Wildlife Survey

report to Perth and Kinross Countryside Trust

Ecological Walkover Survey

Auchterarder to Muthill Path

January 2019

Quality Assurance

Prepared by: Name Andrea Title Principal Ecologist Hudspeth Checked by: Name Terry Williams Title Ecologist Current Status: DRAFT FOR COMMENT Issue Date: 10/04/2019 Revision 3 number: Revision notes: Further map edits

Quality Assurance: This report has been prepared according to Aquila Ecology Quality Management System. Aquila Ecology comprises consultant ecologists who are members of appropriate professional institutions and adhere to professional codes of conduct.

Disclaimer: This report is presented to Perth and Kinross Countryside Trust in respect of the Ecological Walkover Survey and may not be used or relied on by any other person or by the client in relation to other matters not covered specifically by the scope of this report.

Notwithstanding anything to the contrary contained in the report, Aquila Ecology is obliged to exercise reasonable skill, care and diligence in the performance of the services required by Perth and Kinross Countryside Trust and shall not be liable except to the extent that it has failed to exercise reasonable skill, care and diligence, and this report shall be read and construed accordingly.

The report has been prepared by Aquila Ecology. No individual is personally liable in connection with the preparation of this report. By receiving this report and acting on it, the client or any other person accepts that no individual is personally liable whether in contract, tort or delict for breach of statutory duty or otherwise.

The material in this report has been produced for the exclusive use of Perth and Kinross Countryside Trust and shall not be distributed or made available to any other company or person without the knowledge of Aquila Ecology.

All maps based upon Ordnance Survey material are produced on behalf of Aquila Ecology and are used under Crown copyright and database rights 2019 Ordnance Survey Licence 0100031673. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

Aquila Ecology Cruachan St Fillans Crieff Perthshire PH6 2NQ

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Contents

1. Introduction ...... 4 1.1. Project Description...... 4 1.2. Legislation ...... 4 2. Surveys: Methods & Results ...... 8 2.1. Survey Personnel ...... 8 2.2. Site Location...... 8 2.3. Desk Top Study ...... 9 2.4. Field Surveys ...... 10 2.5. Survey Limitations ...... 19 2.6. Evaluation of Results ...... 20 3. Impact Assessment ...... 21 4. Mitigation & Compensation ...... 23 4.1. Introduction ...... 23 4.2. Recommended Mitigation ...... 23 4.3. Recommended Compensation ...... 25 5. References ...... 26 6. Appendix I - Photos ...... 27 7. Appendix II - Target Note Tables ...... 31 8. Appendix III – Maps from south to north ...... 34

1. Introduction

1.1. Project Description A feasibility study is being carried out on the proposed path route along an old railway track which takes its course just north of the outskirts of Auchterarder to the east of the edge of Muthill. The path is currently walkable for some more able-bodied users in places (on the road and on rural tracks), but there are some overgrown sections and some sections with barriers. The proposed project seeks to create a path where possible on field edges and to reinstate the existing path for the benefit of all users including walkers, horse riders and cyclists and is being led by Perth and Kinross Countryside Trust.

The main works will include creating a new path on field edges to connect to the current track, cutting back overhanging branches, resurfacing the current track to provide a shared use active travel path and some realignment to reduce gradients.

1.2. Legislation

EUROPEAN PROTECTED SPECIES All bat species found in the UK are European Protected Species (EPS). EPS are those which are protected by the EC Habitats and Species Directive 92/43/EEC. The Conservation (Natural Habitats, &c.) Regulations 1994 translates this European legislation into UK law. This has been amended in Scotland by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 and 2007 and the Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2008. In addition to all bat species, EPS includes; otter, wildcat and great crested newt. The regulations make it an offence to deliberately or recklessly:

• capture, injure or kill an EPS

• harass a wild animal or group of wild animals of EPS

• to disturb such an EPS while it is occupying a structure or place it uses for shelter or protection

• to disturb an EPS while it is rearing or otherwise caring for its young

• to obstruct access to a breeding site or resting place of an EPS or to otherwise deny an EPS use of a breeding site or resting place

• to disturb an EPS in a manner that is, or in circumstances which are, likely to significantly affect the local distribution or abundance of the species to which it belongs

• to disturb an EPS in a manner that is, or in circumstances which are, likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young

• to disturb such an animal while it is migrating or hibernating

It is also an offence to:

• damage or destroy a breeding site or resting place of such an animal

• keep transport, sell or exchange or offer for sale or exchange any wild animal or plant EPS or any part or derivative of one (from 1st May 2007).

In relation to protected species of animal, licences can be issued under Regulation 44 that will permit, only for specific purposes, certain actions that would otherwise be a criminal offence. Scottish Natural Heritage (SNH) is the body responsible for all EPS licensing under the Habitats Regulations (with the exception of some areas of licensing for whales and dolphins).

There is no provision for licences for development, however, under Regulation 44 (2e) of the Conservation (Natural Habitats, &c.) Regulations 1994 licences may be granted for:

• Preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment.

