PROTECTED SPECIES UPDATE REPORT: LAND AT FINNINGLEY QUARRY …

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Lafarge Aggregates Ltd ESL (Ecological Services) Ltd, 1 Otago House, Allenby Business Village, Crofton Road, Lincoln, LN3 4NL Protected Species Update Report: Land at Finningley Quarry, South Yorkshire / Nottinghamshire LAF.FQ PROTECTED SPECIES UPDATE REPORT: LAND AT FINNINGLEY QUARRY, SOUTH YORKSHIRE / NOTTINGHAMSHIRE FINAL V2 OCTOBER 2014

Transcript of PROTECTED SPECIES UPDATE REPORT: LAND AT FINNINGLEY QUARRY …

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Lafarge Aggregates Ltd

ESL (Ecological Services) Ltd, 1 Otago House, Allenby Business Village, Crofton Road, Lincoln, LN3 4NL

Protected Species Update Report: Land at Finningley Quarry, South Yorkshire / Nottinghamshire

LAF.FQ

PROTECTED SPECIES UPDATE REPORT:

LAND AT FINNINGLEY QUARRY, SOUTH

YORKSHIRE / NOTTINGHAMSHIRE

FINAL V2

OCTOBER 2014

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Lafarge Tarmac Ltd

ESL (Ecological Services) Ltd, 1 Otago House, Allenby Business Village, Crofton Road, Lincoln, LN3 4NL

Protected Species Update Report: Land at Finningley Quarry, South Yorkshire / Nottinghamshire

LAF.FQ

DOCUMENT CONTROL

TITLE: Protected Species Update Report: Land at Finningley Quarry, South Yorkshire / Nottinghamshire

VERSION: Final V2 DATE: October 2014 AUTHORS: Brian Hedley, Peter Watson, Emily Cook CHECKED BY: Andrew Malkinson APPROVED BY: Vanessa Tindale ISSUED TO: David Park

Restoration Manager Lafarge Tarmac Ltd Thrislington Quarry West Cornforth County Durham DL17 9EY Dan Walker David L Walker Ltd Albion House 89, Station Road Eckington Sheffield S21 4FW

This report has been prepared by ESL with all reasonable skill, care and diligence, within the terms of the contract with the Client. The report is confidential to the Client. ESL accepts no responsibility of whatever nature to third parties to whom this report may be made known. No part of this document may be reproduced without the prior written approval of ESL.

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Lafarge Tarmac Ltd

ESL (Ecological Services) Ltd, 1 Otago House, Allenby Business Village, Crofton Road, Lincoln, LN3 4NL

Protected Species Update Report: Land at Finningley Quarry, South Yorkshire / Nottinghamshire

LAF.FQ

CONTENTS

Page 1 INTRODUCTION 1 2 GREAT CRESTED NEWTS AND OTHER AMPHIBIANS 1 2.1 Survey Methods 1 2.2 Pond Descriptions 3 2.3 Survey Results 6 2.4 Discussion and Recommendations 6 3 REPTILES 7 3.1 Survey Methods 7 3.2 Results 8 3.3 Discussion and Recommendations 8 4 BATS 9 4.1 Survey Methods 9 4.2 Results 10 4.3 Discussion and Recommendations 14 5 WATER VOLES 15 5.1 Survey Methods 15 5.2 Drain Descriptions 15 5.3 Results 18 5.4 Discussion and Recommendations 18 6 BADGERS 19 7 BREEDING BIRDS 20 7.1 Survey Methods 20 7.2 Results 20 7.3 Discussion and Recommendations 21 8 INVERTEBRATES 22 8.1 Survey Methods 22 8.2 Results 22 8.3 Discussion and Recommendations 22 9 REFERENCES 23

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CONTENTS cont… Page TABLES 1 Dates and Weather Conditions During Amphibian Surveys 2 Pond Habitat Suitability Index Scores for Breeding Great Crested Newts 3 Dates and Weather Conditions of Reptile Surveys 4 Categorisation of Trees for Potential Use by Bats Based on Visual Assessment from the Ground 5 Dates, Times and Weather Conditions During Bat Surveys 6 Trees with Potential for Use by Roosting Bats 7 Summary of Results for Evening Bat Transect Surveys 8 Dates, Times and Weather Conditions of Breeding Bird Surveys 9 Total Counts for Phases 25-31 During Each Breeding Bird Survey Visit

FIGURES 1 Site Location Plan 2 Location of Waterbodies 3 Location of Reptile Refuges and Reptile Survey Results 4 Location of Trees Assessed for Bat Roost Potential and Transect Routes 5a Water Vole Survey Results: Clay Dike Area 5b Water Vole Survey Results: Deeps Drain Area (East & West) 5c Water Vole Survey Results: Fiftyeights Drain Area 5d Water Vole Survey Results: Deeps Drain (Central) 5e Water Vole Survey Results: Owl Drain Area 6 Badger Activity in Phases 25-31(April to August 2014) CONFIDENTIAL 7a Breeding Bird Survey Results (S41 Species of Principal Importance) 7b Breeding Bird Survey Results (S41 Species of Principal Importance) 7c Breeding Bird Survey Results (S41 Species of Principal Importance) 8 Breeding Bird Survey Results (Schedule 1 Species) CONFIDENTIAL 9 Locations of Invertebrate Records CHARTS 1 The total Number of Passes Recorded per Species at Both Overnight Points

on 10 June 2014. 11 2 The total Number of Passes Recorded per Species at Both Overnight Points

on 15 July 2014. 12 3 The total Number of Passes Recorded per Species at Both Overnight Points

on 12 August 2014. 13 APPENDICES 1 Species Recorded within Finningley Quarry Phases 25 to 31, April to August 2014 2 Summary of Legal Status for Relevant Species 3 Confidential Badger Section 6 of Report Relating to Badgers

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PROTECTED SPECIES UPDATE REPORT: LAND AT FINNINGLEY QUARRY, SOUTH YORKSHIRE / NOTTINGHAMSHIRE

1 INTRODUCTION

1.1 ESL (Ecological Services) Ltd has been commissioned by Lafarge Tarmac Ltd to carry out

various protected species update surveys of land at Finningley Quarry situated on the South

Yorkshire/Nottinghamshire border, particularly of proposed phases 25 to 31, prior to the

submission of a planning application to extract sand/gravel in those phases. These surveys

update the protected species surveys undertaken in 2012 (ESL, 2014) and together provide

the baseline for the Ecological Impact Assessment. . For this report the ‘site’ refers to the

application area shown on Figure 1. ESL has been involved with annual ecology surveys at

the Finningley Quarry site since 2002, covering permitted phases (originally numbered 20 to

25) and adjacent land, to satisfy planning conditions set by Nottinghamshire County Council

(consent ref. 1/32/02/00017) and Doncaster Metropolitan Borough Council (consent ref.

02/4515/P/MINA).

1.2 Since 2002, ESL has undertaken specific surveys for bats, badgers, brown hares, water voles

and great crested newts Triturus cristatus covering the permitted phases and adjacent land.

The first four species have all been found on site but great crested newts have not. Breeding

bird surveys have also been carried out annually since spring 2007 and reptile surveys since

2012. The details and results of all of the surveys are given in the series of ESL reports (ESL

2002, 2003, 2006a-d, 2007a-e, 2008a-e, 2009a-e, 2010a-e, 2011a-e, 2012, 2013).

1.3 This report describes the methods used and provides the findings of the update surveys for

great crested newts (and other amphibians), reptiles, bats, water voles (and otters), badgers

and breeding birds. Recommendations for mitigation are also given where appropriate. For

plant species recorded on the site and for bird and mammal species recorded both on the site

and in the wider area, English names are used throughout the text with a full species list

including scientific names given in Appendix 1. Where plants and animals not recorded by the

surveys are referred to, the scientific name is also given in the text. Both English and

scientific names of higher plants are given according to Stace (2010).

2 GREAT CRESTED NEWTS AND OTHER AMPHIBIANS

2.1 SURVEY METHODS

2.1.1 The surveys were carried out between 10 April and 4 June 2014 by a team of experienced

ecologists led by Brian Hedley, Natural England great crested newt survey licence No:

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CLS00719. All ponds on the site and in the wider area of Finningley Quarry (see Figure 2)

together with their surroundings, were first assessed during the daytime for the potential to

support breeding great crested newts and a standard pond assessment form was completed

for each. This assessment included some pond-netting in order to establish the presence of

aquatic invertebrates suitable as prey items and also to identify any potential predatory

species. Pond 2 which was in-filled several years ago and pond 5 which is now just a damp

wooded area, were both excluded from the 2014 surveys.

2.1.2 The assessment also included the provision of a quantitative measure of the ponds suitability

for the species using the Habitat Suitability Index endorsed by Natural England (Oldham et al,

2000). Ten variables are evaluated; these take into account the aquatic habitat, the

surrounding terrestrial habitat and local pond density to formulate a score that reflects overall

habitat quality.

2.1.3 Eight ponds were then surveyed for the presence of amphibians, using a combination of

standard methods (English Nature, 2001) as described below. Each survey visit was

undertaken by a team of two surveyors working within sight of each other for health and safety

reasons. The dates and weather conditions recorded on each survey are shown in Table 1.

Egg Search 2.1.4 Where present, a representative sample of the aquatic plants was carefully examined for the

presence of great crested newt eggs. Due to a lack of suitable vegetation, artificial egg-strips

(strips of plastic tied to bamboo canes) were used in temporary pond 1 and ponds 3, 4, 7, 8

and 9. To minimise disturbance no further searching is carried out in any pond once great

crested newt eggs have been found.

