A465 Heads of the Valleys Dualling Sections 5 and 6 Dowlais Top to Hirwaun

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1 A465 Heads of the Valleys Dualling Sections 5 and 6 Dowlais Top to Hirwaun SUMMARY PROOF OF EVIDENCE: Environmental Co-ordination and Nature Conservation Document WG Mrs Wendy Bateman BSc (Hons) MCIWEM CEnv MRSB CBiol March 2018

2 1 Personal Statement 1.1 My name is Wendy Bateman. I am a Divisional Director for Jacobs Engineering UK Ltd, a multi-disciplinary engineering and environmental consultancy. I have been assisted by colleagues from within the project team in the various tasks that are reported in this proof. The evidence which I have prepared and provide in this Proof of Evidence is true and I confirm that the opinions expressed are my true and professional opinions. 2 Scope of Evidence 2.1 This summary proof covers overall environmental assessment and one of the environmental topics included in the Environmental Statement (DD to DD ), Nature Conservation. Other topics are covered by the proofs of evidence of Mr Andrew Clarke, Expert Witness (Noise) (WG 1.8.1), Dr Hazel Peace, Expert Witness (Air Quality) (WG 1.9.1), Mr Jonathon Mullis, Expert Witness (Cultural Heritage) (WG ), Mr Anthony Kernon, Expert Witness (Agriculture) (WG ) and Mr Rupert Lovell, Expert Witness (Landscape) (WG ). In addition, Ms Voirrey Costain s proof of evidence (WG ) covers the Sustainable Development Reporting undertaken on the project. 3 Environmental Baseline and Impact Assessment 3.1 The key environmental documents are the Environmental Statement (ES) (DD to DD ), the Supplement to the Environmental Statement (DD to DD 2.4.3) and the Statement to Inform the Appropriate Assessment (SIAA) (DD ). The assessments reported in these documents have been carried out in accordance with legislation and in line with relevant guidance Mrs Wendy Bateman / March of 9

3 documents, principally the Design Manual for Roads and Bridges (DMRB) Volumes 10 and The other key environmental documents are the Sustainable Development Report (DD ) and the Supplement to the Sustainable Development Report (DD 2.4.4) that have been completed in line with the requirements of the Future Generations (Wales) Act, These are discussed in Ms Voirrey Costain s proof of evidence (WG ) and are not considered further in this document. 3.3 Between October 2015 and March 2018, consultations with key environmental organisations were undertaken and a programme of surveys was implemented. Information gathered from these activities was used to inform the baseline for the Environmental Impact Assessment (EIA) as reported in the ES and the ES Supplement. These activities also informed the SIAA. 3.4 The ES and SIAA were placed on deposit with the Draft Orders in July The ES Supplement was placed on deposit with the Supplementary Orders in March Commitments made in the ES, SIAA and ES Supplement and through consultation with landowners, residents and consultees have been captured in the Register of Environmental Actions and Commitments (REAC) (DD ). These would be carried through to detailed design, construction and routine maintenance. This would be implemented during the construction stage through the Construction Environmental Management Plan (CEMP). An outline draft of the CEMP has been developed at ES stage (DD ). Mrs Wendy Bateman / March of 9

4 3.6 The environmental assessment process has been undertaken by a number of individual topic specialists with due regard to the legislation and good practice guidance. Appropriate mitigation has been proposed to mitigate for the impacts. Environmental Enhancements 3.7 Enhancements delivered by the proposed Scheme are: (i) (ii) (iii) (iv) provision of 41 culverts that provide increased permeability and safe passage opportunities for wildlife, and ameliorate the severance of foraging and commuting corridors caused by the existing road; improved safe provision for non-motorised Users (NMUs); reduced pollution risks to the aquatic environment; and, reduced flooding risks to 195 properties. 4 Impact Assessment Nature Conservation 4.1 The key ecological issues associated with the Published Scheme are covered within the proof as follows: (i) marsh fritillary; (ii) lapwing; (iii) Tir Mawr a Dderi Hir SSSI; (iv) Ancient Woodland; and, (v) lesser horseshoe bat. Mrs Wendy Bateman / March of 9

5 Marsh Fritillary 4.2 The proposed Scheme would not result in any direct land take from the Blaen Cynon SAC. However, due to the mobility of the species and the dynamic nature and distribution of marsh fritillary metapopulations, an assumption was made that all suitable and good condition habitat for marsh fritillary could support the species. Therefore, any loss of this habitat (whether marsh fritillary adults or larval webs had been recorded recently there or not) could have a likely significant effect on the metapopulation and, subsequently, the Blaen Cynon SAC. This precautionary approach was also extended to: (i) (ii) (iii) isolation of approximately 2.19ha of marsh fritillary habitat at the Hirwaun off-line section (considered as habitat loss); potential habitat degradation caused by vehicular emissions during operation of the completed Scheme; and mortality of butterflies due to vehicular collisions during operation of the completed Scheme, as there is uncertainty regarding the likelihood and extent of these potential impacts. 4.3 In summary, the impact assessment identified direct loss of approximately 8.05ha of marsh fritillary breeding habitat and degradation, due to air quality impacts, of an additional 0.6ha; total 8.65ha of habitat loss. 4.4 An area of approximately 14.4ha at Llwydcoed Slopes would be purchased and specifically managed to benefit marsh fritillary. Llwydcoed Slopes would undergo: (i) Slope translocation of grassland turfs of suitable and good condition for marsh fritillary from under the footprint of the Scheme; Mrs Wendy Bateman / March of 9

