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Thorpe Marsh Gas Pipeline Environmental Statement

Thorpe Marsh Power Limited

Volume 2: Main Report Chapter 11: Ecology 11 - 1 ENVIRON

11 EcologyIntroduction

11.1 The purpose of this Chapter of the ES is to consider the potential for the Proposed Gas Pipeline to affect ecological resources within the Application Area and in the surrounding area. The Application Area comprises a 30 m wide Proposed Route Corridor together with temporary access and construction areas, the Site Office / Pipe Dump at Burn, and the AGI.

11.2 In order to determine the potential ecological impacts of the Proposed Gas Pipeline and AGI, this chapter describes the current ecological condition within a 400 m wide Stage 1 Assessment Corridor. The Stage 1 Assessment Corridor was assessed in the early stages of the project in order to inform and refine the final choice of the much smaller Application Area and refined Proposed Route Corridor, in order to avoid sensitive ecological receptors wherever possible at the design stage, and comprises a cautious approach to assessment of ecological impacts. The current ecological condition of the separate Site Office / Pipe Dump location has also been described.

11.3 The importance of the Application Area in relation to ecology has been assessed using the guidelines produced by the Chartered Institute for Ecology and Environmental Management (IEEM, 20061). Potential impacts have been identified for the construction stage, the operational stage and the decommissioning stage of the Proposed Development (including the potential requirement for maintenance works). A mitigation strategy has been devised to follow the hierarchy of avoid, reduce, control and offset potential impacts and incorporated within the development proposals. The significance of residual effects following implementation of these measures are considered.

11.4 As part of ecological assessment, European Sites within 10 km of the Application Area were identified, along with their qualifying features and potential pathways of impact from the Proposed Development. An assessment was completed for ‘Likely Significant Effects’ (LSE) on the qualifying features of the identified European Sites. This assessment is included as the stand alone Habitats Regulations Statement – No Significant Effects Report which accompanies the DCO application.

11.5 With the exception of the AGI, the Proposed Gas Pipeline would be buried and therefore the main effect on ecological resources would be temporary, occurring primarily during construction. Minor temporary limited effects may also occur during any maintenance works that may be necessary during the working life of the Proposed Gas Pipeline. Minor disturbance in the location of the AGI may also occur during decommissioning, as the above ground installations will be removed and the land reinstated to its original condition As recommended in the pipeline codes and standards (see Chapter 6 of the ES) it is likely

1 Institute for Ecology and Environmental Management,2006. Guidelines for Ecological Impact Assessment in the United Kingdom (version 7 July 2006).

that the buried pipeline will be left in place and stabilised by filling it with grout at decommissioning

11.6 This Chapter has been prepared by ENVIRON and all surveys completed to inform the impact assessment were undertaken by ENVIRON. The assessment should be read in conjunction with the following Technical Appendices provided in ES Volume 3:

Appendix 11.1 Natural England Pond Scoping;

Appendix 11.2 Ecological Receptors;

Appendix 11.3 Proposed Newt Fencing; Appendix 11.4 Full Survey Results (excluding great crested newts); and

Appendix 11.5 Table of Great Crested Newt Survey Results.

Legislation and Policy Context

11.7 Ecological features are protected under various United Kingdom (UK) and European legislative instruments. These are discussed in the paragraphs below. European instruments are not covered in detail as they have been incorporated into UK legislation by domestic provisions.

National Legislation and Policy 11.8 Overarching National Policy Statement for Energy EN-1, 2011

11.9 Overarching guidance on nationally significant energy projects is provided in NPS EN-12. The key aspects of EN-1 relevant to ecology are outlined:

at section 5.3 where the importance of recognising all relevant ecologically designated sites is outlined and that ecological mitigation should be integral to the proposed development.

National Planning Policy Statement for Gas Supply Infrastructure and Oil and Gas pipelines (EN-4)

11.10 Policy guidance on gas supply infrastructure is provided in NPS EN-43. The key aspects of EN-4 relevant to ecology are outlined:

at paragraphs 2.21.5 and 2.21.6 where it is noted that, where relevant, the Working Width of the pipeline installation should be reduced in order to minimise ecological impact and that ‘horizontal direct drilling’ should be considered for areas of ancient woodland or important hedgerows (where applicable).

2 Department of Energy and Climate Change, 2011. Overarching National Policy Statement for Energy EN-1. 3 Department of Energy and Climate Change, 2011. National Policy Statement for Gas Supply Infrastructure and Gas and Oil Pipelines (EN-4).



ENVIRON 11 – 2 Volume 2: Main Report

Chapter 11: Ecology

National Planning Policy Framework, 2012

11.11 The National Planning Policy Framework 20114 was published on 27 March 2012 and came into immediate effect. It sets out the Government’s requirements for the planning system and how these are expected to be addressed.

11.12 Objective 11: Conserving and enhancing the natural environment’ is of particular relevance to this chapter. Here it is stated that the planning system should contribute to and enhance the natural and local environment by:

“protecting and enhancing valued landscapes, geological conservation interests and soils;

recognising the wider benefits of ecosystem services; minimising impacts on biodiversity and providing net gains in biodiversity where

possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures”

11.13 It furthermore advises local planning authorities to conserve and enhance biodiversity when considering planning applications, by applying the following principles:

“if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;

proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest;

development proposals where the primary objective is to conserve or enhance biodiversity should be permitted;

opportunities to incorporate biodiversity in and around developments should be encouraged;

planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and

the following wildlife sites should be given the same protection as European sites: - potential Special Protection Areas and possible Special Areas of Conservation; - listed or proposed Ramsar sites;

4 Department for Communities and Local Government, 2012. National Planning Policy Framework. HMSO.

- sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible; and

- Special Areas of Conservation, and listed or proposed Ramsar sites.”

Planning Practice Guidance, 2014

11.14 The national PPG5 provides a web-based resource in support of the NPPF. Following its launch, a number of previously published planning guidance documents have been cancelled and are detailed within the Written Ministerial Statement titled 'Making the planning system work more efficiently and effectively', dated 6th March 2014.

11.15 The PPG provides guidance on achieving net gains for nature, conserving and enhancing the natural environment and reducing pollution. The guidance also sets out how biodiversity impacts and opportunities should be assessed and used to inform all stages of development.

Wildlife and Countryside Act 1981, as Amended in Quinquennial Review and by the Countryside and Rights of Way Act, 2000

11.16 The Wildlife and Countryside Act 19816,as amended, forms the basis of much of the statutory wildlife protection in the UK. Part I deals with the protection of plants, birds and other animals and Part II deals with the designation of Sites of Special Scientific Interest (SSSIs).

11.17 The Act covers the following broad areas:

Wildlife - listing endangered or rare species in need of protection and creating offences for killing, disturbing or injuring such species. Additionally, the disturbance of any nesting bird during breeding season is also noted as an offence;

Nature Conservation - protecting those sites which are National Nature Reserves (NNR) and SSSI;

Public Rights of Way - placing a duty on the local authority to maintain a definitive map of footpaths and rights of way. It also requires that landowners ensure that footpaths and rights of way are continually accessible; and

Miscellaneous General Provisions. 11.18 The Act also makes it an offence to cause to grow in the wild certain plant species listed

on Schedule 9 of the Act.

Countryside and Rights of Way Act, 2000

11.19 The Countryside and Rights of Way Act 20007 primarily extends to England and Wales. It provides a new statutory right of access to the countryside and modernises the rights of way system, bringing into force stronger protection for both wildlife and countryside.

5 Department of Communities and Local Government, 2012. Planning Practice Guidance. London: Department of Communities and Local Government. 6 Secretary of State, 1981. Wildlife and Countryside Act. Her Majesty’s Stationery Office 7 Secretary of State, 2000. The Countryside and Rights of Way Act. Her Majesty’s Stationery Office




The Act is divided into five distinct sections. Part III is of relevance to ecology, nature conservation and wildlife protection.

11.20 The Act details a number of measures to promote and enhance wildlife conservation. These measures include improving protection for SSSIs and increasing penalties for deliberate damage to SSSIs. Furthermore, the Act affords statutory protection to Ramsar Sites which are wetlands designated under the International Convention on Wetlands.

Conservation of Habitats and Species Regulations, 2010, as amended by The Conservation of Habitats and Species (Amendment) Regulations 2012

11.21 The Habitats Directive (Council Directive 92/43/EEC)8 came into force in 1992 and provides for the creation of a network of protected wildlife areas across the European Union, known as 'Natura 2000'. The Natura 2000 network consists of Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Birds Directive (Council Directive 79/409/EEC)9 . These sites are part of a range of measures aimed at conserving important or threatened habitats and species. The Conservation of Habitats and Species Regulations 2010 commonly known as 'The Habitats Regulations' transpose the Habitats Directive into national law and set out the provisions for the protection and management of species and habitats of European importance, including Natura 2000 sites. The Regulations also provide strict protection for species listed on Annex IV of the Act.

11.22 The Conservation of Habitats and Species (Amendment) Regulations 2012 came into force in August 2012. Article 2 of the Wild Birds Directive requires Member States to take requisite measures to maintain wild bird populations at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level. Articles 3 and 4(4) (second sentence) of the Directive are designed to ensure Member States preserve, maintain or re-establish a sufficient diversity and area of habitats for wild birds and to ensure that outside those areas which are specifically designated as important bird habitats, efforts are taken to avoid pollution or deterioration of habitats. Article 10 requires Member States to encourage research and any work required as a basis for the protection, management and use of wild bird populations. The 2012 amendment further transpose the provisions of Articles 2, 3, 4(4) (second sentence) and Article 10. The Regulations are intended to ensure clearer transposition of these provisions by giving additional and specific duties to relevant bodies and also make a number of amendments to transpose more clearly certain elements of the Habitats Directive.

8 European Commission, 1992. Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. European Commission, Brussels 9 European Commission, 1979. Council Directive 79/409/EEC on the conservation of wild birds, European Commission, Brussels.

The UK Post-2010 Biodiversity Framework 11.23 In 1994, the Government produced the UK Biodiversity Action Plan10 (UK BAP), a national

strategy for the conservation of biodiversity. This led to the creation of the UK Biodiversity Steering Group, which published 391 Species Action Plans and 45 Habitat Action Plans.

11.24 From July 2012, the ‘UK Post-2010 Biodiversity Framework’11 succeeds the UK BAP and ‘Conserving Biodiversity - the UK Approach’12 This is as a result of a change in strategic thinking following the publication of the Convention on Biological Diversity’s ‘Strategic Plan for Biodiversity 2011 - 2020'13 and its 20 ‘Aichi targets’, at Nagoya, Japan in October 2010, and the launch of the new EU Biodiversity Strategy (EUBS)14 in May 2011.

11.25 The EUBS includes five internationally agreed strategic goals and supporting targets to be achieved by 2020. The five strategic goals agreed were:

Strategic Goal A: Address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society;

Strategic Goal B: Reduce the direct pressures on biodiversity and promote sustainable use;

Strategic Goal C: To improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity;

Strategic Goal D: Enhance the benefits to all from biodiversity and ecosystem services; and

Strategic Goal E: Enhance implementation through participatory planning, knowledge management and capacity building.

11.26 The UK Post-2010 Biodiversity Framework constitutes the UK’s response to these new ‘Aichi’ strategic goals and associated targets. The Framework recognises that most work which was previously carried out under the UK BAP is now focussed on the individual countries of the United Kingdom and Northern Ireland, and delivered through each countries’ own strategies.

11.27 Following the publication of the new Framework, the UK BAP partnership no longer operates. However, many of the tools and resources originally developed under the UK BAP remain of use.

10 Her Majesty’s Stationery Office, 1994. Biodiversity: The UK Action Plan. London. 11 JNCC and Defra (on behalf of the Four Countries' Biodiversity Group). 2012. UK Post-2010 Biodiversity Framework. July 2012. Available at: http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf. 12 Available at: http://jncc.defra.gov.uk/PDF/UKBAP_ConBio-UKApproach-2007.pdf 13 Convention on Biological Diversity. COP 10 Decision X/2 [online]. Available to download at: http://www.cbd.int/decision/cop/?id=12268. 14 European Commission, 2011. EU Biodiversity Strategy to 2020. EC. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52011DC0244




Chapter 11: Ecology

The Hedgerow Regulations, 1997

11.28 The Hedgerow Regulations, 199715 provide for the identification and protection of important hedgerows, requiring permission for removal of these to be sought from the local planning authorities.

Protection of Badgers Act 1992.

11.29 Badgers and badger setts are protected under Schedule 5 and 6 of the Wildlife and Countryside Act 1981 (as amended) and under the Protection of Badgers Act 1992.

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (as amended) (The APFP Regulations)

11.30 Under the APFP Regulations there is a need to include information identifying European sites to which the Habitats Regulations applies or any Ramsar site or potential SPA which may be affected by a proposal. The submitted information should be sufficient for the competent authority (CA) (in this case Natural England) to make an appropriate assessment (AA) of the implications for the site if required by Regulation 61(1) of the Habitats Regulations.

Regional Policy

11.31 The Yorkshire and Humber plan (Regional Spatial Strategy) was revoked on the 22nd February 2013 and no longer forms part of the development plan for the area16.

Local Policy 11.32 The Proposed Route Corridor passes from north to south, through Selby District Council

(SDC); East Riding of Yorkshire Council (ERYC), and Doncaster Metropolitan Borough Council (DMBC). Relevant local policies are summarised below.

Selby District Local Plan, 2005

11.33 The following saved policies of the Selby District Local Plan17 have been considered within this Chapter:

‘ENV1 - Control of Development’ which states that the council would take account of the effect upon the character of the area or the amenity of adjoining occupiers; the potential loss or adverse effects upon trees, wildlife habitats, and other features important to the character of the area.

‘ENV 7 – International Wildlife Sites’ which states that proposals for development within or which may affect a European wildlife site, a proposed European wildlife site or a Ramsar site, will be subject to the strictest control. Development not directly connected with or necessary to the management of the site and which is likely to harm

15 Secretary of State,1997. The Hedgerow Regulations. Her Majesty’s Stationery Office 16 Regional planning policies - http://www.cravendc.gov.uk/article/1662/Regional-Planning-Policies last viewed 4th June 2013 17 Selby District Council, 2005. Selby District Local Plan.

the site’s nature conservation interest will only be permitted if there is no alternative solution and there are imperative reasons of overriding public interest.

‘ENV8 National Wildlife Sites’ - Proposals for development within, or which may affect, sites of special scientific interest or national nature reserves will be subject to strict control. Development which is likely to harm the site’s nature conservation will not be permitted unless there are no reasonable alternative means of meeting the development need and the reasons for the development clearly outweigh the value of the site itself and the national policy to safeguard the intrinsic nature conservation of the national network of such sites.

‘ENV9 - Sites of Importance for Nature Conservation’ which states that proposals for development which would harm a local nature reserve, a site of local importance for nature conservation, will not be permitted unless there are no reasonable alternative means of meeting the development need and it can be demonstrated that there are reasons for the proposal which outweigh the need to safeguard the intrinsic local nature conservation value of the site or feature.

‘ENV10 - General Nature Conservation Considerations’ which states that where development proposals, which affect a site of nature conservation interest, are acceptable in principle, any harm to the nature conversation interest should be kept to a minimum. Where appropriate the developer will be expected to incorporate compensatory measures including the implementation of schemes for habitat creation and/or enhancement within the site or locality, and proposals to ensure future management.

‘ENV11 – Ancient Woodland’ states that development will not be permitted where it is likely to cause loss of, or damage to, an ancient woodland, unless the reasons for the development outweigh the nature conservation value of the woodland.

‘ENV12 - River and Stream Corridors’ which states that proposals for development likely to harm the natural features of or access to river, stream and canal corridors will not be permitted unless the importance of the development outweighs these interests, and adequate compensatory measures are provided.

‘ENV13 – Ponds’ which states that proposals for development which would harm the wildlife value of a pond will not be permitted unless:

1. The need for a particular development outweighs the particular value of the pond;

2. An equivalent habitat can be created on site or elsewhere in the locality which will provide the same wildlife value of the existing pond; and

3. Appropriate management measures are incorporated in the scheme.

Selby District Core Strategy, 2013

11.34 The Selby District Core Strategy Local Plan (Core Strategy) was adopted by the Council on 22 October 2013 and the policies in the Core Strategy replace a number of the policies set out within the SDLP.




