Great Crested Newt Surveys Land at Gonerby Moor, Grantham, Lincolnshire
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The natural choice for good advice Great Crested Newt Surveys Land at Gonerby Moor, Grantham, Lincolnshire April 2021 Report no: WOR 1335.3 A report by Colin Hicks BSc (Hons) MCIEEM, Principal Ecologist Western Ecology, 1 Geffery Close, Landrake, Cornwall PL12 5HA Telephone: 0800 622 6828 email: office@westernecology.co.uk
Report details Site name: Land at Gonerby Moor Site address: Gonerby Moor, Grantham, Lincolnshire Grid reference: SK 891 406 Survey date: 28th April 2020 Report date: 12th April 2021 Report author: Colin Hicks BSc (Hons), MCIEEM Report no: WOR 1335.3 Declaration of compliance BS 42020:2013 This study has been undertaken in accordance with British Standard 42020:2013 Biodiversity, Code of Practice for Planning and Development. Code of Professional Conduct The information which we have prepared is true, and has been prepared and provided in accordance with the Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions. Validity of survey data and report The findings of this report are valid for 24 months from the date of survey. If work has not commenced within this period, an updated survey by a suitably qualified ecologist will be required. Revisions Date Report no: Approved by: Comment 22/05/2020 WOR-1335 CDH Original report 25/11/2020 WOR-1335.2 CDH Report aligned with UK_Gonerby Moor_LP2-PDL_04 no: GON_01 12/04/2021 WOR-1335.3 CDH Report aligned with UK_Gonerby Moor_LP2-PDL_09 no: GON_01 Gonerby Moor - Great Crested Newt surveys April 2021 Page 2 of 32
Table of contents 1. Introduction .................................................................................................................... 4 1.1. Survey aims ........................................................................................................ 4 1.2. Site location......................................................................................................... 4 2. Survey Methodology ...................................................................................................... 5 2.1. Biological records search .................................................................................... 5 2.2. Habitat suitability Index (HSI) .............................................................................. 5 2.3. eDNA surveys ..................................................................................................... 5 3. Results ........................................................................................................................... 6 3.1. Biological records search .................................................................................... 6 3.2. Habitat Suitability Index (HSI) .............................................................................. 6 3.3. eDNA surveys ..................................................................................................... 7 3.4. Survey constraints ............................................................................................... 7 Map 1. Waterbodies surveyed for Great Crested Newts HSI and eDNA ......................... 8 4. Legislation...................................................................................................................... 9 5. Habitat assessment ..................................................................................................... 10 6. Assessment of potential impacts associated with development .................................... 12 7. Reasonable avoidance measures ................................................................................ 13 7.1. Limit of the RAMs .............................................................................................. 13 7.2. Toolbox talk ....................................................................................................... 13 7.3. Timing of works ................................................................................................. 13 7.4. Limit of construction works ................................................................................ 14 7.5. Storage of materials .......................................................................................... 14 7.6. Traffic movements ............................................................................................. 14 7.7. Cable route........................................................................................................ 14 7.8. Unexpected GCN within site .............................................................................. 14 7.9. Enhancement for GCN ...................................................................................... 14 8. Conclusion ................................................................................................................... 16 Map 2. Great Crested Newt Mitigation .......................................................................... 18 9. Appendix 1 ................................................................................................................... 19 SureScreen Scientifics Technical Reports .................................................................... 19 Gonerby Moor - Great Crested Newt surveys April 2021 Page 3 of 32
