sweco RECEIVED Date 18.03.2020 EGIONAL IRECTOR FOR No Signature R D E NVIRONMENT PROTECTION IN SZCZECIN Szczecin, 18 March 2020 WONS -OŚ.4233.1.2017.KK.68 DECISION NO. 5/2020 on ENVIRONMENTAL CONDITIONS [ENVIRONMENTAL PERMIT] Pursuant to Article 104 and 108(1) of the Law of 14 June 1960 – Code of Administrative Procedure (consolidated text: Journal of Laws of 2020, item 256) – hereinafter: CAP, pursuant to Article 75(1)(1i), Article 75(5), Article 82, and Article 85 of the Act of 3 October 2008 on providing information on the environment and its protection, citizen engagement in environmental protection, and on environmental impact assessments (consolidated text: Journal of Laws 2020, item 283 as amended) – hereinafter: the EIA Act, and the provisions of the Regulation of the Council of Ministers of 9 November 2010 on projects which may materially affect the environment (consolidated text: Journal of Laws of 2016, item 71), having considered the application of the Director of the Regional Water Management Authority in Szczecin State Water Management Polish Waters, submitted through Ms. Krystyna Araszkiewicz of Sweco Consulting Sp. z o. o., for an environmental permit for the project entitled “1B.2 Stage I and Stage II Modernisation works on the border Odra as part of the Odra-Vistula Flood Management Project” I hereby decide A. To define the type and site of the project. The planned project includes modernisation works on the border Odra, to be carried out as part of the Odra-Vistula Flood Management Project (OVFMP). The objective of the OVFMP is to increase flood protection for people living in selected areas of the Odra River and Upper Vistula River basins and to strengthen the institutional capacity of the government administration to mitigate the impact of summer, winter, and flash floods more effectively. The works included in the project were divided into 2 stages: - Stage I – Modernization works on Border Odra to enable winter icebreaking; - STAGE II – Modernisation of River Control Infrastructure. Following works are planned as part of the modernisation: - demolition and reconstruction of the existing groynes and the construction of new groynes; - demolition and reconstruction of the existing longitudinal dams and the construction of new dams; - demolition and reconstruction of the existing river walls and revetments and the construction of new ones. The planned project will be implemented in stages, i.e. stage I is currently planned for implementation, while stage II will be implemented at a later date, after the necessary project documentation is prepared. The project involving modernisation works on the abovementioned sections of the Odra River will be implemented in 3 districts located in two voivodeships: Zachodniopomorskie voivodeship: in the Gryfino district, in the communes of: Cedynia - stage I and II, Chojna - stage II, Mieszkowice - stage I and Lubuskie voivodeship: in the Gorzów district: in the commune of Kostrzyn nad Odrą 1 – stages I and II and in the Słubice district: in the commune: Górzyca - stage I and II and Słubice - stage I. However, in Lubuskie voivodeship, the works will be carried out on sections of the border Odra with a total length of about 21.9 km, while in Zachodniopomorskie Voivodeship - about 32.5 km. The project in question is planned in accordance with the assumptions of the Polish-German Update of the concept of the border Odra watercourse, prepared by the Federal Waterways Engineering and Research Institute in Karlsruhe (BAW) with the participation of German and Polish experts, developed in 2014, and the Polish- German agreement on joint efforts to improve the condition of waterways on the Polish-German border (flood protection, flow and shipping conditions) signed in Warsaw on 27 April 2015. In total, plans for Stages I and II include the regulation, reconstruction, and demolition of river control structures on a section of about 54.4 km of the Odra, which means a modernisation of about 58% (54.4 km out of 94.4 km) of the limiting places listed in the Polish-German agreement. A detailed description of the project is set out in Annex 1 to this permit, while the location of the project – in Annex 2 to this permit. B. To establish the environmental requirements for the planned project and at the same time define the following conditions for its implementation. I. Conditions for using the area at the stage of implementation, operation, or use of the project, considering in particular the need to protect valuable environmental assets, natural resources, and monuments, as well as to limit the nuisance for the neighbouring areas. 