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M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report June 2019 Status: A1 APPROVED - PUBLISHED Document Ref: HE551521-ATK-EBD-RP-LE-000019 M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report Notice This document and its contents have been prepared and are intended solely for Highways England’s information and use in relation to M2 Junction 5 Improvement. Atkins Limited assumes no responsibility to any other party in respect of or arising out of or in connection with this document and/or its contents. Document control The Project Manager is responsible for production of this document, based on the contributions made by his/her team existing at each Stage Document Title Volume 2 - Appendix D.8 Wintering Bird Survey Author LS Owner Camelia Lichtl Distribution Document Status A1 Revision History Version Date Description Originator Checker Reviewer Authoriser C03 21/05/2019 Final for LS AR LS HC Publication C02 09/03/19 Draft 2 for HE LS AR LS HC Review Reviewer List Name Role Environment Support Centre SES Environment Group The original format of this document is copyright to Highways England Revision C03 Page 2 of 30 M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report Table of contents Chapter Pages Appendix D. 8 Wintering Bird Survey Report 5 D.1 Introduction 5 D.2 Methodology 5 D.3 Assessment 9 D.4 Results 10 D.5 Evaluation 16 D.6 Conclusion 16 Appendix A. Summary of Relevant legislation 19 Appendix B. Kent Local Biodiversity Action Plan Species 20 Appendix C. Survey area species list and peak counts 23 Appendix D. Figures 26 Tables Table D.1: Survey dates/ times and weather conditions ................................................................................ 9 Table D.2: Relevant SPAs within 20 km of the Scheme and associated qualifying features .........................11 Table D.3: Relevant Ramsar sites within 20 km of the Scheme and associated qualifying features ..............12 Table D.4: Notable species recorded within the Survey Area .......................................................................15 Revision C03 Page 3 of 30 Appendix D.8 (Wintering Bird Survey Report) M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report Appendix D. 8 Wintering Bird Survey Report D.1 Introduction Terms of Reference D.1.1 Atkins Limited (Atkins) was commissioned by Highways England to undertake wintering bird surveys to inform the Environmental Statement (ES) for the M2 Junction 5 Improvements Scheme (hereafter referred to as ‘the Scheme’) located in Kent, approximately 10 km north east of Maidstone. Full details of the Scheme are provided in Chapter 2 of the Environmental Statement. D.1.2 The purpose of the wintering bird surveys was to collect sufficient information, such that the value of the habitats within and surrounding the Scheme for wintering birds could be assessed, and the potential impacts of the Scheme on wintering birds be fully evaluated. D.1.3 This technical appendix presents ecological information relating to the wintering bird surveys undertaken for the Scheme, including methodology, results of the desk study and field surveys, an evaluation of the nature conservation value of bird species, and details of the species assemblages present within the Survey Area. D.1.4 This report provides factual information to support the ES, which will accompany the planning application for the Scheme. Legislation D.1.5 Relevant legislation is summarised in Appendix A. D.2 Methodology Desk Study Designated Sites D.2.1 The Multi-Agency Geographic Information for the Countryside (MAGIC)1 website was used to obtain information on relevant statutory designated sites that are designated on account of their ornithological importance which may be functionally linked to the Scheme2, based on current best practice guidance 1 Multi-Agency Geographic Information for the Countryside (2018) Available at: https://magic.defra.gov.uk/MagicMap.aspx [accessed 18th December 2018] 2 Functional linkage refers to the role or ‘function’ that land or sea beyond the boundary of a European site might fulfil in terms of supporting the populations for which the site was designated or classified. Such an area of land or sea is therefore ‘linked’ to the site in question because it provides a (potentially important) role in maintaining or restoring a protected population at favourable conservation status (taken from Chapman, C. & Tyldesley, D (2016) Functional linkage: How areas that are functionally linked to European sites have been considered when they may be affected by plans and projects - a review of authoritative decisions. Natural England Commissioned Report NECR207). Revision C03 Page 5 of 30 M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report within the Design Manual for Roads and Bridges (DMRB)3 and Chartered Institute for Ecology and Environmental Management (CIEEM) guidance4. This comprises Natura 2000 sites