1. Introduction Western Ecology has been commissioned to complete a Great Crested Newt Environmental DNA surveys of seven ponds associated with an area of agricultural land to the north of Gonerby Moor, Grantham, Lincolnshire. Installation and operation of a Solar Farm together with all associated works, equipment and necessary infrastructure is proposed. 1.1. Survey aims The survey aim is to determine presence of Great Crested Newt (GCN) within 500 metres of the proposed development. This will allow an assessment of likely impact, and where appropriate, recommendations will be made for impact avoidance, mitigation and post- development enhancement to ensure compliance with wildlife legislation and relevant planning policy. 1.2. Site location The area of land surveyed is situated at the northern edge of the village of Gonerby Moor, and 5km to the north-west of the town of Grantham in the South Keverston district of Lincolnshire. Gonerby Moor - Great Crested Newt surveys April 2021 Page 4 of 32
2. Survey Methodology 2.1. Biological records search The desktop survey from Lincolnshire Environmental Records Centre provided biological records for GCN within 2 km of the site.1 2.2. Habitat suitability Index (HSI) All accessible waterbodies within 500 metres of the site were evaluated for their potential to support Great Crested Newt by calculating a habitat suitability index (HSI) as per ARG UK Advice Note 5. 2.3. eDNA surveys Water samples for eDNA analysis to determine presence/absence of Great Crested Newt were collected from 7 waterbodies within the survey area on 28th April 2020 (Map 1). The survey visits were carried out within the optimum period of mid April to late June and the samples were collected by a suitably experienced and licenced ecologist. The eDNA sampling kits were supplied by SureScreen Scientifics and the survey methodology followed the Natural England protocol2. For each water body, 20 samples of 30 ml each were collected from the edge of the waterbody by a suitably licenced and qualified ecologist. These samples were then mixed after which15ml was withdrawn and added to each of six tubes containing a preservative. Six tubes from each waterbody were sent for analysis by SureScreen Scientifics. 1 Please see Preliminary Ecological Appraisal for additional detail 2 Biggs J, Ewald N, Valentini A, Gaboriaud C, Griffiths RA, Foster J, Wilkinson J, Arnett A, Williams P and Dunn F 2014. Analytical and methodological development for improved surveillance of the Great Crested Newt. Defra Project WC1067. Freshwater Habitats Trust: Oxford. Gonerby Moor - Great Crested Newt surveys April 2021 Page 5 of 32
3. Results 3.1. Biological records search The biological records search returned 2 records for Great Crested Newt all pre-2003 and approximately 1.7km to the north east of the site. There are no statutory or non-statuary nature conservation site selected for Great Crested Newt within 2km. 3.2. Habitat Suitability Index (HSI) HSI was calculated for 9 ponds. A pond is present in Field B (P7 – Map 1), whilst further ponds are present beyond site boundaries including fisheries ponds to the north east (P1 & P2), three ponds within the adjacent motocross track (P3 – P6) and two ponds at the south western site boundary (P8 & P9). Great Crested Newt Habitat Suitability Index (HSI) has been calculated for all ponds based on ARG UK Advice Note 5 either assessed from the field visit (P6 – P9) and from aerial imagery and local knowledge (P1 – P6): P1 = 0.51 (below average) P2 = 0.53 (below average) P3 = 0.79 (good) P4 = 0.72 (good) P5 = 0.79 (good) P6 = 0.62 (average) P7 = 0.50 (below average) P8 = 0.76 (good) P9 = 0.75 (good) Pond P7 scored low due to its small size and isolated location within an arable field, whilst ponds P1 and P2 are part of coarse fishery. The presence of fish make it highly unlikely that these will support Great Crested Newt, as fish are significant predators on eggs and larval stages. Ponds beyond the A1 and Great North Road to the west are not included in this assessment as these features provide a significant barrier to Great Crested Newt dispersal. No other suitable ponds are present within 500 metres of the site. The HSI provides an indication of the likelihood of a pond supporting Great Crested Newt: • Only 3% of ponds with ‘poor’ HSI scores are likely to be occupied by Great Crested Newt. • Twenty percent of ponds with ‘below average’ scores are likely to be occupied by Great Crested Newt. Gonerby Moor - Great Crested Newt surveys April 2021 Page 6 of 32
• More than half of ponds (55%) with ‘average’ scores are likely to be occupied by Great Crested Newt. • Seventy-nine percent of ponds with ‘good’ scores are likely to be occupied by Great Crested Newt. 3.3. eDNA surveys eDNA surveys were completed on Ponds 2 to 9 on 28th April 2020. Samples were received at the laboratory on 28th April and results reported on 6th May (Appendix 1). Samples from Ponds P4, P5, P6, P8 and P8 were Negative for GCN eDNA. Samples from Ponds P3 and P7 were Positive for GCN eDNA. 3.4. Survey constraints The surveys were completed in the period within which Natural England will accept DNA evidence to support a European Protected Species licence application. All areas were accessible and a full assessment was made. There are no significant constraints to the survey results at this site. Gonerby Moor - Great Crested Newt surveys April 2021 Page 7 of 32
Map 1. Waterbodies surveyed for Great Crested Newts HSI and eDNA
