5hfhlyhg ˇ 3 ˇ ˆ protected species mitigation strategy (psms) application/623000/62… · •...

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Project: Branston Locks Development phase 1 road construction Document: Protected Species Mitigation Strategy (PSMS) v CONTENTS 1. Roles and Responsibilities 2. Applicable Standards 3. Information for communication with Contractors and Visitors 4. Initial Environmental Risk Assessment and Control Plan 5. Monitoring 6. Emergency Procedures Protected Species Mitigation Strategy (PSMS) Branston Locks Development Phase 1 Road Construction [COSTCDX8621] / [PSMS.]Rev. 01 March 2016 P/2016/00474 Received 24.03.2016

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Page 1: 5HFHLYHG ˇ 3 ˇ ˆ Protected Species Mitigation Strategy (PSMS) Application/623000/62… · • Proposed hard landscaping works, including changes in ground levels, pedestrian and

Project: Branston Locks Development phase 1 road construction Document: Protected Species Mitigation Strategy (PSMS)

v

CONTENTS

1. Roles and Responsibilities

2. Applicable Standards

3. Information for communication with Contractors and Visitors

4. Initial Environmental Risk Assessment and Control Plan

5. Monitoring

6. Emergency Procedures

Protected Species Mitigation Strategy (PSMS) Branston Locks Development Phase 1 Road Construction [COSTCDX8621] / [PSMS.]Rev. 01 March 2016

P/2016/00474

Received 24.03.2016

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Document Control Sheet

Project Name: Protected Species Mitigation Strategy (PSMS)

Project Number: COSTCDX8621

Report Title: Branston Locks Development Phase 1 Road Construction

Report Number: PSMS

Issue Status/Amendment

Prepared Reviewed Approved

Rev 01 Name: Stuart Graham

Name: Robert Randall

Name: Michael Peile

Signature:

Date: 15/02/2016

Signature:

Date: 18/02/2016

Signature:

Date: 04/03/16

Name:

Name:

Name:

Signature: Date:

Signature: Date:

Signature: Date:

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Project: Branston Locks Development phase 1 road construction Document: Protected Species Mitigation Strategy (PSMS)

Contents 1 Introduction................................................................................................. 4 2 Regulatory Framework & Planning Conditions ............................................... 5 3 Site Location & Project Description ............................................................... 7 4 Roles and Responsibilities ......................................................................... 10 5 Baseline Ecological Information .................................................................. 12 6 Summary Description and Mitigation Requirements ...................................... 15

Habitats .................................................................................................... 15 Bats ......................................................................................................... 16 Badgers .................................................................................................... 19 Reptiles .................................................................................................... 21 Common Amphibians ................................................................................. 23 Birds ........................................................................................................ 25 Invasive & Injurious Plant Species ............................................................... 27 Otter and water vole .................................................................................. 29

7 Incident Response..................................................................................... 31 8 Internal Communication & Training ............................................................. 32 9 Other Commitments .................................................................................. 33

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1 Introduction

1.1 The aim of the Protected Species Mitigation Strategy (PSMS) is to set out the responsibilities with regard to compliance with legislation and to implement any mitigation measures.

1.2 This PSMS details mitigation measures to minimise environmental impact

from the construction phase of the development.

1.3 Furthermore, it provides a framework within which the measures will be implemented throughout the project.

1.4 The PSM provides project-specific mitigation measures and is a dynamic

document which should be reviewed if conditions onsite change that may influence mitigation measures.

1.5 This document has been developed to avoid, minimise and mitigate against

any construction effects on protected species and habitats that may be present within or adjacent to the works area. It should be considered a living document with reviews being undertaken at set intervals and new information added as appropriate.

1.6 For the purposes of this document, the working area is defined as any area

where there will be a requirement for temporary or permanent works to facilitate the construction of the development. This includes areas required for access, temporary construction and temporary storage areas.

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2 Regulatory Framework & Planning Conditions

2.1 The proposed scheme aims to create a new access route from the A38

roundabout to Branston Locks Development including a new Canal Bridge and junction back onto Branston Road. This includes widening the existing Branston Road and implementing a new footway, cycleway and street lighting.

2.2 The primary requirements of the planning consent are the formulation and

implementation of a Protected Species Mitigation Strategy (PSMS). The PSMS is required to encompass protected species controls, when required, with due consideration to relevant environmental legislation.

2.3. The PSMP provides the framework for which commitments made in the

Environmental statement (ES) or any mitigation requirements of planning conditions can be realised. The PSMS outlines the contractors approach to protected species mitigation throughout the construction phases (in this instance Phase 1) with the primary aim of eliminating adverse impacts from construction on sensitive receptors.

