A465 Heads of the Valleys Dualling Sections 5 and 6 ...bailey.persona-pi.com/Public-Inquiries/A465-English... · Assessment (DD 11.3.38). 3.6 At the end of Stage 1 of the AIES, and

A465 Heads of the Valleys Dualling

Sections 5 and 6 Dowlais Top to Hirwaun

PROOF OF EVIDENCE:

Environmental Co-ordination and Nature Conservation

Document WG 1.7.1

By:

Mrs Wendy Bateman

BSc (Hons) MCIWEM CEnv MRSB CBiol

March 2018

CONTENTS Page No.

1 Personal Statement .................................................................................... 1

2 Scope and Structure of Proof of Evidence .................................................. 5

3 Environmental Assessment, Assessment of Implications on European Sites and Environmental Co-ordination ...................................................... 6

4 Key Features of the Environmental Design .............................................. 11

5 Nature Conservation – Key Issues ........................................................... 15

6 Marsh Fritillary .......................................................................................... 18

7 Lesser Horseshoe Bat .............................................................................. 21

8 Lapwing .................................................................................................... 22

9 Tir Mawr a Dderi Hir SSSI ........................................................................ 23

10 Ancient Woodland .................................................................................... 24

11 Protected Species Legislation Compliance .............................................. 26

12 Conclusions .............................................................................................. 27

13 Declaration ............................................................................................... 29

Appendix A Legislation and Policy Context Appendix B Summary of Consultation undertaken during the environmental

assessment process Appendix C Summary of Ecological Enhancements delivered by culverts

A465 Sections 5 and 6: Dowlais Top to Hirwaun Proof of Evidence Environmental Coordination and Nature Conservation

Mrs Wendy Bateman / March 2018 1 of 29

1 Personal Statement

1.1 I am Wendy Bateman. I am a Divisional Director for Jacobs

Engineering UK Ltd, a multi-disciplinary engineering and

environmental consultancy. The opinions expressed in this

document are my own. I have been assisted by colleagues from

within the project team in the various tasks that are reported in this

proof.

Qualifications and Experience

1.2 I am professionally qualified as an Ecologist and have been a

Member of the Institute of Biology, Chartered Biologist (CBiol) since

1996 and a Member of the Chartered Institute of Water and

Environmental Management (MCIWEM) since 1998. I became a

Chartered Environmentalist (CEnv) in 2005.

1.3 For the last 25 years I have been working on Highways and other

major infrastructure development projects requiring environmental

impact assessment and assessment of implications on European

sites. I have been working on the wider A465 Heads of the Valleys

Dualling Scheme since 2014 and specifically on Sections 5 and 6

since 2015.

1.4 For the past 10 years I have led teams that have completed

Environmental Impact Assessments, Assessments of Implications on

European Sites and other consenting phase support documents for

a number of major infrastructure schemes in Wales, England and the

Republic of Ireland, across the highways, rail, energy and utilities

sectors. In my current Role as Resource Manager for the Jacobs



Ecology Discipline, I am a Senior Manager in the Ecology discipline

responsible for day to day business management, strategic business

planning and the wellbeing of over 100 members of staff.

1.5 I have been the Nature Conservation Expert Witness for two transport

schemes in Wales and the Republic of Ireland over the past 10 years;

N21 Adare Bypass, Co Limerick and the Cross Hands Economic Link

Road Phase 1 Carmarthenshire. I have been the Environmental Co-

ordination and Nature Conservation Expert Witness on another

scheme in Wales during that period; the A470 Cwm-bach to

Newbridge-on-Wye. Earlier in my career, as Lead or Deputy Lead

Ecologist, I contributed to the Nature Conservation proofs of evidence

for the A421 Great Barford Bypass in 2002 and the M4 Widening J29-

32 scheme in 2006.

1.6 Of particular relevance to the issues discussed in my proof is the

experience gained delivering various commissions for

Carmarthenshire Council between 2009 and 2014, including strategic

Habitats Regulations Assessment in support of their Local

Development Plan, where the Caeau Mynydd Mawr SAC for marsh

fritillary butterfly was a key issue. In addition, I developed

Supplementary Planning Guidance (SPG) for the Cross Hands

Growth Area in relation to Caeau Mynydd Mawr SAC and marsh

fritillary butterfly habitat. Subsequently, with these strategic

documents in place, I managed the delivery of a number of project

level Habitats Regulations Assessments relating to the Caeau

Mynydd Mawr SAC and ecological impact assessments that included

mitigation design to deliver marsh fritillary butterfly mitigation. Jacobs

was not involved in the subsequent construction phase delivery or

post construction monitoring of the marsh fritillary habitat created but

initial indications are that the approach has been successful.



[pers.comm. Amanda Evans, Carmarthenshire County Council,

2016]

1.7 I was the Lead Ecologist for the Electricity Alliance South West for

the Rhigos Sub station upgrade project in 2013/14, located in close

proximity to the A465 dualling, where translocation of devil’s bit

scabious was a key element of the mitigation solution for marsh

fritillary butterfly. Initial during and post-construction monitoring by

others has indicated that this approach was successful [pers.comm.

Peter Sturgess, 2016].