However, a licence will not be granted unless, importantly under 44 (3), the appropriate licensing authority is satisfied:

• That there is no satisfactory alternative; and

• That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

WILDLIFE AND COUNTRYSIDE ACT 1981 The Wildlife and Countryside Act 1981 provides protection to species and habitats. The Nature Conservation (Scotland) Act 2004 amends the Wildlife and Countryside Act 1981 in Scotland. In April 2012 the Wildlife and Natural Environments (Scotland) Act 2011 (WANE) has further amended the 1981 Act. This is in particular relation to the prevention of release and control of non-native species of animal and plant.

BIRDS All wild birds receive general protection to their nest and eggs under the Wildlife and Countryside Act 1981, as amended by the Wildlife and Natural Environment (Scotland) Act 2011. Some species receive enhanced statutory protection due to their listing in schedule 1 of the Wildlife and Countryside Act 1981. It is an offence to disturb a Schedule 1 species while it is building a nest or is in, on, or near a nest containing eggs or young.

There are obligations within the Birds Directive 1979 relating both to protection of species and maintenance of habitats. Birds on Annex 1 to the Birds Directive, regularly occurring migratory species, and birds on Schedule 1 to the Wildlife & Countryside Act are recognised in statute as requiring special conservation measures.

A number of bird species have been highlighted in non-statutory lists as priorities of Conservation Concern in the United Kingdom. This includes those listed in Birds of Conservation Concern 3: and those included on the Scottish Biodiversity List as priority species. Birds are assigned according to one of these three categories (Eaton et al. (2009):

• Red List Species - those birds whose populations or range is rapidly declining (recently or historically), and those of global conservation concern;

• Amber List Species - those birds whose populations are in moderate decline, rare breeders, internationally important and localised species and those of an unfavourable conservation status in Europe; and,

• Green List Species - those other birds occurring in the United Kingdom not included in the Red or Amber Lists above. Further details of the appraisal can be found in Eaton et al. (2009).

SCHEDULE 5 ANIMALS Enhanced protection is provided for species listed on Schedule 5, including Red Squirrel, Water Vole, Pine Marten and Freshwater Pearl Mussel. It is an offence to recklessly kill, injure or take animals listed on Schedule 5, with the exception of Water Vole. Water Voles are protected in respect of section 9(4) only (in Scotland), meaning that water vole habitat is protected, although the animals themselves are not.

It is also an offence to recklessly damage, destroy or obstruct access to any place used for shelter or breeding. Licences are available for development purposes if certain conditions are met. Licences should be applied for from SNH.

HABITATS AND PLANTS

The protection of habitats and plants of national importance is provided under the provisions of the Wildlife & Countryside Act 1981 (as amended). This designates key sites that fulfil the habitat designation criteria as Sites of Special Scientific Interest (SSSI). Certain plant species receive enhanced statutory protection under Schedule 8 of the Act.

NON-NATIVE SPECIES

The WANE Act amended and expanded Section 14 of the Wildlife and Countryside Act 1981. The 1981 Act now contains sections on the release or planting of all non-native species and the keeping, sale and notification of invasive species, in addition to provisions on Species Control Agreements and Species Control Orders. Non-native is re-defined to include native species outwith their natural range and the natural range is further defined as the location in which an animal or plant is indigenous. The ‘wild’ is also more clearly defined and there is a list of exempted land (Section 5, list 2 of Code of Practice). The WANE Act also put in place the means to introduce a new code of practice with regard to non-native species. This was done under Section 14C of the amended Wildlife and Countryside Act and came into force in July 2012. The code of practice should be referred to when dealing with any non-native animal or plants. The code outlines the law relating to native and non-native species and explains the main provisions set out in the 1981 Act. Schedule 9 has now been repealed.

PROTECTION OF BADGERS ACT 1992 The Protection of Badgers Act (1992) provides full legal protection to badgers. In Scotland, this legislation was amended by the Nature Conservation (Scotland) Act 2004 and more recently by the Wildlife and Natural Environment (Scotland) Act 2011. It is an offence to recklessly take, injure or kill a badger (or knowingly cause or permit such an offence), or destroy or cause disturbance to their setts. SNH interprets the legislation in such a way that any sett within an active badger territory is afforded

6 legal protection, whether it shows signs of recent use or not. In addition, badgers are afforded protection from cruel ill treatment. All the definition of ‘ill treatment’ has not been clearly defined; this is likely to include preventing badgers access to their setts as well as causing the loss of significant foraging resources within a badger territory. Licences are available for the disturbance or destruction of setts. SNH must be consulted prior to any works which could cause disturbance to badgers.

UK, SCOTTISH AND LOCAL BIODIVERSITY POST-2010 In October 2010, 192 governments and the European Union met in Nagoya, Aichi Province, Japan and together reached new agreement on global biodiversity. This was the ‘Strategic Plan for Biodiversity 2011-2020’ and contains five strategic goals and 20 new global targets referred to as the ‘Aichi Targets’. In the UK this translates into the ‘UK Post-2010 Biodiversity Framework’.

