.4 and 2.3.4.

14. At the closure of the operations, restoration measures are to be taken. The business shall be considered abandoned if no electricity is produced for a continuous period of one year. The regulatory authority may decide to what extent the group station installations including foundation should be removed and what other measures are required to restore the seabed to as close to original condition as possible. The operator shall provide security for the costs of demolition and recovery operations as well as for any necessary hydrographic surveys in connection with the closure of the business. Safety should be at 1.5 million SEK per installed wind turbine at the 2012 price level.

The County Board proposes that the applicant's condition 14 is replaced by the following two conditions:

14 a. Remedial actions shall be taken at the closure of all or part of the windfarm. Within one year from the production of electricity at the windfarm, or part of the windfarm has closed, the company shall submit to the supervisory authority a plan for the area, or the relevant parts of the area where the turbines are positioned to be restored. The supervisory authority may decide to what extent the group station installations including foundation should be removed and what other measures are required to restore the seabed to as close to original condition as possible, in a way that allows for a re-establishment of flora and fauna.

14 b. The operator shall provide security of 2.0 million SEK per wind turbine at the 2012 price level, for costs that may arise for demolition, remediation and restoration measures the operator can lead and for any hydrographic survey. The County Board believes that security should be set at least two months before the construction-work begins. The security shall be considered by the licensing authority before any part of the permit is utilised. The price level for 2012 should be calculated using the consumer price index.

An additional proposed condition of the completion of the application dated 2012-09-05 regarding turbidity: The planning of the excavation work should take into account the prevailing wind and current conditions to minimize the accumulation effects from multiple locations in the park area.


The planning of dredging works shall take into account the prevailing wind and flow conditions to minimize the accumulation effects from multiple locations in the park area.

Furthermore The County Board proposes two new conditions:

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A. Containers and turbine parts containing oil must be equipped with leakage protection that are designed in such a way that spillage or leakage cannot reach the sea.

B. The internal cable network, between the individual wind turbines, will consist of cable without lead sheathing.

Responses 3.7.2

The applicant accepts the County Administrative Board's proposal for revised terms, however, these should take into account the comments above (italics in the outer edge lines) and with the following exceptions:

• County Administrative Board's proposal to adjust condition 13 includes that the monitoring program will include the facility's impact on birds and bats. E.ON refers instead to the now proposed consideration measures regarding birds and bats (see section 2.2.3 & 2.3.3)

• The applicant points out that supplementary letter 2012-09-05 replaced by complementary II, dated 2013-12-20. The conditions the County Board is referring to regarding planning dredging works to minimize the accumulation effects is therefore no longer relevant.

• The applicant does not oppose the County Administrative Board´s two new terms, designated A and B.

• The County Administrative Board provides information relating to cultural heritage. The applicant referring to response of the National Heritage Board's opinion, Section 3.10.2 below.

3.8 The County Administrative Board of Kalmar


The County Board finds that E.ON's supplements contain the information requested.

The County Board mentions that it together with the County Administrative Board of Gotland County has granted funds to expand the knowledge of The Outer Banks as a basis for working with the marine area protection and marine planning.

The County Board welcomes the measures for noise mitigation proposed by the applicant, with reference to the potential impacts on porpoises. Furthermore The County Board offers to participate in the design of the monitoring program regarding the long-tailed duck.

Finally The County Board informs of the marine planning which is now implemented in Sweden. It also invokes responses from Kjell Larsson.

Response 3.8.2


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E.ON welcomes that the County Board is prepared to participate in the formation of the monitoring programme for the long tailed duck. Refer even to what has been brought up regarding the monitoring programme and precautionary measures in chapter 2.

3.9 The County Administrative Board of Gotland

Received Statement 3.9.1

The County Board considers that the condition can be provided on condition that the location, design and time of execution are adapted so that negative effects on the marine environment are minimized.

Furthermore explains The County Board of the environmental issues it considers of particular importance to the Baltic Sea as a whole and in particular, should be considered in a study, and in the development of monitoring programs, namely:

• Impact on seabirds. The establishment of the windfarm is likely to result in habitat loss for the long-tailed duck along with other species mentioned in the EIA.

