Phase One Habitat Survey and Scoping Survey for European Protected Species at Energy Coast Business Park, Haile,

Assessment to identify habitats of conservation importance and potential for protected species in relation to a planning application for proposed mine spoil re- profiling for a proposed commercial development

Report for: G&AM Lawson Ltd

June 2016

To complete the objectives stated in this report, it was necessary for OpenSpace to base our conclusions on the best information available during the period of the project and within the limits prescribed by our client in the agreement.

No investigative method can completely eliminate the possibility of obtaining partially imprecise or incomplete information. We therefore cannot guarantee that the investigations fully identified the degree or extent of e.g. species presence or habitat management efficacy described in this report.

Document Information

Client: G&AM Lawson Ltd

Address: Whinbank Farm Distington CA14 4QH

Project: Energy Coast Business Park Surveys

Document Ref: OP-ECBPHaile–SCS98v1

Report Date: June 2016

Author(s): Patryk Gruba

Report QA Victoria Griffin

Report Revisions Rev Comment Checked Approved Date 1 Draft PG PG 16-12-2015 2 Draft QA VG VG 31-03-2016 3 Final Draft PG PG 13-05-2016 4 Final Report PG PG 15-06-2016

OpenSpace, Ecological, Landscape & Tree Consultants The Stables, Great Orton, , Cumbria, CA5 6NA Tel/Fax: 01228 711841. Email: [email protected] Web: www.openspace.gb.com

ECBP Phase One-Scoping Survey G&AM Lawson Ltd June 2016

CONTENTS

PHASE ONE HABITAT SURVEY AND SCOPING SURVEY FOR EUROPEAN PROTECTED SPECIES AT ENERGY COAST BUSINESS PARK, HAILE, CUMBRIA ...... 1 1 PROJECT BACKGROUND ...... 1 2 SCOPE OF SURVEY ...... 3 3 SURVEY METHODOLOGY ...... 3 4 RESULTS AND ASSESSMENT ...... 6 4.1 Site Location ...... 6 4.2 Internationally and Nationally Designated Sites ...... 6 4.3 Data Search ...... 7 4.4 Habitats ...... 8 4.5 European Protected Species / Species of Conservation Concern ...... 11

5 RECOMMENDATIONS ...... 17 5.1 Internationally and Nationally Designated Sites ...... 17 5.2 Habitats ...... 17 5.3 Invasive Species...... 20 5.4 European Protected Species / Species of Conservation Concern ...... 21 5.5 Good Practice & Harm Avoidance ...... 23

6 SUMMARY ...... 24 7 REFERENCES/BIBLIOGRAPHY ...... 25 8 APPENDIX ONE: Photos ...... 27 9 APPENDIX THREE: Species Status ...... 28 10 APPENDIX FOUR: Phase 1 Habitat Map – Field Survey ...... 29

FIGURES Figure 1.1. Existing site and survey area ...... 1 Figure 1.2. Proposed site layout showing development footprint (bottom of the re-profiled bund – red line) ...... 2 Figure 3.1. Aerial map of the site (showing field survey area and adjacent land) ...... 5 Figure 3.2. Aerial map showing land within 2km of site ...... 5

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Phase One Habitat Survey and Scoping Survey for European Protected Species at Energy Coast Business Park, Haile, Cumbria

1 PROJECT BACKGROUND The general walkover survey has been commissioned by G&AM Lawson Ltd to provide general ecological information to support a planning application for a proposed commercial development within the Energy Coast Business Park / Beckermet Industrial Estate grounds, Haile, Cumbria. The proposed outline plans include mine spoil re-profiling and extension to the existing industrial estate.

To assess any potential impact from the proposed works a Phase One Habitat and European Protected Species (EPS) scoping survey has been undertaken. This aims to provide information on the presence of important habitats and the presence and/or the potential for EPS or other species of principal importance present on site. There may be a requirement to identify further survey work.

To ensure no offence is committed by disturbing protected species or disturbing other species of conservation concern while undertaking new construction projects, the survey examined evidence for a number of wildlife species with special protection from death, injury or disturbance.

These are species listed under Schedule five and seven of the Wildlife and Countryside Act, 1981 (as amended) and subsequent updates, and the Conservation (Natural Habitats, & c.) Regulations 2010 (as amended).

The site was also assessed for other species with protection and interest, such those listed under Section 41 (S41) of the Natural Environment and Rural Communities (NERC) Act 2006. This recognises UK BAP species to be of principal importance for the conservation of biodiversity and includes reptiles, invertebrates and breeding birds (including species under the EC Birds Directive).

Any species or habitat under the EC Birds or Habitats Directive are also covered by the Environmental Liability Regulations 2009, whereby operators are required to take preventative action in cases of imminent threat of environment damage, and to remedy environmental damage that they have caused. These Regulations apply in relation to:

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(a) damage to protected species and natural habitats if: (i) it has significant adverse effects on reaching or maintaining the favourable conservation status of the protected species or natural habitat; and (ii) it is caused by an activity listed in Schedule 1 or by the fault or negligence of an operator whilst carrying on any other activity.

This would include species such as all bat species, otter, salmon, birds such as merlin, hen harrier and kingfisher and habitats such as dry and wet heath and blanket bog.

See Appendix 2 for additional information on wildlife legislation and species status.

