Precautionary Method of Working ver1...Felixstowe Branch Line Capacity Enhancement and Improvements...

Felixstowe Branch Line Capacity Enhancement and Improvements Vegetation Clearance

Precautionary Method of Working in relation to Bats, Great crested newts, Common Species of Reptile and Badger

Volker Fitzpatrick October 2017

Felixstowe Branch Line Capacity Improvements Precautionary Method of Working in relation to Bats, Great crested newts, Common Species of Reptile and Badger

Atkins Precautionary Method of Working in relation to Bats, Great crested newts, Common Species of Reptile and Badger | Version 1.0 | October 2017 | 5148381

Table of Contents

Chapter Pages

1. Introduction 4 1.1. Terms of Reference 4 1.2. The Site 4 1.3. The Proposed Works 4 1.4. Summary of Ecological Surveys 5 1.5. Scope of the PMW 7

2. Rationale as to why a PMW is considered appropriate 8 2.1. European Protected Species 8 2.2. Common Species of Reptile 10 2.3. Badger 11

3. Precautionary Method of Working 13 3.1. General Measures to be employed on Site during the Works 13 3.2. Species Specific Measures to be employed on Site during the Works 13

4. References 14

Appendices 15

Appendix A. Summary of Legislation 16

Appendix B. Site Plans 18 B.1. Phase 1 Habitat map B.2. Vegetation clearance location plan

Appendix C. Species Specific Precautionary Methods of Working 21 C.1. Felixstowe Branch Line Capacity Enhancement and Improvements PMW Master Sheet C.2. Bats C.3. Great crested newts C.4. Common Species of Reptile C.5. Badger

Appendix D. Toolbox Talk Attendance 27



1. Introduction

1.1. Terms of Reference Atkins Limited (Atkins) was commissioned by Volker Fitzpatrick to produce a Precautionary Method of Working (PMW) in relation to bats, common species of reptile and badger for proposed vegetation clearance works at the Trimley section of the proposed Felixstowe Branch Line Capacity Enhancement and Improvements Scheme.

The northern extent of the Felixstowe Branch Line Capacity Enhancements Scheme is situated at Westerfield Junction to the north of the suburban edge of Ipswich, Suffolk at national grid reference (NGR) TM 172 473. The southern extent of the scheme is situated to the southeast of Trimley Station, Felixstowe at NGR TM 283 094. The proposed extent of works to be delivered under the wider scheme is for an extension of the double rail track at Trimley the upgrading of four existing highway level crossings between Westerfield and Trimley, as well as signalling and rail systems modifications to support these works (hereinafter referred to as the ‘Trimley Loop work’). This Precautionary Method of Working (PMW) document refers specifically to the Trimley Loop work only. The nearest postcode to the site is IP11 0UG.

All species of bats found in the UK and great crested newts are fully protected as European Protected Species (EPS) under the Conservation of Habitats and Species Regulations 2010 (as amended). These species, along with common species of reptile are protected under the Wildlife and Countryside Act 1981 (as amended). Badgers are protected under the Protection of Badgers Act 1992.

The legislation relating to the protected species found or considered likely to be present within the Site as defined in Section 2.1 below is summarised in Appendix A.

This PMW acts as an audit trail for the decision making process. Based on the current Site conditions, as long as the methods of working outlined in this document are implemented in full, the proposed works would not result in a breach of the above legislation and no further detailed mitigation, such as the need for a protected species mitigation licence, is required to proceed with the works.

Should the Site conditions differ from those detailed below in Section 1.2 to 1.4 either prior to or during the proposed works, further mitigation may be required. Specialist ecological advice should be obtained should this situation arise.

Species-specific and general mitigation measures to minimise impacts to wildlife are detailed within the PMW A3 Sheets provided in Appendix C. These sheets should be used by on-site personnel to guide the vegetation clearance works and avoid impacts on protected species deemed to potentially be on Site. The main report serves to provide a rationale for the approach.

1.2. The Site The Site is bounded primarily by arable land with urban development (Trimley St Martin & Trimley St Mary) and the A14 to the east.

The Site comprises Network Rail land approximately between 77 miles (m) 70 chains (ch) and 82 m 60 ch. The railway route within the Site is generally level with shallow embankments. The vegetation along the railway route (within the Site) is dominated by arable land with mature trees, broadleaved plantation, scrub, species-poor semi-improved grassland and hedgerows also present along the Network Rail boundary. The Phase 1 habitat plan is illustrated in Appendix B.1.

1.3. The Proposed Works The proposed construction works are required to facilitate the Felixstowe Branch Line Capacity Enhancements (hereinafter referred to as ‘the wider scheme’).