• Impacts on porpoises. The County Board refers to previous reports prepared by AquaBiota for recommended protective measures.

• Impact on fish and fishing. Stated here is that the construction phase should be implemented in such manner and at such time that the impact on the fish reproduction and growth is as small as possible. Restrictions on fishing opportunities in the area may affect small-scale fisheries negatively.

• The impact on bats. The County Board considers that the application does not contain any deeper analysis of risks to bats or suggestions on possible protective measures.

• Cumulative effects of different intended operations around Södra Midsjöbanken.

Should the planned activities (extraction operations and wind energy) in the Polish economic zone be realised the environmental impact would be much greater than what is reported in the EIA.

Response 3.9.2

Regarding the impact on seabirds, porpoises and bats applicant refers to Chapter 2.

As regards the impact on fish, the applicant considers that this is sufficiently investigated and reported in the application (see sections 8.4 and 14.1 of the EIA and section 3.3.4 of Annex 2 to supplement II). See also this letter 2.4. Overall, the impact on fish stocks will be temporary during the construction phase, a conclusion confirmed by follow-ups from existing offshore windfarms. The impact on fish stocks will be monitored under the proposed monitoring program.

The consequences for commercial fishing have been reported in the EIA (sections 8.5 and 14.1) with associated supplement (Section 3.3.5). Proposals for compensation are listed in Section 2.4.3.

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Regarding cumulative effects, it is clear that the extent and timing of any expansion of windfarms and the pursuit of quarry operations on the Polish side of the EEZ are not known by E.ON. Potential cumulative effects with respect to future expansions in Polish waters cannot therefore be assessed by E.ON.

3.10 National Heritage Board


National Heritage Board reminds about the condition about ground mapping with respect to antiquities before detailed design proposed by the applicant (condition 12). The National Heritage Board also comments on the design of the studies.

Response 3.10.2

E.ON maintains proposed condition 12 and stands by its previously reported view that further investigations are not necessary to decide the permit issue.

E.ON does not oppose the National Heritage Board's proposal regarding the design of the studies, but believes that it is not appropriate already at this stage to decide in detail how the investigations will be carried out. E.ON would be pleased to consult with the National Heritage Board in planning the archaeological surveys.

3.11 National Maritime Museums


National Maritime Museums agrees with the National Heritage Board's views regarding how a study of ancient remains will be carried out.

Response 3.11.2

See the response to the opinion of the National Heritage Board.

3.12 Swedish Environmental Protection Agency (SEPA)


SEPA disapproves the permit on the grounds that, inter alia, no proposals on the monitoring of birds and bats. SEPA further reminds about the difficulty of constructing the park with regard to the SEPA and the SwAM requirements for periods of Works may not be executed.

SEPA believes that the following commitments shall be governed by the conditions:

1. The effects of wintering birds to be monitored under a monitoring program.

2. Construction work must not be carried out from October 15 to April 15 in the interests of wintering birds.

3. Construction work may not be performed during porpoise’s reproductive period.


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4. Precautions to prevent other noise impact on porpoises.

5. The effects on bats will be followed up as part of a monitoring program.

6. Suspension of the wind turbines at certain temperatures and wind conditions during the bat migration period.

7. Precautions to prevent the spread of sediments that can affect sensitive bottom habitats.

Response 3.12.2

Regarding the impact on porpoises, sea birds and bats, the applicant refers to the sections in Chapter 2. It is the applicant's view that those conditions in the EIA and those in the associated supplements provided statements regarding the impact on porpoises, sea birds and bats, combined with the proposed precautions in this document ensure that operations can be conducted without the risk of unacceptable impacts on the environment.

3.13 Swedish Agency for Marine and Water Management, (SwAM)


Marine and Water Authority believes that the license cannot be granted on the existing basis. For activities to be allowed the Authority considers that the applicant must complete the application with information showing that the detailed design and construction works can be done without risk of significant impact on the newly identified and critically endangered porpoise population.