11.35 The following policy has informed this assessment: ‘SP18: Protecting and Enhancing the Environment’, which aims to sustain high quality

and local distinctiveness of the natural and man-made environment by: - Safeguarding international, national and locally protected sites for nature

conservation, including SINCs, from inappropriate development; - Ensuring developments retain, protect and enhance features of biological and

geological interest and provide appropriate management of these features and that unavoidable impacts are appropriately mitigated and compensated for, on or off-site;

- Ensuring development seeks to produce a net gain in biodiversity by designing-in wildlife and retaining the natural interest of a site where appropriate; and

- Identifying, protecting and enhancing locally distinctive landscapes, areas of tranquillity, public rights of way and access, open spaces and playing fields.

Boothferry Borough Local Plan, 1999

11.36 The Stage 1 Assessment Corridor passes through the Boothferry Borough of East Riding of Yorkshire Council, which is centred on the confluence of the Rivers Ouse, Trent, Aire and Derwent. The Boothferry Borough Local Plan (East Riding of Yorkshire area) is a statement of the Council’s intentions for the future use of land in the plan area up to the year 2006.

11.37 The following saved policies of the adopted Local Plan18 have been considered within this assessment: ‘EN22 – Protection of Important Trees’ which states that important trees and woodland

should be protected; ‘EN24 – Protection of Hedgerows’ which states that hedgerows should be protected; ‘EN27 – Effect on NNR and SSSI’ which states that development likely to have an

adverse effect on a national nature reserve or site of special scientific interest will only be permitted where other considerations outweigh the interest in the site;

‘EN27A – Protection of Ramsar sites / SPA’s and SAC’s’ which states that development likely to have an adverse effect on these sites will only be permitted where there is no alternative;

‘EN28 – Other SNCIs’ which states that of other sites of importance (as shown on the proposals map), development which may impact these sites will only be permitted in exceptional circumstances;

‘EN30 – Impact on Wildlife / Physical Features’ which states that the local planning authority will shall endeavour to minimise the impact from new development on valuable wildlife; and

18 East Riding of Yorkshire Council, 1999. Boothferry Borough Local Plan.

‘EN30A – Species Protection’ which states that badgers and other protected species (as per schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981) should be protected from harm as a result of new development.

East Riding of Yorkshire Local Plan, Proposed Submission Strategy Document, 2014

11.38 The East Riding Local Plan Proposed Submission Strategy Document (LPSSD)19 will provide the framework for managing development and addressing key planning issues in East Riding. It was subject to public consultation from January - March 2014. The LPSSD, together with all the comments received and proposed modifications have been submitted to the Planning Inspectorate in advance of an Examination in Public to be undertaken in October 2014.

11.39 Given the advanced stage of plan preparation, the policies in this plan are afforded considerable weight for the purposes of considering planning applications.

11.40 The following policies are noteworthy: ‘EC5 - Supporting the energy sector’, which states that significant adverse impacts

should be satisfactorily minimised, and that development should take into account: - biodiversity, geodiversity and nature, particularly in relation to designations,

displacement, disturbance and collision and the impact of emissions/contamination.

‘ENV2 - Promoting a high quality landscape’ which requires that development proposals should be sensitively integrated into the existing landscape, demonstrate an understanding of the intrinsic qualities of the landscape setting and, where possible, seek to make the most of the opportunities to restore and enhance landscape characteristics and features.

‘ENV4 – Enhancing Biodiversity and Geodiversity’ which requires development to conserve, restore, enhance or recreate biodiversity or geological interests, to safeguard, enhance, create and connect habitat networks and that loss or harm to a Local Site or habitats will only be supported if there is a demonstrable need.

Doncaster Local Development Framework (Local Plan)

11.41 The Local Plan comprises a collection of documents which make up the statutory development plan (or local plan) for Doncaster. The local plan informs decisions on planning applications and a range of implementation plans.

11.42 The Local Development Framework (LDF) includes a Core Strategy, a Sites and Policies Development Plan Document, and a separate Joint Waste Plan (a separate Waste Core Strategy which has been prepared jointly with Barnsley and Rotherham).

11.43 The Borough Strategy is the key strategic document for Doncaster Metropolitan Borough Council and partners. It sets out the broad approach to maximising the benefit from Doncaster’s assets and opportunities, and addressing the challenges. The Core

19 East Riding of Yorkshire Council, January 2014. Local Plan Proposed Submission Strategy Document, ERYC, Yorkshire.




Chapter 11: Ecology

Strategy develops this to provide the spatial aspects, i.e. how this approach translates into where things should happen. Therefore, the Borough Strategy vision for the borough forms the basis of the Core Strategy. The Borough Strategy places an emphasis on improving the economy as a means to achieve local aspirations - healthier, stronger, safer communities and improved quality of life.

Core Strategy Development Plan Document

11.44 The Local Development Framework Core Strategy provides a planning framework for the period up to 31 March 2028 to deliver the vision and aspirations of the Borough Strategy, in line with the requirements of national planning policy.

11.45 The following policies within the adopted Doncaster Core Strategy20 have informed this report: ‘CS3: Countryside’ which confirms that Doncaster’s countryside will be protected and

enhanced, having regard to the following relevant principles: - B) The countryside in the east of the borough will continue to be protected

through a Countryside Protection Policy Area. Development proposals that would generally be acceptable in this area include proposals that protect and enhance wildlife and essential infrastructure.

‘CS16 - Valuing our Natural Environment’ which states that Doncaster’s natural environment will be protected and enhanced, by amongst others requiring of development to enhance the borough’s Ecological Networks and to enhance the borough’s landscape and trees. Also that nationally and internationally important sites will protected and impact on local sites will only be supported where harm is avoided where possible and unavoidable harm is appropriately mitigated.

Sites and Policies Development Plan Document

11.46 The Sites and Policies DPD was submitted to the Secretary of State on the 13th December 2013. This followed a six week period of additional consultation on Targeted Changes that concluded on 11th December 2013. Stage 1 of the Examination in Public have now been concluded and following correspondence between the Council and the Inspector, DMBC is now proposing the withdrawal of the Sites and Policies DPD.

Issues Identified During EIA Scoping 11.47 The EIA Scoping Report was issued to key consultees, including Natural England and the

EA, setting out the proposed scope of, and approach to, the assessment of impacts on ecological receptors (refer to Chapter 2 EIA Process). Relevant comments on the proposed scope are summarised below, together with an indication of where and how the comments are addressed in the ES or elsewhere in the application for development consent. The assessment of these impacts has been carried out in accordance with the

20 Available: https://www.doncaster.gov.uk/Images/Core%20Strategy%20(Low%20res)%20(3.1MB)37-93646.pdf

approach set out in the EIA Scoping Report, amended to reflect the comments set out in Table 11.1.

Table 11.1 Issues identified during EIA Scoping

Consultee Issue Where/How this is addressed in this ES chapter

Doncaster Metropolitan Borough Council

Given the large population of great crested newts at Thorpe Marsh power station DMBC would welcome measures being taken through the restoration once the pipeline has been installed to create additional ponds to help support this population.

Addressed in ES associated with Thorpe Marsh CCGT Power Station

Secretary of State

Proposals should address fully the needs of protecting and enhancing biodiversity. The assessment should cover habitats, species and processes within the proposed development and its surroundings.

Potential Effects; Mitigation

Secretary of State

The study areas defined for collection of baseline data should be sufficiently wide and clearly identified. The Applicant should pay due regard to the comments of NE’s consultation response (see Appendix 2)

Baseline Characterisation

Secretary of State

Although it is understood that the Humberhead NIA is not a statutorily designated site, the SoS recommends that the ES should assess the potential impacts of the proposed development on the area

Potential Effects

Secretary of State

Inter relationships between topics should be assessed including impacts from noise, vibration and air quality (including dust).

Potential Effects

Secretary of State All phases of the development Potential Effects; Assessment of




should be assessed including construction, operation and decommissioning The ES should include an assessment of cumulative effect and advises this is particularly relevant in terms of ecology

Residual Effects; Cumulatives

Secretary of State

The ES should set out in full the potential risk to European Protected Species (EPS) and confirm if any EPS licences will be required.

Potential Effects; Mitigation

11.48 Additional comments from consultees regarding ecological issues were received during Stage 1 and Stage 2 consultation (refer to the Consultation Report for further details). These additional comments have been assessed and considered in this Chapter and reflected in updated mitigation sections where appropriate, in particular noting comments from the Environment Agency, Yorkshire Wildlife Trust and North Yorkshire County Council regarding ecological enhancement.

Assessment Methodology

Baseline Characterisation 11.49 Baseline conditions have been ascertained by a combination of desk study (including

information from third parties), completion of an ‘Extended’ Phase I Habitat Survey, and individual Phase II Protected Species surveys for great crested newts Triturus cristatus, reptiles, bats, badger Meles meles, otter Lutra lutra and water vole Arvicola amphibious.

Desk Study / Data Collection

11.50 The ecological desk study was completed by SKM Enviros (2012)21. The desk study included obtaining biological records from both Doncaster Metropolitan Borough Council Biological Records Centre (DMBBRC) and North and East Yorkshire Environmental Records Centre (NEYEDC). The data search included an area of 1 km either side of the centre line of the Stage 1 Assessment Corridor. The search included for the following: presence of statutory and non-statutory conservation sites; presence of Ancient Woodland areas; presence of protected species including great crested newt, reptiles, badger, all bat

species, white-clawed crayfish Austropotamobius pallipes , freshwater pearl mussel Margaritifera margaritifera, water vole, and otter and bird species;

presence of species of conservation concern, including invertebrates; and, presence of UK and local Biodiversity Action Plan (BAP) species/habitats.

21 SKM Enviros, 2012. Thorpe Marsh CCGT Pipeline: Ecological Desk Study

11.51 In addition, ENVIRON identified European Sites within 10 km of the Application Area using the Multi-Agency Geographic Information for the Countryside (MAGIC) website22. A 10 km buffer zone was considered, based on the known mobility of species such as birds and bats which may use such sites. This included European Sites designated due to bats, as recommended by the Bat Surveys: Good Practice Guidelines23. The 10 km search area also reflects the maximum likely distance over which impacts could reasonably be foreseen to occur (e.g. Environment Agency Guidance24 on assessment of air quality impacts from emissions).

11.52 Prior to the completion of the Extended Phase I Habitat Survey, habitats within the Stage 1 Assessment Corridor were preliminarily mapped using ArcView 10. Habitats were identified from a combination of 1:10,000 Ordinance Survey (OS) maps and aerial photography available from Google EarthTM. This included the plotting the approximate location of individual prominent trees and hedgerows. In addition, ponds within 500 m of the Stage 1 Assessment Corridor were identified.

Extended Phase I Habitat Survey

11.53 An Extended Phase I Habitat Survey (Institute of Environmental Assessment, 1995)25 of the Stage 1 Assessment Corridor plus a 100 m buffer (to extend the survey area to 500 m) was undertaken by Peter Burston CEnv MIEEM, over a period of five days between 22nd and 26th June 2012. Observation of habitats and species was aided with the use of a pair of 8x42 magnification binoculars and a spotting scope (x27 lens). Approximately 80 % of the survey area was directly observable.

11.54 A separate Extended Phase I Habitat Survey was undertaken for the Site Office / Pipe Dump at Burn by Stephanie Harper AIEMA on 1st October 2013.

11.55 The surveys involved a walkover (subject to access constraints, see above) and preliminary assessment of key habitats, land use and ecological features, particularly focusing on areas of natural interest which could be affected by the development proposals. The features mapped during the desk study were ‘ground-truthed’ and errors corrected. The main habitats present were recorded using standard Phase I Habitat Survey methodology as described in the Handbook for Phase I Habitat Survey: A technique for Environmental Audit (JNCC, 2010)26. Target notes were used to record habitats and features of particular interest.

11.56 The Stage 1 Assessment Corridor was assessed for its potential to support protected species such as bats, badgers and reptiles; this was in order to identify potential ecological constraints and to guide recommendations for further survey requirements for these species.

22 www.magic.gov.uk 23 Hundt L (2012). Bat Surveys: Good Practice Guidelines, 2nd Edition. Bat Conservation Trust 24 Environment Agency (2011) H1 Environmental Risk Assessment Framework Annex F – Air Emissions. 25 Institute for Environmental Assessment (1995). Guidelines for Baseline Ecological Assessment. E & FN Spon, London. 26 Joint Nature Conservation Committee (2010 Ed.). Handbook for Phase 1 Habitat Survey – A Technique for Environmental Audit. JNCC. Peterborough




Chapter 11: Ecology

11.57 As part of the Extended Phase I Habitat Survey, wherever possible each mature hedgerow or in-field tree was assessed for its potential to support roosting bats. Each tree was classified into a category dependent on the presence of features suitable to support bat roosts. Table 11.2 provides criteria for each of these categories. Buildings within the Stage 1 Assessment Corridor were not assessed for bat roost potential as it was assumed that the pipeline construction will avoid all built structures.

Table 11.2 Bat Roost Potential Categories

Roost Potential Description

Confirmed

Confirmed signs of bat presence/occupation (droppings, oily staining around entry points, insect remains, odour, scratching) and actual bat presence.

Category 1* (High)

Features present with high potential to support roosting bats. Trees with multiple, highly suitable features capable of supporting larger roosts.

Category 1 (Medium) Features with some potential to support roosting bats. Trees with potential for supporting single roosting bats.

Category 2 (Low) Limited roosting potential although the tree is of a size and age where a search may result in small cracks and crevices being found.

Category 3 (Negligible) Negligible potential for roosting and bats very unlikely to be present.

Notes: Category descriptions drawn from Hundt, 201227

Phase II Protected Habitats and Species Surveys

11.58 Following consultation with Natural England (NE), it was agreed with NE that National Vegetation Classification (NVC) surveys would not be required for the semi-improved grassland areas (more diverse and ecologically interesting habitat within the Stage 1 Assessment Corridor). Constraints on undertaking these surveys included cutting of the fields for hay, and ploughing. The habitat descriptions from the Extended Phase I Habitat Survey were considered to provide an adequate description of the species composition of the grassland.

11.59 Hedgerows within the Stage 1 Assessment Corridor identified as potentially important under the Hedgerow Regulations (1997) were surveyed in October 2012 and September 2013 by Matt Neale MIEEM, Paul Andrews MIEEM and Rebecca Miller MIEEM. An

27 Hundt L (2012). Bat Surveys: Good Practice Guidelines, 2nd Edition. Bat Conservation Trust

assessment was made against the Hedgerow Regulations (1997) criteria. The results are displayed within Appendix 11.2 Ecological Receptors as a series of maps.

11.60 A survey of ditches within the Stage 1 Assessment Corridor was undertaken between the 8th and 12th October 2012 by Rebecca Miller MIEEM to assess these features for the potential to provide suitable habitat for freshwater pearl mussel. Features suitable for this invertebrate include sandy substrates, with boulders and pebbles, in fast-flowing rivers and streams. In agreement with NE, main rivers and drains were not surveyed as these features would be unaffected by the construction of the Proposed Gas Pipeline (due to proposed trenchless boring methods at these locations). It was agreed with NE that this species is likely to be either absent or unaffected by the development, and therefore detailed presence / absence surveys were not required.

11.61 As per best practice guidelines28, all accessible ponds within 500 m of the Stage 1 Assessment Corridor were initially assessed in August 2012 by Paul Andrews MIEEM and Rebecca Miller MIEEM and a great crested newt Habitat Suitability Index (HSI)29 completed for each pond to determine its potential suitability for this species. Of 102 ponds within the search radius, no access was available to 19, and a further 16 ponds were found to be dry, infilled or could not be located. Appendix 11.1 Natural England Pond Scoping details the assessment approach, and provides maps of the ponds surveyed, along with a table detailing the assessed suitability for great crested newt of each pond, and reasons for scoping the pond in or out of further surveys. An amphibian survey was subsequently completed of all suitable (rated as ‘good’ and ‘excellent’ ponds as identified by the HSI surveys with some ‘average’ ponds included where considered appropriate) and accessible ponds. The surveys were undertaken over four or six visits between May and mid-June 2013 by Paul Andrews MIEEM and Rebecca Miller MIEEM as per best practice guidelines. A combination of survey techniques including bottle trapping, torchlight survey, and egg searching were used to survey the ponds identified. In total 26 ponds were surveyed. The remainder were excluded from survey in discussion with NE due to lack of access, low or very low HSI scores, the presence of fish at high densities, or a combination of factors including their low suitability, distance from the Stage 1 Assessment Corridor (>200 m) or lack of connectivity with the Stage 1 Assessment Corridor (i.e. the presence of substantial ‘barriers’ such as roads and flowing water between the pond and the Stage 1 Assessment Corridor).