2.4. The Planning permission conditions with protected species implications are

given below: 9No development shall take place until a Protected Species Mitigation Strategy has been submitted and approved in writing by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved strategy unless otherwise agreed in writing with the Local Planning Authority. For each part, or all, of the development, the Protected Species Mitigation Strategy will refer to:-

The scope and methodology for updated Ecology and Tree Surveys, covering:

- Statutory protected species, and

- Species of conservation priority (e.g. invertebrates and / or wild birds), where suitable habitat is present

The objectives and key principles of mitigation strategy to be applied to future detailed applications;

The key principles of post-construction monitoring of key species; and

The mechanism to update the Strategy in future, if required. Reason: To ensure the development does not harm protected species, or their habitats in accordance with the National Planning Policy Framework (particularly Section 11). 28Each Landscaping and Public Open Space Scheme shall include (in so far as applicable) details of:-

• Overall layout and design, including a statement of compliance with the principles of the approved Open Space Strategy;

• The management and protection of existing trees, hedges and other landscape features to be retained;

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• A list of protected species known to require mitigation (as described in the Protected Species Mitigation Scheme);

• The proposed planting of new trees, including details of the size, species, and positions or density of all trees to be planted, and the proposed time of planting;

• Proposed hard landscaping works, including changes in ground levels, pedestrian and cycle access and circulation, hard surfacing materials, park furniture, children’s play areas, fencing, walls, gates, lighting, and other appropriate works;

• Proposed soft landscape works, with reference to planting plans, written specifications for plant and grass establishment, schedules of plants, programme of implementation, and the requirements of any Protected Species Mitigation Scheme;

• Landscape and ecological management plans, including long term design objectives, management responsibilities and maintenance schedules.

Reason: To safeguard the character and appearance of the development and its surroundings, and to ensure that open space is provided to serve the development in accordance with East Staffordshire Local plan Saved Policy BE1, the East Staffordshire Design Guide and the National Planning Policy Framework (particularly Section 7 and Paragraph 17).

37No development of any phase shall take place until an Ecological Survey, taking into account key features and habitats within that phase of development and mitigation in accordance with the principles in the approved Protected Species Mitigation Strategy, has been submitted to and approved in writing by the Local Planning Authority. The development of that phase is to be completed thereafter in accordance with any mitigation measures (a Protected Species Mitigation Scheme) required by the submitted survey. Reason: As recommended by Staffordshire Wildlife Trust to ensure the development does not harm protected species in accordance with the national Planning Policy Framework (particularly Section 11). 38No works for the demolition of the bungalow, and associated barns and outbuildings to lawns Farmhouse shall take place until updated Bat Roost Surveys, in accordance with the approved Protected Species Mitigation Strategy, have been submitted to and approved in writing by the Local Planning authority, with the works for demolition to be completed thereafter in accordance with any mitigation measures required by the update surveys. Reason: As recommended by Staffordshire Wildlife Trust to ensure the development does not harm protected species in accordance with the national Planning Policy Framework (particularly Section 11).

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3 Site Location & Project Description

3.1. This PSMS has been produced on behalf of Staffordshire County Council to support a planning application (ref P/2012/01467) to create a new access route from the A38 roundabout to Branston Locks Development including a new Canal Bridge and junction back onto Branston Road. This includes widening the existing Branston Road and implementing a new footway, cycleway and street lighting. UK grid ref: E 421741, N321377

3.2. The site extents of the proposed scheme are shown on the red line plans and the land is within the ownership of East Staffordshire Borough Council (ESBC) and they have been formally notified of this planning application. In Figure 1 below this document refers to phase 1 of the proposed work which is highlighted in dark blue.

Overview of site location.

Figure 1: Site Location Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2014.

All rights reserved. Ordnance Survey License number 100046668.

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Figure 2: Aerial image of the footprint of the development Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2014.

All rights reserved. Ordnance Survey License number 100046668.

3.3 The site falls within East Staffordshire, measuring approximately 6ha in area and centres on approximate National Grid Reference (NGR) SK21741 21377.

3.4 The surrounding area is rural in nature with a small area of residential

properties adjacent to the roundabout. The area is primarily made up of agriculturally improved fields and boundary hedges. On the opposite side of the A38 lies Centrum Business Park, this comprises of a mix of office, industrial and distribution uses.

3.5 Habitat is dominated by arable farmland but also includes species rich hedgerow dominated by hawthorn Crataegus monogyna, open water that is part of the Trent and Mersey Canal, species poor semi-improved grassland and a linear strip of scrub dominated by field maple Acer campestre and sycamore Acer pseudoplatanus.

3.6 The project entails the creation of a new vehicular and pedestrian and cycle

access from the A38 roundabout to the Branston Locks development/ Branston Road.

3.7 The scheme includes a new Canal Bridge and junction back onto Branston

Road. This includes widening the existing Branston Road and implementing a new footway, cycleway and street lighting.

3.8 The works include:

Advanced ecological mitigation works in the form of vegetation clearance; see ‘vegetation clearance plan’ stripping); CDX8620-R00-01A - Enabling Works – Clearance.

