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Number 62 • December 2008 In Practice Bulletin of the Institute of Ecology and Environmental Management Mitigation
INFORMATION In Practice No. 62, Dec 2008. ISSN 1754-4882 Institute of Ecology and Environmental Management Editor: Jason Reeves (jasonreeves@ieem.net) IEEM aims to raise the profile of the profession of ecology and environmental management, to establish, maintain and enhance professional standards, and to promote an ethic of In Practice is published quarterly by the Institute of Ecology environmental care within the profession and to clients and and Environmental Management. It is supplied to all members employers of the members. of IEEM and is also available by subscription (£30 per year in Patrons UK, £40 overseas). Prof David Bellamy Sir Martin Doughty In Practice will publish news, comments, technical papers, Prof Charles Gimingham Mr John Humphrys letters, Institute news, reviews and listings of meetings, events Dr Duncan Poore The Earl of Selborne and courses. In Practice invites contributions on any aspect Baroness Barbara Young of ecology and environmental management but does not aim to publish scientific papers presenting the results of original Office Bearers research. Contributions should be sent to the Editor at the President: Prof Steve Ormerod IEEM office (address below). Vice-President: Dr Eirene Williams Opinions expressed by contributors to In Practice are not Secretary: Mr Mike Barker necessarily supported by the Institute. Readers should seek Treasurer: Mr Richard Graves appropriate professional guidance relevant to their individual Secretariat circumstances before following any advice provided herein. Executive Director Dr Jim Thompson Advertising Deputy Executive Director Mrs Linda Yost Full page: £500, half-page: £250, quarter-page: £125, eighth- page: £65, inserts: £400. The Institute does not accept Membership Officer responsibility for advertising content or policy of advertisers, Ms Anna Thompson nor does the placement of advertisements in In Practice Education and Professional Development Officer imply support for companies, individuals or their products or Mr Nick Jackson services advertised herein. Project Officer - Ecological Skills Gap Dr Jill Sutcliffe Membership External Relations Officer Full £130 (outside UK: £80) Mr Jason Reeves Associate £95 (outside UK: £55) Finance and Projects Officer Mrs Gemma Langdon-Saunders Retired £50 Marketing and Public Relations Officer Affiliate £50 Ms Mimoza Nushi Graduate £50 Administration Officer Student £20 Ms Jennifer Austin Full membership is open to those with four years experience, and Associate membership to those with two years experience. IEEM Office Appropriate qualifications are usually required. Details are given in the Membership eligibility criteria. 43 Southgate Street, Winchester, Hampshire, SO23 9EH, UK The membership year is 1 October – 30 September. Tel: 01962 868626 | Fax: 01962 868625 E-mail: enquiries@ieem.net | Website: www.ieem.net In Practice is printed on Revive Silk, a 100% recycled IEEM is a Company limited by guarantee, no. 2639067. paper (100% post consumer waste). © Institute of Ecology and Environmental Management IEEM is a member of: The Institute is immensely grateful to those organisations below who have made financial contributions or provided substantial ‘help in kind’ to support its activities during 2008 British Ecological Society
EDITORIAL AND CONTENTS Editorial Contents Information 2 B y the time you read this editorial the Institute will have had a thorough discussion about mitigation at its annual conference in Glasgow. This issue of In Practice concentrates on Editorial and Contents Mitigation Banking: Securing No Net Loss for Biodiversity? 3 4-6 the subject, which should be at the heart of our work as ecologists William Latimer CEnv MIEEM and David and environmental managers. The conference will have had the Hill CEnv FIEEM benefit of reviewing a number of case studies, and discussing their Large Scale Mitigation: A Case Study 7 - 10 outcomes. I have to anticipate what the outcomes may be, as I write Using Water Voles Helen Markwell CEnv MIEEM this editorial, the day before the Conference starts. Site Mitigation for Invertebrates 11 - 12 I think we may hear calls for change in the way we go about mitigation and the way that Alex Ramsay MIEEM decision makers and project managers alike rely on mitigation. I use ‘mitigation’ here in Mitigating Urban Pressures on Natura 13 - 16 the broader sense, commonly used in environmental assessment, to cover avoidance, 2000 Heathlands in Dorset cancellation and reduction measures, rather than the narrower meaning of ‘mitigation’, only Heather Tidball MIEEM and Phil Sterling as the action of reducing the severity or seriousness of something. I argue that we should take these measures into account at every stage of the decision making process. However, Can Non-Intrusive Geo-Physical 17 - 20 Techniques Assist in Mapping Setts of we should distinguish between them and ‘compensatory measures’, which should be the Eurasian Badger considered only after the decision in principle has been taken to proceed with a damaging P O’Donoghue CEnv MIEEM, L Dolan, P D change. Dansie MIEEM and I Sharkey I am advocating a more structured approach to mitigation and compensatory actions, Understanding the Habitats Directive: 21 - 23 following a sequence, down a ladder of counter-acting measures; where we give priority Appropriate Assessment - What is it and to avoidance, then cancellation, then reduction measures, before considering seven types what is ‘appropriate’? Roger Morris CEnv FIEEM of compensatory measures. These are, again in the order I suggest they should normally be prioritised: in situ repair; like-for-like habitat or species restoration; like-for-like habitat Survey Guidance for Assessing Bat 24 - 27 creation; alternative habitat or species restoration; alternative habitat creation; new Activity at Proposed On-Shore Wind protection measures and translocation. All of the measures are not, of course, available in Farms James Cook MIEEM, Andrew McCarthy every case, and are not mutually exclusive. They should be used individually or in various CEnv MIEEM, Stephen Holloway CEnv permutations to deliver the most reliable and most complete recompense for the adverse MIEEM and Gary Oliver CEnv MIEEM effects in the longest term. Neglected Biodiversity: Mosses, 28 - 31 Requiring mitigation is routine, but compensatory measures are more difficult to secure Liverworts and Ecological Impact in most regulatory regimes. Furthermore, although government policy (e.g. PPS9) urges Assessment the spatial planning system to conserve and enhance biodiversity resources, development Des A Callaghan MIEEM management and other regulatory processes are not well designed to deliver net benefits. Restoration Network Ireland 32 There is scope for a bigger contribution, through regional and local spatial planning, to the Catherine A Farell MIEEM planning and delivery of both compensatory measures and net benefits, at greater-than- Autumn Conference Report 33 project- level scale. I also think that there is a positive role for ‘habitat banking’ as a form of mitigation, or more often, a compensatory measure, when done with care and integrity and