As a consequence of this new strategy the UK BAP partnership no longer operates. The work previously carried out by the partnership will now be focussed within each of the four countries i.e., Scotland, England, Wales and Northern Ireland. This also means that the species and habitats agreed under the UK BAP will now be superseded by each country’s own priority list.

The current SBL can be seen by following the link below. http://www.gov.scot/Topics/Environment/Wildlife-Habitats/16118/Biodiversitylist/SBL

NON-STATUTORY DESIGNATED SITES (INCLUDING LNCS) Local and district level non-statutory designations, often called Sites of Importance for Nature Conservation (SINCs) or Local Nature Conservation Sites (LNCS), may be identified by Local Planning Authorities. In addition, other sites including those managed by organisations like Royal Society for the Protection of Birds (RSPB), Scottish Wildlife Trust (SWT), National Trust for Scotland (NTS), Woodland Trust (WT) and John Muir Trust (JMT) are also considered, where relevant.

ANCIENT WOODLAND INVENTORY This is woodland listed on the Ancient and semi-natural woodland inventory (identified by the former Nature Conservancy Council and held/updated by SNH).

2. Surveys: Methods & Results

2.1. Survey Personnel Aquila Ecology was contracted to complete an Ecological Walkover Survey in September 2018.

All survey and reporting were overseen by Andrea Hudspeth. Andrea is an SNH licensed bat worker (licence number 18123), an experienced ecologist, botanist, qualified tree climber and an Associate Member of the Chartered Institute of Ecology and Environmental Management (ACIEEM). The survey was undertaken over two days on 10th November 2018 and 11th December 2018.

2.2. Site Location The path is located between Auchterarder in the southeast and Muthill in the northwest within Perth and Kinross. The path follows a route from the minor road north of Auchterarder and comes out on a minor road east of Muthill.

Figure 1: Location Map – red box indicates the existing path and survey extent.

2.3. Desk Top Study

2.3.1. Methodology A search was conducted for records of Protected Species (10 years old and less) and designated sites within a 1km radius of the survey area. The following information sources were interrogated:

• National Biodiversity Network (NBN) Atlas Scotland and author’s own data for species records.

2.3.2. Results

Protected Species A search was made for records of Pine marten Martes martes, Badger Meles meles, Red squirrel Sciurus vulgaris, Otter Lutra lutra, Beaver Castor fiber, Wildcat Felis silvestris, Great crested newt Triturus cristatus and bat species Chiroptera within the past 10 years on the NBN Gateway. The results are summarised in Table 1 below.

Table 1: NBN Data Search Results

Distance Species Data Source Grid Ref Record Dates from survey area

Pine marten The Mammal Society, National Mammal Atlas Project NN9214 April 2014 <1 km

Scottish Wildlife Trust - The Scottish Squirrel Database NN9114 June 2017 <500m Scottish Wildlife Trust - The Scottish Squirrel Database NN889166 03.09.15 <100m The Mammal Society - National Mammal Atlas Project NN895166 17.11.13 <100m Red squirrel Scottish Wildlife Trust - The Scottish Squirrel Database NN885165 01.10.11 <500m The Mammal Society - National Mammal Atlas Project NN892154 12.10.14 <500m

*protected status pending

The report author can confirm recent sightings of other protected species in the environs of Muthill and Auchterarder:

Otter – animals are frequently seen on the River Earn and its tributaries in the general area.

Birds of Prey – Osprey Pandion haliaetus nest to the north and east of Muthill.

Bats – although no recent records were located, common bat species will likely be using the path and the surrounding area for foraging if not for roosting as there are known roosts in buildings nearby.

Designated sites A search was made for designated sites within a 1km buffer on SNHi Sitelink and further information was obtained from the JNCC website.

International – Ramsar Sites

Ramsar sites are wetlands of international importance designated under the Ramsar Convention. Many Ramsar sites are also Special Protection Areas (SPAs) classified under the Conservation of Wild Birds (79/409/EEC) (The Birds Directive).

European – Natura 2000 Sites

European sites consist of Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). SPAs aim to protect the habitat of rare, threatened or migratory bird species under Council Directive of 2 April 1979 on the Conservation of Wild Birds (79/409/EEC) (The Birds Directive). SACs aim to protect rare, endangered or vulnerable habitats and species under Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats and Species Directive). The Conservation (Natural Habitats &c) Regulations 1994 (the ‘Habitats Regulations’) implement these Directives in Britain.

National Designations

SNH has a duty under the Wildlife and Countryside Act 1981, as amended, to notify any area of land which in their opinion is 'of special interest by reason of any of its flora, fauna, or geological or physiographical features'. Such areas are known as Sites of Special Scientific Interest (SSSIs).

Results

No designated sites are located within 1km of the works areas.

2.4. Field Surveys

2.4.1. Ecological Walkover Survey - Methodology The habitats within the route of the existing track and a buffer either side (where safe and permissible to do so and access allowed) were surveyed for protected species. The habitats on site and in the surrounding area were assessed for their suitability for supporting species and the field signs and actual presence of a number of native and non-native, or invasive, species were searched for. Whilst all species were considered during the survey, there was a focus on potentially sensitive species and species with enhanced protection. All habitat suitability and evidence of species was recorded, and target notes made. The details recorded include the location of features or species, a description and a 10-figure grid reference. See Appendix II for habitat and species target note tables.