1. At the stage of construction works, carry out environmental supervision in the following way: a) implementation of investment tasks (including demolition), especially within the scope of minimisation activities, carried out with the participation of environmental supervision, i.e. specialists in the field of biology, nature conservation, ecology of flowing waters (botanist, ornithologist, chiropterologist, entomologist, ichthyologist, herpetologist, hydrologist); b) the environmental supervision should cover in particular: - ongoing specialist assistance, including assistance in the field of identification of protected species of beetles, ornithofauna, chiropteran fauna, herpetofauna, ichthyofauna before the works are carried out, including tree felling and removal of low vegetation (including invasive species) and modernisation of groynes and bank reinforcement, in case of their occurrence, should take appropriate protective measures, including carrying out safe evacuation of animals; adjusting the deadline for the works, obtaining appropriate permits for activities subject to bans in relation to protected species issued under the Nature Conservation Act; - temporary marking of environmentally valuable areas in order to protect them from destruction, being run over, trampled on; - preparing reports covering all relevant events concerning the conservation of protected natural elements that occurred when the environmental supervision was conducted, which should be submitted to the Regional Director fornvironment Protection in Szczecin and the Regional Director for Environment Protection in Gorzów Wielkopolski, every 3 months from the start of the works related to the implementation of the investment, or more often if necessary (e.g. in the event of significant adverse changes in the conservation status of natural habitats or habitats of protected plant species and animal species); - submitting a summary final report on the implementation of nature protection measures within six months of the end of each stage of the investment, with an assessment of the effectiveness of the measures applied. − Take action to diversify habitats in the bank zone to accelerate the process of natural colonisation of the river sections subject to works by characteristic groups of aquatic organisms through: a) introducing habitat-forming elements, i.e. oversized boulders (0.8 - 1.5 m) in the spaces behind longitudinal dams (groups of 4-5 boulders every 50 m of dam length) and in all deep (1.5 - 2.0 m or deeper at SN W) groyne fields that cut into the banks, adjacent to the reconstructed groynes, from the downstream side at the base of the modernised groyne; b) where possible, leaving oversized boulders and large woody debris that do not interfere with the planned structures in groyne fields; c) restoring riffles of loose stone of various granulations (5-45 cm) in the structure of the foot 2 and the slope of the groyne on the current side of each of the renovated and new groynes, thus supplementing the stone structure; d) creating alternative habitats – oxbows in the form of bays cutting into the bank, with an area of 220 to 1320 m2, (5300 m2 in total): 8 structures with the following parameters: length 50- 100 m, irregular oval shape, width approx. 10-12 m, depth from 0.5 to 1.5-2.0 m, in the following locations on sections of the JCWP (body of surface water) Odra from the Nysa Łużycka to the Warta: No. 1 at 582.4 km; No. 2 at 585.7 km; No. 3 at 602.3 km; No. 4 at 606.2 km; No. 5 at 606.6 km; No. 6 at 609.5 km; No. 7 at 616.5 km, and No. 8 at 616.8 km, ensuring effective communication with the main channel; e) replanting patches of submerged plants with floating leaves (surface over 10 m2), as well as fragments of patches (up to half of their surface) of rushes growing on the bottom of the Odra (especially the nymphaea, including all identified endangered sites of the fringed water lily) from the area of works, to a close location with similar habitat conditions (with particular emphasis on the places at the base of the groyne and spaces in the fields of reconstructed groynes and behind the dams). Plants should be moved with the use of a technology that will allow them to be transferred together with their invertebrate fauna and that will allow to collect Unionidae mussels, transporting them in conditions of adequate moisture content; f) investment works on groynes adjacent to the nymphaea sites (including those found at approx.: 646.1, 645.7, 656.3, 654.6, 654.1 ,651.4, 661.1, 657.9, 658.1 km) to be carried out after the growing season, in October-November; g) using natural materials such as stone, fascine, wood, gravel, sand; however, geotextile may be used to separate newly constructed elements from the existing ones; h) no clamping of riprap with concrete; to stabilise riprap of 15-45 cm hydro-technical stone, lock it in with finer stone (5-15 cm) in the top part; i) metaplaning