Welsh Government M4 Corridor around Newport Environmental Statement Volume 1 Chapter 10: Ecology and Nature Conservation M4CAN-DJV-EBD-ZG_GEN--REP-EN-0021.docx At Issue | March 2016 CVJV/AAR 3rd Floor Longross Court, 47 Newport Road, Cardiff CF24 0AD Welsh Government M4 Corridor around Newport Environmental Statement Volume 1 Contents Page 10 Ecology and Nature Conservation 10-1 10.1 Introduction 10-1 10.2 Legislation and Policy Context 10-2 10.3 Assessment Methodology 10-10 10.4 Baseline Environment 10-45 Statutory Designated Sites 10-45 Non-Statutory Designated Sites 10-49 Nature Reserves 10-52 Habitats 10-52 Species (Flora) 10-76 Species (Fauna) 10-80 Invasive Alien Species 10-128 Summary Evaluation of Ecological Baseline 10-132 Ecological Units 10-135 Future Baseline Conditions 10-136 10.5 Ecological Mitigation and Monitoring 10-140 10.6 Effects Resulting from Changes in Air Quality 10-159 10.7 Assessment of Land Take Effects 10-165 Designated Sites 10-166 Rivers (Usk and Ebbw) 10-171 Reens, Ditches, Reedbeds and Ponds 10-173 Grazing Marsh 10-182 Farmland 10-187 Industrial Land 10-196 Bats 10-200 Breeding Birds 10-203 Wintering Birds 10-204 Complementary Measures 10-206 10.8 Assessment of Construction Effects 10-206 Designated Sites 10-206 Rivers (Usk and Ebbw) 10-210 Reens, Ditches, Reedbeds and Ponds 10-226 Grazing Marsh 10-245 Farmland 10-249 Industrial Land 10-260 Bats 10-263 Breeding Birds 10-291 Wintering Birds 10-292 Welsh Government M4 Corridor around Newport Environmental Statement Volume 1 Complementary Measures 10-295 10.9 Assessment of Operational Effects 10-295 Designated Sites 10-295 Rivers (Usk and Ebbw) 10-300 Reens, Ditches, Reedbeds and Ponds 10-305 Grazing Marsh 10-317 Farmland 10-322 Industrial Land 10-329 Bats 10-332 Breeding Birds 10-338 Wintering Birds 10-340 Complementary Measures 10-342 10.10 Assessment of Cumulative Effects 10-343 10.11 Inter-relationships 10-343 10.12 Summary of Residual Effects 10-344 Welsh Government M4 Corridor around Newport Environmental Statement Volume 1 10 Ecology and Nature Conservation 10.1 Introduction This chapter of the Environmental Statement (ES) sets out the assessment of effects on ecology and nature conservation. The assessment includes the following. Sites designated for their nature conservation importance (international, national and local). Habitats present. Protected or otherwise notable species. Road schemes can affect biodiversity in various ways. There are a number of areas of potential impact that are relevant to most new road proposals and these include the following. Effects of Land Take Direct loss of wildlife habitats through land take. Severance and/or fragmentation where a scheme may create a barrier and divide existing habitats or affect the continuity of wildlife corridors such as hedgerows. Effects of Construction Road construction works can result in disturbance of sensitive species. There is also a risk of water pollution as a result of runoff from construction areas. Although the works are temporary the potential effects can be significant. Effects of the Operational Road Wildlife casualties where animals are killed crossing the road. This can be a particular problem for animals that use traditional routes such as foraging badgers and breeding amphibians. Some birds, such as barn owls, are attracted to road verges by small mammal prey and are vulnerable. Disruption of hydrology may affect wetland sites and watercourses. Polluted runoff from roads may affect downstream watercourses. Road structures such as bridges and embankments, which reduce visibility, may have a deterrent effect on species that prefer large open areas such as large waders and flocks of wildfowl. Road lighting can adversely affect invertebrates and disorientate birds. Air pollutants from road traffic may affect sensitive species and can result in changes in plant communities. Spray from road traffic containing de-icing salt can affect sensitive species. Within about 2 metres (m) of the carriageway a characteristic salt tolerant plant community may develop which in some areas includes species normally found in coastal saltmarshes. Chapter 10: Ecology and Nature Conservation 10-1 March 2016 Welsh Government M4 Corridor around Newport Environmental Statement Volume 1 The effects of land take, construction and the operational phase of the Scheme are considered and the significance of the likely ecological and nature conservation effects assessed within this chapter. An Assessment of Implications (of highways and/or roads projects) on European Sites (AIES) has also been carried out in accordance with the provisions of the Conservation of Habitats and Species Regulations 2010 and following the guidance of the Design Manual for Roads and Bridges (DMRB) Volume 11, Section 4, Part 1 (HD44/09) (Highways Agency, 2009) and is reported separately (Welsh Government, 2016a). 