11.62 A reptile survey was carried out by Paul Andrews MIEEM at three locations within the Stage 1 Assessment Corridor (Appendix 11.2 Ecological Receptors Map 2 (by Buck Pit Clough and Bank), Map 5 and Map 9) where the habitat was identified to have low to moderate potential to support reptiles such as grass snake Natrix natrix. Surveys involved deployment of artificial heat refuges (50 x 50 cm sections of roofing felt) at densities of approximately 10 refuges per hectare. Reptiles bask beneath or on these

28 English Nature, (2001). Great Crested Newt Mitigation Guidelines. English Nature, Peterborough 29 Oldham, R. S., Keeble, J., Swan, M.J. S. and Jeffcote, M. (2000). Evaluating the Suitability of Habitat for the Great Crested Newt (Triturus cristatus). Herpetological Journal, Vol. 10; pp. 143-156.




refuges, making them more visible to surveyors. Refuges were installed on 18th and 19th September 2012 and allowed to ‘bed in’ for a two week period. The surveys were subsequently carried out between 1st and 10th October 2012 according to good practice guidelines30, which state that seven survey visits should be carried out in appropriate weather conditions, at a suitable time of year, to check for presence/absence on site, and if present, to identify areas of highest density (‘hot-spots’). Reptile surveys may be undertaken from mid-March to May and September to mid-October. Refuge deployment was combined with ‘passive survey’ in which vegetation tussocks, sunny (south-facing) banks and rubble piles were inspected using binoculars.

11.63 An initial breeding bird survey was completed by Peter Burston CEnv MIEEM in accordance with a methodology based on the British Trust for Ornithology’s (BTO) Common Bird Census (CBC) (Bibby et al., 2000)31. The BTO’s Breeding Bird Survey (BBS) is now widely undertaken to monitor the UK’s bird population and for this particular purpose has replaced the Common Bird Census (CBC). However, CBC methodology is more appropriate in confirming the presence of breeding birds at a site and mapping the location of their territories. Information on the location of protected and scarce breeding bird territories is particularly important in order to assess the impact of developments. This includes species listed on Schedule 1 of the Wildlife and Countryside Act 1981, as amended and species listed in the RSPB’s BCC3 on either the medium (Amber) or high (Red) lists of conservation concern. The Stage 1 Assessment Corridor plus a 100 m buffer was surveyed for breeding birds during five separate survey visits from 22nd to 26th June 2012. The survey commenced each day at around 6 am and continued for approximately 4 - 5 hrs. The weather during the surveys was generally cloudy and wet, with low to moderate levels of wind. During each visit the location and movement of every bird present or flying over was mapped using standard BTO codes. Every effort was made to ensure that each individual was recorded only once. A limited second breeding bird survey was subsequently undertaken, concentrating on a small area identified to be used by corn bunting Emberiza calandra and other potentially suitable habitat along the northern section of the Stage 1 Assessment Corridor.

11.64 As described above, trees located within the Stage 1 Assessment Corridor were assessed for their potential suitability for roosting bats. Following discussions with NE, bat surveys were subsequently undertaken of trees identified to have low, moderate or high bat roost potential, which were located within 50 m of the centre line of the Stage 1 Assessment Corridor. Trees with negligible suitability were not surveyed. It was not considered appropriate to survey all suitable trees within the Stage 1 Assessment Corridor. The bat surveys followed the methodology set out in the BCT Good Practice Guidelines (Hundt 2012), which recommend at least one survey for low potential, two surveys for moderate potential and three surveys for high potential trees. Dawn swarming and dusk emergence surveys were undertaken in September and October 2012 and in August to September

30 Froglife (1999). Reptile survey: An introduction to planning, conducting and interpreting surveys for snake and lizard conservation. Froglife Advice Sheet 10. Froglife, Halesworth.. 31 Bibby CJ, Burgess ND, Hill DA and Mustoe SH (2000). Bird Census Techniques, 2nd Edition Academic Press, London

2013 using appropriately qualified and experienced bat ecologists. Emergence surveys commenced at local sunset and continued for approximately two hours, surveyors monitored potential egress points and aimed to determine whether bats were roosting within suitable features in the tree (such as holes, crevices and peeling bark). Dawn surveys commenced approximately ninety minutes before sunrise and continued for approximately two hours. Surveyors monitored potential entry points and were observant for any characteristic bat behaviour (i.e. swarming, repeated circling of an entrance or a number of bats returning to the same location repeatedly). The bat roost potential of trees and those trees identified as bat roosts are shown in Appendix 11.2 Ecological Receptors and in Appendix 11.4 Full Survey Results.

11.65 Otter and water vole surveys were carried out by Rebecca Miller MIEEM between the 8th and the 12th October 2012 for all watercourses and adjacent habitat within the Stage 1 Assessment Corridor that the Proposed Gas Pipeline could potentially cross. Water vole survey comprises a search of riparian and pond edge habitat for characteristic signs of vole activity, such as burrows, feeding remains, tracks, latrines, ‘lawns’, and the animals themselves. Otter surveys comprise searches for droppings (spraints), footprints, feeding signs, paths or burrows/holts. The surveys assessed all water-courses and water-bodies within the Stage 1 Assessment Corridor and for a distance of 200 m up and downstream (where access could be secured), in accordance with good practice guidelines32. Each was systematically walked and evidence of use by otters and water vole were noted where encountered.

11.66 A badger survey of the Stage 1 Assessment Corridor was undertaken on 13th October 2012, 5th – 9th November 2012, and 11th September 2013 by Matt Neale MIEEM. This involved searching field boundaries and woodland for badger activity including badger setts, foraging signs, dung pits/latrines, snuffle marks and ‘runs’. Setts, if found, were classified as being Main, Annex, Subsidiary or Outlying, depending upon their size and degree of use. The number of well-used, partially-used and disused sett entrances was recorded.

Limitations 11.67 The desk study, Extended Phase I Habitat Surveys and Protected Species Surveys

have been completed to best practice standards and it is considered that there are no significant limitations to the results. However, it should be noted that availability and quality of the data obtained during desk studies is reliant on third party responses. This varies from region to region and for different species groups. Furthermore the comprehensiveness of data often depends on the level of coverage, the expertise and experience of the recorder and the submission of records to the local recorder.

11.68 Due to access constraints the extended Phase 1 habitat survey for the Stage 1 Assessment Corridor was completed from public rights of way (PRoW) and highways.

32 Strachan. R & Moorhouse.T. (2011). Water Conservation Handbook. Third Edition. Wildlife Conservation and Research Unit. Oxon.




Chapter 11: Ecology

11.69 There were no constraints on access for the separate Extended Phase I Habitat Survey for the Site Office / Pipe Dump at Burn. The arable and asphalt habitats onsite meant that although the survey was outside the optimal survey season it was possible to establish the botanical interest of the area.

11.70 The methodology for CBC bird surveys includes between eight and ten survey visits between March and early July. However, this number of visits is widely accepted as being more than required for the majority of site assessments. A single survey has been completed, however due to the large level of survey effort employed, and the large survey area covered during the survey, it is considered that the results are likely to be highly representative of the avifauna of the Application Area.

Method of Assessment 11.71 This assessment was undertaken by means of existing best practice tools and techniques

as recommended in the CIEEM guidelines (IEEM, 2006). The assessment comprised the following steps: the baseline was defined, i.e. an assessment of the site in its current status, condition

and ecological value was made; the potential development impacts (direct and indirect) and sources of impact on

ecological and nature conservation resources were defined and quantified, where possible, in terms of magnitude and duration. Impacts resulting from the Proposed Development were considered for both the construction and operational stages of the Proposed Development;

consideration was given to mitigation and enhancement measures integral to the development proposals; and

the significance of residual effects assessed and where considered appropriate, suitable additional mitigation measures described.

11.72 For the purpose of this assessment: Ecological and nature conservation features that have been considered within the

assessment include designated sites, on-site and surrounding habitats, as well as on-site and surrounding species;

Mitigation refers to measures that are incorporated into the development proposals to proactively avoid, reduce, control or off-set adverse impacts; and

Enhancement refers to measures that improve ecological and nature conservation (biodiversity) value but which are not measures specifically for the purposes of ecological mitigation.

Significance Criteria 11.73 The ecological value of features and the potential impacts of development on these

features have been determined using CIEEM best practice assessment guidelines. For the purpose of this assessment, the definitions and conventions given in Table 11.3 have been adopted.

Table 11.3 Definitions and Conventions used in Ecological Impact Assessment

Term Definition

Feature value

Based on available guidance, information, personal knowledge, and advice from experts, professional judgement has been used to rate the value of a feature. In applying professional judgement, the following key considerations have been taken into account: Geographic frame of reference: international; national; regional; county; district (or Unitary Authority, City or Borough); local or parish; within zone of influence only (which may be the project site or a larger area). Designated sites: international (SACs, SPAs, Ramsar Sites); national (SSSIs, National Nature Reserves); local (designated by Local Authorities & Wildlife Trusts). Biodiversity value: assessed in relation to published selection/evaluation criteria where available, e.g. Annex 111 of the EC Habitats Directive, SSSI Selection Guidelines, and BAPs. Potential value: e.g. sites where there is a high potential to restore or create Local Biodiversity Action Plan priority habitats. Secondary or supporting value: e.g. features such as linear habitat corridors (e.g. hedgerows and riparian habitats) or stepping stones (e.g. ponds and woodlands) essential for the migration, dispersal and genetic exchange of wild species. Legal status: e.g. in relation to EC Habitats Directive Annex II & Annex IV species, EC Birds Directive Annex 1, Schedules 1, 5 and 8 of the Wildlife & Countryside Act 1981, Protection of Badgers Act 1992.

Impact

The way in which an ecological resource or receptor is affected by a project. The following convention is adopted: Certain/near certain impact: 95% or higher probability Probable impact: probability >50% but <95% Unlikely impact: probability >5% but <50% Extremely unlikely impact: probability <5%

Direction The way in which an impact will affect a receptor. Impacts which benefit or enhance the receptor are described as positive with impacts which degrade, diminish or damage a receptor described as negative.

Magnitude The size or amount of an impact.

Extent The area over which an impact occurs.

Duration The time for which the impact is expected to last prior to recovery or replacement.

Reversibility

Irreversible impacts: permanent changes from which recovery is not possible within a reasonable time scale or for which there is no reasonable chance of action being taken to reverse it. Reversible impacts: temporary changes in which spontaneous recovery is possible or for which effective mitigation (avoidance/cancellation/reduction of impact) or compensation (offset/recompense/offer benefit) is possible.




Table 11.3 Definitions and Conventions used in Ecological Impact Assessment

Term Definition

Ecologically Significant Impact

An impact, negative or positive, which affects the integrity of a defined site or ecosystem, and/or the conservation status of habitats or species within a given geographical area.

Integrity The coherence of a site’s ecological structure and function that enables it to sustain the habitat, complex of habitats, and/or levels of populations of the species found within it.

Receptor Any ecological or other defined feature that is sensitive to or has the potential to be affected by an impact.

Baseline Conditions

Current Baseline Statutory and Non-statutory Designated Sites

11.74 No statutory conservation sites are present within 1 km of the Stage 1 Assessment Corridor or the proposed Site Office / Pipe Dump location (including no European designated sites within 5 km). The closest statutory site is Shirley Pool Site of Special Scientific Interest (SSSI), approximately 2.4 km west.

11.75 A total of 11 European Sites occur within 10 km of the Application Area these sites are listed in the stand alone Habitats Regulations Statement – No Significant Effects Report which accompanies the DCO application, along with details of their respective qualifying features. The closest is the River Derwent Special Area of Conservation located approximately 5.34 km east, with the others being located from 7.44 km distant.

11.76 The Application Area crosses three non-statutory wildlife sites in total. In the south of the Application Area is the Bentley Tilts and Course of Old Ea Beck Local Wildlife Site (LWS). This long linear site comprises the river course flood embankments and associated borrow pits and the course of the Old Ea Beck (see Appendix 11.2 Ecological Receptors, Map No. 9). It contains extensive areas of wetland, swamp and emergent vegetation, dry cattle-grazed grassland on the flood embankment banks, associated locally frequent variable scrub cover and sizeable areas of tall ruderal vegetation. The wetland vegetation element is diverse, containing stands and beds of several locally abundant and widespread species including in the submerged and floating leaved community, broad leaved pondweed Potamogeton natans, fringed water lily Nymphoides peltata, common duckweed Lemna minor, unbranched bur-reed Sparganium emersum, fennel pondweed Potamogeton pectinitus, occasional Canadian pondweed Elodea canadensis and floating sweet grass Glyceria fluitans and locally frequent common water starwort Calltriche stagnalis.

11.77 In the north, the Application Area crosses two non-statutory wildlife sites, located adjacent to each other on either side of the River Went (see Appendix 11.2 Ecological Receptors, Map No. 5). To the south of the river lies the Went Valley (part) LWS and to the north of the river lies the de-notified River Went Floodbank Site of Importance for Nature Conservation (SINC) (de-notified by the North Yorkshire SINC group as this site has been found not to meet the SINC criteria). Habitats include ancient pasture, which has been through an arable/pasture cycle for the last 50 years. The land is currently under Natural England stewardship. The grassland is generally semi-improved. Species include perennial rye-grass Lolium perenne, crested dog’s tail Cynosurus cristatus and is rich with various pockets of heavily grazed rush species Juncus spp. Also frequent in the pasture are broad-leaved dock Rumex obtusifolius, nettle Urtica dioica, red campion Silene dioica and creeping thistle Cirsium arvensis. The boundaries of the field are generally ditched with occasional reed sweet-grass Glyceria fluitans and grazed rushes present. Scattered broad-leaved trees, including grey willow Salix cinerea, osier Salix viminalis, alder Alnus glutinosa and pedunculate oak Quercus robur in the drier areas, are present throughout the site. New hedges where present on the boundaries are comprised of hawthorn Crataegus monogyna, blackthorn Prunus spinosa and field maple Acer campestre.

11.78 An additional 22 non-statutory LWSs are present within 1 km of the Application Area and proposed Site Office / Pipe Dump location, with most of these being close to the former Thorpe Marsh Power Station. The majority of these sites include wetland, grassland and woodland habitats.

11.79 One Yorkshire Wildlife Trust (YWT) reserve is present within 1 km of the Application Area. This site is known as Thorpe Marsh Nature Reserve, and is also a designated LWS (see Appendix 11.2 Ecological Receptors, Map No. 9) and Doncaster Council designated open space policy area. The reserve includes woodland and grassland habitats, including unimproved pasture with 'ridge and furrow' drainage. They are typical of the poorly drained lowland grassland, once common in this area. The reserve also includes a lake, with young reed beds and new woodland, which is important for a range of wildfowl and invertebrates.

11.80 According to information provided by DMBC, ERYC and SDC, there are no trees with Tree Preservation Orders within the Application Area and proposed Site Office / Pipe Dump location. Furthermore the SKM Enviros desk study (2012) did not identify any ancient woodland within their study area.

Habitats

11.81 With regard to vegetative habitats, arable crops cover the greatest proportion of the Application Area, and the entirety of the Site Office / Pipe Dump location. Winter wheat and oil seed rape are the two dominant crops and potatoes are also occasionally grown. Italian ryegrass Lolium multiflorum also features as a forage crop for silage. Permanent improved grassland dominated by perennial ryegrass Lolium perenne is




Chapter 11: Ecology

relatively common within the southern portion of the Stage 1 Assessment Corridor, but rare to the north of Topham. There are isolated fields of more diverse semi-improved grassland in a few locations across the Stage 1 Assessment Corridor (mapped within Appendix 11.2 Ecological Receptors).

11.82 Hedgerows and mature trees are common throughout the Stage 1 Assessment Corridor, and occasional small blocks of woodland also occur, with dominant species being oak Quercus sp and ash Fraxinus excelsior with occasional willow Salix sp, and with hawthorn Crataegus monogyna being the dominant hedgerow species. A total of 31 individual semi-mature or mature trees fall within the Application Area. No trees or hedgerows are present at the Site Office / Pipe Dump location with the exception of a low hawthorn hedgerow at the entrance gate, running along the main road.

11.83 A total of 88 hedgerows within the Stage 1 Assessment Corridor identified as potentially important under the Hedgerow Regulations (1997) were surveyed, with 37 being confirmed as important. The full survey results are presented as a table in Appendix 11.4 Full Survey Results. The surveyed hedgerows are shown in Appendix 11.2 Ecological Receptors with important hedgerows mapped in red. The finalised Application Area covers a total of 57 hedgerow sections, of which 26 sections have been classed as important. The important hedgerows are shown in Appendix 11.2 Ecological Receptors.