The IEEM Medal: Citation for Professor 34 when properly accounted for. Charles Gimingham Pat Rae CEnv MIEEM and Una Urquhart I think we should also place more weight on the need for, and value of, monitoring. All too CEnv FIEEM often projects offer mitigation or compensation measures, decision makers accept them, or Best Practice Awards 2008 35 - 36 impose alternative measures, the project is implemented and we all assume the measures were properly applied and fully effective. There are some good examples of diligent Ecological Skills Gap Project 37 - 38 monitoring and adjustment of measures in response to actual, as opposed to predicted, IUCN World Conservation Congress 39 effects. These should become the norm not the exception. A monitoring and review procedure should be imposed as a requirement (by way of enforceable conditions) in every New Fellows 40 case where EIA has been undertaken, and potential harm identified. Tony Bradshaw Obituary 41 David Parker CEnv MIEEM David Tyldesley MIEEM Institute News 42 Principal, David Tyldesley and Associates Geographic Section News 43 - 45 Partnership News 46 Correction In the Journals 47 - 50 In the EcIA Questions and Answers article, in In Practice 61, the third last Recent Publications 51 paragragh on page 27 should make reference to the ‘NERC Act Section 41 list’ News in Brief 52 - 53 rather than to the ‘CRoW Act Section 74 list’. This correction was made by the author, but unfortunately was not included in the final print version. IEEM would like Tauro-Scatology 54 to apologise for any inconvenience caused. New and Prospective Members 55 Diary 56 Cover image: Professor Charles Gimingham Merry Christmas and Happy New Year! (right) receives the IEEM Medal from Mr Michael Russell MSP, Environment Minister, Scottish Everyone here at IEEM would like to wish you a Government wonderful Christmas and a prosperous New Year! Artwork on the cover will normally illustrate an article in, or the theme of, the current issue. The Editor would be pleased to consider any such material from authors.
MITIGATION BANKING Mitigation Banking: Securing No Net Loss for Biodiversity? William Latimer CEnv MIEEM and David Hill CEnv FIEEM** * Associate Director, Faber Maunsell ** Chairman, The Environment Bank Ltd Introduction habitat creation and management. Credits for land set aside for mitigation banking planning authorities in its Planning Policy Statement No. 9 takes this principle E nvironmental advisors and can increase in value as the ecosystem further, stating (para. 1.vi) ‘Where a develops or populations increase to a planning decision would result in significant planners are frequently stable and self-sustaining level. In the USA, harm to biodiversity and geological confronted with uncertainties the scheme now encompasses broader interests which cannot be prevented or over ecological mitigation, habitat and species banks with around adequately mitigated against, appropriate whether the proposed 150 institutions administering the banks compensation measures should be compensation is adequate and or providing ecological and conservation sought. If that significant harm cannot be how it will function over time. expertise. prevented, adequately mitigated against, or The advantages of acquiring and compensated for, then planning permission Mitigation banks have inverted conservation should be refused’. retaining land in advance for values: where wildlife conservation in ecological mitigation required the development context was formerly The focus is therefore shifting from by subsequent development has regarded as a financial drain and a site-based conservation of habitats and been demonstrated primarily in liability, the mitigation banking system species, to the maintenance of biodiversity has transformed protected species and and functioning ecosystems as emphasised the USA where such Mitigation habitats into assets. in the Government’s 2005 Sustainable Banking (or Biodiversity Development Strategy (Ch. 5) which Offsets, ten Kate, Bishop and The results of mitigation banking from recognises the importance of biodiversity Bayon 2004), pioneered for the the US experience appear to be broadly to self-maintaining natural systems and positive as a large number of successful conservation of wetlands over 20 conservation schemes have been achieved. “ecosystem services”. While the converging years ago (Crooks and Ledoux policies on biodiversity and sustainability There have been some failures attributed 2000), is now established in the might be considered fairly straightforward, principally to the lack of regulatory there remain considerable risks to regulatory framework. supervision, highlighting the need for sustainable development under the current effective enforcement and monitoring. Essentially, the mitigation bank is planning system. established by acquiring land for the creation, or enhancement and Mitigation Banking: its Section 106 ‘Agreements’ of the 1990 Town and Country Planning Act allow management, of habitats or ecosystems for a particular wildlife or environmental Application in the UK the applicant to enter into legally binding agreements to secure mechanisms to resource. The asset is valued in terms The Legislative and Planning offset adverse environmental effects. of credits and the better the condition Framework While this adds power and flexibility to the of the land in terms of its environmental planning process there are a number of objectives, the greater its value. Credits The Habitats Directive, enacted in the notable disadvantages: may be purchased, held, and traded in a UK by the 1994 Conservation (Natural process analogous to carbon trading. Habitats, &c.) Regulations (Habitats • agreements with the local authority Regulations), requires the protection, usually predicate that the works Land may be acquired by financial at a ‘favourable conservation status’ of or mitigation feature operate at a institutions, businesses, land-owners or habitats and species deemed to be rare local level, often adjacent to the investors and managed to maximise its or vulnerable at an international level. This development, which may not be an biodiversity or environmental capital. principle of no-net-loss applies certainly to optimal strategy; Credits may then be sold as the land comes the network of European protected sites into appropriate and stable condition • mitigation is often initiated at the same but also to qualifying species that may for which the asset was purchased. The time or even after the development obtain resources, at least occasionally, purchase of credits does not in any way has taken place leading to a temporal outside protected sites. Examples of the obviate adherence to existing legislation loss of ecological resources; latter might include birds from a protected regarding environmental protection, natural estuary or marshland that may also roost • timescales for ecological succession resource or wildlife conservation, but may or graze outside a Special Protection leading to habitat stability are be used where impacts are deemed to be Area (SPA) or bats from a Special Area therefore often too short; and unavoidable. Along with the reduction in of Conservation (SAC) that forage along ecological risk that comes to the developer • overarching mitigation for combined adjacent hedgerows. Where developments with the acquisition of credits also comes developments, which may be outside protected sites may affect the a reduction in financial risk: credits for temporally as well as spatially interest within, the statutory regulator will species or a functioning ecological system separated is rarely sought, unless require an ‘appropriate assessment’ to be can be more accurately costed. part of an appropriate assessment undertaken and, if needed, mitigation to ensure no net loss. under Para. 48(1) of the Habitats The monetary value of the credits is Regulations. related to the costs of land acquisition, Recent UK government guidance to 4 In Practice December 2008
