HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY 9 ECOLOGY AND NATURE CONSERVATION 9.1 Introduction 9.1.1 This chapter provides the assessment of the potential effects of the construction and operation phases of the Scheme on Ecology and Nature Conservation. A desk-based study and field surveys, undertaken between 2009 and 2015, have been used to underpin this assessment. Technical supporting data are provided in Appendix 9.1 and Confidential Appendix 9.2. In view of the long design-life of the Scheme (30 years for new gantries, 40 years for new carriageway construction, and 120 years for new bridges), and as no impacts are predicted during the decommissioning phase of the Scheme which have not already been identified and assessed for the construction and operational phases, effects as a result of decommissioning have been scoped out of this assessment. 9.1.2 The assessment has been undertaken for the following receptors: statutory and non-statutory designated sites, habitats and plants, terrestrial invertebrates, amphibians, reptiles, birds, bats, dormice ( Muscardinus avellanarius ), water voles ( Arvicola terrestris ), otters ( Lutra lutra ), and badgers ( Meles meles ). 9.1.3 To prevent unnecessary injury or death to badgers and having regard to the Protection of Badgers Act 1992, all information related to badgers (including survey methodology, baseline information, mitigation and residual effects and cumulative effects), is presented in Confidential Appendix 9.2. Release of Confidential Appendix 9.2 will only be to the Planning Inspectorate (the “Inspectorate”), and on request from suitably qualified professionals. 9.1.4 Direct and indirect effects on nature conservation as a result of the Scheme have been considered. These include, but are not limited to, disturbance, injury or killing of individuals, and destruction or fragmentation of habitats including, noise disturbance and pollution (air quality and surface/ground water pollution). ENVIRONMENTAL STATEMENT CHAPTER 9 ECOLOGY AND NATURE CONSERVATION MARCH 2015 PAGE 9-1 HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY 9.1.5 This chapter details the methodology followed for the assessment, and summarises the regulatory and policy framework relating to nature conservation. It then discusses Scheme-wide considerations which outline both where receptors are present within the study area and generic mitigation. Following this, the baseline, specific mitigation and residual effects of the Scheme are discussed for each link of the Scheme from west (junction 12) to east (junction 3). Cumulative effects are then discussed, followed by limitations encountered in compiling the assessment. Finally, a summary table is provided. 9.1.6 All drawings referenced within this chapter are presented in Document Reference 6.2 (ES Figures), and all appendices referenced in this chapter are presented in Document Reference 6.3 (ES Appendices). 9.2 Methodology General approach 9.2.1 The assessment methodology has been based on the guidance provided in the Institute of Ecology and Environmental Management ("IEEM") Guidelines (Ref 9-1), which focus on those activities that could potentially generate significant effects on valued receptors, in accordance with Design Manual for Roads and Bridges (“DMRB”) Volume 11, Section 3, Part 4, ‘Ecology and Nature Conservation’ (Ref 9-2) and Interim Advice Note (“IAN”) 130/10 ‘Ecology and Nature Conservation: Criteria for Impact Assessment’ (Ref 9-3). In line with the IEEM Guidelines’ requirements, this chapter makes reference to desk-based and field survey work previously undertaken in order to assist the assessment process. 9.2.2 When applying the methodologies set out below, professional judgement has been used in the: valuation of receptors; characterisation of effects; assessment of the likely success of mitigation measures to address these effects; and assessment of the likely residual effects after mitigation. 9.2.3 The approach to defining the baseline and assessing effects is set out below. 9.2.4 Throughout the chapter, specific locations are referred to by chainages and Target Notes ("TN"). Chainages are shown at every 100m along the motorway on Drawing 9.2. TNs provide additional information to support the phase 1 survey and are shown on Drawing 9.2. The ‘soft estate’ is referenced throughout the chapter; this term refers to all vegetated land inside the existing motorway boundary fence. ENVIRONMENTAL STATEMENT CHAPTER 9 ECOLOGY AND NATURE CONSERVATION MARCH 2015 PAGE 9-2 HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY Consultation 9.2.5 Natural England (“NE”) and local authorities were consulted on the Scoping Report and Preliminary Environmental Information Report. This included a teleconference on 11 February 2015. Study area 9.2.6 The study area for this assessment has been defined by determining the zone of influence of the Scheme in relation to each of the receptors, including the extent to which direct effects caused by land take and habitat loss may be experienced by those receptors and the extent of indirect effects, such as receptors’ prey species being affected by the Scheme. 