In the event that the permission is granted, the Marine and Water Authority request the following conditions:

1. Detailed design using seismic methods may not be undertaken during the period April 1 to December 15.

2. Construction work may not be undertaken on the Södra Midsjöbanken during the period 1 June to 15 July.

3. Piling and blasting is not permitted during the period 1 April - 15 December. At other times pile driving or blasting may only happen in exceptional cases, with the consent of the supervisory authority. During single pile driving or blasting events during winter acoustic deterrent devices must be applied to remove porpoises from the neighbouring area where physical damage may occur. During piling and similar work may noise levels SEL 160 dB re 1 µPa2s or SPLpp 190 dB re 1 µPa at 750 m distance from the sound source not be exceeded.

4. DC cables for the Land fall must be laid at a sediment depth of at least 1 m. By the coast at depths shallower than 30 m the positive and negative cables should be placed in relation to each other in a way that minimizes the resulting magnetic fields.

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5. In connection with the foundations erosion protection should be built. Erosion protection should be designed in such a way that the natural rearrangement of the sediments in surrounding sand banks are not affected.

Other Comments:

• The applicant states in its application that any excess material which cannot be used to backfill will be deposited around the foundations. Marine and Water Authority wants to draw attention to the applicant that there can never be a question of disposal in the sea. The process can, however, be regarded as dumping, for which an exemption if so is required.

• In the event that the piling would be allowed during the time of the herring spawning (April-June), significant damage cannot be excluded. Herring are very sensitive to underwater noise.

• There is planned at least three large windfarms in the sea area of which two are in Swedish waters (Blekinge Offshore and Taggen in Hanöbukten) and one in the nearby Polish waters (Södra Midsjöbanken). Cumulative effects of various wind power projects should be considered.

Response 3.13.2

Regarding the impact on porpoises the applicant refers to Section 2.1. The EIA with associated supplements submitted statements regarding the impact on porpoises, along with the proposed precautions and monitoring, provides the necessary facts in question and ensures that activities can be run without the risk of damage to the harbor porpoise population in the Baltic Sea.

Proposed conditions are met as follows:

The applicant opposes the proposed conditions 1-3 and refers to the reporting of available times for the park's construction of Chapter 4 and associated proposals on precautions.

The issue of route selection and siting of future landlines and environmental impact of these is not included in the current application for a license under the Act (1992: 1140) on Sweden's economic zone (SEZ). Terms of Proposal 4 are not relevant for this application. Terms of Proposal 5 are accepted.

Responses to other comments:

• The applicant does not intend to dispose of any excess material. Excess material will be used only for filling of cable trenches.

• Regarding the available time for the park's construction, and including operations such as piling, see section 4, and from there the proposed conditions.

• Time schedules for the construction of the abovementioned wind power projects, and the extent of the Polish wind power project, is in the current situation unclear. This is why the cumulative effects of other, planned projects cannot be assessed at this time.


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3.14 Swedish Geotechnical Institute (SGI)


SGI points to an area in the Polish part of the Södra Midsjöbanken that has been identified as interesting for sand and gravel extraction and that such operations could affect the seabed adjacent to the windfarm. SGI does not believe that it is clear that a buffer zone of 500 meters is sufficient.

Response 3.14.2

The applicant considers that a buffer zone of 500 meters is sufficient. This distance has also been used by the Danish Energy Agency as a safety distance to the German and Swedish parts of Kriegers Flak for planned windfarms.

After the proposed adjustment of the park's layout it will be a minimum distance between the park’s wind turbines and the boundary of Sweden's economic zone with Polish waters of approximately 700 m.

3.15 The Swedish Maritime Administration (SMA)


SMA advises, because of the park's size and scope, that it is important to take into account the necessary measures to ensure that no conflicts arise from the point of view of maritime safety.

For further planning consultation should be carried out continuously with SMA concerning:

• risk analysis and mitigation measures (both during the construction period and also with the complete plant in operation)

• obstruction lights and markings for shipping

• the need for eventual demarcation of the waters

• information and information channels to shipping during the construction period

• documentation of complete plant for inclusion in navigational charts

Response 3.15.2

The applicant welcomes the proposed consultation.

