Alwyn Shaw,
North Yorkshire County Council,
Minerals and Waste Planning Unit,
County Hall,
Northallerton. DL7 8AH

Dear Sir,

Re: Menwith Hill USA National Security Agency Station, Nr. Harrogate:
Notice of Proposed Development 6.03/02204/CMA:
Erection of Controlled Waste Storage Area:
Applicant: Director of Installations, USA HQ Building 29, US National Security Agency (NSA) Menwith Hill Station, Harrogate HG3 2RF:
Application submitted by: Mr C J Duke, UK Ministry of Defence (MoD) Estates' Senior Adviser, DE Office, Gough Road, Catterick Garrison, N Yorks. DL9 3EJ:

We have been informed that the Harrogate Borough Council Planning Department has forwarded plans for a 'Controlled Waste Storage Area' (CWSA) at Menwith Hill Station (MHS) for inspection by your department, the NYCC Minerals and Waste Planning Unit, to confirm that they can be 'registered' as compliant with the NYCC's Structure Plan.

We are concerned that the NYCC has been supplied with incorrect and insufficient information on which to make such an assessment. You have been issued with an inaccurate Site Plan, which fails to show a). recently approved development proposals, b). the contours of the area surrounding the site and c). there is no indication of what volume, nor any specifications for the nature, of the 'controlled waste' to be stored.

The proposed CWSA comprises a security-fenced, concrete bunded compound containing delivery and unloading yard, storage building and oil interceptor. No size for the CWSA can be assessed because no units are quoted on the dimensions. (The USA continues to use Imperial Units, which can give rise to confusion; e.g. they are currently installing a 22m aerial receiver dish inside a 100ft 'golf ball' radome).

The Site Plan shows the CWSA to be located in the area between MP11 on the S; Building 48 on the W; Knobsticks 1 on the E; with 'AEL', Wensleydale Road and 52A to the N. The location appears to be relatively isolated from the built-up area, populated areas and any potential hazards. This however is not the case.

We request that you take into consideration the following factors before giving your decision:

· Surface water drainage from the proposed CWSA site, positioned near the top of the hill, enters Swinsty Reservoir in Washburndale, the water supply for Leeds, via Spinksburn Beck.

· The recently approved development proposals, which are excluded from the Site Plan (some of which still await the Harrogate Planning Department's response - a formality), are for large-scale expansion of the built-up area of the Base to the W, alongside and to the E of the B6451. On the Site Plan this area is shown as woodland and fields.

These developments will extend downhill to the S, from Building 35, the Commissary (American Armed Forces Exchange Services' supermarket) to terminate in a concrete-walled Surface Water Balancing Pond, NW of the SATCOM Compound. (SATCOM from N to S consists of elevated Car Park; two generators; two diesel fuel storage tanks; Building 44 = Distribution sub-Station; Building 43 = SATCOM Operations; three 'golf ball' radomes, SAT D, SAT S and SAT A, plus various ancillary buildings).

These expansion plans include a Post Exchange (PX) Facility (another supermarket plus restaurant); three Contractors' Compounds (with five buildings and infrastructure facilities) and so-called 'Reconfiguration' of the Nessfield Gate Area (a list of developments, which includes two substantial buildings). Service pipes will be sealed with plugs 'for the future', which indicates that the current expansion on the W side of MHS is not finalised.

To the N of the proposed CWSA site are plans for the development of a 'Community Conference Center' (including Charcoal Grille Restaurant).

[The Harrogate Borough Council Planning Department appears to have ceased the practice of submitting development plans for MHS to the elected members of the Council's Planning Committee. Under the terms of the Department of the Environment Circular 18/84, the Council may make recommendations only; it does not have the power to enforce those recommendations on the US NSA at MHS. A Planning Officer has determined the previous 35 plans under 'delegated legislation': the usual response is 'no objections with no observations'].

