HEIGHTS QUARRY AND PROPOSED WESTERN EXTENSION, WEARDALE,

INFORMATION TO INFORM HABITAT REGULATIONS APPROPRIATE ASSESSMENT SCREENING FOR NORTH PENNINE MOORS SPA

A Report Submitted to Aggregate Industries / Durham County Council

Middlemarch Environmental Ltd Triumph House Birmingham Road Allesley Coventry CV5 9AZ

Tel: 01676 525880 Fax: 01676 521400

E-Mail: [email protected] Web Site: www.middlemarch-environmental.com

Report Number: RT-MME-112403

August 2012

Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

HEIGHTS QUARRY AND PROPOSED WESTERN EXTENSION, WEARDALE, COUNTY DURHAM

INFORMATION TO INFORM HABITAT REGULATIONS APPROPRIATE ASSESSMENT SCREENING FOR NORTH PENNINE MOORS SPA

CONTROLLED COPY

01 OF 03

01 AGGREGATE INDUSTRIES 02 DURHAM COUNTY COUNCIL 03 MIDDLEMARCH ENVIRONMENTAL LTD

This report was compiled by Tom Docker MSc MIEEM, Dr Katy Read MCIWEM MIEEM CEnv DipSM and Tim Hextell MIEEM

The contents of this report are the responsibility of Middlemarch Environmental Ltd. It should be noted, that whilst every effort is made to meet the client’s brief, no site investigation can ensure complete assessment or prediction of the natural environment

Contract Number C112403

August 2012

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CONTENTS

1. INTRODUCTION...... 4

1.1 BACKGROUND ...... 4 1.2 SUMMARY OF PROPOSED WORKS ...... 5

2. DESCRIPTION OF HEIGHTS QUARRY AND SURROUNDS ...... 6

2.1 EXISTING QUARRY SITE ...... 6 2.2 PROPOSED EXTENSION AREA ...... 7 2.3 SURROUNDING AREA ...... 8

3. DESCRIPTION OF NORTH PENNINE MOORS SPA ...... 11

3.1 SITE CITATION ...... 11 3.2 CONSERVATION OBJECTIVES ...... 12

4. POTENTIAL EFFECTS ON SPA QUALIFYING CRITERIA ...... 13

5 DESKTOP STUDY RECORDS OF SPA QUALIFYING SPECIES ...... 14

5.1 INTRODUCTION...... 14 5.2 GOLDEN PLOVER BREEDING RECORDS ...... 14 5.3 HEN HARRIER BREEDING RECORDS ...... 15 5.4 MERLIN BREEDING RECORDS ...... 15 5.5 PEREGRINE BREEDING RECORDS ...... 16 5.6 EURASIAN CURLEW BREEDING RECORDS ...... 16 5.7 DUNLIN BREEDING RECORDS ...... 18

6. LIKELY IMPACTS OF PROPOSED EXTENSION ON SPA QUALIFYING SPECIES ...... 19

6.1 INTRODUCTION...... 19 6.2 BACKGROUND INFORMATION REGARDING DISTURBANCE TO BREEDING BIRDS ...... 19 6.3 LIKELY IMPACTS ON GOLDEN PLOVER ...... 21 6.4 LIKELY IMPACTS ON HEN HARRIER ...... 23 6.5 LIKELY IMPACTS ON MERLIN ...... 24 6.6 LIKELY IMPACTS ON PEREGRINE ...... 26 6.7 LIKELY IMPACTS ON EURASIAN CURLEW ...... 28 6.8 LIKELY IMPACTS ON DUNLIN ...... 30

7. CONCLUSIONS AND RECOMMENDATIONS ...... 32

7.1 SUMMARY OF LIKELY IMPACTS ON QUALIFYING SPECIES ...... 32 7.2 RECOMMENDATIONS ...... 33

REFERENCES AND BIBLIOGRAPHY ...... 34

APPENDICES ...... 36

APPENDIX 1 ...... 37 APPENDIX 2 ...... 39

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1. INTRODUCTION

1.1 BACKGROUND In July 2012 Aggregate Industries commissioned Middlemarch Environmental Ltd to undertake an assessment of the potential effects of a proposed extension to Heights Quarry on six bird species listed as designation criteria for the North Pennine Moors Special Protection Area (SPA).

The need for this assessment was outlined in consultation with Nadia Wetherell (Sustainability Strategy Officer, Durham County Council). Durham County Council is currently compiling the County Durham Plan, which will set out strategic policies highlighting where new development is proposed to be located and will plan for change in the county over a 20 year period from adoption. As part of this plan an allocation for Heights Quarry is proposed which will allow the quarry to continue operation and to extend into a new area located to the west of the current working area.

The Heights Quarry site (described in Section 1.2 and shown on Middlemarch Environmental Ltd Drawing C111403-01 in Appendix 1) is located in excess of 2 km to the southwest of two European statutorily designated nature conservation sites, the North Pennine Moors SPA and the North Pennine Moors Special Area of Conservation (SAC). A communication between Nadia Wetherell and Geoff Storey (Aggregate Industries) confirms that in order to include this allocation within the forthcoming county plan, the local authority must be satisfied that the continued use of the site and proposed extension would not significantly affect the integrity of any Natura 2000 sites. Natura 2000 sites are those sites designated under the Habitats Directive to ensure the protection of European important habitats, and include Special Areas of Conservation (SAC), Special Protection Areas (SPA), Offshore Marine Sites (OMS) and Ramsar sites.

The North Pennine Moors SPA is designated under the Conservation of Habitats and Species Regulations 2010. The following definition is taken from the Joint Nature Conservation Committee (JNCC) website (www.jncc.gov.uk/Protectedsites/):

Special Protection Areas (SPAs) are strictly protected sites classified in accordance with Article 4 of the EC Directive on the conservation of wild birds (79/409/EEC), also known as the Birds Directive, which came into force in April 1979. They are classified for rare and vulnerable birds, listed in Annex I to the Birds Directive, and for regularly occurring migratory species.

In the UK, the first SPAs were identified and classified in the early to mid 1980s. Classification has since progressed and a regularly updated UK SPA Summary Table provides an overview of both the number of classified SPAs and those approved by Government that are currently in the process of being classified (these are known as potential SPAs, or pSPAs).

Durham County Council should only include the Heights Quarry allocation in the County Durham Plan after having ascertained that it will not adversely affect the integrity of any Natura 2000 sites. Where Middlemarch Environmental Ltd Page 4 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA potential adverse impacts are anticipated, the allocation may still be agreed provided that there are no alternative solutions and that the plan is considered to be of overriding public interest. In such instances appropriate amelioration and compensatory measures are required to ensure that the overall coherence of the Natura 2000 site network is protected. It is understood that Durham County Council has been able to screen out any effects on the designation criteria for the North Pennine Moors SAC, however further information is required to assess the likelihood of any impacts on the designation criteria of the SPA.

Whilst no direct impacts on the SPA will occur as a result of the proposed allocation, it is necessary to assess the potential impacts to land that may support qualifying bird species outside of the SPA boundary. This land is referred to as ‘functional land’, and may include the existing quarry, the proposed extension area and land immediately surrounding these areas. In 2009 a mapping exercise was undertaken in order to map areas considered to be of importance to sensitive bird species within Stockton and five former County Durham Districts (E3 Ecology, 2009). The aim of this exercise was to produce a resource to allow the impacts of developments on sensitive bird species to be assessed. This map, which is included in Appendix 2 of this report, divides areas of potential ‘functional land’ in accordance with their geographical scale of importance with regard to sensitive bird species, e.g. international, national, county, and local. Land within the North Pennine Moors SPA is considered to be of international importance with regard to sensitive bird species. Heights Quarry and the surrounding land straddles areas considered to be of county and national importance for sensitive birds.

This document expands on this broad land classification and provides a more detailed discussion regarding the likelihood of SPA qualifying species using the existing quarry, proposed extension area and immediate surrounds as ‘functional land’, particularly for breeding as this is the key reason for the designation of the SPA (see Chapter 3).

1.2 SUMMARY OF PROPOSED WORKS Middlemarch Environmental Ltd undertook consultation with Geoff Storey (Aggregate Industries) in order to define the likely scope and timescale for extension of quarrying works into the proposed additional area, assuming the allocation is granted. It is understood that, if allocated, Aggregate Industries would move into the proposed extension area within 5 years, and that quarrying activities within the proposed extension area would broadly be the same as those which are currently being undertaken within Heights Quarry.

With regard to the likely frequency of blasting within the extension area, it is estimated that blasting will take place once every ten days. It is noted, however, that the frequency of blasting is not fixed and is dependent upon market conditions, i.e. if the demand for aggregates is low then blasting will be more infrequent than at times when demand is high. As such, it is not possible to predict with any degree of certainty how often blasting will be undertaken.

As the site is not located in proximity to residential areas, no previous assessments of noise or vibration levels have been required for Heights Quarry.

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2. DESCRIPTION OF HEIGHTS QUARRY AND SURROUNDS

2.1 EXISTING QUARRY SITE Heights Quarry is an active limestone quarry, owned and managed by Aggregate Industries. It is predominantly associated with the excavation of aggregates for roadstone, and is located at the site of the former Heights Mine, approximately equidistant between the villages of Eastgate and Westgate in Weardale, County Durham. The existing quarry is centred at National Grid Reference NY 925 391, and covers an area of approximately 38 hectares. It is 2.28 km from the North Pennine Moors SPA at its nearest point.

The location of the existing quarry site is marked on Middlemarch Environmental Ltd Drawing C112403- 01 in Appendix 1. This drawing also shows the proximity of the site to the SPA.

The site was subject to a walkover assessment by Tim Hextell (Principal Ornithological Consultant) on 3rd August 2012. This survey identified that the current quarry area is dominated by bare ground, including access tracks, spoil heaps and other areas currently being worked. A variety of cliff faces were present, some of which were bare and some of which were vegetated with ephemeral vegetation typical of bare rock and scree habitats. A small number of ephemeral pools were present throughout the quarry floor, all of which were noted to be free from vegetation. Along the southern side of the active quarry area was a large slag heap vegetated with short rabbit-grazed turf. Plates 2.1 and 2.2 show the habitats present within the quarry as at August 2012.

