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Page 1 of 18 Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Greystone Quarry, Lawhitton, Launceston On 6 th June 2014 Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. 0 0 32

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Page 1: Home Page - Cornwall Council - Office Use Only …Page 1 of 18 Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Greystone Quarry, Lawhitton, Launceston

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for Greystone Quarry, Lawhitton, Launceston

On 6th June 2014

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came

into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit Site Name and Address: Greystone Quarry, Lawhitton, Launceston

Planning Permission(s): NC40.ENV(2) Quarrying and related operations - Approved on 06/02/2001

The following permissions are also acknowledged but were not monitored during this visit.

NC40(4) Erection of concrete batching plant. - Approved on 29/07/2002

This permission has not been implemented at this time and it is recognised that there is no timed expiry date conditionally imposed by the permission.

NC40(5) Importation and processing of materials for the production of recycled aggregate for use in the existing asphalt plant and concrete batching plant and for re-sale. - Approved on 19/04/2005

It has previously been acknowledged that this permission has indeed been implemented, but there are currently no materials associated with this recycling operation being either imported or stored on site. Should this operation re-commence then this permission will be included in any future monitoring reports. It should also be noted that the asphalt plant has now been dismantled and the concrete plant has not been constructed so if recycled materials were to be imported then they could only be used for re sale from this site at the current time. PA14/02431. This permission is for the extension of the quarry in an easterly direction. This permission was approved on the evening before this site visit and as such has not been implemented at this time.

Legal Agreement(s): None Operator: Aggregate Industries

Site Status: Active site

Type of Visit: Chargeable Visit - Announced

Visiting Officer/s: Mr M Butfield, Development Officer, Planning Enforcement, Cornwall Council

Date of Visit: 6th June 2014

Time on Site: 10.30

Time off Site: 12.50

Attendees: Mr Graham Hicks, Quarry manager

Weather: Dry and Bright

Ground Conditions: Dry

Report Author: Mr M Butfield, Visiting Officer

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3. Compliance with Planning Conditions NR/00/00127/MIN dated 06/02/2001

Condition Number and Description Condition 1. Time Limit

These permissions shall not be valid after 21 February 2042. Unless a further planning permission (or permissions) has been granted for a continuation of operations beyond this period, all operations and uses approved by these permissions shall be discontinued on or before this date, all plant, machinery and buildings no longer required shall be removed from the site and the land shall be re-instated in accordance with the further conditions below.

Notes Following Visit This is recognised as being a post-dated condition. The next 15 yearly periodic review application will be due to be submitted to the LPA on or before the 6th February 2016.

Condition Number and Description Condition 2. Extent of the Permissions and Nature of the Development.

These conditions relate to the aforementioned planning permissions identified on Drawing No. 559/PL2 for stone quarrying and associated operations including the deposit of quarry waste and ancillary development. Notes Following Visit Developments at this quarry are acknowledged to be in accordance the approved planning permission and the details shown on drawing 559/PL2. The extraction of stone continues to take place at the eastern side of the quarry floor in both a northerly and western direction. The following picture shows the quarry void as viewed from the viewing platform which is located at the western side of the quarry.

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Condition Number and Description Condition 3. Development in accordance with the approved plans (and phasing)

No development shall be carried out other than in strict accordance with the following approved plans and drawings (and the development shall be carried out sequentially as identified in these plans), except as may be modified by other conditions in this Decision Notice or as may be otherwise agreed in writing with the MPA: Drawing Nos. 559/PL2, 559/PL3, 559/PL4, 559/PL5, 559/PL6A, 559/PL7A and 559/PL8.

Notes Following Visit Quarrying operations are currently being conducted within the identified phase 3 area. Limited amounts of material are currently being committed to the waste tip and as such the development of this area has not progressed beyond the limits as shown in phase 2. These works have not been sufficient enough to require any further restoration or planting at this time.

Condition Number and Description Condition 4. Conservation of Earth Science Interests

The exposures of earth science interest identified on Drawing No. 559/PL7A or any other such exposures that may be agreed by the operators in writing with the MPA, shall be retained and an access route shall be maintained at all times, unless otherwise agreed with the MPA. A buffer zone of a minimum distance of 10 metres shall be maintained at times between the edge of any tipping of quarry waste and the outer rim of the quarry as identified on Drawing Number 559/PL7A.