MITIGATION BANKING In addition, there can be a substantial gap Location habitats undergo the correct development between what is promised by developers period are therefore: It is often appropriate to re-create through planning obligations and what habitats in the same ecological area • the longer the period of development, is delivered, due to the inadequacy of (e.g. English Nature’s Natural Areas or the greater the likelihood that some subsequent monitoring and enforcement. Joint Character Areas) to obtain the measure of habitat stability is Statutory Requirements and best like-for-like replacement. It may achieved, though this is often reliant Ecological Principles also be necessary to make even finer on the correct management regime; discriminations based on microclimatic Like-for-Like Mitigation • with appropriate monitoring, and factors or soil types. Adjacent remedial action where needed, the risk The no-net-loss principle dictates that compensation for housing or employment of failure declines over time; where mitigation is obtained by means of developments provides a visible credits, these should have parity with the and accessible amenity and a public • the habitat is therefore better able to losses due to development, both in keeping perception of replacement of valued fulfil its intended biodiversity function; with the scale of loss and the nature of the natural resources. and loss. The financial analogy would be that However, in some cases, the success • the value of the credits for the habitat the credits are of the appropriate currency of mitigation may be compromised by increase over time, in keeping with and monetary value. Thus a pond with siting the area in close proximity to greater stability, habitat quality and protected great crested newts necessarily the development. These would include the assurance that the habitat will fulfil lost to development would require mitigation areas for species that are its objectives. replacement habitats for that species, sensitive to anthropogenic disturbances chalk grassland re-created in mitigation such as visual disturbance from walkers, The ability to produce mature and stable for losses to development should be of a noise, fires, disturbance or predation habitats is perhaps the key advantage of similar plant community. from domestic pets. The degradation the mitigation banking system, as long of lowland heaths as an apparent result as the bank is correctly regulated and Critical Natural Capital or Non- monitored. Replaceable Habitats of proximate housing developments is well documented (Liley and Clarke 2002, Mitigation for Habitats and Mitigation banks are limited to those Underhill-Day 2005) and has led to the habitats that can be created or manipulated Species without Statutory development of local spatial planning to increase their conservation value in policies (English Nature 2005). On-site Protection terms of their ecological function, habitats, or adjacent mitigation may also not be For habitats and species without direct or species. The system cannot deal with appropriate for busy transport corridors statutory protection, there is an increasing losses to habitats that are deemed, in with high levels of noise, collision risk, or emphasis on similar compensation being realistic timescales, to be irreplaceable. poor air quality. In such cases it would be provided for any losses of biodiversity Such critical natural capital (e.g. ancient necessary to seek alternative sites well due to development (PPS9). Species and woodlands and raised mires) cannot be beyond the range of expected impact. habitats requiring conservation action are traded, along with other habitats that may Climate change adds a challenging new listed under Section 74 of the 2000 CRoW be very difficult to replicate because of dimension to this debate. The value Act (reinforced by Section 40 of the NERC environmental complexity (e.g. habitat of habitat banking is that it provides Act) and are generally subjects of the UK mosaics on complex geology) or intricate a mechanism for the delivery of this Biodiversity Action Plans (BAP). In addition relationships between physical and resource and this principle can be to BAP and Section 74 habitats and biological factors (e.g. hibernation caves extended to the provision of the core species, the Red and Amber lists of bird for bats). sites and green corridors comprising species (JNCC 2002) and Red Data books Spatial Relationships between ecological networks. point to additional species for conservation Development Areas and Mitigation action. Timescales for Habitat Development Sites and Ecological Succession While mitigation banks could be developed Size to permit compensation for BAP species Where the mitigation bank can be created and habitats lost to development, it would The creation of large reserve areas well in advance of its requirement in clearly be inappropriate for gains within the for wildlife is often more successful in compensation for losses to development, banks to be counted as progress towards producing stable and self sustaining the uncertainty as to the success of BAP targets for key habitats or species populations of the target species and mitigation is reduced as the process of and the development of mitigation banks habitats than small isolated sites, ecological succession, and management should not, in any way, reduce the effort vulnerable to random catastrophic factors as needed, render the habitat better to promote the favourable conservation or the deleterious effects of inbreeding. suited for its purpose. Timescales for status of these species. Nevertheless, Small sites can require a disproportionate habitat creation vary according to the in some cases the presence of core effort of management in order to maintain type of habitat. Ponds may be available populations within the banks, developed their ecological interest, e.g. the control for colonisation by protected amphibian to compensate for losses elsewhere, may of invasive species on small heathland or aquatic insect populations within one make a temporal, local contribution to patches, and mitigation costs for separate or two years; species-rich grasslands species recovery outside the banks where developments can also be higher where may take 4-5 years, with appropriate favourable habitats exist. administration and management are management, to stabilise, while woodlands replicated both spatially and over time for will clearly take many decades to mature. Development in Farmland, a Case in the same target habitat or species. The principle that newly created habitats Point should be in place in appropriate condition There is therefore now considerable for their compensatory purpose is noted With increasing development on greenfield interest in developing large ‘reserves’ at a in Paragraph 30 of the UK Government’s sites, pressures continue on communities landscape scale, e.g. the various initiatives Circular on Biodiversity and Geological of the mosaic of farmland habitats, for the restoration of extensive reedbeds Conservation, but this can be difficult to already much depleted by intensive in the Fens, habitats or biotopes sized to achieve under the current planning regime. farming. The concern over the loss of support sustainable populations of key, species characteristic of arable farmland ‘flagship’ species. The important advantages in ensuring that is highlighted in plans within the UK BAPs In Practice December 2008 5
