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Appendix E Habitats Risk Assessment

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Appendix E Habitats Risk Assessment North Tees Remediation Limited Reclamation Pond – Phase 4 Waste Recovery Plan March 2019 Appendix E Habitats Risk Assessment HABITAT REGULATIONS ASSESSMENT REPORT 119300 RECLAMATION POND PHASE 4 DEVELOPMENT - HABITAT REGULATIONS ASSESSMENT FINAL FOR CLIENT 28 JANUARY 2019 SWECO UK LIMITED CHRIS RODGER, SENIOR ECOLOGIST Sweco Change list VER. DATE STATUS REVIEWED APPROVED 1 06.11.2018 FOR COMMENT CH KR 2 03.01.2019 FINAL REPORT CH SL 2.1 28.01.2019 FINAL REPORT V2 CH SL Summary This Habitats Regulations Assessment (HRA) is undertaken by Sweco UK Ltd on behalf of North Tees Remediation Limited, who are developing Phase 4 of the Reclamation Pond, Huntsman Drive, Port Clarence, Stockton-on-Tees (‘the site’). The HRA is in support of the developer’s application for a bespoke Environmental Permit for these works The HRA process must be applied before a plan or project which may affect a European site can be lawfully undertaken or authorised. The European sites assessed for effects in this HRA are: • Teesmouth and Cleveland Coast Special Protection Area and Ramsar site; and • Teesmouth and Cleveland Coast potential Special Protection Area and Ramsar site. The HRA presented here undertakes the Stage One Screening, where designated features and conservation objectives of the European sites are assessed for Likely Significant Effects (LSE). Where these effects cannot be excluded, further assessment is required. Stage Two: appropriate assessment (AA), to be undertaken by a competent authority. This report provides the detail required to inform the AA stage of the HRA. For both sites, a proportion of qualifying interests are screened-out at Stage One, following a conclusion of No Likely Significant Effects (LSE) before mitigation. Those interests where LSE is concluded (in the absence of mitigation measures) are taken forward for AA. The Information to inform the AA section describes the mitigation measures that will be put in place. These measures are designed to ensure there are no significant effects affecting the integrity of the European sites (designated species and their habitats). Table of contents 1 Introduction 1 1.1 Habitats Regulations Assessment 1 1.2 Report Structure 3 2 Background to the Development 3 3 Description of the Development 4 3.1 Proposed Development 4 3.2 The Site in relation to European Sites 7 3.3 Ecological and Hydrological Connectivity of the Site in Relation to European Sites 8 4 HRA Methodology 9 4.1 Introduction 9 4.2 Assessment Methodology 9 4.3 Mechanism for Identification of European Sites 10 5 HRA Screening: European Sites with Potential Effects 11 5.1 Identification of European Sites 11 5.2 Teesmouth and Cleveland Coast SPA and Ramsar 11 5.2.1 Designated Features: SPA 12 5.2.2 Designated Features: Ramsar 13 5.2.3 Associated SSSI 14 5.2.4 Conservation Objectives for SPA Interest Features 14 5.2.5 Site Vulnerability 15 5.3 Teesmouth and Cleveland Coast Potential SPA and Ramsar 15 6 HRA Screening: Potential Effects on European Sites 18 6.1 Teesmouth and Cleveland Coast SPA / Ramsar 18 6.1.1 Assessment of Direct Effects on Qualifying Features (bird species) 18 6.1.2 Assessment of Indirect Effects on SPA Habitats 22 6.2 Teesmouth and Cleveland Coast pSPA / Ramsar 23 6.2.1 Assessment of Direct Effects on Qualifying Features (bird species) 24 6.2.2 Assessment of Indirect Effects on pSPA/Ramsar Habitats 26 6.3 Cumulative Effects of Other Plans/Projects 26 7 HRA Screening: Conclusion 28 8 Information to Inform Appropriate Assessment 29 8.1 Introduction 29 8.2 Methodology 29 8.3 Avoidance and Mitigation Measures 29 8.3.1 Accidental Spillages 30 8.3.2 Run-off (silt) 30 8.3.3 Dust / particulates 30 9 Conclusions 31 10 Appendix A: Figures 32 11 Appendix B: Site Photographs 36 1 Introduction Sweco UK Ltd has been appointed by North Tees Remediation Limited to undertake a Habitat Regulations Assessment (HRA) for as part of the Environmental Permit Application for the infilling of Phase 4 of Reclamation Pond, Huntsman Drive, Stockton-On-Tees. This HRA specifically relates to the activities outlined in the Environmental Permit Application, and in particular the Waste Recovery Plan (WRP)1 for the infilling of Phase 4 (hereafter referred to as ‘the site’) of the reclamation pond site to form a similar development platform to the adjacent Phases 1 – 3 which were completed in 2010. The site is located approximately 6km east west of Billingham, at National Grid Reference NZ 520 231. The location is shown in Figure 1 (Appendix A). 1.1 Habitats Regulations Assessment This document provides the information required for the competent authority to meet statutory duties and responsibilities as defined in the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’), which transpose the European Habitats Directive 1992 and the Wild Birds Directive 2009 (’the Directives’) into English law. Under Regulation 61(1) of the Conservation of Habitats and Species Regulations 2017: ‘a competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which: • is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and • is not directly connected with or necessary to the management of that site, must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives.’ For the purpose of this assessment, European sites are taken to include sites designated under the Habitats Directive (92/43/EEC) and are sites that have been adopted by the European Commission and formally designated by the government of each country in whose territory the site lies. The European sites are: • Special Areas of Conservation (SAC) - Habitats Directive (92/43/EEC). These sites are selected to conserve rare and vulnerable animals, plants and habitats (excluding birds) that are listed in Annexes I and II of the Directive (as amended). • Special Protection Areas (SPA) - Birds Directive (79/409/EEC). Aim to safeguard bird species and populations that are listed in Annexes I and II of the Directive. 1 Reclamation Pond – Phase 4 Development. Waste Recovery Plan. North Tees Remediation Ltd. January 2019 1 The requirement in England for an HRA also applies to the following sites: • Proposed Special Area of Conservation (pSAC) - These are sites undergoing public consultation prior to a decision on whether to formally submit it to the European Commission. • Candidate Special Area of Conservation (cSAC) - site which has been formally submitted to the European Commission following consultation, but not yet formally adopted by them. • Sites of Community Importance (SCI) - sites that have been adopted by the European Commission but not yet formally designated by the government of each country. (Once a site has been adopted as a SCI, it must be designated as a SAC as soon as possible and within six years at the most). • Potential Special Protection Area (pSPA) – sites that are treated as if formally classified. The Government has initiated public consultation on the scientific case for classification as a SPA. • Ramsar Sites - Wetlands of International Importance designated under the Ramsar Convention. • Proposed Ramsar Sites. The purpose of the assessments is to: • Describe the development • Describe avoidance/mitigation measures*; • Provide information on the ecological interests and features of the potentially affected European sites; • Describe the likely nature and scale of the impacts on the European sites from the development and any likely in-combination effects with other plans and/or projects; and • Consider the results to allow a decision on the information in this statement to be made by the Competent Authority. *A precedent has been set by a decision made by the Court of Justice of the European Union (CJEU) People Over Wind and Sweetman v Coillte Teoranta (C-323/17). The CJEU issued a judgement which ruled that Article 6(3) of the Habitats Directive must be interpreted as meaning that mitigation measures (referred to in the judgment as measures which are intended to avoid or reduce effects) should be assessed within the framework of an appropriate assessment (AA) and that it is not permissible to take account of measures intended to avoid or reduce the harmful effects of the plan or project on a European site at the Screening stage. Therefore, this document contains a Screening Report which does not take into account mitigation measures. The Stage Two: Information to inform AA section describes the mitigation measures that will be put in place to ensure no adverse effects on site integrity. This is intended to provide the competent authority with sufficient information to undertake an AA. 2 1.2 Report Structure This HRA comprises the following sections: • Section 1: Introduction • Section 2: Background to the Development • Section 3: Description of the Development • Section 4: HRA Methodology • Section 5: HRA Screening: European Sites with Potential Effects Description of sites European site subject to HRA. Description of sites, conservation objectives and vulnerabilities. • Section 6: HRA Screening: Potential Effects on European Sites Description of potential effects and assessment of whether subject to Likely Significant Effects. Identification of potential pathways for impacts from the development, Assessment of significance of potential impacts. Within this section consideration is given to other plans in the area which might lead to an ‘in combination’ effect. • Section 7: HRA Screening: Conclusion Establishes whether an appropriate assessment is considered necessary, with rationale. • Section 8: Information to inform Appropriate Assessment Provides information sufficient for the competent authority to make an Appropriate assessment on the proposed development. Includes information on the mitigation measures that will be employed. • Section 9: Conclusions 2 Background to the Development The infilling of Phase 4 is the final phase of works to reclaim 66ha of land and industrial reservoir/balancing pond known as the Reclamation Pond, adjacent to North Tees Works, Huntsman Drive.
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