4. Legislation Great Crested Newt and their breeding sites and resting places (during all parts of their lifecycle), are fully protected under the Wildlife and Countryside Act 1981 (as amended), and The Conservation of Habitats and Species Regulations 2017. They are identified as European Protected Species. Under these laws it is an offence to: • capture, kill, disturb or injure Great Crested Newts (on purpose or by not taking enough care); • damage or destroy a breeding or resting place (even accidentally); • obstruct access to their resting or sheltering places (on purpose or by not taking enough care); • possess, sell, control or transport live or dead newts, or parts of them; or • take Great Crested Newt eggs. Great Crested Newt are listed as a species of Principal Importance for the conservation of biodiversity. Any development activities which could result in the accidental killing, injury or disturbance of GCN may constitute an offence under the Habitats Regulations. GCN breed in ponds and other waterbodies but they occupy terrestrial habitats such as grassland, scrub, woodland and hedgerows for much of the year, and they may be found at distances of 250m or more from their breeding ponds. GCN may shelter and hibernate in natural or artificial habitats including tree roots, mammal holes, earth banks, rubble and wood piles and ground fissures. They may also be found sheltering under surface debris, plastic sheeting etc. This means there is the potential for a wide range of development activities to result in an offence under the Regulations. Natural England may issue a licence to permit activities that would otherwise give rise to an offence under the Regulations. A European Protected Species Licence (EPSL) can be issued for a number of purposes, including “imperative reasons of overriding public interest” (known as IROPI), which covers development activities affecting GCN. Licences can only be issued where there is (a) no satisfactory alternative and (b) the action authorised will not adversely affect the favourable conservation status of the species. However, in low risk situations Natural England encourages developers and their consultants to consider whether non-licensed avoidance measures can be implemented to reduce or avoid the risk of harming newts. Such measures can help to avoid the need for highly precautionary licence applications in situations where there is a very low risk of harming newts, or in some cases can mean that only part of a site needs to be subject to a licence. Gonerby Moor - Great Crested Newt surveys April 2021 Page 9 of 32
5. Habitat assessment Although no ponds will be lost to the proposed development, there is potential for GCN to use the habitats within the Site both for foraging and for hibernation purposes. Typically, GCN use habitats with plentiful cover and a supply of invertebrates for foraging; these could include, for example, tussocky grassland, scrub and woodland. They may shelter and hibernate within the root systems of hedgerow shrubs and trees, under fallen branches/logs, within mammal burrows (including rabbit holes) and in banks, earth bunds and rubble piles. The following observations are made on the availability of terrestrial habitats within the proposed development site: • The majority arable habitat comprised stubble from the previous years crop. Modern cereal crops are intensively managed with regular dressings of herbicides, fungicides and insecticides. Although these habitats could be crossed by GCN during nocturnal foraging, there is no cover and the likelihood of daytime presence is minimal, whilst it provides no potential for hibernation due to frequent cultivation. • The narrow species poor grassland margins along field boundaries would provide nocturnal foraging habitat but is unlikely to provide sufficient structural complexity for regular resting during daytime. • Hedgerows and ditch habitat along the majority of field boundaries will provide nocturnal foraging opportunities, daytime resting habitat, and connectivity with off-site habitats, as will the area of woodland between the northern areas of F1 and F2, outside the development footprint. • Root systems associated with hedgerows and woodland will provide hibernation habitat. The two positive eDNA results were for P3 and P7. Pond P3, associated with the motocross track, was created about 10 years ago and is located in a habitat which will in part be regularly disturbed, although rough vegetation associated with track margins and woodland to its north provide good terrestrial habitat for both foraging and hibernating GCN. P7, in F2, had an HSI of 0.50 making it ‘below average’ for GCN. This was due in part to its small size, but largely is a result of its isolation in an arable field with limited adjacent suitable habitat (Image 1). Previous years’ aerial imagery (Google Earth) indicate this field has been in arable rotation for at least 20 years. P7 is not considered currently to be optimal for breeding GCN due to its location. The presence of eDNA is unlikely to be due to a long- term, viable population of breeding GCN. Gonerby Moor - Great Crested Newt surveys April 2021 Page 10 of 32
Image 1. Pond P7 Gonerby Moor - Great Crested Newt surveys April 2021 Page 11 of 32