Plates 2.1 and 2.2: Existing Quarry Site, Viewed from North-west and East

During the walkover survey any bird species present within the quarry were recorded. The following species were noted: pied wagtail Motacilla alba yarrelli, oystercatcher Haematopus ostralegus, feral pigeon Columba livia, greenfinch Carduelis chloris, lapwing Vanellus vanellus and kestrel Falco tinnunculus.

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2.2 PROPOSED EXTENSION AREA As detailed in Chapter 1, it is proposed that the forthcoming Durham County Plan will include an allocation for Heights Quarry that will allow both the continued operation of the existing quarry and the extension of quarrying activities into a new area over the next 20 years.

The proposed extension area abuts the northern and northwestern boundaries of the existing quarry. It is centered at National Grid Reference NY 920 396, and covers an area of approximately 33.5 hectares. This area of land is located 2.13 km from the SPA at its nearest point.

The location of the proposed extension area is marked on Middlemarch Environmental Ltd Drawing C112403-01 in Appendix 1. This drawing also shows the proximity of the extension area to the SPA.

The walkover survey undertaken on 3rd August 2012 identified that the proposed extension area is divisible into two broad areas. The first of these areas is a linear strip which runs along the northern boundary of the existing quarry, from the centre of this boundary to its eastern end. This area is referred to by the Ordnance Survey as Heights Pasture, and comprises closely grazed pasture (by both sheep and cattle) interspersed with patches of rushes Juncus spp., tufted hair grass Deschampsia cespitosa and common thistles Cirsium spp. Foraging oystercatcher was the only bird species recorded within this habitat. This area is shown on Plate 2.3.

Plate 2.3: Linear Strip to North of Quarry, Looking East

To the west, the linear strip grades into a wider area dominated by dense rushes and tufted hair grass. This vegetation was not grazed, resulting in a tussocky sward to a mean height of 0.6 m. Towards the western extent of the proposed extension area were occasional patches of finer, less tussocky grasses to a mean height of 0.4 m. Species recorded in these areas included crested dogstail Cynosurus cristatus, Yorkshire fog Holcus lanatus and fescue Festuca sp., interspersed with infrequent white clover Trifolium repens, harebell Campanula rotundifolia and sweet vernal grass Anoxanthum odoratum. This area was subject to a comprehensive walkover, and frequent meadow pipit Anthus pratensis was the only bird species encountered. This area of habitat is shown on Plates 2.4 and 2.5. Middlemarch Environmental Ltd Page 7 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

Plates 2.4 and 2.5: Proposed Extension Area, Looking West and Northwest

The western half of the proposed extension area was intersected by two small watercourses, both tributaries of Park Burn. Both of these watercourse had a moderate to fast southerly flow, and were approximately 1 m wide. They were both enclosed by dense bankside vegetation, predominantly rushes with occasional Yorkshire fog and marsh thistle Cirsium palustre. The eastern-most of the two watercourses is shown on Plate 2.6.

Plate 2.6: Easternmost Watercourse Intersection Proposed Extension Area, Looking North

2.3 SURROUNDING AREA The walkover survey undertaken on 3rd August 2012 also included an assessment of the wider landscape surrounding both the existing quarry and the proposed extension area.

The quarry itself is located on the northern face of the River Wear valley, between the 370 and 420 metre Ordnance Survey contours. The surrounding topography sloped up to the north to a height of 554 metres at Scarsike Head, approximately 2 km to the north of the existing quarry site. To the south the land dropped steeply down to the River Wear at a height of approximately 270 metres. The River Wear runs approximately west-east, 0.9 km to the south of Heights Quarry. To the east and west of the quarry the

Middlemarch Environmental Ltd Page 8 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA land had a more gently undulating topography typical of a valley-side setting. Plates 2.7 and 2.8 show the landscape to the north and south of the existing quarry site respectively.

Plate 2.7: Due North from Heights Quarry, Showing Land Rising to Northgate Fell

Plate 2.8: Due South from Heights Quarry, Showing Land Dropping to River Wear, then Rising to Black Hill and Westernhope Moor

The habitats immediately surrounding the existing quarry and proposed extension area generally consisted of livestock grazed improved pasture interspersed with frequent patches of tussocky rushes and tufted hair grass. The agricultural land was observed to grade into less grazed rough grassland as the land rose, again dominated by rushes and tufted hair grass. This habitat type, which was very similar to that within the proposed extension area, dominated the higher ground in the area surrounding the quarry, although occasional patches of heather were visible on areas of high ground and plateaus some distance from the site. The gradient between areas managed as farmland and less intensively managed moorland vegetation is visible on Plates 2.7 and 2.8.

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Occasional small blocks of conifer plantation were observed, mostly situated on the lower slopes of the River Wear valley and becoming more frequent towards the valley bottom. In addition, the landscape was intersected by a large number of small watercourses (burns and sikes), all of which eventually feed into the River Wear.

To the south of the River Wear the land rose steeply again to a height of 559 metres at Black Hill, 3.4 km to the south-southwest of the quarry (visible on the right hand side of Plate 2.8). A large area of high ground to the south of the River Wear and to the west of the B6278 road was actively managed as a grouse moor, and included frequent burnt areas.

Chapter 3 provides detail regarding the North Pennine Moors SPA.

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3. DESCRIPTION OF NORTH PENNINE MOORS SPA

The data listed below are summarised from the SPA citation provided by the JNCC and from the conservation objectives for the SPA provided by Natural . Both the citation and the conservation objectives are included in Appendix 2. The location of Heights Quarry in relation to the SPA boundary is shown in Middlemarch Environmental Ltd Drawing C112403-01.

3.1 SITE CITATION The following information is taken from the North Pennine Moors SPA Natura 2000 data form, version 1.1, 05/05/06.

Country: England Unitary Authority: Durham (31.74%), North Yorkshire (32.16%), (16.92%), Cumbria (19.18%) SPA Status: Classified 09/02/2001 Latitude: 54 39 24 N Longitude: 02 14 49 W SPA EU Code: UK9006272 Area (ha): 147246.41 Component SSSI/ASSIs*: Allendale Moors; ; Arkengarthdale, Gunnerside and Reeth Moors; Bollihope, Pikestone, Eggleston and Woodland Fells; ; ; East Nidderdale Moors (Flamstone Pin - High Ruckles); Geltsdale and Glendue Fells; ; Lovely Seat - Stainton Moor; ; Mallerstang and Swaledale Head; Moor House and Cross Fell; Muggleswick, Stanhope and Edmundbyers Commons and Blanchland Moor; , West Nidderdale, Barden and Blubberhouses Moors; Whitfield Moor, Plenmeller and Ashholme Commons

*Site of Special Scientific Interest/Area of Special Scientific Interest.

The North Pennine Moors SPA is situated in Cumbria, County Durham, Northumberland and North Yorkshire and includes parts of the moorland massif between the Tyne Gap (Hexham) and the Ribble- Aire corridor (Skipton). It encompasses extensive tracts of semi-natural moorland habitats. The site is of European importance for several upland breeding species, including birds of prey and waders. The southern end of the SPA is within 10 km of the South Pennine Moors SPA which supports a similar assemblage of upland breeding species. North Pennine Moors subsumes Moor House SPA, a site subject to separate classification.

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Qualifying Species This site qualifies under Article 4.1 of the Directive (79/409/EEC) by supporting populations of European importance of species listed on Annex I of the Directive. The species supported by the site are summarised in Table 3.1.

% of GB Annex 1 Species Count and Season Period Population Golden plover 1,400 pairs - Estimated population 6.2 % Pluvialis apricaria breeding Hen harrier Circus cyaneus 11 pairs - breeding Count as at 1993-1994 2.2 % Merlin Falco columbarius 136 pairs - breeding Estimated population 10.5 % Peregrine Falco peregrinus 15 pairs - breeding Count as at 1991 1.3 % Table 3.1: Summary of Annex 1 Species Supported by North Pennine Moors SPA

This site also qualifies under Article 4.2 of the Directive (79/409/EEC) by supporting populations of European importance of the migratory species listed in Table 3.2.

% of GB Migratory Species Count and Season Period Population Eurasian curlew Numenius 3,930 pairs – Based on 3.3 % arquata breeding 1992/1993/1994 survey Based on Dunlin Calidris alpina schinzii 330 pairs - breeding 3.0 % 1992/1993/1994 survey Table 3.2: Summary of Additional Migratory Species Supported by North Pennine Moors SPA

3.2 CONSERVATION OBJECTIVES The following Conservation Objectives for the North Pennine Moors SPA were acquired by Durham County Council from Natural England.

These Conservation Objectives state that with regard to the individual species and/or assemblage of species for which the site has been classified (‘the Qualifying Features’ listed below):

Avoid the deterioration of the habitats of the qualifying features, and the significant disturbance of the qualifying features, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving the aims of the Birds Directive.

Subject to natural change, to maintain or restore:

• The extent and distribution of the habitats of the qualifying features; • The structure and function of the habitats of the qualifying features; • The supporting processes on which the habitats of the qualifying features rely; • The populations of the qualifying features; and, • The distribution of the qualifying features within the site.

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4. POTENTIAL EFFECTS ON SPA QUALIFYING CRITERIA

In 2001 Oxford Brookes University produced a document entitled ‘Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites’ (Oxford Brookes University, 2001). This document details best practice for assessing potential impacts on Natura 2000 sites. It identifies that impacts to such sites may arise as a result of the following:

• Reduction of habitat area; • Disturbance to key species; • Habitat or species fragmentation; • Reduction in species density; • Changes in key indicators of conservation value (water quality etc); and, • Climate change.

This report is concerned with potential impacts on the North Pennine Moors SPA, which is located a distance of 2.28 km from the existing Heights Quarry site and 2.13 km from the proposed extension area at its nearest point. The proposed allocation in the County Durham Plan will require no landtake from the North Pennine Moors or any other European protected site, nor will it impact upon the boundary of any European site. As such, it is considered that the only way in which any of the impacts listed above could arise as a result of the continuation of current quarrying activities or the proposed quarry extension would be as a result of quarrying activities causing disturbance to breeding populations of those species listed as qualifying criteria for the SPA within ‘functional land’, e.g. as a result of noise and vibration associated with blasting activities, and as a result of movement of vehicles along access routes to and from the quarry site.