Invasive non-native plant species including Japanese Knotweed Fallopia japonica, Giant Hogweed Heracleum mantegazzianum and Rhododendron Rhododendron ponticum were also searched for as well as signs of the non-native mammals Grey Squirrel Sciurus carolinensis and American Mink Neovison vison.

The main species considered as being relevant and likely to be encountered in the area and the habitats surveyed included:

• Otter; • Mink; • Red squirrel; • Pine marten; • Deer (red and roe); • Fox; • Badger;

• Common frog; • Common toad; • Slow worm; • Bats; and • Nesting birds.

2.4.2. Ecological Walkover Survey – Results

Habitats Unless marked differently (see maps), the predominant habitat along the main path was semi- improved grassland. The habitats to the immediate east and west boundaries have been target noted where notable and the habitats adjacent to each boundary have also been noted. Please refer to the habitat target note table in Appendix II and maps in Appendix III for more detail. Habitat target note numbers are prefixed with an “H”.

The habitats encountered during the survey (using the Phase 1 habitat survey classifications) mainly comprised:

• A1.1.1 Semi-natural broadleaved woodland; • A1.2.2 Conifer plantation (less than 10% broadleaved) • A1.3.2 Mixed plantation woodland • A2.1 Dense scrub; • A3.1 Scattered trees; • B2.2 Semi-improved neutral grassland (grazed); • B2.2/A2.2 Semi-improved grassland and scattered scrub mosaic; • B5 Marshy Grassland; • G1 Standing water; • J1.1 Arable; • J2.1 Intact hedge; and • J2.3 Hedge with trees.

The values of the habitats recorded were assessed using the criteria in Table 2 below and the descriptions and assessments are summarised in Table 3.

Table 2: Ecological Value Assessment Criteria

Value Criteria Examples Internationally designated sites (SPAs, SACs, RAMSAR etc.) High importance and rarity, international Qualifying feature of an internationally designated site Very High scale (European) and limited potential for substitution Groundwater Dependant Terrestrial Ecosystems (GWDTE), which are of high dependency (score 1), within 0-250m from construction activities A nationally designated site e.g. Site of Special Scientific Interest (SSSI), or a site proposed for, or considered worthy of such designation Regionally designated sites with limited potential for substitution High importance and rarity, national High scale (UK), or regional scale (Scotland) A viable area of a habitat type listed in Annex 1 of the EU with limited potential for substitution Habitats Directive or of smaller areas of such habitat which are essential to maintain the viability of a larger whole

Scottish Biodiversity List or Local BAP priority habitat of importance for the conservation of biological diversity

Significant extent of priority habitats Locally designated sites

Locally important number of a Schedule 1 and 5 species High or medium importance and rarity, Groundwater Dependent Terrestrial Ecosystems (GWDTE), Medium local or regional scale (Scotland), and which are of moderate dependency (score 2), within 0-250m limited potential for substitution from construction activities Areas of internationally or nationally important habitats which are degraded but are considered readily restored Species of national or local importance, but which are only present very infrequently or in very low numbers within the subject area

Areas of internationally or nationally important habitats which Low or medium importance and rarity, are degraded and have little or no potential for restoration Low local scale A local broad habitat type that is listed in a Local BAP because of the rarity in the locality Other species and habitats which are, in the opinion of the assessor, of note and for which mitigation measures may be required

Areas of heavily modified or managed vegetation of low Negligible/ Very low importance and rarity, local species diversity or low value as habitat to species of nature Negative scale conservation interest and common and widespread species Non-native invasive species

The following table (Table 3) describes the habitats found with their assessment value. The target note (TN) references refer to the habitat target notes found in Table 6, Appendix II and their locations can be found on the maps in Appendix III.

Table 3: Habitat Assessment

TN Assigned Habitat Description Photo Reference Ref Value There is one small stand of trees with planted Beech, Sycamore coppice and mature Oaks and another A1.1.1 Semi H3 area with self- Natural and set Birch. The Medium Broadleaved H9 small stand of Woodland woodland provides food, shelter and nesting for birds.

This habitat would not be easily replaced if lost.

Stands of closely planted conifer with less suitability for bats but still features for nesting and A1.2.2 Conifer feeding birds plantation (less and other H17, Low than 10% mammals. broadleaved) & H21 This habitat could be easily replaced if lost and is widespread.

Mature plantation woodlands with mainly broadleaved trees, but more than 10% A1.3.2 Mixed coniferous in the plantation H10, stand. Good woodland H14 & habitat for birds, Medium H20 mammals and

invertebrates.

This habitat could not be easily replaced if lost.

TN Assigned Habitat Description Photo Reference Ref Value Various stands of scrub with either woody shrubs or stands of trees such as Hawthorn less H6, than 5m tall. H13, This habitat A2.1 Dense scrub Low H18 & provides great H22 shelter, feeding and nesting habitat for small birds. The habitat could be easily replaced if lost.