Refuge Search 2.1.5 Margins and adjacent terrestrial habitat to 5-10m from the edge of the water were checked for

the presence of stones, bricks and other rubble, planks, logs, etc, capable of being used for

cover by amphibians. Where found, a selection of such items were lifted to look beneath and

then carefully returned to the original footprint. Potential refuges are sparse at the Finningley

site.

Torchlight Survey 2.1.6 Each waterbody was searched by torchlight between dusk and midnight. The surveyors

walked slowly around each pond margin, where accessible and safe to do so, shining a

500,000 cp Clulite torch onto the surface of the water. Particular attention was paid to areas

around marginal vegetation and patches of open water, with potential for male newts to

display.

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2.1.7 In addition Deeps Drain and the newly created drains parallel with it were also included in the

evening torchlight surveys. These drains are also shown on Figure 2.

Netting 2.1.8 Evening pond-netting was carried out only following the torchlight search since it has the

potential to disturb sediment. A long-handled dip-net of 2-4mm mesh was swept vigorously

through the water at regular intervals around the perimeter of the pond (where safe to do so).

All animals caught were examined and identified, aged and sexed, under low-power torchlight.

They were returned to the pond as quickly as possible after capture.

Bottle-trapping

2.1.9 Bottle trapping was undertaken at all ponds where water levels allowed; pond 6 and temporary

pond 1 were too shallow and pond 1 was only trapped twice due to the fluctuating water level.

Bottle traps, specially constructed from 2 litre plastic bottles, were placed around areas of

safely accessible shoreline at a density of 1 trap per 2m. Each had an air bubble present and

was anchored in position using a garden cane. Locations of all traps were mapped on each

visit and the times of setting and removal were recorded; all traps were set between 20.00 and

22.00hrs, and removed between 09.00 and 10.00hrs.

2.2 POND DESCRIPTIONS

2.2.1 Pond 1 (Photograph 1) (outside the application boundary) is a roughly egg-shaped old slurry

lagoon, approximately 60m long and 30–40m wide. As in previous years this pond dried out

during the course of the surveys but it held shallow water on three visits this year. It supports a

good variety of marginal and aquatic vegetation. Adjacent habitats are varied including

woodland, scrub and tall herbs.

Photograph 1 Pond 1 Photograph 2 Temporary Pond 1

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2.2.2 Temporary Pond 1 (Photograph 2) is a shallow pond that dries out periodically. It has formed

in a depression in the substrate due to earthworks and has held sufficient water to vegetate

with rushes and sedges, the pond is used by wildfowl and amphibians.

2.2.3 Pond 3 (Photograph 3) is an engineered rectangular slurry lagoon, approximately 130m long

and 80m wide. Water clarity was moderate to good. It is connected to Pond 4 by a 4m wide

gap in the southern bank. Marginal vegetation is patchy (mainly rushes) and aquatic

vegetation is sparse. Access to the margins of the pond was generally good except from the

northern bank where dense vegetation obscured the view of the water surface. There is a

slurry outlet pipe in the north east corner. Adjacent habitats include the grassy banks, tall

herbs and Pickle Wood.

2.2.4 Pond 4 (Photograph 4) is a slurry lagoon very similar to Pond 3 and connected to it by a gap

in the northern bank. It is approximately 70m square. The sparse marginal vegetation

comprises mainly rushes, making it possible to access almost the entire pond margin.

Adjacent terrestrial habitat includes the grassy pond banks.

Photograph 3 Pond 3 Photograph 4 Pond 4

2.2.5 Pond 6 (Photograph 5) is a redundant slurry lagoon which is becoming terrestrialised with

frequent young trees. The area holding water is approximately 60m long by 50m wide. It held

shallow water throughout all visits this year, but has been dry in some previous years, though

the water level was too low to use bottle traps. It supports a variety of marginal wetland plants

and has varied adjacent habitats.

2.2.6 Pond 7 (Photograph 6) is another rectangular slurry lagoon, approximately 200m long and

70m wide with large areas of accumulated silt and sand. There is minimal marginal vegetation

of various rushes and no aquatic vegetation. The grass bank to the west is short due to

wildfowl and rabbit grazing but the other banks are dominated by tall ruderals. The banks are

very steep in places and much of the water margin has soft sand/silt, making approximately

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70% of the water margin inaccessible for survey. Water clarity was moderate to poor.

Adjacent terrestrial habitat included the grassy pond banks and arable land.

Photograph 5 Pond 6 Photograph 6 Pond 7

2.2.7 Pond 8 (Photograph 7) (outside the application boundary) is a new lake approximately 120m

long and 100m wide but is susceptible to variable water levels. There is little aquatic

vegetation other than the invasive New Zealand pygmyweed Crassula helmsii and only sparse

patches of marginal vegetation of various grasses, rushes and ruderals. Adjacent terrestrial

habitat consists of former agricultural land and a young deciduous plantation around the edge

of 40% of the pond. The pond has shallow margins around its whole length. Water clarity was

mainly moderate, but poor where waterfowl had been present.

2.2.8 Pond 9 (Photograph 8) (outside the application boundary in consented phase 23) was created

in 2013 as part of the sediment filtration system for site. The pond has colonised naturally with

a variety of marginal and aquatic vegetation and the surrounding habitat is a mixture of scrub,

hedgerow and ditches to the south and arable/quarry works to the north. The pond has

shallow margins but becomes deep in more central areas with a thick silt/sand substrate.

Water clarity was generally very good.

Photograph 7 Pond 8 Photograph 8 Pond 9

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2.3 SURVEY RESULTS

2.3.1 Table 2 gives the Habitat Suitability Index for each of the ponds assessed. Values for this

Index range between 0 and 1.0 with 1.0 representing optimal habitat and therefore a high

probability that great crested newts will occur, and 0 denoting very poor habitat with minimal

probability of occurrence of the species. Ponds 3, 4 and 8 have poor HSI scores, temporary

pond 1, pond 7 and 9 have an HSI greater than 0.6 (average) and ponds 1 and 6 have ‘good’

HSI scores.

2.3.2 No great crested newts were found in any pond on any survey visit. Adult smooth newts were

recorded in ponds 1, 6 and 9 with maximum counts of 19, 4 and 3 respectively. Adult common

toads were noted in ponds 3 and 8 whilst toad tadpoles or spawn was noted in all ponds. Toad

tadpoles and spawn were also found in good numbers in Deeps Drain and the drains parallel

with it. Juvenile common frogs were observed and trapped in pond 1 and frequent frog

tadpoles were noted in ponds 6, 8 and 9.

2.3.3 Frequent juvenile common toads and occasionally adults were found under the artificial

refuges during the reptile surveys across the majority of the site. Common frogs were also

occasionally noted under the reptile refuges.

2.4 DISCUSSION AND RECOMMENDATIONS

2.4.1 No great crested newts were found during the survey and none have been recorded on the

wider Finningley Quarry during surveys over the last ten years. Based on these data and on

current knowledge of this species it is considered reasonably unlikely that they are present on

site. Therefore there is no requirement for protective measures or mitigation for this species at

the present time

2.4.2 Common toad is a species of Principal Importance listed by the Secretary of State in

accordance with Section 41 (S41) of the Natural Environment and Rural Communities (NERC)

Act 2006 and the site and surrounding ponds current support a sizeable population.

2.4.3 As part of the on-going site monitoring it is recommended that a further great crested newt

survey be undertaken during spring 2016, covering the existing ponds and any suitable

waterbodies created in the interim. This could either be using the standard 4-visit

presence/presumed absence survey method or by using eDNA analysis of water samples.

This recommendation is made based on the fact that great crested newts were known to be

present in the Misson Carr area during 2011, about 1.5km from the site (Misson Carr Reserve

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Manager, pers comm) and therefore could potentially move on to the site in future, particularly

as waterbodies on the site are restored..

3 REPTILES

3.1 SURVEY METHODS

3.1.1 The site was assessed for its potential to support reptiles. Suitable habitat comprises

structurally varied vegetation which supports good numbers of invertebrates and provides both

open areas for basking, particularly on south-facing slopes, and denser patches that provide

shelter from predators (Beebee and Griffiths, 2000).

3.1.2 In total, about 200 artificial refuges (0.5m2 corrugated bitumen sheets - Photograph 9) were

then placed in areas of suitable habitat in order to determine the presence and distribution of

reptile species. Reptiles may be found both on top of the sheets and under them as part of

their thermoregulatory behaviour, absorbing heat both directly from the sun and by conduction

from the sheet itself. Each sheet was inspected seven times in weather conditions when any

reptiles present could reasonably be expected to be active (English Nature, 1994) and these

conditions are given in Table 3.

3.1.3 The direct observation survey method for reptiles was also undertaken in appropriate habitat.

This involves walking slowly and quietly through all suitable habitats, watching and listening

for animals or movement, particularly at the interface between open and dense vegetation.

Locations of reptile refuges are shown on Figure 3.

Photograph 9 Artificial reptile refuges

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3.2 RESULTS

3.2.1 Most field margins, all the major drains and a number of the dry ditches were identified as

potential reptile habitat (particularly for grass snakes), providing both structural diversity and

cover and connectivity with surrounding suitable habitat.