The Wider Scheme

The proposed Trimley Loop work is anticipated to take place between Quarter 1 (Q1, March) 2018 and Q2 (June/July) 2019, under the powers provided by ‘The Network Rail (Felixstowe Branch Line Land Acquisition) (Agreements for Transfer Order’) (S.I.2017 No. 865). This will involve removal of spoil or build-up of existing level crossings (depending on where the work is taking place) to enable installation of Permanent-Way (P-Way) rail track and other ancillary civils works such as cable troughing and signalling. These works will be completed using large civils plant and engineering trains. The P-Way works will involve installing ballast, sleepers and rails on the completed earth works. The existing highway level crossing and Thorpe Lane will be upgraded, with new barriers installed along with new cabling and new cabinets.

Level crossings and bridleway bridge works

A new bridleway bridge is also proposed (subject to powers to be granted under a Transport and Works Act Order (TWAO) – The Network Rail (Felistowe Branch Line Improvements – Level Crossings Closure) Order). Works included in the Level Crossings Closure Order will divert existing Public Right of Way (PRoW) railway crossings to the proposed bridleway bridge over the operational railway at the Trimley Loop. This work involves the diversion and provision of a permanent PRoW along the boundary of the woodland to the south of the railway.

Works Subject to this PMW

Vegetation clearance is needed to facilitate the creation of a haul road to enable the wider works. The vegetation clearance to the work area surrounding the Trimley Loop is proposed to take place in Q4 – November / December 2017. This will avoid vegetation clearance in the breeding bird season and will be conducted using methods to ensure that there is no disturbance to badgers or their sett as well as conducting works in a precautionary manner for potential common reptiles, great crested newts and roosting bats. The vegetation clearance will involve cutting trees and shrubs to ground level. The extent of the vegetation clearance to be covered by this PMW is shown in Appendix B.2.

1.4. Summary of Ecological Surveys During the Extended Phase 1 habitat survey and following a review of maps, no water courses / suitable habitat for otters, water vole or white clawed crayfish was identified within the Site (or in the surrounding area) therefore these species will not be discussed further in this report.

The following desk and field based ecological surveys have been undertaken within (and adjacent to) the Site, as summarised in Table 1-4-1:

• Extended Phase 1 habitat survey; Carried out in December 2016 (Atkins 2017) following an initial ecological constraints walkover in June 2016 (Atkins, September 2017a). The Site was recorded as supporting the following habitats (in order of size); arable farmland, deciduous plantation woodland blocks, grassland, hedgerows and hardstanding. Various further Phase 2 surveys were considered necessary following this survey and they are briefly discussed in the bullet points below. No further Phase 2 surveys were undertaken for reptiles as it was considered sufficient to assume the presence of a small population of reptiles along the railway embankment. The structural diversity of the vegetation along the embankments and cuttings provide suitable foraging, sheltering and basking habitat for common reptiles along most of the length of the Site, particularly the exposed south facing embankments.

• Great crested newts; Water bodies within 500m of the site were assessed for their habitat and connectivity. Habitat Suitability Index assessments were carried out on two water bodies within 250 m of the Site. These were found to be sub-optimal for great crested newts (HSI scores of 0.47 and 0.49). Within the Site, there was only limited suitable terrestrial habitat for newts, with suitable terrestrial habitat closer to those ponds, away from the Site. As a result, it was considered unlikely that great crested newts would be present within the work areas and only possible low populations of great crested newts in the two ponds located within 250 m of the Site (Atkins, 2017).



• Wintering birds; Survey of the open arable fields within and immediately adjacent to the existing and proposed limits of the existing and new TWAO works at the Site was carried out in December 2016, January, February and March 2017. The wintering bird surveys were carried out in relation to a Habitats Regulations Assessment of the Scheme (Atkins, May 2017), the surveys identified no qualifying species for the Stour and Orwell Estuaries Special Protection Area, including brent geese, using the land within or adjacent to the proposed works during the site visits. Although anecdotal observations of brent geese flocks outside the survey areas were recorded during the January and February surveys (Atkins, September 2017a).

• Bats; A preliminary bat roost potential assessment of the trees was carried out in June 2016 (Atkins September 2017a), one oak tree (identified in Appendix B.1) was identified as having high potential due to the presence of loose bark, woodpecker hole and callous rolls. Presence / likely absence surveys of the tree were therefore carried out in June, August and September 2017 to assess whether roosting bats were present. Foraging and commuting common and soprano pipistrelle bats were recorded during all three of the surveys but no bats were observed roosting within the tree (Atkins, September 2017a).

• Badgers; General site surveys were carried out in June, December 2016 and March 2017. An active badger sett (badger Sett A in Appendix B.1) was identified along the Network Rail fence line boundary within the site. Six holes were present, in June 2016; three of these were active and three disused resulting in the sett being classified as an annexe / subsidiary sett. However, during the December 2016 survey the holes had been re-activated so the sett was reclassified as a main sett. During the survey carried out in March 2017, following vegetation clearance (undertaken by parties unrelated to the scheme) a further 3-4 entrance holes were identified bringing the total to 9-10 holes. Sett activity was monitored in April, May, June, August and September 2017. The monitoring surveys recorded the sett as active with fresh spoil (Atkins, September 2017b).