Scattered trees of various age classes line the path in several areas and sometimes overhang the path. Most of the H8, trees are semi- A3.1 Scattered H12 & mature with no Low trees H15 features present for roosting bats, but they still have value for feeding and nesting birds.

This habitat would be easily replaced if lost.

The majority of the path consists of semi- improved neutral grassland. This differs to the habitat of H4 as these are all grazed B2.2 Semi- agricultural improved neutral fields with fewer H4 Low grassland species in the (grazed); sward. The habitat has value for flowering plants and therefore pollinator species where ungrazed, but it could be easily replaced if lost.

TN Assigned Habitat Description Photo Reference Ref Value The start of the path near Drumness has a higher sward with scrubby plants mixed in. It is too scattered to B2.2/A2.2 Semi- provide cover improved and nesting grassland and H16 habitat for birds, Low scattered scrub and also mosaic prevents other flowering plants from growing in the field layer. This habitat could be easily replaced if lost.

Two small areas of grassland where Soft rush dominates so the species mix is poor. Some of this B5 Marshy H7 & habitat may be Low Grassland H19 lost around N/A Caerlaverock, but it is not sizable enough to need to be replaced.

Substantial pond linked to a burn with potential to supports lots of freshwater invertebrates, fish, riparian G1 Standing mammals and waterfowl. water H11 Medium The habitat could be easily replaced, but it would take time for species to recolonise the pond.

TN Assigned Habitat Description Photo Reference Ref Value These fields had all been harvested at the time of the survey so were providing little benefit for H1 & J1.1 Arable wildlife and few Negligible H2 margins were noted. Easy to replace.

There are areas of the path with sections of managed Hawthorn hedge to provide a stock-proof boundary to the adjacent pasture. These are generally J2.1 Intact hedge H1 species-poor, Low but Hawthorn does provide berries for birds and secure shelter and nesting habitat for small birds and mammals. This habitat could be easily replaced if lost.

Some sections of the path are bordered with young hedgerow trees and woody shrubs and can only be separated from the areas of J2.3 Hedge with scrub by the trees H5 height of the Low trees. This habitat provides great shelter, feeding and nesting habitat for small birds. This habitat could be easily replaced if lost.

Summary

There are a few mature trees alongside the current track which have some potential for roosting bats and hole-nesting birds. The various stands of Hawthorn where managed as hedge and elsewhere provide good cover and nesting for small birds as well as a good source of food for a number of berry- eating bird species.

The mature conifers in the mixed woodland stands and in the coniferous plantations provide ideal nesting habitat for raptor species such as Common buzzard Buteo buteo and Sparrowhawk Accipiter nisus and for breeding Red squirrel and Pine marten, although no evidence of these mammals was found in the woodland edges surveyed.

The various areas of scrub will provide shelter and cover for mammals such as Deer, Rabbit, Otter (if near water) as well as for amphibians and reptiles. There was a lot of bird activity noted in these areas especially when interspersed with scattered trees.

Only the surface of the path had neutral grassland with some species diversity, and this will currently provide feeding ground for pollinator species, whereas the agricultural pastures either side of the path are species poor.

It is not anticipated that much habitat would be lost due to the path works, but where works will encroach on existing habitat, or where site compounds are based, work should be planned carefully to avoid the higher value habitats.

Protected Species

Only evidence of Otter was located during the survey; however, other features were located with high suitability for other species with protection.

The following table (Table 4) provides details of evidence, or suitable habitat, for species with a protected status. The target note (TN) references refer to the species target notes found in Table 7, Appendix II and their locations can be found on the maps in Appendix III. Species target notes are prefixed with an “S”.

Table 4: Protected Species findings

Species TN Ref Status Evidence Photo Reference

Otter spraint was found by the pond and nearby bridge and suitable habitat European S3, S4, S5 for resting up was Otter Protected & S7 noted by some of the Species burns.

Schedule 5 Three piles of rocks of the at the edge of the Toad, Slow Wildlife and path in three areas worm, Countryside providing ideal S5, S9 & Adder, Act 1981 hibernacula habitat S9 Newts (as for amphibians and reptiles. amended). See more photos in Appendix I.

There are two bridges and two stands of S1, S2, S6 European Bats mature Oaks with bat & S10 Protected Species roost potential. See more photos in Appendix I.

Birds

Areas with high bird activity or birds of interest were noted during the survey. It was apparent that some of the habitat present is important to winter visiting species such as Redwing Turdus iliacus and Fieldfare Turdus pilaris as well as to resident species. It is likely that some of the resident species observed in the area will stay in the area to nest in the 2019 breeding season. Details of the birds observed can be found in the bird target note below and their locations on the maps in Appendix III. The bird target notes are prefixed a “B”.