1.8 I am the Environmental Coordinator for the A465 Sections 5 and 6

Heads of the Valleys Dualling Scheme and my role is to:

i. Coordinate activities of environmental specialists in the design

of the Scheme and in producing the key environmental

deliverables, including the Environmental Statement and

Environmental Masterplan (EMP).

ii. Coordinate meetings, consultations and liaison on

environmental aspects of the Scheme.

iii. Prepare and maintain the Outline Design Phase Construction

Environmental Management Plan (CEMP).

iv. Ensure compliance with environmental legislation and quality

standards.

v. Advise on Outline Construction Method Statements and

proposed construction Programmes with respect to

environmental considerations.



1.9 The nature conservation assessment reported in the 2017

Environmental Statement (DD 2.2.21) and the March 2018

Environmental Statement Supplement was prepared by Ms Laura

Gore, a Member of the Chartered Institute of Ecology and

Environmental Management (MCIEEM) and a Chartered

Environmentalist (CEnv). She was assisted by a number of specialist

ecologists. Factual survey reports are included as Appendices within

the Environmental Statement, Volume 2 (DD 2.2.22, 2.2.23, 2.2.24

and 2.2.25). Although the nature conservation assessment and

mitigation work has been carried out by a team of specialists, I take

ownership of the results described below and the opinions given are

my own.

1.10 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 and Structure of Proof of Evidence

2.1 My proof of describes:

i. The process of environmental assessment and assessment of

implications on European sites that has been undertaken;

and,

ii. the nature conservation assessment for the Scheme.

2.2 Construction related issues are described in the proof of evidence by

Mr Matthew Robinson (WG 1.6.1). My proof makes reference to the

Outline Construction Environmental Management Plan (CEMP) (DD

6.2.20) and Register of Environmental Actions and Commitments

(REAC) (DD 6.2.21)

.



3 Environmental Assessment, Assessment of Implications on European Sites and Environmental Co-ordination

3.1 The Environmental Assessment was published in the Environmental

Statement in July 2017 and was completed in line with extant

legislation and good practice guidance.

3.2 The publication of the ES was the culmination of 21 months’ work by

the environmental team. The impact assessment focused on

features or receptors undergoing significant impacts only, in line with

the legislation. Overall, with mitigation in place, the residual

environmental effects are considered to be slight to moderate

adverse. In my professional opinion, the overall conclusion of the

July 2017 ES is correct.

3.3 A significant element of the environment team’s work throughout

these 21 months was close collaboration with the Jacobs engineering

design team and key stakeholders, including the Design Commission

for Wales, the three local authorities, Natural Resources Wales,

CADW and Brecon Beacons National Park. This enabled the

development of the environmental design and Environmental

Masterplan (Environmental Statement Volume 4) (DD 2.2.27) that

was sympathetic to the receiving landscape and biodiversity

environment, whilst ensuring maximum opportunities for both drivers

and non-motorized users to enjoy the landscape, ecological and

cultural heritage splendour of the area. My colleagues Mr Rupert

Lovell and Mr Jonathan Mullis detail Landscape and Cultural Heritage

issues respectively in their proofs of evidence (WG 1.10.1, WG

1.11.1). Mr Anthony Kernon discusses farming impacts in his proof

of evidence and he also contributed to the Communities and Private

Assets Chapter of the ES (WG 1.13.1).



3.4 Evidence of the collaboration that took place to develop the

environmental design and mitigation is presented in Appendix A.

3.5 In parallel with the ES, an Assessment of Implications on European

Sites (AIES) was completed, as reported in the Stage 1 Screening

document (DD 11.3.35) and the Statement to Inform the Appropriate

Assessment (DD 11.3.38).

3.6 At the end of Stage 1 of the AIES, and after consultation with NRW,

two sites were considered likely to endure significant effects due to

the proposed Scheme and so were screened in to the next stage of

the process. These sites were Blaen Cynon SAC, approximately 55

m to the north west of the Scheme at Hirwaun, and Usk Bat Sites

SAC, approximately 9.2 km to the north east of Dowlais Top.

3.7 The conclusion of the Stage 2 AIES process was that there would be

no significant impacts on either the Blaen Cynon SAC or the Usk Bat

Sites SAC. The details of the assessment process and proposed

mitigation that led to this conclusion are provided later in this proof.

3.8 This project was one of the first trunk road schemes in Wales to

proceed through Outline Design and Environmental Assessment

phase following the Well Being of Future Generations Act (Wales),

2015, coming into force. Throughout the development of the

environmental assessment and environmental design, my team has

given cognizance to this new legislation in terms of the design

decisions made. As part of the design and assessment process, the

level of collaboration we have sought with key stakeholders has been

extensive and in the spirit of this legislation, as well as that already



required by the environmental impact assessment and habitats

directive legislation.

3.9 In addition, we have published a Sustainable Development Report

and a Supplement to the Sustainable Development Report. My

colleague Ms Voirrey Costain’s Proof of Evidence (WG 1.12.1) deals

with the Sustainable Development work we have completed.

3.10 Alongside the ES and SIAA, a Register of Environmental Actions and

Commitments (REAC) (DD 6.2.21) was developed in order to ensure

an accessible database record was kept that would be carried

through to future Scheme stages to form part of the Contract

documentation and schedules of requirements placed on the

Contractor. The aim of compiling the REAC is to facilitate

deliverability of the designed mitigation measures and commitments

agreed at consenting stage, to minimize the risk of issues falling

through gaps and not being addressed during the construction phase.