Chapter 5 details the findings of a desktop study exercise undertaken by Middlemarch Environmental Ltd to collate known breeding records for the SPA qualifying species listed in Section 3.1. As assessment of the potential impacts on the proposed quarry extension on these species is provided in Chapter 6.

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5 DESKTOP STUDY RECORDS OF SPA QUALIFYING SPECIES

5.1 INTRODUCTION In order to supplement the habitat data acquired during the walkover survey on 3rd August 2012, an ecological desktop study exercise was undertaken in order to acquire any breeding records of the North Pennine Moors SPA qualifying species within a 5 km radius of the Heights Quarry site. Data was acquired from the following consultees:

• Environmental Records Information Centre North East (ERICNE); • Durham Bird Club (via John Olley, Conservation Officer); and, • The Birds of Durham - Durham County Avifauna (Durham Bird Club, 2012).

Data acquired for each of the six qualifying species is summarised in Sections 4.2 to 4.7 below. This data has been filtered to exclude all non-breeding records, as the SPA is designated for its breeding populations of the six species. The breeding season for each of the species was defined based on the publications Birds of England (Brown and Grice, 2005), Raptors: A Field Guide to Survey and Monitoring (Hardey et al, 2006) and The Birds of Durham (Durham Bird Club, 2012).

5.2 GOLDEN PLOVER BREEDING RECORDS The breeding season for golden plover is generally accepted to extend between April and mid-July, although it is noted that birds can arrive back in their breeding haunts as early as February when the weather is mild (Brown and Grice, 2005). Breeding season records for this species provided by ERICNE and Durham Bird Club are summarised in Table 5.1.

Proximity to and National Grid Date of Record Location Direction from Notes Reference Heights Quarry Up to 40 birds Rookhope / Bolts estimated around 18/06/2007 NY 93 44* c. 4.9 km N * Law Circular six mile circular walk 14/05/2008 Rimey Law NY 92 43* c. 3.7 km N* 3 displaying males Atlas data, centre 14/05/2008 NY 930 430** c. 1.85 km N** 2 birds noted tetrad NY930430 Atlas data, centre 23/05/2008 NY 870 350** c. 5 km SW** 2 birds noted tetrad NY870350 29/06/2008 Rookhope NY 94 42* c. 2.9 km NE* - Centre point of tetrad 26/04/2009 NY 910 410** c. 0.7 km NW** 4 birds noted NY910410 Centre point of tetrad 10/05/2009 NY 890 350** c. 3.7 km SW** 1 bird noted NY890350 Bolts Law/Redgate 1 pair noted. 2 12/05/2009 NY 94 44* c. 4.9 km N* Head, nr Rookhope birds displaying Atlas data, centre 17/04/2010 NY 890 350** c. 3.7 km SW** 1 bird noted tetrad NY890350 Atlas data, centre 11/06/2010 NY 890 350** c. 3.7 km SW** 12 birds noted tetrad NY890350 Table 5.1: Summary of Golden Plover Breeding Records Within 5km of Heights Quarry (cont)

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Proximity to and National Grid Date of Record Location Direction from Notes Reference Heights Quarry 27/06/2010 Rookhope NY 94 42* c. 2.9 km NE* - 16/04/2011 Wolfcleugh Common NY 88 42* c. 4.1 km NW* 9 birds noted 19/04/2011 Rimey Law NY 92 43* c. 3.7 km N* 2 birds noted 23/05/2011 Rookhope NY 94 42* c. 2.9 km NE* 2 birds noted 03/07/2011 Wolfcleugh Common NY 88 42* c. 4.1 km NW* 13 birds noted Rookhope Burn 28/04/2012 (Groove Rake Mine NY 89 44* c. 5 km NW* 2 birds noted. to Lintzgarth Arch) Key: * Grid reference given to 1 km accuracy only. Distance refers to closest point of grid square to quarry. ** Grid reference given to 2 km accuracy only. Distance refers to closest point of tetrad to quarry. Table 5.1 (cont): Summary of Golden Plover Breeding Records Within 5km of Heights Quarry

5.3 HEN HARRIER BREEDING RECORDS The breeding season for hen harrier is generally accepted to extend between April and August, by which time the young birds have generally fledged (Hardey et al, 2006).

The desktop study data provided by ERICNE and the Durham Bird Club did not contain any breeding season records of hen harrier within a 5 km radius of the Heights Quarry site. A total of 5 non-breeding records of individual birds were provided by Durham Bird Club, all of which dated from 2007. No more recent records of this species were provided.

5.4 MERLIN BREEDING RECORDS The breeding season for Merlin is generally accepted to extend between late March and August, although it is noted that juvenile dispersal can take place at any time between early July and early September (Hardey et al, 2006). Breeding season records for this species provided by ERICNE and Durham Bird Club are summarised in Table 5.2.

Proximity to and National Grid Date of Record Location Direction from Notes Reference Heights Quarry 26/04/2009 Rookhope NY 93 42* c. 2.75 km N* 1 bird noted Single female over 09/08/2009 Rookhope Burn NY 91 42* c. 2.75 km NNW* moorland Atlas data, centre 28/04/2010 NY 910 410** c. 0.7 km NW** - tetrad NY910410 Atlas data, centre 17/06/2010 NY 870 430** c. 5 km NW** 2 birds present NY870430 12/07/2010 Redburn Common NY 91 44* c. 4.8 km NNW* Single male Atlas data, centre 06/08/2010 NY 910 390** c. 0.3 km W** 1 bird noted tetrad NY910390 Agitated male 03/07/2011 Wolfcleugh Common NY 88 42* c. 4.1 km NW* mobbing another raptor. Key: * Grid reference given to 1 km accuracy only. Distance refers to closest point of grid square to quarry. ** Grid reference given to 2 km accuracy only. Distance refers to closest point of tetrad to quarry. Table 5.2: Summary of Merlin Breeding Records Within 5km of Heights Quarry

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The majority of suitable habitat within the county (never less than 75%) is subject to annual monitoring surveys by the Durham Upland Bird Study Group DUBSG. This monitoring has revealed that the Durham population has experienced a slight decline since 1990, and that breeding success is variable year-to- year. The population is currently considered to be stable, and is estimated at 32 to 36 breeding pairs.

5.5 PEREGRINE BREEDING RECORDS The breeding season for peregrine is generally accepted to extend between March and August, although it is noted that birds can remain present with breeding territories throughout the year (Hardey et al, 2006). Breeding records for this species provided by ERICNE and Durham Bird Club are summarised in Table 5.3.

Proximity to and National Grid Date of Record Location Direction from Notes Reference Heights Quarry 11/03/2007 Rookhope NY 90 43* c. 2.95 km NW* 1 bird noted 1 bird hunting over 21/03/2009 St John’s Chapel NY 88 38* c. 3.2 km W* moors Male high over 21/06/2010 Weardale Works NY 94 36** c. 2.3 km SE* quarry 25/05/2006 Eastgate Quarry NY 94 37* c. 2.3 km SE* Pair breeding Key: * Grid reference given to 1 km accuracy only. Distance refers to closest point of grid square to quarry. ** Grid reference given to 2 km accuracy only. Distance refers to closest point of tetrad to quarry. Table 5.3: Summary of Peregrine Breeding Records Within 5km of Heights Quarry

The Durham county avifauna describes peregrine as a scare breeding resident and that, contrary to national trends, the county population of these species remains fragile and vulnerable with few signs of sustained recovery. This is despite the presence of abundant suitable habitat within the county.

5.6 EURASIAN CURLEW BREEDING RECORDS The breeding season for Eurasian curlew is generally accepted to extend between April and late July (Brown and Grice, 2005). Breeding records for this species provided by ERICNE and Durham Bird Club are summarised in Table 5.4.

Proximity to and National Grid Date of Record Location Direction from Notes Reference Heights Quarry 25/05/2006 Snowhope NY 94 36* c. 2.3 km SE* 16 pairs noted 25/05/2006 Eastgate Quarry NY 94 37* c. 2.3 km SE* 3 pairs noted Rookhope / Bolt’s 18/06/2007 NY 93 44* c. 4.9 km N * - Law Circular High Rowantreefoot, 01/04/2008 NY 87 37* c. 4.4 km WSW* 10 birds noted Weardale High Hotts farm, 01/04/2008 NY 87 38* c. 4.25 km W* 10 birds noted Weardale 14/05/2008 Rimey Law NY 92 43* c. 3.7 km N* 6 displaying birds 14/05/2008 Chestergarth NY 94 41* c. 2.25 km NE* 33 displaying birds Table 5.4: Summary of Eurasian Curlew Breeding Records Within 5km of Heights Quarry (cont)