Notes Following Visit A Buffer of 10 metres minimum has been maintained between the stockpiles, the waste tipping area and the exposures of earth science interest. For health and safety reasons rock fall protection bunds have been constructed at the base of quarry faces on the southern side of the void space. These are well removed from the quarry faces and do not obscure the geological exposures.

Condition Number and Description Condition 5. Access and Highway Matters

The sole access to the site for vehicles in relation to the development permitted by these permissions shall be that identified on Drawing Number 559/PL2. Notes Following Visit The access point as shown on drawing no. 559/PL2 is the only one which is used to gain access to the quarry. The entrance was clean and clear of debris and observed to be in regular use.

Condition Number and Description Condition 6. Access and Highway Matters

The site access and associated drainage shall be maintained in a good state of repair and kept clean and free of mud and other deleterious material at all times until the completion of restoration and aftercare, using, as may be necessary, wheel cleaning facilities. Notes Following Visit The hard surfaced site access and the associated grilled drainage channel were observed to be clean, free of mud and in a good state of repair. All lorries observed to exit the site were doing so via the automatic wheel wash.

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The following picture shows the point where the quarry entrance meets the public highway.

Condition Number and Description Condition 7. Access and Highway Matters

All loaded heavy commercial vehicles leaving the site except those carrying stone over 75 mm shall be sheeted or have their loads otherwise enclosed before leaving the site. Notes Following Visit There are no outstanding complaints regarding the sheeting of lorries at this site and all loaded vehicles (such as the one shown below) which were seen to exit the site were observed to be correctly sheeted.

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Condition Number and Description Condition 8. Hours of operation [quarrying, stone processing (except for the production of coated stone) and quarry waste tipping]

Except for routine plant maintenance, water pumping and emergency procedures no operations authorised or required under these permissions shall be carried out at the site except between the following times or such times as may be otherwise agreed in writing with the MPA:- between 6.00 and 18.00 hours Monday-Fridays between 6.00 and 13.00 hours on Saturdays. There shall be no working on Sundays, Bank Holidays or National Holidays unless otherwise agreed in writing with the MPA.

Notes Following Visit There are no outstanding complaints regarding working hours at this site so compliance with this condition is confirmed.

Condition Number and Description Condition 9. Hours of Operation [coating plant]

Except as may otherwise be agreed in writing with the MPA, apart from routine plant maintenance and emergency procedures to maintain safety, the coating plant shall not be operated except between the following times: between 5.00 and 18.00 hours Monday-Fridays between 5.00 and 15.00 hours on Saturdays. There shall be no working on Sundays, Bank Holidays or National Holidays unless otherwise agreed in writing with the MPA. These hours shall apply to both the production of coated stone and the preliminary start up sequences of the machinery. Notes Following Visit There are no outstanding complaints regarding working hours at this quarry, so compliance with this condition is therefore recorded. It is acknowledged that there were additional operating hours for the coating plant but this has now been demolished and removed from site, so these are no longer relevant.

Condition Number and Description Condition 10. Noise, Blast Vibration and Dust: General

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. The word practicable and the phrase practicable means in these conditions shall have the meaning assigned to them in Section 79(a) of the Environmental Protection Act 1990 as defined overleaf. The provisions of this condition include the installation and maintenance of effective silencers on all plant and machinery and these shall be maintained to conform with the manufacturers specification at all times.

Notes Following Visit The Planning Authority have no outstanding complaints regarding blasting at this site. Blasting is understood to have most recently been conducted at a low level on the eastern side of the quarry void. All blasting operations which are conducted at this quarry are understood to be in accordance with BS 14001 standards.

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Condition Number and Description Condition 11. Noise: Specific

Except as may be otherwise agreed in writing with the MPA, noise arising from quarrying and ancillary operations measured (freefield) or calculated at any building used for human habitation in the vicinity of the site shall not exceed the following levels: between 05.00 and 06.00 hours: 45 dB(A) Leq (5 minutes) between 06.00 and 18.00 hours: 50dB(A) Leq (1 hour).

Notes Following Visit There are currently no outstanding complaints about noise at this site and no significant noise impacts were observed during this visit.