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Creation of a new access road to Branston Locks site

Permanent land take from arable land

The works will involve the demolition of buildings and removal of hedgerows to facilitate the creation of a new road and to allow for the construction of a new canal bridge

3.9 It comprises of:

Site clearance;

Fencing & Road Restraint Systems;

Drainage and service ducts;

Earthworks (excavation and fill);

Pavements;

Kerbs, footways and paved areas;

Traffic signs & road markings;

Street Lighting;

Statutory Undertaker’s service diversions;

Landscaping works; and

Accommodation Works

3.10 Site Hours of Work:

08:00 - 18:00 Monday to Friday

08:00 - 13:00 Saturday (when required)

No construction will take place on Sundays and Bank Holidays

3.11 In order to maintain these working hours, contractor(s) will require a period

of 30 minutes before and at the end of the working shift to start up and close down the works activities.

3.12 During the construction period it may be necessary in exceptional

circumstances to work outside the prescribed working hours. Should this occur, the hours and duration of these works will be subject to consultation with Staffordshire County Council.

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4 Roles and Responsibilities

4.1. Project Manager – Richard Farmer - 07800 625366

The Project Manager is responsible for:

Ensuring that the PSMS is developed & held on site and that it is implemented throughout all phases of the project. Ensuring the PSMS details are updated as and when relevant information is provided by the stakeholders associated with each section of the PSMS; e.g. pre-construction surveys, etc.

Maintaining the PSMS and ensuring that all contractors and visitors comply with it.

Ensuring that protected species mitigation measures identified within the Pre-Construction Information and the pre-construction site surveys and relevant information gathered from agencies, local councils etc. are addressed.

Communicating the PSMS and other related document to employees, contractors and client representatives.

4.2. Contractors and Visitors

Contractors and visitors to the project will be responsible for:

Ensuring that the protected species mitigation measures identified from environmental surveys are implemented as they are relevant to their work / visit.

Ensuring that the project management team are notified of any non-conformance of protected species mitigation measures where a protected species has been put at risk.

4.3. Site Manager – Chris Charnley 07970 487 418

The site manager is to ensure all those that work on site:

Have Amey Site Induction including briefing on protected species present within the area, pertinent to the project, and relevant toolbox talks.

Understand and obey with the PSMS.

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Have, task specific risk assessments and method statements (RAMS) in place identifying any protected species issue which may be applicable.

Are carried out in accordance with the requirements of any associated PSMS.

4.4. Site HSEQ Advisor – Adam Cooper 07872 867 429

The site HSEQ Advisor is responsible for:

Ensuring site staff is working in accordance with the PSMS.

Ensuring that the PSMS is implemented throughout all phases of the project.

Keeping records of and reporting any incidents and close calls (near misses).

4.5. Site Environmental Advisor – Michael Peile - 07791 470205

The Project Manager shall nominate and appoint an experience Environmental Advisor. The environmental advisor shall ensure work is carried out:

In accordance with legislation & consents, objectives, targets and the Protected Species Mitigation Strategy on site.

Ensure site staff operates in accordance with agreed Reasonable Avoidance Method Statements (RAMS) and in accordance with the

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Amey induction and tool box talk training with regards to protected species.

Monitor/Report Environmental Issues by:

Ensuring compliance with Environmental legislation & consents,

objectives, targets and the PSMS.

Carrying out Inspections, Audits and Non – conformance.

Responsible for delivering PSMS training.

Ensure work is carried out in accordance with the PSMS.

5 Baseline Ecological Information

5.1. Detailed descriptions of habitats and species can be found in the following reports:

Atmos Consulting (November 2012) Branston Locks, Burton upon Trent: Ecology Baseline Report, Habitats & Scoping – Technical Appendix 14.1, 6801/RO3/Rev2 (on behalf of Nurton Developments (Quintus) Ltd).

Atmos Consulting (November 2012) Branston Locks, Burton upon Trent: Great Crested Newt Survey Report – Technical Appendix 14.2, 6801/RO4/Rev2 (on behalf of Nurton Developments (Quintus) Ltd).

Atmos Consulting (November 2012) Branston Locks, Burton upon Trent: Bat Survey Report – Technical Appendix 14.3, 6801/RO5/Rev2 (on behalf of Nurton Developments (Quintus) Ltd).

Atmos Consulting (November 2012) Branston Locks, Burton upon Trent: Breeding Bird Survey Report – Technical Appendix, 6801/R6/Rev1 (on behalf of Nurton Developments (Quintus) Ltd).

Atmos Consulting (November 2012) Branston Locks, Burton upon Trent: Tree Survey Report – Technical Appendix, 6801/Rp2/Rev2 (on behalf of Nurton Developments (Quintus) Ltd).

Atmos Consulting (July 2013) Branston Locks, Burton upon Trent: Bat Survey Report – Additional Information, 6801/R07/Rev2 (on behalf of Nurton Developments (Quintus) Ltd).

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Nurton Developments (Quintus) Ltd (November 2012) Branston Locks: Environmental Statement.

5.2. Amey was commissioned by Staffordshire Highways to undertake a

summary of ecological constraints for Phase 1 of the Branston Locks project in October 2015, to update the surveys undertaken on behalf of Nurton Developments (Quintus) Ltd in 2012 / 13

5.3. An update Extended Phase 1 and Tree survey was undertaken for Phase 1 of the Branston Locks project in October / November 2015, with detailed methodologies of the survey methods provided below.