11.84 A wide range of waterbodies occur within the Stage 1 Assessment Corridor. The majority of the ponds are small farm ponds. The remaining ponds are larger, and include three large ponds within the tidal range on the washes of the River Aire, a further three large ponds located adjacent to the River Went (possibly transient waterbodies) and a single large pond is located adjacent to the M62. There are a further 107 ponds within 500 m of the Stage 1 Assessment Corridor boundary. Ditches are also common field boundary features throughout the Stage 1 Assessment Corridor. To the west of the River Don, they are often found in association with hedgerows. To the east of the River Don, they form the primary field boundary feature without an associated hedgerow. The Application Area crosses 20 ditches (drains) in total and crosses under one ephemeral pond (Appendix 11.2 Ecological Receptors Map 5 near Topham).

11.85 Rivers, canals and major drainage channels feature as large waterbodies, and the Application Area crosses four major watercourses (Thorpe Marsh Drain, River Aire, River Went and the Aire and Calder Navigation Canal).

Faunal Species

Freshwater Pearl Mussel

11.86 The data search completed by SKM Enviros (2012) produced two records of freshwater pearl mussel: one from 2011 at New Junction Canal (NGR 633151) and one from 2011 at Thorpe Marsh Nature Reserve. The species inhabits flowing watercourses with high water quality.

11.87 The ecological surveys for the Stage 1 Assessment Corridor found that all the ditches were assessed as having negligible to low suitability for freshwater pearl mussel and no

specimens were found. No further consideration for this species has been made within this assessment.

Fish

11.88 No records of protected fish species were identified within the SKM Enviros (2012) data search. The field surveys did not identify any drains or small water bodies (other than ponds which are likely to be artificially stocked) as potentially suitable for protected fish species. Fish are considered to only potentially be present within the larger watercourses and canals within the Stage 1 Assessment Corridor.

Amphibians

11.89 No records of great crested newts were found within 1 km of the proposed Site Office / Pipe Dump location. With regards to the Stage 1 Assessment Corridor, great crested newts are known to occur close to the consented Thorpe Marsh CCGT Power Station at the Thorpe Marsh Area LWS (SKM Enviros, 2009). Signs, reports, and sightings of use by great crested newts of terrestrial habitat around Thorpe Marsh and Thorpe in Balne were recorded during the field surveys in 2013. The ENVIRON ecologists received anecdotal evidence that the fields around Sickle Croft (Appendix 11.2 Ecological Receptors Map 9) have great crested newts present terrestrially, whereby recent works to the railway were reported to require newt trapping and exclusion works. Additionally the ecologists found a number of juvenile great crested newts and two adult females north of Sickle Croft adjacent to the disused railway line near Thorpe in Balne (Appendix 11.2 Ecological Receptors Map 9). These sightings confirm that the newts move across this landscape and use the terrestrial habitat.

11.90 The 2013 surveys (full results shown in Appendix 11.5 Table of Great Crested Newt Survey Results) recorded great crested newts in 11 ponds within 250 m of the Stage 1 Assessment Corridor. These are shown in Appendix 11.2 Ecological Receptors (see Maps 2, 5, 6, 7 and 8 / 9). The Application Area crosses within 250 m of ponds containing great crested newts in six locations altogether.

11.91 Records of great crested newts also occur outside of the Stage 1 Assessment Corridor at Hawkehouse Green and Braithwaite railway ponds (see Appendix 11.2 Ecological Receptors, Map 7).

11.92 With regard to other amphibians, there are three records of common toad Bufo bufo from the Thorpe Marsh Nature Reserve area, and five records from the Topham area. Toads were recorded at a pond near Pollington Carr (refer to Appendix 11.2 Ecological Receptors Map No. 3) during reptile surveys of this area.

Reptiles

11.93 The SKM desk study reported that grass snake, adder Vipera berus, slow worm Anguis fragilis and common lizard Zootoca vivipara are all known to occur within 1 km of the Stage 1 Assessment Corridor.




11.94 According to the SKM desk study, there were 27 records of grass snake and a single record of slow worm within 1 km located at the Thorpe Marsh Nature Reserve Area to the west (see Appendix 11.2 Ecological Receptors, Map 9 which shows part of this reserve), with records dating from 1997-2011. There were three records of grass snake within 1 km of the proposed Site Office / Pipe Dump location, all located around the Selby Canal from 520 m north at the closest point.

11.95 The Extended Phase I Habitat Survey found that the majority of the habitats present within the Stage 1 Assessment Corridor and the proposed Site Office / Pipe Dump location provide negligible habitat for reptiles. The main areas of potentially suitable reptile habitat are limited to isolated areas of less intensively managed semi-improved grassland (this habitat is mapped in Appendix 11.2 Ecological Receptors) and its surrounding boundary features. This habitat occurs on the banks of the larger watercourses including Thorpe Marsh Drain, the River Went, the River Don, New Junction Canal and the River Aire, and also between Race Lane and Kerrick Spring Wood, to the south of Buck Pit Bank, and either side of the M62. Elsewhere, reptiles could occur in low numbers in hedgerows, field margins and ditch banks.

11.96 During the reptile surveys in 2012, no reptiles were recorded at the three sites surveyed (based on the locations having above low potential for reptile habitat). The full survey results are presented as a table in Appendix 11.4 Full Survey Results. However during the ecology surveys in 2013 two adult grass snakes were observed near to the large lake to the south of Topham Farm (see Appendix 11.2 Ecological Receptors Map 5 for the location).

Breeding Birds

11.97 The SKM Enviros (2012) desk study found numerous bird species have been recorded within 1 km of the Stage 1 Assessment Corridor. These include several rare breeding species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended), including barn owl Tyto alba, kingfisher Alcedo atthis, hobby Falco subbuteo, marsh harrier Circus aeurignosus, little ringed plover Charadrius dubius, peregrine Falco peregrinus and red kite Milvus milvus. Any of these species could potentially breed along or close to the Stage 1 Assessment Corridor. Additionally, the bird records returned including several ground nesting species that could be present along the Stage 1 Assessment Corridor. These include skylark Alauda arvensis, grey partridge Perdix perdix, lapwing Vanellus vanellus, yellow wagtail Motacilla flava, pheasant Phasianus colchicus and meadow pipit Anthus pratensis. Many of the species recorded are also included as priority species in the UK and local BAPs, as well as being listed as species of conservation concern.

11.98 The full results of the breeding bird surveys are illustrated within the ENVIRON EIA Scoping Report33. The bird survey identified a number of notable bird species breeding along the Stage 1 Assessment Corridor, including kestrel, reed bunting Emberiza schoeniclus, lapwing, yellow wagtail, yellowhammer and tree sparrow Passer domesticus.

33 ENVIRON. Thorpe Marsh Gas Pipeline. EIA Scoping Report. 24 October 2012

The only species listed on Schedule 1 of the Wildlife and Countryside Act 1981, as amended, to be observed during the surveys was corn bunting with a maximum of three pairs at the very northern end of the survey area. However, these were limited in geographic extent to a small area located between Race Lane and Sandwith Lane.

Water Voles

11.99 Data provided by DMBBRC and NEYDEC included records of water vole in the Topham and Sykehouse areas. Records date from the 1996-1998 period and are between 250m and 1 km south-east of the Stage 1 Assessment Corridor.

11.100 Larger ditches and ponds were identified during the Extended Phase I Habitat Survey as providing potentially suitable water vole habitat. The field surveys found signs of water vole (burrows and latrines in a pond and a ditch, and a water vole was heard entering one pond but no physical signs were found) at three locations in total. Furthermore, a water vole and a latrine were observed in the ponds / former moat at Fenwick Hall while undertaking the newt surveys. The locations are shown in Appendix 11.2 Ecological Receptors and the survey results are presented as a table in Appendix 11. 4 Full Survey Results.

Otter

11.101 DMBBRC returned five records of otter within 1 km of the Stage 1 Assessment Corridor. These records came from the area near the consented Thorpe Marsh CCGT Power Station, including the Nature Reserve and Thorpe Marsh Drain, to the west of the Stage 1 Assessment Corridor, and Barnby Dun area to the east. A single record was located at Topham Ferry Bridge approximately 300 m east of the Stage 1 Assessment Corridor on a watercourse that flows into the River Went. The records all date from 2001-2011.

11.102 The Extended Phase I Habitat Survey identified that all the major watercourses crossed by the Stage 1 Assessment Corridor all provide suitable otter habitat. These major watercourses were not surveyed for otter however as it is understood such features will be subject to trenchless boring methods and any animals will be unaffected / unharmed by the works.

11.103 During the 2012 field surveys of ponds and ditches, no signs of otter were found using these features, and generally these features had low suitability for otter.

Badger

11.104 DMBBRC did not return any records of badger from the local area. Fieldwork completed for the proposed Thorpe Marsh CCGT Power Station found several setts within 150m of this site.

11.105 Relatively few signs of badgers were observed during the Extended Phase I Habitat Survey. However the dedicated badger survey found three badger setts within the vicinity of the Stage 1 Assessment Corridor. None of these lie within the Application Area or within 30 m. The locations of the setts are confidential at this time.




Chapter 11: Ecology

Bats

11.106 The SKM Enviros (2012) data search revealed that four bat species have been recorded within 1 km of the Stage 1 Assessment Corridor. These are noctule Nyctalus noctula, common pipistrelle Pipistrellus pipistrellus, Daubenton’s bat Myotis daubentonii (recorded near Snaith) and whiskered bat Myotis mystacinus.

11.107 During fieldwork completed for the consented Thorpe Marsh CCGT Power Station in 2009, common pipistrelle and noctule were recorded in small numbers, foraging over scrub and along hedgerow habitat.

11.108 A total of 81 trees have been surveyed with 14 trees confirmed as bat roosts for two species (noctule and common pipistrelle). The results indicate a generally low density and low diversity of bats along the Stage 1 Assessment Corridor and all the roost records were of individual bats. The trees where bat roosts have been confirmed are shown in Appendix 11.2 Ecological Receptors. The survey results are presented as a table in Appendix 11. 4 Full Survey Results.

11.109 There are three trees with confirmed roosts that lie adjacent to (but outside of) the Application Area. The trees are shown in Appendix 11.2 Ecological Receptors and are labelled as 841 (see Map 7, near Moss and Hawkehouse Green), 305 (also Map 7 near Hawkehouse Green Dyke and Mill Dyke) and 1003 (see Map 9 near Thorpe Marsh).

Other Species

11.110 The SKM Enviros desk study revealed a number of BAP priority species records within the Stage 1 Assessment Corridor and these are detailed below, along with any field sightings or other evidence recorded during the field surveys.

11.111 Recorded from the Thorpe Marsh Nature Reserve area are two UK BAP plants, tubular water dropwort Oenanthe fistulosa and marsh stitchwort Stellaria pallustris.

11.112 The UK BAP priority butterfly species Wall Lasiommata megara has also been recorded at Thorpe Marsh Nature Reserve, along with three UK BAP priority moths, cinnabar Tyria jacobaea, shaded broad-bar Scotopteryx chenopodiata and oak hook-tip Watsonalla binaria.

11.113 At Ash Hill Farm near Moss (NGR SE 605134) there are a number of records of Wall along with four UK BAP priority moths (centre-barred sallow Atethmia centrago, small square-spot Diarsia rubi, dusky thorn Ennomos fuscantaria and pale eggar Trichiura crataegi). Other UK BAP priority moths recorded within the Stage 1 Assessment Corridor include cinnabar, which has also been recorded from the River Went near Topham (NGR SE 621174), rustic Hoplodrina blanda, shaded broad-bar and grey dagger Acronicta psi which have all been recorded from Topham Farm (NGR SE621731).The data search also revealed seven records of brown hare Lepus europaeus, another UK BAP and Doncaster LBAP priority species. Four of the records are from the Thorpe Marsh Nature Reserve.

11.114 Anecdotal evidence suggests there was previously a mink Neovison vison farm near Topham and mink were released from there sometime in the past. Two mink were observed in a drain next to Wrancarr Farm in Trumfleet.

11.115 The existing ecological receptors are summarised in the table below, along with an assessment of their ecological importance.

Table 11.4 Assessment of importance of ecological receptors onsite.

Feature Importance Rationale

Non-statutory Wildlife Sites: Bentley Tilts and Course of Old Ea Beck LWS Went Valley (part) LWS De-notified River Went Floodbank SINC

District level

Areas of greater botanical diversity, with wetland, semi-improved grassland and other habitats.

Arable land Site level (zone of influence) Heavily managed altered habitat; frequent in the county

Improved grassland Site level (zone of influence) Heavily managed altered habitat; frequent in the county

Semi-improved grassland Local level

Provides areas of greater species diversity and provides potential habitat for amphibians and reptiles where present

Hedgerows: Important Species-rich Species-poor

Hedgerow sections are of Local level importance. Important hedgerows are of District importance

Provide connectivity across the landscape; potentially important habitat for numerous breeding birds. Important hedgerows are often more biodiverse and mature, they may also support a range of understorey plants, and often have historic features such as ditches and walls associated with them.

Individual Mature and Veteran Trees Local level

Provide landscape character and may provide habitat for birds, bats and invertebrates. Individual trees are a frequent part of the surrounding landscape.

Woodland blocks Local level

Occur occasionally in the landscape. Provide habitat for local wildlife. No woodlands within the Application Area are identified as ancient semi-natural woodland.




Ponds Local level

One pond is present within the Aplication Area; however ponds occur frequently in the area; these have the potential to support great crested newts and other wildlife.

Ditches Local level

Common landscape features; may provide habitat for watervole and other wildlife.

Rivers, canals, major drains County level

Major waterways may provide habitat for a range of invertebrates, fish, watervole and mammals including otter.

Invertebrates Site-level only No habitats or features identified within the Application Area likely to support any notable invertebrate species or populations.

Amphibians Local level A number of ponds within 250 m of the Application Area were found to support great crested newts in six geographic locations. Meta-populations are well established in some areas within the Application Area, and may use terrestrial habitats onsite.

Reptiles Site-level only Areas of semi-improved grassland, hedgerow, ponds and woodland edges have the potential to support reptiles. However, no reptiles found during surveys therefore it is considered that reptiles are likely absent or present only at low levels within the Application Area. Majority of habitat within the Application Area is considered to be less optimal to support reptiles.

Breeding Birds Site-level only Habitats onsite are likely to support a range of commonly occurring bird species.

Bats Local level Three roosts for individual common pipistrelle and noctule bats present in trees adjacent to but not within the Application Area, considered likely to be infrequent summer roosts. Foraging habitat very limited onsite. Site is only likely to support common bat species. Hedgerows provide commuting features.

Water Vole Site-level only No water vole found in Application Area during surveys although this species was recorded within 250 m in ponds at Fenwick Hall. Onsite habitats have the potential to support water vole, and provide connectivity to adjacent habitat.

Badger Site level only No setts within 30 m of the Application Area. Habitats onsite may provide only limited foraging habitat.

Future Baseline Do Nothing

11.116 The Application Area is currently influenced by ongoing land management practice for the most part, with natural processes playing a much more minor role if any. The majority of the Application Area is under active management for arable crops and as permanent pasture (mainly improved grassland with only small areas of poor semi-improved or semi-improved grassland) and this land use is unlikely to change in use at any point in the future, although some fields may be left fallow from time to time. Other habitats onsite include blocks of woodland, hedgerows, mature trees, ditches and ponds. Woodlands and mature trees, and to a lesser extent hedgerows, are generally considered to be climactic and permanent features of the landscape and are unlikely to change in the short to medium term. Furthermore it is considered likely these habitats are also actively managed by landowners/occupiers and by current grazing regimes. Ponds and ditches may be managed less intensively, with occasional dredging.

11.117 Without management, the arable land and pasture would likely succeed to tall ruderal habitat and then to scrub. This would result in an increase in the habitat resource for invertebrates, small mammals and birds. Some ponds and ditches may silt up, reducing the open water resource in the area. Hedgerows may become overgrown, forming




Chapter 11: Ecology

wooded pockets with scrub margins. Individual trees within hedgerows may grow and overshadow / crowd out other shrubs. In the longer term parts of the site would succeed to dense scrub and woodland, reducing the mosaic of habitats, but providing a greater area for woodland specialist species overall which would be able to colonise from existing woodland blocks.

Sensitive New Receptors

11.118 No significant new ecological receptors are considered likely to result from the Proposed Development.

Potential Effects

11.119 The potential for likely significant effects to European Sites are assessed in the stand alone Habitats Regulations Statement – No Significant Effects Report which accompanies the DCO application. Due to the large distances between the Application Area and the nearest European Sites and the fact that there is an absence of potential pathways of effects, no likely significant effects have been identified.

11.120 The majority of land crossed by the Application Area is either arable or grazed pasture (98% of the total area). The remainder comprises 1.1% of crossings (of ditches, roads, waterways, railways and dismantled railways, and one pipeline) and 0.9% of other habitat types (mainly hedgerows and land non-ecologically classified as ‘woodland’).

