Statement of case in support of a Determination that a statutory EIA is not required

This is a relevant project in terms of section 55A(16) of the Roads (Scotland) Act 1984 as it is a project for the improvement of a road and the completed works (together with any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps, or other such facilities or stores required during the period of construction) is it is situated the Glen Etive and Glen Fyne SPA and Ben Nevis and Glen Coe NSA, which are sensitive areas within the meaning of regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999.

The project has been subject to screening using the Annex III criteria to determine whether a formal EIA is required under the Roads (Scotland) Act 1984 (as amended by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017). Screening using Annex III criteria, reference to consultations undertaken, and review of available information has not identified the need for a statutory EIA.

The project will not have significant effects on the environment by virtue of factors such as:

Characteristics of the scheme:

• The scheme entails ‘construction and maintenance of road drains that do not affect a natural watercourse’, therefore the works can proceed under General Binding Rules.
• Construction activities are restricted to an area of 0.061ha along a 100m stretch of the A82.
• The works will be temporary, localised, and completed during day-time hours with over up to 3 weeks (15 days).
• Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
• The risk of major accidents or disasters is considered to be low.
• No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in positive impacts on road users and nearby human receptors during the operational phase.

Location of the scheme:

• The scheme lies within the Glen Etive and Glen Fyne SPA and in proximity to Rannoch Moor SAC. A HRA has been carried out and has concluded that works will not result in LSE on the qualifying features.
• Although the scheme is located within the Ben Nevis and Glen Coe NSA, the works are minor in nature and will not change the visual character of the landscape with excavated drainage ditch and redirected waterbody 1 being the only visible change.
• There are no features of Cultural Heritage within the footprint of the works.
• The scheme will be located within the existing A82 road boundary and as such, no land take will be required.

Characteristics of potential impacts of the scheme:

• Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
• Measures will be in place to ensure appropriate removal and disposal of waste.
• No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in positive impacts on road users, ecological and human receptors during the operational phase.
• Mitigation measures working within/in proximity to deep peat soils will be in place.
• As the works will be limited to construction and maintenance of road drainage there is no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment.
• Mitigation measures detailed above (and in the SEMP) will be put in place with the objective to prevent and, if required, subsequently control any potential impacts on sensitive receptors.