Extended Phase 1 Survey Methodology

5.4. A site walkover was undertaken on 05 October 2015 by Miss Caitlin McCann BSc (Hons) MSc. a suitably qualified ecologist.

5.5. The methodology employed was based-upon that outlined in the ‘Handbook for Phase 1 Habitat Survey’ (JNCC, 2010) whereby all habitats within the study area are mapped and described to provide an overview of the site. This habitat survey method was extended through the additional recording of specific features indicating the presence, or likely presence, of protected species such as bats, birds, great crested newt Triturus cristatus, badger Meles meles and other species of conservation significance.

5.6. This survey does not constitute a full protected species survey but enables

experienced ecologists to obtain an understanding of the site such that it is possible either:

To confirm the conservation significance of the site and assess the potential for impacts on habitats/species likely to represent a material consideration in planning terms; or

To establish the scope and extent of any additional specialist ecological surveys that will be required before such confirmation can be made.

5.7. The Extended Phase 1 habitat survey also incorporated a preliminary bat

roost assessment of trees within and adjacent to the Site; assessing trees in accordance with the Bat Conservation Trust’s (BCT) Bat surveys good

practice guidelines (Hundt, 20121). The preliminary roost assessment looked to identify features suitable for roosting bats. Trees were further categorised as follows:

Category 1*: Trees with multiple, highly suitable features capable of supporting larger roosts;

Category 1: trees with definite bat roost potential, supporting fewer features than Category 1* trees or with potential for use by singe bats;

1 Hundt, L. (2012) Bat surveys good practice guidelines. 2

nd edition, BCT: London

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Category 2: trees with no obvious potential, although the tree is of a size and age that elevated surveys may result in cracks or crevices being found: or the tree supports some features which may have limited potential to support bats;

Category 3: trees with no roost potential;

5.8. The key reference documents listed above were utilised for the desk top

survey along with biological data and information on non-statutory sites was requested from Staffordshire Ecological Records (SER).

Tree Survey Methodology

5.9. The survey was undertaken by Ellen Boardman BSc (Hons), Tech Arbor A, Environmentalist, in November 2015. The trees were subject to a visual inspection only based on the guidance within BS5837: 2012 Trees in relation to design, demolition and construction. No investigation was carried out into their internal condition. Further investigations were recommended (where necessary), but were beyond the scope of the report.

5.10. The survey was an above-ground inspection only. Soil type was not ascertained on site. This report is not concerned with the possible influence of tree root activity on the proposed final development.

5.11. Trees were inspected and recorded individually.

5.12. Generally only trees with a stem diameter over 75mm were included within the survey:

If measurements are approximate they are indicated with#.

The location of existing service routings were not investigated within the survey.

A detailed description of habitats and species identified during the update surveys undertaken in October / November 2015 can be found in the following reports:

Amey (October 2015) Branston Road Phase 1 Site Access: Summary Ecological Constraints Report (on behalf of Staffordshire Highways).

Amey (November 2015) Branston Road Phase 1 Site Access: Tree Report (on behalf of Staffordshire Highways).

CDX8620-R00-02 Enabling Works - Tree Protection

5.13. A summary description of the update survey findings together with detailed

protected species mitigation requirements (if required), to be implemented during the duration of the works, is provided in Section 8.

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6 Summary Description and Mitigation Requirements

Habitats

6.1. All habitats within the proposed works area and immediately adjacent to the

proposed scheme footprint were noted, and the potential for protected or otherwise notable species was assessed.

6.2. One statutory site is present within 2km of the proposed scheme. This is Branston Water Park Local Nature Reserve (LNR) and is approximately 200m south of Phase 1. It is designated for the presence of a lake surrounded by woodland, wetland and wildflower meadow.

6.3. The hedgerow sections within Phase 1 are part of Branston Road

Biodiversity Alert Site (BAS) that is designated for the presence of hedgerows.

6.4. Sections of this hedgerow will be directly impacted by the scheme. Phase 1

will also be directly over Branston Locks BAS that is designated for the presence of open water, marginal and emergent vegetation.

6.5. The new canal bridge will be constructed over this BAS but no works are

anticipated within it.

6.6. No notable protected plants were seen during the field surveys. Further, due to the habitat type on site it is considered unlikely for notable plant species to be present.

6.7. The habitats within the site are very common and therefore the potential for

notable invertebrate species is considered to be low.

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Bats

6.8. Surveys undertaken by Atmos Consulting (on behalf of Nurton Developments

(Quintus) Ltd) in 2009 and 2012 identified the presence of a number of bats roosts in the surrounding environment of the site. Furthermore, their surveys identified a number of trees, residential and commercial buildings which provided bat roosting potential. A number of bat activity surveys undertaken across the site and wider environment in 2009, along with automated detector surveys in 2012 identified four species of bat; Myotis spp., noctule Nyctalus noctula, common pipistrelle Pipistrellus pipistrellus, soprano pipistrelle Pipistrellus pygmaeus utilising the site for foraging and /or commuting.

