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Habitat Regulations Assessment No Significant Effects Report (NSER)

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Habitat Regulations Assessment No Significant Effects Report (NSER) 5.4A Habitat Regulations Assessment Habitat Regulations NSER Brechfa Forest Connection Development Consent Order Application - Reference EN020016 Habitat Regulations Assessment No Significant Effects Report (NSER) December 2015 Regulation 5(2)(g) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 HRA NSER Report Contents 1 Habitat Regulations Assessment – No Significant Effects Report (NSER) 3 1.1 Introduction 3 1.2 Designated Sites 6 1.3 Assessment of Likely Effects 10 1.4 In Combination Effects 23 1.5 Screening Matrices 28 1.6 References 28 1.7 Figures 29 Tables Table 1: Summary of Relevant Ecology Desk Study Sources Figures Figure 1: The Proposed Development and Afon Tywi and Carmarthen Bay SACs Figure 2: Otter Survey Results Annexes Annex A: Consultation responses Annex B: Screening Matrices Annex C: Citations Annex D: Conservation Objectives for Afon Tywi (River Towy) SAC Annex E: Conservation Objectives for Carmarthen Bay and Estuaries SAC Annex F: Frac-Out Risk Assessment 2 HRA NSER Report 1 Habitat Regulations Assessment – No Significant Effects Report (NSER) 1.1 Introduction 1.1.1 The Proposed Development is a 132 kV electrical connection to connect Brechfa Forest West Wind Farm at Brechfa Forest, Carmarthenshire to a suitable connection point on an existing tower line near Llandyfaelog, south of Carmarthen. It is a Nationally Significant Infrastructure Project (NSIP). 1.1.2 The Proposed Development crosses the Afon Tywi SAC (River Towy) near to Carmarthen. The Carmarthen Bay and Estuaries SAC is 7.35km downstream of this crossing point (following the river’s course as indicated on Figure 1). The closest pole is 1.79 km east of the Carmarthen Bay and Estuaries SAC; this is also shown on Figure 1. Under the Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations) these qualify as Natura 2000 sites (often called European sites). 1.1.3 The competent authority (decision-maker) for the Proposed Development is the Secretary of State for Energy and Climate Change, who will decide whether to grant a Development Consent Order (DCO) for the project. Paragraph 4.3.1 of the Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations) states that the decision-maker must consider whether the project will have significant effects on a European site or any site to which the same protection is applied, either alone or in combination with other plans or projects. 1.1.4 The procedure for undertaking HRA for NSIPs is explained in Advice Note 10 Table 1, issued by the Planning Inspectorate (PINS) in August 2013, which specifies that the following activities should be undertaken during Stage 1: Screening: . Applicant undertakes HRA and concludes likely significant effect (LSE) of project on any European site(s), and consults with statutory consultees – this current document concludes the LSE and a copy of the consultation 3 HRA NSER Report responses from Natural Resources Wales (NRW), Carmarthen County Council (CCC) and the Planning Inspectorate (PINs) are provided in Annex A. Applicant prepares and consults on Screening Matrices and, if applicable, Integrity Matrices – the Screening Matrices are presented in Annex B. Applicant prepares draft NSER or HRA Report and submits to Planning Inspectorate (PINs) and statutory nature conservation bodies (SNCBs) for comment – a copy of the comments received from NRW, CCC and PINs are provided in Annex A. 1.1.5 A meeting was held between Western Power Distribution (WPD), RSK and NRW on 2 October 2014 to discuss the proposed crossing methods for the Afon Tywi (River Towy) SAC and the requirements of the HRA. Specialists from NRW attended including a fish expert and the designated sites officer. A prior meeting was held between WPD, RSK and NRW (species licensing team) on 19 September 2014 to discuss European Protected Species issues. The minutes of both meetings were combined in a table for ease. A copy of the minutes from these meetings is provided in Annex A. 1.1.6 It was agreed in the 2 October 2014 meeting that the Carmarthen Bay and Estuaries SAC should be considered within the study area, as it is hydrologically connected to the Afon Tywi (River Towy) SAC. It was agreed that no other SACs required consideration. It was also agreed that there was no shad spawning habitat within or close to the proposed crossing point. Confirmation of this agreement with NRW is provided in Annex A. 1.1.7 Protected species and habitat records were requested from a number of sources, which are listed in Table 1. 