MITIGATION BANKING and summarized in chapter 4 of the comprising sustainable rural communities biodiversity. Journal of Applied Ecology 44: Government’s Biodiversity Strategy for where economic, social and environmental 6-12. England (Defra 2002a). In view of this, issues are all taken into account. Where Crooks S and Ledoux L (2000) Mitigation the statutory conservation agencies compensation for the loss of farmland banking: potential applications in the UK. and planning authorities are likely, in biodiversity is required, mitigation banking Environmental and Waste Management 3(4): accordance with the requirements of PPS could transfer some of this commitment, 1-8. 9, to seek appropriate mitigation for such currently funded from the public purse losses due to development. The advance through piecemeal Environmental Defra (2002a) Working with the Grain of acquisition of biodiversity credits in species Stewardships, to the developer. Nature: A Biodiversity Strategy for England. and habitats characteristic of farmland The system would benefit extensive Defra (2002b) Strategy for Sustainable habitats appears to be increasingly tenable landscape initiatives where progress and Farming and Food - Facing the Future. given current concerns over landscape sustainable management may be limited www.defra.gov.uk/farm/policy/sustain/ conservation, intensive agriculture, food by the uncertainties and unpredictability newstrategy/strategy/strategy.pdf quality and the rural economy. of piecemeal funding (Wall 2006). As Whole Landscape Conservation noted above, such initiatives could also be Defra (2004) The Rural Strategy. www.defra. spatially designed to deliver the ecological gov.uk/rural/strategy/default.htm By supporting a farming system geared networks needed to enable the dispersion Ecosystem Marketplace. See: towards conserving declining animal of species across the wider landscape, ecosystemmarketplace.com/index.php and plant species of increasingly rare from local, through regional, even to farming landscapes, other gains, in English Nature. Natural Areas. www.english- national dimensions, providing one of the addition to enhanced biodiversity, may nature.org.uk/science/natural/NA_search. pre-requisites for mitigating the effects of arise. There is some evidence that asp climate change. extensive and organic farming methods not only produce increasingly sought- English Nature (2005) Thames Basin Heaths. Delivery of the Mitigation Banking after products with a high market value Pulling together for access, conservation and System development. A new approach to housing but also support a landscape that offers sustainable production (Bullock et al. With no formal system in place for a allocations and nature conservation (see: 2007) with a higher biodiversity than nationwide approach to mitigation banking, www.english-nature.org.uk/about/teams/ modern conventional intensive farming the approach at present would rely on team_photo/Thames1.pdf). English Nature (New Scientist 2004). Organic farming partnerships between financial institutions Thames and Chilterns Team. is now seen as a viable sector of the UK and land management or conservation Liley D and Clarke R T (2002) Urban agriculture industry with acknowledged agencies. There is, however, nothing development adjacent to heathland sites benefits for sustainability, biodiversity and to prevent developers from acquiring in Dorset: the effect on the density and the rural economy (Defra 2002b, 2004) additional land and managing this in order settlement patterns of Annex I bird species. though without farm diversification, the to provide for future mitigation needs. English Nature Research Report No. 463. economics can, at present, be borderline. However, we believe such acquisition, or Natural England, Peterborough, UK. establishment of land is more appropriately Payments for biodiversity credits held by done through a third party working New Scientist (2004) Organic Farming landowners who conserved ecological independently of the developer and boosts Biodiversity. 11 October. www. assets upon their land could assist in relieving him from the specialist work of newscientist.com/article.ns?id=dn6496 keeping land-owners or tenant farmers ecological mitigation design, construction and their employees working on the land, ten Kate K, Bishop J and Bayon R (2004) and management. thereby assisting the rural economy. Biodiversity offsets: Views, experience and Management for sustainable food Regulatory supervision, as with the the business case. IUCN, Gland, Switzerland production and biodiversity often requires carbon trading scheme administered by and Cambridge, UK and Insight Investment, a higher level of skilled application whether the Environment Agency, would be most London, UK. www.iucn.org/themes/ applied to the management of rotational properly undertaken by the appropriate business/Biodiversity%20Offsets/ten%20ka farming, sound and sympathetic animal statutory conservation agencies, though te%20et%20al%20paper.pdf husbandry, or the management of habitats it is highly likely, and clearly desirable both Underhill-Day J C (2005) A literature review and ecosystems. for the regulators and the development of urban effects on lowland heaths and their industry, that these agencies would require Landscapes farmed in part for biodiversity wildlife. English Nature Research Report No. that managers of mitigation banks and objectives have a higher visual appeal 623. Natural England, Peterborough, UK. developer seeking credits should obtain the than those under intensive agriculture assistance of professional ecologists. The UK Government (2005) Sustainable which often result in rather forbidding and Development Strategy; Securing the Future. constrained environments for ready public There is a real opportunity to obtain Defra (see: www.sustainable-development. access. Bio-diverse landscapes would much greater gains for biodiversity and gov.uk/publications/uk-strategy/index.htm) have an enhanced high value for public ecosystem function, at varying landscape enjoyment and, linked to public goods and scales through the implementation of a Wall T (2006) Inching towards conservation services, enhancements of ecological mechanism based on mitigation banking. at the landscape scale. Conservation Land patches and networks on farmland, The required investment in land and skills Management 4: 2, 4-7. English Nature. delivered through mitigation banking, could should find favour in the current economic also provide more areas for people to visit, climate and the re-visiting of Keynesian alleviating pressure on vulnerable protected economics. We propose that such a This article is based on Mitigation Banking: sites, assisting in progress towards mechanism is enshrined within the planning Securing No Net Loss to Biodiversity? A UK government targets for restoring the Sites process in the UK. Perspective by William Latimer and David of Special Scientific Interest (SSSI) network Hill in Planning, Practice & Research, Vol. to favourable condition. References 22, No. 2, pp. 155–175, May 2007. The Rural Strategy (Defra 2004) presents Bullock J M, Pywell R F and Walker K Correspondence: a government vision of a living, working, J (2007) Long-term enhancement of william.latimer@fabermaunsell.com protected and vibrant countryside agricultural production by restoration of dhill@davidhillecology.com 6 In Practice December 2008