6.9. An update scoping survey of features and habitats present within and

immediately adjacent to the works area was undertaken by an Amey licensed bat ecologist in 2015. The survey identified none of the trees with the site of Phase 1 works as having potential to contain a bat roost; furthermore containing negligible potential to support roosting bats. A residential building present within the works area that is to be demolished was further assessed and was considered to contain negligible potential to support roosting bats.

6.10. An update scoping survey of features and habitats present within and immediately adjacent to the works area was undertaken by an Amey licensed bat ecologist in 2015. The survey identified none of the trees with the site of Phase 1 works as having potential to contain a bat roost; furthermore containing negligible potential to support roosting bats. A residential building present within the works area that is to be demolished was further assessed and was considered to contain negligible potential to support roosting bats.

6.11. Although no bat roosts or features with potential to support roosting bats have been identified with or immediately adjacent to the works area, it is known that bats do utilise the linear scrub / trees and hedgerows for foraging and / or commuting.

Mitigation

6.12. If baseline conditions remain the same, the development will commence adopting the precautionary mitigation measures detailed below. If signs of roosting bats are encountered within a feature scheduled to be removed / demolished within the works area, a development license may be required and one or both of the following options will be incorporated:

6.13. If baseline conditions remain the same, the development will commence adopting the precautionary mitigation measures detailed below. If signs of roosting bats are encountered within a feature scheduled to be removed / demolished within the works area, a development license may be required and one or both of the following options will be incorporated:

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the development will be amended to avoid works which may impacts on the bat roost; and/or,

a disturbance licence will be obtained from Natural England before construction commences.

Method Statement

6.14. The objectives of this Method Statement are therefore to:

Ensure that no bats are harmed by the proposed works; and,

Avoid committing an offence under the above legislation.

6.15. This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no significance disturbance (beyond that typically encountered) on bats results from the proposed development.

6.16. The following measures will be observed:

Prior to any works commencing on Site, all site operatives will be informed by a ‘tool box’ talk of the presence of ecological constraints and protected species issues relating to this Site; ‘tool box talks’ must ensure that contractors and site operatives are aware of bat signs.

Works will be restricted to daylight hours only.

The demolition of the building will be undertaken adopting a ‘soft demolition’ approach, under the direct supervision of a licensed ecologist.

If a bat roost is identified within or immediately to the works area, works will cease, within the area, until an assessment of the feature has been made by a suitably qualified and licenced ecologist;

No site operative will be permitted to disturb a feature potentially identified as resulting from a bat until investigated by a suitably qualified and licenced ecologist;

If a grounded bat is identified during the course of works, no site operative will be permitted to disturb the bat other than to take it into care. A suitably qualified and licenced ecologist must be consulted immediately.

Emergency contact details for the local bat group (Staffordshire Bat Group) and a suitable qualified and competent veterinary practice will be displayed within the Site Office;

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All works and the design of the street lighting will be undertaken in accordance with best practice guidelines relating to bats and lighting2

and ensure light spill is minimised.

A log of all Site checks, sightings of bats or their signs and infringements of the method statement (to include advice given and actions taken to rectify) will be kept by the ECoW.

2 Anon. 2009. Bats and Lighting in the UK: Bats and the built environment series. BCT and

ILE. London and Rugby.

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Badgers

6.17. Whilst initial surveys indicated that there is no evidence of badger setts within

or immediately adjacent to the study area, historical evidence (road traffic casualties, the presence of setts and badger prints) suggest that the area is utilised by foraging badgers.

Mitigation

6.18. A pre-construction badger survey will be undertaken immediately prior to Scheme commencement, in order to assess levels of badger activity and to check for any newly constructed setts within at least 30m of the proposed works.

6.19. If baseline conditions remain the same, the development will commence

adopting the precautionary mitigation measures detailed below. If signs of activity are encountered within 30m and works are considered to be of a scale and duration that could cause disturbance, a development licence may be required and one or both of the following options will be incorporated:

the development will be amended to avoid works which may impacts on the sett; and/or,

a disturbance licence will be obtained from Natural England before construction commences. The mitigation measures detailed within the Reasonable Avoidance Measures Works Method Statement will provide the basis of mitigation put forward in support of the licence application.

Method Statement

6.20. The objectives of this Method Statement are therefore to:

Ensure that no badgers are harmed by the proposed works; and,

Avoid committing an offence under the above legislation.

6.21. This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no significance disturbance (beyond that typically encountered) on badgers results from the proposed development.

6.22. The following measures will be observed:

Prior to any works commencing on Site, all site operatives will be informed by a ‘tool box’ talk of the presence of ecological constraints and protected species issues relating to this Site;

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Open excavations will be kept to a minimum across the whole Site, and covered overnight or fitted with a means of escape to prevent badgers or other animals becoming trapped;

Herras fencing will only be erected upon completion of an additional badger survey (by the ECoW) of the area where installation is to be undertaken;

Works will be restricted to daylight hours only.