• Hazel dormouse; A nut search survey was carried out in October 2016 of three 10m x10m areas of fruiting hazel. Seven nuts had potential dormice evidence, as this was not conclusive subsequent nest tube surveys were carried out in April, May, June and August 2017. No physical evidence of hazel dormouse was found to be present on the site (Atkins, September 2017a).

Table 1-4-1 Summary of ecological surveys

Reptiles GCN Wintering Birds

Hazel Dormouse

Badgers Bats

Potential Railway embankments and cuttings

Two water bodies within 250m of the site, plantation, scrub, hedgerow

Open arable fields

Plantation and scrub


Trees

Surveys N/A HSI of two waterbodies within 250m of the Site -

Wintering bird surveys – December 2016, January, February and March 2017

Nut search – October 2016; Nest tube survey – April, May, June and August 2017

General surveys – June, December 2016 & March 2017; Monitoring surveys – April, May, June, August and September 2017

Preliminary bat roost assessment – June 2016; presence / likely absence surveys on oak tree – June, August and September 2017



Reptiles GCN Wintering Birds

Hazel Dormouse

Badgers Bats

Potential Railway embankments and cuttings

Two water bodies within 250m of the site, plantation, scrub, hedgerow

Open arable fields



Trees

Results Based on habitat suitability, a small population of reptiles has been assumed to be present on site.

Two waterbodies within 250 m of the Site were found to be sub-optimal for great crested newts (HSI scores of 0.47 and 0.49).

No qualifying species for the Stour and Orwell Estuaries Special Protection Area, including Brent geese.

Seven nuts had potential, but not conclusive, dormice evidence. No physical evidence of dormice during nest tube surveys.

One active main badger sett identified. Fresh spoil during monitoring surveys.

One tree with high roosting potential; no roosting bats within the tree.

1.5. Scope of the PMW This PMW has considered the scope and localised nature of the proposed works and assesses how those works could potentially affect bats, great crested newts, common species of reptile and badger within the Ecological Zone of Influence (EZoI)1 of the works. The PMW sets out the rationale for why the proposed works are considered unlikely to lead to an offence being committed in relation to protected species associated with the Site; why a protected species mitigation licence is not required; and the methodology to be employed by the Principal Contractor for minimising impacts to wildlife during the proposed works.

Mitigation measures to be employed during the vegetation clearance works are provided on the PMW A3 sheets in Appendix C, which include both general and species-specific measures. The A3 sheets highlight the typical signs of bats, great crested newts, common species of reptile and badger being present within the Site; provide details on the legislation applicable to them; and the procedures to be followed should they be recorded within the Site during the works. These sheets can be printed out for display in site offices.

The details of the PMW will be delivered to the Principal Contractor for the works through a Tool Box Talk (TBT), which is an onsite briefing given by a suitably qualified and experienced ecologist outlining the known and potential ecological constraints within the footprint of the Site and sets out the methods of working that need to be employed by the Principal Contractor for minimising impacts to wildlife during the proposed works. A record of attendance to be completed as part of the TBT is provided in Appendix D.

1 The Ecological Zone of Influence (EZoI) is an area defined by the assessment in which there may be ecological receptors subject to impacts and subsequent effects as a result of the scheme.



2. Rationale as to why a PMW is considered appropriate

2.1. European Protected Species For European Protected Species (bats, great crested newts) subject to the Conservation of Habitats and Species Regulations 2010 (as amended), Natural England’s view is that: “If the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under Regulation 41 or 45 then no licence is required” (Natural England, 2013).

A range of factors are taken into consideration when assessing whether works can proceed in the absence of a licence including the nature of the proposals; the suitability of habitats within the Site to support protected species; evidence of such species; and proximity of existing known populations.

In cases where a licence is not required, Natural England (Natural England, 2013) urge that reasonable precautions be taken to avoid affecting European Protected Species during works and that an audit trail is kept on the decision-making process.

Following Natural England advice, this PMW sets out the reasonable precautions that will be undertaken in relation to avoiding affecting European Protected Species during the works and to reduce the risk of causing offences to these species under the Wildlife and Countryside Act 1981 (as amended). The PMW provides an audit trail for the justification for why an offence is considered reasonably unlikely.

2.1.1. Bats Table 2-1-1 below provides a rationale for why the proposed works at the Site are considered unlikely to lead to an offence being committed in relation to bats associated with the Site and why a protected species mitigation licence is not required.

Table 2-1-1 Rationale for PMW – Bats (all species)

Species Rationale

Bats (all species)

During the preliminary bat roost potential assessment one oak tree (T1 in Appendix B.1) was identified as having high potential for supporting roosting bats. Presence / likely absence surveys of the tree were therefore carried out in 2017. Foraging and commuting common and soprano pipistrelle bats were recorded during all three of the surveys but no bats were observed roosting within the tree.