The CWSA Site Plan also omits to describe the relevant functions, and their potential for hazard, of existing structures in the area surrounding the proposed CWSA: e.g.
52A:  2 no. 250,000 gallon(sic) underground water storage reservoirs (located on the watershed?). [The CWSA plans depict a drain connection to/from the proposed CWSA to 52A?]. The water is supplied from Swinsty Reservoir. [We believe the supply pipes run under the proposed CWSA site].
52: Plant Building and Pump House, from which the water is transported to the elevated Water Tower (51).
DSSLL: is the Distribution sub-Station supplying electricity to the Pump House by cable* from the 'Jetsams' generators located N of Ops Building 36E. [*Cables are carried in surface concrete conduits for ease of access].
Knobsticks 1, AEL and BEVERAGE: mast antennas (transmitting and receiving) connected to  electrical cables. [High levels of RF radiation can induce a spark between metal objects].
47: a two-storey Barracks' accommodation for 64 'Unattached Operations Personnel'.
42B: Housing Installations Warehouse: (NB the underground heating fuel storage tank on the W end is scheduled to be replaced by a 16,000 litre(sic) aboveground tank surrounded by an earth berm (q.v.).
MP11: (MOONPENNY 11) is a 'golf ball' radome surmounting a building. It may contain a MILSTAR transmitter/receiver.
MP2/B, MP5/G, MP10, MP8/L, MP7/K, MP9: are all nearby 'golf ball' radomes without buildings. All contain receiving aerial dishes. They are connected by cables to Ops Building 36.
48: 24-hour opening 'Mini-Mall Shoppette' and Car Park.
48A: Car Rentals.
48B: Vehicle/House Insurers.
48C: Budget Car Rental.
48D: portacabin office/workshop (unused).
42, 42A: Antenna Maintenance Compound: workshops/warehouses and ancillary buildings.
ISS: appears to be a generator supplying SATCOM 44 Building, but as no plans were submitted for this structure we are uncertain of its function - if it is a generator then it should have an adjacent diesel fuel storage tank.
49: MoD Police Dogs: Handlers' Facilities and Kennels.

Other structures on the ground in MHS, not depicted on the Site Plan, are unauthorised developments in contravention of DoE Circular 18/84 Crown Land and Crown Development.

There is no definition of what constitutes 'Controlled Waste' in the plans. The CWSA Compound's surrounding security fence could indicate that the waste is hazardous, possibly poisonous. The concrete floor and slab fixtures indicate that it comprises corrosive chemicals. The surrounding concrete bund suggests that it is explosive. The proposed oil interceptor also suggests hydrocarbon liquids? Without specifications the nature of the 'controlled waste' can only be speculative.

It may be that the CWSA is required to store the hydrocarbon fuels pumped out of the underground tanks when these are excavated and replaced (see enclosed sample correspondence). These fuels are diesel oil used by the 'Jetsams' generators; fuel used for heating the communal buildings; petroleum and diesel used at the Motor Pool for MHS's fleet of vehicles and the same for purchase at the AAFES Filling Station. There are possibly large quantities of such fuels presently retained in underground tanks for which 'there is no history of the installation' nor any indication of the condition of the tanks.

We submitted an application to Harrogate Borough Council's Planning Department for Environmental Impact Assessment (EIA) in connection with MHS's plans to remove the underground fuel storage tanks. We also submitted the information to the Environment Agency (EA) in Thirsk. As a result the EA made stringent recommendations for conduct of the tanks' excavation, but our application for EIA was turned down without explanation.

The exclusion of Defence lands and projects from Environmental Impact Assessment (EIA) and Integrated Pollution and Protection Control (IPPC) was withdrawn under legislation passed last December. According to a Directive agreed in conciliation talks between the European Council of Ministers and European Parliament, concerning implementation of the Aarhus Convention, member States will now have to produce justification on grounds of 'adverse effect on national defence purposes' in order to qualify for exclusion from EIA and IPPC. Such a case cannot be argued for allowing MHS to be exempt from scrutiny of its activities and pollution controls.

Under the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, which came into effect on October 30th last year, we, as members of the public, have the right to seek remedy for our grievance about MHS's operations and damage to the environment. When the CWSA plan is formally submitted we shall seek an EIA.

Unfortunately we continue to be treated as interfering busybodies with an axe to grind. Information is withheld and our concerns are not properly addressed. The national and local authorities appear to be able to ignore the Aarhus Convention. It would not appear to be worth the paper it's written on.

Yours sincerely,

Anne Lee pp WoMenwith Hill Women

PS If we can be of any further assistance please do not hesitate to ask.

Cc:  Head of Planning Services, Harrogate Borough Council.
       Director of Installations, USA HQ Building 29, Menwith Hill NSA Station.
       Senior Adviser, Defence Estates Office [N], Catterick Garrison.