WATER VOLE MITIGATION Large Scale Mitigation: A Case Study Using Water Voles Helen Markwell CEnv MIEEM Senior Environmental Scientist, Halcrow Group Ltd Summary the protection afforded by Map of rivers in the BFAP project area L arge scale development projects can pose the Project’s flood significant challenges when implementing defences. protected species mitigation, but also provide opportunities for developing novel solutions and In order to best practice methodologies. A prime example deliver the works, a large is the issue of water vole mitigation required team of civil for the Broadland Flood Alleviation Project engineers, (BFAP). Achievements to date have included the environmental development of an effective mitigation technique, scientists, using water draw down as a displacement tool, and project and a rapid assessment survey methodology. managers Post works monitoring indicates mitigation is a are employed by the client, success and Broadland continues to provide a UK design stronghold for the species. consultant and works Project Background contractor, operating from The BFAP is a long-term project providing a range of flood a single main defence improvements, maintenance and emergency response office base. services within the tidal areas of the Rivers Yare, Bure, Waveney An extensive and their tributaries. The contract for the Public Private network of Partnership Programme was awarded in 2001, and the 20 site personnel year programme of works is being delivered on behalf of, and implement the construction works. All baseline ecological in partnership with, the Environment Agency (EA). The project surveys are either undertaken in-house or are sub-contracted is the first of its kind to provide flood defences on this scale; to relevant specialists. Impact assessments, mitigation more than 240 km of floodbanks protect in excess of 21,000 prescription, on-site environmental (clerk of works) supervision hectares of Broadland. and strategic post-works monitoring are all undertaken by Situated in East Anglia, Broadland is one of the finest areas members of the Project’s Environment Team. of wetland in Britain. It includes open water, the Broads themselves, and the low-lying marshland surrounding the tidal Nature of Works river reaches. The rivers reach the sea at Great Yarmouth, and together with the Broads comprise a major inland navigation. Under the BFAP contract the main flood defence improvement works are to be completed by 2012. As a result many tens of The Broads, a unique and environmentally sensitive area, has kilometres of floodbanks may be worked each year. The works a status equivalent to a National Park, and is home to plants are based on the use of sustainable techniques, and utilise and animals found in few other places in Britain, many of which locally sourced material for building new and strengthening/ are protected under UK and European law. The Project area crest raising existing floodbanks wherever possible. contains 28 Sites of Special Scientific Interest (SSSI), amounting to more than 7,000 hectares in total, the majority of which The zones and habitats directly affected within the works benefit from protection under European law either as Special corridor comprise the rond (area of reed/saltmarsh located Protection Areas (SPAs) or Special Areas of Conservation between the main river and the floodbank); the floodbank itself; (SACs). Two Ramsar sites are also located within the Project the folding (area of land between the floodbank and the soke boundary. Conservation bodies own or manage some of dyke); and the soke dyke. The soke dyke runs parallel to the the sites, but most of Broadland is productive farmland and floodbank and is the traditional source of local material for much of the land is now used for traditional summer livestock building and maintaining the flood embankments. grazing. Many of the biodiversity features of the area rely on The construction works involve removal of vegetation and large- Habitats schematic of works corridor In Practice December 2008 7
WATER VOLE MITIGATION scale earthworks, of displacement techniques, whereby habitat in the working including the need corridor is rendered ‘unsuitable’ for water voles, to encourage to in-fill sections them to move to nearby alternatives. Prior to 2007, vegetation of redundant dyke. cutting comprised the main method of habitat manipulation Furthermore the used. Because of concerns about the effectiveness of timing of works (April vegetation cutting alone as a displacement technique (e.g. Dean to October to benefit 2003), trapping was used as an additional method to ensure from suitable ground animals had left the area subject to mitigation, whether fresh conditions) means that field signs were recorded in the area or not. Example of pre works soke dyke habitat impacts on habitat Due to the scale of the mitigation required, certain aspects of and associated plant recommended ‘best practice’ (Strachan and Moorhouse 2006) and animal life can are not routinely implemented as part of the BFAP: be considerable, indeed unacceptable, without appropriate mitigation being taken to avoid or reduce them. • Individual burrow entrances are not marked. Capture of animals post cutting indicates burrow entrances are not Water Voles generally blocked. • Vegetation is neither strimmed off to bare earth nor raked The catastrophic decline of the UK water vole Arvicola terrestris and removed, but mainly cut using excavator mounted population during the 1980s and 1990s is well documented flails. (e.g. Strachan and Moorhouse 2006). Populations have suffered primarily as a result of habitat loss and fragmentation, and • ‘Soft release’ methods are not used for relocated animals. predation by feral American mink Mustela vison. Measures to address this decline culminated in April 2008 when the • Fencing is not used due to cost, maintenance and waste species was afforded full legal protection under the Wildlife issues. and Countryside Act, 1981 (as amended). One of the main • Mitigation is undertaken from spring through to early consequences for development works resulting from the update autumn. to the legislation is that trapping of animals as part of mitigation now requires a license from Natural England. In 2006, the first year when large scale mitigation was required as part of