6 (ii) (iii) planting with nursery grown devil s-bit scabious Succisa pratensis plants (preferred marsh fritillary food source), using seed of local provenance; and, appropriate, long term, management of the land to create structural diversity suitable for the different life stages of the species. 4.5 Academic literature states that approximately 100ha of suitable habitat is necessary to achieve a 95% probably persistence for marsh fritillary for 100 years (within a 4 km x 4 km area). As over 100ha of suitable habitat for marsh fritillary has been confirmed within 2km of the Blaen Cynon SAC (with the potential for much more see ES, Vol 2, Appendix 11G) (DD ) and the proposed habitat loss would not reduce the remaining suitable habitat to less than the 100ha minimum threshold, no significant temporary habitat loss impact is anticipated. 4.6 Mortality of marsh fritillary caterpillars would be avoided during the vegetation clearance through appropriate timing and clearance techniques (Environmental Statement, Volume 2, Appendix 11B) (DD ). 4.7 The likelihood of marsh fritillary butterfly being able to cross the existing A465 and Scheme, the location of likely key crossing points, and the risk of any resulting traffic collision, is not possible to determine. The key way of mitigating this is to strengthen the existing population by providing additional marsh fritillary habitat. In addition to the approximate 14.4ha at Llwydcoed Slopes, an additional approximate 8.03ha of marsh grassland seeded with devil s-bit scabious would be associated with attenuation ponds. Mrs Wendy Bateman / March of 9

7 4.8 The principle adopted for mitigation design / land acquisition was that there should be no nett loss of marsh fritillary habitat. The total calculated habitat loss was 8.65ha. Provision of a total of approximately 22.43ha (14.4ha at Llwydcoed Slopes plus 8.03ha associated with the attenuation ponds) of marsh fritillary habitat as part of the proposed Scheme would ensure no net loss of marsh fritillary habitat. The provision includes a generous contingency amount of ha more than what would be lost. Lapwing 4.9 Ephemeral and semi-improved grassland habitat (approx. 12.9ha) on construction spoil derived from construction of Section 4 of the A465 that supports approximately 12 breeding pairs of lapwing would be bisected, with direct loss of approximately 5.2ha to the Scheme at Dowlais Top An area of approximately 7ha at Blaencarno, east of Dowlais Top has been selected as a mitigation area for lapwing. This land would be enhanced and managed specifically for breeding lapwing. 7ha of mitigation land is considered sufficient to support the displaced lapwing based on the assumption that each pair of breeding lapwing require approximately 0.5 ha each. This approach was applied on other sections of the Heads of the Valleys Dualling; on Section 2 Gilwern to Brynmawr and Section 3 Brynmawr to Tredegar. Tir Mawr a Dderi Hir SSSI 4.11 The direct loss of approximately 2.07 ha of habitat from the Tir Mawr a Dderi Hir SSSI would be mitigated by: (i) (ii) reinstatement and enhancement of the new soft estate within the SSSI boundary (approximately 1.83 ha); habitat enhancement of an additional approximate 0.34 ha in the proposed soft estate immediately adjacent to the SSSI by planting trees to replace those lost in the SSSI; and, Mrs Wendy Bateman / March of 9

8 (iii) enhancement of the proposed grassland area using soil salvage and seed harvest from the SSSI. Ancient woodland 4.12 The loss of approximately 4.52ha of ancient woodland inventory sites would be mitigated through approximately 4.3ha of ancient woodland habitat creation and purchase of 2ha of retained ancient woodland that would be beneficially managed to benefit nature conservation. The habitat creation areas would reuse ancient woodland topsoil from lost areas which would aid natural colonisation of ancient woodland species from the seedbank. Coppiced trees and scrub would also be translocated from the proposed construction footprint to these habitat creation areas The aim of this mitigation would be to recreate the ground flora characteristics of ancient woodland. It is acknowledged that the potential for recreation of the tree and canopy layer of ancient woodland receptor sites is negligible Table 1 summarises the land acquired for mitigation for four of these key nature conservation features. Mrs Wendy Bateman / March of 9

9 Table 1 - Summary of land acquired for mitigation Likely significant Approximate area lost Mitigation site Approximate area (ha) of effect (ha) name mitigation site Loss of marsh fritillary habitat 8.05 (3.45 good quality; and 14.4 Potential degradation of marsh fritillary habitat 4.6 suitable condition) Llwydcoed slopes 0.6 sub-total: 8.65 Plus approximately 8.03 ha marshy grassland and devil s-bit scabious seeding located within the new soft estate totalling ha Loss of Ancient Woodland Inventory site 4.52 Croesbychan 6.3 Loss of breeding habitat for lapwing 12.9 bisected (5.2ha directly lost) Blaencarno 7 Lesser Horseshoe Bat 4.15 The limestone cliff faces and caves within Taf Fechan Gorge support lesser horseshoe bat hibernation roosts The main mitigation for lesser horseshoe bats during the construction phase is timing construction works at the Taf Fechan Gorge to outwith the key hibernation period and ensuring a Karst protocol is followed when excavating the bridge foundations in the limestone. The mitigation for the operational phase includes the provision of twelve artificial pipe bat roosts in new structure abutments. Mrs Wendy Bateman / March of 9

10 5 Conclusions 5.1 The Environmental Statement, the Environmental Statement Supplement and the Statement to Inform the Appropriate Assessment have been carried out and published in accordance with legislation and published guidance. 5.2 I have overseen the environmental design and assessment process. Assisted by the environmental specialists, I have endeavored to minimise the overall environmental impacts of the Scheme and optimize the effectiveness of proposed mitigation. 5.3 The overall conclusion of the Environmental Statement is that there would be generally be slight to moderate adverse effects on the local environment. 5.4 In my opinion the overall conclusion of the Environmental Statement is correct. Mrs Wendy Bateman / March of 9