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Figure 1.1. Existing site and survey area

Survey area

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Figure 1.2. Proposed site layout showing development footprint (bottom of the re-profiled bund – red line)

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2 SCOPE OF SURVEY The survey aims to make a reasoned judgement as to the potential use of the site and adjacent habitat by European Protected Species and other species of conservation concern. The presence of any habitats of conservation concern was also noted. From information gathered during a general walkover survey over the site, an assessment will determine the suitability of the habitat for protected species (and note the potential conservation value of any habitats). Known habitat criteria for each protected species will The outlined areas show form the basis for the assessment. the land intended for development under this This survey does not include a full ecological survey or detailed population studies. To scheme provide this information other survey techniques would be required to provide data for an informed and balanced opinion.

A separate tree and hedgerow survey was also undertaken, see OpenSpace Tree Report (OpenSpace, 2016).

3 SURVEY METHODOLOGY The survey area incorporated the site and the site boundaries. Where possible adjacent land was assessed / surveyed (see Figures 1.1 and 3.1).

The land and habitat features within and surrounding the site were assessed for potential to support protected and important species and any signs or potential were noted. The survey method involved a visual investigation within the proposed area, site boundaries and an assessment of adjacent land, hedgerows and trees.

Areas that could not be accessed were assessed for potential by observations made during the surveys and from information gathered during the desktop study.

During a desktop study, aerial photographs and OS maps were used to look for water bodies and other features in the surrounding 500m. Natural MAGIC interactive maps was used to look for international and national designated sites within 5km from the proposed site location.

A full Phase 1 Habitat survey (JNCC, 1990) was conducted. This was undertaken in the month of November, which is towards the end of the optimal time of year. However, with

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the mild autumn, most plant species would have still been present so no key plant species would have been missed. Plant species nomenclature follows that of Stace (2010). On completion of the field survey, the field notes are generated into a final report map with final target notes (see Appendix Four for Phase 1 Habitat Map).

Data search The survey employed the services of the local biological records centre at Tullie House Museum (Cumbria Biodiversity Data Centre) to provide historical data. It must be noted that the species records are not comprehensive. Any lack of a record does not necessarily constitute an absence of a species from the surveyed area.

Timing  The survey was conducted on the 23th November 2015 between the hours of 10.15 and 13.30.

Weather conditions  Temperature 5-6°C; Wind 1-2; 100% cloud; Scattered light showers.

Personnel The survey was undertaken by Patryk Gruba, with assistance from Diane Dobson. Patryk is an experienced ecologist with over 6 years’ experience in conducting Phase One Habitat and Scoping Surveys.

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Figure 3.1. Aerial map of the site (showing field survey area and adjacent land)

Figure 3.2. Aerial map showing land within 2km of site

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4 RESULTS AND ASSESSMENT 4.1 Site Location The site proposed for work is adjacent to the northern section of the Energy Coast Business Park - Beckermet Industrial Estate grounds in West Cumbria. A steep spoil of mine waste adjoining the site from the south creates a boundary between the site and the industrial estate. Immediately to west and north there are agricultural fields predominantly used for grazing. Adjacent to the east to the site there is Kirk Beck and semi-natural broad-leaved woodland.

The village of Haile is approx. 500m east; the village of Thornhill is 1.5km west and the village of Beckermet approx. 2km south.

The town of Egremont is 2km to the northwest and the Sellafield Nuclear Fuel Reprocessing and Decommissioning Site is approx. 4km south from site. The site is 2.5km west from the western boundary of the National Park and 4km northeast from the coastline.

See Figure 3.1 and 3.2 for aerial photograph of the site and surrounds.

4.2 Internationally and Nationally Designated Sites Haile Great Wood Site of Special Scientific Interest (SSSI) southern boundary is approx 250m northeast from the site. Florence Mine SSSI and Black Moss SSSI are 1.5km and 1.7km respectively north from the site. There are no other SSSIs/SACs/SPAs & Ramsar sites within 2km radius from the proposed development site.

Other designated areas in the wider area include Low Church Moss SSSI (3km to the south), Silver Tam, Hollas and Harnsey Mosses SSSI (3km to the southwest) and Clints Quarry SSSI (4km to the northwest).

A search on Magic (Natural England interactive mapping tool) for the SSSI Impact Risk Zones shows that the site is within the impact zone of Haile Great Wood SSSI under the category Waste: ‘mechanical and biological waste treatment, inert landfill, non-hazardous landfill, hazardous landfill, household civic amenity recycling facilities construction, demolition and excavation waste, other waste management’. See recommendations in section 5.1.

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4.3 Data Search Species recorded within 2km include:  Otter Lutra lutra: eleven records, two within 1km (Kirk Beck – approx 300m northeast from site).  Badger Meles meles: 30 records, five within 1km from site (2 approx 900m southeast, 2 approx 1km southwest and one approx 1km north).  Brown hare Lepus europaeus: 40 records.  Hedgehog Erinaceus europaeus: 101 records, three within 1km from site; the nearest record from Haile Great Wood approx. 300m northeast from site.  Red squirrel Sciurus vulgaris: 67 records, 15 records within 1km; the nearest record from Haile Great Wood approx. 300m northeast from site.  Polecat Mustela putorius: one for road kill at A595 road approx 1.1km southwest from site.  Adder Vipera berus: one record from Black Moss, approx 1.8km north from site.  Slow-worm Anguis fragilis: one record from Black Moss, approx 1.8km north from site.  Common lizard Zootoca vivipara: twelve records, the nearest from Carletonmoor Woods approx. 1km north from site.  Common toad Bufo bufo: 34 records, seven within 1km from site.  Great Crested Newt Triturus cristatus: three records, the nearest from the pond near Florence Mine, approx 1.7km northwest from site.