6. Assessment of potential impacts associated with development This assessment of impact considers construction within F1, F2 and F3. Construction in F4 is sufficiently distant from ponds with proven GCN presence for construction to continue with minimal risk of an offence. Pond P3 and P7 were positive for GCN eDNA, whilst Ponds P4, P5, P6, P8 and P9 were negative. All ponds are within 700 metres of each other. Although eDNA analysis is not a reliable indicator of population size, it can be reasoned from the lack of eDNA in the majority of ponds at this site, as well as the dominance of suboptimal terrestrial habitat in the surrounding area, that the local population of Great Crested Newts is likely to be limited in numbers. On that basis it is reasonable to assume the following within F1, F2 and F3: • during their terrestrial phase, March to October inclusive3, GCN may be present within suitable habitats (hedgerows, woodland and rough grassland at field margins); • at night occasional GCN may move across arable habitats within this area, in particular between P7 and nearby field boundaries during the period March to October inclusive; • in the period November to January inclusive, GCN may hibernate within hedgerows, woodland and mammal holes; The construction phase of the proposed development will not result in a loss of valued GCN habitat such as ponds and woodland. All construction works will be limited to arable habitats and the development will not damage or destroy a breeding or resting place and will not obstruct access to their resting or sheltering place. The only risk of an offence in relation to GCN during the construction phase is the potential to kill or disturb during the following operations: • Tracking vehicles along field margins. • Moving stored materials under which GCN have sought shelter. • Accidental damage/pollution to Pond P7, hedgerows and rough grassland. If works can be managed through reasonable avoidance measures that avoid the above impacts, the risk of an offence to GCN is reasonably unlikely. The operational phase will require site visits for maintenance, repair and habitat management in winter months (hedgerow and grass cutting). It is extremely unlikely that these would result in an offence and no mitigation is required. 3 GCN display seasonal activity patterns. See Langton, T.E.S., Beckett, C.L., and Foster, J.P. (2001), Great Crested Newt Conservation Handbook, Froglife, Halesworth. Gonerby Moor - Great Crested Newt surveys April 2021 Page 12 of 32
7. Reasonable avoidance measures The purpose of this method statement is to: • avoid an offence under regulation 41 of Conservation of Habitats and Species Regulations (2017); and • maintain the favourable conservation status of GCN associated with this site If land management moves away from intensive arable farming prior to development, this method statement may need to be re-visited. 7.1. Limit of the RAMs Only F1, F2 and F3 are subject to these RAMs (Map 2) and these comprise intensively managed arable fields with narrow grassland margins and hedgerows. Prior to the start of works, a suitably experienced and licenced ecologist will be appointed to act as Ecological Clerk of Works (ECoW). In addition, a member of the construction staff will be appointed as ‘responsible person’ to liaise with the ECoW and ensure that the ECoW is present at appropriate times during the construction phase to ensure these RAMs are adopted in an appropriate manner. A copy of this method statement will be made available to all site staff and sub-contractors and will be included as an appendix in any safe systems of work adopted here. 7.2. Toolbox talk Prior to the start of any works within F1, F2 and F3, a suitable toolbox talk will be provided to all site staff indicating: • the area in which these RAMs will be adopted, • working methods to be adopted under the RAMs, • the Legal protection provided for GCN, • how to identify GCN, • what to do if a GCN is unexpectedly encountered during works, and • the location and purpose of any buffer zones at field boundaries. 7.3. Timing of works Although arable habitats could theoretically be traversed by nocturnal GCN, there is little cover and the likelihood of daytime presence within arable habitats is negligible. There are no timing constraints to construction works within arable areas. Occasional GCN could rest within hedgerow vegetation and adjacent species poor grassland field margins, whilst the hedgerows could provide hibernation habitat. Field margins and hedgerows will be retained intact behind a 6-metre buffer zone delineated by a suitable temporary fence. There will be no access, storage of materials, ground disturbance, vehicle movements, parking, refuelling, burning or contamination within the fenced areas. The purpose of the fence will be explained to all site staff during site induction. Gonerby Moor - Great Crested Newt surveys April 2021 Page 13 of 32
7.4. Limit of construction works Hedgerows and grassland will remain outside the development, protected by the 6 metre buffer and a suitable fence (Map 2). Signs will be fixed to the fence explaining its purpose. If any construction works will impact this 6 metre buffer zone, these will need to be done under a separate method statement whilst under the direct supervision of the ECoW. No features with potential to shelter GCN will be disturbed, such as log or rock piles, unless the ECoW has completed a finger-tip search and given clearance. 7.5. Storage of materials No materials will be stored within arable habitat areas overnight as this may provide resting habitat suitable for newts and encourage them into the site. If this is unavoidable, materials will be stored on a pallet, off the ground. 7.6. Traffic movements Construction vehicles will not move within the RAMS area unless necessary. Travel will be along dedicated tracks outside the hedgerow buffer zone. Where practicable, these tracks will be signposted onsite and a plan provided to all relevant construction staff showing their location. No vehicles will be parked within the RAMs area overnight. 