The oak tree in question is to be felled during the proposed vegetation clearance works. As no bats were recorded roosting within the tree it is not considered to be a bat roost. An EPS licence from Natural England is consequently not required. However, as bats are a transient species it cannot be ruled out that they may utilise the tree in the interim period between when the surveys were carried out and when the tree is felled. Therefore, as a precaution the tree should be soft felled in the presence of a Class 2 Natural England licenced ecologist as detailed in this PMW. The oak tree will be felled in sections to maintain the integrity of any potential roost features (PRFs) present. Each PRF will be examined by the tree surgeon (as far as this can be done safely) prior to felling. Each section with a PRF will be lowered to the ground and subjected to a final check by the ecologist using an endoscope prior to its disposal. If bats are found during this final check, the tree section will be moved out of the works footprint and left overnight with the cavity unobstructed to allow the bats to leave at dusk. If bats (alive or dead) or evidence of the presence of bats is found felling of the tree will need to cease and Natural England contacted for advice. A mitigation licence is likely to be required.

Taking into account the habitats along the railway embankment (broadleaved plantation hedgerows and scrub) within the footprint of the proposed vegetation clearance and in the wider



Species Rationale

area and the localised scale and nature of the works, it is considered reasonably unlikely that the works will result in deliberate capture, injury or killing of bats.

Similarly, it is considered reasonably unlikely that the proposed vegetation clearance will result in deliberate disturbance to bats in such a way as to be likely to impair their ability to survive, breed, reproduce rear or nurture their young, hibernate or migrate; or to affect significantly the local distribution or abundance of bats.

Due to the surveys demonstrating a likely absence of roosting bats using the tree (T1) as a roosting/hibernating site, it is considered reasonably unlikely that the proposed works will result in damage or destruction of bat resting places.

Therefore, on the basis of specialist knowledge and experience working with bats, it is considered on balance that the removal of the tree and associated vegetation clearance are reasonably unlikely to result in an offence under Regulation 41 of the Conservation of Habitats and Species Regulations 2010 (as amended) and no protected species mitigation licence is required.

Similarly, it is considered reasonably unlikely that the removal of the tree and associated vegetation clearance will result in disturbing a bat in its place of shelter or obstructing access to such a place and therefore the works are reasonably unlikely to result in an offence under the Wildlife & Countryside Act 1981 (as amended).

However, to further ensure that such an offence is not committed, it is proposed to proceed under the PMW detailed within this report (Appendix C).

2.1.2. Great crested newts Table 2-1-2 below provides a rationale for why the proposed works at the Site are considered unlikely to lead to an offence being committed in relation to great crested newts associated with the Site and why a protected species mitigation licence is not required.

Table 2-1-2 Rationale for PMW –Great Crested Newt

Species Rationale

Great Crested Newt

Waterbodies within 500m of the site were assessed for their habitat and connectivity. Two water bodies within 250 m of the Site were found to be sub-optimal for great crested newts. Within the Site, there was only limited suitable terrestrial habitat for newts, with suitable terrestrial habitat closer to those ponds, away from the Site. As a result it was considered unlikely that great crested newts would be present within the work areas.

HSI surveys were carried out and it was deemed that detailed great crested newt surveys were not required. Therefore, a precautionary approach has been adopted whereby it has been assumed that there is a low risk that great crested newts could be present within the Site.

As two ponds within 250 m of the Site were assessed as being suboptimal for great crested newts and both have suitable terrestrial habitat closer to them and directly connected to them the areas of vegetation clearance were considered unlikely to form part of any great crested newt population’s core habitat. These water bodies will not be directly affected by the works. However, small areas of potential foraging and/or commuting habitat within the site may be affected by the vegetation clearance.

Taking into account the habitats along the railway embankment (broadleaved plantation, hedgerows and scrub) within the footprint of the proposed vegetation clearance and in the wider area, and the small scale of the works it is considered reasonably unlikely that the works will result in deliberate capture, injury or killing of great crested newts.



Species Rationale

Similarly, it is considered reasonably unlikely that the vegetation clearance will result in deliberate disturbance to great crested newts in such a way as to be likely to impair their ability to survive, breed, reproduce, rear or nurture their young, hibernate; or to affect significantly the local distribution or abundance of great crested newts.

Due to the limited potential for great crested newts to be using the habitats along the railway embankment (broadleaved plantation, hedgerows and scrub) within the area of works it is considered reasonably unlikely that the vegetation clearance will result in damage or destruction of their resting places.

As the works will not affect a breeding pond during the breeding season, they will not involve deliberate taking or destroying the eggs of great crested newts.

Therefore, on the basis of specialist knowledge and experience working with great crested newts, it is considered on balance that the vegetation clearance is reasonably unlikely to result in an offence under Regulation 41 of the Conservation of Habitats and Species Regulations 2010 (as amended) and no protected species mitigation licence is required.