All materials on Site will be stored in secured compounds or raised off the ground;

Bulk storage of earth or materials will be checked daily for the presence of badger features (newly constructed setts or setts under construction);

If badgers or their features are identified within or immediately to the works area, works will cease and machinery turned off within 30m of the area until the badger is removed to safety from the site or an assessment of the feature has been made by the ECoW;

No site operative will be permitted to disturb a feature potentially identified as resulting from a badger (sett) or a badger until investigated by the ECoW;

Emergency contact details for the local badger group (Staffordshire Badger Conservation Group) and a suitable qualified and competent veterinary practice will be displayed within the Site Office;

Weekly checks of the works area and immediately adjacent land will be undertaken by the ECoW;

A log of all Site checks, sightings of badgers or their signs and infringements of the method statement (to include advice given and actions taken to rectify) will be kept by the ECoW.

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Reptiles

6.23. Whilst the update surveys indicated that there is no evidence of reptiles

within or immediately adjacent to the study area and there is negligible potential for their presence, adjacent habitat which could support reptiles is present. Therefore, it is noted that transient reptiles may occasionally be present and that there is a risk in injuring and / or killing a reptile when vegetation clearance is carried out.

Mitigation

6.24. The development will commence adopting the precautionary mitigation

measures detailed below. If protected reptile species are encountered and works are considered to be of a scale and duration that could cause disturbance, the following option will be incorporated:

the development will be amended to avoid works which may impacts on reptile species.

Method Statement

6.25. The objectives of this Method Statement are therefore to:

Ensure that no common reptiles are harmed by the proposed works; and,

Avoid committing an offence under the above legislation.

6.26. This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no significance harm (beyond that typically encountered) on common reptiles results from the proposed development.

6.27. Construction works will be undertaken in a sensitive manner so as to

minimise the risk to reptiles. The following measures will be observed:

The sensitive removal of any potential refugia which may be present within the works area will be undertaken under the direct supervision of the ECoW prior to the commencement of works;

Vegetation clearance (excluding trees) will be undertaken under the direct supervision of the ECoW, with reptiles relocated to a pre-determined receptor area;

Prior to any works commencing on Site, all site operatives will been informed by a ‘tool box’ talk of the presence of ecological constraints and sensitive species issues relating to this Site;

Open excavations will be kept to a minimum across the whole Site, and covered overnight or fitted with a means of escape to prevent reptiles or other animals becoming trapped;

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All materials on Site will be stored in secured compounds or raised off the ground;

If reptiles are identified within the works area, works will cease until the reptile is removed to safety from the site to a pre-determined receptor area by the ECoW;

Emergency contact details for a suitably qualified and competent veterinary practice will be displayed within the Site Office;

A log of all Site checks, sightings of reptiles and infringements of the method statement (to include advice given and actions taken to rectify) will be kept by the ECoW.

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Common Amphibians

6.28. No ponds were identified within a 500m radius of the works area and there is

negligible potential for their presence. Although it is not anticipated that great crested newts would be present within the works area, Reasonable Avoidance Measures Approach will be adopted to ensure the safety of all amphibian species, including great crested newts.

Mitigation

6.29 The development will commence adopting the precautionary mitigation measures detailed below. If amphibian species are encountered and works are considered to be of a scale and duration that could cause disturbance, the following option will be incorporated:

the development will be amended to avoid works which may impacts on amphibian species.

Method Statement

6.30 The objectives of this Method Statement are therefore to:

Ensure that no common amphibians are harmed or disturbed by the proposed works; and,

Avoid committing an offence under the above legislation.

6.31 This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no significance harm (beyond that typically encountered) on common amphibians results from the proposed development.

6.32 Construction works will be undertaken in a sensitive manner so as to minimise the risk to amphibians. The following measures will be observed:

The sensitive removal of any potential refugia which may be present within the works area will be undertaken by the ECoW prior to the commencement of works;

Vegetation clearance (excluding trees) will be undertaken under the direct supervision of the ECoW, with amphibians relocated to a pre-determined receptor area;

Prior to any works commencing on site, all site operatives will been informed by a ‘tool box’ talk of the presence of ecological constraints and sensitive species issues relating to this Site;

Open excavations will be kept to a minimum across the whole Site, and covered overnight or fitted with a means of escape to prevent amphibians or other animals becoming trapped;

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All materials on Site will be stored in secured compounds or raised off the ground;

Bulk storage of earth or materials will be checked daily for the presence of common amphibians;

If amphibians are identified within the works area, works will cease until the amphibian is removed to safety from the site to a pre-determined receptor area by the ECoW;

Emergency contact details for a suitably qualified and competent veterinary practice will be displayed within the Site Office;

A log of all Site checks, sightings of amphibians and infringements of the method statement (to include advice given and actions taken to rectify) will be kept by the ECoW;

Daily checks of pooled water across the site will be undertaken prior to the commencement of works by the ECoW, during the breeding season. Any clumps or strings of spawn will be relocated to a pre-determined receptor area

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Birds

6.33. The surveys undertaken in 2012 identified 42 bird to be breeding within the

survey area, ten of which were SPI species in England and UK BAP species – cuckoo Cuculus canorus, yellowhammer Emberiza citronella, grasshopper warbler Locustella luscinioides, linnet Carduelis cannabina, skylark Alauda arvensis, bullfinch Pyrrhula pyrrhula, house sparrow Passer domesticus, song thrush Turdus philomelos, dunnock Prunella modularis and reed bunting Emberiza schoeniclus – with six of these also local Staffordshire BAP species.