the BFAP, more than 470 animals were captured Within the UK East Anglia is considered a stronghold for water from more than 13 km of soke dyke habitat despite vegetation vole, and increased recording effort since 1999 indicates that cutting being implemented and maintained. Animals were they remain widespread in Norfolk, with density in the Broadland relocated to alternative suitable nearby dyke habitats. area being the highest or one of the highest in Britain (Henson 2001). Habitats in Broadland which support large, apparently The significant number of animals caught during 2006 robust populations include reedbeds, the extensive grazing prompted an internal review of mitigation. Concerns included marsh dyke systems, and in the upper stretches of tidal rivers the effectiveness of vegetation removal alone in achieving reeded ronds. As part of the wider grazing marsh dyke system displacement as part of large scale mitigation, and potential soke dykes often provide important water vole habitat. welfare implications for the high numbers of animals caught. The review resulted in a modification of the approach to mitigation, most notably a concerted effort was applied to Mitigation of Impacts achieve maintained water draw down in combination with Whilst the improvement works require major earthworks, vegetation removal. Draw down is achieved by bunding discrete including the in-filling of lengths of soke dyke used by water sections of dyke and using diesel pumps to remove the water. voles, they are fundamentally important for the protection This technique was applied to more than 16 km of dyke in 2007. of the wildlife value of the wider marshes from inundation by During 2007 an undergraduate research project used radio river water that is brackish and/or eutrophic. The floodbank collars and Passive Integrated Transponder (PIT) tracking to corridor habitat (including the soke dyke) is always re-instated monitor the reaction of individual water voles to mitigation as part of the works, and scheme implementation provides implementation. Mitigation comprised vegetation cutting, the opportunity to improve habitats otherwise undergoing repeated on an as required basis, and at least two weeks succession. maintained water draw down. The project was undertaken by As one of many protected species present within the Project Ben Raybould, a student from the University of East Anglia, with area, water voles are a material consideration for design and assistance in the use of PIT tags and radio collars provided by construction. Whilst they have always been present within the Merryl Gelling, a WildCRU researcher from the University of BFAP since its commencement in 2001, the numbers found Oxford. The research was funded by the Project and the EA, within the working corridor in 2006 and 2007 were exceptional, and was based on a SSSI owned and managed by the Royal with more than 30 km of soke dyke subject to mitigation for Society for the Protection of Birds (RSPB) adjacent to the River water voles in those two years alone. Baseline surveys indicate Yare. The marshes of the site are subject to moderate intensity this will continue to be the case for the remaining works. grazing, and have an extensive water vole population present across parts of the site. As such the site provides a comparable The large scale and longevity of the Project, together with a standard for much of the BFAP project area. Project dedicated Environment Team, affords opportunities with regard to research and development of survey and mitigation Although based on a small sample size, the research techniques. The main outcomes related to water voles are demonstrated that summarised below. a proportion of Water vole mitigation: vegetation removal the resident water and dewatering of soke dyke vole population Displacement: Vegetation Cutting was displaced to and Water Draw Down nearby alternative habitat (Raybould Because of the extensive dyke system adjacent to the works 2008). Of the 30 corridor, mitigation for water voles mainly comprises the use PIT tagged animals 8 In Practice December 2008
WATER VOLE MITIGATION Water vole awaiting radio- collaring Example of soke dyke habitat one year after monitored along a 1700 m length Monitoring works completion of soke dyke, 10 of which were indicates that, radio collared, nine animals were in order to be confirmed to have dispersed to considered nearby dykes through radio tracking successful, the and recaptures. Two animals were mitigation methods trapped and actively relocated to must include: alternative nearby habitat within • thorough the marshes, one of which was vegetation subsequently recaptured at the cutting, release site a few months later. Two repeated on animals were known to have died an as required prior to mitigation commencing, basis; found by their radio collars. The fate of the remaining animals was unknown, although at least one radio collar was presumed • maintained water draw down, in conjunction with vegetation to have been removed from the site by a predator, as its signal removal, for a period of at least two weeks; and was lost entirely during the monitoring. • the presence/provision of suitable alternative habitat for Animals recorded as dispersing generally moved only relatively animals within proximity of the works corridor. short distances to nearby marsh dykes i.e. up to 300 m but mainly less than 150 m. More males than females were Tool Box Talks, Mitigation Practice Notes, Environmental Issue displaced, possibly reflecting population demographics, Posters and the regular presence of environmental staff on site territoriality and/or seasonality factors. Males generally moved to monitor works are all approaches used to ensure mitigation greater distances than females. Monitoring indicated that is successfully implemented. As it is believed that the methods animals largely remained in situ when vegetation cutting alone developed are the best available techniques suitable for use was implemented and, only when subsequent water draw down, on the BFAP, trapping is no longer used as a routine method of commenced and was maintained, did animals respond through water vole mitigation. permanent relocation. At other sites worked during 2007, more than 14 km of soke Water Vole Habitat Suitability dyke was subject to mitigation which included trapping as a final Assessments measure, after vegetation cutting and water draw down were maintained for at least two weeks. The exception was one small A Water Vole Habitat Suitability (WVHS) assessment was length of 330 m where asbestos removal resulted in the cutting developed for use as a survey tool for the BFAP during 2007. short of water draw down. In total, 33 animals were caught. The assessment is based on a method developed by Jane Harris Seventeen of these were from the 330 m length where water of Kepwick Ecological Services, a local sub-consultant regularly draw down was not maintained for the full two week period. employed by the Project. It is designed to enable a rapid assessment of habitat suitability over extensive lengths, which Field observations indicated the density of animals present can then be validated using searches for field signs at a number in 2007 was comparable to 2006. This allows comparison of sub-locations. between years of the