Similarly, it is considered reasonably unlikely that works will result in disturbing a great crested newt in its place of shelter or obstructing access to such a place and therefore the vegetation clearance is reasonably unlikely to result in an offence under the Wildlife & Countryside Act 1981 (as amended).


2.2. Common Species of Reptile Common species of reptile (adder, grass snake, common lizard and slow worm) are protected against intentional killing and injury under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). There is no requirement for a licence where development works affect common species of reptiles. Instead, Natural England (2004) advise that where reptiles are present, they should be protected from any harm that might arise during the development works through appropriate mitigation.

Table 2-2-1 below provides a rationale for why the proposed works at the Site are considered unlikely to lead to an offence being committed in relation to common species of reptile associated with the Site, why the capture and translocation of reptiles is considered unnecessary, and outlines how reasonable measures have been taken to safeguard reptiles whilst the vegetation clearance works are undertaken.

Table 2-2-1 Rationale for PMW – Common Species of Reptile (grass snake, common lizard, adder, slow worm)

Species Rationale

Common Species of Reptile

Following the initial site survey, it was concluded that common species of reptile are likely to be present within the footprint of the works due to suitable habitat being present along the railway embankment. However, due to an abundance of suitable habitat in the adjacent areas along the rail corridor they could therefore be suitably mitigated for through a PMW. No detailed presence / likely absence surveys were therefore conducted.

Detailed presence / likely absence surveys for reptiles were not deemed necessary, as discussed above, therefore a precautionary approach has been adopted whereby it has been assumed that common species of reptiles are present within the site.

The proposed works will not result in the long-term loss of large areas of this habitat.



Species Rationale

Immediately prior to clearance works starting on Site, all suitable habitats within the working area will be checked by the Ecologist or the Ecological Representative for the presence of reptiles. Work will not be permitted to start at the site until hand searching of the working areas has been completed. Hand searching will include carefully checking within and underneath any potentially suitable refuges such as leaf piles around logs, tree trunks, bush stems and within coppice stools. Any piles of wood, brash and rubble within the working area will be dismantled by hand and immediately removed from the working area, with the Ecologist or Ecological Representative on-hand to provide advice, in advance of the works. Where it is not essential to remove potential refuges in order to undertake the works, these will be left undisturbed.

Suitable hibernation sites exist within the Site within the habitats to be affected by the proposed works (woodland, scrub and hedgerow). There is a possibility that hibernating reptiles will therefore be encountered during the works. Wherever possible to do so, should hibernating reptiles be recorded, they will be left undisturbed and their place of shelter returned to its original condition. Only where this is not possible shall the reptiles be removed with minimal handling and placed in a suitable, safe habitat to enable continued hibernation/ torpor. The works are therefore likely to result in small scale disturbance to reptiles during the hibernation period; this level of disturbance is not considered to be significant.

Therefore, on the basis of specialist knowledge and experience working with reptile species, it is considered that the proposed vegetation clearance works are reasonably unlikely to result in an offence under the Wildlife and Countryside Act 1981 (as amended) and translocation of reptiles from the Site is not considered necessary.


2.3. Badger Badgers and their setts are protected under the Protection of Badgers Act 1992 (as amended). When assessing the requirement for a licence in respect of development, Natural England2 state that badgers are relatively tolerant of moderate levels of noise and activity around their setts, and that a low or moderate level of apparent disturbing activity at or near to badger setts does not necessarily disturb the badgers occupying those setts.

Table 2-3-1 below provides a rationale for why the proposed works at the Site are considered unlikely to lead to an offence being committed in relation to badgers associated with the Site and why a protected species mitigation licence is not required for vegetation clearance.

Table 2-3-1 Rationale for PMW – Badgers

Species Rationale

Badger An active main badger sett ( Sett A, Appendix B.1) was identified along the Network Rail fence line boundary within the Site in March 2017, during this visit 9-10 holes were present. Monitoring visits were subsequently carried out in April, May, June, August and September 2017. All visits recorded the sett as active with fresh spoil.

The proposed vegetation clearance works require vegetation immediately adjacent and surrounding the sett to be cleared. As these works are proposed within 30m of an active badger sett a suitably qualified and experienced ecologist will be present to monitor and advise during all works within 30m of an active sett. Should the ecologist decide that vegetation clearance cannot be undertaken without disturbance in any particular location, the works will stop. During removal of vegetation, no plant will be used within 30m of the sett. Within 15m of the active sett, removal

2 Interpretation of ‘Disturbance’ in relation to badgers occupying a sett, Natural England (2009)



Species Rationale

of vegetation will be done using hand tools only (no power tools), this is considered to have a lower risk of disturbing badgers whilst they are occupying the sett. To further reduce the risk of disturbance, any large mature trees within 30m of the active sett should be soft felled and lowered to the ground in sections. Any cut timber within 30m of the sett will be left on site. The level of human activity within 30m of the sett should also be kept to a minimum (no more than two people at a time) to avoid disturbance to any badgers within the sett. If any equipment or harmful substances (such as petrol) are to be left on site these should be stored within a secure locked compound to prevent badgers (and other mammals) potentially harming themselves. If additional setts are discovered during vegetation clearance, work around them will be halted until ecological advice has been obtained.