In addition, it is a public commitment by Welsh Government as to the

environmental safeguards and measures which would be adhered to

should the Scheme be implemented.

3.11 The other key document that has been developed by my team is an

Outline Construction Environmental Management Plan (DD 6.2.20).

This is referenced in the topic construction phase assessments

throughout Environmental Statement Volume 1 (DD 2.2.21) and

details, at consenting stage, the approach to environmental

management during the construction phase. This would form part of

the Contract documentation and would be developed as required by

the successful Contractor on award of the Contract. The construction

phase assessments reported in Environmental Statement Volume 1

(DD 2.2.21) assumed worst case scenarios for the types of

construction plant, machinery and working methods that would be



deployed. The advice on the likely working methods, construction

plant and machinery was provided by my colleagues Mr Matthew

Robinson and his team. Mr Robinson’s proof of evidence covers

Constructability (WG 1.6.1).

3.12 In addition to the Environmental Statement published in July 2017, a

Supplement to the Environmental Statement was published in March

2018 (DD 2.4.1, DD 2.4.2 and DD 2.4.3). The main driver for this

Supplement was a change in guidance from the Department for

Transport that necessitated the need for the traffic model to be re-run

using a different methodology. The proof of evidence of Mr Dudley

Morrell (WG 1.4.1) provides more detail on this issue. This in turn

resulted in the need for the air quality and noise assessments to be

re-done in line with the new traffic model. The proofs of evidence of

my colleagues Dr Hazel Peace (WG 1.9.1) and Mr Andrew Clarke

(WG 1.8.1) refer to the air quality and noise assessments

respectively.

Consultation

3.13 There was consultation with the following stakeholders primarily via

Technical Working Groups (TWGs) and Environmental Liaison Group

(ELGs):

a) Welsh Government;

b) Natural Resources Wales (NRW);

c) Local Authorities – Rhondda Cynon Taf CBC, Merthyr Tydfil

CBC and Caerphilly CBC;

d) Brecon Beacons National Park Authority;

e) NMU Groups

f) the Design Commission for Wales

g) South and West Wales Wildlife Trust;

h) South Wales Trunk Road Agency;

i) Royal Society for the protection of Birds (RSPB); and



j) Butterfly Conservation.

3.14 Appendix B summarises the consultation undertaken. Minutes and

actions from each of the ELG and TWG are provided in

Environmental Statement, Volume 2, Appendices 6A and 6B (DD

2.2.22).



4 Key Features of the Environmental Design

4.1 Environmental design principles were established during the early

stages of design development, the Outline design process, as set out

in the Environmental Statement Volume 4 (Environmental

Masterplan) (DD 2.2.27). Part of the design development process,

as set out in Environmental Statement, Volume 1, Chapter 5 (DD

2.2.21), details alignment changes to avoid or reduce the potential for

likely significant effects, specifically to minimise land take from key

sites and habitats and the use of clear span structures to cross larger

watercourses.

4.2 Embedded mitigation is also an integral part of the Scheme design

development to date and these include (full details provided in ES,

Volume 2, Appendix 11M (DD 2.2.24) and in ES Volume 1 Chapter

5: Scheme Description) (DD 2.2.21):

a) lighting design to reduce spill on surrounding environments;

b) design of a SuDS based road drainage system to collect and

attenuate the road drainage prior to discharge;

c) an outline Construction Environmental Management Plan

(CEMP) which includes details of the measures to be employed

to minimise adverse effects on air quality, noise and vibration,

traffic and water quality; and

d) commitments to comply with best practice guidelines on

environmental protection during future Scheme phases, for

example CIRIA C741 - Environmental Good Practice on Site (4th

Edition) (DD 5.1.24), CIRIA C532 - Control of Water Pollution



from Construction Sites (DD 17.2.13) and CIRIA C648 - Control

of water pollution from linear construction projects (DD 17.2.14).

Key Enhancements Proposed

4.3 A full list of enhancement features of the Scheme is detailed in

Environmental Statement, Volume 1, Section 11.12 (DD 2.2.21).

4.4 Minor watercourses crossed by the proposed Scheme are either

already culverted or would be culverted as detailed in Appendix C.

4.5 A total of 41 culverts would be provided: 22 existing retained

structures that would be extended or replaced, plus 19 new culverts.

4.6 10 of the 22 existing retained structures would be extended only, and

the existing diameter retained, resulting in no net increase in species

commuting or connectivity opportunities. However, the 12 remaining

existing structures would be replaced with wider diameter and longer

structures, and 19 new, wide diameter structures, total 31 structures,

would represent an overall significant increase in commuting and

connectivity opportunities for species over that which is provided in

the existing baseline. Even where a dry ledge feature has not been

proposed, the majority of culverts would still be available for otter,

badger and other species use when dry. The majority of existing and

proposed new culverts are also of sufficient diameter width to be

suitable as a bat flight line in wet or dry conditions.



4.7 The existing or proposed new culverts are located on the key wildlife

commuting and foraging routes identified i.e. watercourses,

hedgerows or woodland belts. Additional planting would be provided

as part of the proposed Scheme to direct mobile species towards their

entrances.