3.2.2 Reptiles were recorded on site during five of the seven specific reptile survey visits plus others

were noted during the course of other fieldwork. Adult grass snakes were found in three

locations: in the northeast corner of phase 28, on the bank of Fiftyeights Drain near where it

joins Owl Drain in phase 25; and off site but close to the hedgerow east of phase 29. Juvenile

grass snakes were recorded alongside a hedgerow in the north of phase 29 and along the

bank of Owl Drain in phase 25 (three records). Adult common lizards were recorded as

follows: two alongside the railway in the north of phase 26; individuals along the banks of

Fiftyeights Drain/Owl Drain in the north of phase 25; and an individual near the railway

embankment in the northeast corner of phase 25. A maximum of eight juvenile common

lizards were noted alongside the railway in the north of phase 26 and a single individual was

noted along the bank of Fiftyeights Drain in the north of phase 25. The locations of all reptile

records are shown on Figure 3.

3.3 DISCUSSION AND RECOMMENDATIONS

3.3.1 The results of the reptile survey show that grass snakes and common lizards are present on

site and in the general area. The surveys in 2012 (ESL, 2012) and 2013 (ESL, 2013) also

found grass snakes and common lizards, mainly in the north of phase 26 but in lower numbers

than this year. It is likely that the habitats along the railway to the north provide a good

movement corridor for reptiles and is probably the source for reptiles into the site generally.

3.3.2 As habitats alongside the larger wet drains would seem to be preferred by reptiles within the

survey area, protection measures will need to be employed to avoid killing or injuring reptiles

during quarrying works. The 8m stand off zone required alongside all IDB drains will provide

this protection including along Deeps Darin, Clay Dike and Fiftyeights Drain, plus the section

of Owl Drain which will be retained. Further measures to ensure that the reptiles using the

section of Owl Drain to be lost in Phase 25 are not killed or injured will be achieved via a

mitigation plan. This is likely to be via a programme of receptor habitat improvement works

and translocation of animals.

3.3.3 As grass snakes and common lizards are known from across the Finningley Quarry site it is

recommended that monitoring of future extension phases continues so that

protection/mitigation measures can be taken in advance of extraction. The proposed

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restoration scheme for the whole quarry complex will increase available habitats for reptiles in

the long term, and it is expected that reptile populations will increase on completion of the

restoration.

4 BATS

4.1 SURVEY METHODS

Tree assessments & emergence/re-entry surveys 4.1.1 Using close-focusing binoculars, a daytime re-assessment was made of all trees either on the

boundary of or within the proposed extraction phases 25-31 for features with potential to

support roosting bats using the criteria in Table 4. Suitable features include disused

woodpecker holes, delaminating bark, rot holes, cracks and splits in trunks and branches and

ivy cladding (English Nature, 2004). The location of trees with bat roost potential were

recorded using a hand-held GPS receiver and are shown on Figure 4.

4.1.2 Tree T36 was subject to two dusk emergence watches and one dawn re-entry watch by two

surveyors using hand-held heterodyne detectors.

Transects 4.1.3 Three bat activity transects with 5-minute stationary points were walked during the summer

(10 June, 15 July and 12 August 2014) by a team of two surveyors using Anabat SD-1

detectors. The transects covered parts of the proposed extraction phases 25-31,

concentrating on areas with better habitat connectivity, e.g. hedgerows, tree lined tracks and

drains. The weather conditions during each of the three visits were considered suitable for bat

survey work and are recorded in Table 5. Descriptions of the trees with bat roost potential are

given in Table 6; their locations, and those of transect routes and static detectors are shown

on Figure 4.

Static logging surveys

4.1.4 To determine the species assemblage and levels of use, bat activity was also sampled using

2-3 static Anabat SD-1 detectors, carried out on three occasions between 10 June and 12

August 2014, a time of the year when bats are most active. The Anabat locations used on

each visit are shown on Figure 4. The weather conditions were suitable for overnight activity

surveys on all dates (see Table 5).

4.1.5 Anabat data were analysed using AnalookW v3.8s software. Call parameters for species

identification were taken from Russ (2012). Each Anabat sound file containing at least two

sequential bat calls with no more than a one second break between sequences is defined as a

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‘pass’. It should be noted that the number of passes recorded for each species is highly

influenced by the species relative abundance, call amplitude and foraging strategy.

Furthermore, the number of passes should not be interpreted as a count of individual bats but

(at best) as a proxy for how well used (and so perhaps ecologically important) a particular

habitat is, often relative to another. Calls by the genus Myotis are notoriously difficult to

identify with certainty to species level and so are grouped together.

4.1.6 During the evening great crested newt surveys, all bats encountered, either by sight (usually

by torchlight) or by using an electronic detector, were also noted.

4.2 RESULTS Tree assessments & emergence/re-entry surveys 4.2.1 The tree survey identified 28 trees within phases 25-31 (including boundaries) with suitable

bat roost features (see Table 6). Of those, one Cat 2a tree will be directly impacted by the

extraction works (Tree 36 in phase 25). During the two evening emergence watches and the

pre-dawn re-entry watch no evidence of use of T36 by bats was recorded. Two further trees

T36 and T44 will be impacted in the final proposed phases.

Transects 4.2.2 On 10 June 2014, bat activity comprised 14 common pipistrelle passes, two passes by

soprano pipistrelle and a single brief pass by a Myotis species. These included a mixture of

commuting passes and feeding buzzes. The first pass (a common pipistrelle) was at

22:48hrs, over 1 hour post sunset (sunset 21:33hrs). As this species typically emerges

between 20-33 minutes post sunset it suggests that these bats were not from a nearby roost.

4.2.3 On 15 July 2014, the pattern of activity was similar but lower, with only six common pipistrelle

passes, one noctule pass and a single Myotis pass. As in June, the first passes were not

recorded until over 1-hour post-sunset. The majority of passes recorded during both the June

and July transects were recorded along Fiftyeights track.

4.2.4 On 12 August 2014 only a few common pipistrelle and Myotis passes were recorded. As on

previous surveys, the times of the first passes did not indicate that the bats had travelled from

nearby roost sites. During each evening transect the majority of registrations were in the

vicinity of linear features, e.g. drains, hedgerows and tree-lined tracks. The results of the

evening transect surveys are summarised in Table 7.

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Static logging surveys 4.2.5 The following species assemblage was recorded on site by the static loggers during the

surveys:

• common pipistrelle Pipistrellus pipistrellus

• soprano pipistrelle Pipistrellus pygmaeus

• noctule Nyctalus noctula

• Daubenton's bat Myotis daubentoni

• brown long-eared bat Plecotus auritus

• Myotis sp, most likely whiskered bat or Brandt’s bat Myotis mystacinus/M.brandtii.

4.2.6 On 10 June 2014 the overnight static Anabat located by T36 recorded only two passes by

common pipstrelle with the first pass recorded at 22:34hr. On the same night the static

Anabat located on the edge of Fiftyeights Track next to phase 25 recorded fourteen Myotid

species passes from 23:20hrs onwards, eight soprano pipistrelle passes from 21:58hrs

onwards and six common pipistrelle passes recorded between 22:13 and 03:35hrs.

Chart 1 The total number of passes recorded per species at both overnight sample points on 10 June

2014.

4.2.7 Chart 1 shows the total number of passes for each species recorded on the static overnight

Anabats at both sample points during the overnight sample period in June. Overall the activity

levels for all species were very low at both sample points, suggesting nothing more than

occasional passes by low numbers of commuting and foraging individuals. Again, the times of

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the first and last passes in relation to sunset and sunrise times recorded at each sample point

do not indicate that the bats were travelling from nearby roost sites.

4.2.8 On 15 July 2014 the overnight static Anabat located by T36 recorded only one pass each by

common pipstrelle and a Myotid species. On the same night the static anabat located on the

edge of Fiftyeights Track next to phase 26 recorded 75 passes by common pipistrelle, two

passes each by soprano pipstrelle and noctule and a single pass by a myotid species. During

the same sampling period the overnight static Anabat located along the eastern edge of Pickle

Wood recorded 144 passes by common pipistrelle, 90 passes by noctule, 14 Myotid species

passes with four passes by soprano pipistrelle recorded and a single pass by brown long-

eared bat.

Chart 2 The total number of passes recorded per species at each sample point on 15 July 2014.

4.2.9 Chart 2 shows the total number of passes for each species recorded on the static overnight

anabats at each sample point during the overnight sample period in July. As in June the

activity levels for all species were very low by T36 with only two passes recorded, and

relatively low activity levels were also recorded by Fiftyeights track with the highest number of

passes, 75 for common pipistrelle, indicating nothing more than repeat foraging passes by low

numbers of foraging individuals. Again, the times of the first and last passes in relation to

sunset and sunrise times recorded at the sample points by T36 and Fiftyeights Track do not

indicate that the bats were travelling from nearby roost sites. In comparison relatively higher

levels of activity were recorded along the eastern edge of Pickle Wood with 144 passes

recorded for common pipistrelle and 90 passes recorded for noctule with a single pass for

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brown long-eared bat also noted. Low numbers of passes were also recorded for soprano

pipistrelle and from the Myotis genus.

4.2.10 On 12 August 2014 the overnight static Anabat located by T36 recorded only a single pass by

common pipstrelle during the sample period whilst on the same night the static Anabat located

on the edge of Fiftyeights Track next to phase 29 recorded only three passes by common

pipistrelle and a single pass each by a Myotid species and noctule. During the same sampling

period the overnight static anabat located along the eastern edge of Pickle Wood recorded

increased levels of activity with 613 passes by common pipistrelle, 25 passes by noctule, 29

Myotid species passes and 15 passes by soprano pipistrelle.

