7. Temporary Archaeological Exclusion Zones

  1. As set out in The Crown Estate (2021) guidance, AEZs may be altered (enlarged, reduced, moved, or removed) as a result of further data assessment or archaeological field evaluation covering those areas that are subject to AEZs. If new finds of potential archaeological significance come to light during the assessment of marine geophysical data or works associated with the Array during the course of construction, operation, or decommissioning phases, as reported through the PAD, they may be subject to the implementation of a TAEZ. A TAEZ will prevent impact to the seabed within their extents but allow activities in other areas to continue. The need for a TAEZ, its position and extent, the implementation of any new exclusion zones or any alterations to existing AEZs will be subject to discussions between the RA and the Applicant. In consultation with MD-LOT and HES, these will be confirmed with a formal response. Following alteration, a new plan giving details of the AEZs will be drawn up and issued to each relevant party.

8. Low Archaeological Potential Contacts

  1. There are 307 low potential anomalies within the Array where no archaeological significance has been interpreted from the archaeological analysis of the geophysical survey results ( Figure 8.1   Open ▸ ). These anomalies are listed in full in volume 3, appendix 19.2, annex D.
  1. Low potential anomalies are not provided AEZs or TAEZs but will be considered in the final Project Design through micrositing via the acquisition of post high-resolution geophysical data, to be acquired post-consent and as part of the mitigation strategy. Should material of potential archaeological significance be identified during the course of pre-development and development works then they should be reported through the agreed PAD (see section 10).

Figure 8.1:
Distribution of Geophysical Contacts with Low Archaeological Potential Within the Marine Archaeology Survey Area

Figure 8.1: Distribution of Geophysical Contacts with Low Archaeological Potential Within the Marine Archaeology Survey Area


9. Mitigation of Unavoidable Direct Impacts on Known Sites

9.1. Overview

  1. The mitigation strategy described in this document is predicated on the identification and avoidance of known archaeological remains. It is recognised that this may not always be possible, for example should an archaeological asset be identified at a later stage.
  2. Options for the mitigation of unavoidable direct impacts on known sites of archaeological significance would include the following:
  • preservation by record – this may involve geophysical survey, and/or ROV surveys and in cases excavation and recording of known sites; and
  • stabilisation – this may involve the reburial of remains.

10. Protocol for Archaeological Discoveries

10.1. Overview

  1. A PAD will be implemented during all subtidal construction, operation and maintenance and decommissioning activities. It will address the reporting of unexpected finds of archaeological material, recovered from the sea during these activities. More detailed information relating to the PAD is set out in volume 3, appendix 19.2, annex A so only a short summary is included here.
  2. The responsibility for ensuring the implementation of the PAD (volume 3, appendix 19.2, annex A) rests with the Applicant who will ensure that its agents and Construction Contractors are contractually bound to implement the Protocol (volume 3, appendix 19.2, annex A).
  3. The PAD will follow the format laid down in the Protocol for Archaeological Discoveries: Round 3 Offshore Renewables Projects (The Crown Estate, 2014). An Implementation Service will operate to administer the PAD, provide initial advice to the Applicant and the team and liaise with the RA and Archaeological Contractor as necessary (volume 3, appendix 19.2, annex A).
  4. Once agreed by the Applicant, MD-LOT and the AC, the PAD will be distributed in a form suitable for use onboard vessels. The Applicant will ensure that the relevant staff on all vessels are informed of and have access to the PAD. The Implementation Service will provide supporting materials together with the PAD that detail the find types that may be of archaeological interest and the potential importance of any archaeological material encountered (volume 3, appendix 19.2, annex A).
  5. A Preliminary Record Form will be made available (volume 3, appendix 19.2, annex C) to all vessel crews for completion on discovery of archaeological material.
  6. All finds of archaeological material will be reported by the Construction Contractor(s), in accordance with the communication plan, to the Site Champion on their vessel (usually the senior person on the vessel), who then reports to the Nominated Contact (who has been nominated by the Applicant to co-ordinate implementation of the PAD). The Nominated Contact will inform the Implementation Service that will, in turn, inform the Applicant/RA and the AC. If the find is identified as ‘wreck’ within the meaning of the Merchant Shipping Act 1995, then the Implementation Service will also make a report to the RoW. Full contact details for all relevant parties will be included in the PAD (volume 3, appendix 19.2, annex A).
  7. The response to reported finds will be implemented through the measures set out in the PAD, including further surveys or establishment of new AEZs if appropriate (volume 3, appendix 19.2, annex A).
  8. The PAD will be implemented by means of an initial visit by the Implementation Service to the relevant vessels to ensure that all staff are made aware of what constitutes an appropriate find, and through periodic reports by the Nominated Contact. The frequency and timing of these visits will be determined once the construction programme is known. The PAD will be supported by a package of ‘awareness training’ for the Applicant and its Construction Contractors and Construction sub-contractor’s staff (volume 3, appendix 19.2, annex A).
  9. At the end of the construction phase, the Implementation Service will prepare a report on the results of the PAD. The results will be included in the final Archaeological Report in the section covering maritime sites and finds within the area affected by the Array.

10.2. Approach to Finds

  1. In Scotland, all archaeological finds must be reported to the Treasure Trove Unit at the National Museums of Scotland either directly or through an intermediary such as the AC (Ralston, 2008). Objects which are not claimed through the Treasure Trove System will be returned with a Certificate of Disclaim. However, the Scots Common Law right relating to found archaeological and historic items in Scotland (and therefore processed through the Treasure Trove System) does not extend to the marine environment beyond the foreshore. All items of wreck will be reported to the RoW.
  2. Any finds and environmental samples will be processed according to professional standards for finds analysis, environmental sampling and archive preparation and in accordance with the Chartered Institute for Archaeologist’s (CIfA) Standards and guidance for the collection, documentation, conservation and research of archaeological materials (CIfA, 2015) and the Standards and Guidance for nautical archaeological recording and reconstruction (CIfA, 2014a).