There are 20 records for bats, 12 of which are for roosts, with six records of a maternity roost. The species records include unidentified pipistrelle bat species Pipistrelle sp., common pipistrelle Pipistrellus pipistrellus, soprano pipistrelle Pipistrellus pygmaeus, brown long-eared bat Plecotus auritus, Natterer’s bat Myotis nattereri and Daubenton’s bat Myotis daubentonii. The nearest records for bat roost are from Kirk Beck / Haile Bridge approx 200-300m away from site.

There are 30 invertebrate records for other rare, notable, scarce or protected species, (Cumbria Key Species, UKBAP Species, species under S41 of NERC, notable species and Red List species) of butterfly and moth.

The Cumbria Biodiversity Data Centre holds a number of historical records for bird species recorded in the area. These include 79 records for eleven ‘sensitive species’, 24 Red list species and 57 Amber list species

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The 'sensitivity' status refers to a breeding record for a nationally or locally sensitive species. Red List species are those that are Globally Threatened according to IUCN criteria; those whose population or range has declined rapidly in recent years; and those that have declined historically and not shown a substantial recent recovery. Amber List species are those with an unfavourable conservation status in Europe; those whose population or range has declined moderately in recent years; those whose population has declined historically but made a substantial recent recovery; rare breeders; and those with internationally important or localised populations.

4.4 Habitats The habitats recorded within the field survey area includes semi-natural broad-leaved woodland, semi-natural mixed woodland, dense and scattered scrub, scattered trees, hedgerows, semi-improved neutral grassland, marshy grassland, species-poor semi- improved grassland, bracken, tall ruderal vegetation, ephemeral / short perennial vegetation, bare ground, gravel and mine spoil. The Phase One Habitat Map in Appendix 4 shows location of the habitats on site. See Appendix 1 for Photos.

Grassland The dominant habitat recorded within the core (central) survey area comprises semi- improved neutral grassland. Patches of secondary semi-improved grassland were also mapped next to the mine waste spoil along the southern boundary.

The sward is dominated by grasses such as False Oat-grass Arrhenatherum elatius, Annual Meadow-grass Poa annua, Yorkshire Fog Holcus lanatus and Creeping Bent Agrostis stolonifera. Dominant forbs included Red Clover Trifolium pratense, Common Knapweed Centaurea nigra, Curled Dock Rumex crispus, Colt’s-foot Tussilago farfara and Ribwort Plantain Plantago lanceolata.

The other forbs recorded within the secondary grassland along near the edge of the mine spoil include Bird's-foot-trefoil Lotus corniculatus, Oxeye Daisy Leucanthemum vulgare, Self-heal Prunella vulgaris, Imperforate St John’s-wort Hypericum maculatum, Square- stalked St John's-wort Hypericum tetrapterum, Burnet-saxifrage Pimpinella saxifrage and Wild Carrot Daucus carota.

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Woodland, Trees, Scrub and Hedgerows Stands of semi-natural broadleaved woodland and semi-natural mixed woodland were mapped along the eastern edge of the survey area. These habitats follow the course of Kirk Beck. The tree species present include Ash Fraxinus excelsior, Sessile Oak Quercus petraea, Sycamore Acer pseudoplatanus, Beech Fagus sylvatica, Goat Willow Salix caprea, Alder Aldus glutinous and occasional conifers such as Scots Pine Pinus sylvestris. Shrub layers are present in places and include Hazel Corylus avellana and Hawthorn Crataegus monogyna.

Areas of dense and scattered scrub were noted along the northern boundary of the field survey area. Sections of dense scrub were also recorded within the western and southern section of the survey area. This habitat is dominated by Bramble Rubus fruticosus agg., with occasional Gorse Ulex europaeus and Hawthorn.

Hedgerows were recorded along the western and northern boundary and within the central section of the field survey area; these comprise predominantly of hawthorn. The hedgerows noted along the northern boundary and within the centre are defunct and have number of mature trees present.

For tree and hedgerow results and assessment see OpenSpace Tree and Hedgerow Survey Report (OpenSpace; 2016).

Bracken Stands of dense Bracken Pteridium aquilinum were noted within the eastern section of the field survey area and near the northern boundary.

Tall Ruderal The heaps of soil within the north-western and south-western section of the survey area is overgrown by tall ruderal vegetation. The dominant species include Common Nettle Urtica dioica, Rosebay Willowherb Chamerion angustifolium, Curled Dock Rumex crispus and Common Hogweed Heracleum sphondylium.

Invasive Species A small stand of Japanese Knotweed Fallopia japonica was noted within the southeast section of the field survey area (See Target Note 16 – Phase 1 Habitat Map in Appendix 4).

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A very small stand of Rhododendron species Rhododendron sp. was observed adjacent to the ruderal vegetation in the south-western section of the field survey area (See Target Note 19 – Phase 1 Habitat Map in Appendix 4).

Ephemeral / Short Perennial Vegetation Stands of ephemeral / short perennial vegetation were recorded at the bottom of the mine spoil – along the southern boundary of the field survey area.