Condition Number and Description Condition 12. Noise: Specific

Unless otherwise agreed in writing with the MPA, the operator shall submit to the MPA for approval, within 6 months of determination, a scheme for monitoring noise emanating from the site. Following approval the operator shall implement the scheme. Notes Following Visit The operator advises that noise monitoring is undertaken on an annual basis in accordance with a scheme which was approved on 6 December 2001. There are no outstanding complaints regarding noise at this site so details of recent noise monitoring were not inspected during this visit.

Condition Number and Description Condition 13. Dust

The operator shall apply measures, as necessary, so as to prevent the escape of fugitive dust from the site. These shall include the utilisation of a water bowser fitted with a sprinkler and/or a piped irrigation system to suppress dust on haul roads and other operational areas of the site.

Notes Following Visit There are no outstanding complaints regarding dust at this quarry. An automatic dust suppression system which is shown in operation below, sprays water on the main haul road and the access to the former coating plan.

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Condition Number and Description Condition 14. Blasting: Specific

Ground vibration from blasting operations shall not exceed a peak particle velocity of 8.5 mm/second at or near the foundations of any residential building or other vibration sensitive building in the vicinity of the site (the measurement to be the maximum of three mutually perpendicular directions taken at the ground surface).

Notes Following Visit The planning authority have no outstanding complaints regarding blasting at this site.

Condition Number and Description Condition 15. Blasting: Specific

Unless otherwise agreed in writing with the MPA a) the number of blasting episodes shall not exceed three in any one day; b) no blasting shall be carried out other than between 10.00 and 17.00 hours on

Mondays to Fridays and between 10.00 and 13.00 on Saturdays; c) there shall be no secondary blasting on excess of 1 kg single instantaneous charge

(and 50kg in total) or the use of non-explosive gas breaking techniques except with the written agreement of the MPA.

Notes Following Visit There are no outstanding complaints regarding blasting at this site and it is understood that no secondary blasting is undertaken on site.

Condition Number and Description Condition 16. Blasting: Specific

In the event of a complaint or complaints being received by the MPA about vibration, attributable to blasting operations within the site, the operator shall monitor blasting operations in accordance with a specification to be agreed with the MPA. Notes Following Visit There are no outstanding complaints regarding blasting at this time and it is understood that blasting continues to take place on a regular basis.

Condition Number and Description Condition 17. Water Interests/Drainage Matters

Any fuel, oil, lubricant or potential pollutants shall be stored in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded area shall be impervious to both water and oils and shall be maintained free of water. Notes Following Visit Fuel storage facilities exist within the workshop area and were observed to be of the appropriate design and construction. A towable double skinned mobile fuel tanker is also understood to be available to service plant within the site.

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Condition Number and Description Condition 18. Water Interests/Drainage Matters

All quarry washings and run-off from stripped or disturbed areas or quarry tracks, shall be contained in settlement lagoons before any discharge to watercourses. Any additional settlement lagoons to that shown on the approved plans shall be subject to the approval of the MPA. Notes Following Visit There are three settlement lagoons located on the northern side of the quarry which continue to receive water from the void space. There are also further catch pits located on the eastern side of the quarry as well as the one which has recently been created at the western end of the floor from which water is pumped to the settlement lagoons. Any discharge to the local water course is subject to Environment Agency License requirements. It is understood that a texting alarm system is to be fitted to the water containment facility on the eastern side of the quarry to prevent the lagoon from overflowing.

Condition Number and Description Condition 19. Water Interests/Drainage Matters

Prior to commencement of any quarrying operations below 36m AOD the operator shall submit to the MPA for approval a water interests survey, water impacts study and a scheme which provides for the protection of adjacent water interests. The approved scheme shall be subsequently implemented unless otherwise agreed in writing with the MPA.

Notes Following Visit This scheme was approved on 25 February 2004. The related water impacts study found that there are potentially sensitive groundwater interests within the vicinity of the site. Although the proposed quarrying below the water table will affect groundwater levels in the vicinity, the study found that this will be significantly limited by the low transmissivity of the dolerite and the surrounding culm measures. The scheme provided for borehole monitoring. The operator has indicated that piezometers on the site are monitored weekly. The monitoring of boreholes as identified in the approved scheme by Marcus Hodges, failed to take account of the fact that the boreholes which were identified are located on private land and as such it would not be reasonable to impose any requirement on the part of the operator to access these locations for the purpose of monitoring and therefore the scheme is technically flawed. The quarry level is acknowledged to have decreased below the former level of 36 AOD and is understood to now be at 24 AOD. In view of the above, there is no action which is required to be undertaken by the operator in respect of this at this time.

