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A428 Black Cat to Caxton Gibbet improvements TR010044 Volume 6 6.1 Environmental Statement Chapter 9: Geology and Soils Planning Act 2008 Regulation 5(2)(a) Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 26 February 2021 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Chapter 9: Geology and Soils Infrastructure Planning Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 A428 Black Cat to Caxton Gibbet improvements Development Consent Order 202[ ] Chapter 9: Geology and Soils Regulation Reference: Regulation 5(2)(a) Planning Inspectorate Scheme TR010044 Reference Application Document Reference TR010044/APP/) 6.1 Author A428 Black Cat to Caxton Gibbet improvements Project Team, Highways England Version Date Status of Version Rev 1 26 February 2021 DCO Application Planning Inspectorate Scheme Ref: TR010044 Application Document Ref: TR010044/APP/6.1 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Chapter 9: Geology and Soils Table of contents Chapter Pages 9 Geology and soils 1 9.1 Competent expert evidence 1 9.2 Legislative and policy framework 1 9.3 Assessment methodology 5 9.4 Assessment assumptions and limitations 16 9.5 Study area 16 9.6 Baseline conditions 17 9.7 Potential impacts 42 9.8 Design, mitigation, and enhancement measures 43 9.9 Assessment of significant effects 46 9.10 Monitoring 53 9.11 References 54 Table of Tables Table 9-1: Receptor value (sensitivity) criteria ................................................................... 12 Table 9-2: Magnitude of impact (change) criteria ............................................................... 14 Table 9-3: Significance matrix ............................................................................................ 15 Table 9-4: Geological stratigraphy in the Geology Study Area .......................................... 21 Table 9-5: British Geological Survey ground stability ratings ............................................. 25 Table 9-6: Non-statutory designated sites within the Geology Study Area ........................ 27 Table 9-7: Distribution of ALC grades within the Order Limits ........................................... 29 Table 9-8: Watercourses and their designations identified within the Extended Geology Study Area ......................................................................................................................... 33 Table 9-9: Potential sources of contamination within the Geology Study Area .................. 36 Table 9-10: Description of potential receptors ................................................................... 39 Table 9-11: Potential contamination pathways .................................................................. 40 Table 9-12: Potential contaminant linkages ....................................................................... 41 Table 9-13: Permanent loss of agricultural land classification grades within the Order Limits ................................................................................................................................. 51 Table 9-14: Summary of significant construction effects on geology and soils .................. 52 Planning Inspectorate Scheme Ref: TR010044 Application Document Ref: TR010044/APP/6.1 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Chapter 9: Geology and Soils 9 Geology and soils 9.1 Competent expert evidence This chapter presents the results of an assessment of the likely effects of the Scheme on geology and soils – a collective term used to describe the geological and soil setting and features, including land contamination. The competent expert responsible for the assessment is a Technical Director with AECOM who is a Chartered Engineer (CEng) and a full member of the Geological Society of London (BSc Hons Civil Engineering, MSc Hydrogeology, PhD Groundwater Modelling) MICE (CEng), AIEMA, FGS. They have over 25 years of experience in providing technical expertise and input into Geological, Hydrogeological and Environmental Impact Assessments (EIA) for major infrastructure and linear projects including highways, airports, pipelines, quarries and mines. 9.2 Legislative and policy framework The following legislation and planning policy are of direct relevance to geology and soils and have been considered as part of the assessment. Compliance with statute and policy relating to geology, soils and contaminated land is addressed within the Case for the Scheme [TR010044/APP/7.1]. Legislation Water Framework Directive Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (Ref 9-1) (Water Framework Directive (WFD)) makes provision for the maintenance and improvement of the ‘ecological and chemical status’ of the water environment, which includes surface water and groundwater bodies. As the Scheme has the potential to impact catchments of WFD designated waterbodies – for example through the migration of contaminants – the requirements of the WFD (Ref 9-1) have been considered in the assessment. Drinking Water Directive Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (Ref 9-2) (the Drinking Water Directive) is designed to ensure that drinking water quality is wholesome and clean. It also sets the approach to monitoring water quality and provides both greater access to water and information to citizens. As the Scheme has the potential to impact on the quality of waters (i.e. both groundwater and surface waters) used for drinking water purposes - for example through remobilisation and or migration of contaminants during: a. Excavations. b. Dewatering. Planning Inspectorate Scheme Ref: TR010044 1 Application Document Ref: TR010044/APP/6.1 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Chapter 9: Geology and Soils c. Abstractions. d. Accidental spillages of contaminants/chemicals into surface water bodies or aquifers during construction activities. The requirement of the Drinking Water Directive has been considered in the assessment. Environmental Protection Act 1990 and Part 2A (the Contaminated Land Regime) Legislation relating to contaminated land in the UK is contained within Part 2A of the Environmental Protection Act 1990 (Ref 9-3) (EPA), which was inserted by s57 of the Environment Act 1995 (Ref 9-4) and by s86 of the Water Act 2003 (Ref 9-5) and elaborated upon within The Contaminated Land (England) Regulations 2006 (Ref 9-6) (as amended). Part 2A of the EPA (Ref 9-3) provides a means of dealing with unacceptable risks posed by land contamination to human health and the environment. Sites are identified as contaminated land if they are: causing harm, if there is a significant possibility of significant harm, or if the site is causing, or could cause, pollution of controlled waters (i.e. both surface and groundwater). The content of the EPA (Ref 9-3) has been considered as part of the assessment of contaminated land. Water Act 2003 The Water Act 2003 (Ref 9-5) introduced a revision to the wording of the EPA (Ref 9-3), which requires that if a site is causing or could cause significant pollution of controlled waters, it may be determined as contaminated land. Once a site is determined to be contaminated land then remediation is required to render significant pollutant linkages insignificant (i.e. the source-pathway- receptor relationships that are associated with significant harm to human health and/or significant pollution of controlled waters), subject to a test of reasonableness. Aspects of the Water Act 2003 (Ref 9-5) relating to contaminated land and pollution have been given regard in the assessment. Water Resources Act 1991 The Water Resources Act 1991 (Ref 9-7) is the primary piece of legislation for the protection of water resources. It aims to manage water resources and to prevent and minimise pollution of water by providing statutory protection for controlled waters (i.e. streams, rivers, canals, marine environment and groundwater), and makes it an offence to discharge to controlled waters without the permission or consent of the regulators of these areas. Elements of the Water Resources Act 1991 (Ref 9-7) relating to the control of pollution and abstraction of water resources have been reviewed as part of the assessment. Planning Inspectorate Scheme Ref: TR010044 2 Application Document Ref: TR010044/APP/6.1 A428 Black Cat to Caxton Gibbet improvements Environmental Statement – Chapter 9: Geology and Soils National Policy Statement for National Networks The National Policy Statement for National Networks (NPSNN) (Ref 9-8) acknowledges that the construction and operation of road and rail infrastructure have the potential to affect geology and soils, and provides guidance on the identification, assessment and mitigation of effects on geology and soils. The NPSNN (Ref 9-8) sets out a requirement to take into account the economic and other benefits of the best and most versatile (BMV) agricultural land (defined as land in grades 1, 2 and 3a of the Agricultural Land Classification (ALC)) and where possible poorer quality land in preference to that of a higher quality should be taken. It also describes the requirement to seek to minimise impacts on soil quality and citing, where possible, that developments should be on previously developed (brownfield) sites provided that they are not of high environmental value. The