9.2.7 The zone of influence is different for each of the receptors assessed and, therefore, the study area has been defined for each one in turn in Table 9.1 and are shown on Drawing 9.1. The data search study areas listed in the table below are measured from the edge of carriageway, unless stated otherwise. The study area is larger for desk-based searches as this provides a wider understanding of what species are likely to be using the field survey study area and Order limits. 9.2.8 Throughout the link-by-link description, where designated sites or species fall within the study area of two links, these are considered in both links. ENVIRONMENTAL STATEMENT CHAPTER 9 ECOLOGY AND NATURE CONSERVATION MARCH 2015 PAGE 9-3 HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY Table 9.1: Study areas Data Search Field Survey Receptors Justification Study Area Study Area 1 Designated 2km from See chapter 6 Air Data search study Sites Order limits Quality area was in 30km from accordance with Order limits DMRB Volume 11, for SACs Section 4, Part 1, designated HD44/09 (Ref 9-4) for bats Any sites considered to be hydrologically linked to the Scheme via surface or ground water Non-Statutory 500m N/A Data search study Designated area was decided Sites based upon professional judgement and consideration of anticipated zone of influence. Habitats & 1km Habitats within the Study areas were Plants Order limits decided based upon professional judgement and consideration of anticipated zone of influence. 1 Access to construction compounds 5, 8 and 9 within the Order limits has not been obtained and is still being pursued. See para. 9.15.4 for further details. ENVIRONMENTAL STATEMENT CHAPTER 9 ECOLOGY AND NATURE CONSERVATION MARCH 2015 PAGE 9-4 HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY Data Search Field Survey Receptors Justification Study Area Study Area 1 Schedule 9 N/A Habitats within the Study areas were Invasive Plant Order limits decided based upon Species professional judgement and consideration of anticipated zone of influence. Invertebrates 1km Habitat suitability Study areas were assessment: Order decided based upon limits professional judgement and consideration of anticipated zone of influence. Amphibians 1km Habitat Suitability Data search study Index ("HSI") survey: area based upon 500m from the Order consideration of zone limits of influence. Pond surveys, where Field survey study HSI score greater than areas were decided in average: 250m from accordance with edge of carriageway DMRB Volume 10, Section 4, Part 6 (Ref 9-5) and NE Great Crested Newt Survey Guidelines (Ref 9-6). ENVIRONMENTAL STATEMENT CHAPTER 9 ECOLOGY AND NATURE CONSERVATION MARCH 2015 PAGE 9-5 HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY Data Search Field Survey Receptors Justification Study Area Study Area 1 Reptiles 1km Habitat suitability Data search study assessment: Order area based upon limits consideration of zone Reptile surveys: of influence. optimal or Suitable habitat within representative habitat the field survey study within the existing area for reptiles was Highways Agency (the identified in “Agency”) estate 2 accordance with DMRB Volume 10 Section 4 Part 7 (Ref 9-7) Birds 1km Bird nesting habitat Study areas were assessment: Order decided based upon limits professional judgement and consideration of anticipated zone of influence. Bats 1km Inspection survey: All Data search study structures and trees area based upon within Order limits consideration of zone Emergence survey: of influence. structures and trees Field survey study identified as having area was in potential for roosting accordance with bats within Order limits DMRB Volume 10, Section 4, Part 3 (Ref 9-8). Dormouse 1km Habitat suitability Study areas were assessment: Order decided based upon limits professional Dormice surveys: judgement and optimal habitat within consideration of Order limits anticipated zone of influence. 2 In almost all circumstances the Agency’s estate represents better habitat than that which is outside its ownership. For assessment purposes, the adjacent land has been assumed to perform at least as well as the Agency’s estate; and this enables a high degree of confidence in the assessment. ENVIRONMENTAL STATEMENT CHAPTER 9 ECOLOGY AND NATURE CONSERVATION MARCH 2015 PAGE 9-6 HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY Data Search Field Survey Receptors