Table 5: Bird observations

TN no Eastings Northings Description Species observed Large flock of birds feeding in B1 292186 713341 Fieldfares arable field Redwing, House sparrow, Goldfinch, B2 291872 713550 Mixed flocks of birds in trees Fieldfare B3 291164 714631 Waterfowl on pond Little grebe Lots of bird activity in trees and Redwing, Fieldfare, Chaffinch, Great B4 291081 714756 scrub along path tit, Blue tit, Blackbird Flock of feeding birds in mature B5 287335 715767 Bullfinch Oaks Feeding remains of Rabbit from a B6 289565 716052 Buzzard bird of prey, probably Buzzard Lots of bird activity in Hawthorn Fieldfares, Blackbird, Mistle thrush, B7 289491 716141 scrub along the path. Goldfinch, Wren, Chaffinch. Remains of bird of prey kill on B8 289414 716513 Sparrowhawk path between houses Fieldfares, Blackbird, Mistle thrush, Lots of feeding birds in Hawthorn B9 289456 716235 Goldfinch, Wren, Great tit, Blue tit, stand Long-tailed tit Lots of bird activity on and Blackbird, House sparrow, Chaffinch, B10 289418 716554 around path and adjacent Goldfinch gardens Lots of territorial birds in the B11 289507 716701 Coal tit, Pied wagtail, Wren. woodland edge

Other species

There was some evidence of deer browsing on younger trees within woodland areas and droppings of both Red Deer and Roe Deer were found along the course of the track along with trails leading into surrounding vegetation up and down the slopes.

No protected amphibians or reptiles were recorded although it is possible that animals could be present in suitable habitat such as the piles of rocks.

There was evidence of breeding birds during the survey. A bird’s nest was noted in one of the Hawthorn trees (see photo 6 in Appendix I).

2.5. Survey Limitations As the survey was undertaken at a sub-optimal time of year for vegetation surveys, flowering plants with protected status may have been missed.

Many trees had features that appeared suitable for roosting bats from ground level however, presence could not be confirmed.

An absence of evidence does not indicate that a species is absent. Different species are more active at certain times of the year when their field signs are more numerous and can be easier to detect.

2.6. Evaluation of Results

Habitats No habitats of international importance were discovered during the survey. The mature trees will be important locally as these habitats are not easily replaced. These trees have high value for a number of bird, mammal and invertebrate species and should be retained as much as possible. Areas of scrub and scattered trees can be easily replaced, but they are currently providing good habitat for a number of species and the pond will also be important locally as this habitat is not common in the wider area.

Wildlife There was little evidence of protected species found during the survey, only sign of Otter were located.

3. Impact Assessment

3.1. Habitats It is not anticipated that any priority habitats will be directly affected by the proposed works. The habitats that may be affected by the works are generally of low value.

There will be a direct impact to the surrounding habitat during and post-construction with a net loss of habitat due to the larger footprint of the new path and likely creation of a site storage facility during works; however, post-works it is anticipated that the habitat will be restored to the original value or the value will be increased due to new planting therefore the residual impact will be positive.

The habitats within 50m of the new path should not be directly impacted during or post-construction as long as Method Statements pertaining to the management of waste, fuel and water are produced and adhered to. No residual impacts are likely.

3.2. Protected Species

Red Squirrel If present, there should be no direct impact to Red Squirrel during or post-construction as long as Method Statements pertaining to risks to wildlife are produced and adhered to. No residual impacts are foreseen.

Otter There should be no direct impact to Otter during or post-construction as long as Method Statements pertaining to risks to wildlife should be produced and adhered to. No residual impacts are foreseen.

Pine Marten If present, there should be no direct impact to Pine Marten during and post-construction as long as Method Statements pertaining to risks to wildlife are produced and adhered to. No residual impacts are foreseen.

Bats There is risk of a direct impact to bats if any of the mature trees with suitable features contain bat roosts and are felled or subject to pruning. Also, if any of the bridges along the track are to be strengthened or repaired as part of the works this could destroy roosts or disturb roosting bats. Further survey would be required.

Birds No Schedule 1 bird species will be directly impacted by the proposed works.

There is risk of a direct impact to birds if any of the trees contain active bird nests and are felled or subject to pruning. Further survey would be required.

There is the risk of indirect impacts to birds due to the loss of nesting holes if any of the mature trees with suitable features are felled or subject to pruning. With compensation the indirect impact to breeding birds can be kept to a minimum and the residual impact can be neutral-positive.

Amphibians and reptiles There is the risk of a direct impact due to loss of habitat if the piles of stones located along the path are dissembled and have been used as hibernacula.

If the piles are relocated nearby the residual impact can be neutral.

Other Species There should be no direct impact to other mammals, amphibians or reptiles during or post- construction as long as Method Statements pertaining to risks to wildlife are produced and adhered to. No residual impacts are foreseen.

4. Mitigation & Compensation

4.1. Introduction This section makes recommendations in order to reduce any significant impacts, if present, or to fulfil legal obligations or to provide best practice recommendations.

4.2. Recommended Mitigation

4.2.1. General Mitigation In line with best practice, the lead contractor should identify all possible risks concerning environmental factors at the site and produce all necessary Risk Assessments, Method Statements and organise Toolbox Talks as and when deemed necessary. These should include:

• Managing risk of pollution; • Managing waste; • Managing water (to include waste water); and • Managing risks to wildlife.