It is therefore considered reasonably unlikely that the proposed vegetation clearance works will result in wilful killing, injury or capture of badgers or intentional or reckless damage, destruction or obstruction of a sett.

Similarly, it is considered reasonably unlikely that the proposed vegetation clearance works will result in deliberate disturbance to a badger whilst occupying a sett.

Therefore, on the basis of specialist knowledge and experience working with badgers, it is considered on balance that the works are reasonably unlikely to result in an offence under the Protection of Badgers Act 1992 and no licence is required.


It should be noted that Sett A is subject to a current licence application with Natural England to facilitate the construction of the haul road for the wider works (Atkins, September 2017b). The licence method statement states that the sett will be closed, this will occur as soon as the licence is granted and may be in the process of being closed or already closed by the time the vegetation clearance is carried out. To compensate for the loss of the badger sett an artificial sett is being created, this will be located within the area of broadleaved plantation slightly further north than the existing sett (Sett A) (refer to Appendix A Figure 2 within Atkins, September 2017b). An exclusion zone of 30m surrounding the artificial sett will be implemented to avoid any adverse impacts on the newly created habitat.



3. Precautionary Method of Working

3.1. General Measures to be employed on Site during the Works The details of this PMW will be presented to all staff working on the Site through a TBT prior to the commencement of works by a suitably qualified and experienced Ecologist (the Ecologist) whose contact details are provided in documents within Appendix C. A sheet to record of attendance of the TBT is provided in Appendix D.

Where necessary, the Ecologist will remain on Site to assist Volker Fitzpatrick in ensuring the measures set out are undertaken in accordance with the PMW.

A member of the Site staff who will attend the TBT and be present for the duration of the vegetation clearance work requiring this PMW will be appointed by Volker Fitzpatrick as the Ecological Representative, in agreement with the Ecologist, and will be responsible for ensuring that the measures outlined in this PMW are implemented. The Ecological Representative will be fully briefed on their required tasks by the Ecologist. The Ecological Representative will be responsible for ensuring the badger sett is not damaged or disturbed, the tree with bat potential is not felled without the presence of a licenced bat worker and that habitat deemed suitable for great crested newts and reptiles is hand searched prior to removal and any hibernating reptiles are relocated safely. The Ecological Representative will be an individual with authority and responsibility for halting works and obtaining ecological advice if unexpected issues arise. Contact details for the Ecological Representative will be provided in Appendix C (on sheet C1).

General mitigation measures to minimise impacts to wildlife are detailed on the PMW A3 Master Sheet provided in Appendix C.

If the proposed works should change or be delayed, then the Ecologist should be consulted with regards to the potential impacts this may have on other protected species, such as nesting birds if any delay takes the vegetation clearance works past February 2018.

If a protected species or evidence of one (such as a previously unrecorded sett) is found, the animal or feature should not be touched and advice should be obtained from the Ecologist about the best way to proceed.

3.2. Species Specific Measures to be employed on Site during the Works

The following species are either known to be present or considered likely to be present within the footprint of the vegetation clearance works:

• Bats;

• Great crested newts;

• Common species of reptile;

• Badger.

Detailed methods of working for each of these species to be employed during the vegetation clearance works are summarised on the A3 sheets provided in Appendix C. These sheets also highlight the typical signs of these species being present within the Site; provide details on the legislation applicable to them; and the procedures to be followed should they be recorded within the Site during the works.



4. References

Atkins (2017) Proposed Network Rail Felixstowe Branch Line Improvements Order ES report - 139989-ATK-REP-EEN-000005

Atkins (May 2017) Proposed Network Rail Felixstowe Branch Line Improvements Order Information for Habitat Regulations Assessment Stage 1: Screening - 139989-ATK-REP-EEN-000007

Atkins (September 2017a) Felixstowe Branch Line Capacity Enhancement and Improvements – End of Ecology Survey Report - 139989-ATK-REP-EEN-000008

Atkins (September 2017b) Felixstowe branch Line Capacity Enhancement Badger Licence Method Statement - 139989-ATK-POL-EEN-000001

English Nature (2004) Reptiles: guidelines for developers

Natural England (2013), WML-G12 – EPS Mitigation Licensing – How to get a licence – Version December 2013.

Appendices



Appendix A. Summary of Legislation

Species Legislation Offences Licensing procedures

and guidance

Great crested newt

European protected species

Conservation of Habitats and Species Regulations 2010 (as amended) Reg 41

Deliberately1 capture, injure or kill a great crested newt; deliberate disturbance2 of a great crested newt; deliberately take or destroy its eggs; or damage or destroy a breeding site or resting place used by a great crested newt.