Condition Number and Description Condition 20. Plant and Machinery

Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending, replacing or enacting that Order, no plant, machinery, building, structures, erections or private ways shall be erected, extended, installed or replaced at the site outside the plant and ancillary areas identified on Drawing Number 559/PL2 without the prior approval in writing of the MPA.

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Notes Following Visit No new or unapproved development was observed during the site visit. The operator indicated that there was no intention to implement an authorisation (under the Town and Country Planning (General Permitted Development) Order 1995 for a concrete batching plant in the near future. A further planning permission, CC/NC/2005/00333[NC40(5)] for the importation and processing of materials for the production of recycled aggregate for use in the existing asphalt plant or concrete batching plant has now been implemented and confirmed by letter dated the 6th April 2010.

Condition Number and Description Condition 21. Plant and Machinery

All lights and floodlights shall be screened so as to minimise light spill to any occupied dwelling and countryside in the vicinity of the site. Notes Following Visit All lighting which was observed during the site visit was directed downwards. No complaints have been received regarding the lighting at this site.

Condition Number and Description Condition 22. Stockpiling

There shall be no stockpiling of any material, either for sale, processing or waste rock, subsoil or topsoil on the undisturbed or restored portions of the site, unless otherwise agreed in writing with the MPA. The stockpiles within the stocks area identified on Drawing Number 559/PL2 shall at no time be allowed to exceed a height of 110m AOD or the height of the outer slopes of the tip, whichever is the greater, at any point in time.

Notes Following Visit All stockpiled material appeared to be within the approved locations and are understood to be stored below110AOD or the height of the outer slopes of the tip. There were also significant reserves of varying sizes of armour stone being stored throughout the central area on the quarry floor.

Condition Number and Description Condition 23. Landscaping

Until such time as they are directly affected by quarrying operations and associated activities, all existing trees, shrubs and hedgerows (within the control of the operator) shall be retained, managed and protected from quarrying and associated activities during the period of the development, unless otherwise agreed in writing with the MPA.

Notes Following Visit There were no signs of any damage or removal having taken place to any trees, shrubs or hedgerows within the permitted quarrying area. It was observed that some clearance and maintenance works had recently been conducted around the southern and eastern sides of the quarry void to facilitate access to these areas.

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Condition Number and Description Condition 24. Landscaping

Within 6 months of this determination, or such other period as shall be agreed in writing with the MPA, the operator shall submit details (species, densities and surface treatment) of the phased planting proposals identified in green in Drawing Numbers 559/PL4, 559/PL5 and 559/PL6A to the MPA for approval. The operator shall carry out the planting in accordance with the approved scheme.

Notes Following Visit This scheme was previously submitted and approved (on 6 December 2001) It identifies the details of phase 2 of the landscaping scheme and provides for the height of phase 2 of the tip to be 125m (and it was agreed that information relating to phases 3 and 4 would be submitted prior to those phases).

Condition Number and Description Condition 25.Landscaping

Any vegetation shall be planted in accordance with approved landscaping schemes at the earliest practicable opportunity. All shrubs and trees shall be maintained free of weed growth within 0.5 metres of the base and any such plants which die within 5 years of planting, or which become seriously damaged or diseased shall be replaced in the next planting season unless otherwise agreed in writing with the MPA.

Notes Following Visit There is acknowledged to be no further requirement to undertake any further planting on site at this time.

Condition Number and Description Condition 26. Control of Noxious Weeds

During the operation of the site and the aftercare period, noxious weeds, in particular Ragwort and Japanese Knotweed, shall not be allowed to colonise the site. Recognised control measures shall be implemented as soon as is practicable following infestation and shall continue until clearance is achieved.

Notes Following Visit No noxious weeds observed on site during this visit.