Planned risk analysis, including the preparation of proposals for mitigation measures, is to be completed no later than two years before the start of construction.

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3.16 Transport Agency


The Transport Agency considers that the application´s associated risk analysis should be deepened in such a way that the risks, consequences and impact of the risk mitigation measures are quantified and clearly recognized.

A safety distance to established corridors with maritime traffic should be investigated with regard to the risks involved and other risk mitigation measures. Before determining the safety distance the Maritime Administration, the Transport Agency, Coast Guard and other relevant authorities should be given the opportunity to comment. No wind turbine should be established closer than the safety distance.

The applicant must ensure that the safety distance and other relevant information to shipping is reported in nautical publications and navigational charts.

Any radar interference should be thoroughly investigated by the construction according to the draft of measures identified in the risk analyses.

Layout of the turbines should be made taking into account the risks associated with collision of ships and interference effect on the ships Radar.

The cable connection to NordBalt should be placed and protected so that it is as little as possible affects vessel to emergency anchor.

Risks to marine traffic associated with the construction phase of the project should be identified and evaluated in more detail than what is stated in the application. An action plan should be developed in consultation with the maritime authorities. The area should be for example marked with maritime safety devices according to the Transport Agency instructions and information to the shipping industry needs to continually be given through Notices to Mariners.

The wind turbines should be marked for shipping under the Transport Agency's recommendations.

Response 3.16.2

A detailed risk analysis of the construction and operation phase will be conducted two years before construction starts. The risk analysis will include an action plan for the management of identified risks. The required safety distance to established paths with vessel traffic will be investigated in connection with the in-depth risk analysis.

Mapping of eventual radar interference, and establishing an action program will be made based on the aforementioned risk analysis.

Layout of wind turbines with regard to the risks associated with collision and interference effect on ship radars will be made in the planning phase.

Cable connection to NordBalt is no longer relevant, the cable connection according to the present application documents will be made to the Swedish mainland.

The park area will be marked with maritime safety devices according to the Transport Agency guidelines. Information on safety distance and other required information to shipping submitted through Notices to Mariners.


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The wind turbines will be marked according to TSFS 2013: 9 or equivalent, at the time according to applicable legislation.

3.17 Mörbylånga Municipality


Mörbylånga endorses the requested operation and its contribution of renewable electricity, but came with a number of comments. With regard to the consequences for porpoises, sea birds and bats the applicant refers to Sections 2.1, 2.2, and 2.3.

The modified alignment of the land-fall cable (instead of connecting to NordBalt) results in there being plans for two cable stretches from the area around Södra Midsjöbanken past Ölands western side, through the Kalmar strait, aiming at connecting in Nybro. The municipality asks for an assessment of the combined impact of these two projects.

Response 3.17.2

The question of the choice of route for a future land-fall cable and environmental impact of this is not included in the current application for a license under the Act (1992: 1140) on Sweden's economic zone (SEZ).

Alternative cable corridors which are reported in "Complementary II OF THE APPLICATION" is based on indications from the Swedish Grid Operator that the most favourable connection point is the substation in Nybro to which NordBalt is now connected. If the application is approved according to SEZ and the economics of the project are met, then the process of preparing a detailed pipeline route and the overall environmental impact of this will be handled in a coordinated permission process that includes The Swedish Continental Shelf Act, The Swedish Environmental Code and The Swedish Electricity Act.

3.18 County Council of Gotland


County Council of Gotland believes that the proposed windfarm will not involve any conflict with its interests unless the park is not in a detrimental way liable to affect fish and / or the bird life around or on Gotland. This is expected to be highlighted in the forthcoming environmental impact assessment.

Response 3.18.2

The planned windfarm is located at a great distance from Gotland and Gotland's municipal boundaries and is not expected to affect any interests in Gotland Municipality.