Other Kirk Beck running freshwater habitat is adjacent to the east of the survey area.

Batches of bare ground / gravel were recorded along the track running through the site along the bottom of the mine spoil (southern boundary of field survey area).

Areas of bare ground, hard-standing and gravel are present throughout the site; the main section include north corner, central, and southern sections of the site.

Assessment The semi-natural broad-leaved woodland associated within the eastern section of the field survey is categorised under Priority Habitat Inventory as UKBAP Habitat for Lowland Mixed Deciduous Woodland (Magic, NE). Therefore, this habitat would be of at least moderate conservation value.

Although it was not possible to fully assess the species-richness and status of the marshy grassland on site the habitat would be categorised under the UKBAP Priority Habitat for Purple Moor-grass and Rush Pasture. However, this habitat on site is small and fragmented from other similar habitats and is, therefore, of low conservation interest. It is considered the impact of any loss of this habitat would be low with no mitigation required.

The secondary semi-improved neutral grassland habitat (Target Note 17 – Phase One Habitat Map) appears to be fairly species-rich and has some base influence. This habitat is present within the area of known history of disturbance resulting from the deposition of the mineral water and there is evidence of extraneous material / substrates added. Although this habitat has potential to be categorised under the UKBAP Priority Habitats for Open Mosaic Habitats and Previously Developed Land, it is small (approx 0.1ha) and

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fragmented. Therefore, it is considered the impact of the loss of this habitat is low with no mitigation required.

The proposed works have potential to disturb a small stand of Japanese Knotweed present within southeast section of the field survey areas. It will be necessary to ensure that this invasive species is eradicated and not spread as a result of any works. See Section 5.3 for information on control measures.

The remaining habitats on site (species poor semi-improved grassland, scrub, ruderal vegetation, ephemeral vegetation and bracken) are of low conservation value, with negligible impact in terms of vegetation and no mitigation required.

See Recommendations in Section 5.

4.5 European Protected Species / Species of Conservation Concern Great Crested Newt There are no ponds present on site and therefore no breeding potential for great crested newt (GCN) within the proposed development area. The habitat on site provides suitable conditions for foraging / commuting GCN and there were number of features (tree roots, mammal burrows, piles of brush, soil and mineral waste) that can be used for refugia / hibernacula.

There are three records for great crested newt (GCN) from the ponds 1.7km away from the proposed site. There appear to be no ponds within 500m from the site, and the habitat surrounding the site comprise predominantly of agricultural grazed fields, which are of very limited suitability for GCN. Kirk Beck fragments the site from the suitable habitat to the east.

There is no potential for great crested newt or other amphibian species to be present breeding on site. The site provides some suitable features for foraging / refuging and hibernating GCN but lack of connectivity and suitable breeding ponds within 500m radius, makes the site highly unlikely to be used by this species.

The proposed works will not impact on great crested newt populations. No mitigation is required.

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Bats There are no buildings on site. Some of the mature trees within the field survey area appeared to have features suitable for roosting bats. These predominantly include mature Ash and Oak trees within the defunct hedgerows in the centre and north east of the survey area.

The CBDC holds 20 records for bats within 2km, 12 of which were for bat roosts. The species records include unidentified pipistrelle bat species Pipistrelle sp., common pipistrelle Pipistrellus pipistrellus, soprano pipistrelle Pipistrellus pygmaeus, brown long- eared bat Plecotus auritus, Natterer’s bat Myotis nattereri and Daubenton’s bat Myotis daubentonii. The nearest records for bat roost are from Kirk Beck / Haile Bridge approx 200-300m away from site.

The habitats on site, in particular woodland edge, trees and hedgerows, offer high suitability for foraging bats and connectivity to the wider area.

Should any mature trees with bat potential be due for removal under the proposals then there may be some risk of impact to roosting bats.

Increased lighting and removal of suitable foraging/commuting habitat on site may have some potential for negative impact on local populations of foraging and commuting bats. See Recommendations in Section 5.4.

Badger There are 30 records for badger within 2km of the proposed development site, the nearest within 900m of site.

There is no obvious evidence of badger and no badger setts within the proposed footprint of the development (see outline plan Fig 1.1) or within 30m of that footprint.

The broadleaved woodland stretching along the Kirk Beck provides suitable habitat for badger. The section of the woodland adjoining the development site was briefly assessed and no evidence of badger setts was discovered. There is some connectivity to the suitable land south and north of the site.

There is no anticipated impact on badger setts or local populations.

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There may be low risk of harm to individual animals that may commute within the construction area. Adherence to good practice and avoidance measures (see Section 5.5) should reduce this risk.

Breeding Birds The woodland, trees, scrub, hedges, ruderal vegetation and unmanaged grassland habitats on site have potential to support local populations of breeding bird species.

During the site visit, there were several bird species observed active within the site; these included, carrion crow Corvus corone, herring gull Larus argentatus, blackbird Turdus merula, chaffinch Fringilla coelebs and goldfinch Carduelis carduelis.

The habitats and features present on site provide good foraging conditions suitable to support a variety of species. The unmanaged semi-improved neutral grassland and marshy grassland on site provide suitable conditions for barn owl Tyto alba to hunt.

The loss of suitable hunting habitat may have some indirect impact on local populations of barn owl / other raptor species.