4.8 Other enhancements that would be delivered as part of the proposed

Scheme are:

(i) improved and safer provision for Non-motorised Users

(NMUs);

(ii) reduced pollution risks to the aquatic environment; and,

(iii) reduced flooding risks to 195 properties

.

Environmental Management during Construction

4.9 Commitments made in the Environmental Statement, REAC and in

consultation with landowners, residents and consultees would be

carried through to future Scheme phases - detailed design,

construction and routine maintenance. Furthermore, construction

and operation of the Scheme would be carried out in a manner that

is compliant with environmental legislation and the conditions of any

formal approvals, consents, permits and licences.

4.10 The Contractor’s key documents for environmental management

during construction would be the CEMP and Register of Actions and

Commitments (REAC). Outline draft CEMP and REAC documents

have been developed at Environmental Statement Stage (DD 6.2.20

and DD 6.2.21).



4.11 The Outline draft CEMP and REAC would be updated prior to the

start of the construction phase. These would be live documents and

would be updated as appropriate to include any new commitments,

design changes, staff changes, new environmental legislation or

standards.



5 Nature Conservation – Key Issues

5.1 The Scheme has the potential to impact on a number of key

ecological resources. These are covered within my proof as follows:

(i) Marsh fritillary (Euphydryas aurinia);

(ii) Lesser horseshoe bat (Rhinolophus hipposideros);

(iii) Lapwing (Vanellus vanellus);

(iv) Tir Mawr a Dderi Hir Site of Special Scientific Interest (SSSI);

and,

(v) Ancient woodland.

5.2 The key legislation and policy regarding nature conservation are

summarised in Appendix A.

Assessment Process and Methodology

5.3 In addition to the legislative requirements and policy documents

detailed in Appendix A, cognizance was given to the following

guidance:

(i) Guidelines for Ecological Impact Assessment in the United

Kingdom and Ireland; Terrestrial, Freshwater and Coastal

(DD 11.2.15);

(ii) Design Manual for Roads and Bridges (DMRB) Volume 11,

Section 2, Part 5, HA 205/08: Assessment and

Management of Environmental Effects (DD 5.1.4);

(iii) Design Manual for Roads and Bridges (DMRB) Volume 11,

Section 3, Part 4: Ecology and Nature Conservation (DD

11.2.4); and

(iv) Interim Advice Note 116/08 (W) Nature Conservation in

Relation to Bats (DD 11.2.10).



5.4 The ecological impact assessment followed the criteria outlined in

IAN 130/10 Ecology and nature conservation: criteria for impact

assessment (DD 11.2.8).

Statement to Inform the Appropriate Assessment

5.5 The Statement to Inform Appropriate Assessment (SIAA) was

prepared to provide information to the Welsh Ministers on the

implications of the Scheme on the marsh fritillary butterfly qualifying

feature of the Blaen Cynon SAC and the lesser horseshoe bat

qualifying feature of the Usk Bat Sites SAC. Likely significant effects

on these qualifying features were identified in the Stage 1 Screening

report (DD 11.3.95). The Stage 2 assessment process was reported

in the SIAA (DD 2.2.18).

5.6 The assessment was undertaken as per the process set out in DMRB

HD 44/09 Assessment of implications (of highways and/or roads

projects) on European sites (including appropriate assessment) (DD

11.2.7).

Baseline and Surveys

5.7 The baseline was identified by means of desk study and field surveys.

5.8 Baseline surveys of nature conservation features were undertaken in

2015 and 2016 with reference to best practice survey guidelines

applicable at that time. Surveyors were suitably qualified in the

relevant discipline and were supervised by senior professional staff.

Survey reports were prepared and submitted as the appendices to

the Environmental Statement, Volume 2, Appendices 11E, 11F, 11G

and 11H (DD 2.2.24).



5.9 Surveys for marsh fritillary and marsh fritillary habitat condition have

been undertaken by Jacobs on an annual basis since 2009. The

assessment of impacts on marsh fritillary habitat was based on the

data collected in 2016 which are reported in Environmental

Statement, Volume 2, Appendix 11I (DD 2.2.24).

5.10 The methods used to carry out the field survey of the ecological

features within their respective study areas are set out in

Environmental Statement, Volume 1, Table11.6. The results of the

field surveys informed both the impact assessment reported in the

ES and the SIAA.



6 Marsh Fritillary

6.1 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) isolation of approximately 2.19ha of marsh fritillary habitat at

the Hirwaun off-line section (considered as habitat loss);

(ii) potential habitat degradation caused by vehicular emissions

during operation of the completed Scheme; and,

(iii) 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.

6.2 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

8.65 ha.

6.3 An area of approximately 14.4ha at Llwydcoed Slopes would be

purchased and specifically managed to benefit marsh fritillary.

Llwydcoed Slopes would undergo:



(i) translocation of grassland turfs of suitable and good

condition for marsh fritillary from under the footprint of the

Scheme;

(ii) planting with nursery grown devil’s-bit scabious

Succisa pratensis plants (preferred marsh fritillary food

source), using seed of local provenance; and

(iii) appropriate, long term, management of the land to

create structural diversity suitable for the different life stages

of the species.

6.4 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) 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.

6.5 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

2.2.22).

6.6 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.