The applicant informs that an environmental impact assessment for the planned project has been submitted along with the permit application. The environmental impact assessment has been supplemented in 2013, and again through this submission.

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3.19 Swedish Ornithological Society Birdlife Sweden objects to the location in reference to the impact on seabirds, in particular the long-tailed duck. Regarding the impact on seabirds the applicant refers to the statements in section 2.1.

3.20 Wildfowl and Wetlands Trust Wildfowl and Wetlands Trust objects to the location in reference to the impact on seabirds. Regarding the impact on seabirds the applicant refers to the statements in section 2.1.

3.21 Kjell Larsson


Kjell Larsson objects to the location in reference to the impact on seabirds. Furthermore the construction of windfarms needs to be coordinated with the modification of shipping routes and protection of sensitive environments.

Response 3.21.2

Regarding the impact on seabirds the applicant refers to the statements in section 2.1.

The applicant notes that the issue of coordination between the decisions on the permit for windfarms, modification of shipping routes and protection of sensitive environments are beyond the applicant's ability to affect.


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4 Times available for the park's construction according to the wishes of the referral bodies This chapter summarizes the comments received regarding the time constraints for conducting field investigations and for plant construction.

4.1 Received Statements

Swedish Environmental Protection Agency (SEPA) 4.1.1

The Environmental Protection Agency considers that the conditions for the implementation of the project will include restrictions as follows:

• Construction work cannot be carried out from October 15 to April 15 for the sake of wintering birds

• Construction work cannot be performed during porpoises reproduction period; reproductive period falls during the period from March to August

Swedish Agency for Marine and Water Management (SwAM) 4.1.2

SwAM claims that, if the government allows permission on existing material, that at least the following conditions are prescribed:

• Detailed design using seismic methods may not be undertaken during the period April 1 to December 15

• Construction work cannot be undertaken on the Södra Midsjöbanken during the period June 1 - July 15

• Piling and blasting is not permitted during the period 1 April to 15 December

Swedish Fishermen's Federation (SFR) 4.1.3

SFR considers piling should not be allowed during the time of the herring spawning (April-June) in the case where the sought permission is granted.

Administrative Board Gotland 4.1.4

According to the Administrative Board, it is desirable that the construction phase is carried out in such manner and at such time that the impact on the fish reproduction and growth is as small as possible.

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The comments received with requirements of the construction-free times during the year are summarized in the figure below:

Figure 4-1 Summary of different referral parties requests regarding time restrictions on the construction of the windfarm

4.2 Response

The summary of Figure 4 1 indicates that provided the regulatory requirements the available installation time during the year would be limited to a 1.5-month period / year, which would completely exclude the possibility of building the facility in question.

Referring to comments received and limiting the impact on porpoises as well as the long-tailed duck and fish and with regards the timescale required for construction of the windfarm, we suggest that the building free time for disturbing underwater works is limited to:

• June - mid July, which cover the majority of porpoises reproduction period, and that;

• Construction traffic is suggested to be avoided during the winter, during December-February, through or adjacent to the eastern parts of Södra Midsjöbanken that will not be exploited.

Foundations for wind turbines are primarily on gravity foundations. Another type of foundation, e.g. monopile, cannot be excluded. Sufficient information to determine the method of foundation for each wind turbine will only be available after completion of detailed soil surveys.


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4.3 Monitoring program We propose that a monitoring program for current work taking into account the conditions will be established regarding construction-free periods established by E.ON and approved by the supervisory authority latest six months before the start of construction work.

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5 Windfarms design and implementation

5.1 New Design

With regards to provided views, particularly with regard to the long-tailed duck, it was proposed that the previously proposed windfarm on Södra Midsjöbanken be redesigned restricting the used area, and thus minimising the parks anticipated displacement of the long tailed duck away from attractive feeding areas. The habitat loss for the long-tailed duck is therefore limited significantly. The park will also be designed with a capacity to enable an acceptable investment in an offshore installation which means fewer but higher wind turbines with greater distance between themselves.

The new design is described in the report - the basis for consultations 2016-03-16 (attachment) and submitted for complementary consultation.