11.121 As stated in paragraph 11.4 the majority of impacts will be at the Construction Phase. The operational phase of the Proposed Development would not have any significant ecological effects. Decommissioning would be undertaken by filling the pipeline with grout and / or nitrogen which would not have any anticipated ecological effects. Decommissioning of the AGI will result in demolition of the built structures.

11.122 Construction methodologies are detailed in Chapter 6. Open cut crossings (using trenches) are the most likely to have a potential adverse impact on ecological receptors if not mitigated appropriately.

11.123 Planned open cut crossings include 16 crossings on smaller water bodies such as drains (larger waterways in particular will be subject to trenchless methods), and two crossings of dismantled railways which are typically wooded. Specific effects on the drains and dismantled railways are discussed within the relevant sections below.

11.124 Open cut crossings of tracks (14 No.) are also more likely to affect trees and hedgerows which typically line such features.

11.125 There is one main road crossing at Trumfleet Lane (Works Plan ref: 89) where trees will need to be removed to facilitate works. This is because a thick band of trees is present and would impede movement of heavy plant. Specific effects are discussed in the sections below (and see paragraph 11.144).

11.126 In total the Application Area encompasses 31 No. mature trees (see Appendix 11.4 Full Survey Results). All these trees have either negligible bat roost potential (no bat surveys

undertaken), or low or moderate bat roost potential (bat surveys undertaken in 2013 for each tree). There is the potential for a number of these trees to need to be removed subject to specific ground conditions once construction commences; however the Working Width can be reduced to avoid such features and retain trees wherever possible. The necessity to remove trees will be avoided as much as is possible. Specific effects are discussed in the sections below.

11.127 No potential effects are predicted on the Humberhead National Improvement Area (NIA).

Potential Construction and Maintenance Works Effects 11.128 In the absence of mitigation, the following potential impacts could occur during the

construction works: Impacts on non-statutory wildlife sites; fragmentation of habitats (within the Working Width comprising >12 m – 30 m

variably); indirect effects on hedgerows and trees (e.g. damage to branches and roots); pollution associated with construction run-off entering water bodies (in the absence

of standard mitigation controls); dust settling on adjacent habitats during the construction phase (potential impacts

from dust are considered in detail in Chapter 14 Air Quality); disturbance of fish species and amphibians in watercourses; disturbance of refugia and injury or death of individual reptiles and amphibians; disturbance of nesting birds; disturbance / destruction of water vole burrows and fragmentation of their habitat

during the duration of the works; disturbance of Eurasian otter; disturbance / destruction of badger setts; harm to individual badgers and other animals from excavations; and disturbance / destruction of bat roosts.

Potential Operational / Decommissioning Effects 11.129 In the absence of mitigation, the following potential impacts could occur during the

operational / decommissioning phases: disturbance of bat activity from intermittent lighting at the AGI; all construction effects listed above may potentially reoccur temporarily if

emergency maintenance to a section of the pipeline has to be made (this would apply to a limited area only); and

decommissioning of the AGI.




Mitigation

11.130 Where possible, the Proposed Route Corridor has been selected to avoid or minimise impacts on features of nature conservation importance identified during ecological surveys. In addition the construction programme and the proposed construction techniques have been selected to avoid or minimise potential ecological impacts where possible.

11.131 A hierarchical approach to ecological mitigation has been adopted as follows: Impact Avoidance; Impact Reduction; Impact Mitigation; and Enhancement Measures.

Impact Avoidance Habitats

11.132 The Application Area has been adjusted slightly to avoid an area of plantation woodland (Kerrick Spring Wood, Appendix 11.2 Ecological Receptors Map 1) instead cutting through an area of recently felled woodland with saplings present (negligible ecological value).

11.133 The Proposed Route Corridor has been amended to avoid hedgerows and trees wherever possible to minimise impacts on habitats. Important hedgerows at Moss Lane and Trumfleet Lane (Appendix 11.2 Ecological Receptors Map 7) will be avoided by using trenchless methods to cross the roads.

11.134 No non-statutory wildlife sites will be subject to disturbance. At crossings through each of the three non-statutory wildlife sites identified within the Application Area, trenchless techniques will be utilised, thus avoiding impacts on these sites of higher ecological sensitivity. Further details are provided where relevant in the sections below.

11.135 The Proposed Route Corridor has been ‘dog-legged’ slightly at Applehurst Lane (Appendix 11.2 Ecological Receptors Map 9) to avoid an overhead power line and then a single large mature oak tree (having intrinsic amenity and wildlife value). The tree is located in an area where soil will be stored for the crossing of the dismantled railway. Demarcation fencing will be placed around the tree and topsoil stored in adjacent areas.

11.136 Where trees fall within the Application Area but are not required to be removed they will be protected in accordance with BS 5837: 2012 Trees and Construction. There is the potential for a small number of trees to be affected in this way. However the Working Width will also be reduced in these areas where necessary to minimise any impacts on trees. In this way the majority of trees within the Application Area will be unaffected by the proposed works.

11.137 It has been decided to drop a side access at Fenwick Hall which cut through terrestrial great crested newt habitat and passed adjacent to an active badger sett. This will reduce

the potential impacts from the Proposed Gas Pipeline at this ecologically sensitive location.

Badger Setts

11.138 In order to avoid an active badger sett located in a disused railway embankment near the crossing at Pollington Fleet Drain (exact location withheld from the public record), the Proposed Route Corridor has been subject to a minor re-alignment to ensure there is an acceptable distance (defined as at least 30 m) between the sett and the proposed Working Width.

11.139 The 30 m zone around active setts at Fenwick Hall has been avoided by moving the Proposed Route Corridor further east than initially planned.

11.140 A re-survey of the Application Area for badger setts will be undertaken in the year prior to works commencing to ensure no new badger setts have been established within 30m.

Bats

11.141 An identified bat roost within a tree (Tree 641 at Moss Common, Appendix 11.2 Ecological Receptors Map 7) has been avoided by making a minor adjustment and routing the Application Area slightly to the south-east at this location.

11.142 The Marsh Lane track crossing point just to the east of Thorpe Marsh Drain cuts through a cluster of mature to over-mature trees forming part of a ‘gappy’ overgrown hedgerow on the east side of the track. One of these trees (within the group of trees labelled as 1003, see Appendix 11.2 Ecological Receptors Map 9) has been identified as a bat roost. It was not possible to ascertain which tree was the bat roost as the bat emerged without being directly observed coming from its roost. The Working Width will be reduced to 12 m in this location in order to ensure none of the trees around 1003 are required to be removed.

Watercourse crossings

11.143 There is a river crossing at River Went (Appendix 11.2 Ecological Receptors Map 5) where the river is protected by flood-banks 135m to the north and 25m to the south of the river. An ephemeral pond is located centrally between the northern flood-bank and the river. This is the location of the previously designated, now de-notified River Went Floodbank SINC (north of the river) and the Went Valley (part) LWS (south of the river). The river will be crossed using trenchless techniques over a distance of 270 m avoiding the flood-banks, the river, the pond, an area of subsidence in the river terrace, and a tree-lined hedgerow. This will avoid environmental impacts in this location, by ensuring there are no works at ground level which may disturb the part- LWS or de-notified SINC, and ensure no trees are cut down.

11.144 The Thorpe Marsh Drain is designated as part of the Bentley Tilts and Course of Old Ea Beck LWS. This area (see Appendix 11.2 Ecological Receptors Map 9) will be crossed using trenchless techniques. This will avoid impacts to the drain and its flood-




Chapter 11: Ecology

banks (comprising the LWS), a ditch running along the west side, and hedge sections flanking the embankments.

11.145 The large watercourses along the Application Area (namely the River Went, Aire and Calder Navigation and River Aire as well as Thorpe Marsh Drain) will be crossed using trenchless construction techniques. This approach will ensure there is no obstruction or disturbance to otter, fish and other aquatic fauna and will avoid the need for watercourse restoration works on these larger watercourses. More details on construction of watercourse crossings are provided in Chapter 6 Construction, Operation and Decommissioning.

11.146 Measures will also be taken to ensure that watercourses within the Working Width and beyond are not polluted by silt or accidental release of fuels or other contaminants during construction. Chapter 10: Water Resources and Flood Risk details these measures, which include the approval of method statements, sediment control measures such as the use of bunds and silt fencing where necessary, the use of sedimats and straw bales to trap sediment during construction of open cut watercourse crossings and the careful reinstatement of watercourse substrates.

Environmental Advisor

11.147 In order to avoid any impacts on key ecological features, an environmental advisor (also known as an ecological clerk of works) will be on site as part of the team overseeing processes such as hedgerow and watercourse crossings and to complete pre-construction surveys of key habitats and various species groups, including birds, badgers and water voles. This will update the information on the ecological baseline and will indicate if any changes have occurred since the 2012 and 2013 surveys.

Impact Reduction Habitats

11.148 The Proposed Gas Pipeline route has been designed to reduce the potential impact on the habitats and species of the area. The Proposed Route Corridor passes almost entirely through arable land. Arable habitats are constantly subjected to ploughing, planting and harvesting activities and their disturbance is part of the cycle. Therefore impacts on arable habitat are of less consequence and duration than on other types of habitats which take longer to establish and are not usually subject to frequent disturbance.

11.149 Six existing access tracks have been identified for use during the construction phase of the Proposed Gas Pipeline as far as possible. This will help to reduce the impacts of accessing the Application Area using heavy plant.

11.150 It is likely that some widening of access tracks will be required, or may occur due to the passage of heavy vehicles, although not beyond the DCO Order Limits. Five of the side accesses have a hedgerow on one side and open field on the other. Some of the unkempt hedgerows may need trimming back to prevent brambles scratching bodywork. Any required widening will affect the field side of the track and would not impact hedgerows. The sixth side access is Marsh Lane (off Thorpe Bank, see Appendix 11.2 Ecological

Receptors Map 9) and consists of a wide grassed area with hedgerows on both sides. In this case there will be sufficient width in which to access this area without impacting on the hedgerows.

11.151 The use of these access tracks may impact trackside vegetation temporarily through flattening and wear and tear. Only minor wear to trackside vegetation would be expected and recolonisation would occur from unaffected understorey vegetation located beneath hedgerows and within the centre of the tracks.

Dismantled Railway Embankment Crossings

11.152 The location for the first dismantled railway crossing (Works Plan ref: 62) has been carefully selected to exploit a “weak spot” in the tract of trees and shrubs to ensure that only the minimum of the smaller / immature trees will be cut down and removed (see Appendix 11.2 Ecological Receptors Map 4).

11.153 The second crossing point of the dismantled railway embankment (Works Plan ref: 111) (Appendix 11.2 Ecological Receptors Map 9) has been chosen to pass through a more thinly vegetated section of a heavily wooded embankment, where three smaller trees will need to be cut down and removed. Two large areas either side of the embankment have been earmarked for temporary storage of the soil dug out of the embankment whilst the Proposed Gas Pipeline is installed. The embankment will be re-formed and replanted with saplings and bushes.

Road Crossings

11.154 Trumfleet Lane (Works Plan ref: 89) has a deep ditch on the east and is lined with trees on the west side. This location will be crossed by trenchless methods, which will minimise the loss of trees to just 2 No. in order to allow passage of heavy plant which otherwise could not gain access and operate.

Great Crested Newts

11.155 The Proposed Route Corridor has been moved east at Fenwick Hall and north of Moss (both shown on Appendix 11.2 Ecological Receptors Map 6) to be as distant from ponds containing great crested newts as possible.

11.156 The Application Area crosses within 250 m of ponds containing great crested newts in six locations altogether (referenced maps below are contained within Appendix 11.2 Ecological Receptors): Gowdall (Map 2); North of Topham (Map 4); Fenwick Hall (Map 6); North of Moss (Map 6); South of Moss / Moss Common (Map 7); and Thorpe in Balne (Sickle Croft) (Map 9).




11.157 A Natural England Protected Species Licence for works affecting the great crested newt habitat will be applied for once the DCO has been granted. In the interim, as this is a Nationally Significant Infrastructure Project (NSIP), a Draft Licence Application has been submitted to Natural England, from which Natural England can issue a ‘Letter of Comfort’ in advance of the Proposed Gas Pipeline being granted planning permission. The application for a Letter of Comfort is essentially the same as a full Protected Species Licence application and contains full details of the great crested newt mitigation measures to be implemented as part of the Proposed Development.

11.158 At each location within the 250 m zone, measures to ensure no individuals are harmed during the works will be put into place, including great crested newt fencing, trapping and relocation (see Appendix 11.3 Proposed Newt Fencing for locations where these measures are proposed). The measures will be detailed within the draft Protected Species Licence. Fencing will generally comprise linear sections of fencing erected along the Working Width. Any animals trapped within the fencing will be relocated to a suitable identified location adjacent (see further details below). The fencing will remain in place to prevent re-entry of the newts to areas where machinery and plant are active, thus preventing inadvertent harm of individual animals. This methodology is also effective for reptiles which may also potentially be present. The fencing will have access gates from one side to another to allow passage for landowners and occupiers.

11.159 Translocation sites will be identified where necessary in the year prior to works commencing onsite during the pre-construction surveys. In general it is expected that translocation sites will be directly adjacent habitat outside of the Working Width. Where necessary these sites will be enhanced through the placement of suitable material, brash, rubble and minor habitat modifications.

11.160 Around Sickle Croft (Appendix 11.2 Ecological Receptors Map 9), great crested newts were found to use terrestrial habitats in the surrounding area during the field surveys and from anecdotal information. Therefore great crested newt fencing will also be installed within part of the 500 m zone around this pond, in the field to the west by Applehurst Lane, in order to ensure no individuals are harmed during the Proposed Development.

Reptiles

11.161 In areas where great crested newt fencing is to be deployed i.e. within 250 m of ponds containing this species and in areas of confirmed terrestrial habitat (see Appendix 11.3 Proposed Newt Fencing), the prescribed mitigation measures for great crested newts are also considered appropriate for reptiles.

11.162 Outside these areas, due to the risk of very low numbers of reptiles being present within suitable habitat (small areas of less intensively managed semi-improved grassland, and in hedgerows, field margins and ditch banks) in isolated sections of the Application Area, a mitigation strategy will be formulated to avoid harming any individuals present. This will involve habitat manipulation that carefully removes suitable habitat in stages, thereby encouraging reptiles to move on their own accord into areas of suitable habitat adjacent.

11.163 Appropriate measures to avoid committing the offence of killing or injuring individual animals are outlined below: In ecologically sensitive areas which have a higher suitability for reptiles (such as

within 500 m of great crested newt ponds, within 500 m of confirmed locations of reptiles, and areas of semi-improved grassland habitat) it is recommended that vegetation and debris are manually cleared;

This work would be done under supervision of an ecologist / ecological clerk of works;

Suitable vegetation including scrub and hedgerows would be stripped to 150mm initially by workers on foot using handheld tools (rather than by use of large plant). Any large rocks, stones, rubble or debris found in these areas will be lifted and cleared piece by piece using an excavator, once the vegetation is cleared;

All cut vegetation and rubble / debris will be removed to avoid creating habitat for reptiles. Rubble and hibernacula materials may be stored separately within Temporary Works Areas until it can be replaced once works are complete. Suitable locations for storage will be determined by the ecological clerk of works. Alternatively the materials will be removed by vehicle and disposed of by the contractor;

Once these more sensitive areas of vegetation are cut back, and within 1-2 weeks of works occurring in a specific section of the pipeline, long grass and vegetation alongside tracks and paths within the Application Area will be cut back to 150mm either using strimmers or mowers in a progressive manner (e.g. from north to south). This will encourage reptiles to move away from the Application Area and discourage reptiles from using this habitat while works are in progress;

Where suitable vegetation habitat is present (i.e. solely areas of semi-improved grassland) and rubble or rocks are to be removed to below ground level (i.e. removal of large roots etc.), this will be undertaken after the initial cut to 150mm at a time of year when reptiles are active (i.e. April to early October) and when the temperature is above 10°C to avoid harming hibernating or inactive animals; and

If any amphibians or reptiles are discovered, works would cease immediately and an appropriately qualified ecologist contacted.

Water Vole

11.164 The Application Area does not intersect any drains or ditch sections where water vole burrows have been identified. However burrows have been found in the immediate vicinity including at West Marsh (Appendix 11.2 Ecological Receptors Map 2) and Fenwick Hall (Appendix 11.2 Ecological Receptors Map 6). Potentially suitable habitat is present in ditches and isolated areas of semi-improved grassland in a number of locations along the Application Area.