6.7 The principle adopted for mitigation design / land acquisition was that

there should be no net 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 13.78 ha more than what would be lost.



7 Lesser Horseshoe Bat

7.1 The limestone cliff faces and caves within Taf Fechan Gorge support

lesser horseshoe bat hibernation roosts. The proposed widened

bridge over the Taf Fechan Gorge would require the construction of

large foundation blocks to support a steel arch causing direct damage

to both confirmed and potential roosting features. A karst protocol

would be developed to minimise effects on limestone features during

the construction phase. Twelve artificial pipe bat roosts would be

incorporated into new structure abutments to replace any roosts lost

and provide additional roosting opportunities during the operational

phase of the proposed Scheme.

7.2 Timing of construction works would be restricted at the Taf Fechan

structure widening to avoid disturbance to hibernating lesser

horseshoe bats in the Taf Fechan gorge. No construction work on the

Taf Fechan structure would be permitted during the sensitive

hibernation period: 15 December to 31 March, inclusive.



8 Lapwing

8.1 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 each1. 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. There has been positive indication of success in the form

of evidence of lapwing breeding on the mitigation land provided on

Section 2, within 2 years of the mitigation site being established (DD

11.3.112).

8.2 The primary mitigation measure to minimise disturbance of breeding

adults and direct mortality of eggs and / or chicks is to avoid all

clearance and construction works on Dowlais Top between March

and July, inclusive. This has been specified in the Outline Design

Stage CEMP (DD 6.2.20), REAC (DD 6.2.21) and contract

documentation.

1



9 Tir Mawr a Dderi Hir SSSI

9.1 The direct loss of approximately 2.07 ha of habitat from the Tir Mawr

a Dderi Hir SSSI would be mitigated by:

(i) reinstatement and enhancement of the new soft estate within

the SSSI boundary (approximately 1.83 ha);

(ii) 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

(iii) enhancement of the proposed grassland area using soil

salvage and seed harvest from the SSSI.

9.2 The air quality assessment reported in the March 2018

Environmental Statement Supplement confirmed impacts to the

botanical SSSIs but at a reduced magnitude to that previously

assessed in the July 2017 Environmental Statement. Therefore, the

impact assessment reported in the July 2017 Environmental

Statement was the worst case scenario. See also the Proof of

Evidence by Dr Hazel Peace (WG 1.9.1).



10 Ancient Woodland

10.1 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.

10.2 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 in receptor sites is negligible.

10.3 Table 1 summarises the land acquired for mitigation for these key

nature conservation features.



Table 1 - Summary of land acquired for mitigation

Likely significant

effect

Approximate area lost

(ha)

Mitigation site

name

Approximate area (ha) of

mitigation site

Loss of marsh

fritillary habitat

8.05

(3.45 – good quality;

and

4.6 – suitable condition)

Llwydcoed slopes

14.4

Plus approximately

8.03 ha marshy

grassland and devil’s-bit

scabious seeding

located within the new

soft estate – totalling

22.43 ha

Potential degradation

of marsh fritillary

habitat

0.6

sub-total: 8.65

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



11 Protected Species Legislation Compliance

11.1 Impacts on the majority of protected and controlled species present

in the proposed Scheme study area were assessed as not significant

in terms of the EIA Regulations. However, potential contravention of

protected and controlled species legislation was addressed in

Environmental Statement Volume 2 Appendix 11B (DD 11.2.22).

11.2 Environmental Statement, Volume 2, Appendix 11B (DD 11.2.22)

provides a summary of the protected and controlled species present

in the vicinity of the Scheme and reviews the legal offences that the

proposed Scheme is at risk of breaching. Protected species relevant

to the Scheme are: marsh fritillary; bats; otter; great crested newt;

badger (Meles meles); reptiles; birds; and freshwater fish. Controlled

species relevant to the proposed Scheme are Japanese knotweed

(Fallopia japonica); Himalayan balsam (Impatiens glandulifera); wall

cotoneaster (Cotoneaster horizontalis); and Japanese rose (Rosa

rugose).

11.3 Environmental Statement, Volume 2, Appendix 11B (DD 11.2.22)

sets out the steps to avoid committing offences under the legislation.

The mitigation measures that are included are in addition to those

outlined in the ES. These measures are included within the Outline

Design Stage CEMP (DD 6.2.20) and REAC (DD 6.2.21).

11.4 Pre-construction surveys would be a contractual requirement and

would be undertaken to update all baseline information. These would

inform any method statements and licensing required to minimise the

risk of offences being committed under nature conservation

legislation during the construction phase.



12 Conclusions

12.1 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.

12.2 Enhancements delivered by the proposed Scheme are:

(i) 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;

(ii) improved safe provision for non-motorised Users (NMUs);

(iii) reduced pollution risks to the aquatic environment; and

(iv) reduced flooding risks to 195 properties.

12.3 The Scheme has the potential to impact on a number of ecological

features. The key issues have been identified within this document

and in my professional opinion the proposed mitigation measures

would avoid or reduce the impacts.

12.4 The identified adverse effects of the Scheme would be mitigated

through the creation of a diverse mosaic of habitats on the new soft

estate. In addition, mitigation would be provided by the additional

targeted mitigation sites for marsh fritillary, lapwing and ancient

woodland either directly adjacent or in close proximity to the

proposed Scheme. The mitigation measures proposed would result

in an overall increase in area of semi-natural habitat through the

creation of a corridor of high quality ecological habitats. This would

also significantly improve the connectivity between the network of



existing SINCs and SSSIs than is provided by the existing highway

soft estate.