10.2 Legislation and Policy Context Relevant Legislation The following relevant UK legislation has been considered within this assessment. The Conservation of Habitats and Species Regulations 2010. The Countryside and Rights of Way Act 2000. Wildlife and Countryside Act 1981 (as amended). The Natural Environment and Rural Communities (NERC) Act 2006. The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003. Eels (England and Wales) Regulations 2009. Hedgerows Regulations 1997. The Protection of Badgers Act 1992. EC Directives 2009/147/EC on the Conservation of Wild Birds (the Birds Directive) and 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive) are also relevant. These are implemented in the UK principally through the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010. The Welsh Government has particular responsibilities with respect to Sites of Special Scientific Interest (SSSIs) under section 28G of the Wildlife and Countryside Act 1981. An authority to which this section applies has the duty of exercising its functions to take reasonable steps, consistent with the proper exercise of those functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is notified as being of special scientific interest. All wild birds, their nests and eggs are protected under Part 1, Section 1 of the Act. Birds listed in Schedule 1 of the Act are subject to special protection. Wild animals listed in Schedule 5 are protected under Section 9. Plants listed in Schedule 8 are protected under Section 13 of the Act. The Birds Directive provides a framework for the conservation and management of, and human interactions with, all wild birds in Europe. Birds listed in Annex 1 are afforded special protection. Chapter 10: Ecology and Nature Conservation 10-2 March 2016 Welsh Government M4 Corridor around Newport Environmental Statement Volume 1 The main aim of the Habitats Directive is to promote the maintenance of biodiversity by requiring Member States to take measures to maintain or restore natural habitats and wild species listed in the Annexes to the Directive at a favourable conservation status, introducing robust protection for those habitats and species of European importance. Member States are required to take requisite measures to establish a system of strict protection for the animal species listed in Annex IV (a) and plant species in Annex IV (b). Under Section 40 of the Natural Environment and Rural Communities Act 2006, the Welsh Government must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat. The Welsh Government must in particular have regard to the United Nations Environmental Programme Convention on Biological Diversity 1992. Section 42 of the Act requires the Welsh Government, in consultation with Natural Resources Wales (NRW), to publish and keep under review and revise as appropriate, a list of the living organisms and types of habitat which in its opinion are of principal importance for the purpose of conserving biodiversity. Without prejudice to the duties under section 40, the Assembly must: ‘(a) take such steps as appear to the Assembly to be reasonably practicable to further the conservation of the living organisms and types of habitat included in any list published under this section, or (b) promote the taking by others of such steps.’ The Well-being of Future Generations (Wales) Act 2015 includes a number of well-being goals (Part 2 Section 4), the second of which is ‘A resilient Wales’ described as: ‘A nation which maintains and enhances a biodiverse natural environment with healthy functioning ecosystems that support social, economic and ecological resilience and the capacity to adapt to change (for example climate change).’ Part 2 Section 3 of the Act places a well-being duty on public bodies (which include the Welsh Ministers) requiring that: ‘(1) Each public body must carry out sustainable development. (2) The action a public body takes in carrying out sustainable development must include— (a) setting and publishing objectives (“well-being objectives”) that are designed to maximise its contribution to achieving each of the well- being goals, and (b) taking all reasonable steps (in exercising its functions) to meet those objectives.