11.165 The current guidelines for water vole survey and mitigation are being reviewed and new guidance is due to be published by the Mammal Society later in 2014. This




Chapter 11: Ecology

guidance will supersede that presented in Chapters 2 and 9 of the Water Vole Conservation Handbook (2011) with specific regard to legislation, impact assessment and mitigation in the context of development. Specific parts of Chapter 4, which provides guidance on survey requirements, will also be amended in relation to ecological or environmental assessments for development. The new guidelines are to be considered ‘interim’ guidance and will be updated as new evidence emerges. Therefore the specific recommendations made within this chapter with regard to water vole will be reviewed prior to the time of the pre-construction works.

11.166 In principle subject to the guidance noted above, surveys of ditches will be undertaken in the year prior to construction works commencing to identify any burrows or populations of water vole within or adjacent to the Working Width. The surveys will also include adjacent land and ditches in order to identify potential areas for relocation of water voles. It is likely that the new guidelines will require two separate surveys undertaken in May-June and again in July-September. Strimming of vegetation on the banks of those drains to be subject to open cut crossings within the Working Width (narrowed to 14 m where possible) in the year prior to construction would reduce the suitability of the strimmed area for water voles, and encourage them to use alternative sites. The strimming would be done initially in the summer the year prior to works commencing. From the time of the initial cut until construction begins (in March the following year), the vegetation will be kept short with cutting at frequent intervals. This would only be undertaken on short stretches of bank within the Working Width (in accordance with best practice guidelines).

11.167 If no individual burrows or other signs of active use by water voles are found within the Working Width, then standard mitigation measures will apply for the fragmentation of watervole habitat. A track will run along the length of the Working Width for the duration of the pipeline installation which will fill the ditches (within the Working Width), however the flow of water will be sustained by the installation of flume pipes along the ditch beneath the installed track. The period of time from breaking ground, the laying of the pipeline itself, until the flow of water is restored along the ditch through flume pipes, would only be around two days. This will minimise the period of time in which watervoles are unable to use the ditch to access all parts of their habitat. Once the flume pipes are installed, connectivity will be re-established along the ditch via the watercourse. This will minimise the fragmentation effect on water vole habitat. Water voles will be able to use the flume pipes to reach undisturbed vegetation either side of the Working Width (narrowed where possible) in these locations.

11.168 Should new water vole burrows be recorded during pre-construction surveys within the areas to be disturbed, mitigation will be designed in accordance with the latest guidelines. Natural England may be able to issue a license to trap and translocate the water voles for the purpose of conservation34. There may be the need for further mitigation in this instance in order to secure a license from Natural England, such as improvements to the bank

34 Natural England (2008). Water voles – the law in practice. Guidance for planners and developers. Guidance Note NE86. Natural England. Available: file:///C:/Users/sharper/Downloads/ne86.pdf

profile of ditches, and planting with food plants and other native vegetation suitable for use by water voles. Furthermore, although extremely unlikely given the survey results to date, there is a very low possibility that significant populations of watervole may be identified adjacent to the Working Width which may prevent the safe release of any trapped watervoles adjacent to their original location (due to population pressures which will generally result in mortality of the released watervoles). In this (unlikely) case, then the trapped watervoles would be proposed to be released in a suitable alternative ditch location(s) along the Working Width where no watervole have been identified to be present during the pre-construction surveys.

11.169 Trapping of animals (in order to translocate the animals) within the Working Width would be undertaken by an experienced licenced ecologist and in accordance with the latest guidelines, using appropriate techniques such as exclusion fencing, and traps of mesh with a wooden bedding chamber and simple bar locking mechanism. Trapping of water voles would be undertaken in the correct season (trapping of water voles is best timed for a period in early spring (March-April) depending on location) when the species is generally active and before the onset of their main breeding season. This is the most cost-effective option which will result in relatively low numbers of individuals being taken into temporary captivity. This would be determined as part of the Natural England licence application in the year prior to commencement of works.

Bat Roosts

11.170 No trees to be removed have been identified as bat roosts during the surveys. 11.171 No trees which have been previously assessed as having Low potential for bats (9 No.

fall within the Application Area) and Moderate potential for bats (1 No. within the Application Area) will be felled as the Working Width can be reduced at these locations to avoid these trees as required.

11.172 There continues to be the potential for bats to establish roosts in other trees which have not been assessed as having potential to support bat roosts in the future (i.e. negligible potential). If any mature trees are to be removed, they will be ‘soft-felled’ whereby any sections of trunk or large branch with cracks or holes are lowered to the ground under the supervision of an ecologist. Furthermore, if considered necessary by the Ecological Clerk of Works, a dawn survey for roosting bats will be undertaken prior to soft-felling of any mature trees to provide greater certainty on the absence of bat roost presence /occupation.

Badgers and other mammals

11.173 A re-survey of the Application Area for badger setts will be undertaken in the year prior to works commencing to ensure no new badger setts have been established within 30m. If new badger setts are discovered, a licence from Natural England would be obtained in order for the works to proceed. Required mitigation works may include temporary exclusion of the badgers from the sett until the works are complete. If a new




sett falls within the Application Area, the sett may be required to be closed under licence. 11.174 Any badger ‘runs’ that are close to or crossing the pipeline application area will be

identified by the Ecological Clerk of Works, and adequate precautions taken to ensure no plant or storage of materials block these runs (such as barriers, signs etc). This will form part of the Ecological Management Plan to be produced nearer to the time of construction, as outlined in the DCO.

11.175 Impacts on badgers and larger mammals such as deer can be avoided by designing all excavations to include escape ramps which would provide a means of escape for badgers if they were to fall in and become trapped.

Timing of Vegetation Removal

11.176 Removal of large vegetation within the Application Area (including access tracks) such as trees and hedgerows will be completed prior to the main construction works and outside of the breeding bird season.

11.177 Topsoil removal within the Working Width will be one of the first activities undertaken during construction and is likely to occur in approximately March, at which point crops will be sparse and ground nesting birds are unlikely to have begun nesting. Prior to topsoil stripping, a check for nests will be undertaken. Subsequently, prior to construction works commencing, bird surveys of the area stripped of topsoil will be completed to ensure no nests are present. In this way, the suitability of the Working Width for nesting birds will be greatly reduced.

Invasive Plant Species

11.178 Prior to excavation (including soils, vegetation and ditches), to avoid potential, deleterious impacts from invasive, alien plant species on uncultivated land, each location will be checked for invasive plant species. If these occur, an appropriate management plan will be adopted to prevent the spread and reintroduction of undesirable plants within the Working Width during soil storage and following construction. This will include: marking out of invasive plant species stands with barriers and signs; reducing the width of the Working Width where invasive plants occur to the minimum

necessary area; removal of known invasive species from a five metre buffer zone around the effective

area of works (but within the Working Width 30 m area); and subsequent monitoring and control where necessary, of invasive plants within the

Working Width following construction where necessary.

Soil Storage and Replacement

11.179 The topsoil which will be removed from the Working Width will be stored and replaced following construction activities. As topsoil will be stored for less than a year, the bank of seeds found in the soil will remain viable and following reinstatement will result in natural regrowth in those areas which are not actively farmed. Topsoil from areas of increased

floral diversity such as along ditch and drain banks will be stored separately in order that it can be replaced at those locations.

11.180 As outlined in Chapter 9 Geology and Ground Conditions, mitigation measures will be undertaken during backfilling of trenches to minimise the risk of potential differential settlement of the Proposed Gas Pipeline which could impact on reinstatement proposals.

11.181 Best practice soil storage and handling technique will be implemented to ensure that the substrates along the Proposed Route Corridor are returned as near as possible to their original condition post construction.

11.182 In a few undisturbed locations e.g. where semi-improved grassland is present, there may be signs of ‘rig and fur’, a ridge pattern used for drainage purposes. Where this pattern does occur any soils removed will be replaced as best as possible to replicate this pattern. The ‘rig and fur’ pattern creates variations in soil moisture and this shows in variations in vegetation across the high and low points of the field, creating an important ecological feature. Prior to commencement of pre-construction surveys, the use of aerial photography will be used to identify fields with ‘rig and fur’ and the fields will be surveyed subsequently to verify the location of this feature.

Lighting During Construction

11.183 In order to reduce potential impacts on crepuscular and nocturnal species, illumination of any construction areas outside of normal daylight hours will not generally be required. Where lighting is necessary, such as at proposed HDD work sites (anticipated to be three locations) and the hydrotesting locations (anticipated to be two locations), it will be directional, focusing on work areas only and suitably cowled in order to limit potential impacts on adjacent sensitive habitats (such as open water). Lighting would be small scale and limited to mobile lighting units. The lighting strategy would be outlined within the construction environmental management plan (CEMP).

Lighting at the AGI (Mitigation during Operation)

11.184 In order to reduce potential impacts on crepuscular and nocturnal species, lighting at the AGI compound will be designed and constructed to be highly directional and to avoid light spillage beyond the AGI compound. Lighting columns will be of the minimum height possible to provide the required lighting and will utilise cowling to ensure that the lighting is only directed where needed. Lighting at the AGI compound will be controlled by an infrared movement sensor system and will switch on only when movement within the AGI is detected or when essential maintenance is required. The lighting scheme would be designed following guidelines from the Bat Conservation Trust: Bats and Lighting in the UK.




Chapter 11: Ecology

Environmental Training

11.185 Site inductions and tool box talks will highlight nature conservation constraints, and signage will indicate features of nature conservation importance. See Chapter 7 Safety and Environmental Management for further details.

Construction Environment Management Plan

11.186 A CEMP would be developed to provide a framework for the management of environmental impacts including those on ecological receptors. The CEMP would include measures to reduce the risk of pollution, noise and dust impacts potentially arising during the construction period.

Impact Mitigation Hedgerow Replacement

11.187 Sections of ‘Important’ hedgerows (mapped in Appendix 11.2 Ecological Receptors) will need to be removed at (moving from north to south): West Marsh, Dorr Lane and Pontefract Lane (Map 2); Three sections at Balne Croft Lane and a section by the dismantled railway at Balne

Croft (Map 4); A section of ‘potentially important’ hedgerow at Topham (Map 5); Mill Dyke (Map 7); Wrancarr House Farm, three sections at the hedgerow-lined Airey Lane and an

adjacent field, and a section at Bell Croft Lane (Map 8); and Two sections along the tree-lined Marsh lane (Map 9).

11.188 Additionally, hedgerows will be cut back in three locations to allow for increased visibility from the road for works traffic (known as visibility splays). This affects two sections of important hedgerow at Pontefract Road (Appendix 11.2 Ecological Receptors Map 2 in the south) and at Moss Road (Appendix 11.2 Ecological Receptors Map 6).

11.189 All hedgerows (including non-important hedgerows) to be removed will be replanted with a diverse mixture of native species to create biodiversity gains where possible, and any important features noted such as walls or associated ditches will be restored (see Appendix 11.4 Full Survey Results which contains details of hedgerow features and species composition).

Ditches

11.190 Ditches will be reconstructed and re-profiled to match their original condition. They will be left to recolonize naturally with adjacent plant species. Any invasive plant species will be managed as per paragraph 11.168 above.

Tree Replanting

11.191 All individual trees to be removed will be replaced either with the same species or, if a non-native tree is removed (such as sycamore), a high value native tree species (such as oak)

will be planted in its place. No non-native species will be used for replanting. No trees will be planted directly over the pipeline as their roots may eventually interfere with the pipeline); if trees are unable to be replaced due to space constraints then native shrubs will be used if appropriate.

Ecological Management Plan – Post-Construction Monitoring

11.192 All re-instated and planted habitats including ditches and important hedgerows along the Route Corridor / Working Width will be monitored post-construction for a minimum period of five years as part of an Ecological Management Plan to ensure their successful (re)establishment and ensure that inadvertent effects (such as on root zones) do not have an effect on the viability and appearance of these habitats.

Reptile and Amphibian Refugia

11.193 If any refugia such as piles of rocks, rubble and debris (for amphibians or reptiles) are discovered and removed as part of the works, these features would be recorded and mapped by the Ecological Clerk of Works. The materials of the refuge would be stored separately within Temporary Works Areas if possible, or would be removed and disposed of by the Contractor. Once the works are complete, the refuge would be reconstructed in approximately the same location (or a more suitable location) using the same or similar materials (if storage of the original materials is not possible).

Enhancement 11.194 Intentionally to mitigate against potential impacts, the Proposed Route Corridor bisects

linear features rather than runs alongside them (i.e. being perpendicular to these features). This makes providing meaningful enhancement very difficult. Most enhancements would reasonably follow and improve existing linear features. Instead, if enhancements were instigated along the Proposed Route Corridor, this could result in numerous small pockets of improved habitat which are isolated and hence of limited value. However, where possible ecological enhancement options have been considered as part of the Proposed Development. These are outlined in more detail in the sections below. All ecological enhancements would be in agreement with relevant landowners / occupiers.

AGI Landscaping

11.195 The AGI site will be landscaped with a number of native broadleaf trees and shrubs around the installation, planted within an outer wooden post and rail fence, as shown on Figure 1.3 within Volume 3 of the ES. These trees and shrubs will be chosen for their benefits for wildlife, providing habitat and food for invertebrates, small mammals and small birds.

11.196 Branches and cuttings from management of vegetation onsite would be used to create log piles and grass heaps, to provide habitat for reptiles and amphibians. These piles should not be disturbed once created.




Habitat Fragmentation

11.197 Mitigation for the disruption of habitats along the length of the Proposed Route Corridor, and for the time they will be disturbed and regenerating, is suggested in the form of small-scale habitat creation within suitable locations along the Application Area. Suitable locations might include corners of fields, hedgerow margins, ditches and wooded areas. Hibernacula for newts and reptiles would be created along the route in suitable locations using rock and wood piles. Habitat creation may comprise planting of native species diverse shrubs within field corners, introduction of native understorey plants to wooded areas to increase biodiversity in these areas, and installation of bird and bat boxes in suitable trees along the route. This will provide biodiversity gains overall along the length of the Proposed Route Corridor.

Water voles

11.198 Mitigation, both for the low remaining risk that individual water voles may be directly or indirectly affected by the construction works, and also for the general fragmentation effect on habitats caused by the pipeline construction, is proposed in the form of a control programme for American mink Neovision vision along the Working Width in areas identified to benefit from such a programme in liaison with Yorkshire Wildlife Trust. Such areas may either contain water vole populations already, or may be areas which might be suitable for water vole if mink was controlled effectively.

11.199 A survey of suitable water vole habitat along the Route Corridor would be undertaken as part of pre-construction works. Further surveys post-construction as part of the Ecological Management Plan, and in concert with the mink control programme, are proposed to provide useful information for conservation purposes, to be shared with the Yorkshire Wildlife Trust to enhance their ongoing water vole conservation programmes.

Bird and Bat Boxes

11.200 Up to 10 bird boxes will be positioned for use by smaller passerine bird species such as tree sparrow around the Camblesforth AGI. The exact location of the bird boxes will be determined as part of the Ecological Management Plan to be secured through the DCO. Suitable locations, subject to land owner / occupier agreement, may include within the vegetated area surrounding the AGI (on specially erected wooden posts as the new shrubs will be too small to support bird boxes), on fence posts, on lighting posts and CCTV posts (of which there are six), and on the side of the control kiosk at the AGI.

11.201 Up to 6 bat boxes will be installed around the AGI. Boxes should be close to the existing hedgerow to the north, to provide commuting access to and from the boxes. The exact location of the bat boxes will be determined as part of the Ecological Management Plan to be secured through the DCO (as per the bird boxes).

11.202 Bird and bat boxes at the AGI will be placed where they and the animals that inhabit them will not interfere with required security systems such as motion detectors for lighting.

11.203 If any trees are removed throughout the Proposed Route Corridor which have been identified to have Low potential to support bat roosts, two bat boxes would be placed on adjacent retained trees in a suitable location and height, preferably where there is clear connectivity with linear landscape features such as hedgerows or water courses.

11.204 Further bird and bat boxes will be placed on suitable trees within the Proposed Route Corridor to enhance the suitability of habitats for birds and bats, at a minimum density of one bird and bat box per kilometre. Suitable locations will be identified by the Ecological Clerk of Works in the year prior to construction works commencing, and will generally comprise mature trees in areas unaffected by light spill (i.e. away from roads).

11.205 The management of bird and bat boxes (generally comprising annual cleaning in autumn) will be specified within the Ecological Management Plan, and will be undertaken by the contractor responsible for grounds maintenance at the AGI. No maintenance will be undertaken of bird or bat boxes installed along the Proposed Route Corridor.

Mitigation Measures 11.206 A summary of the effect of the mitigation measures on the identified potential impacts is

given in Table 11.4 below.