Chart 3 The total number of passes recorded per species at each sample point on 12 August 2014.

4.2.11 Chart 3 shows the total number of passes for each species recorded on the static overnight

anabats at each sample point during the overnight sample period in August. Mirroring the

results from June and July, the overall activity levels for all species were very low by T36 and

also on Fiftyeights track next to Phase 29. Again, the times of the first and last passes in

relation to sunset and sunrise times recorded at the sample points by T36 and Fiftyeights

Track do not indicate that the bats were travelling from nearby roost sites. Again, in

comparison relatively higher levels of activity were recorded along the eastern edge of Pickle

Wood.

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4.2.12 The first pass for noctule recorded at the sample point by Pickle Wood on 15 July 2014 was

21:37hrs (10 minutes post sunset) with the last pass recorded at 04:25hrs (28 minutes pre-

sunrise). The first pass recorded for common pipistrelle at the same sample point during the

same survey period was recorded at 22:16hrs (49 minutes post sunset) with the last pass

recorded at 03:59hrs (54 minutes pre-sunrise). Similar times were recorded for first and last

passes for both species on 12 August. Given the typical emergence times for these species

from their roosting sites the data indicates that the bats were travelling from nearby roost sites.

4.2.13 During the evening great crested newt survey visits on 1 May and 4 June 2014, feeding

Daubenton’s bats were identified in the area of the lagoons (ponds 3, 4, 6 and 7) to the

southwest of phase 30.

4.3 DISCUSSION AND RECOMMENDATIONS

4.3.1 In total, 29 trees within phases 25-31 have potential for use by bats. T36 will be impacted by

the proposed extraction phases in the near future. As no bats were seen to exit or enter this

tree it is currently considered unlikely to support roosting bats. It recommended that this tree

is reassessed immediately prior to removal and assuming the risk of bats being present is

acceptably low, it is soft-felled in the presence of a licenced bat ecologist. The optimal time to

carry out this work is between 1 March to 1 May or 1 September to 1 November, thus avoiding

the maternity and hibernation periods when bats are most vulnerable. T36 and T44 will

continue to be re assessed for the next three years during monitoring surveys and will be

subject to dusk and dawn surveys according to BCT guidelines in at least the season prior to

proposed removal.

4.3.2 In compensation for the loss of trees, nine Schwegler 1FF bat boxes (three per tree lost) will

be installed on suitable trees that will not be affected by works. The boxes must be installed

prior to the loss of the trees. The acoustic data indicate that (access permitting), Pickle Wood

would be the most productive place to place boxes and this should be done before removal of

any of the trees.

4.3.3 It should be considered when interpreting data from the Anabats that common pipistrelles are

a common and widespread species with relatively loud calls which are easily recorded. These

factors combined with their tendency to forage backwards and forwards in the same area for

long periods of time makes it quite likely that individual or low numbers of bats are responsible

for a disproportionately high number of call sequences when compared to other species.

4.3.4 The activity levels recorded during transects and on most static loggers were generally low

and suggest little more than occasional foraging by low numbers of bats, though activity levels

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increase towards the open water and woodland habitats in the west of the site. This is not

unexpected given the arable nature of the site. This corroborates previous survey data from

long term monitoring on the Finningley Quarry site which shows consistently low numbers of a

narrow range of species using the site generally (ESL 2006b, 2007c, 2008c, 2009d, 2010d,

2011d, 2013, 2014).

4.3.5 Whilst the level of use of the Site is relatively low maintaining connectivity across the

landscape during extraction is still likely to be of importance to local populations of bats.

Retention of as many hedgerows as possible along the boundaries of phases and retention of

the tree and hedge line along Fifyeights Track will contribute to attaining this. Furthermore the

8m standoff from Clay Dike, Deeps Drain and boundary drains of Phases 25, 27, 29 and 30,

will further contribute to maintaining foraging habitat and connectivity across the landscape.

4.3.6 The most significant data pertain to Pickle Wood which generated the highest species

assemblage, the greatest numbers of passes of all species and the closest passes to sunset

and sunrise. Taken together, these data strongly indicate that common pipistrelle and noctule

bats (and perhaps other species) are roosting in trees in Pickle Wood.

5 WATER VOLES

5.1 SURVEY METHODS

5.1.1 All drains which provide suitable habitat for water voles within or adjacent or close to the site

were surveyed. One surveyor worked in the channel searching for signs of water vole activity

and a second surveyor remained on the bank as scribe and Health and Safety cover. Pond

edges were also searched for water vole signs during the great crested newt survey. Signs of

otter and mink were also searched for and recorded.

5.1.2 Signs of water voles looked for included burrows, latrines, pathways and feeding remains

(Strachan at al, 2011) and these were noted, mapped and where relevant, photographed.

5.2 DRAIN DESCRIPTIONS

5.2.1 The drains surveyed were Clay Dike; a small section of Moizers Drain; Fiftyeights Drain; Deep

Drain; Owl Drain; and a new drain parallel to the south of Deeps Drain. The locations of these

drains are shown on Figures 5a to 5e. All of the drains surveyed, apart from Fiftyeights Drain

which had some dry sections at the time of survey, had varying depths of still to slow-flowing

water. The two newly created drains parallel and north of Deeps Drain were assessed but

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were not part of the detailed surveys due to the lack of vegetation and water at the time of

survey.

5.2.2 Clay Dike, which borders the northern boundaries of phases 26, 27 and 28, varies in width

between 1-2.5m, the water depth has dropped from last year to a maximum of approximately

0.5m but the silt layer is up to 0.4m in places (Photograph 10). It supports frequent common

reed at the southern sewage works end. The survey was conducted slightly earlier in the

season compared to 2013 but similar plant species were recorded including mats of water-

starwort within the channel. Other occasional species recorded include reed sweet-grass,

floating sweet-grass, common duckweed and celery-leaved buttercup. The re-formed section

of Clay Dike associated with Phase 20 and 21 is now fully vegetated both on the banks and in

the channel, and includes mainly water-starwort species and celery-leaved buttercup. The

water level in this section was approximately 10 - 15cm deep.

Photograph 10 Clay Dike Photograph 11 Deeps Drain

5.2.3 Running off Clay Dike and off site is Moizers Drain which is 1.5-2m wide and 0.3m deep with

little channel vegetation except common reed. Large amounts of silt are present in the north

eastern half of the drain and there has been some slumping of the eastern bank, the bottom

40cm of which was bare earth.

5.2.4 Fiftyeights Drain, which flows through the centre of the site and borders most of the phases,

varies from 0.75-1.5m wide. Water was absent along the majority of its length during the

surveys, though where wet around the centre of the Site it had a depth of 5-15cm. No aquatic

vegetation was present in the channel. The banks are almost entirely covered with common

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nettle and bramble with frequent hedgerow sections above creating some heavily shaded

sections.

5.2.5 Deeps Drain, which forms the southern boundary of phases 25, 29 and part of 30, is 1-2m

wide and 0.5-1.2m deep. Water was present along its entire length but the only aquatic

vegetation was common reed (Photograph 11) which is probably as a result of slubbing-out in

2013. The central section showed signs of recent bank re-profiling but is re-vegetating. A new

drain running parallel to and about 10m to the north of Deeps Drain was discharging into it at

the time of the survey.

5.2.6 New Drain South of Deeps Drain is 1-1.5m wide and 0.2-0.4m deep and has become well

vegetated over the last year with a good variety of naturally colonised wetland species

(Photograph 12). The banks mainly support rank grasses but with frequent ruderals.

Photograph 12 New drain south of Deeps Drain Photograph 13 Owl Drain

5.2.7 Owl Drain, including the drains to the north in phase 25, is 1.5-2.5m wide and 0.1-0.4m deep

and merges with Fiftyeights Drain at the west end (Photograph 13). Species in the channel

included water-starwort, reed sweet-grass and floating sweet-grass. The banks of Owl drain

are dominated by rank grasses but with frequent ruderals and umbellifers. There was a thick

layer of silt in the channel.

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5.3 RESULTS

5.3.1 Signs of water vole activity, including active burrows, were found in all the drains surveyed

and the results are shown in Figures 5a to 5e. No signs of otter or mink were noted in any of

the drains or around the edges of the ponds.

5.3.2 Activity in Clay Dike (Figure 5a) included burrows, latrines, feeding signs, pathways and

grazed lawns and was evident along the majority of the drain. Activity has marginally

decreased at the southern end but increased slightly to the north since the annual monitoring

survey in 2013 (ESL, 2013). Activity in Moizers Drain towards the southern end of Clay Dike,

but off site, remains high with frequent burrows, feeding signs and latrines.

5.3.3 Water vole activity in Fiftyeights Drain was, as in 2013, at a very low level and concentrated in

one central area where just a few active burrows were found (Figures 5c and e). Disused

burrows reported as scattered throughout the southern half of the drain in 2013 are no longer

visible.

5.3.4 The density of water vole signs (including latrines and active burrows) in Deeps Drain (Figures

5b and d) had decreased since 2013, but the range has spread to cover a greater proportion

of the drain length. Water vole activity was recorded throughout most of the drain with the

exception of the areas where banks had been re-profiled and have yet to fully recolonise.

5.3.5 The new ditch parallel and to the south of Deeps Drain has been colonized by water voles at

the western end with active burrows and latrines noted.

