Norfolk Vanguard Offshore Wind Farm Onshore Ecology Clarification Notes - Position Statement Document Reference: ExA; ISH4; 10.D6.9 Deadline 6 Date: 05 April 2019 Photo: Kentish Flats Offshore Wind Farm Table of Contents 1 Summary of Onshore ecology Clarification Notes .......................................... 1 1.1 Introduction ................................................................................................. 1 1.2 Clarification Note – Water Dependent Designated Sites ................................ 1 1.3 Clarification Note – Bat Impact Assessment – Paston Great Barn Special Area of Conservation (SAC) ................................................................................... 1 1.4 Clarification Note – Sediment Management at the River Wensum crossing ... 2 1.5 Clarification Note – Other Outstanding Issues ............................................... 4 Appendix 1 – Norfolk Vanguard Clarification Notes ........................................................... 5 Appendix 2 - Natural England’s responses ....................................................................... 10 Position Statement Norfolk Vanguard Offshore Wind Farm April 2019 Page i 1 SUMMARY OF ONSHORE ECOLOGY CLARIFICATION NOTES 1.1 Introduction 1. During the Issue Specific Hearing on Environmental Matters (ISH4) on 27 March 2019, the Examining Authority (ExA) requested a position statement regarding outstanding issues following Natural England’s response to four clarification notes produced by the Applicant in relation to onshore ecology (Action Point 13). This position statement sets out the process that will be undertaken to progress these remaining issues. 2. A copy of the four clarification notes are included as Appendix 1 and Natural England’s responses are provided in Appendix 2. 1.2 Clarification Note – Water Dependent Designated Sites • First version issued to Natural England – 30.11.2018 • Natural England’s advice received – 08.01.2019 • Telecon to discuss Natural England’s comments – 22.01.2018 • Second version issued to Natural England – 27.02.2019 • Telecon to discuss content of clarification note – 27.02.2019 • Natural England’s advice received – 18.03.2019 (captured in Applicant’s responses to Examiners second written questions) 1.2.1 Natural England’s response “Concerns withdrawn Following receipt of further information on 27 February 2019 Natural England is satisfied that the specific issues we have raised in previous correspondence relating to the assessment of impacts to water dependant designated sites have been resolved.” 1.2.2 Applicant’s approach 3. No further action required. 1.3 Clarification Note – Bat Impact Assessment – Paston Great Barn Special Area of Conservation (SAC) • First version issued to Natural England – 30.11.2018 • Natural England’s advice received – 22.01.2019 • Telecon to discuss Natural England’s comments – 22.01.2018 • Second version issued to Natural England – 27.02.2019 • Telecon to discuss content of clarification note – 27.02.2019 • Natural England’s advice received – 20.03.2019 (captured in Applicant’s responses to Examiners second written questions) Position Statement Norfolk Vanguard Offshore Wind Farm April 2019 Page 1 1.3.1 Natural England’s response “Concerns withdrawn Following receipt of further information on 27 February 2019 Natural England is satisfied that the specific issues we have raised in previous correspondence relating to the assessment of bats at Paston Great Barn SAC have been resolved. We advise that, as a requirement of the development, that prior to removal of hedgerows, an OLEM/EMP is developed in consultation with Natural England. The plan should include for the improvement of the hedgerows either side of the section to be removed including any gapping up, tree management and the development of scrub/rough grassland margins. The mitigation plan should be in place for 7 years or until the original hedgerow has recovered fully. Consideration could be given within the OLEM/EMP to the planting of more mature hedge plants, that could reduce the time required for these hedgerows to return to their original state/or better.” 1.3.2 Applicant’s approach 4. The Outline Landscape and Ecological Management Plan (OLEMS) will be updated to capture these commitments to affected hedgerows within 5km of Paston Great Barn SAC. The updated OLEMS will be submitted at Deadline 7. 5. No further action required. 