7.7. Cable route The cable route will pass through existing gaps in hedgerows. There is potential for animals to become trapped within any trenches left open overnight. Where possible, all trenches will be in-filled on the day of excavation. If this is not practicable, an escape ramp, with a slope of 45 degrees or less, will be left allowing any animal trapped within it to escape. Any trench left open overnight will be checked prior to continuation of works. 7.8. Unexpected GCN within site If GCN are encountered at any time during construction, the animal must be left undisturbed and all works must stop that may impact it. The ECoW or ‘responsible person’ will be notified immediately and advice sought from Natural England on how best to proceed. 7.9. Enhancement for GCN There is good potential to provide a significant gain for GCN at this site by simple changes in land management from arable to pastoral. Gonerby Moor - Great Crested Newt surveys April 2021 Page 14 of 32
Buffer habitats The 6 metre buffer habitat to the hedgerows could be managed to create a tussocky grassland for the benefit of GCN. Existing grassland could be retained, and bare areas sown with a suitable grass seed mix, such as Emorsgate EG10. Area beneath panels The area beneath the solar panels could be sown with a suitable grass mix to provide low impact grazing for livestock. This will create suitable habitat for GCN, especially where solar PV supports create structural diversity for resting animals, whilst livestock dung will improve invertebrate numbers for foraging GCN. Pond P7 A 10 metre fenced buffer sown with a tussocky grassland mix could be created around P7 (Map 2). To prevent poaching and damage to this small pond, it should not be used as a water source for livestock during the operational phase of the development. Gonerby Moor - Great Crested Newt surveys April 2021 Page 15 of 32
8. Conclusion Natural England has produced guidance for developers and their consultants to help decide whether an EPS licence is required4. This includes the following advice: “If the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under Regulation 41 or 45 then no licence is required.” In addition, within Great Crested Newt Method Statement for EPS licence application5 Natural England state: “Natural England is concerned about the trend for increasingly risk-averse mitigation for several reasons. Primarily, there is no legal need, and little benefit to great crested newt conservation, in undertaking mitigation where there are no offences through development. Even where there technically is an offence, such as the destruction of a small, distant area of resting place habitat, it is arguable that impacts beyond the core area often have little or no tangible impact on the viability of populations. Mitigation in such circumstances is of questionable value in conservation terms. There are, however, substantial costs: developers delay projects and spend large sums on mitigation. Sometimes the mitigation project itself has environmental costs, especially when it entails substantial lengths of newt fencing. In some cases long newt fences are employed with no justification. Natural England wishes to see newt fencing used more appropriately, i.e. only where there is a reasonable risk of capturing, containing and/or excluding newts.” Taking into account the reasonable avoidance measures in Chapter 7, the actual risk of the development adversely affecting GCN is considered to be very low. There will be no impacts on breeding sites, and it is considered reasonably unlikely that the works will result in deliberate capture, injury or killing of GCN; damage or destruction of resting places; or deliberate disturbance to GCN in such a way as to impair their ability to survive, breed, reproduce, rear or nurture their young, hibernate or migrate, or to significantly affect the local distribution or abundance of the species. There is a small risk that individual GCN could be encountered during preparatory or construction work, for example if a GCN entered the working area during construction. If this happened and GCN were disturbed as a result it would constitute an offence. For this reason, the precautionary measures in Section 7.8 include the actions to be taken in the event that GCN are discovered during the preparatory or construction works. On the basis of the information given above, it is the conclusion of the author that, on balance, the proposed preparatory and construction work is reasonably unlikely to result in an offence under Regulation 41 of the Conservation of Habitats and Species Regulations 2010 (as amended). 4 WML-G12 – EPS Mitigation Licensing – How to get a licence – Version December 2013 5 See: https://www.gov.uk/government/publications/great-crested-newts-apply-for-a-mitigation-licence Gonerby Moor - Great Crested Newt surveys April 2021 Page 16 of 32
Provided these RAMs are adopted, no European Protected Species Licence is required for construction of this development. Gonerby Moor - Great Crested Newt surveys April 2021 Page 17 of 32
Map 2. Great Crested Newt Mitigation Gonerby Moor - Great Crested Newt surveys April 2021 Page 18 of 32
9. Appendix 1 SureScreen Scientifics Technical Reports Gonerby Moor - Great Crested Newt surveys April 2021 Page 19 of 32
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