Licences issued for development by Natural England.

Guidance documents:

NE Standing Advice for protected species 2013

European Protected Species: Mitigation Licensing- How to get a licence (NE 2013)

Great Crested Newt Mitigation Guidelines (English Nature 2001)

Wildlife and Countryside Act 1981 (as amended) S.9

Intentionally or recklessly obstruct access to any structure or place used for shelter or protection or disturb3 a great crested newt in such a place.

Licences issued for science (survey), education and conservation by Natural England.

Bats

European protected species

Conservation of Habitats and Species Regulations 2010 (as amended) Reg 41

Deliberately1 capture, injure or kill a bat; deliberate disturbance2 of bats; or damage or destroy a breeding site or resting place used by a bat.

[The protection of bat roosts is considered to apply regardless of whether bats are present.]

A Natural England (NE) licence in respect of development is required.

Guidance documents:


European Protected Species: Mitigation Licensing- How to get a licence (NE 2013)

Bat Mitigation Guidelines (English Nature 2004)

Bat Workers Manual (JNCC 2004)

Wildlife and Countryside Act 1981 (as amended) S.9

Intentionally or recklessly obstruct access to any structure or place used for shelter or protection or disturb3 a bat in such a place.

Licence from NE is required for surveys (scientific purposes) that would involve disturbance of bats or entering a known or suspected roost site.

Badger Protection of Badgers Act 1992 (as amended)

Wilfully kill, injure or take a badger; or intentionally or recklessly damage, destroy or obstruct access to a badger sett or disturb a badger in its sett.

[It is not illegal to carry out disturbance activities in the vicinity of setts that are not occupied.]

Where required, licences for development activities involving disturbance or sett interference or closure are issued by Natural England (NE). Licences for activities involving watercourse maintenance, drainage works or flood defences are issued under a separate process.

Licences are normally not granted from December to June inclusive because cubs may be present within setts.

Guidance documents:


Badgers & Development (NE 2007)



Species Legislation Offences Licensing procedures

and guidance

Adder

Common lizard

Grass snake

Slow worm

Wildlife and Countryside Act 1981 S.9(1) and S.9(5)

Intentionally kill or injure any common reptile species.

No licence is required.

However, an assessment for the potential of a site to support reptiles should be undertaken prior to any development works which have potential to affect these animals.

Guidance documents: NE Standing Advice for protected species 2013

1Deliberate capture or killing is taken to include “accepting the possibility” of such capture or killing 2Deliberate disturbance of animals includes in particular any disturbance which is likely a) to impair their ability (i) to survive, to breed or reproduce, or to rear or nurture their young, or (ii) in the case of animals of hibernating or migratory species, to hibernate or migrate; or b) to affect significantly the local distribution or abundance of the species to which they belong. 3Lower levels of disturbance not covered by the Conservation of Habitats and Species Regulations 2010 remain an offence under the Wildlife and Countryside Act 1981 although a defence is available where such actions are the incidental result of a lawful activity that could not reasonably be avoided.



Appendix B. Site Plans

B.1. Phase 1 Habitat map

B.2. Vegetation clearance location plan

Date:

09:2

7:5

0s

mit1873

28/0

9/2

017

Usern

am

e:

Filena

me:c:\projectwise\m

ffanglia\s

mit1873\d

ms13897\1

39989-A

TK-D

RG-E

EN-0

00040.d

gn

Fax:

Tel:

+44 (0)20 8663 5111

+44 (0)20 8663 5000

CR0 0XT

Surrey

Croydon

12-16 Addiscombe Road

No 1 Croydon

139989-A

TK-D

RG-E

EN-0

00040

139989-ATK-DRG-EEN-000040

40.77

Legend/Notes

Dra

win

g N

um

ber

Scale(s)

Drawing Number Revision

Project

Status

Rev Date Description of Revisions Drawn

Drawing Title

Contractor(s)

Chkd Appr

ELR & Mileage

Alternative Reference Sheet

P01.1

FEL

0100040692.

COPYRIGHT AND DATABASE RIGHTS 2014 ORDNANCE SURVEY

ORDNANCE SURVEY ON BEHALF OF HMSO .© CROWN

OS MAPPING DATA REPRODUCED BY PERMISSION OF 1.