1.4 Clarification Note – Sediment Management at the River Wensum crossing • Note issued to Natural England – 27.02.2019 • Telecon to discuss content of clarification note – 27.02.2019 • Natural England’s advice received – 18.03.2019 (captured in Applicant’s responses to Examiners second written questions) 1.4.1 Natural England’s response “Most concerns withdrawn. However further information is required regarding some elements. Following receipt of further information on 27 February 2019 Natural England is broadly satisfied that the specific issues we have raised in previous correspondence relating to the assessment of sediment management at the River Wensum crossing have been resolved. However, further clarification is still required with regards to: 1. Restoration plan outside of functional floodplain We would expect the detailed design to demonstrate that reseeding of bare ground within the River Wensum catchment would not have a detrimental effect on water quality within the River Wensum SAC. If a negative impact on water quality cannot be ruled out at the detailed design stage then turf stripping may be necessary within a wider area of the catchment, not just the floodplain. Natural England look forward to commenting on the detailed design; 2. Reinstatement of work areas Position Statement Norfolk Vanguard Offshore Wind Farm April 2019 Page 2 Whilst the clarification note states that ‘any damage to ground conditions caused by vehicle tracking will be rectified prior to the reinstatement of topsoil/turf’, there are no details on how this will be done. Natural England would request further information in this regard; and 3. Number of HDD’s Natural England expects confirmation on the exact number of HDD crossings to be provided in the detailed scheme and programme which will include site specific water course crossing. Please note that whilst this clarification note broadly allays Natural England’s concerns with regards to impacts on River Wensum SAC / SSSI we would defer to the Environment Agency with regards to its suitability to allay any concerns regarding flood risk. Therefore, Natural England recommends that this clarification note is also provided to the Environment Agency for comment if this hasn’t already been done.” 1.4.2 Applicant’s approach 1.4.2.1 Restoration plan outside of the functional floodplain 6. The Applicant is considering Natural England’s suggestion that the approach to restoration of grassland (deep turf stripping and replacement – rather than re-seeding) may need to be applied to all grassland within the River Wensum catchment if it cannot be demonstrated that a negative impact on water quality can be ruled out. 7. The Applicant will provide further information to Natural England ahead of Issue Specific Hearing 6 on the approach to restoration outside of the functional floodplain. Subject to Natural England’s acceptance this detail will be incorporated in an update to the OLEMS. 1.4.2.2 Reinstatement of work areas 8. The Applicant will provide further information to Natural England ahead of Issue Specific Hearing 6 on the methods that will be employed to rectify damage to ground conditions caused by vehicle tracking. Subject to Natural England’s acceptance this detail will be incorporated into an update to the outline Code of Construction Practice (oCOCP). 1.4.2.3 Number of HDDs 9. The number of HDDs will be confirmed in a scheme of watercourse crossings to be submitted post-consent. This will include the design, mitigation and restoration of each watercourse crossing. The scheme will be submitted to and approved by the relevant planning authority in consultation with Natural England. This is secured through DCO Requirement 25. 10. The Sediment Management clarification note has also been provided to the Environment Agency (25.03.2019). The flood risk aspects outlined within the note have been captured within the Statement of Common Ground between the Applicant and The Environment Agency submitted at Deadline 4 (Rep2-SOCG-6.1) and all points related to flood risk are agreed between the two parties. Position Statement Norfolk Vanguard Offshore Wind Farm April 2019 Page 3 11. No further action required. 1.5 Clarification Note – Other Outstanding Issues • Note issued to Natural England – 27.02.2019 • Telecon to discuss content of clarification note – 27.02.2019 • Natural England’s advice received – 18.03.2019 (captured in Applicant’s responses to Examiners second written questions) 1.5.1 Natural England’s response “Further information required to determine impacts on designated sites/landscapes. Broadland SPA/Ramsar site: This site was scoped out of the HRA on the basis that there was evidence of low levels of wintering birds associated with the SPA/Ramsar using the study area. However, this may have been due to the cropping regime at the time of survey. We requested that this point was taken account of by including additional measures, e.g. survey and/or WeBS data and information about predicted crop patterns at the time of the proposed work. We suggested that the Outline Landscape and Ecological Management Strategy (OLEMS) is amended to include