The new design, which is summarised below, constitutes 120 turbines, with a total height of 240 m and a spacing of approximately 1.2 km (Table 5 1). Table 5.1 The first proposed (t v), and the current park's design and characteristics. Description Scope 300

turbines with a maximum height

200 m

(original alternative)

Scope 120 turbines with a

maximum height

240 m

(New design - surface reduced

by 50%)

Number of Wind Turbines Generators (WTG) 300 120

Distance between turbines (ca m) 1000 1200

WTG installed power 7 7 MW 8-12 MW

Estimated total installed power of the park, MW

2100 ca 1000

Dredging period, days 450 200

Volume of dredged material, m3 600 000 300 000

Utilised seafloor area, m2 540 000 235 000

Water depth, ca 14 - 30 18 – 30

7 The maximum power output of future wind turbines are expected to increase in the coming years compared to the output of the turbines installed today


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Description Scope 300 turbines with a

maximum height

200 m

(original alternative)

Scope 120 turbines with a

maximum height

240 m

(New design - surface reduced

by 50%)

Park area, km2, exclusive buffer zone 325 160

Percentage of the total surface with a depth ≤ 30 m) on the Södra Midsjöbanken, Norra Midsjöbanken and Hoburgs Bank occupied in connection with the proposed expansion, see Figure 5 -2

ca 12 %

< 6 %

Percentage of the total surface with a depth ≤ 25 m) on the Södra Midsjöbanken, Norra Midsjöbanken and Hoburgs Bank occupied in connection with the proposed expansion, see Figure 5 -2

ca 18 %

ca 9 %

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Figure 5 1 Södra Midsjöbanken, new park area, water depth and previously proposed area (gray demarcation)


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Figure 5-1 Södra Midsjöbanken, Norra Midsjöbanken and Hoburgs Bank. Bathymetries. Södra Midsjöbanken forms part of a conglomerate of offshore banks with similar marine ecological conditions. The windfarm represents a small part of this area

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5.2 Implementation

Taking into account the complexity of the project and the with reference to current conditions for offshore wind power projects in Sweden it is recommended that permission for the implementation of the preliminary investigations and the construction of the windfarms as defined in this report should be sought for a period of 10 years, after the permit according to The Swedish Exclusive Economic Zone Act becomes enforceable. Extension of the other permits required for the implementation of the current project will be required with the corresponding validity.

A comprehensive schedule, see Figure 5-3 below, for the park's detailed design, implementation of field investigations, monitoring programme and construction has been drawn taking into account comments received and the applicant's proposed monitoring program and conditions.

Figure 5-2 Overall Schedule


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5.3 Consultation Reports new layout

The consultation paper, Appendix 1, has been sent to 19 stakeholders of which 12 have submitted observations up to May 8, 2016. The opinions have been commented upon and responded to as needed in the following.

County Administrative Board of Blekinge 5.3.1

County Board informs about the ongoing investigation on the protection of harbor porpoises in the area. Furthermore, no additions resulting from the change.

In essence, E.ON has handled the issue of porpoises with the intention to provide protection that does not compromise the harbor porpoise conservation. That the question of protection has been driven further towards formalization does not affect E.ON's view that the porpoises and the windfarm can coexist without problems or advantageously, during operations, due to fishing restrictions. Temporary disruption during construction are minimized with precautions, see section 2.

Coast Guard 5.3.2

No additions resulting from the change.

County Administrative Board of Kalmar 5.3.3

County Board cites its earlier opinion but comments further on a number of additional issues with respect to the new conditions and research findings.

The County Board believes that hitherto adopted survey technique cannot rule out the possibility of ancient settlement being present on the site.

They call attention to intensive work on marine area protection (proposed extension of N2000 areas) and marine planning, and in addition to the state of knowledge regarding the porpoises has been improved with the SAMBAH project results.