10.2.1. Discovery of Artefacts

  1. Any finds recovered or exposed during archaeological works by the Array activities will, at the point of discovery, be held by the Archaeological Contractor or, where recovery is impractical, recorded.
  2. Where finds are discovered onboard the vessel, approximate positions will be assigned for where the artefacts were recovered. A full photographic record will be maintained.
  3. In the event of the discovery of items that may be eligible for legal protection, the Contractor will notify the RA who will notify the relevant legal authority as soon as is possible. The Applicant and the Archaeological Contractor will be notified as soon as is possible.

10.2.2. Human remains

  1. If human remains are identified, they should be treated with due care and respect. In any event, the RA will inform the local police and the ACs. If the police do not propose to investigate the remains, the Crown Office and Procurator Fiscal Service (COPFS) will be contacted by the Applicant.
  2. If required, excavation, recording, analysis and storage of any human remains will be undertaken in line with the Guidelines to the Standards for Recording Human Remains (Mitchell and Brickley, 2017) and follow best practice as appropriate (HES, 2016; British Association for Biological Anthropology and Osteoarchaeology (BABAO), 2010). An appropriate human skeletal biologist will, if required, be available to advise on and assist with the recovery and storage of human remains. Where human remains are associated with vessels and aircraft that were in military service when they were lost or wrecked, the provisions of the Protection of Military Remains Act 1986 apply.

10.2.3. Objects

  1. In the event of the discovery of unexpected, unusual or extremely fragile and delicate objects and deposits, the RA, the Applicant and the Archaeological Contractor will be notified immediately. Additional work required to recover, record, analyse, conserve and archive such objects and deposits will be agreed with the AC.
  2. Objects that require immediate conservation treatment to prevent deterioration will be treated according to guidelines laid down in First Aid for Underwater Finds (Robinson, 1998). A full record will be made of any treatment given.
  3. In consultation with the Applicant and the AC, the RA will advise on the implementation of passive conservation for smaller objects pending more detailed conservation strategies. The Applicant will make provision for a professional conservator to undertake a conservation assessment of assemblages normally through the RA.
  4. Specialist work approved by the Archaeological Contractor on metal work, bone (including worked bone, human remains and other organic remains), ceramic material, glass and lithic material will be carried out by a suitable Archaeological Contractors, monitored by the RA. All retained finds will then be processed in accordance with the Chartered Institute for Archaeologist’s Standard and guidance for the collection, documentation, conservation and research of archaeological material (CIfA, 2014b).
  5. Subject to the agreement reached with a suitable museum regarding selection, retention and disposal of material, the Archaeological Contractor will retain all recovered objects unless they are undoubtedly of modern or recent origin. The presence of modern objects will, however, be noted.

10.2.4. Discovery of Aviation Material

  1. The majority of aircraft wrecks are military and so fall under the legal protection of the Protection of Military Remains Act 1986. The RA should refer to guidance outlined in:
  • Historic Environment Guidance for the Offshore Renewable Energy Sector (COWRIE, 2007);
  • Protocol for Archaeological Discoveries: Offshore Renewables Sector (The Crown Estate, 2014);
  • Military Aircraft Crash Sites: Archaeological guidance on their significance and future management (Historic England, 2002); and
  • Crashed Military Aircraft of Historic Interest: Licencing of Excavations in the UK - Guidance Notes for Recovery Groups (Ministry of Defence (MOD), 2018).
  1. Any finds suspected of being military aircraft will be reported immediately to the RA. Items made of thin, tinned, or painted metal sheet are unlikely to be of archaeological interest. Aluminium objects may indicate aircraft wreckage from World War II, especially if two or more pieces of aluminium are fixed together by rivets. All occurrences should be reported. The Applicant will be informed as well as the Service Personnel and Veterans Agency (SPVA: Joint Casualty and Compassionate Centre – SO3 Historic Casualty Casework). Any subsequent actions will be guided by the SPVA (2011) ‘Guidance Notes’ and by advice received from SPVA. In the case of a military aircraft being investigated under licence, any human remains will be reported immediately in accordance with paragraph 15 of the Guidance Notes, to the MOD and the local police and, through them, the COPFS.
  2. Civilian aviation wreck sites are not covered by the Protection of Military Remains Act 1986. Any recovery of civilian aviation material will be reported to the Air Accidents Investigation Branch (AAIB) under the Department of Transport.

10.2.5. Discovery of Wreck

  1. ‘Wreck’ includes all craft, parts of these, their cargo or equipment. Section 236 of the Merchant Shipping Act 1995 stipulates that all wreck within the UK’s waters and any wreck UK from outside the UK’s waters which is brought into UK waters must be declared to the RoW who acts on behalf of the Maritime and Coastguard Agency (MCA) in administering this section of the Act. If any maritime finds are brought onshore the RoW must be notified and the finds must be kept until the RoW determines ownership or requests that they be given to the RoW. The act is administered by the MCA.
  2. All items of wreck which are raised from the seabed, regardless of age or importance, must be reported to the RoW who will act to settle questions of ownership and salvage. A copy of the form to report wreck and salvage is available from the MCA (UK Government, 2022).

10.2.6. Environmental Evidence

  1. For each programme of archaeological work, environmental sampling strategies and methods including methods for processing, assessing and/or analysing samples – will be set out in the MS for the archaeological work.
  2. Approaches and methods will be consistent with Environmental Archaeology: a guide to the theory and practice of methods, from sampling and recovery to post-excavation (Campbell, et al, 2011).