BROAD LEAVED TREE

HEDGE WITH TREES - NATIVE SPECIES - RICH

HEDGE WITH TREES - SPECIES - POOR

INTACT HEDGE - SPECIES - POOR

DEFUNCT HEDGE - SPECIES - POOR

LINE OF TREES

BROADLEAVED PLANTATION

SCATTERED SCRUB

A ARABLE LAND

SI POOR SEMI-IMPROVED GRASSLAND

STANDING WATER ASSESSED FOR GCN HSI

0 200m 400m 600m 800m 1kmN

PROPOSED POWERS

COMBINED EXTENT OF 2014 AND 2017

WB

A

40.77

A

A

A

A

A

A

A

A

A

SI

A

A

A

A

WB2

WB1

1:50001:5000

ENHANCEMENT

FELIXSTOWE BRANCH

LINE CAPACITY

BADGER SETT A

MATURE OAK TREE WITH POTENTIAL FOR BATS

WOODLAND SURVEYED FOR DORMICE

T1

HABITAT PLAN

APPENDIX B.1

PHASE 1

P01.1 18/09/17 NCS SC FWFOR ISSUE

Date:

09:3

1:0

0s

mit1873

28/0

9/2

017

Usern

am

e:

Filena

me:c:\projectwise\m

ffanglia\s

mit1873\d

ms13897\1

39989-A

TK-D

RG-E

EN-0

00039.d

gn

Fax:

Tel:

+44 (0)20 8663 5111

+44 (0)20 8663 5000

CR0 0XT

Surrey

Croydon

12-16 Addiscombe Road

No 1 Croydon

139989-A

TK-D

RG-E

EN-0

00039

139989-ATK-DRG-EEN-000039

40.77

Legend/Notes

Dra

win

g N

um

ber

Scale(s)

Drawing Number Revision

of

Project

Status

Rev Date Description of Revisions Drawn

Drawing Title

Contractor(s)

Chkd Appr

ELR & Mileage

Alternative Reference Sheet

P01.1

FEL

11

0100040692.

COPYRIGHT AND DATABASE RIGHTS 2014 ORDNANCE SURVEY

ORDNANCE SURVEY ON BEHALF OF HMSO .© CROWN

OS MAPPING DATA REPRODUCED BY PERMISSION OF

OS MAPPING HAS BEEN CONVERTED TO SNAKEGRID DSF09.

SURVEY.

NR LAND BOUNDARIES TAKEN FROM AERIAL AND OS MAPPING

3.

2.

1.

VEGETATION CLEARANCE

0 1km800m600m400m200mN

PROPOSED POWERS

COMBINED EXTENT OF 2014 AND 2017

APPENDIX B.2

FELIXSTOWE BRANCH

LINE CAPACITY ENHANCEMENT

VEGETATION CLEARANCE

LOCATION PLAN

P01.1 27/09/17 NCS SC FWFIRST ISSUE



Appendix C. Species Specific Precautionary Methods of Working

C.1. Felixstowe Branch Line Capacity Enhancement and Improvements PMW Master Sheet

C.2. Bats

C.3. Great crested newts

C.4. Common Species of Reptile

C.5. Badger

• •

If a bat (dead or alive) or evidence of bat presence (such as droppings or feeding remains) is found on Site, all works must cease in that area and advice should be obtained from one of the following ecologists:

• Martin Green - Ecologist 07585326671

Scott Cafferty – Senior Ecologist 07834565004

Compiled: Checked: Reviewed:

Pamela Wakefield Scott Cafferty Claire Wansbury

27/09/2017 28/09/2017 29/09/2017

Precautionary Method of Working | Version 1.0 | September 2017 | 5148381

If a Great Crested Newt is found on Site, all works must cease in that area and advice should be obtained from one of the following staff:

• Martin Green – Ecologist (07585 326671)

• Scott Cafferty – Senior Ecologist (07834 565004)

Precautionary Method of Working Version 1.1 September 2017


Scott Cafferty Claire Wansbury Claire Wansbury

28/09/2017 29/09/2017 29/09/2017

http://organisation.eu.atkinsglobal.com/sites/ecology/03_photo_amphibians/GCN underbelly.jpg

If a reptile is found on Site, all works must cease in that area and advice should be obtained from one of the following ecologists:

• Martin Green – Ecologist (07585 326 671)

• Scott Cafferty – Senior Ecologist (07834 565 004)




27/09/2017 28/09/2017 29/09/2017

If a Badger or previously unrecorded Badger Sett is found on Site, all works must cease in that area and advice should be obtained from one of the following ecologists:

• Martin Green – Ecologist (07585 326 671)

• Scott Cafferty – Senior Ecologist (07834 565 004)




26/09/2017 28/09/2017 29/09/2017

http://organisation.eu.atkinsglobal.com/sites/ecology/03_photo_badgers/Badger latrine.JPG


Atkins Precautionary Method of Working in relation to Bats, Great crested newts, Common Species of Reptile and Badger | Version 1.0 | October 2017

Appendix D. Toolbox Talk Attendance

Felixstowe Branch Line Capacity Enhancement and Improvements

Name Company Role Date Signature

© Atkins Ltd except where stated otherwise. The Atkins logo, ‘Carbon Critical Design’ and the strapline ‘Plan Design Enable’ are trademarks of Atkins Ltd.

Atkins Limited No 1 Croydon 12-16 Addiscombe Road Croydon CR0 0XT United Kindgdom

[email protected]

Precautionary Method of Working ver1...Felixstowe Branch Line Capacity Enhancement and Improvements...

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