6.34. Of these 42 species, five were only observed breeding in the off-site

woodland – cuckoo, grasshopper warbler, bullfinch, buzzard Buteo buteo and sparrowhawk Accipiter nisus. A further species, house sparrow, was only observed in association with the buildings at Lawns Farm and Shobnall Grange to the north of Phase 1.

6.35. The remaining 36 bird species were recorded within the application site boundary in the open arable farmland or field boundaries, with certain species such as skylark and stock dove Columba oenas showing particular preference for the open habitats.

Mitigation

6.36. With the presence of these species identified across the site, the

development will commence adopting the precautionary mitigation measures detailed below. If signs of activity are encountered within 10m and works are considered to be of a scale and duration that could cause disturbance, one or both of the following options will be incorporated:

the development will be amended to avoid works which may impacts on the nesting birds until the young have fledged.

Method Statement

6.37. The objectives of this Method Statement are therefore to:

Ensure that no breeding birds are disturbed or harmed by the proposed works; and,

Avoid committing an offence under the above legislation.

6.38. This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no significance disturbance (beyond that typically encountered) on breeding birds results from the proposed development.

6.39. The following measures will be observed:

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Prior to any works commencing on Site, all site operatives will be informed by a ‘tool box’ talk of the presence of ecological constraints and protected species issues relating to this Site; ‘tool box talks’ must ensure that contractors and site operatives are aware of breeding birds.

All vegetation clearance should be carried out outside the bird nesting season which runs from March to August. If this is not possible then a survey is required 24 hours prior any works commencing to ensure that no birds are nesting on site.

In the case that the development will be conducted during the breeding season then it will be necessary to exclude birds from the construction site. However, deterrence is not the most successful exclusion method and birds may be present on site.

If a nest is identified within or immediately to the works area, works will cease until an assessment of the feature has been made by the ECoW;

If applicable all plant and equipment should be used with noise suppression which will reduce the noise impact of the surrounding area.

Nesting sites should be inspected only by suitably qualified ecologists.

Tree canopies and natural buffer areas should be preserved as much as possible.

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Invasive & Injurious Plant Species

6.40. The update ecological survey did not identify any invasive or injurious plant

species as present within or immediately adjacent to the works area (species relevant to Schedule 9, Section 14(2) of the Wildlife and Countryside Act 1981 (WCA 1981), and as such it is not considered at risk at this site.

Mitigation

6.41. A pre-construction invasive species survey will be undertaken immediately prior to development, to identify the presence of any new stands of invasive species present within or immediately adjacent to works area and accurately determine the distribution of above and below ground invasive species material (if required), to include mapping out of current distribution.

6.42. If baseline conditions remain the same, the development will commence

adopting the precautionary mitigation measures detailed below. If a stand(s) of invasive species are identified within or immediately adjacent to the works, an assessment of the potential impact of the invasive species present on the development will be undertaken and a detailed ‘Invasive Species Eradication Strategy’ may be formulated; which will incorporate;

Impact on the Scheme

Eradication or control methods

The works area(s) will be modified to avoid working within an 8m radius of the identified stand to avoid spread of the invasive species.

An ‘Invasive Species Eradication Strategy’ will be produced and adhered to before works commence.

Method Statement

6.43. The objectives of this Method Statement are therefore to:

Ensure that no invasive species are spread throughout or to areas adjacent to the working area(s).

Avoid committing an offence under the above legislation.

6.44. This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no invasive species are illegally transported off site.

6.45. The following measures will be observed:

Prior to any works commencing on Site, all site operatives will be informed by a ‘tool box’ talk of the presence of invasive species and issues relating to this Site;

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Weekly checks of the Site and immediately adjacent land will be undertaken by the ECoW; and

If invasive or injurious weeds are identified during the course of the weekly site checks, a suitable cordon will be erected around the stand (8m radius for knotweed and 3m for injurious plants) and an Invasive Species Eradication Strategy’ will be produced and adhered to before works commence.

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Otter and water vole

6.46. Otters are known to range along the Canal, although no signs confirming their presence have been recorded within the site, and no holts are present. Mitigation to ensure that otters can continue to range through the site along the Canal will be required. Water voles are not present on the Canal at the current time, and thus mitigation is not required in respect of this species. Mitigation in respect of otters will be sufficient to ensure that, if a water vole was to be dispersing along the Canal, it would be able to do so without disturbance.

Mitigation

6.47. The development will commence adopting the precautionary mitigation

measures detailed below. If otter or water vole are encountered and works are considered to be of a scale and duration that could cause disturbance, the following option will be incorporated:

The development will be amended to avoid works which may impacts on otter or water vole.

Method Statement

6.48. The objectives of this Method Statement are therefore to:

Ensure that no otter or water vole are harmed or disturbed by the proposed works; and,

Avoid committing an offence under the above legislation.