Condition Number and Description Condition 27 Restoration, Aftercare and Afteruse

There shall be no importation of waste or materials for recycling to the site without the granting of further planning permission. Notes Following Visit There are currently no waste materials being imported to the site although it is acknowledged that there is planning approval for the importation of approved material which can be processed for use in the coating plant and any future development of a proposed concrete plant. It should be noted that the coating plant has now been removed from the site.

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Condition Number and Description Condition 28. Restoration, Aftercare and Afteruse

In advance of operations in any approved area all available topsoil and subsoil shall be stripped and handled separately whilst in a dry condition and either: (a) stockpiled in accordance with details to be agreed with the MPA in writing for later

use in restoration (b) transferred directly to areas prepared for surface treatment.

Notes Following Visit There has been no soil stripping since the last monitoring visit, and no further soil stripping is anticipated as the composite footprint of the quarry void, the quarry tip and ancillary areas have already been fully established.

Condition Number and Description Condition 29. Restoration, Aftercare and Afteruse

On completion of each level of the excavation, the exposed rock faces and the residual bench at its foot shall be left clear, as far as is practicable, to provide for access for study and maintenance purposes. There shall be no dumping, infilling, planting or other operations on the benches which would obscure the quarry faces.

Notes Following Visit There were no signs of dumping or infilling having taken place on any of the existing benches within the site, beyond those previously creation as health and safety bump banks on the outer faces of the southern quarry benches.

Condition Number and Description Condition 30. Restoration, Aftercare and Afteruse

All plant, machinery and buildings shall be removed from the site on completion of quarrying or when it is no longer needed for the purposes which they were installed unless otherwise agreed in writing with the MPA. Notes Following Visit Quarrying continues to take place on site and all of the plant and machinery associated with this operation are acknowledged to remain in use. The coating plant has now been removed from the site and the area on which it stood is understood to be improved to form a turning area.

Condition Number and Description Condition 31. Restoration, Aftercare and Afteruse

On completion of the approved working scheme the site shall be restored for amenity use (primarily geological conservation and secondarily wildlife conservation), in accordance with Drawing Number 599/PL7A and in accordance with a detailed restoration scheme to be submitted to the MPA for approval before 1 January 2040. The scheme shall include measures, as far as may be compatible with operational and health and safety requirements, to retain the quarry faces in a clean and stable state, to provide for physical means of access to the faces identified on the restoration plan, or any other faces which may be agreed to be retained between the operator and the MPA.

Notes Following Visit The quarry remains operational. Therefore this condition is not applicable at this point in time.

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Condition Number and Description Condition 32. Restoration, Aftercare and Afteruse

In the event of a cessation of winning and working of minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for approval to the MPA within one year of the cessation of winning and working. The approved revised scheme shall be fully implemented within two years of the written approval unless otherwise agreed in writing with the MPA.

Notes Following Visit The quarry remains operational. Therefore this condition is not applicable at this point in time.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed Issues to be addressed by MPA NR/00/00127/MIN dated 06/02/2001

Designated Officer Details

• None at this visit

Issues to be addressed by Operator NR/00/00127/MIN dated 06/02/2001 • None at this visit

11. Summary Greystone Quarry is located to the south of the town of Launceston and includes an eastern section of the quarry permission which is remote from the main quarrying area which borders the river Tamar. It is an aggregate producing quarry that is currently extracting stone by increasing the quarry depth within an established extraction area. The following picture shows the quarry void as viewed from the eastern side with the current extraction area in the foreground

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No significant impacts such as noise dust or fumes were observed on site during this visit and the buildings which house the crushing and screening equipment is shown below.

Recent improvement at the site have included an automated sprinkler system which sprays water onto the main haul road leading to the stockpiles and also to the vehicle turning area in the vicinity of the coating plant. This spray system was in operation at the time of this visit as ground conditions were dry and this can be seen in use on page 9 of this report.

Greystone Quarry was being prepared for an open day which was scheduled to take place the following day in an effort to allow members of the public to experience how a quarry operates. The activities which were planned included a nature trail walk which had been enhanced by a selection of picture showing the wildlife and plants which might be seen on the walk and some of these are shown in the pictures below.

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Mini buses and catering facilities were also being supplied and it is hoped that all of the efforts by the quarry staff would be appreciated by the people who attended the open day.

There are no outstanding complaints regarding the use of this quarry and no concerns were raised during this site visit.