designated for their ornithological interest, i.e. Special Protection Areas (SPAs), potential SPAs (pSPAs), Ramsar sites and proposed Ramsar sites for which the qualifying features5 could feasibly use habitats within or adjacent to the Scheme during the winter period, based on known foraging ranges and habitats of those species. D.2.2 The Natura 2000 sites with potential functional linkage to the Scheme are limited to those within the foraging range of wildfowl and waders, as there are no Natura 2000 sites designated for wintering gull species within foraging of these species. As such only Natura 2000 sites within 20 km were considered. This distance is precautionary and based on the Scottish Natural Heritage (SNH) guidance ‘Assessing Connectivity with Special Protection Areas (SPAs)’ 6 which states that ‘the core [foraging] range should be used when determining whether there is connectivity between the proposal and the qualifying interests’. The maximum core range given for wildfowl or wader species in this publication is 20 km (for greylag goose and pink-footed goose). Additional sources of information were also reviewed7, 8, 9, 10, 11 to determine the foraging ranges of species not referred to in the SNH publication. D.2.3 The MAGIC website was also used to obtain information on additional statutory designated sites such as Sites of Special Scientific Interest (SSSIs) and National Nature Reserves and designated on account of their ornithological interest within 2 km of the Scheme boundary. D.2.4 Desk study records of non-statutory designated sites and ancient woodland within 2 km of the centre of the Scheme (Grid Reference TQ 85499 62166) were requested in July 2017 from Kent and Medway Biodiversity Records Centre (KMBRC). Important habitats for wintering birds D.2.5 Satellite and overhead images and Ordnance Survey maps were reviewed in order to ascertain the presence of habitats in the vicinity of the Scheme that could support populations of wintering birds. 3 Highways Agency (1993), DMRB Volume 11, Section 4 Part 1 HD44/09 Assessment of Implications (of Highways and/or Roads Projects) on European Sites (including Appropriate Assessment) 4 CIEEM (September 2018). Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine. Chartered Institute of Ecology and Environmental Management, Winchester. 5 The qualifying features of a site taken to be those species listed on the relevant Natura 2000 Standard Data Form for SPAs, available from http://jncc.defra.gov.uk/page-1400, and on the relevant Ramsar Information Sheet for Ramsar sites, available from http://jncc.defra.gov.uk/page-1389 6 SNH (2016) Assessing Connectivity with Special Protection Areas (SPAs). Guidance. [www.snh.gov.uk/planning-and- development/renewable-energy/onshore-wind/windfarm-impacts-on-birds-guidance] 7 Johnson, W. P., P. M. Schmidt, and D. P. Taylor. 2014. Foraging flight distances of wintering ducks and geese: a review. Avian Conservation and Ecology 9(2): 2. 8 Lack, P., ed. 1986. The Atlas of Wintering Birds in Britain and Ireland. Poyser: Calton. 9 Shrubb, M. (2007) The Lapwing. T & AD Poyser 10 Cramp, S. and Simmons, K.E.L., eds. 1977. Handbook of the Birds of Europe, the Middle East and North Africa: the Birds of the Western Palearctic. Oxford University Press, Oxford. 11 Cook, A.S.C.P, Turner, D.J., Burton, N.H.K. and Wright, L.J. (2016) Tracking Curlew and Redshank on the Humber Estuary. BTO Research Report No. 688 Revision C03 Page 6 of 30 M2 Junction 5 Improvements Environmental Statement Volume 2 - Appendix D.8 Wintering Bird Survey Report Biological Records D.2.6 Records of notable12 and legally protected species of birds were requested from KMBRC (as supplied by the Kent Ornithological Society) from within 1 km of the Scheme boundary in November 2018, based on current best practice guidance13. D.2.7 The National Biodiversity Network (NBN) Atlas14 was also searched in November 2018 for records of qualifying features of relevant Natura 2000 sites present during the winter period (October to March inclusive). This was extended to within 2 km of the Scheme boundary in order to provide an indication of the use of the surrounding area by these species. D.2.8 Species of principal importance for the conservation of biodiversity listed under Section 41 of the Natural Environment & Rural Communities Act (NERC) 200615, the Red and Amber lists of Birds of Conservation Concern 4 (BoCC)16, Annex I of the Directive 2009/147/EC (the Birds Directive)17 and the Kent Local Biodiversity Action Plan (LBAP)18 were reviewed as part of the data gathering exercise to identify relevant bird species considered to be important for biodiversity at the site. The Kent Bird Report19 was reviewed to ascertain the population status of species within the county. Field Survey Defining the Survey Area D.2.9 Extended Phase 1 habitat surveys were undertaken within and adjacent to the Scheme during 2015, 2016 and 2017 by WSP, and during 2018 by Atkins.