Best management working practices should be implemented on site to minimise the risk of pollution incidents. Particular regard should be given to the storage of fuel and other potential pollutants on the site. Works should be undertaken in compliance with Scottish Environment Protection Agency (SEPA) Pollution Prevention Guidelines.

4.2.2. Habitats Works should be contained to a defined area on site so as not to impact on surrounding habitat.

Any habitat damaged as a result of the construction works should be re-instated post-construction.

Any habitat destroyed as a result of the construction works should be mitigated for with new plantings post-construction.

4.2.3. Wildlife

General An emergency procedure should be in place should any protected species or their resting site (e.g. bat roost, active bird nest, Badger sett, Squirrel drey) be encountered during operations. All work should cease in the area immediately and a suitably qualified ecologist should be consulted to determine any mitigation requirements i.e. suitable set-backs or buffer zones, consultation with statutory bodies and the submission of licence applications if required.

Any excavations or trenches dug more than 0.5m depth, especially those left overnight, should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape. Excavations should be backfilled as soon as possible to minimise the potential for animals to become trapped.

Any pipes left on site should be capped at the end of each working day to prevent any animals from becoming trapped.

All works should take place during daylight hours and the use of floodlights should be avoided. Many mammal and owl species are more active after dark and artificial lighting could alter their behaviour and cause unnecessary disturbance. Working after dark could also prevent roosting birds from following their natural patterns.

Badger In the event that a new Badger sett is established within the current and proposed works areas, all works in the vicinity should cease and a suitably experienced ecologist contacted to ascertain an appropriate way forward.

Pine Marten In the event that a Pine Marten den is discovered during works, all works in the vicinity should cease and a suitably experienced ecologist contacted to ascertain an appropriate way forward.

Otter In the event that a breeding Otter holt is discovered within 50m of the path works, all works in the vicinity should cease and a suitably experienced ecologist or Scottish Natural Heritage should be contacted to ascertain an appropriate way forward.

Bats Avoiding damage to existing roosts is always the preferred option. This involves taking steps to avoid killing, injury or disturbance to bats and damage to or loss of their roosts. No bat summer roosts or winter hibernation roosts have been confirmed in the works area.

Further survey should be undertaken before any trees with suitable features are felled or pruned back and if any bridges are to be worked on.

Works should be timed to avoid the main bat breeding season. The optimum time for completing works is 1st November to 1st April. There is the possibility of bats remaining in trees during the winter for hibernation.

All contractors should be alerted to the possibility of discovering bats during works. If any bats are encountered, works must stop immediately and a bat licensed ecologist, or SNH, should be contacted for advice. No bats should be handled unless it is to prevent them from harm; if a bat is moved gloves must be worn.

The use of floodlight type lighting in works areas should be avoided. Strong lighting disturbs bats and can also change the ambient temperature making an area no longer suitable. This is particularly important if any bats are hibernating.

Birds To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), vegetation clearance (including tree removal, hedgerow removal and strimming of tall ruderal vegetation) should be undertaken outside the nesting bird season (which is weather dependent but generally extends between March and September inclusive). If this is not possible then any dense vegetation, trees or earth banks that are to be removed or disturbed should be checked by an experienced ecologist for

24 nesting birds immediately prior to works commencing. If birds are found to be nesting, any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally.

Amphibians and Reptiles In the event that any amphibian or reptile species are discovered during works, all works in the vicinity should cease and a suitably experienced ecologist contacted to identify the species. In most cases, the animal can be relocated to a safe place; however, if Great Crested Newts are discovered or significant hibernacula is disturbed, SNH may need to be contacted for advice.

4.3. Recommended Compensation The following recommendations are made to suggest ways in which any habitat that will no longer be available to certain species for breeding, resting, feeding or shelter can be compensated for.

4.3.1. Habitat Replacement As some habitat may be lost as a result of the path works, it is suggested that habitat loss be compensated for with new plantings; for example, a grass and wildflower seed mix could be scattered along the edges of the new path to replace the current corridor for pollinator species.

4.3.2. Bat Boxes If any of the mature trees with the potential to support roosting bats are lost or their limbs removed, it is recommended that bat boxes be erected within other remaining mature trees nearby.

4.3.3. Bird Boxes As with bats above, if any of the mature trees with the potential to support hole nesting birds are lost or their limbs removed, it is recommended that bird boxes be erected within other remaining mature trees nearby

5. References

Collins, J. (Ed.) (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines, (3rd edition). The Bat Conservation Trust, London.

JNCC (2010 (revised)) Handbook for Phase 1 Habitat Survey – A technique for environmental audit. JNCC, Peterborough.