5.3.6 Owl Drain (Figure 5e) has a small number of burrows in the section of drain to be retained

towards the railway line.

5.4 DISCUSSION AND RECOMMENDATIONS

5.4.1 Overall the general trend across all the drains surveyed showed activity remained similar to

2013 though differing slightly in range. The colonisation of the new drain south of Deeps Drain

is encouraging and this area now has the highest density of water vole activity within the

survey area. Population levels are still high on the site as a whole, but there has been some

shrinkage of the range on Owl Drain and Fiftyeights Drain, counteracted by an expansion on

parts of Clay Dike and Deeps Drain. The gradual increase in vegetation cover on the northern

part of Clay Dike is likely to be contributing to increased activity in that drain.

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5.4.2 The water vole activity recorded along Fiftyeights Drain is still very low (as first noted in 2012)

and concentrated in one small central area. This is very likely to be the result of continuing

very low water levels.

5.4.3 Water vole populations are known to be subject to fluctuations due to various factors such as

food supply, vegetation cover, water depth and predation. Although mink signs were noted

along Deeps Drain in 2013 no obvious signs were reported during this survey. Monitoring for

mink will be incorporated into future monitoring surveys.

5.4.4 Owl Drain appears highly suitable for water voles but had only a few active burrows noted. It is

likely that this is due to frequent management of the channel during agricultural practices in

combination with the fact that the adjacent crops are sown close to the bank top leaving

virtually no arable margin.

5.4.5 Currently no section of drain which supports water vole will be lost in any of the extraction

phases. All of the drains to be lost are damp/dry and not suitable for water vole, with the

exception of part of Owl Drain (and Fiftyeights Drain in the west). Whilst this section of drain

does not currently have water vole activity it would be suitable if managed sensitively. All of

the drains which have water vole populations will be retained throughout the extraction phases

and they will be protected from any impacts by the implementation of an 8m wide buffer. This

buffer applies to Clay Dike, Deeps Drain, Fiftyeights Drain and the retained section of Owl

Drain. The buffer will be clearly marked on the ground and will not be used for site activities

thereby avoiding disturbance to water voles or impacts on their burrows.

5.4.6 Given the period of extraction, monitoring of phases will be necessary to ensure that water

vole do not colonise any new sections of drain which may be subject to future impacts.

5.4.7 All drains to be reinstated or created as part of the restoration scheme will be constructed to

encourage future colonisation by water voles. It is expected that the range of water vole will

expand into the new drains as has been shown in the new drain to the south of Deeps Drain.

6 BADGERS See Appendix 3 Confidential Section 6 of report relating to Badgers.

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7 BREEDING BIRDS

7.1 SURVEY METHODS

7.1.1 Six visits were made to the site to record and map all birds seen or heard, using Common Bird

Census (CBC) species codes and activity symbols (Marchant, 1983). Survey route and

direction walked were also recorded on the fieldwork maps to aid analysis. All surveys were

carried out between 05.45 and 10.35 hrs. Survey dates, weather conditions and start and

finish times are shown in Table 8.

7.1.2 In addition to the six mapping surveys, birds seen or heard during the course of other surveys

on site between April and August 2014 are also included on the bird species list in Appendix 1.

Nocturnal and crepuscular species (such as owls) were particularly listened for during the

evening surveys for great crested newts and bats.

7.1.3 All birds seen and heard using immediately adjacent habitats to the site were also recorded.

An assessment was made of the habitats on site for their potential to support breeding birds

listed on Schedule 1 of the Wildlife and Countryside Act (1981 and as amended).

7.2 RESULTS

7.2.1 Fifty-six species of bird were recorded during the six breeding bird survey visits as using the

proposed extension phases 25-31 and these are listed in Table 9 which also gives likely site

status and number of pairs/territories where relevant. Of these, 14 are S41 Principal Species

namely grey partridge, lapwing, turtle dove, cuckoo, skylark, yellow wagtail, dunnock, song

thrush, tree sparrow, linnet, bullfinch, yellowhammer, reed bunting and corn bunting. The

locations of these S41 Principal Species are shown Figures 7a to 7c.

7.2.2 Green sandpiper was noted in the north of phase 25 within Owl Drain on 10 April 2014.

Further Schedule 1 species were noted using the area around the lagoons in the south-west

during the breeding bird visits: avocet and little ringed plover. Up to two avocets were regular

between April and July around ponds 4 and 7 plus in a wet grassland area south of pond 6. A

single little ringed plover was recorded next to a temporary pool between phases 26 and 27 on

29 April 2014 and up to two were noted occasionally around pond 7 and pond 8 (off site).

Four little ringed plovers (2 pairs?) were noted off site calling around a shallow pool in arable

land north of phase 29 on 10 April 2014. Three whimbrel were noted off site around pond 8 on

29 April 2014. Single kingfishers were noted flying and calling along Deeps Drain off site on 3

July and 13 August 2014.

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7.2.3 Two hobbies were noted calling over phase 28 on both 12 and 13 August 2014 and single

barn owls were noted hunting alongside Deeps Drain on 4 April 2014 and over phase 25 on

13 August 2014. The location of all the Schedule 1 species are shown on confidential Figure

8.

7.2.4 Other species noted as using the site during the six breeding bird survey visits included

Canada goose, gadwall, grey heron, sparrowhawk, kestrel, buzzard, green woodpecker,

tawny owl, wheatear, sand martin, nuthatch, treecreeper and rook. An active sand martin

colony within a sand cliff south of Pond 7 was recorded and a large rookery is present within

Pickle Wood off site. Tawny owls were noted breeding within a large ash tree alongside

Fiftyeights Track next to phase 25.

7.2.5 From all fieldwork visits to the site and adjacent land during 2014 a total of 84 bird species

were recorded, many of which are wetland species associated with the ponds to the

southwest and south of the proposed phases. A total of ten wader species were recorded

which is a very good assemblage for an inland site.

7.2.6 All habitats on site have the potential to support nesting birds, including all the S41 Principal

Species, particularly the hedgerows, woodlands and rough grassland areas.

7.3 DISCUSSION AND RECOMMENDATIONS

7.3.1 From the results of the six breeding bird survey visits it is considered that 43 species are

possibly or probably breeding within proposed extension phases 25-31 (including their

boundaries). This number is very similar to the results of previous bird surveys of the

proposed phases and currently permitted phases.

7.3.2 The phased nature of the proposed extensions and the retention of the 8m wide buffers

adjacent to IDB drains will provide continutity of habitat for breeding birds. The restoration of

phases with boundary features ensures that only relatively small areas of good breeding bird

habitat are impacted at any one time. It is recommended that as many boundary features as

possible should be retained or re-instated as part of the restoration scheme as these are the

key nesting habitats for many bird species recorded during the surveys.

7.3.3 Of the Schedule 1 species recorded during 2014, there are habitats on Site that could support

nesting hobby and barn owl. The areas around the lagoons and some shallow pools within

arable fields off site, were particularly attractive to avocet and little ringed plover and it

possible that one pair of avocet and 2-3 pairs of the little ringed plover may have bred in the

vicinity during 2014. Kingfishers were recorded twice along Deeps Drain during 2014 and

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could potentially be nesting along this watercourse adjacent to the site. The two other

Schedule 1 species noted during 2014, green sandpiper and whimbrel, are considered just to

be passing through the site on passage to breeding sites further afield. Figure 8 should be

treated as confidential to guard against egg-collectors or disturbance to nest sites.

7.3.4 In order to avoid damaging or destroying bird nests, site clearance should be undertaken

outside the breeding season, which typically runs from the beginning of March to the end of

August. If this is not possible then a check must be made for nests by a suitably experienced

individual prior to any clearance works. Any nests thought to be active should be identified

and protected until the eggs have hatched and young have fledged. Active nests can be

present outside this time and any found at any stage should be protected in the same way.

7.3.5 It is considered that the proposed restoration scheme, which comprises a wide variety of

habitats to be restored and newly created, will benefit both wintering and breeding birds in the

long term. Many of these birds have declining populations nationally.

8 INVERTEBRATES

8.1 SURVEY METHODS

8.1.1 No specific surveys were carried out for invertebrates but during the course of all fieldwork

visits to the site all readily identifiable species were recorded, particularly butterflies,

dragonflies and moths. Notes were made on habitats considered to be good for invertebrates.

8.2 RESULTS

8.2.1 Eighteen species of butterflies, including wall brown, S41 Principal species and Essex skipper;

10 moth species including shaded broad-bar and cinnabar, S41 Principal Species; eight

dragonfly/damselfly species; and glow worm S41 Principal Species were noted during the

fieldwork surveys. A full list of species is given in Appendix 1.

8.2.2 The habitats which are considered best for invertebrate interest are the drains, hedgerows and

habitats close to the lagoons. The farmed arable fields are of limited interest due to the

intensive nature of their management.

8.3 DISCUSSION AND RECOMMENDATIONS

8.3.1 All of the species recorded are common and widespread with the exception of Essex skipper

which is fairly uncommon this far north in England (Asher et al, 2001), and wall brown and

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glow worm. Habitats for all of these species will be improved and increased on completion of

restoration, which will include the creation of acid grassland areas, scrub planting and

woodland creation on former arable land.

9 REFERENCES

Bat Conservation Trust. 2012. Bat surveys – Good practice guidelines, 2nd Edition. Bat

Conservation Trust, London.