Table 11.4 Summary of Outcome of Mitigation Measures on Potential Impacts

Potential Impacts Residual Impacts

Impacts on non-statutory wildlife sites No potential for impacts post mitigation

Fragmentation of habitats Discussed below in Residual Impacts Section

Indirect effects on hedgerows and trees Discussed below in Residual Impacts Section

Pollution/runoff into watercourses; No potential for impacts post mitigation

Dust settling on adjacent habitats No potential for impacts post mitigation

Disturbance of fish species and amphibians in watercourses No potential for impacts post mitigation

Disturbance of refugia and injury or death of individual reptiles and amphibians No potential for impacts post mitigation

Disturbance of nesting birds Discussed below in Residual Impacts Section

Disturbance/destruction of water vole burrows No potential for impacts post mitigation

Fragmentation of water vole habitat Discussed below in Residual Impacts Section

Disturbance of Eurasian otter No potential for impacts post mitigation

Disturbance/destruction of badger setts No potential for impacts post mitigation

Harm to individual badgers and other animals from excavations No potential for impacts post mitigation




Chapter 11: Ecology

Disturbance / destruction of bat roosts No potential for impacts post mitigation

Disturbance of bat activity from lighting at the AGI extension No potential for impacts post mitigation

11.207 The above mitigation measures will be secured through an Ecological Management Plan as outlined in the DCO, with precise measures subject to agreement with the relevant stakeholders, including the Environment Agency, Local Authority Ecologists, Yorkshire Wildlife Trust and potentially affected landowners / occupiers.

Assessment of Residual Effects 11.208 This section deals with the assessment of residual impacts, i.e. the impacts remaining

following the implementation of the mitigation measures described above..

Residual Construction Effects Fragmentation of habitats

11.209 Vegetation clearance and soil stripping will result in the temporary loss of most of the habitats within the Working Width which will generally be 30 m wide, although this could be wider at crossings, where topsoil is stored, and where access tracks join the Working Width. The Working Width may be reduced in ecologically sensitive areas, to 14 m at ditches and to 12 m between trees. The construction process will result in the temporary fragmentation of habitats currently found along the Proposed Route Corridor. The habitats are considered to be of local importance only as they are to be found throughout this part of England. The sections of habitat to be lost will be replaced by bare ground and a running track for the duration of the works (less than one year); this will create a bare ground section disrupting the continuity of the habitat from one side of the Working Width to the other. Much of the Proposed Route Corridor is currently arable land (estimated at 78%) or permanent pasture (low quality species poor grassland, estimated at 20% of the Application Area) which may be bare ground or closely cropped for part of the year. As such it is not considered that the retention of the Working Width as bare ground for the duration of construction will be significant, particularly as the habitats immediately adjacent to the Working Width and in the wider area will continue to be farmed as in any other year. Furthermore wet habitats such as ditches will retain connectivity through flume pipes placed within the ditch to maintain the flow of water; therefore water vole habitat (and other aquatic organisms) will be fragmented (with no water flow) only for two days or so.

11.210 Unmitigated, the impact on the habitats of the Proposed Gas Pipeline is extremely unlikely to be significant at a local level.

11.211 The replacement habitats (mainly trees and shrubs) provided by the replanting of sections of hedgerows (enhanced with additional species where appropriate), embankments etc. would recreate the connectivity lost during the construction phase. Furthermore, small-scale habitat enhancement and creation along the Route Corridor in suitable locations as described in paragraph 11.189 above will create additional habitat for protected species

and other creatures, leading to an overall long-term net gain in biodiversity along the Route Corridor.

11.212 No further mitigation measures are considered to be required. With the above mitigation measures, the residual impact on habitats is considered to be extremely unlikely to be significant.

Indirect Damage to Trees and Hedgerows

11.213 Roots and branches of hedgerow shrubs immediately adjacent to cut sections are likely to be damaged and there may be some die back in the following months which may potentially create a gap between newly planted replacement shrubs and the remaining original hedgerow. Furthermore although considered extremely unlikely, hedges and adjacent trees may be affected by drilling works. The habitats are considered to be of local importance only as they are to be found throughout this part of England.

11.214 Unmitigated, the impact on the affected trees and hedgerow habitat is extremely unlikely to be significant at a local level.

11.215 Mitigation would comprise an inspection of the trees and hedgerows within and adjacent to the Application Area after 12 months by an ecologist. If gaps are identified within hedgerows caused by damage to roots or branches, replacement shrubs would be planted to fill gaps. A second inspection to ensure no further gaps are remaining would be undertaken after two years. Inspections of habitats along the Application Area would continue in accordance with the Ecological Management Plan to ensure there are no long term negative effects.

11.216 No further mitigation measures are considered to be required. With the above mitigation measures, the residual impact on habitats is considered to be extremely unlikely to be significant.

Breeding Birds

11.217 The plantation of replacement sections of habitats (mainly trees and hedgerows) will provide breeding and foraging habitat for birds lost during construction, and additional suitable small-scale habitat in the form of shrubs will be introduced in a number of locations. However these habitats would not mature for a few years, thereby reducing the initial benefits. Given that these replacement habitats are extremely small in area, and there is an abundance of similar habitat adjacent and in the wider landscape, the residual impact on breeding birds is considered to be extremely unlikely to be significant.

Fragmentation of water vole habitat 11.218 The proposed mink control programme would be expected to allow water vole

populations to expand within the Application Area and the immediate surrounds (by reducing predation). Therefore a minor beneficial residual effect, which would not be significant, is predicted on water voles at the Local level.

11.219 No further residual effects are predicted.




Residual Operational / Decommissioning Effects 11.220 The shrubs and trees at the AGI will mature and would be managed to provide benefits to

wildlife. Therefore a minor beneficial residual effect, which would not be significant, is predicted on habitats at the Site level.

11.221 No further residual effects are predicted.

Cumulatives

11.222 No cumulative effects are predicted as no other development schemes have been identified within ecological influencing distance of the Application Area.

Summary

Ecological Baseline 11.223 The potential impacts to ecology and nature conservation have been assessed. The

current conditions of the Application Area and wider surrounding have been investigated through the completion of ecological surveys including a desk study, Extended Phase I Habitat survey and protected species surveys.

11.224 The Application Area comprises predominantly arable land with permanent improved pasture common in the southern half (these two habitats comprise approximately 98% of the total area). Small areas of semi-improved grassland (a more biologically diverse habitat type) are present in a few locations. Hedgerows and mature trees are present throughout with one block of recently planted saplings (Kerrick Wood) and two wooded dismantled railway banks, in total these habitats comprise approximately 0.9%. The remainder comprises 1.1% of crossings (of ditches, roads, waterways, railways and dismantled railways, and one pipeline). The Application Area crosses four main watercourses; Thorpe Marsh Drain, River Aire, River Went and the Aire and Calder Navigation Canal, and there are 20 crossings of drains of variable sizes. In total 31 trees and 57 hedgerow sections fall within the finalised Application Area; of these hedges, 22 are classified as ‘important’.

11.225 No statutory conservation sites are present within 1 km of the Application Area (including no European designated sites within 5 km). The Application Area crosses three non-statutory wildlife sites in total. In the south of the Application Area is the Bentley Tilts and Course of Old Ea Beck Local Wildlife Site (LWS) near the former Thorpe Marsh Power Station. This long linear site comprises the river course flood embankments and associated borrow pits and the course of the Old Ea Beck (see Appendix 11.2 Ecological Receptors, Map No. 9). In the north, the Application Area crosses two non-statutory wildlife sites, located adjacent to each other on either side of the River Went (see Appendix 11.2 Ecological Receptors, Map No. 5). To the south of the river lies the Went Valley (part) LWS and to the north of the river lies the de-notified River Went Floodbank Site of Importance

for Nature Conservation. Habitats include ancient pasture (generally semi-improved), which has been through an arable/pasture cycle for the last 50 years. The land is currently under Natural England stewardship.

11.226 The data search completed by SKM Enviros (2012) produced two record of freshwater pearl mussel Margaritifera margaritifera at New Junction Canal (NGR 633151) and at Thorpe Marsh Nature Reserve. The species inhabits flowing watercourses with high water quality. The ecological surveys for the Stage 1 Assessment Corridor assessed all the ditches as having negligible to low suitability for freshwater pearl mussel and no specimens were found. No further consideration for this species has been made.

11.227 Fish species were considered to only potentially be present within the larger watercourses and canals (and within artificially stocked ponds) within the Stage 1 Assessment Corridor. No records of protected fish species were identified within the SKM Enviros (2012) data search. The field surveys did not identify fish within any smaller water bodies such as drains.

11.228 No records of great crested newts were found within 1 km of the proposed Site Office / Pipe Dump location and no suitable habitat was present. Terrestrial habitat around Thorpe Marsh and Thorpe in Balne (including fields around fields around Sickle Croft) was found to be in use by great crested newts during the field surveys in 2013. Pond surveys in 2013 surveys recorded great crested newts in 11 ponds within 250 m of the Stage 1 Assessment Corridor. These are shown in Appendix 11.2 Ecological Receptors (see Maps 2, 5, 6, 7 and 8 / 9). The Application Area crosses within 250 m of ponds containing great crested newts in six locations altogether.

11.229 Grass snake Natrix natrix, adder Vipera berus, slow worm Anguis fragilis and common lizard Zootoca vivipara are all known to occur within 1 km of the Stage 1 Assessment Corridor, with a number of records around Thorpe Marsh Nature Reserve Area to the west. There were three records of grass snake within 1 km of the proposed Site Office / Pipe Dump location, however these are all located around the Selby Canal from 520 m north at the closest point and aren’t considered significant with respect to the Proposed Development. The Extended Phase I Habitat Survey found that the majority of the habitats present within the Stage 1 Assessment Corridor and the proposed Site Office / Pipe Dump location provide negligible habitat for reptiles. Potentially suitable reptile habitat is limited to isolated small areas of less intensively managed semi-improved grassland, and the banks of the larger watercourses including Thorpe Marsh Drain, the River Went and the River Aire. No reptiles were found during surveys of suitable habitat in 2012. Two adult grass snakes were observed near to the large lake to the south of Topham Farm (see Appendix 11.2 Ecological Receptors Map 5) in 2013. Elsewhere, reptiles could occur in low numbers in hedgerows, field margins and ditch banks.

11.230 Numerous bird species have been recorded within 1 km of the Stage 1 Assessment Corridor including several rare breeding species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended), comprising barn owl Tyto alba, kingfisher




Chapter 11: Ecology

Alcedo atthis, hobby Falco subbuteo, marsh harrier Circus aeurignosus, little ringed plover Charadrius dubius, peregrine Falco peregrinus and red kite Milvus milvus. Any of these species could potentially breed along or close to the Stage 1 Assessment Corridor. Additionally, the bird records returned including several ground nesting species that could be present along the Stage 1 Assessment Corridor. These include skylark Alauda arvensis, grey partridge Perdix perdix, lapwing Vanellus vanellus, yellow wagtail Motacilla flava, pheasant Phasianus colchicus and meadow pipit Anthus pratensis. Many of the species recorded are also included as priority species in the UK and local BAPs, as well as being listed as species of conservation concern. The full results of the breeding bird surveys are illustrated within the ENVIRON EIA Scoping Report35. The bird survey identified a number of notable bird species breeding along the Stage 1 Assessment Corridor, including kestrel, reed bunting Emberiza schoeniclus, lapwing, yellow wagtail, yellowhammer and tree sparrow Passer domesticus. The only species listed on Schedule 1 of the Wildlife and Countryside Act 1981, as amended, to be observed during the surveys was corn bunting with a maximum of three pairs at the very northern end of the survey area. However, these were limited in geographic extent to a small area located between Race Lane and Sandwith Lane.

11.231 Records of water vole exist in the Topham and Sykehouse areas and are located between 250m and 1 km south-east of the Stage 1 Assessment Corridor. Larger ditches and ponds were identified during the Extended Phase I Habitat Survey as providing potentially suitable water vole habitat. The Application Area does not intersect any drains or ditch sections where water vole burrows have been identified. However burrows have been found in the immediate vicinity including at West Marsh (Appendix 11.2 Ecological Receptors Map 2) and Fenwick Hall (Appendix 11.2 Ecological Receptors Map 6). Potentially suitable habitat is present in ditches and isolated areas of semi-improved grassland in a number of locations along the Application Area.

11.232 There are five records of otter Lutra lutra within 1 km of the Stage 1 Assessment Corridor with the closest being located at Topham Ferry Bridge approximately 300m east of the Stage 1 Assessment Corridor on a watercourse that flows into the River Went. The records all date from 2001-2011. The Extended Phase I Habitat Survey identified that all the major watercourses crossed by the Stage 1 Assessment Corridor all provide suitable otter habitat. During the 2012 field surveys, ponds and ditches were found to have low suitability for otter and no signs of otter were found.

11.233 With regard to badger Meles meles, three badger setts were found within the vicinity of the Stage 1 Assessment Corridor. None of these lie within the Application Area or within 30 m. The locations of the setts are confidential at this time. Additionally fieldwork completed for the proposed Thorpe Marsh CCGT Power Station found several setts within 150m of this site.

11.234 Four bat species have been recorded within 1 km of the Stage 1 Assessment Corridor: noctule Nyctalus noctula, common pipistrelle Pipistrellus pipistrellus, Daubenton’s bat

35 ENVIRON. Thorpe Marsh Gas Pipeline. EIA Scoping Report. 24 October 2012

Myotis daubentonii (recorded near Snaith) and whiskered bat Myotis mystacinus. A total of 81 trees have been surveyed with 14 trees in total confirmed as bat roosts for two species (noctule and common pipistrelle). The results indicate a generally low density and low diversity of bats along the Stage 1 Assessment Corridor and all the roost records were of individual bats. There are three trees with confirmed roosts that lie adjacent to (but outside of) the Application Area. The trees are shown in Appendix 11.2 Ecological Receptors and are labelled as 841 (see Map 7, near Moss and Hawkehouse Green), 305 (also Map 7 near Hawkehouse Green Dyke and Mill Dyke) and 1003 (see Map 9 near Thorpe Marsh).

11.235 BAP priority species records within the Stage 1 Assessment Corridor are two UK BAP plants, tubular water dropwort Oenanthe fistulosa and marsh stitchwort Stellaria pallustris, both recorded from the Thorpe Marsh Nature Reserve area. The UK BAP priority butterfly species Wall Lasiommata megara has also been recorded at Thorpe Marsh Nature Reserve, along with three UK BAP priority moths, cinnabar Tyria jacobaea, shaded broad-bar Scotopteryx chenopodiata and oak hook-tip Watsonalla binaria.

11.236 At Ash Hill Farm near Moss there are a number of records of Wall along with four UK BAP priority moths (centre-barred sallow Atethmia centrago, small square-spot Diarsia rubi, dusky thorn Ennomos fuscantaria and pale eggar Trichiura crataegi). Other UK BAP priority moths recorded within the Stage 1 Assessment Corridor include cinnabar, which has also been recorded from the River Went near Topham, rustic Hoplodrina blanda, shaded broad-bar and grey dagger Acronicta psi which have all been recorded from Topham Farm.

11.237 There are three records of common toad Bufo bufo from the Thorpe Marsh Nature Reserve area, and five records from the Topham area. Toads were recorded at a pond near Pollington Carr (refer to Appendix 11.2 Ecological Receptors Map No. 3) during reptile surveys of this area.

11.238 The data search also revealed seven records of brown hare Lepus europaeus, another UK BAP and Doncaster LBAP priority species. Four of the records are from the Thorpe Marsh Nature Reserve. Anecdotal evidence suggests there was previously a mink Neovison vison farm near Topham and mink were released from there sometime in the past. Two mink were observed in a drain next to Wrancarr Farm in Trumfleet.

Future Baseline 11.239 As the Application Area largely comprises arable land and pasture, natural processes

play only a minor role in the shaping of the habitats and landscape generally. This land use is unlikely to change in use at any point in the future, although some fields may be left fallow from time to time. Other habitats onsite include blocks of woodland, hedgerows, mature trees, ditches and ponds which are also largely under management.

11.240 Without management, the arable land and pasture would likely succeed to tall ruderal habitat and then to scrub. This would result in an increase in the habitat resource for




invertebrates, small mammals and birds. Some ponds and ditches may silt up, reducing the open water resource in the area. Hedgerows may become overgrown, forming wooded pockets with scrub margins. Individual trees within hedgerows may grow and overshadow / crowd out other shrubs. In the longer term parts of the Application Area would succeed to dense scrub and woodland, reducing the mosaic of habitats, but providing a greater area for woodland specialist species overall which would be able to colonise from existing woodland blocks.