effectiveness of displacement based on vegetation cutting alone vs. vegetation cutting and water draw The assessment considers eight separate site characteristics, down, using the number of animals trapped as a measure of based on cover, food source, burrow and nesting opportunities, animal persistence: and freedom from disturbance. Sites receive a score of 1 to 8, which relate to ‘unsuitable’, ‘sub-optimal’ and ‘optimal’ habitat Comparison of trapping numbers from water vole types. mitigation undertaken in 2006 and 2007 The main benefit of Year Length of No. of animals Animals per the use of habitat mitigation (m) caught km equivalent assessments relates Example of works corridor one year after 2006 17,280 476 27.55 to the recognition completion (new double soke dyke to left that baseline surveys of photo) 2007 14,075 33 2.34 for field signs only 2007* 13,743 16 1.16 provide a snapshot evaluation of animal (*excluding data from 330 m length where water draw down not presence at any one maintained) time, and can quickly The data indicate the number of animals caught is reduced by (within a breeding an order of magnitude when water drawn down is implemented season) become out in addition to vegetation cutting alone. When the 330 m of date. However, length where water draw down was not fully implemented is if a habitat is removed from the assessment, a greater than 95% reduction considered suitable in the number of animals caught over standardised lengths is for supporting apparent. water voles, it will generally remain suitable from one season to another i.e. a precautionary approach can be taken. Validation Whilst predation pressure will almost certainly be a factor checks can then be used to confirm the presence of field signs. affecting displaced voles, the data gained using the radio Where habitats are assessed as unsuitable, thorough checks tracking study and results from animal trapping in 2007 indicate for field signs are required prior to works commencement to a proportion of resident water voles are successfully displaced confirm animals are absent. The method can also be used to from habitats subject to development works, to establish assess habitat suitability of adjacent marsh dykes for displaced territories nearby. Such operations are likely to be considerably animals, and in post-works surveys to assess the success of less stressful for animals than trapping and forced relocation. habitat re-instatement. In Practice December 2008 9
WATER VOLE MITIGATION to develop best practice, and a pro-active workforce who enabled the mitigation to be implemented successfully over a huge scale on the ground. It is believed that the methods developed are the best available for implementation on the BFAP. The data indicate water draw down is an effective displacement tool and post works monitoring demonstrates no long term negative impacts upon water vole distribution at Example of pre and post works monitoring data (Strumpshaw and the Broadland Buckenham Marshes, River Yare) scale. Indeed an increase Experience gained using the WVHS method in 2007 and 2008 in distribution indicates habitat assessed with a score 5 or better is routinely is apparent in found to support water voles, based on validation checks for recent years. field signs. Furthermore, the method was applied to 423 sample The works points during the undergraduate research project (Raybould to date have 2008). Logistic regression analysis demonstrated a significant generated a positive relationship between habitat suitability scores and the huge dataset probability of the presence of water vole (P
INVERTEBRATE MITIGATION Site Mitigation for Invertebrates Alex Ramsay MIEEM Senior Invertebrate Ecologist, RSK Carter Ecological Which Invertebrates on a series of habitat patches which can extend over several are Likely to Require kilometres, and if the core habitat area is lost to a Mitigation? proposed development, this O will have a significant bearing ver 30, 000 invertebrate on whether the development species have been actually goes ahead. recorded from the UK and it is clear that not all species can UK BAP Species be mitigated for during site The recent review of BAP development. Mitigation plans species (Anon 2007) led to usually focus on species with the inclusion of 411 species. Floral diversity is key to retaining good bee faunas on statutory protection, currently Some of these are well-known mitigation sites 71 species. Biodiversity Action and include charismatic Photo: Alex Ramsay Plan (BAP) species are also now species such as the stag a material consideration in the beetle and a third of all British butterflies, to more obscure species of scarce and threatened species are planning process, currently an invaluable resource for the ecology such as the lacebug Physatocheila 411 species (Anon 2007). Rare and distribution of rare invertebrate smreczynskii, which is found only in old species identified in the Red orchards. Generally speaking, good species and can provide a useful Data Books (Shirt 1987, Bratton invertebrate sites will include a number starting point for developing a mitigation 1991) may also be considered of BAP species and in such cases rare scheme. Kirby (2001) and Fry and (some of which are likely to also species are also likely to be present. Lonsdale (1991) provide habitat-based management principles which can be be protected or BAP species), used in conjunction with specific ecology particularly on sites where Rare Species for target species. there is an assemblage of rare Defined as species which occur in less A decision needs to be taken regarding species that could be nationally than fifteen 10 km squares in Great best practice - ideally mitigation areas significant. Britain (Shirt 1987), the criteria for such are retained within the development, species are gradually being upgraded but if this is not possible then suitable Protected Species to IUCN threat categories which are sites for translocation will need to based on level of threat to the species in be identified. However, it should be Most protected invertebrates only Britain rather than simply on rarity. The stressed that retention of habitat within occur at one or two sites and hence advantage of this system is that it allows the development is usually the best are rarely likely to feature in the status to be assessed internationally. option. Mitigation for mammals and planning process or be affected by Recent status assessments of many other groups can require large development. However, a few species invertebrates which use the IUCN criteria areas, but for invertebrates small areas are extremely widespread but very include Foster (in press) for the water of habitat can support populations for rare and could occur wherever the beetles and Falk and Chandler (2005) for many years, although the likelihood of habitat is suitable. This includes the Nematoceran flies. success can be enhanced by connecting fairy shrimp, mole cricket and marsh areas of suitable habitat within the site. fritillary The former two species are found in flood plains, where a number What Form is the For more mobile species, maintaining a series of habitat patches within the site of housing developments have been Mitigation Likely to may be a minimum requirement. sited in recent years. For more mobile