Beebee & Griffiths. 2000. Amphibians and Reptiles. New Naturalist, Glasgow.

English Nature. 1994 (and as updated). Species Conservation Handbook. English Nature,

Peterborough.

English Nature. 2001. Great Crested Newt Mitigation Guidelines. English Nature,

Peterborough.

English Nature. 2004. The Bat Mitigation Guidelines. English Nature, Peterborough.

ESL. 2002. Finningley Quarry Extensions: Ecological Baseline and Assessment of Impacts.

Unpublished report to Lafarge Aggregates Ltd / MJCA.

ESL. 2003. Finningley Quarry Extensions: Survey for Great Crested Newts and Bats.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2006a. Badger Activity Survey (April/May 2006), Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2006b. Survey for Bats at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2006c. Survey for Water Voles at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2006d. Survey for Great Crested Newts at Finningley Quarry, Finningley, South Yorkshire

ESL. 2007a. Badger Activity Survey (March/April 2007), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

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ESL. 2007b. Breeding Bird Survey (April to June 2007), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2007c. Survey for Bats at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2007d. Survey for Great Crested Newts at Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2007e. Survey for Water Voles at Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2008a. Badger Activity Survey (April/May 2008), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2008b. Breeding Bird Survey (April to June 2008), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2008c. Survey for Bats at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2008d. Survey for Great Crested Newts at Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2008e. Survey for Water Voles at Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2009a. Badger Activity Survey (April/May 2009), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2009b. Breeding Bird Survey of Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2009c. Great Crested Newt Pond Assessment Survey at Finningley Quarry, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2009d. Survey for Bats at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

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ESL. 2009e. Survey for Water Voles at Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2010a. Badger Activity Survey (March-May 2010), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2010b. Breeding Bird Survey of Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2010c. Great Crested Newt Pond Assessment Survey at Finningley Quarry, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2010d. Survey for Bats at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2010e. Survey for Water Voles at Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2011a. Badger Activity Survey (March-May 2011), Finningley Quarry, Finningley, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2011b. Breeding Bird Survey of Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2011c. Great Crested Newt Pond Assessment Survey at Finningley Quarry, South

Yorkshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2011d. Survey for Bats at Finningley Quarry, Finningley, South

Yorkshire/Nottinghamshire. Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2011e. Survey for Water Voles at Finningley Quarry, Finningley, South Yorkshire.

Unpublished Report to Lafarge Aggregates Ltd.

ESL. 2013. Protected Species Monitoring: Land at Finningley Quarry, South Yorkshire /

Nottinghamshire. Unpublished report to Lafarge Tarmac Ltd.

ESL 2014. Ecological Baseline Survey of Land at Finningley Quarry, South Yorkshire /

Nottinghamshire Version 2 February 2014. Unpublished report to Lafarge Aggregates Ltd.

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Harris S, Jefferies D, Cheeseman C and Booty C. 1994. Problems with Badgers? (3rd ed).

RSPCA, Sussex.

Marchant J H. 1983. Common Bird Census Instructions. British Trust for Ornithology, Tring.

Oldham R.S., Keeble J., Swan M.J.S. & Jeffcote M. 2000. Evaluating the suitability of habitat

for the Great Crested Newt (Triturus cristatus). Herpetological Journal 10 (4), 143-155.

Russ, J. 2012. British Bat Calls. A Guide to Species Identification. Pelagic Publishing. UK.

Stace C. 2010. New Flora of the British Isles. 3rd Edition, CUP, Cambridge.

Strachan R, Moorhouse T and Gelling M. 2011. Water Vole Conservation Handbook. Third

Edition. Wildlife Conservation Research Unit, Oxford.

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TABLES

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TABLE 1. DATES AND WEATHER CONDITIONS DURING AMPHIBIAN SURVEYS

Date of visit Ambient temp Conditions

10/04/14 13°C Overcast, dry, F2 SW wind

01/05/14 10°C Overcast, occasional drizzle, F3 SE wind

15/05/14 14°C Clear sky, dry, F2 SW wind

04/06/14 14°C Clear sky, dry, F1 NE wind

TABLE 2 POND HABITAT SUITABILIITY INDEX SCORES FOR BREEDING GREAT CRESTED NEWTS

Pond No. HSI Score

1 0.74 (Good)

Temp 1 0.66 (Average)

3 0.48 (Poor)

4 0.48 (Poor)

6 0.77 (Good)

7 0.67 (Average)

8 0.42 (Poor)

9 0.69 (Average)

TABLE 3 DATES AND WEATHER CONDITIONS OF REPTILE SURVEYS

Date of visit Ambient temp Conditions 11/04/14 12°C Sunny, dry, F2 SW wind 02/05/14 12 - 15°C Partly sunny, dry, F3-4 SE wind 05/06/14 14 - 16°C Overcast with brighter spells, F4 SE wind 03/07/14 18 - 21°C Partly sunny, dry, F3-4 SW wind 16/07/14 18 - 21°C Sunny, dry, F3 SW wind 13/08/14 13 - 15°C Partly sunny, dry, F2 SW wind 21/08/14 18°C Partly sunny, dry, F2 SW wind

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TABLE 4 CATEGORISATION OF TREES FOR POTENTIAL USE BY BATS BASED ON VISUAL ASSESSMENT FROM THE GROUND (categorised according to criteria adapted from BCT

Guidelines, 2012).

Category Description Determinants

1 Confirmed bat roost. The presence of bats has been confirmed.

2a

A tree with a high potential

to support roosting bats.

The presence of bats has not been confirmed, but an

experienced bat ecologist would not be surprised to find

significant use by bats, e.g. a maternity roost, or use by low

numbers of scarcer species, e.g. Barbastelle.

2b

A tree with a moderate

potential to support roosting

bats.

Significant bat use would not be expected but an

experienced bat ecologist would not be surprised to find

low levels of use, perhaps by individuals or <5 bats of the

common species.

3 No/negligible potential to

support roosting bats

An experienced bat ecologist would not expect to find any

use by bats.

NOTES:

• Not all features assessed from the ground as having bat roost potential will be suitable.

• Features suitable for use by bats may not be visible from the ground.

• Trees are dynamic habitats and roost opportunities can be created and lost very quickly.

TABLE 5 DATES, TIMES AND WEATHER CONDITIONS DURING BAT SURVEYS

Date Times Weather Conditions

10/06/2014

21:00 – 00:30 Dusk emergence

survey and transect

Dry, cloud 2/8, 15°C, light breeze, recent heavy rain. (Sunset 21:33 Hrs)

15/07/2014

21:00 – 23:30 Dusk emergence

survey and transect

Fine, warm, cloud 1/8, 18°C, no wind. (Sunset 21:27 Hrs)

12/08/2014

21:00 – 23:30 Dusk emergence

survey and transect

Dry but becoming overcast, cloud 3/8, 18°C, moderate breeze. (Sunset 20:40 Hrs)

13/08/2014 04:00 – 05.53 Dawn re-entry

survey

Dry, cloud 4/8, 15ºC, moderate breeze. (Sunrise 05:39 Hrs)

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TABLE 6 TREES WITH POTENTIAL FOR USE BY ROOSTING BATS

Tree #

Grid Reference Species Cat Comments

T1 SK 68390 98747 Ash 2a Mature tree with woodpecker holes on western leader on

north side at 6 & 7m.

T2 SK 68433 98807 Ash 2a Mature tree with rot holes in north-eastern bough at 4 & 5m.

2x woodpecker holes in eastern trunk at 3m.

T6 SK 68557 98481

Pedunculate Oak 2b/3 Semi-mature tree with minor lifted bark on rotten limbs &

minor cavity in western limb.

T16 SK 69792 98514 Willow 2b

Mature tree. Limbs previously recorded with woodpecker holes have collapsed. Partially snapped bough with splintered break creating possible linear cavities on central bough with 2x semi-occluded inkwell holes on same bough.

T17 SK 69310 98982 Ash 2a Mature tree with woodpecker holes.

T18 SK 69595 99027

Pedunculate Oak 2b Mature tree with holes & major ivy-cladding potentially

obscuring further features.

T19 SK 69061 98844 Ash N/A Trunk snapped at base-poss storm damage. (Medium-sized

tree with woodpecker hole & crack)

T20 SK 68797 98640 Ash 2a Medium-sized tree with semi-occluded rot holes on main trunk

at 5m and 7m.

T21 SK 68531 98465 Ash 2a

Large tree with holes. Semi-occluded rot holes on western leader at 5m and 7m. Small inkwell rot holes developing on western side.

T22 SK 68287 98443 Ash N/A Poss storm damage. (Large tree with holes & some ivy,

second lower branch fallen).

T23 SK 68271 98449 Ash 2a

Mature tree with crack & dense ivy. Semi-occluded rot hole on northern bough. Woodpecker hole previously recorded on north east limb at 9m now possibly concealed by dense ivy.

T24 SK 68264 98560 White willow 2a

Mature tree with cavity & cracks. Woodpecker hole at 4m on southern side trunk within damaged area. Lifted bark & lateral fissures.

T25 SK 67983 98098 Alder 2b Mature tree with dense ivy-cladding.

T26 SK 67983 98098 Alder 2b Mature tree with dense ivy-cladding.

T27 SK 69359 99060 Ash 2a

Mature tree with multiple woodpecker holes on rotten bough on southern trunk at 6m & further woodpecker holes on north-west trunk and north-west bough.

T28 SK 69349 99041 Ash 2a Mature tree with rot holes & cavities & ivy-cladding.