There may be risk of impact on breeding birds if clearance works to scrub / bracken / hedges / trees / other vegetation are undertaken during the bird-breeding season (March-August). See Mitigation and Recommendations in Section 5.4.

Dormouse The proposed development site is not suitable for use by dormouse Muscardinus avellanarius and the hedgerows, scrub and trees present on site do not provide the extensive cover, foraging space and food source that Dormouse requires. There are no historical records for this species in the area and it is unlikely that dormouse are present on site or adjacent land.

The proposed works will not impact on dormouse, with no mitigation required.

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Otter There are six records for otter within 2km of the proposed development site. The nearest records are from Kirk Beck approx. 300m northeast from site; there are several further records along the Kirk Beck north from site.

The Kirk Beck provides suitable habitat for breeding, hunting and resting and records indicate that otter are using this habitat. The outline plans for the site (See Fig 1.1) show that this habitat will not be affected by the proposed works.

The field survey revealed that there were no otter holts, no suitable breeding features or other evidence of otter recorded within 30m from the proposed outline development footprint.

The development footprint area is suitable for use by commuting otter and there may be limited opportunity for otter ‘couches’ (rest areas) within the scrubby sections and tall grassland on site.

The proposals will not impact on any otter holts or breeding otter. Since there are records for otter in the vicinity of the proposed development site, there may be limited risk of disturbance / harm to individual otter that may investigate the site. Good practice and avoidance measures (see Section 5.5) should be employed during groundworks.

Pine Marten There are no records for pine marten within 2km from site and the proposed development site has negligible suitability for this species. There is no impact expected and no mitigation required for pine marten.

Red Squirrel Red squirrel are known to be in the general area as there are 67 records, 15 records within 1km. The nearest record is from Haile Great Wood, 350m northeast from site.

The broadleaved woodland and mature trees within defunct hedges may provide suitable features for this species to breed. No obvious signs of squirrel dreys were observed within the mature trees present on site.

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The hedgerows on site offer some foraging / commuting opportunities since they connect to other hedges, mature trees and broadleaved woodland along Kirk Beck.

Some of the mature / suitable trees on site are proposed for removal and there may be risk of impact on red squirrel if dreys are present. See Section 5.4 for recommendations.

Reptiles There are 12 records for common lizard and one record for slow-worm and adder within 2km of the proposed development site. The nearest record for reptile species is from Carletonmoor Woods approx. 1km north - this was a recent record (2012) for common lizard. The broadleaved woodland, hedgerows and scrub to the north and northeast of the site provide connectivity to the Carletonmoor Woods area.

The scrub, hedgerows, ruderal vegetation, bracken, unmanaged grassland and open gravel / mineral waste soil present within the proposed area provide opportunity for reptile species such as common lizard and slow-worm to use as refugia or hibernacula and forage, commute and bask within the site. These include piles of brash, mammal burrows, tree roots, hedgerow banks, bracken, scrub and mineral waste areas.

The habitat on site provides suitable conditions for common lizard and slow-worm. There is a risk of impact to local populations and harm to individual animals, if present on site and / or within the proposed works area. See Recommendations in Section 5.4.

Brown Hare (BAP Species) There are 40 records for brown hare within 2km from the site. The grassland habitat, woodland, hedges and scrub on site on provide suitable cover and food source for this species and the surrounding land offers some connectivity.

The likelihood of breeding brown hare being present with the proposed development area is considered low as the site is adjacent to the busy industrial estate.

There is no anticipated impact to the local brown hare populations. General awareness measures (see Section 5.5) should be adhered to reduce any risk of harm to individual animals.

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Hedgehog (BAP Species) There are 101 records for hedgehog within 2km of the proposed site, three within 1km from site. The surrounding habitat offers good connectivity for hedgehog and it is considered likely for this species to be present on site.

Dense scrub and hedgerows on site may provide some potential for breeding or nesting hedgehog. Hedgehog can be present in their nests at any time of year and are most vulnerable during the breeding season (May – September) and when hibernating during the winter months (November – March).

Mechanical scrub removal and ground clearance may harm or kill individual nesting or breeding hedgehogs present when works commence. Therefore, the works should consider that hedgehog may be present and be conducted using measures to avoid harm and / or disturbance (See Section 5.4).

Polecat (BAP Species) There is one record for polecat within 2km from site. The field survey area provided suitability for this species (ground cover and prey availability) but no signs of polecat were observed. The proposed development footprint area has limited potential for breeding polecat.

There is no significant impact expected on polecat populations and no mitigation is required.

Water Vole The dry ditch within the proposed development footprint had no water present during the survey and is not suitable for water vole. Kirk Beck may provide potential suitable habitat. However, it is considered highly unlikely that water vole is present in the area as there are no historical records (post 1980) for this species within West Cumbria

There is no expected impacts on water voles with no mitigation required

Other Protected Species As there is no fresh water habitat within the proposed development footprint area, there is no potential for white-clawed crayfish, freshwater pearl mussel, freshwater fish (river) species.

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There may be a risk of indirect impact to the Kirk Beck freshwater habitat / species from any runoff or pollution incident during or post construction.

Invertebrates The woodland, trees, hedges, scrub, grassland, ruderal vegetation and bracken provide suitable habitat for important assemblages of invertebrates. Loss of these habitats across the site may have some impact on important invertebrate populations if present.