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Proximity to and National Grid Date of Record Location Direction from Notes Reference Heights Quarry Atlas data, centre 14/05/2008 NY 930 430** c. 2.6 km N** 7 birds noted tetrad NY930430 Atlas data, centre 23/05/2008 NY 870 350** c. 5 km SW** 10 birds noted tetrad NY870350 Atlas data, centre 05/06/2008 NY 910 390** c. 0.3 km W** 14 birds noted tetrad NY910390 Atlas data, centre 05/06/2008 NY 910 410** c. 0.7 km NW** 40 birds noted tetrad NY910410 06/06/2008 Westgate NY 90 38* c. 1.2 km W* 4 birds, agitated 40 birds, mostly 06/06/2008 Lintzgarth Common NY 92 42* c. 2.65 km N* breeding pairs with juveniles 29/06/2008 Rookhope NY 94 42* c. 2.9 km NE* - 09/04/2009 Bollihope NY 89 35* c. 3.7 km SW* 3 birds noted Centre point of tetrad 26/04/2009 NY 910 410** c. 0.7 km NW** 4 birds noted NY910410 Centre point of tetrad 02/05/2009 NY 890 350** c. 3.7 km SW** 1 bird noted NY890350 Centre point of tetrad 02/05/2009 NY 890 370** c. 2.45 km SW** 1 bird noted NY890370 Rookhope Village (E 12/05/2009 NY 94 42* c. 2.9 km NE* - side) / Bolts Law Bolts Law/Redgate 12/05/2009 NY 94 44* c. 4.9 km N* - Head, nr Rookhope Centre point of tetrad 13/06/2009 NY 910 410** c. 0.7 km NW** 20 birds noted NY910410 Centre point of tetrad 07/07/2009 NY 910 430** c. 2.7 km NNW** 1 bird noted NY910430 02/04/2010 Redburn NY 92 43* c. 3.6 km N* 2 birds noted Atlas data, centre 17/04/2010 NY 890 350** c. 3.7 km SW** 4 birds noted tetrad NY890350 Atlas data, centre 02/06/2010 NY 910 390** c. 0.3 km W** 4 birds noted tetrad NY910390 Atlas data, centre 11/06/2010 NY 890 350** c. 3.7 km SW** 4 birds noted tetrad NY890350 Weardale Works dis, 21/06/2010 NY 93 36* c. 1.9 km SSE* 10 birds noted Washpool 27/06/2010 Rookhope NY 94 42* c. 2.9 km NE* - Atlas data, centre 24/07/2010 NY 910 370** c. 0.9 km SW** 5 birds noted tetrad NY910370 16/04/2011 Wolfcleugh Common NY 88 42* c. 4.1 km NW* 17 birds noted Weardale Works 25/04/2011 NY 93 35* c. 2.85 km SSE* 20 birds noted Quarry, Brotherlee 01/05/2011 Westgate NY 90 38* c. 1.3 km WSW* 20 birds noted 23/05/2011 Grove Rake NY 89 44* c. 5 km NW* Single pair noted 03/07/2011 Wolfcleugh Common NY 88 42* c. 4.1 km NW* 13 birds noted 06/04/2012 Wolfcleugh NY 90 42* c. 2.9 km NW* 2 birds noted Rookhope Burn 28/04/2012 (Groove Rake Mine NY 89 44* c. 5 km NW* 8 birds noted to Lintzgarth Arch) Westernhope, 16/05/2012 Washpool, Whitewell NY 93 36* c. 1.9 km S* 100 birds noted Crags Key: * Grid reference given to 1 km accuracy only. Distance refers to closest point of grid square to quarry. ** Grid reference given to 2 km accuracy only. Distance refers to closest point of tetrad to quarry. Table 5.4 (cont): Summary of Eurasian Curlew Breeding Records Within 5km of Heights Quarry

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The Durham county avifauna describes curlew as a common resident of the western uplands, in which Heights Quarry is located. The species breeds mostly on upland heather and rough grazing areas, although some breeding on lowland pasture is known.

5.7 DUNLIN BREEDING RECORDS The breeding season for dunlin is generally accepted to extend between May and July inclusive (Brown and Grice, 2005).

The desktop study data provided by ERICNE and the Durham Bird Club did not contain any breeding season records of dunlin within a 5 km radius of the Heights Quarry site. A total of 3 records from just before the peak breeding period were provided. These records related to a location at Bridge End, a minimum distance of 2.25 km to the west of the Heights Quarry site.

Chapter 6 provides an assessment of the likely effects of the proposed quarrying extension on the SPA qualifying species.

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6. LIKELY IMPACTS OF PROPOSED EXTENSION ON SPA QUALIFYING SPECIES

6.1 INTRODUCTION This chapter provides a discussion of the likelihood of the continuation at the current site and the proposed extension to quarrying activities at Heights Quarry resulting in adverse impacts to the six bird species for which the North Pennine Moors SPA is designated. The assessment of potential effects is based upon a variety of data sources, including the description of proposed future quarrying activity summarised in Section 1.4, the habitat data summarised in Chapter 2, the records of qualifying species within 5 km of the quarry summarised in Chapter 5, and reference to a variety of publications regarding breeding birds and disturbance.

6.2 BACKGROUND INFORMATION REGARDING DISTURBANCE TO BREEDING BIRDS As highlighted in Chapter 4, the proposed extension to the quarrying area at Heights Quarry will be located in excess of 2 km from the SPA boundary at its nearest point. As such, it is considered that the only way in which the proposed extension could adversely impact upon the qualifying criteria for the site would be as a result of disturbance to the six qualifying species during the breeding season. Disturbance is defined by White and Pickett (1985) as ‘any relatively discrete event in time that disrupts ecosystem, community or population structure and changes resources, substrate availability, or the physical environment’.

Hockin et al (1992) state that gradients of response by birds can be identified, depending on the intensity, frequency and duration of the disturbance. Hill et al (1997) recommend that in estimating the severity and likely impact of disturbance to birds the following factors should be taken into account:

• Intensity of disturbance; • Duration and frequency (continuous, infrequent, regular, variable); • Proximity of source; • Seasonal variation in sensitivity of affected species; • Presence of people associated with source; • Whether birds move away, but return after disturbance ceases; • Whether regional numbers are affected; • Whether there are alternative habitats available nearby; and, • Whether rare, scarce or especially shy species are affected.

Figure 4.1 is adapted from a study of the effects of disturbance on wading birds and wildfowl. It splits types of disturbance into four categories according to frequency, severity and duration, and provides observed responses to each type of disturbance. Examples of activities likely to fall into each of the categories are also given.

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DISTURBANCE ‘GRADIENT’

Passive low-level Medium-level Active high-level Active high-level continuous continuous infrequent continuous

Waders and wildfowl Most species tolerate Most birds displaced Most birds displaced habituate the disturbance for short periods all the time

Site unattractive to Site maintains most of Only very tolerant most vulnerable its attraction species remain species

Site becomes and remains species poor

Example: Example: Example: Example: • Low-noise pumps • Gravel pit in progress • Fishing • Power boating • Night-lit sea fronts • Humans screened in • Some water-sports • Shooting

• Industry with no vehicles • Disturbance by • Walking humans human presence researcher studying • Industry with high birds exposure by humans

Figure 4.1: Types of Disturbance of Wildfowl and Waders with Likely Responses across a Gradient of Severity (adapted from Hockin et al, 1992 and Hill et al, 1997)

It is apparent from this diagram that different activities associated with ongoing quarrying works and the proposed extension to quarrying activates may lead to different levels of response by breeding birds. For example, infrequent blasting activity (active high-level infrequent) is likely to cause breeding birds to respond differently than ongoing quarrying activities (medium level continuous).

The majority of the SPA qualifying species are ground-nesting birds. Finney et al (2004) highlight that ground nesting birds are thought to be at particular risk from human disturbance as, when approached, birds often flush from nest sites, leaving eggs and chicks exposed to possible chilling or predation and imposing an energetic cost on the adult birds. Although the impact of human disturbance from the proposed quarry extension will be negligible, this observation gives a useful indication of the ways in which any form of disturbance may impact upon the favourable conservation status of a bird population by hindering the likelihood of successful breeding.

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At the time of writing there is a paucity of bespoke literature regarding the impacts of quarrying activities on upland breeding birds. It is possible, however, to draw conclusions regarding the likelihood of disturbance to each of the SPA qualifying species based on habitat quality and extent, as this is the key factor which influences whether the qualifying species are likely to breed in proximity to the existing quarry and proposed extension site. Sections 6.3 to 6.8 provide a discussion regarding the suitability of habitat in proximity to Heights Quarry for each of the target species, and use this in the context of the known breeding records summarised in Chapter 5 to inform a conclusion regarding the likelihood of disturbance arising as a result of the proposed extension.

6.3 LIKELY IMPACTS ON GOLDEN PLOVER

6.3.1 Favoured Breeding Habitat and Summary of Known Breeding Records Golden plovers favour high, flat to gently sloping plateau ground away from the moorland edge for breeding, although chicks may occasionally be moved over 2 km from nest sites to feed in small marshy areas rich in invertebrate food (Brown and Grice, 2005). Ratcliffe (1990) describes the best golden plover breeding areas as being mostly heathery grouse moors, both in dry areas and in blanket bogs where heather is co-dominant with cotton-grass and bogmosses.

The Durham county avifauna (Durham Bird Club, 2012) confirms that breeding by this species is almost entirely restricted to unenclosed moorland above 300 m, to the west of a line drawn between Smiddyshaw Reservoir in the north of the county and Barningham Moor in the south. Breeding density is generally greatest at the tops of hills with gently sloping ground, and most nests are located in tussocks of heather and cotton-grass. Population levels of up to five pairs per square kilometre have been noted in parts of Teesdale and Weardale. The majority of breeding records provided for a 5 km radius around Heights Quarry were for locations in the vicinity of Rookhope, Rimey Law and Wolfcleugh Common, all of which are in excess of 3.5 km from the proposed extension area and all of which feature areas of heather moorland habitat on high ground which is lacking from the area immediately surrounding Heights Quarry.

Durham Bird Club (2012) highlights that much of the farmland in Teesdale and Weardale in which this species is known to breed is designated under the Environmentally Sensitive Area (ESA) scheme, under which landowners are offered financial incentives to adopt sensitive land management practices within areas considered to be of high landscape or biodiversity value. Both Heights Quarry and the proposed extension area fall outside of the area classified under the Pennine Dales ESA, although the proposed extension area does abut the Pennine Dales ESA along its western edge. As such there is no current incentive for the landowner to manage the proposed extension area in such a way as to provide suitable breeding habitat for golden plover.

6.3.2 Suitability of Habitat at Heights Quarry and Proposed Extension Area The habitats within the existing Heights Quarry site are considered to be unsuitable for use by this species for breeding purposes, as they are dominated by bare rock and are subject to ongoing quarrying activities.

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The proposed extension area is also considered to be predominantly unsuitable for breeding by this species as it is dominated by rough rush pasture which was observed to have a high, dense sward dominated by tufted hair-grass and rushes. This area does not include any areas of the heather moorland habitat favoured by breeding golden plover, although it is possible that some of the areas of grazed upland pasture within the proposed extension area may be used as supplementary feeding sites by breeding birds during the summer months (Nature Conservancy Council, 1990). Habitat surrounding the proposed extension area to the north and west is similar in nature to that recorded on site, being dominated by rough rush pasture and closely grazed areas. As with the proposed extension area itself, habitat immediately adjacent to the site is considered to provide suboptimal breeding habitat for this species.