All of these issues have been handled in the project. That the issue of protection and marine planning has been driven towards further formalization does not affect E.ON's previous attitude regarding porpoises (see section 5.3.1) and that bird conservation interests can be met with the currently proposed design that reduces the area, and thus the feared displacement effect in a limited part of the Long Tailed ducks wintering area.

County Board notes that the company, in light of the acute situation of the long-tailed duck, has developed a modified design that leaves parts of Södra Midsjöbanken untouched. The County Board believes it is a good approach that shows that the development can be adapted to meet new conditions.

County Administrative Board of Gotland 5.3.4

The County Board generally welcomes the proposal to reduce the utilized surface area to 50% and to instead build higher wind turbines. The County Board believes that it is the reduced surface area that is primarily of importance for the marine life, not the height of

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the turbines. The County Board stands by its previously submitted comments 2015-02-24 although the new proposal is deemed more beneficial to the marine life.

In the new statement the County Administrative Board highlights particularly the issue of the impact on sea birds and bats. The County Board does not share E.ON's interpretation regarding the Long Tailed ducks eventual adaptation and believes that the park remains largely in water depths <25 m. The County Board lacks an analysis of the possibility of locating the park at 25- 40 m deep. If consent is given, it is useful that the monitoring program follows up the distribution of wintering long-tailed ducks within and outside of the park.

The County Board considers that bats should be inventoried even in August. Without this knowledge, it is difficult to assess the impact and the need for safeguards.

The County Board notes that there are conflicts of interest, and believes that a government marine planning would have facilitated the perception of what activities are best suited in the area.

The question of bats is handled in the proposal for the monitoring program (see also Chapter 2.3).

Swedish Energy Agency 5.3.5

Has no objections and notes the advantages according to Sweco's report.

Swedish Environmental Protection Agency (SEPA) 5.3.6

SEPA has nothing new to cite but notes that despite the reduction half of the Long Tailed ducks habitat is at risk of being lost. The SEPA informs that preliminary data from 2016 indicate a continued decline of wintering long-tailed ducks.

Swedish Armed Forces 5.3.7

The Armed Forces have no objections, reminding about the remains of mines and referring also to the letter from the National Defence Radio Establishment.

National Defence Radio Establishment 5.3.8

Defence Radio Establishment has no additional comments.

Kjell Larsson, Professor 5.3.9

Kjell Larsson (KL) develops arguments that questions the calculation example in respect that <6% of the total area occupied by the long-tailed duck for the Södra Midsjöbanken is affected by the new park design. Kjell Larsson's standpoint commented on the report in Figure 5 2 with explanatory text in the Table 5 1 concerning the proportion of the total area with depths of less than 25 and 30 m for the Södra Midsjöbanken, Norra Midsjöbanken and Hoburgs Bank that is utilized in connection with the proposed expansion.


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KL disputes the claim that the increased distance between the turbines to 1,200 m in any significant way would change the overall conclusion that long-tailed ducks is displaced from the area occupied by the park.

KL lacks information about the black guillemot.

KL also believes that a comprehensive marine planning must be done before a decision is taken on greater establishment of windfarms on offshore banks.

The Swedish Civil Contingencies Agency (MSB) 5.3.10

MSB believes that the basis for consultation on the new design of the park should be supplemented and report what accident risks and their consequences that entail the establishment of 120 wind turbines at 240 m. This report should also indicate the accident prevention measures that are being taken and how the fire protection issues are handled.

County Council of Gotland 5.3.11

County Council of Gotland has no objections in addition to the points made in previous consultation responses.

Swedish Ornithological Society (SOF – Birdlife Sweden) 5.3.12

SOF reason initially that the reduced surface would likely reduce the negative effects on the birds. SOF believes that increased swept area and greater overall height could give a different picture of influence on flying birds but a potentially negative effect in this respect should be offset by the reduced number of works.

SOF maintains that all offshore banks, including Södra Midsjöbanken, with high bird values should be exempt from exploitation.

SOF intends to contest any authorization of a permit under the Birds Directive at an EU level and with the support of BirdLife International.

avaleht | keskkonnaministeerium - report · 2018. 7. 4. · summary sweco drottningtorget...

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