See Appendix One for Photographs

5 RECOMMENDATIONS 5.1 Internationally and Nationally Designated Sites The Statutory Nature Conservation Organisation (Natural England) should be consulted by the LPA on likely risks from the proposed development on the Haile Great Wood SSSI.

5.2 Habitats The proposed works have potential to impact on semi-natural broad-leaved woodland UKBAP habitat, Kirk Beck fresh water habitat and other important habitats on / adjacent the proposed development area.

Therefore, it is recommended that a Construction Environmental Management Plan (CEMP) be produced to support a planning application. This document will provide details and specifications for practical measures (this will include pollution control measures) intended to avoid or minimise adverse effects on biodiversity and important habitats.

As a general recommendation, the proposed works should employ a buffer zone of at least 15m between the edge of the semi-natural broadleaved woodland and the construction area. No construction works should take place within the designated buffer zone. Any drainage works required within the buffer zone should be considered within the proposed CEMP.

For any hedge and tree removal, mitigation planting using native tree and shrub species should be put in place. See OpenSpace Tree and Hedge report for further details and

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recommendations (OpenSpace, 2016). The proposed plans indicate that an extensive tree planting will be undertaken along the re-profiled slope area.

Opportunities – Recommended Planting Scheme The proposed landscape plan to accompany a full planning application should be produced in accordance with the National Planning Policy Framework (NPPF) in order to ‘minimise impacts on biodiversity and provide net gains in biodiversity where possible...‘. The proposed landscape features need to be created in a way that they are suitable for and will be used by wildlife. The proposed landscape plan should also use UK native species from reputable sources.

The following enhancement measures are recommended:  Bird and bat boxes should be included within the scheme. These could be erected within trees on site/ incorporated to buildings design.  Provision of wildlife areas, buffer strips and corridors within the design, including features such as log piles and habitat houses for hedgehogs / bees / invertebrates.  Planting beds using species of benefit to wildlife such as nectar-rich plants.  Creating an area of wildflower meadow using appropriate UK native meadow species. The following species are suggested: o Crested Dog’s-tail Cynosurus cristatus o Sweet Vernal-grass Anthoxanthum odoratum o Common Bent Agrostis capillaris o Red Fescue Festuca rubra o Yellow Oat-grass Trisetum flavescens o Common Cat’s-ear Hypochoeris radicata o Pignut Conopodium majus o Wild Carrot Daucus carota o Burnet Saxifrage Pimpinella saxifraga o Yarrow Achillea millefolium o Ribwort Plantain Plantago lanceolata o Common Bird’s-foot Trefoil Lotus corniculatus o Selfheal Prunella vulgaris o Black Knapweed Centaurea nigra o Oxeye Daisy Leucanthemum vulgare o Meadow Vetchling Lathyrus pratensis o Common Wood-rush Luzula campestris

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o Meadow Buttercup Ranunculus acris o Yellow Rattle Rhinanthus minor o Common Spotted Orchid Dactylorhiza fuchsia  Creating a marshy grassland area using appropriate UK native meadow species. The following species are suggested: o Common Sedge Carex nigra o Carnation Sedge Carex panicea o Creeping Bent Agrostis stolonifera o Red Fescue Festuca rubra o Sweet Vernal-grass Anthoxanthum odoratum o Marsh Bedstraw Galium palustre o Greater Bird’s-foot Trefoil Lotus pedunculatus o Lesser Spearwort Ranunculus flammula o Marsh Marigold Caltha palustris o Water Forget-me-not Myosotis scorpioides o Water Avens Geum rivulare o Water Mint Mentha aquatica o Marsh Violet Viola palustris o Ragged Robin Lychnis flos-cuculi o Meadowsweet Filipendula ulmaria o Cuckooflower Cardamine pratensis  Use of native tree and shrub species in the planting scheme. This can include creating a new species-rich hedge or planting up the gaps in the defunct hedge in the north of the site if this hedge is to be retained. Ground flora species could be included such as: o Wood Avens Geum urbanum o Bluebell Hyacinthoides non-scripta o Snowdrop Galanthus nivalis o Ransoms Allium ursinum o Wood Anemone Anemone nemorosa o Common Dog-violet Viola riviniana o Foxglove Digitalis purpurea o Red Campion Silene dioica o Broad Buckler Fern Dryopteris dilatata o Male Fern Dryopteris filix-mas o Wood False-Brome Brachypodium sylvaticum

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o Wood Meadow-grass Poa nemoralis  The indicative proposals include an attenuation pond at the bottom of the bund. The pond could include a mix of emergent/edge plants, floating and submerged species, such as: o Water Mint Mentha aquatica o Water Forget-me-not Myosotis scorpioides o Branched Bur-reed Sparganium erectum o Water Plantain Alisma plantago-aquatica o Yellow Flag Iris pseudacorus o Marsh Marigold Caltha palustris o Lesser spearwort Ranunculus flammula o Spiked Water-milfoil Myriophyllum spicatum o Amphibious Bistort Persicaria amphibia o Curled Pondweed Potamogeton crispus o Rigid Hornwort Ceratophyllum demersum o Common Water-crowfoot Ranunculus aquatilis o Broad-leaved Pondweed Potamogeton natans (if a reasonable sized pond)

5.3 Invasive Species There is Japanese Knotweed present within the proposed development site (See Target Note 16 – Phase One Habitat Map). It is recommended a management plan be put in place to fully eradicate the Japanese Knotweed within the proposed development site.