12.5 The mitigation measures proposed would significantly reduce the

adverse effects of the Scheme. However, there would be residual

slight adverse effects on:

(i) Ancient Woodland Inventory Sites due to loss and

irreplaceable nature of this habitat; and

(ii) lapwing due to the loss of existing breeding habitat.

12.6 In my professional opinion the conclusions of the Environmental

Statement and Environmental Statement Supplement are correct.



13 Declaration

13.1 My Proof of Evidence includes all facts which I regard as being

relevant to the opinions which I have expressed and the Inquiry’s

attention has been drawn to any matter which would affect the validity

of that opinion.

13.2 I believe the facts I have stated in this Proof of Evidence are true and

that the opinions expressed are correct.

13.3 I understand my duty to the Inquiry to assist it with matters within my

expertise and I believe that I have complied with that duty.


Appendix A – Legislation and Policy Context

The design and construction of the Scheme would have due regard to the

following UK legislation:

(i) Conservation of Habitats and Species Regulations 2017;

(ii) Wildlife and Countryside Act 1981 (as amended);

(iii) Environment Wales Act 2016;

(iv) Protection of Badgers Act 1992;

(v) Countryside and Rights of Way Act 2000;

(vi) The Eels (England and Wales) Regulations 2009;

(vii) Salmon and freshwater Fisheries Act 1975 (as amended); and

(viii) The Water Environment (Water framework Directive) (England and

Wales) (Amendment) Regulations 2016.

The key policy documents applicable to the nature conservation assessment

of the Scheme are:

(i) Planning Policy Wales, 9th edition (WG 5.1.20);

(ii) Technical Advice note 5 – Nature Conservation and planning (WG

11.2.11);

(iii) The Nature Recovery Plan for Wales: Setting the course for 2020

and beyond (WG 11.2.12);

(iv) Action Plan for Pollinators in Wales (WG 11.2.27);

(v) One Wales: Connecting the Nation – The Wales Transport Strategy

(WG 6.1.2);

(vi) Local Development Plans from Rhondda Cynon Taff (WG 5.1.9),

Merthyr Tydfil (WG 5.1.6), Brecon Beacons National Park (WG

5.1.2) and Caerphilly (WG 5.1.3) local authorities;

(vii) UK Post-2010 Biodiversity Framework (WG 11.3.41);

(viii) Trunk Road Estate Biodiversity Action Plan (WG 11.2.9);

(ix) Local Biodiversity Action Plans from Rhondda Cynon Taff (WG

11.2.26), Merthyr Tydfil (WG 11.2.24), Brecon Beacons National

Park (WG 11.2.13) and Caerphilly (WG 11.2.2) local authorities.

(x) Welsh Government (2017) Natural Resources Policy (WG 11.2.47)


Appendix B – Summary of Consultation undertaken during the environmental assessment process

Date Report / meeting

Summary of key discussion points

19 November 2007

Meeting with Welsh Government

Agreed that a long-term monitoring programme of marsh fritillary was required in the proposed Scheme area to provide a robust baseline to make an assessment of likely significant effects.

18 February 2008

Meeting between Jacobs and Countryside Council for Wales (now NRW)

Agreement on appropriate methodology for monitoring of the marsh fritillary population and the development of the proposed monitoring programme. [The Monitoring programme for marsh fritillary butterfly started in 2008 date has been updated on an annual basis since then].

1 December 2015

Environmental Liaison Group (ELG) 1

Jacobs presented outline environmental constraints information based on the 1997 outline scheme design.

Air Quality – Assessment to be based on Scheme specific traffic model.

Landscape – Lighting to be restricted to junctions where possible. Avoidance of soil nailing at A470 junction.

Nature conservation – identification of designated sites, habitats and species that could be impacted by the Scheme.

People and communities – Public liaison officer to be appointed. Discussion on translocation of memorial tree, state of existing cycle paths and need for consideration on closure of Swansea Road.

Land take – Lessons learnt from other sections of A465 dualling.

Road drainage and water environment – Construction phase mitigation. Provision of a WFD report.

13 January 2016

Landscape TWG

The viewpoints to be considered in the EIA were discussed with suggestions from Rhondda Cynon Taff County Borough Council (RCT CBC) being taken forward. The implications of the Brecon Beacon Dark Sky Initiative were discussed and the methodology for assessing the impact of the proposed Scheme on the night sky was agreed. It was




agreed that LANDMAP landscape character assessments should be used and that the Upper Rhymney Valley Special Landscape Area should be taken into account. Attended by Brecon Beacons National Park (BBNP), NRW and RCT CBC.

27 January 2016

Flood and drainage TWG

Discussion of the proposed drainage design and flood assessments required. Attended by NRW, Merthyr Tydfil County Borough Council (MT CBC) and RCT CBC.