Potential Effects 11.241 The majority of impacts will be at the Construction Phase. (Decommissioning would be undertaken

by filling the pipeline with grout which would not have any anticipated ecological effects.) The potential impacts caused by the Proposed Development during construction (without mitigation) include: fragmentation of habitats; indirect effects on hedgerows and trees (e.g. damage to branches and roots); pollution associated with construction run-off entering water bodies (in the absence of

standard mitigation controls); dust settling on adjacent habitats during the construction phase (potential impacts

from dust are considered in detail in Chapter 14 Air Quality); disturbance of fish species and amphibians in watercourses; disturbance of refugia and injury or death of individual reptiles and amphibians; disturbance of nesting birds; disturbance / destruction of water vole burrows; fragmentation of water vole habitat; disturbance of Eurasian otter; disturbance / destruction of badger setts; harm to individual badgers and other animals from excavations; and disturbance / destruction of bat roosts.

11.242 The potential impacts caused by the Proposed Development during the operational phase (without mitigation) mainly comprises disturbance of bat activity from intermittent lighting at the AGI. If emergency maintenance is required to a section of the pipeline then all construction effects listed above may potentially reoccur temporarily if has to be made (this would apply to a limited area only).

Mitigation

Impact Avoidance 11.243 The Proposed Route Corridor, the construction programme and the proposed construction

techniques have all been selected to avoid or minimise potential ecological impacts where possible.

11.244 Adjustments have been made to the Proposed Route Corridor (and therefore the Application Area) to specifically avoid: an area of plantation woodland (Kerrick Spring Wood, Appendix 11.2 Ecological

Receptors Map 1) instead cutting through an area of recently felled woodland with saplings present;

hedgerows and trees wherever possible (e.g. at Applehurst Lane, Thorpe in Balne, where the Proposed Route Corridor has been ‘dog-legged’ slightly to avoid a mature oak tree);

badger setts; identified bat roosts within trees (e.g. Tree 641 at Moss Common, Appendix 11.2

Ecological Receptors Map 7); sensitive ecological receptors centred around Fenwick Hall – the route has been

moved further east to increase the distance from this area and a proposed side access has been dropped;

11.245 The choice of trenchless techniques has been made in selected locations to avoid any disturbance to: major watercourses and large drains (namely the River Went, Aire and Calder

Navigation and River Aire as well as Thorpe Marsh Drain), and associated flood banks and habitats. This approach will ensure there is no obstruction or disturbance to otter, fish and other aquatic fauna and will avoid the need for watercourse restoration works;

non-statutory wildlife sites (3 No.) which fall within the Application Area; and important hedgerows at Moss Lane and Trumfleet Lane (Appendix 11.2 Ecological

Receptors Map 7). 11.246 A further method of impact avoidance is a reduction in the Working Width to a minimum

of 12 m where necessary in selected locations. Examples include: where trees fall within the Application Area but are not required to be removed.

Trees will also be protected in accordance with BS 5837: 2012 Trees and Construction; and

where bat roosts have been identified within trees, to ensure these trees are unaffected (e.g. tree 1003 see Appendix 11.2 Ecological Receptors Map 9).

11.247 Additional ecological impact avoidance methods include: measures to ensure that watercourses within the Working Width and beyond are

not polluted by silt or accidental release of fuels or other contaminants during construction; and

an environmental advisor (ecological clerk of works) will be on site as part of the team overseeing hedgerow and watercourse crossings, and to complete pre-construction surveys of key habitats and species (including birds and water voles).




Chapter 11: Ecology

This will update the information on the ecological baseline and will indicate if any changes have occurred since the 2012 and 2013 surveys.

Impact Reduction 11.248 Ecological Impacts have been reduced through the choice of route and construction

methodology in the following ways: Routing of the pipeline mainly through habitat of very low ecological value (arable

fields and permanent pasture) (98% of the Application Area); Use of existing access tracks as far as possible, with minimal vegetation removal; Crossing of (typically wooded) dismantled railway embankments has been routed

through sections with the lowest density of trees and shrubs, to ensure no mature trees are removed and only a few smaller trees will need to be cut down;

Drilling of one road location to avoid a ditch and thick line of trees; however two trees will still need to be removed; and

Adjustment of the Proposed Route Corridor at Fenwick Hall and north of Moss (both shown on Appendix 11.2 Ecological Receptors Map 6) to the east, to be as distant from ponds containing great crested newts as possible.

11.249 The impacts of vegetation and topsoil removal will be reduced in the following ways: The topsoil which will be removed from the Working Width will be stored and replaced

following construction activities, to allow natural regrowth in those areas which are not actively farmed;

Where possible, topsoil from areas of increased floral diversity such as along ditch and drain banks, will be stored separately in order that it can be replaced at those locations; and

Best practice soil storage and handling technique will be implemented to ensure that the substrates along the Application Area are returned as near as possible to their original condition post construction.

11.250 The following species-specific impact reduction measures have been recommended: Use of great crested newt fencing where the Application Area crosses within 250 m of

ponds containing great crested newts (six locations altogether) and also where the Application Area crosses their terrestrial habitat (particularly in the south of the site around Thorpe in Balne where fencing will be deployed within 500 m of a great crested newt pond at Sickle Croft). At each location where great crested newts may potentially be present, measures to ensure no individuals are harmed during the works will be put into place, including fencing, trapping and relocation (see Appendix 11.3 Proposed Newt Fencing for locations where these measures are proposed). These works would be undertaken under a Natural England Protected Species Licence (to be applied for once the DCO has been granted).

In the interim, a Letter of Comfort has been applied for from Natural England in advance of the Proposed Gas Pipeline being granted planning permission. The

application for a Letter of Comfort is essentially the same as a full Protected Species Licence and contains full details of the great crested newt mitigation measures to be implemented as part of the project.

Implementation of a Mitigation Strategy for reptiles in localised areas of suitable habitat (i.e. solely areas of semi-improved grassland), comprising:

- Vegetation to be stripped to 150mm initially by workers on foot using handheld tools;

- Supervision by an ecologist; - Large rocks, stones, rubble or debris will be lifted and cleared piece by piece

using an excavator once vegetation has been cut back; - All cut vegetation and rubble / debris will be removed from the Application

Area to avoid creating habitat for reptiles. This can be placed in adjacent areas not affected by the works;

- Within 1-2 weeks of works occurring in a specific section of the pipeline, long grass and vegetation alongside tracks and paths within the Application Area will be cut back either using strimmers or mowers in a progressive manner (e.g. from north to south) to discourage reptiles from using this habitat while works are in progress;

- Where vegetation is to be removed to below ground level (i.e. removal of large roots etc.), this will be undertaken after the initial cut to 150mm at a time of year when reptiles are active (i.e. April to early October) and when the temperature is above 10°C; and

- If any amphibians or reptiles are discovered, works will cease immediately and an appropriately qualified ecologist contacted.

For birds: - removal of large vegetation within the Application Area (including access

tracks) such as trees and hedgerows will be completed prior to the main construction works and outside of the breeding bird season;

- topsoil removal within the Working Width will be one of the first activities undertaken during construction and is likely to occur when ground nesting birds are unlikely to have begun nesting. In this way, the suitability of the Application Area for nesting birds will be greatly reduced; and

- pre-construction bird surveys of the area stripped of topsoil will be completed to ensure no nests are present.

To minimise impacts on water vole (where suitable habitat cannot be avoided): - all mitigation will be undertaken in accordance with new guidelines to be

published from October 2014 onwards, and under a Protected Species Licence if required;

- pre-construction surveys of suitable habitat will be completed to ensure that no burrows occur within the proposed Working Width;




- strimming of the vegetation within the Working Width (narrowed sections on each bank where possible) in the summer prior to construction will reduce the suitability of the area for water voles, and encourage them to use alternative sites. From the time of the initial cut until construction begins (in March the following year), the vegetation will be kept short with cutting at frequent intervals, to discourage water voles from expanding into the area that will be disturbed. This would only be undertaken on short stretches of bank within the Working Width only;

- should new water vole burrows be recorded during pre-construction surveys within the areas to be disturbed, it may be possible to trap any water voles and release them either further along the watercourse or in suitable habitat identified along the Proposed Route Corridor, or it may be possible to hold them in pens for the duration of works on the watercourse. These works would need to be undertaken under a licence from Natural England. In this case, further mitigation such as habitat enhancement may be required.

For bats: - if any mature trees are required to be removed (this is considered unlikely given

the impact avoidance measures outlined above) they will be ‘soft-felled’ whereby any sections of trunk or large branch with cracks or holes are lowered to the ground under the supervision of an ecologist (see Appendix 11.2 Ecological Receptors where these trees are identified). If the Ecological Clerk of Works considers it necessary, a dawn roost return survey will be undertaken to verify the absence of bats;

- lighting of construction areas outside of normal daylight hours will not generally be required. Where lighting is necessary, such as at proposed HDD work and hydrostatic pressure test sites, it will be directional, focusing on work areas only and suitably cowled in order to limit potential impacts on adjacent sensitive habitats (such as open water). The lighting strategy would be outlined within the CEMP; and

- lighting at the AGI compound will be designed to be highly directional and to avoid light spillage beyond the AGI compound. Lighting will be controlled by an infrared movement sensor system to minimise periods of lighting.

Impacts on badgers and larger mammals such as deer can be avoided by designing all excavations to include escape ramps which would provide a means of escape for badgers if they were to fall in and become trapped.

11.251 Finally, to minimise potential impacts, a CEMP would be developed to provide a framework for the management of environmental impacts including those on ecological receptors. The CEMP would include measures to reduce the risk of pollution, noise and dust impacts potentially arising during the construction period. This would also prescribe site inductions and tool box talks in order to raise awareness of environmental issues, highlight nature

conservation constraints (such as presence of great crested newts and reptiles), and signage will indicate features of nature conservation importance.

Impact Mitigation (Compensation) and Enhancement 11.252 Compensation for unavoidable impacts such as the loss of hedgerow sections

(including ‘important’ hedgerows), shrubs, a minimal number of trees, and temporary loss of habitat for protected species (including habitat fragmentation) includes the following: All hedgerows (including non-important hedgerows) to be removed will be

replanted with an appropriate species-rich mixture of native species (to provide biodiversity gains), and any ‘important’ features such as associated ditches will be restored;

All individual trees to be removed will be replaced either with the same species or, if non-native (such as sycamore), a high value native tree species (such as oak) will be planted in its place;

If any refugia (piles of rocks, rubble and debris) suitable for amphibians or reptiles are discovered and removed as part of the works, these features will be reconstructed in approximately the same location (or a more suitable location adjacent) using the same or similar materials.

11.253 Enhancement measures will comprise (subject to land owner / occupier agreement): Small-scale habitat creation in suitable locations along the length of the Application

Area, including planting of native shrubs, creation of hibernacula, introduction of understorey planting and herbs in species poor locations, and installation of bird and bat boxes on mature trees;

Landscaping of the AGI site with native broadleaf trees and shrubs chosen for their benefits for wildlife;

Creation of log piles and grass heaps at the AGI, to provide habitat for reptiles and amphibians; and

Installation of bird and bat boxes around the Camblesforth AGI.

11.254 Further enhancements are proposed in the form of a programme of mink control in suitable locations along the Application Area, to allow existing watervole populations to flourish and to encourage water voles to colonise areas which are currently unused but are suitable for this species.

11.255 A survey of suitable water vole habitat along the Route Corridor would be undertaken as part of pre-construction works. Further surveys post-construction as part of the Ecological Management Plan, and in concert with the mink control programme, are proposed to provide useful information for conservation purposes, to be shared with the Yorkshire Wildlife Trust to enhance their ongoing water vole conservation programmes




Chapter 11: Ecology

11.256 Post-construction habitat restoration and enhancements would be secured through the implementation of an Ecological Management Plan.

Residual Construction Effects 11.257 Following the implementation of the mitigation measures, no significant residual effects for

the majority of receptors (protected sites and species) have been identified. The main residual effect identified will be upon the 1.1% of more diverse habitats across the Application Area, comprising hedgerows, trees, woodland and drains for the most part. The habitats will be temporarily fragmented (with a strip of bare ground affecting the 12 – 30 m wide Working Width) during the period of the construction works, and for a short – medium term period while the replacement planting (newly planted trees and hedgerow sections) becomes established, and while reconstructed drain sections become re-vegetated.

11.258 These habitats are considered to be of local importance only as they are to be found throughout this part of England. The small area and temporary nature of the disturbance will not affect the ecological functioning of these habitats long-term. No further mitigation measures are considered to be required, and the residual impact on habitats is considered to be extremely unlikely to be significant.

11.259 The proposed mink control programme (to compensate for fragmentation of water vole habitat during the Construction Phase) would be expected to allow water vole populations to expand within the Application Area and the immediate surrounds (by reducing predation). Therefore a minor beneficial residual effect, which would not be significant, is predicted on water voles at the Local level.

Residual Operational Effects 11.260 The new areas of habitat along the Route Corridor, along with the shrubs and trees at the

AGI, will mature and provide benefits to wildlife. Therefore a minor beneficial residual effect, which would not be significant, is predicted on habitats at the Site level. No further residual effects are predicted.

Cumulative Effects 11.261 No cumulative effects are predicted as no other development schemes have been

identified within ecological influencing distance of the Application Area.

11.262 Table 11.5 summarises the potential impact of the Proposed Development, proposed mitigation and residual effects.

Table 11.5: Summary of Residual Impacts

Likely Significant Effects Mitigation Proposed Means of

Implementation Outcome/Residual Effects

Construction

Impacts on non-statutory wildlife sites

Trenchless drilling techniques through

Construction Methodology

No significant residual effects

ecologically sensitive areas

CEMP

Fragmentation of habitats

Replanting of trees and hedgerows and reinstatement of important hedgerow features; flume pipes to maintain ditch connectivity during the works; reinstatement of drains and water features

Ecological Management Plan secured through the DCO.


Indirect effects on hedgerows and trees

Protection of trees in line with BS5837: 2012 and protection measures for hedgerows; replanting of shrubs where any gaps are identified after 12 months; monitoring for indirect effects for a minimum of five years post completion.

Ecological Management Plan secured through the DCO. Inspection by Ecologist


Risk of pollution and dust impacts on surrounding vegetation and habitats

Management and control of pollutants CEMP


Disturbance of fish species and amphibians in watercourses

Trenchless drilling techniques for main watercourse crossings

Construction Methodology CEMP


Disturbance of refugia and injury or death of individual reptiles and amphibians

Solely in areas of semi-improved grassland, vegetation and rubble onsite initially cleared by hand to 150 mm to allow individual animals to move away from the area of works Great crested newt fencing with trapping and relocation of newts and reptiles

CEMP Natural England Licence


Disturbance of nesting birds

Clearance of suitable vegetation outside the

Inspection by Ecological Clerks of Works





bird breeding season. Inspection of soil stripping areas for nests on the ground prior to soil removal in March, and again immediately prior to works commencing. Provision of bird boxes along the Working Width.

Ecological Management Plan secured through the DCO. CEMP

Disturbance/destruction of water vole burrows

Pre-construction surveys of suitable habitat; strimming of suitable vegetation within the Working Width commencing 1 year prior to works; if burrows are discovered relocation may be possible under a licence from Natural England.

CEMP (if burrows present) Natural England Licence Ecological Management Plan secured through the DCO.


Fragmentation of water vole habitat

Mink control programme & surveys for water vole within the Application Area.


Minor beneficial effect (not significant)

Disturbance of Eurasian otter

Trenchless drilling techniques for main watercourse crossings

Construction Methodology CEMP


Disturbance/destruction of badger setts

Alteration of Proposed Route Corridor to >30 m from identified badger setts (location of Working Width already takes account of identified setts); re-survey for setts in the year prior to works commencing; if setts discovered within 30 m the setts may be closed under a licence from

Inspection by Ecologist (if new setts present) Natural England Licence


Natural England. Badger runs within the Application Area to be marked and not blocked if possible.

Harm to individual badgers and other animals during construction if they fell into excavations

Include escape ramps in all excavations which would provide a means of escape

CEMP No significant residual effects

Disturbance / destruction of bat roosts

Alteration of Proposed Route Corridor to avoid identified bat roosts; reduction of Working Width to minimise loss of trees; if any mature trees are to be removed soft felling techniques will be used with an ecologist in attendance. Directional cowled lighting only limited to HDD drilling sites / Hydrostatic pressure test locations during the hours of darkness. Provision of bat boxes along the Application Area.

Ecological Management Plan secured through the DCO. CEMP


Operational

Disturbance of bat activity from lighting at the AGI extension

Detailed lighting strategy to avoid light spill onto bat habitat



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