4 HRA NSER Report Table 1 – Summary of Relevant Ecology Desk Study Sources Organisation Contact and information provided Natural Resources Internet search included: Wales (NRW) • Statutory designated site GIS layers • Statutory designated site citations Jonathan Rothwell, Terrestrial Mapping Specialist. Information included: • Phase 1 habitat GIS layers Huw Williams, District Team Leader. Information included: • Protected and notable species records • Information of important habitats West Wales Vicky Swann, Senior Data Enquiries Officer. Biodiversity Information included: Information Centre • Protected and notable species records (WWBIC) • Non-statutory designated site locations • Non-statutory designated site citations National Internet search for specific species records in Biodiversity the region Network (NBN) Natural Resources Steven Pocock, Forestry Officer. Information Wales (NRW) / included: • Ancient Woodland Inventory GIS layers • Protected and notable species records Carmarthenshire Internet search included: County Council • Carmarthenshire Local Biodiversity (CCC) Action Plan Richard Jones, Planning Officer. Information included: • Protected and notable species records • Information on important habitats Joint Nature Full citations for SACs Conservation Committee (JNCC) 1.1.8 Ecological surveys were undertaken between January 2013 and October 2014 by RSK. Detailed otter surveys were undertaken during September and October 2014. A number of watercourses were surveyed for otter including the Afon Tywi (River 5 HRA NSER Report Towy) SAC and adjacent tributaries crossed by the Proposed Development (see Figure 2 for survey locations). The detailed otter surveys involved a systematic search 100m upstream and downstream of all crossing points associated with the Proposed Development, recording any field signs encountered. Field signs include spraints (droppings), footprints, slides, paths, feeding evidence, holts (underground resting places) or couches (temporary resting places). 1.2 Designated Sites 1.2.1 The following designated sites were assessed due to their proximity to the Proposed Development, or, in the case of the Carmarthen Bay and Estuaries SAC, due to its hydrological linkage to the Proposed Development. The European site citations (taken from the JNCC website) are provided in Annex C. Afon Tywi (River Towy) SAC 1.2.2 Otter (Lutra lutra) and twaite shad (Alosa fallax) are both Annex II species and the primary reason for the selection of this site as an SAC. 1.2.3 Additional qualifying features of the site are the presence of five other fish species of conservation significance. These features are not a primary reason for the designation: . Sea lamprey (Petromyzon marinus) . Brook lamprey (Lampetra planeri); . River lamprey (Lampetra fluviatilis), . Allis shad (Alosa alosa), and . Bullhead (Cottus gobio). 1.2.4 There are no other known reasons for designation, i.e. presence of Annex I habitats etc. 1.2.5 The presence of otter spraints and footprints on the Afon Twyi (River Towy) and its 6 HRA NSER Report tributaries during field surveys in 2014 showed that otters are present in this area, although no confirmed holts or potential resting places were recorded. The area is likely to be used for commuting and foraging only. 1.2.6 Full details are provided in the Environmental Statement Appendix 10.6 Otter and Water Vole Technical Report Volume 6.4. 1.2.7 These findings support the information provided in the citation which states that “few known [otter] breeding sites occur on the main river”. 1.2.8 Detailed fish surveys were not carried out by WPD on the Afon Tywi (River Towy) SAC or its tributaries, however during ecological scoping surveys it was confirmed that the proposed crossing points are within the tidal section of the Afon Tywi (River Towy) SAC. As the affected sections of the river and its tributaries are tidal there is no suitable spawning habitat for twaite shad (although the species will migrate through the affected sections). 1.2.9 During a meeting on 2 October 2014 (see Annex A for meeting minutes) NRW confirmed that spawning grounds are not present at the proposed crossing points which is within the tidal section of the river. It was also confirmed that the main migration period for twaite shad on the Afon Tywi (River Towy) SAC is between April and June. 1.2.10 The conservation objectives for the Afon Tywi (River Towy) SAC are summarised below. The document can be viewed in full in Annex D: . unmodified ecological and hydrological processes and characteristics should be maintained as far as possible, or restored where necessary; . the ecological status of the water environment should be sufficient to maintain a stable or increasing population of each feature; . flow regime, water quality and physical habitat should be maintained in, or restored as far as possible, to a near-natural state; . all known breeding, spawning or nursery sites of species featured should be 7 HRA NSER Report maintained as suitable habitat; . flows, water quality, substrate quality and quantity at fish spawning sites and nursery areas will not be depleted by abstraction, discharges, engineering or gravel extraction activities; . the river platform and profile should be predominantly unmodified; . river habitat SSSI features should be in favourable condition; . artificial factors impacting on the capability of each species feature to occupy the full extent of its natural range should be modified where necessary to allow passage; . natural factors which may limit the natural range of a species feature should not be modified; .
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