3 February 2016

Nature Conservation TWG

Proposed habitat suitability assessment survey for marsh fritillary within areas 2 km from SAC. Established principle of larger single block of land to be acquired for marsh fritillary butterfly mitigation rather than multiple small, scattered areas, to mitigate likely significant effects. Requests to local authorities on previous projects with marsh fritillary mitigation made. Lesser horseshoe bat - Agreement that no construction works to be carried out within the Taf Fechan gorge – all construction to be from existing road level.

18 February 2016

Design Commission for Wales (DCfW) – Design review 1

Design review involved an overview of the design approach being taken and included a physical working model of the A470 junction. Key issues raised included: attention to transitions between townscape and landscape along the route; balance needed between design standards and impacts; attenuation ponds should be integrated into the landscape; uniform approach to structures not appropriate given the changing landscape; importance of community connections; and DCfW supported the approach to design.

9 March 2016


Review and discussion of latest academic literature regarding marsh fritillary. Management options for land to be acquired for marsh fritillary mitigation discussed.

29 March 2016

ELG 2 Junctions – Design proposals discussed. Attenuation ponds to be located as near to carriageway as possible.

Environmental Masterplan – Draft shown to group. Principals discussed, i.e. Section 6 to retain open views.




Discussion of need for Croesbychan junction – prevent congestion and in response to Public Exhibitions in 2015.

The Scheme objectives would be reviewed in the light of new legislation, including the Well-being of Future Generations (Wales) Act 2015 and the Historic Environment (Wales) Act 2016.

Cultural heritage – Construction impacts on Scheduled Ancient Monuments to be considered in more detail.

Lighting – design to consider landscape impacts and impacts on bats.

Rock slopes – Update on geo-technical surveys provided by Jacobs. Further discussion on soil-nailing.

Effects on all travellers - The requirements of the Active Travel (Wales) Act 2013 were discussed in relation to the existing network of cycle paths, as were the potential impacts on the Taff Trail.

29 March 2016


Discussion of the likely effects - marsh fritillary and lesser horseshoe bat in relation to the SIAA.

19 April 2016

Taf Fechan Buildability TWG

Design options for this structure, including the ability to construct, were limited due to significant ecological and cultural heritage constraints. These constraints, together with the potential impacts on visual amenity, due to the viaducts elevated location, meant that a multi-disciplinary workshop was the most appropriate approach to reaching a preferred option. Attended by Cadw, MT CBC and NRW.

19 May 2016

Design Commission for Wales – Design review 2

An update of the Scheme was provided by the project team and detailed working drawings of the design elements of each of the junctions were presented. Key issues raised included: removing existing boundary landscaping; use of lighting as an attractive feature; minimal fencing to be used around attenuation ponds; design to minimise potential for anti-social behaviour; long range views from Taf Fechan and Taf Fawr structures are important; design for Taf Trail cycle bridge was broadly supported; and the Prince Charles Hospital




junction was not considered ideal, although they appreciated that the area was constrained and options were limited.

14 June and 10 August 2016

John Messenger – NRW (phone calls)

Agreement to changes in scope and focus of bat surveys in the Taf Fechan and Taf Fawr, specifically relating to lesser horseshoe bats.

23 November 2016


Wildlife Trust clarified their access requirements for the Cwm Taf Fechan Woodlands SSSI. Agreement on lapwing mitigation approach – provision of single area of land to be acquired for mitigation. Request for input made to RSPB – response declared ‘no wish to comment’. Agreement on approach to marsh fritillary mitigation of ‘no net loss’ of area of suitable habitat with the increased provision of quality of habitat.

29 November 2016

Flooding TWG - A discussion and progress update on the output of flood modelling, Water Framework Directive compliance and flood compensation. Attended by NRW, MT CBC and RCT CBC.

28 February 2017

ELG 3 Scheme design development discussed and included layby locations and that Croesbychan junction had to be designed to accommodate the Cynon Valley Gateway (Aberdare Bypass).

It was confirmed that access and signage for businesses, farms and community facilities would be maintained throughout construction.

Nature conservation - Jacobs confirmed that approximately 14 ha of land would be acquired for mitigation for marsh fritillary, culverts would be made available for commuting species use, bat mitigation discussed (provision of roosts and timing of works), lapwing mitigation and use of retained soil on the new soft estate for natural plant community regeneration.

Landscape – Gateway feature on A470 junction discussed but agreed that the detailed design of this feature would not progress at this stage. The key strategy for noise mitigation was to minimise the




loss of existing screening vegetation and to add screen planting where needed, though taking into account the need to maintain open views from the road. The existing geology would be used as a feature for Baverstock junction.


Appendix C – Summary of Ecological Enhancements delivered by culverts

Culvert Approximate chainage

Location Existing / proposed

Description Ecological enhancement provided

1 960 Off-line - Pond access track

Existing Retained - no proposed works.

None likely.

2 1200 Off-line - Attenuation pond inlet

Proposed 900 m pipe that is wet most of the time.

Diameter wide enough to be suitable as a bat flight line in wet or dry conditions.

No ledge provided, but in dry conditions, available for otter, badger and other species use.

3 1610 Main line Existing Retained - 1.55 m culvert to be extended.

None likely.

4 1790 Main line and roundabout

Existing Existing 900 mm pipe to be replaced with a 1.5 m x 2 m box culvert.

Evidence of existing use by bats (see Table 11.17).