6.49. This method statement should be followed for all works, minor or temporary

(e.g. enabling works), to ensure legal compliance and to ensure no significance harm (beyond that typically encountered) on otter and water vole results from the proposed development.

6.50. Construction works will be undertaken in a sensitive manner so as to

minimise the risk to otter and water vole. The following measures will be observed:

Prior to any works commencing on Site, all site operatives will been informed by a ‘tool box’ talk of the presence of ecological constraints and protected species issues relating to this Site;

Open excavations will be kept to a minimum across the whole Site, and covered overnight or fitted with a means of escape to prevent otters or other animals becoming trapped;

Herras fencing within vicinity of these features will only be erected upon completion of an additional otter survey (by the ECoW);

Works will be restricted to daylight hours only.

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If otters or their features are identified within or immediately to the works area, works will cease within 30m of the area until the otter is removed to safety from the site or an assessment of the feature has been made by the ECoW / suitable qualified and licenced ecologist;

No site operative will be permitted to disturb a feature potentially identified as resulting from a otter (holt, couch, slide, spraint site etc.) or an otter until investigated by the ECoW;

Emergency contact details for the local mammal group (Staffordshire Mammal Group) and a suitable qualified and competent veterinary practice will be displayed within the Site Office;

Weekly checks of the Trent and Mersey Canal and immediately adjacent land will be undertaken by the ECoW during construction;

A log of all Site checks, sightings of otters or their signs and infringements of the method statement (to include advice given and actions taken to rectify) will be kept by the ECoW.

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7 Incident Response

7.1 All incidents relating to protected species should be reported directly to the Amey project manager and the Amey site environmental advisor as soon as practicable.

7.2 An incident can be:

A protected species being identified within or immediately adjacent to the works area;

Un-mitigated damage to the habitat of a protected species or nesting bird(s);

Damage to protected species, either plants or animals;

7.3 Amey document ENVT-PP-FO-01 Pollution Incident Response Plan will be

completed by the CDM Supervisor.

7.4 As a minimum contractors will be required to complete a risk assessment in order to assess requirements for spillage equipment and pollution prevention storage. Any equipment should be clearly labelled, readily available in the area it is likely to be required – the locations and how the equipment is to be used should be detailed in an environmental ToolBox Talk to all contractors.

7.5 Where necessary in the event of a pollution incident the Environment Agency (EA) will be contacted and Amey and Client Environmental Project Manager notified. The EA pollution hotline number is 0800 807060. In addition, there may be the need to contact Natural England.

7.6 Amey Airsweb reporting policy and procedures shall be complied with at all times. For all direct reporting to Airsweb database the following contact number is to be used 0800 521 660.

7.7 If a workplace hazard is spotted a ‘close call’ must be raised to prevent any incidents or activity that could be potentially harmful to the environment or the community. Amey Close call hotline: 0800 521 660.

7.8 If an incident or event is likely to give rise to public concern and adverse media attention then Group Procedure HS-SigIncident-PR-01 Reporting Group Significant Incidents should be followed. The Group Significant Incident hotline is 0844 701 6515

7.9 The nearest veterinary care facility is Burton Animal Hospital, Inside Just for Pets, Salt Walk (Off Union Street), Burton on Trent, DE14 1AA. (Tel: 01283 510363).

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8 Internal Communication & Training

8.1. The PSMS will be distributed to the project team, including subcontractors, to ensure that protected species requirements are communicated effectively. Key activities and environmental sensitive operations will also be briefed to staff and subcontractors. The Protected Species Mitigation Strategy shall be displayed on site.

8.2. The CEMP details a schedule of meetings to be developed to include weekly

Safety, Health Protected Species and Environment meetings, where any issues or incidents will be raised for the attention of the client, along with proposed remedial / mitigation action and additional control if required. A protected species & environmental register must be signed and updated to confirm tool box talks, training and weekly meetings by the environmental team.

8.3. During the construction phase, internal communication will include reporting

on the following: Inspections, audits and non-conformance, any incidents, and near misses.

8.4. Site staff will be competent to perform tasks that have potential to impact

protected species. Competence is defined in terms of appropriate education, training and experience. Where project specific training is required, training will be appropriate to the role and seniority of staff.

8.5. Protected species awareness and training shall be achieved by:

All managers and supervisors being briefed on the PSMS. All sub-staff and operators are to undergo an environmental induction and tool box talks and the PSMS will be signed and updated on the Environmental Register.

Site inductions, including the potential presence of protected species and mitigation measures to be implemented.

Toolbox talks to cover specific task related matters relating to protected species

Key project specific issues and briefings.

8.6. Meetings provide the Project Manager and the team an opportunity to

exchange information and receive immediate feedback.

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9 Other Commitments

9.1. In addition to the mitigation measures, Amey maintains an Environmental Management System from which information will be extracted as required to complete method statements upon which operatives will be briefed.

9.2. A commitments register for the scheme will be maintained, including the commitments identified within the PSMS and include any survey, authorisations, consents, licences and permissions to undertake. The register will be updated with any new issues identified during the pre-construction or construction phase.