6.3.3 Likelihood and Magnitude of Disturbance from Proposed Quarry Extension Based on the habitat assessment and review of known breeding records for this species there is no evidence to suggest that the proposed continuation of quarry activities and possible future extension will result in disturbance to breeding golden plover. It is considered possible that infrequent blasting activities and ongoing quarrying operations may discourage birds from undertaking supplementary feeding activities in close proximity to the quarry during the breeding season, however suitable feeding habitat is exceptionally widespread in the area.

The key threats to this species are all linked to changes in land use. The European Union Management Plan for golden plover (EC, 2009) lists afforestation, agricultural intensification and changes in grouse moorland management as being major sources of disturbance through habitat modification, with the latter linked to a reduction in moorland burning leading to the development of tall vegetation that is unsuitable for nesting (such as that which occurs around the Heights Quarry site), and also to reduced predator control resulting from a decline in game-keepering. None of these known threats are considered to be applicable to the proposed allocation in the County Durham Plan.

A review of published literature does not identify any specific studies regarding the impact of quarrying activities on breeding golden plover, although recent studies have been undertaken to assess the effect of recreational disturbance on populations of this species in the Pennines (Finney et al, 2004). These identified that golden plovers had a tendency to avoid areas within 200 m of public footpaths during the breeding season, and that there is a zone of approximately 400 m along well-used public footpaths where golden plover occurrence would be reduced. Interestingly, however, despite this observed behavioural response to human disturbance, there was no detectable impact of disturbance to brood survival. Although not directly comparable to ongoing quarrying activities at Heights Quarry, reference to Figure 4.1 regarding gradients of severity of disturbance indicates that recreational disturbance by humans is classified as ‘active high-level continuous’ disturbance, which is considered to be more severe than both ongoing quarry activities (considered to be ‘medium level continuous’ disturbance) and infrequent blasting activities ( considered to fall into the category of ‘active high-level infrequent’ disturbance). It is therefore considered that any potential for disturbance from expanding quarrying activities is likely to be less severe than that found to arise from recreational disturbance, which was not seen to impact upon breeding success. The responses to disturbance summarised in Figure 4.1 indicates that most wildfowl and wader Middlemarch Environmental Ltd Page 22 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA species are tolerant of medium level continuous disturbance, and that although infrequent high level disturbance may cause birds to be displaced for a short period of time, sites generally retain most of their attractiveness. Given that the proposed extension area and its immediate surrounds are unlikely to be used for breeding purposes by this species, short-term displacement from supplementary feeding areas is considered unlikely to be significant.

The proposed activities are not considered likely to result in a significant effect on the breeding success of this species, either within or outside of the North Pennine Moors SPA. It is understood, however, that because the current assessment is required to inform a plan that could be implemented over a period of 20 years, changes in land use during this time may alter the habitat suitability for breeding golden plover and, subsequently, change the likelihood of disturbance. A precautionary recommendation regarding future monitoring is made in Section 7.2.

No significant effects that could impact the integrity of the North Pennine Moors SPA are perceived with regard to golden plover.

6.4 LIKELY IMPACTS ON HEN HARRIER

6.4.1 Favoured Breeding Habitat and Summary of Known Breeding Records The hen harrier is a species that breeds in a variety of open terrain habitats throughout its breeding range, however in Britain it is predominantly confined to dry heather moorlands below 500 m above sea level. Typical breeding habitat generally comprises areas with a lush growth of tall heather, rushes or bracken, although breeding amongst young growth within conifer plantations is also known (Brown and Grice, 2005). The material most commonly used for nesting is heather, although many nests also encompass old bracken stalks (Watson, 1977).

All know nesting attempts in Durham have been in rank heather on managed grouse moorland, and all have been within the boundaries of the North Pennine Moors SPA (Durham Bird Club, 2012). The Durham county avifauna confirms that this species breeds both rarely and sporadically in the county. This species was subject to co-ordinated monitoring from 1992 as a result of the formation of the Durham Upland Bird Study Group (DUBSG), which found that between 1992 and 1999 one or two pairs of birds were found nesting within heather moorland each year (although it is noted that never was more than one pair successful). In total 19 young were fledged from five successful nests in the period 1992 to 1997; however 62% of nesting attempts were found to be unsuccessful. There has only been one known nesting attempt within the county in the last 10 years, however the female bird deserted the nest when the male bird disappeared.

The trends witnessed in Durham are representative of the breeding trends for this species in the UK as a whole. The hen harrier has been a scarce breeding species since the mid 19th Century, when the advent of game shooting for sport came to prominence. Persecution by gamekeepers resulted in the hen harrier becoming near-extinct as a British breeding species in the early to mid 20th Century; although the publication of the Protection of Birds Acts of 1954 and 1967 allowed the species to make a partial Middlemarch Environmental Ltd Page 23 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA recovery by making it illegal to kill or take a hen harrier without licence (Watson, 1977). Despite the species becoming legally protected, however, the illegal persecution of birds on managed grouse moorlands is believed to have continued, and is still believed to be by far the biggest threat to the hen harrier today (Durham Bird Club, 2012; Holling et al, 2011). The most recent national breeding statistics available at the time of compilation of this report indicate that in 2009 a maximum of 345 breeding pairs were recorded, of which only 12 were located in England (Scotland holds by far the highest concentration). No breeding pairs were reported in Durham, confirmed in the desktop study data provided by Durham Bird Club.

6.4.2 Suitability of Habitat at Heights Quarry and Proposed Extension Area Temporarily discounting the observed population trends for this species, the habitats present within the existing Heights Quarry are considered to be entirely unsuitable for breeding. The proposed extension area and its immediate surrounds are also considered to be unsuitable for breeding hen harriers, as the landscape is dominated by damp, rough rush pasture interspersed with closely grazed areas. It lacks the dry heather moorland favoured by this species, and does not contain any areas of bracken which are also often used for nesting. Were this species more common, breeding within or around the proposed extension area would still be unlikely.

6.4.3 Likelihood and Magnitude of Disturbance from Proposed Quarry Extension Considering both the suitability of habitat around Heights Quarry and the known population trends for this species, the likelihood of hen harrier occurring and attempting to breed within an area that could be susceptible to disturbance is considered to be negligible. Allowing for any future population recovery during the period covered by the County Durham Plan, the possibility of disturbance is still considered negligible due to the types of habitat present and the fact that nesting activity has never been recorded outside of optimal habitat within the SPA boundary.

It is considered, however, that the species should still be included within precautionary monitoring proposals for the area, as recommended in Section 7.2. This allows for future changes in the habitats within and around the proposed extension area throughout the 20 year plan period.

No significant effects that could impact the integrity of the North Pennine Moors SPA are perceived with regard to hen harriers.

6.5 LIKELY IMPACTS ON MERLIN

6.5.1 Favoured Breeding Habitat and Summary of Known Breeding Records One of the key factors influencing breeding locations for merlin is the availability of open ground for hunting, with dry heather moorland the preferred habitat type (Nature Conservancy Council, 1990). A variety of nest types may be chosen, ranging from scrapes on the ground within areas of heather, to rocky outcrops, to disused crow nests. Nesting has been noted well into woodland, generally conifer plantations, but always in proximity to open moorland habitat. This species has been observed to remain

Middlemarch Environmental Ltd Page 24 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA faithful to traditional breeding sites, however birds may alternate between nesting locations within traditional breeding territories.

Reference to the desktop study data provided by Durham Bird Club indicates a total of 7 records of this species within a 5 km radius of the Heights Quarry site in the past few years. These observations have generally been of individual birds, and include atlas records from the tetrads to the immediate west and north-west of the tetrad containing Heights Quarry. No breeding records from the tetrad containing Heights Quarry were provided.

The Durham county avifauna highlights that the majority of suitable habitat within the county (never less than 75%) is subject to annual monitoring surveys by the DUBSG. This monitoring has revealed that the Durham population has experienced a slight decline since 1990, and that breeding success is variable year-to-year. The population is currently considered to be stable, and it estimated at 32 to 36 breeding pairs.

6.5.2 Suitability of Habitat at Heights Quarry and Proposed Extension Area The habitat present within the existing Heights Quarry site offers some areas of bare rock that could provide suitable breeding habitat for merlins, although it is considered suboptimal due both to the likelihood of disturbance from ongoing quarrying activities and to the lack of proximity to open heather moorland habitat. Large areas of the favoured moorland habitat are present away from Heights Quarry, particularly within the confines of the North Pennine Moors SPA. Anecdotal evidence provided by the quarry manager for Heights Quarry (Glyn Oliver, 2012, Pers. Comm.) indicates that an informal census of birds present within the quarry is kept, and that merlin has not been observed.

The proposed extension area is also considered suboptimal for breeding merlin, as it is dominated by damp, dense rush pasture that is considered unsuitable for nesting. It does, however, abut two small blocks of coniferous plantation that, whilst not in proximity to open heather moorland, could support disused corvid nests that could be used by merlin, although no breeding records are known. It is considered that the proposed extension area is more likely to be used by merlin for hunting, rather than for nesting.

6.5.3 Likelihood and Magnitude of Disturbance from Proposed Quarry Extension The key threats to this species are summarised by the Nature Conservancy Council (1990) as being the direct loss of habitat, the effects of toxic chemicals, and disturbance by man.

The threat from loss of habitat is generally linked to the conversion of optimal heather moorland habitat to either pasture or forest, neither of which are considered to be relevant to the proposed allocation. The habitat within the proposed extension area is suboptimal for ground nesting, therefore its phased loss throughout the plan period is not considered to be of significance to the favourable conservation status of this species. As detailed in Section 6.3.3 however, it is feasible that the habitats present within the proposed extension area could alter over the 20 year plan period, therefore it is considered important that a monitoring regime is implemented. A precautionary recommendation is made in Section 7.2. Middlemarch Environmental Ltd Page 25 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

The effects of toxic chemicals are linked to the accumulation of organic compounds in prey species, arising from the use of agricultural herbicides and pesticides. This can hinder breeding success as a result of direct poisoning of birds, and due to effects on shell formation in eggs, and is a problem that is known for a number of birds of prey including peregrine and sparrowhawk. This problem is less severe than in the past due to controls on chemical usage, and is not considered to be relevant to the proposed quarry extension.