5 1950 Main line and

Proposed 1.5 m x 2 m box culvert, plus ledge

Diameter wide enough to be suitable as a





roundabout slip roads

that would remain dry in a 1 in 10 year storm event.


bat flight line in wet or dry conditions.

Dry ledge for otter, badger and other species included to allow safe passage in all weather conditions.

6 2070 Off-line - roundabout slip road

Proposed 900 mm pipe.



7 2230 Main line Proposed 1.5 m x 2.7 m box culvert.



8 2930 Off-line – Glanant St culvert

Existing 700 mm pipe - no proposed works

Evidence of existing use

None likely.





by bats (see Table 11.17).

9 3010 Off-line – wind farm access road




10 3300 Main line and roundabout slips

Existing Replace existing 1.5 m pipe with a 2.4 m x 1.2 m box culvert with siphon.


None likely.

11 3600 Main line Existing 900mm pipe to be extended.


None likely.

12 3950 Main line Existing Retain 900 mm pipe that is currently wet but no drainage function






proposed so would become dry.


13 4140 Main line Existing Replace existing 900 mm pipe with a 1.5m diameter pipe.



14 4150 Off-line – Court Farm access


Unlikely to be used as a bat flight line at any time.

In dry conditions, available for otter, badger and other species use.

15 4230 Main line Existing Replace existing 600 mm culvert with a 1.5m diameter pipe.


No ledge provided, but in dry conditions, available for otter, badger





and other species use.

16 4840 Off-line – roundabout slip

Proposed 2.6 m x 2.1 m box culvert, plus ledge that would remain dry in a 1 in 10 year storm event.



17 4850 Off-line – roundabout slip




18 4860 Main line and roundabout slip roads

Existing Replace existing 900 mm pipe with a 2.6 m x 2.1 m box culvert, plus ledge that would remain dry in a 1 in 10 year storm event.


Dry ledge for otter, badger and other species included to allow safe






passage in all weather conditions.


Existing Replace existing 450 mm pipe with a 1.8 m x 1.8 m box culvert, plus ledge that would remain dry in a 1 in 10 year storm event.



20 5970 Main line and attenuation pond access track

Existing Replace existing 1 m pipe with a 2.7 m x 1.8 m box culvert, plus ledge that would remain dry in a 1 in 10 year storm event.

Diameter wide enough to be suitable as a bat flight line in wet or dry conditions


21 6240 Off-line – Nant Moel Reservoir access track



When dry, available for otter, badger





and other species use.

22 6260 Off-line – Stables access track




23 6970 Main line Existing Extend existing culvert (two pipes of 600 mm).

None likely.

24 7450 Main line and roundabout slips roads

Existing Replace existing 900 mm pipe with a 2.1 m x 1.8 m culvert, plus ledge that would remain dry in a 1 in 10 year storm event.



25 7450 Off-line – NMU route

Proposed 1.5 m diameter culvert.


No ledge provided, but in





dry conditions, available for otter, badger and other species use.

26 7540 Off-line – NMU route

Proposed 1.5 m diameter culvert.




Existing Replace 900 mm pipe with a 1.8 m x 1.2 m box culvert, plus ledge that would remain dry in a 1 in 10 year storm event.




28 7760 Off-line – roundabout slip road



Dry ledge for otter, badger and other





species included to allow safe passage in all weather conditions.

29 8260 Off-line – Merthyr Rd

Proposed 900 m pipe. Diameter wide enough to be suitable as a bat flight line in wet or dry conditions.


30 9300 Main line and Swansea Rd

Existing Replace existing 1 m pipe with a 2.1 m x 1.8 m box culvert, plus ledge that would remain dry in a 1 in 10 year storm event.



31 9640 Main line Existing Replace existing 900 mm pipe with a 2.1 m x 1 m box culvert.


No ledge provided, but in dry conditions, available for





otter, badger and other species use.

32 9640 Off-line – Swansea Rd

Proposed 2.1 m x 1 m box culvert.



33 9940 Main line Existing Replace existing 600 mm pipe with a 1.8 m x 1.5 m box culvert.



34 10300 Off-line – Swansea Rd

Existing Retain 600 mm pipe – no proposed works.

None likely.

35 11750 Main line Proposed 1.5 m pipe. Diameter wide enough to be suitable as a bat flight line in wet or dry conditions.

No ledge provided, but in dry conditions,





available for otter, badger and other species use.

36 12650 Off-line – attenuation pond inlet

Proposed 1.5 m pipe. Diameter wide enough to be suitable as a bat flight line in wet or dry conditions.


37 13240 Main line Existing 35 m extension to existing culvert.

None likely.

38 13250 Off-line – roundabout slip road

Proposed 1.5 m pipe on slip road.



39 14860 Main line Existing Retain 460 mm pipe – no proposed works.

None likely.

40 151100 Main line Existing Retain 600 mm pipe – no

None likely.





proposed works.

41 15400 Main line Proposed 2 x 600 mm pipes.

Over-sized culverts not proposed on Health and Safety grounds – existing culverts located immediately adjacent popular recreationally used reservoirs.


13.3.1.1.1.1.1.1.1

Documents

A465 Heads of the Valleys Dualling Sections 5 and 6 ...bailey.persona-pi.com/Public-Inquiries/A465-English... · Assessment (DD 11.3.38). 3.6 At the end of Stage 1 of the AIES, and