Representation by Environment Agency (Environment Agency)
- Date submitted
- 5 July 2024
- Submitted by
- Members of the public/businesses
The Planning Inspectorate Our Ref: SO/2023/123759/04 Your Ref: TR010064 Date 5 July 2024 Dear Sir/Madam APPLICATION FOR PRE-EXAMINATION - M60/M62/M66 SIMISTER ISLAND RELEVANT REPRESENTATION – DEVELOPMENT CONSENT ORDER (DCO) PRE-EXAMINATION (Ref: TR010064) Thank you for the opportunity to provide comments for the M60/M62/M66 SIMISTER ISLAND Development Consent Order (DCO) Pre-Examination (Ref: TR010064) These Relevant Representations contain an overview of the project issues which fall within our remit. They are given without prejudice to any future detailed representations that we may make throughout the examination process. We may also have further representations to make when supplementary information becomes available in relation to the project. We have reviewed the DCO, Environmental Statement (ES) and supporting documents submitted to the Planning Inspectorate as part of the above-mentioned application. Summary of Environment Agency position FIRST ITERATION ENVIRONMENTAL MANAGEMENT PLAN We welcome the 1st Iteration Environmental Management Plan and the associated Annexes intended to be produced at the detailed design stage. The EA would like to be consulted on the 2nd iteration Environmental Management Plan for matters within our role and remit. Contaminated Land and Groundwater Environmental Statement Chapter 9 – Geology and Soils Northern Area The drift geology in this area consists of Till Devensian – Diamicton classed as a secondary (undifferentiated) aquifer with local Peat deposits. The glacial Till deposits are classed as a secondary (undifferentiated) aquifer, this has been assigned in cases where it has not been possible to attribute either category A or B to a rock type. In the case of these glacial Tills in this area we are aware that sand bands may exist which can provide a source of water. The investigation has proven groundwater exists within the till, we do not have detailed logs to get further information, but it would be likely that the Till would class as a secondary A aquifer. These deposits are underlain by Pennine Middle Coal Measures - Mudstone, Siltstone and Sandstone. Classed as a Secondary A aquifer these comprise permeable layers that can support local water supplies, and may form an important source of base flow to rivers. Southern area The southern half of the site which will be developed by new road connections bypassing junction 18 of the M60, is underlain again by The glacial Till deposits which are classed as a secondary (undifferentiated) again where sand bands may exist which may be Secondary A or B aquifers. Glaciofluvial Ice Contact Deposits, Devensian - Sand and Gravel and Peat deposits are also present in this area. These are both classed as Secondary A Aquifers. The bedrock in this area is mapped as Chester formation – Sandstone. This is classed as a Principal aquifer. The site investigation has proven a shallow groundwater body in the Till deposits. This is based on the groundwater monitoring data with no access to detailed logs or surveyed in levels. The investigation has proven groundwater exists within the till, we do not have detailed logs to get further information, but it would be likely that the Till would class as a secondary A aquifer. We have limited data for the southern part of the site and in particular the principal aquifer here but it is likely to be highly vulnerable given the context. Table 4.1 of the groundwater assessment notes where the anticipated maximum excavation depths exceed the anticipated groundwater depths. There is no information on where this is calculated from and further information about this is required which we understand will be provided following further investigation and assessment work. It would appear on a cursory glance with limited information (i.e. no detailed logs with surveyed in levels) that there are two distinct groundwater bodies, one in the shallow superficial deposits and one in the deep bedrock aquifer. While it is unlikely that the deeper groundwater will be impacted there is a high likelihood that the shallow aquifer will be intercepted at several locations. We welcome the acknowledgment to obtain consents and licences for proposed dewatering in these locations if required. The conceptual models have shown that there are connections with the groundwater dependent terrestrial ecosystems as shown in the report. The HERWAT assessment considered in Appendix 13.2: Water Quality Assessment Report of the Environmental Statement Appendices (TR010064/APP/6.3) does not look at impacts to groundwater. If any changes are made and discharges are to be made to groundwater, then a water quality assessment must be completed in line with the SUDS manual (C753) to determine the risks and mitigations required for groundwater quality. This is especially important because of the presence of nearby groundwater dependant terrestrial ecosystems. We note under Chapter 9 (Geology and Soils) of the Environmental Statement that there is an intention to produce a Detailed Quantitative Risk Assessment (DQRA) to establish risks of contamination from the proposed development to ‘controlled waters’. Following the production of this report, it will be identified whether remedial works are required. We would advise that the EA would like to be consulted on such details, including additional supplementary investigation works; risk assessment; options appraisal and remedial approach; and validation plan prior to the commencement of development to ensure proposals are appropriate from a ‘controlled waters’ perspective (i.e. DCO requirement). If remedial works are required, we advise a verification report demonstrating the success of the remediation undertaken is submitted for approval. We also welcome the intention to produce a Piling Risk Assessment to ensure the protection of ‘controlled waters’ prior to any intrusive foundation / piling works being undertaken. The EA would request this information is submitted for approval prior to piling works being undertaken. We will continue to work with the applicant and their consultants on the Groundwater and Contaminated Land matters raised in our relevant representations. We recommend that developers should: • Follow the risk management framework provided in Guidance on Land contamination risk management (LCRM), when dealing with land affected by contamination • Refer to our Guiding principles for land contamination for the type of information that we require in order to assess risks to controlled waters from the site - the local authority can advise on risk to other receptors, such as human health • Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed • Refer to the contaminated land pages on gov.uk for more information All investigations of land potentially affected by contamination should be carried out by or under the direction of a suitably qualified competent person and in accordance with BS 10175 (2001) Code of practice for the investigation of potentially contaminated sites. ENVIRONMENTAL STATEMENT Chapter 13 – Road Drainage and the Water Environment Water Quality We welcome the surface water baseline information provided in Chapter 13 of the ES, which identifies several main rivers; ordinary watercourses; minor and unnamed ditches; and other water bodies within the study area. We note in paragraph 13.7.8, the water quality of certain watercourses and waterbodies identified are unknown, whereby receptors are likely to be influenced by a range of sources within its locality (i.e. surrounding land uses; surface water runoff; road drainage; sewerage misconnections; nutrient inputs from agriculture and golf courses; accidental spillages and unlicensed discharges). We advise surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management (SuDS). As well as reducing flood risk, this promotes groundwater recharge, helps absorb diffuse pollutants, and improves water quality. We encourage the applicant to seek opportunities to improve water quality discharges as part of their road drainage, where possible. The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (WFD Regulations) and associated Northwest River Basin Management (RBMP) also require that all water bodies are protected from deterioration and pollution whilst advocating the restoration and enhancement of water bodies to promote recovery. Sylvia Whittingham Environment Agency Sustainable Places Advisor