A review of published data does not identify any bespoke research into the disturbance impacts of quarrying on breeding merlins, however the effects of disturbance from forestry operations are better known, and provide useful information regarding the potential impacts of the proposed extension to Heights Quarry. Petty (1995) highlights that forestry operations undertaken in proximity to breeding merlins may disrupt parental activity, resulting in nest desertions or reduced productivity. In the absence of any empirical evidence to the contrary, it is reasonable to assume that ongoing quarrying activities and infrequent blasting may also result in disturbance to breeding activities, should breeding by this species be found to occur. Petty (1995) details how disturbance from forestry activities is mitigated through the implementation of buffer zones around known nest locations in which no activities are permitted in the period April to July.

The likelihood of this species breeding within either the quarry or extension area in the future, and subsequently the likelihood of disturbance to breeding birds, is considered to be low, but it cannot be discounted entirely. Due to the presence of large areas of optimal breeding habitat for this species in the Durham uplands, and particularly within the boundaries of the North Pennine Moors SPA, there should be no reason why the ongoing operation of Heights Quarry and the proposed expansion into the new western area should have any impact on the favourable conservation status of the local merlin population provided that works are undertaken in a manner that is sensitive to the potential presence of this species in the area.

As with the other qualifying species, there is the potential for the suitability of the habitats around Heights Quarry to change throughout the plan period. The recommended monitoring will allow the implications of any such changes in habitat to be assessed.

No significant effects that could impact the integrity of the North Pennine Moors SPA are perceived with regard to merlin.

6.6 LIKELY IMPACTS ON PEREGRINE

6.6.1 Favoured Breeding Habitat and Summary of Known Breeding Records The favoured nesting habitat of the peregrine is coastal, moorland or mountain terrain with undisturbed cliffs or crags which provide potential nesting locations. Peregrines traditionally favoured coastal habitats, however in the late 20th Century they started to move inland to breed, occupying suitable quarry sites during the 1970s and moving into towns and cities in the 1980s (Dixon and Shawyer, No Date).

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Nests tend to comprise a shallow scrape, although birds are occasionally known to use disused nests of other species (Nature Conservancy Council, 1990). A key factor influencing nest sites is the presence of open areas with a plentiful supply of prey items (Ratcliffe, 1990). Hardey et al (2006) detail how the quality of ledges for breeding is a more important determinant of nesting suitability than the size of cliffs or crags available, and large cliffs will be avoided if they fail to provide adequate breeding ledges.

The Durham county avifauna states that the DUBSG has undertaken annual monitoring of known peregrine nest sites within Durham for in excess of 18 years. Seven traditional upland eyries are known, of which four fall within the boundaries of the North Pennine Moors SPA. Recent monitoring data has shown a stark deterioration in breeding success, with only six young known to have fledged from all upland locations over the past eight years. In three of these years, no breeding success at all was noted. Within the boundaries of the SPA no peregrines are known to have fledged since 1999, and no nesting attempts have been made since 2002. By contrast, the same monitoring period has seen a slight increase in nesting attempts in the lowlands. As detailed in Section 5.5, the most recent confirmed breeding record within 5 km of Heights Quarry was at Eastgate Quarry in 2006. This location is approximately 2.3 km to the south-east of the existing Heights Quarry site.

The decline of this species in Durham is attributed to ongoing illegal persecution, as the avifauna highlights that the quality and extent of suitable habitat within the county is more than adequate to support peregrines in significantly higher numbers than currently exist.

6.6.2 Suitability of Habitat at Heights Quarry and Proposed Extension Area The existing Heights Quarry site provides potentially suitable nesting habitat for this species in the form of open cliff faces, although anecdotal evidence provided by the quarry manager (Glyn Oliver, 2012, Pers. Comm.) indicates that the species has not attempted to nest within the quarry. It is possible, however, that the site could be used for nesting in the future, depending upon the suitability of potential nesting ledges and the overall population trends for the species in Durham.

At present, the proposed extension area and its immediate surrounds do not provide any suitable nesting habitat for this species, as they are dominated by rough rush pasture with no open rocky outcrops. It is feasible that the proposed quarry extension could create further suitable nest locations for this species in the future.

6.6.3 Likelihood and Magnitude of Disturbance from Proposed Quarry Extension It is possible that this species could establish a nest site within Heights Quarry in the future, although the lack of any historic breeding activity at the site and the overall dearth of breeding records of this species in Durham make it more likely that birds would attempt to establish nest sites at more optimal locations. Optimal locations would be those with suitable nesting ledges away from human disturbance.

Should this species become established in the quarry it may be susceptible to disturbance from quarrying activities, although the fact that this is a species which readily colonises active quarry sites indicates that it readily acclimatises and becomes tolerant of moderate levels of disturbance. Disturbance is more likely Middlemarch Environmental Ltd Page 27 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA to arise from infrequent high-level disturbance events such as blasting, although breeding pairs regularly fledge young from active quarry sites in which blasting is ongoing during the breeding season. Middlemarch Environmental Ltd has been undertaking an annual census of peregrine nesting activity within an active limestone quarry in south Wales for the last 8 years. This study found that peregrines actively nest within ledges in the quarry face, although usually select sites some distance from where quarrying activities are ongoing. These birds are habituated to general quarry activities, and have regularly raised successful broods. Hextell (2012, Pers Comm.), Principal Ornithologist at Middlemarch Environmental Ltd, reports being present on site when blasting activities were undertaken, which caused no observable reaction from the breeding pair of peregrines.

The most significant way in which quarrying activities could impact upon the favourable conservation status of this species would be by selecting blasting locations too close to a nest, should one become established. Such disturbance may easily be obviated, however, via the implementation of a monitoring programme, the results of which should be used to inform the location and timing of blasting activities on site. This approach would ensure no breach of legislation with regard to disturbing a Schedule 1 bird species, and has been successfully implemented at a variety of other quarry sites. A recommendation regarding monitoring is made in Section 7.2.

The proposed extension of the quarrying activities will not result in the direct loss of any suitable peregrine nesting habitat, although as detailed in Section 6.6.2 the creation of further quarry faces could result in the occurrence of further suitable nesting locations. As with the existing quarry any birds nesting within these areas are likely to become habituated to disturbance, but could be at risk from inappropriately timed and located blasting activity. The same control methods detailed above would allow this risk to be minimised.

Although some disturbance could occur, providing works are appropriately controlled, no significant effects that could impact the integrity of the North Pennine Moors SPA are perceived with regard to peregrine.

6.7 LIKELY IMPACTS ON EURASIAN CURLEW

6.7.1 Favoured Breeding Habitat and Summary of Known Breeding Records In Britain, the favoured breeding habitat of the Eurasian curlew comprises moist, poorly drained moors and heaths, in addition to areas of rough grassland. Birds nest on the ground, laying eggs within a tussock of vegetation (Nature Conservancy Council, 1990).

The Durham county avifauna highlights that the breeding density of this species in the Durham uplands varies greatly as a result of the wide range of habitats used by the species for nesting. A recent estimate based on average population density recordings estimated the breeding population within Durham to be between 2,600 and 6,100 breeding pairs. Monitoring of these species has indicated that, whilst still a common breeding bird in Durham, the population has declined by approximately 38% in the period 1995 to 2008. This mirrors a national decline of approximately 42% over the same period.

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Of the six qualifying species for the North Pennine Moors SPA, the Eurasian curlew is the most numerous as a breeding species within a 5 km radius of the Heights Quarry site. Regular breeding records are known from the tetrads to the west and north-west of the tetrad in which Heights Quarry is located.

6.7.2 Suitability of Habitat at Heights Quarry and Proposed Extension Area The habitats present within the existing Heights Quarry site are dominated by bare rock and are subject to ongoing disturbance from quarrying activities, therefore they are considered to be entirely unsuitable as breeding sites for this species.

Of the six qualifying species discussed in this study however, Eurasian curlew is the most likely to breed within the proposed quarry extension area. This area is dominated by rough, damp rush pasture with areas of grazed pasture, and offers suitable habitat for both breeding and foraging. The habitats beyond the proposed extension area are predominantly the same as those within, and are also considered to provide suitable nesting habitat.

Anecdotal evidence provided by the quarry manager (Glyn Oliver, 2012, Pers. Comm.) indicates that this species is regularly observed in proximity to the existing quarry during nesting season, although no confirmed desk study records were provided.

6.7.3 Likelihood and Magnitude of Disturbance from Proposed Quarry Extension As this species has the potential to breed within the proposed quarry extension area, it is therefore susceptible to disturbance as a result of any movement of quarrying activities into this area. Possible types of disturbance that are considered to be applicable are the loss of suitable nesting habitat, and the potential for direct disturbance to nests that may arise from extending quarrying activities into suitable nesting habitat during the nesting season. Disturbance from ongoing quarrying activities is possible but is unlikely to be significant if works are controlled appropriately.

The potential for direct disturbance to nests is considered to be the most notable way in which the proposed quarry extension could impact upon this species, however it is also easily avoided or mitigated through the appropriate timing of works to avoid key nesting periods. In the absence of suitable mitigation the proposed extension could result in a breach of wildlife legislation with regard to nesting birds, but is unlikely to impact upon the favourable conservation status of this common but declining species.

Loss of potential breeding habitat is not considered to be significant because the total area of suitable habitat that would be lost is a very small proportion of the overall area of suitable nesting habitat in the surrounding landscape, particularly within the North Pennine Moors SPA.

Eurasian curlews are considered likely to experience some disturbance from ongoing quarrying activities in both the existing quarry and proposed extension area, however this is considered unlikely to have a significant impact upon breeding success. Reference to the disturbance gradients for wildfowl and wading bird species shown in Figure 4.1 indicates that medium level continuous disturbance arising from ongoing Middlemarch Environmental Ltd Page 29 Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA quarrying is likely to be tolerated. High-level infrequent disturbance from activities such as blasting may result in birds being displaced for short periods of time, however the site is likely to retain most of its attraction. This view is reinforced by the aforementioned anecdotal evidence from the assistant quarry manager, who reports regular sightings of this species in proximity to the quarry during the nesting season despite ongoing quarrying and blasting activities (Glyn Oliver, 2012, Pers. Comm.). As with other upland bird species which frequently nest in proximity to active industrial sites, habituation to a moderate level of constant disturbance is likely.