6. Appendix I - Photos

Photo 1: Mature oak with potential to support a number of species

Photo 2: Cracks in bridge providing roosting opportunities for bats

Photo 3: Mature tree near burn providing resting up opportunity for Otter in roots

Photo 4: Another bridge with gaps suitable for roosting bats

Photo 5: Remains of Rabbit kill

Photo 6: Old bird’s nest

Photo 7: Piles of rocks with hibernacula potential

Photo 8: Bank with resting up opportunities for Otter

7. Appendix II - Target Note Tables

Table 6: Habitat Target Notes (from the south end to the north end)

TN No Eastings Northings Description Habitat

H1 292381 713114 Managed hawthorn hedge J2.1 H1 291794 714003 Arable field J1.1 H2 292092 713538 Arable field J1.1 H2 292523 713262 Arable field J1.1 H2 289635 716551 Arable field J1.1 Small stand of trees with ash and sycamore H3 291869 713548 coppice, planted beech saplings and mature A1.1.1 oaks H4 291618 713663 Grazed pasture B2.2 H4 291439 214007 Grazed pasture B2.2 H4 291622 214251 Grazed pasture B2.2 H4 291058 714559 Grazed pasture B2.2 H4 291176 714790 Grazed pasture B2.2 H4 289871 715877 Grazed pasture B2.2 H4 289561 715781 Grazed pasture B2.2 H4 289627 716353 Grazed pasture B2.2 H4 289304 716340 Grazed pasture B2.2 H4 288567 717617 Grazed pasture B2.2 Unmanaged hedgerow with Rowan, Hawthorn H5 291660 713797 J2.3 and Dog rose. H6 291558 713916 Willow car woodland A2.1 H7 291622 214185 Wet grassland with soft rushes B5 Scattered trees along path with Ash, Oak and H8 291523 714138 A3.1 Willow Mature stand of birch trees overhanging the H9 291442 214302 A1.1.1 path Mixed plantation woodland with Beech, Birch, H10 291430 714459 A1.3.2 Elm and some large conifers Mixed plantation woodland with Beech, Birch, H10 291349 714371 A1.3.2 Elm and some large conifers H11 291165 714619 Pond G1 Scattered mature Ash, Beech and Hawthorn H12 291269 714539 A3.1 trees H13 291224 714641 Dense scrub of Willow and Birch A2.1 Mixed plantation woodland with Birch, Ash, H14 290906 714744 A1.3.2 Beech, Pines and Spruce. Mixed plantation woodland with Birch, Ash, H14 288306 717544 A1.3.2 Beech, Pines and Spruce. Mixed plantation woodland with Birch, Ash, H14 288372 717669 A1.3.2 Beech, Pines and Spruce. Stand of scattered trees either side of the path H15 290424 715149 A3.1 on sidings overhanging the path

TN No Eastings Northings Description Habitat

Path with semi-improved grassland species and H16 290602 714803 B2.2/A2.2 scattered scrub Path with semi-improved grassland species and H16 289618 715917 B2.2/A2.2 scattered scrub Conifer plantation with less than 10% H17 289628 716058 A1.2.2 broadleaved trees. Sitka spruce dominant. H18 289456 716235 Stand of mature Hawthorn A2.1 Wet grassland with Soft rush, Horsetail and H19 289471 716718 B5 Tufted hair-grass Mixed plantation woodland with Pines, Beech, H20 289603 716741 A1.3.2 Oak and Birch Large stand of conifer plantation woodland H21 289125 716968 A1.2.2 with Scot's pine and Larch H22 289142 717154 Area of scrub with Bracken, Gorse and Broom A2.1 Wet and mossy underfoot with overhanging H23 288461 717502 A3.1 trees

Table 7: Species Target Notes (from the south end to the north end)

TN No Eastings Northings Description Species

Bridge with gaps in stonework with bat roost S1 291586 713923 Bats potential Old bridge with gaps in the stonework with bat S2 291348 714426 Bats roost potential

S3 291206 714603 Spraint and trails from pond to path Otter

S4 291140 714703 Spraint on stonework of bridge next to the burn Otter

Toad, Slow Pile of stones/rubble with potential for worm, S5 291116 714716 hibernating amphibians and reptiles Adder, Newts Culvert under the path with tracks leading up to S6 289760 715726 path, scat with Hawthorn pips in. Piles of cut Otter Hawthorn on banks providing resting up sites. Small stand of mature Oaks with bat roost S7 287335 715767 Bats potential No field signs, but banks have resting up S8 289560 716005 Otter potential

Toad, Slow Pile of stones/rubble with potential for worm, S9 289487 716154 hibernating amphibians and reptiles Adder, Newts

TN No Eastings Northings Description Species

Toad, Slow Pile of stones/rubble with potential for worm, S10 289420 716380 hibernating amphibians and reptiles Adder, Newts Line of mature trees to the northern woodland S11 289484 716809 Bats edge with bat roost potential

8. Appendix III – Maps from south to north

Figure 2: South section near East Hill, West Third and East Third

Figure 3: Section east of Mains of Tullibardine

Figure 4: South section towards Farmton in the north

Figure 5: Section from Drumness in the south towards Caerlaverock in the north

Figure 6: Section around Caerlaverock

Figure 7: North end section along Pirnhill Plantation to Tigh Bhan