It will be necessary to ensure that this invasive species is eradicated and not spread on to other land due to the proposed works.

The Infrastructure Act 2015 Part 4 Section 23 gives the relevant environmental authorities in England and Wales the power to issue species control orders. These orders will make it possible to compel landowners or occupiers to carry out control or eradication operations, or allow them to be carried out by the issuing authority. The orders may be issued only: - when it has been impossible to reach an agreement with the owner or occupier or action is urgently required, and where the plant has been identified as both “invasive” (a serious threat to biodiversity, the economy or other social or economic interests) and “non-native” or “no longer normally present in Great Britain”.

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The main source of guidance for the treatment of Japanese Knotweed within development sites is the Knotweed Code of Practice, Managing Japanese Knotweed on Development Sites (Environment Agency, 2013).

Any waste soil that may contain fragments of knotweed and/or seed that is sent for landfill either before or after any treatment, must go to a landfill that is authorised to receive it.

5.4 European Protected Species / Species of Conservation Concern Bats A preliminary bat roost assessment should be undertaken on suitable impacted by the proposed development works. This assessment aims to identify trees with potential roost features and could be undertaken at any time of year.

Following the preliminary assessment, a further survey work may be required to determine the status of each roost feature. The following methods should be used:

 Dusk emergence or dusk re-entry survey to be carried in the active season (May to September inclusive). The surveys would be carried by bat surveyors at dusk or dawn to observe if bats are utilising potential roost sites.  Climb trees and inspect. This type method of inspection can be undertaken at any time of year with the active season preferred. The tree should be climbed by a qualified person who has tree climbing training (tree surgeon etc). They would be supported/assisted from the ground by a licensed bat consultant. All the potential bat roost features should be inspected using an endoscope and activity status noted.

As the proposed works may have some potential for negative impact on local populations of foraging and commuting bats, it is recommended that a programme of bat activity surveys be conducted to accompany an application for full planning consent. The survey programme should follow Bat Survey Good Practice Guidelines (Collins, 2016) and include transect visits and automated surveys conducted between May and September

External lighting to the exterior of new dwellings should be minimal and an appropriate lighting design must be considered:  Use of energy efficient and modern security lighting - narrow spectrum lights, low pressure sodium or warm white LEDs.

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 The design of the luminaire to incorporate the use of hoods, cowls, louvers and shields to direct the light to the intended area only.  Reducing the ecological impact of the light by directing the light at a low level, preferably an angle less than 70 degrees.

Birds It is recommended that the proposed vegetation clearance works be undertaken outside of the breeding bird season and between September to end February.

Should works to clear any vegetation commence within the bird breeding season (March to August inclusive) it would be a requirement to ensure no bird nests were present. This report recommends that a thorough walkover search be undertaken by an experienced ecologist to ensure no nests are destroyed.

Any feature containing a nest must not be destroyed or disturbed until the young have fledged. The proposed site and landscape design should consider breeding birds.

Reptiles Statutory guidelines (Natural England, 2011) state a dedicated reptile survey should be conducted if the development site provides suitable habitat and there is a risk of impact on reptile species.

A presence / absence survey for reptiles should be considered and would be required to inform a full planning application.

This would consist of at least seven survey visits during March – September (omitting the warmer weather during the months of July / August and March/early April if cold weather is prevalent). The survey results would provide an impact assessment and if required a mitigation / translocation scheme. Additional survey visits could be required to allow for a population estimate and appropriate mitigation.

Red Squirrel Any mature trees proposed for removal, should be checked for squirrel dreys by a qualified ecologist prior to removal.

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Hedgehog Strimming, mechanical scrub removal and ground clearance may harm or kill individual nesting or breeding hedgehogs if present when works commence.

Any areas due for ground works with any dense ground cover should have ground level cover cleared / disturbed / removed by hand. This will reveal any nesting hedgehog or suspected nest sites. Brash, debris and log piles etc should be checked / moved / disturbed by hand prior to destructive works to allow any sheltering animal chance to be seen or anticipate disturbance and move.

Works commencing outside of the hedgehog hibernation period should allow any individual to anticipate the threat of disturbance and nest elsewhere.

Invertebrates Enhancement planting and habitat creation on site will help to minimise any impacts on important invertebrate assemblages if present on site.

5.5 Good Practice & Harm Avoidance Adherence to the following awareness measures will ensure any low risk of disturbance to individual otter, badger, red squirrel, amphibian, hedgehog or other individual animals that may be present on site during groundworks / construction is reduced:  Before clearance works commence any areas covered by dense vegetation should be disturbed by hand (or by the contractor walking over and disturbing the ground cover) to alert any animal.  Dense scrub / small trees removal should retain the stumps and vegetation at ground level – these areas should be cleared with care - following a fingertip search at least three days after the main body of the hedge has been removed.  Equipment, tools or plant associated with the development should be secured, stored away for the overnight period.  Any open pipes at the end of each working day should be capped off (or stopped) to prevent access to hedgehog and other small mammals.  All open excavations left overnight should allow any animal a means of escape if they enter the excavation. This can be achieved by placing a wooden board or plank no less than 0.5m wide and at an angle of no more than 45° or have a similar soil slope in the excavation.