Although some disturbance could occur without appropriate mitigation, no significant effects that could impact the integrity of the North Pennine Moors SPA are perceived with regard to curlew. None of the proposed activities would result in a significant loss to breeding populations of this species.

6.8 LIKELY IMPACTS ON DUNLIN

6.8.1 Favoured Breeding Habitat and Summary of Known Breeding Records The Dunlin is a widespread species of the tundra and upland zones. In Britain breeding birds occur in two main habitat types. These are wet upland moors with frequent pools and patches of very short vegetation, e.g. sphagnum bogs, and in coastal zones (Nature Conservancy Council, 1990).

The Durham county avifauna describes dunlin as a scarce but probably under-recorded breeding species. In the early to mid 1990s territorial birds were recorded in a number of locations within the Durham uplands, including locations in the upper Wear valley and around Rookhope, approximately 3.75 km to the north-east of the Heights Quarry site. A total of 10 pairs of birds were recorded at nine sites at this time, and breeding was recorded intermittently until the early 2000s, with a maximum of six pairs recorded during any one year. The county avifauna estimates that at least 10-12 pairs bred in the county in 2009, with most observations currently coming from Bowes Moor (27 km south of Heights Quarry) and around Cow Green Reservoir (14 km southwest of Heights Quarry). No breeding records were provided for a 5 km radius around the Heights Quarry site.

6.8.2 Suitability of Habitat at Heights Quarry and Proposed Extension Area The habitats within the current Heights Quarry site are considered to be entirely unsuitable for nesting by this species, as they are dominated by bare rock and are subject to ongoing disturbance.

The habitat in and surrounding the proposed extension area is also considered to provide suboptimal breeding habitat. It is dominated by rough, tall rush pasture which is generally too dense to be suitable for this species. As with many other ground nesting waders, the dunlin favours an open vista to aid the detection of potential predators, and the majority of vegetation in and around the proposed extension area is unsuitable for this purpose.

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6.8.3 Likelihood and Magnitude of Disturbance from Proposed Quarry Extension Based on the habitat assessment and the lack of known breeding records for this species within 5 km there is no evidence to suggest that the proposed continuation of quarry activities and possible future extension will result in disturbance to breeding dunlin.

Even if suitable breeding habitat was found to occur in proximity to the proposed extension area it is considered unlikely that the proposed activities would result in significant disturbance based upon the gradient for severity of disturbance for wildfowl and wading birds provided in Figure 4.1 as discussed previously.

The proposed activities are not considered likely to result in a significant effect on the breeding success of this species, either within or outside of the North Pennine Moors SPA. It is understood, however, that because the current assessment is required to inform a plan that could be implemented over a period of 20 years, changes in land use during this time may alter the habitat suitability for breeding dunlin and, subsequently, change the likelihood of disturbance. A precautionary recommendation regarding future monitoring is made in Section 7.2.

No significant effects that could impact the integrity of the North Pennine Moors SPA are perceived with regard to dunlin.

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7. CONCLUSIONS AND RECOMMENDATIONS

7.1 SUMMARY OF LIKELY IMPACTS ON QUALIFYING SPECIES Likely impacts on the six qualifying species for the North Pennine Moors SPA are summarized in Table 7.1.

Suitability of Breeding Likely Significant Impact Species Habitat in Quarry and Risk of Disturbance Possible Type of Disturbance to SPA Integrity? Extension Area Potential minor displacement from Golden Plover Unsuitable Low No supplementary feeding locations. Hen Harrier Unsuitable Negligible None anticipated. No Merlin Suboptimal Low None anticipated. No Possible disturbance from quarrying Suitable, although species is No, but monitoring Peregrine Low-Moderate activities should species become now very rare in Durham. required. established in future. Direct disturbance to breeding birds through inappropriate timing of works. Minor loss of No, but monitoring Eurasian Curlew Suitable Moderate breeding habitat. Minor disturbance from required. quarrying activities. Dunlin Unsuitable Negligible None anticipated. No Table 7.1: Summary of Likely Impacts of Ongoing Quarrying and Proposed Extension on SPA Qualifying Species

Based on the existing habitats present within Heights Quarry, the proposed extension area and its immediate surrounds, the proposed allocation is considered highly unlikely to significantly impact upon the integrity of the SPA. Habitat is considered to be either completely unsuitable or suboptimal for breeding by four of the six qualifying species (golden plover, hen harrier, merlin and dunlin) therefore the risk of disturbance to these species is low.

Suitable breeding habitat for peregrine and Eurasian curlew is present within the study area, therefore it is possible that both of these species could be subject to disturbance in the absence of appropriate mitigation. The level of disturbance perceived is unlikely to be of significance to the integrity of the SPA; however it could result in a breach of wildlife legislation with regard to nesting birds. It is considered that the potential for disturbance to these species may be obviated

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Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA through the implementation of a programme of monitoring, the results of which should be used to inform a protocol for undertaking quarrying activities in a way which will avoid disturbance to any birds breeding within or in proximity to the site. Recommendations regarding monitoring and the production of a strategy to manage works in proximity to bird species are made in Section 7.2.

The implementation of monitoring will allow the impacts of changes in land use throughout the plan period to be assessed.

7.2 RECOMMENDATIONS

R1 Prior to any extension of quarrying works into the allocated area a programme of breeding bird monitoring should be designed and implemented. The purpose of this monitoring should be to provide an up-to-date assessment of the breeding status of the six qualifying species within the zone of influence of the quarry and extension area, taking into account any changes in land use throughout the plan period.

The precise scope of monitoring required will depend upon timescales for the proposed quarry expansion, but as a minimum requirement two-yearly breeding bird surveys of the quarry and proposed extension area are recommended, incorporating a suitable buffer around both. For higher risk species such as peregrine and curlew, annual inspections of proposed disturbance areas would be appropriate to allow suitable recommendations to be made to ensure no legislation is breached.

Any monitoring strategy should be agreed with the local authority prior to any works commencing.

R2 A Bird Risk Management Plan should be produced. This document will be based upon the findings of the bird monitoring surveys, and will provide control measures to ensure that the ongoing operation of the quarry and proposed extension area do not cause undue disturbance or breaches of legislation with regard to the SPA qualifying species and other bird species. Control measures will include, for example, appropriate timings for sensitive site activities to avoid breaching legislation with regard to qualifying breeding birds.

This document will remain live throughout the operational life of the quarry, and will be subject to regular iteration based upon the findings of the bird monitoring programme.

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Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

REFERENCES AND BIBLIOGRAPHY

Brown, A and Grice, P. (2005). Birds in England. T & A D Poyser.

Cramp, S. (Ed). (1983). Handbook of the Birds of Europe, the Middle East and North Africa: The Birds of the Western Palearcitc – Volume III Waders to Gulls. Oxford University Press, Oxford.

Dixon and Shawyer (No Date). Peregrine Falcons: Advice Note for Conservation Organisations, Local Authorities and Developers. Available: http://www.lbp.org.uk/downloads/Publications/Management/peregrine_nest-box_advice.pdf

Durham Bird Club (2012). The Birds of Durham. Durham Bird Club.

E3 Ecology (2009). Mapping Sensitive areas for Birds within Stockton and Five Districts of County Durham.

English Nature. (1997) ‘Habitat Regulations Guidance Note 1: The Appropriate Assessment (Regulation 48) The Conservation (Natural Habitats &c.) Regulations,1994’.

English Nature. (1999). ‘Habitat Regulations Guidance Note 3: The Determination of Likely Significant Effect under The Conservation (Natural Habitats &c.) Regulations 1994’.

English Nature. (2000). ‘Special Protection Areas and the Habitat Regulations’. Birds Networks Information Note. English Nature, Peterborough. Minor revisions made in 2002.

English Nature. (2001). ‘Habitat Regulations Guidance Note 4: Alone or in Combination’.

European Commission. (2000). ‘Managing Natura 2000 Sites: The Provision of Article 6 of the ‘Habitats’ Directive 92/43/EEC’.

European Commission (2007). Management Plan for Curlew 2007 – 2009. Technical Report 003.

Finney, SK., Pearce-Higgins JW. and Yalden, DW. (2005). The effect of recreational disturbance on an upland breeding bird, the golden plover Pluvialis apricaria. Biological Conservation, 121, 53-63.

Fuller, R. J. (1982). Bird Habitats in Britain. T & A D Poyser.

Gilbert et al. (1998). Bird Monitoring Methods. RSPB. et al.

Hardey et al (2006). Raptors – A Field Guide to Survey and Monitoring. The Stationary Office. Edinburgh.

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Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

Hill, D. (1992). ‘The impact of noise and artificial light on waterfowl behaviour: a review and synthesis of available literature’. British Trust for Ornithology.

Hill, D., Hockin, D, Price, D., Tucker, G., Morris, R. and Treweek, J. (1997). ‘Bird disturbance: improving the quality and utility of disturbance research’. Journal of Applied Ecology. 34. pp 275-288.

Hockin, D., Ounsted, M., Gorman, M., Hill, D., Keller, V. and Barker, M. A. (1992). ‘Examination of the effects of disturbance on birds with reference to its importance in ecological assessments’. Journal of Environmental Management. 36. pp 253-286.

Holling, M. and Rare Breeding Birds Panel. (2011). ‘Rare Breeding Birds in the United Kingdom in 2009’. British Birds 104.

Nature Conservancy Council (1990). Red Data Birds in Britain: Action for Rare, Threatened and Important Species. T & AD Poyser.

Oxford Brookes University. (2001). ‘Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological Guidance on the provisions of Article 6(3) and 6(4) of the ‘Habitats’ Directive 92/43/EEC. European Commission DG Environment.’

Pearce-Higgins JW., Finney SK., Yalden DW and Yalden DW. (2007). ‘Testing the effects of recreational disturbance on two upland breeding waders’. Ibis, 149, 45-55.

Petty, S.J. (1995). ‘Merlins and Forestry’. Research Information Note 254. The Forestry Commission.