T30 SK 69319 98994 Ash 2a Mature ash with woodpecker hole.

T31 SK 67991 98095 Sycamore 2b Dense ivy clad, on central leader.

T32 SK 69509 99118 Ash 2b Large rot holes in main trunk at 2m + 4m, rotten bough part

decayed, lifted bark and lateral fissures.

T33 SK 69523 99117 Ash 2b Semi-occluded rot hole at 2.5m possibly opening into hollow

trunk, another rot hole at 6m SE trunk.

T34 SK 69540 99131 Ash 2a Woodpecker hole on E trunk at 3m.

T35 SK 69553 99139 Ash 2a Woodpecker holes S trunk, large rotten bough E trunk plus

cavities and splits. Semi-occluded rot hole W trunk at 6m.

T36 SK 69822 98755 Willow 2a Mature tree with extensive rot in trunk from base to 5m. Semi-

occlude rot hole in southern leader at 6.5m.

T39 SK 68120 98176 Oak 2b Fissures and cavity in snapped southern limb at 3m. Eastern

and western trunk and limbs contain lateral fissures in

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Tree #

Grid Reference Species Cat Comments

snapped branches.

T40 SK 68598 98501 Oak 2b Lifted bark with large cavities beneath, minor fissures in rotten

limbs.

T41 SK 68855 98666 Ash 2b Semi-occluded rot hole in south eastern bough at 2.5m. Exit

of rot hole surrounded by scrub.

T42 SK 69846 98419

Veteran Willow 2a 2xwoodpecker holes on north side of SW leader at 8m. Tree

partially collapsed and multiple features on trunk.

T44 SK 68160 98203 Ash 2b

Mature tree with rot hole in southern leader at 8m-currently a small hole however with evidence of rot damage to trunk it could lead to possible cavity.

Note: Trees numbers not shown are either within adjacent areas, have fallen naturally or been removed in earlier years.

TABLE 7 SUMMARY OF RESULTS FOR EVENING BAT TRANSECT SURVEYS

Species No of Passes Time of First Pass Time after Sunset

10.06.2014 TRANSECT 1 Sunset: 21.33hrs

Common pipistrelle 14 22.48 75 min

Soprano pipistrelle 2 22:55 82 min

Myotid sp 1 23.04 91 min Total 17

15.07.2014 TRANSECT 2 Sunset: 21.27hrs

Common pipistrelle 6 22:29 62 min

noctule 1 22:52 85 min

Myotid sp 1 23:17 110 min

Total 8

12.08.2014 TRANSECT 3 Sunset: 20.40 hrs

Common pipistrelle 21 21.18 38 min

Myotid sp 2 22.00 80 min

Total 23

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TABLE 8 DATES, TIMES AND WEATHER CONDITIONS OF BREEDING BIRD SURVEYS

Visit Date Times Weather Conditions

1 10.04.14 06.15-10.35 Mainly overcast, dry, 9-13°C, light SW wind.

2 29.04.14 05.50-09.55 Misty to start then hazy sunshine, dry, 10-12°C, light SE wind.

3 14.05.14 06.45-10.15 Sunny and dry, 13-15°C, light SW wind.

4 29.05.14 05.45-09.05 Overcast with occasional light rain, 11-12°C, light SW wind.

5 16.06.14 05.55-09.20 Mainly overcast, dry, 12-14°C, light S wind.

6 03.07.14 05.50-09.55 Partly sunny, dry, 17-19°C, light to moderate SW wind.

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TABLE 9 TOTAL COUNTS FOR PHASES 25-31 DURING EACH BREEDING BIRD SURVEY VISIT

SPECIES

10 April 2014

29 April

2014

14 May

2014

29 May

2014

16 June

2014

3 July 2014

Likely Status Notes

Canada goose

0

2

0

0

0

0 F

Breeds on ponds nearby

gadwall 0

2

0

0

0

0 B?, F 1 pair in

ditches

mallard 14

27

7

2

6

3 B, F 2-3 pairs in

ditches red-legged partridge

7

7

1

1

4

1 B, F 2-3 pairs

grey partridge 4 1 1 0 0 0 B, F 1-2 pairs pheasant 4 5 0 1 0 4 B, F 2-3 pairs grey heron 0 0 0 0 0 1 F sparrowhawk 0 0 1 0 0 0 F

buzzard 3 1 3 2 1

1 B, F 1-2 pairs in

large hedges

kestrel 1 1 1 0 1

4 B?, F 1 pair in

large hedges

moorhen

4

0

0

0

0

1 B?, F 1-2 pairs in

ditches

lapwing 5

5

6

8

4

0 B, F 2-3 pairs

GREEN SANDPIPER

1

0

0

0

0

0 P

stock dove 7 2 0 0 0 4 B, F 1-2 pairs

woodpigeon 51 38 42 40 20 28 B, F 10-15 pairs collared dove 0 0 0 0 0 2 F turtle dove 0 0 0 0 0 1 B?, F 1 pair cuckoo 0 0 0 1 0 0 B?, F 1 pair

tawny owl 1

1

1

1

0

0 B, F 1 pair in

large hedges swift 0 0 0 0 1 5 F, P green woodpecker

0

0

0

0

0

1 B?, F 1 pair in

large hedges great spotted woodpecker

1

0

1

0

1

0 B?, F 1 pair in

large hedges skylark 5 4 3 5 4 4 B, F 3-4 pairs

sand martin 6

16

0

30

0

32 F, P Colony

nearby swallow 1 2 1 12 5 2 F, P meadow pipit 9 0 0 0 0 0 P yellow wagtail 0 3 3 2 1 4 B, F, P 2 pairs pied wagtail 1 2 0 1 1 0 B?, F 1 pair wren 9 9 4 3 2 9 B, F 5-7 pairs dunnock 6 2 3 3 0 3 B, F 3-5 pairs robin 12 7 12 7 1 5 B, F 5-7 pairs wheatear 3 0 1 0 0 0 P blackbird 9 7 7 7 4 4 B, F 4-5 pairs song thrush 0 1 0 1 2 1 B, F 1-2 pairs blackcap 4 7 9 2 2 2 B, F, P 4-5 pairs whitethroat 0 14 25 9 4 11 B, F, P 7-9 pairs chiffchaff 2 2 0 3 3 2 B, F, P 2-3 pairs willow warbler 2 1 5 0 0 0 B?,F, P 1-2 pairs long-tailed tit 0 5 0 0 0 2 B?, F 1 family

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TABLE 9 TOTAL COUNTS FOR PHASES 25-31 DURING BREEDING BIRD SURVEY VISITS Continued

Key to Status Codes: B = Confirmed/Probably breeding on site; B? = Possibly breeding on site F = Feeding on site, probably breeding nearby; P = Using the site on passage. S41 Principal Species are shown in red and bold. Schedule 1 species are in red and CAPITALS.

SPECIES

10 April 2014

29 April

2014

14 May

2014

29 May

2014

16 June

2014

3 July 2014

Likely Status Notes

great tit 2 6 4 3 1 5 B, F 3-4 pairs blue tit 7 2 1 1 1 2 B, F 2-3 pairs nuthatch 0 0 0 1 0 0 F treecreeper 0 1 0 0 1 2 B, F 1 pair magpie 5 5 2 1 4 7 B, F 1-2 families jackdaw 0 2 0 0 0 0 F

rook 0

20

0

0

0

0

F

Rookery nearby

carrion crow 4 9 3 2 2 5 B, F 2-3 pairs tree sparrow 2 1 0 0 0 1 B, F 1-2 pairs chaffinch 11 13 18 10 17 15 B, F 10-12 pairs greenfinch 0 0 0 0 0 2 B?, F 1 pair goldfinch 2 2 3 4 5 3 B, F 2-3 pairs linnet 14 3 0 0 4 3 B, F 2-3 families bullfinch 0 0 0 0 0 1 B?, F 1 pair yellowhammer 9 7 6 2 8 5 B, F 6-7 pairs reed bunting 5 1 2 1 5 2 B, F 2-3 pairs corn bunting 1 0 0 0 1 0 B, F 1 pair

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APPENDIX 1

Species Recorded at Finningley Quarry Proposed Phases 25-31, April to August 2014

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SPECIES RECORDED AT FINNINGLEY QUARRY PROPOSED PHASES 25 – 31 APRIL – AUGUST 2014

ENGLISH NAME SCIENTIFIC NAME PHASES

25-31 ADJACENT

LAND BIRDS mute swan Cygnus olor P greylag goose Anser anser P Canada goose Branta canadensis P P shelduck Tadorna tadorna P gadwall Anas strepera P P mallard Anas platyrhynchos P P tufted duck Aythya fuligula P red-legged partridge Alectoris rufa P P grey partridge Perdix perdix P P pheasant Phasianus colchicus P P little egret Egretta garzetta P grey heron Ardea cinerea P P sparrowhawk Accipiter nisus P P buzzard Buteo buteo P P kestrel Falco tinnunculus P P hobby Falco subbuteo P P moorhen Gallinula chloropus P P coot Fulica atra P oystercatcher Haematopus ostralegus P avocet Recurvirostra avosetta P little ringed plover Charadrius dubius P ringed plover Charadrius hiaticula P lapwing Vanellus vanellus P P snipe Gallinago gallinago P whimbrel Numenius phaeopus P curlew Numenius arquata P redshank Tringa totanus P green sandpiper Tringa ochropus P P black-headed gull Larus ridibundus P lesser black-backed gull Larus fuscus P common tern Sterna hirundo P stock dove Columba oenas P P woodpigeon Columba palumbus P P collared dove Streptopelia decaocto P P turtle dove Streptopelia turtur P P cuckoo Cuculus canorus P barn owl Tyto alba P P tawny owl Strix aluco P P swift Apus apus P P kingfisher Alcedo atthis P green woodpecker Picus viridis P P great spotted woodpecker Dendrocopos major P P skylark Alauda arvensis P P sand martin Riparia riparia P P swallow Hirundo rustica P P meadow pipit Anthus pratensis P yellow wagtail Motacilla flava P P pied wagtail Motacilla alba P P wren Troglodytes troglodytes P P dunnock Prunella modularis P P