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 Open excavations should be checked daily before commencing works.  All construction materials are to be stacked safely to prevent accidental collapse.  To prevent the encouragement of pests and scavengers no food wastes are to be deposited on site.  Works should, where possible, reduce working around sunrise and sunset.  During works, any lighting on site should be minimal and directed away from the surrounding habitat / hedgerows. .

6 SUMMARY A Phase 1 Habitat and scoping survey was undertaken in relation to a proposed mine spoil re-profiling for a proposed commercial development at Energy Coast Business Park, Haile.

Most of the habitats within the zone of influence of the proposed activities (small area of marshy grassland, semi improved grassland, scrub, bracken, ruderal vegetation and bare ground) are of low conservation value, with no significant impacts expected and no mitigation required.

There are also hedges and trees present on site. The results and recommendations in terms of tree and hedge protection has been provided in a separate Open Space report (OpenSpace Trees & Hedges Survey Report, 2016).

There is a small stand of Japanese Knotweed present within the field survey area . The proposed works may disturb the stand of Japanese Knotweed; it will be necessary to ensure that this invasive species is managed and not spread in accordance with current legislation.

There are habitats on site with some suitability for use by local populations of bats, breeding birds, reptiles and other protected species.

Recommendations on further survey requirements, working methodology, habitat enhancement, good practice and timing have been in Section 5 of this report.

All European protected species, species of conservation concern should be considered at all times during construction, and if individual animals are suspected or appear within the

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construction phase work must stop and further guidance to protect from harm and disturbance should be sought by contacting an approved ecologist.

This report must be made available to all contractors.

7 REFERENCES/BIBLIOGRAPHY Collins, J. (2016). 2016 Bat Surveys: Good Practice Guidelines 3rd Edition, Bat Conservation Trust

DEFRA (2002). The Hedgerow Regulations 1997. A Guide to the Law and Good Practice.

Edgar, P., Foster, J. and Baker, J. (2010). Reptile Habitat Management Handbook. Amphibian and Reptile Conservation, Bournemouth.

HMSO (1997). The Hedgerow Regulations 1997. Statutory Instrument 1997 No.1160.

HMSO (1981). Wildlife and Countryside Act 1981, Schedule One

HMSO (1994). The Conservation (Natural Habitats, &c.) Regulations 1994. Statutory Instrument 1994 No. 2716

HMSO (2007). The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007. Statutory Instrument 2007 No. 1843.

HMSO (2000). Countryside and Rights of Way Act 2000.

HMSO (1992). Protection of Badgers Act 1992.

HMSO (2006). Natural Environment and Rural Communities (NERC) Act 2006.

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

JNCC (1994). Biodiversity: The UK Action Plan

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JNCC (2003). Handbook for Phase 1 habitat survey: a technique for environmental audit (revised reprint). JNCC: Peterborough.

Kent Reptile & Amphibian Group and Kent Wildlife Trust (2003). Protected Reptiles and Built Development.

Natural England (2011) ‘Badgers and Development’ (IN75).

Natural England (2011). Reptile Mitigation Guidelines TIN102

Natural England Magic Mapping Tool (2015) http://magic.defra.gov.uk/MagicMap.asp

OpenSpace (2015). Tree Survey Report: Assessment of the Potential Impacts of a Proposed Commercial Development at Energy Coast Business Park, Haile Unpublished report.

Stace, C. (2010). New Flora of the British Isles (3rd Edition). CUP, Cambridge.

TSO (2010). The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010. Statutory Instrument 2010 No. 490.

Whitehurst, J (2001). Great Crested Newt Mitigation Guidelines. English Nature, Peterborough.

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8 APPENDIX ONE: Photos

Photo 1. Mine spoil adjacent to the Photo 2. Semi-improved neutral south of the proposed development site grassland and defunct hedge – centre of the site

Photo 3. Marshy grassland – east of the Photo 4. Semi-natural broadleaved site woodland and Kirk Beck – adjacent to the east of the site

Photo 5. Small stand of Japanese Photo 6. Species-poor semi-improved Knotweed (Target Note 17) grassland – west of the site

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9 APPENDIX THREE: Species Status

Wildlife and Protection of Cumbria Species Latin Name EC Habitats Directive UKBAP Countryside Act Badgers Act BAP

Bat species (All species) Annex IV (some Annex II) Schedule 5 X X Bullhead Cottus gobio Annex II Dormouse Muscardinus avellanarius Annex IV Schedule 5 and 6 X X Great crested newt Triturus cristatus Annex II and IV Schedule 5 X X Lamprey species Lampetra/Petromyzon Annex II X X Natterjack toad Epidalea calamita Annex IV Schedule 5 X X Otter Lutra lutra Annex II and IV Schedule 5 and 6 X X Reptile species (some Annex IV) Schedule 5 X X Salmon Salmo salar Annex II X X White-clawed crayfish Austropotamobius pallipes Annex II Schedule 5 X X Barn owl Tyto alba Schedule 1 X Pine marten Martes martes Schedule 5 and 6 X Polecat Mustela putorius Schedule 6 X Red squirrel Sciurus vulgaris Schedule 5 and 6 X X Water vole Arivicola amphibious Schedule 5 X X Badger Meles meles X Brown hare Lepus europaeus X X Common toad Bufo bufo X X Hedgehog Erinaceus europaeus X X

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10 APPENDIX FOUR: Phase 1 Habitat Map – Field Survey

N

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