invertebrate species such as the marsh Take? Mitigation Timing fritillary, mitigation needs to cover a larger area as the species is dependent This is largely dependent upon what is known about the ecology of the Creation of new habitat for invertebrates species or assemblage present. In is not an instant process, and ideally The mole cricket can potentially occur in a mitigation site should be set up at floodplain development areas some cases the ecology is extremely well-known, but in others very little least a year before animals are moved Photo: Alex Ramsay to maximise natural colonisation. is known. Where notable species are found, repeat site surveys to study the Careful consideration should be given ecology of poorly-known species will to the location of mitigation areas, certainly add to the known information. particularly as aspect and levels of Background literature including British shading are crucial - there is little point Red Data Books for Insects (Shirt 1987) in moving insect species from flower-rich and Invertebrates other than Insects grassland on a sunny, south-facing bank (Bratton 1991), and the JNCC reviews to a shaded north-facing bank because In Practice December 2008 11
INVERTEBRATE MITIGATION kill subterranean insect larvae). and donating it to a conservation body Ideally, such areas should be to preserve a similar assemblage off monitored post-construction site. Ideally this should include a sum for to assess the species future upkeep of the site. present. If compensatory habitat is created, then it can be prepared at this Monitoring stage which would maximise Almost always regarded as an the chances of colonisation afterthought, the post-construction before existing habitat is monitoring of any invertebrate mitigation lost. This is most likely to be is crucial to determining the success of successful if mitigation areas the mitigation technique used, be that are immediately adjacent to the retention of key breeding areas for rare proposed development area so invertebrates or colonisation success of Mitigation for stag beetles could require provision of that species loss is minimised. re-created habitat. There is unfortunately partially buried logs for larvae If this is not possible then steps very little published or readily accessible Photo: Alex Ramsay should be taken to ensure that material on success (or otherwise) of plants and soil present on the invertebrate mitigation schemes due inevitably they are unlikely to survive. proposed development site are to lack of adequate post-mitigation Consideration should also be given to carefully removed to the mitigation site monitoring. This is a situation that needs when the translocation is carried out prior to construction. to be urgently addressed so that future and to the life-stage of the species being schemes can be improved or refined. At moved - in some cases eggs or larvae Medium-Term the very least a post-construction survey may be appropriate, in other cases would enable the target species to be the adult stages of the target species Mitigation identified as still present, and allow for will be more appropriate. If adults are slight changes in management if these It is crucial that appropriate are required to boost populations. moved, this should ideally be early in management is implemented for their emergence period to ensure that the mitigation site to ensure the eggs are laid in the mitigation site, translocated species continue to thrive. References although there are always exceptions Such measures could include phased Anon (2007) New UK BAP Species 2007. - female stag beetles lay a single batch planting of host plants for plant-feeding www.ukbap.org.uk/newprioritylist.aspx of eggs towards the end of the breeding species, or nectar plants for bees and season and so a later translocation may wasps. Soil disturbance in some areas Bratton J H (ed) (1991) British Red be more appropriate for this species. would provide basking and hunting sites Data Books 3: Invertebrates other than For certain species a mid-successional for a variety of species and ensures that insects. Joint Nature Conservation habitat is crucial and mitigation might parts of the sward are open to provide Committee, Peterborough. involve creation of several habitat potential future breeding habitat through Falk S J and Chandler P (2005) A review patches which will vegetate at different natural succession. The implementation of the scarce and threatened flies of rates, thereby providing a continuity of of appropriate management is necessary Great Britain. Part 2: Nematocera and future habitat. to maintain and enhance invertebrate Achiza not dealt with by Falk (1991). populations on the mitigation site. Early Moving Entire successional habitats such as grassland JNCC Species Status Report, No.2. Joint Nature Conservation Committee, Assemblages may benefit from occasional surface soil disturbance to maintain optimum habitat Peterborough. This will usually involve a more broad- conditions. Late successional habitats Fry R and Lonsdale D (1991) Habitat brush approach so that any newly- such as woodland may benefit from Conservation for Invertebrates created habitat will be suitable for enhancement of the dead-wood resource - a neglected green issue. Amateur the widest range of species possible. by provision of log piles. Entomologist’s Society, Middlesex. Specific host plants may be selectively Foster G N (in press) A review of the planted, and if swards can be moved Long-Term Mitigation scarce and threatened Coleoptera of then careful removal and replacement Great Britain, part 3. Aquatic Coleoptera. will provide a seed bank of hostplants Veteran parkland trees retained JNCC Species Status Report, No.1. and may contain eggs and larvae of in a development are of particular Joint Nature Conservation Committee, invertebrates. Particular care should be importance for saproxylic beetles Peterborough. taken to ensure that the sward is not and flies. Long-term mitigation for inverted during removal and replacement these species is crucial to maintaining Kirby P (2001) Habitat Management for on the mitigation site, as this would bury the fauna, and this will involve an Invertebrates: a practical handbook (2nd eggs and prevent development. assessment of the local age structure edition). RSPB, Sandy. of trees present and identifying gaps in Shirt D B (ed) (1987) British Red Short-Term Mitigation recruitment ages of the trees. Where these are identified then further planting Data Books 2: Insects. Joint Nature Conservation Committee, Peterborough. This usually involves careful selection of of trees to fill identified gaps will help key areas for invertebrates which can to ensure long term survival of the be retained during development. They saproxylic fauna present. Correspondence: must be adequately protected from A potential mitigation mechanism which ARamsay@rskcarterecological.co.uk construction processes including night has been only rarely applied in the UK lighting (a particular problem for moths), context (although in widespread use excessive dust (which can kill insect host in the USA) is the concept of buying plants) and soil compaction (which can areas of pristine invertebrate habitat 12 In Practice December 2008
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