Ratcliffe, D. (1990). Bird Life of Mountain and Upland. Cambridge University Press.

Watson, D. (1977). The Hen Harrier. T & AD Poyser.

White, P.S. and Pickett, S.T.A. (1985). The Ecology of Natural Disturbance and Patch Dynamics. Academic Press.

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APPENDICES

APPENDIX 1: Middlemarch Environmental Ltd Drawing C112403-01 Site Location Plan and Proximity to SPA

APPENDIX 2: County Durham Sensitive Bird Areas Plan, North Pennine Moors SPA Citation and Conservation Objectives

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APPENDIX 1 Middlemarch Environmental Ltd Drawing C112403-01 Site Location Plan and Proximity to SPA

Middlemarch Environmental Ltd Page 37 390000 391000 392000 393000 394000 395000 396000 C112403-01

0 0.5 1 2 km Legend North Pennine Moors (SPA) 541000 541000 Approximate boundary of existing quarry Approximate boundary of proposed quarry extension

540000 2.13 km 540000

2.28 km 539000 539000

350000 375000 400000 425000 450000 538000 538000 3.58 km 550000 550000 537000 537000 525000 525000 $

Client Project Aggregate Industries Heights Quarry, County Durham Drawing Drawing Number

500000 500000 Site Location Plan and Proximity to SPA C112403-01 Revision Date 00 August 2012 Scale at A3 Drawn By 536000 536000 1:25,000 JS Approved By Notes TD - 475000 475000

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ T:01676 525880 F:01676 521400 0 25 50 km E:[email protected]

This map is reproduced from the Ordance Survey material with the permission of Ordnance Survey on behalf

535000 535000 of The Controller of Her Majesty's Stationary Office. © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution of civil proceedings. Licence Number: 100040519

450000 450000 Service Layer Credits: Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, iPC, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), and the GIS User 350000 390000 375000 400000391000 425000 392000 450000 393000 394000 395000 396000 Community Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

APPENDIX 2 County Durham Sensitive Bird Areas Plan, North Pennine Moors SPA Citation and Conservation Objectives

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UK SPA data form

NATURA 2000 STANDARD DATA FORM FOR SPECIAL PROTECTION AREAS (SPA) FOR SITES ELIGIBLE FOR IDENTIFICATION AS SITES OF COMMUNITY IMPORTANCE (SCI) AND FOR SPECIAL AREAS OF CONSERVATION (SAC)

1. Site identification:

1.1 Type J 1.2 Site code UK9006272

1.3 Compilation date 200102 1.4 Update

1.5 Relationship with other Natura 2000 sites U K 0 0 1 4 7 7 4 U K 0 0 3 0 0 3 3

1.6 Respondent(s) International Designations, JNCC, Peterborough

1.7 Site name North Pennine Moors

1.8 Site indication and designation classification dates date site proposed as eligible as SCI date confirmed as SCI date site classified as SPA 200102 date site designated as SAC

2. Site location: 2.1 Site centre location longitude latitude 02 14 49 W 54 39 24 N

2.2 Site area (ha) 147246.41 2.3 Site length (km)

2.5 Administrative region NUTS code Region name % cover

UK12 Cumbria 19.18% UK112 Durham 31.74% UK22 North Yorkshire 32.16% UK131 Northumberland 16.92%

2.6 Biogeographic region X Alpine Atlantic Boreal Continental Macaronesia Mediterranean

North Pennine Moors Standard Natura 2000 Data Form Page 1 of Produced by JNCC. Version 1.1, 05/05/06 UK SPA data form 3. Ecological information:

3.1 Annex I habitats Habitat types present on the site and the site assessment for them:

Annex I habitat % cover Representati Relative Conservation Global vity surface status assessment

3.2 Annex I birds and regularly occurring migratory birds not listed on Annex I Population Site assessment Resident Migratory Code Species name Breed Winter Stage Population Conservation Isolation Global A082 Circus cyaneus 11 P C B A098 Falco columbarius 136 P B C A103 Falco peregrinus 15 P C C >140 A140 Pluvialis apricaria B C 0 P

4. Site description:

4.1 General site character

Habitat classes % cover Marine areas. Sea inlets Tidal rivers. Estuaries. Mud flats. Sand flats. Lagoons (including saltwork basins) Salt marshes. Salt pastures. Salt steppes Coastal sand dunes. Sand beaches. Machair Shingle. Sea cliffs. Islets Inland water bodies (standing water, running water) Bogs. Marshes. Water fringed vegetation. Fens 51.0 Heath. Scrub. Maquis and garrigue. Phygrana 42.0 Dry grassland. Steppes Humid grassland. Mesophile grassland 6.5 Alpine and sub-alpine grassland Improved grassland Other arable land Broad-leaved deciduous woodland 0.5 Coniferous woodland Evergreen woodland Mixed woodland Non-forest areas cultivated with woody plants (including orchards, groves, vineyards, dehesas) Inland rocks. Screes. Sands. Permanent snow and ice Other land (including towns, villages, roads, waste places, mines, industrial sites) Total habitat cover 100% 4.1 Other site characteristics

Soil & geology: Acidic, Nutrient-poor, Peat, Sandstone, Sedimentary Geomorphology & landscape: Montane, Upland

North Pennine Moors Standard Natura 2000 Data Form Page 2 of Produced by JNCC. Version 1.1, 05/05/06 UK SPA data form

4.2 Quality and importance

ARTICLE 4.1 QUALIFICATION (79/409/EEC) During the breeding season the area regularly supports:

2.2% of the GB breeding population Circus cyaneus Count as at 1993 and 1994

10.5% of the GB breeding population Falco columbarius Estimated population

1.3% of the GB breeding population Falco peregrinus Count as at 1991

Pluvialis apricaria at least 6.2% of the GB breeding population (North-western Europe - breeding) Estimated population

ARTICLE 4.2 QUALIFICATION (79/409/EEC)

4.3 Vulnerability The North Pennine Moors covers nearly 150,000 hectares and is largely heather moorland, either as blanket bog or drier heathland, with smaller associated areas of wetland, grassland, bracken, scrub, woodland and cliff. The habitats and qualifying breeding bird populations are mostly dependant upon stock grazing and burning at sympathetic levels. The continuation of these practices relies on their profitability, including any subsidy or incentive payments. Over-grazing, over-burning and other forms of intensive agricultural or sporting management (e.g. drainage) may be damaging. These issues are being partly addressed through management agreements and related incentives. Further legislation relating to Common land and reform of the Common Agricultural Policy would achieve sustainable solutions.

Recreational activity may be problematic but is addressed through Site Management Statements and through continuing working with Local Authorities to manage access. There is evidence that acidic and nitrogen deposition are having damaging effects on the vegetation and hence on the bird populations. Such issues are being addressed through existing pollution control mechanisms. Within this large site there is scope to enhance many of the more natural habitats and species whilst maintaining the core SPA interests.

5. Site protection status and relation with CORINE biotopes:

5.1 Designation types at national and regional level Code % cover UK01 (NNR) 5.0 UK04 (SSSI/ASSI) 100.0

North Pennine Moors Standard Natura 2000 Data Form Page 3 of Produced by JNCC. Version 1.1, 05/05/06

European Site Conservation Objectives for North Pennine Moors Special Protection Area Site Code: UK9006272

With regard to the individual species and/or assemblage of species for which the site has been classified („the Qualifying Features‟ listed below);

Avoid the deterioration of the habitats of the qualifying features, and the significant disturbance of the qualifying features, ensuring the integrity of the site is maintained and the site makes a full contribution to achieving the aims of the Birds Directive.

Subject to natural change, to maintain or restore:

 The extent and distribution of the habitats of the qualifying features;  The structure and function of the habitats of the qualifying features;  The supporting processes on which the habitats of the qualifying features rely;  The populations of the qualifying features;  The distribution of the qualifying features within the site.

Qualifying Features:

A082 Circus cyaneus; Hen harrier (Breeding) A098 Falco columbarius; Merlin (Breeding) A103 Falco peregrinus; Peregrine falcon (Breeding) A140 Pluvialis apricaria; European golden plover (Breeding)

Additional Qualifying Features Identified by the 2001 UK SPA Review:

A149 Calidris alpina alpina; Dunlin (Breeding) A160 Numenius arquata; Eurasian curlew (Breeding)

Explanatory Notes: European Site Conservation Objectives

European Site Conservation Objectives are those referred to in the Conservation of Habitats and Species Regulations 2010 (the “Habitats Regulations”) and Article 6(3) of the Habitats Directive 1992. They are for use when either the appropriate nature conservation body or competent authority is required to make an Appropriate Assessment under the relevant parts of the respective legislation.

These conservation objectives are set for each bird feature for a Special Protection Area (SPA). Where the objectives are met, the site can be said to demonstrate a high degree of integrity and the site itself makes a full contribution to achieving the aims of the Birds Directive for those features. On the first page of this document there may be a list of „Additional Qualifying Features identified by the 2001 UK SPA Review‟. These are additional features identified by the UK SPA Review published in 2001 and, although not yet legally classified, are as a matter of Government policy treated in the same way as classified features.

This document is also intended for those who are preparing information to be used for an appropriate assessment by either the appropriate nature conservation body or a competent authority. As such this document cannot be definitive in how the impacts of a project can be determined. Links to selected sources of information, data and guidance which may be helpful can be found on Natural England‟s website. This list is far from exhaustive.

Heights Quarry and Proposed Western Extension RT-MME-112403 Information to Inform Appropriate Assessment Screening for North Pennine Moors SPA

MIDDLEMARCH ENVIRONMENTAL LTD QUALITY ASSURANCE

HEIGHTS QUARRY AND PROPOSED WESTERN EXTENSION, WEARDALE, COUNTY DURHAM

INFORMATION TO INFORM HABITAT REGULATIONS APPROPRIATE ASSESSMENT SCREENING FOR NORTH PENNINE MOORS SPA

A Report to Aggregate Industries / Durham County Council

Contract Number: C112403 Report Number: RT-MME-112403 Revision Number: 00 Description: Final Date: August 2012

Checked by:

David Smith Ecology and Landscapes Director

Approved by:

Dr Philip Fermor Managing Director

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