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ENGLISH NAME SCIENTIFIC NAME SITE ADJACENT BIRDS robin Erithacus rubecula P P wheatear Oenanthe oenanthe P P blackbird Turdus merula P P song thrush Turdus philomelos P P mistle thrush Turdus viscivorus P grasshopper warbler Locustella naevia P sedge warbler Acrocephalus schoenobaenus P reed warbler Acrocephalus scirpaceus P blackcap Sylvia atricapilla P P lesser whitethroat Sylvia curruca P P whitethroat Sylvia communis P P chiffchaff Phylloscopus collybita P P willow warbler Phylloscopus trochilus P P goldcrest Regulus regulus P long-tailed tit Aegithalos caudatus P P blue tit Cyanistes caeruleus P P great tit Parus major P P nuthatch Sitta europaea P P treecreeper Certhia familiaris P P magpie Pica pica P P jackdaw Corvus monedula P P rook Corvus frugilegus P P carrion crow Corvus corone P P starling Sturnus vulgaris P house sparrow Passer domesticus P tree sparrow Passer montanus P P chaffinch Fringilla coelebs P P greenfinch Carduelis chloris P P goldfinch Carduelis carduelis P P linnet Carduelis cannabina P P bullfinch Pyrrhula pyrrhula P P yellowhammer Emberiza citrinella P P reed bunting Emberiza schoeniclus P P corn bunting Emberiza calandra P P AMPHIBIANS AND REPTILES smooth newt Lissotriton vulgaris P common toad Bufo bufo P P common frog Rana temporaria P P common lizard Zootoca vivipara P P grass snake Natrix natrix P

MAMMALS hedgehog Erinaceus europaeus P mole Talpa europaea P P common shrew Sorex araneu P Daubenton's bat Myotis daubentoni P noctule Nyctalus noctula P common pipistrelle Pipistrellus pipistrellus P P soprano pipistrelle Pipistrellus pygmaeus P rabbit Oryctolagus cuniculus P P brown hare Lepus europaeus P P grey squirrel Sciurus carolinensis P P

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ENGLISH NAME SCIENTIFIC NAME SITE ADJACENT MAMMALS cont… field vole Microtus agrestis P wood mouse Apodemus sylvaticus P P fox Vulpes vulpes P P weasel Mustela nivalis P P badger Meles meles P P roe deer Capreolus capreolus P

BUTTERFLIES Essex skipper Thymelicus lineola P small skipper Thymelicus sylvestris P P large skipper Ochlodes venata P P brimstone Gonepteryx rhamni P large white Pieris brassicae P P small white Pieris rapae P green-veined white Pieris napi P P orange tip Anthocharis cardamines P brown argus Aricia agestis P small tortoiseshell Aglais urticae P P red admiral Vanessa atalanta P P peacock Inachis io P P comma Polygonia c-album P P speckled wood Pararge aegeria P wall brown Lasiommata megera P gatekeeper Pyronia tithonus P P meadow brown Maniola jurtina P P ringlet Aphantopus hyperantus P P MOTHS treble-bar Aplocera plagiata P P silver y Autographa gamma P a micro moth Udea lutealis P mother of pearl Pleuroptya ruralis P cinnabar Tyria jacobaeae P P straw dot Rivula sericealis P P shaded broad-bar Scotopteryx chenopodiata P yellow shell Camptogramma bilineata P P a micro moth Crambus perlella P garden veneer Chrysoteuchia culmella P P

DRAGONFLIES AND DAMSELFLIES common blue damselfly Enallagma cyathigerum P P blue-tailed damselfly Ischnura elegans P P emerald damselfly Lestes sponsa P banded demoiselle Calopteryx splendens P P brown hawker Aeshna grandis P P emperor dragonfly Anax imperator P black-tailed skimmer Orthetrum cancellatum P common darter Sympetrum striolatum P P

MISCELLANEOUS INVERTEBRATES red-tailed bumblebee Bombus lapidarius P glow worm Lampyris noctiluca P great diving beetle Dytiscus marginalis P P

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MISCELLANEOUS INVERTEBRATES cont… SITE ADJACENT ENGLISH NAME SCIENTIFIC NAME water scorpion Nepa cinerea P

Bold text: Bird species on Schedule 1 of the Wildlife & Countryside Act (1981, and as amended) Red text: S41 Species of Principal Importance (previously UK BAP Priority Species)

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APPENDIX 2 Summary of Legal Status for Relevant Species

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SUMMARY OF LEGAL STATUS FOR RELEVANT SPECIES

1 REPTILES

1.1 All four of the more widespread species of native reptiles, that is common lizard, grass snake,

slow worm Anguis fragilis and adder Vipera berus, are given partial protection under the

Wildlife and Countryside Act (1981 and as amended) which prohibits the intentional killing,

injuring or taking of any of these species. There is no provision in the Act for licensing works

which could give rise to an offence, but it does provide a defence where the otherwise

unlawful act can be shown to be the incidental result of a lawful operation and could not

reasonably have been avoided. Permitted development or a development which has received

planning permission is clearly a lawful activity but the law thus requires that a reasonable

effort be made to avoid killing or injuring protected animals in the course of implementing this

permission.

1.2 The habitats of rare reptile species are also protected under this Act, but those of the common

species listed above are not, and these animals are also not protected from disturbance whilst

occupying their habitat.

2 BATS

2.1 In England, Scotland and Wales, all species of bats are fully protected under the Wildlife and

Countryside Act 1981 and as amended, including by the Countryside and Rights of Way

(CRoW) Act 2000. They are also protected under European legislation, being included on

Schedule 2 of The Conservation of Habitats & Species Regulations 2010. Taken together,

this legislation makes it illegal, inter alia to:

• intentionally or recklessly kill, injure or capture a bat

• deliberately disturb a bat when it is occupying a roost

• damage, destroy or obstruct access to a bat roost

2.2 A bat roost is defined as being any structure or place that is used for shelter or protection, and

since it may be in use only occasionally or at specific times of year, a roost retains such

designation whether the bats are present or not.

3 WATER VOLES

3.1 Water voles are protected under the Wildlife and Countryside Act 1981 (and as amended)

which makes it an offence inter alia to:

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• kill, injure or capture a water vole

• damage or destroy habitat which a water vole uses for shelter or protection

• disturb a water vole when it is occupying a place it uses for shelter or protection.

3.2 Under certain conditions Natural England may licence the trapping and translocation of water

voles but there is no provision in the Act for licensing other works which could give rise to an

offence. However, the Act does provide a defence where the otherwise unlawful act can be

shown to be the incidental result of a lawful operation and could not reasonably have been

avoided. Permitted development or a development which has received planning permission is

clearly a lawful activity but best practice requires that the water voles are protected from killing

or injury, that the minimum of habitat be removed, that good habitat is restored following the

necessary works if at all possible, or that equivalent habitat be provided or enhanced

elsewhere in mitigation, with the animals moved to this new habitat before destruction of the

old.

4 BADGERS

4.1 Badgers are fully protected by the Protection of Badgers Act 1992, which subsumed all

previous legislation covering this species. This Act makes it an offence inter alia to:

• wilfully kill, injure or take, or attempt to kill, injure or take, a badger

• interfere with a badger sett by doing any of the following things, intending to do any of

these things or being reckless as to whether one’s actions would have any of these

consequences:

- damaging a badger sett or any part of it;

- destroying a badger sett;

- obstructing access to, or any entrance of, a badger sett;

- disturbing a badger when it is occupying a badger sett.

4.2 A badger sett is defined in the Act as any structure or place which displays ‘recent’ signs

indicating use by a badger. The term recent is now considered to mean about three months.

Although a sett may be empty at a certain time, it may be used as part of a regular cycle

throughout the year, and may therefore become active again at any time. Under certain

conditions, activities which could otherwise give rise to an offence may be licensed by Natural

England.

4.3 If a disturbance-only licence is issued it is now common for the badgers to be left in-situ and

not excluded from the sett (by gating). A sett which can be shown to be disused by an

experienced ecologist would fall outside the Act, and no licence or special precautions are

then required.

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5 BIRDS

5.1 The Wildlife and Countryside Act (1981 and as amended) protects all wild birds and their

nests and eggs. Under this Act it is an offence to:

• kill, injure or take any wild bird

• take, damage or destroy the nest of any wild bird while it is in use or being built

• take or destroy the egg of any wild bird.

5.2 Bird nesting sites are not themselves protected when not in use and the common species are

not protected from disturbance whilst occupying their nest-sites. However, certain rare

breeding birds, listed on Schedule 1 of the Act (e.g. barn owls), are also protected against

disturbance whilst building a nest or on or near a nest containing eggs or young.

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APPENDIX 3 Confidential Section 6 of report relating to Badgers