1.7 - Breeding Bird Protection Plan

26
ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm Planning Condition No. 1.7 Breeding Birds Protection Plan Version 1 26 th June 2015 Page 1 of 9 The Construction and Operation of Ewe Hill 22 Windfarm Method Statement: Breeding Birds Protection Plan Planning Consent Response By ScottishPower Renewables (UK) Limited Condition 1.7 Condition Reference: 1.7 Prior to the commencement of the Development, details of the measures to be taken to protect breeding birds and specifically to discourage birds from breeding on those areas of the Site to be worked on during the breeding season, shall be submitted by the Company to the Scottish Ministers for their approval after consultation with the planning authority, SNH and such other parties as the Scottish Ministers consider appropriate. Thereafter the measures, as approved by the Scottish Ministers, shall be implemented. Reason: To mitigate potential impact on breeding birds.

description

ecological measures

Transcript of 1.7 - Breeding Bird Protection Plan

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 1 of 9

The Construction and Operation of Ewe Hill 22 Windfarm

Method Statement: Breeding Birds Protection Plan

Planning Consent Response

By ScottishPower Renewables (UK) Limited

Condition 1.7

Condition Reference: 1.7

‘Prior to the commencement of the Development, details of the measures to be taken to protect breeding birds and specifically to discourage birds from breeding on those areas of the Site to be worked on during the breeding season, shall be submitted by the Company to the Scottish Ministers for their approval after consultation with the planning authority, SNH and such other parties as the Scottish Ministers consider appropriate. Thereafter the measures, as approved by the Scottish Ministers, shall be implemented. Reason: To mitigate potential impact on breeding birds.’

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 2 of 9

PROJECT: EWE HILL 22 WINDFARM

CONDITION 1.7

DOCUMENT REFERENCE NUMBER: EWE/02/090/S36/1.7

Status: Version 1 – For Review

Original Issue: 26th June 105

This Issue: 26th June 105

Prepared by:

Fraser Anderson – Assistant Project Manager Date:

26/06/2015

Reviewed by:

Steven McLean – Project Manager Date:

26/06/2015

AMENDMENT LIST

Version Number

Date

Brief Description of Change Section/s Involved

Page Numbers

01 26/06/2015 Draft for review All All

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 3 of 9

Document Control and Distribution List This document is subject to periodic review and updating. The document is intended for use by ScottishPower Renewables (UK) Limited and their contractors specifically involved in the construction and operation of the Ewe Hill 22 Windfarm, Dumfries and Galloway. When this document is updated, it will be issued to all personnel named on the distribution list below.

Organisation/Key Contacts Email Telephone Number

ScottishPower Renewables

Steven McLean [email protected] 0141 614 3100

Scottish Government Simon Coote

[email protected]

Scottish Natural Heritage John Gibson

[email protected]

01671 401075

Users of this document should ensure that they have the most up to date version. For further information please contact: ScottishPower Renewables 3rd Floor North Wing Cathcart Business Park Spean Street, Glasgow G44 4BE Tel 0141 614 3100 Fax 0141 568 4499 Email: [email protected]

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 4 of 9

EWE HILL 22 WINDFARM

BREEDING BIRDS PROTECTION PLAN

TABLE OF CONTENTS

1 INTRODUCTION ....................................................................................................... 5

2 BACKGROUND INFORMATION .............................................................................. 5

3 COMPLIANCE WITH THE BREEDING BIRDS PROTECTION PLAN ...................... 5

4 BREEDING BIRDS PROTECTION PLAN ................................................................. 6

APPENDIX 1 – DRAWINGS ............................................................................................ 7

APPENDIX 2 – BREEDING BIRD PROTECTION PLAN (PRODUCED BY ARCUS CONSULTING) ................................................................................................................ 8

APPENDIX 3 – EMAIL CONFIRMATION FROM SNH RE: BBPP ACCEPTANCE (DATED 25TH JUNE 2015) ............................................................................................... 9

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 5 of 9

1 INTRODUCTION

The Breeding Birds Protection Plan (BBPP) has been prepared in accordance with the requirements of Planning Condition 1.7 of the Consent and Deemed Planning Permission for Ewe Hill 22 Windfarm dated 16th May 2014. Planning Condition 1.7 states:

‘Prior to the commencement of the Development, details of the measures to be taken to protect breeding birds and specifically to discourage birds from breeding on those areas of the Site to be worked on during the breeding season, shall be submitted by the Company to the Scottish Ministers for their approval after consultation with the planning authority, SNH and such other parties as the Scottish Ministers consider appropriate. Thereafter the measures, as approved by the Scottish Ministers, shall be implemented. Reason: To mitigate potential impact on breeding birds.’

The BBPP has been prepared with the aim of ensuring that sufficient measures are put in place to both discourage birds from breeding and protect breeding birds from the areas planned for construction works on the Ewe Hill 22 Site during the breeding season. The BBPP has been prepared by ScottishPower Renewables (UK) Limited. Any references to ScottishPower Renewables (UK) Limited shall be considered as a reference to SPR. The existence of this BBPP and compliance with it shall not operate to relieve SPR of any of its obligations under the statutory requirements or legislation applicable to the development. The location of Ewe Hill 22 Windfarm is shown on drawing reference UKCO-DLO-EWE0002 Site Layout Plan (as presented in Appendix 1).

2 BACKGROUND INFORMATION

An assessment on the potential impact on bird species during the construction, operation and decommissioning phases of the windfarm was carried out by RPS as part of the Environmental Impact Assessment process for the windfarm development and are presented in the Environmental Statement1 for the Ewe Hill 6 Windfarm Site. This takes cognizance of the previous ornithological assessments carried out to inform the Environmental Statement drafted for the full Ewe Hill 22 Windfarm, also prepared by RPS, dated April 2004.

3 COMPLIANCE WITH THE BREEDING BIRDS PROTECTION PLAN

SPR will adhere to this BBPP throughout the construction phase of the windfarm in accordance with Planning Condition 1.7. If there is a need for any departure from the BBPP during these works, then SPR will consult with the planning authority in conjunction with Scottish Natural Heritage (SNH) to determine the potential impact on the site. Any alterations to the requirements incorporated into the BBPP will be implemented by SPR following approval from the planning authority in conjunction with SNH.

1 Ewe Hill 6 Windfarm, Environmental Statement, Chapter 7 – Ornithology, prepared by RPS on behalf of ScottishPower

Renewables (UK) Limited, dated October 2009

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 6 of 9

4 BREEDING BIRDS PROTECTION PLAN

SPR have employed ecologists from ARCUS Consulting to produce a specific BBPP for both phases of Ewe Hill Windfarm, which SPR’s appointed Infrastructure Contractor shall adhere to during the construction phase for both Ewe Hill 6 and Ewe Hill 16 Windfarms. This document has been prepared following an extensive review of both the 2004 (Ewe Hill Windfarm) and the 2009 (Ewe Hill 6) environmental statements and following consultation with the local SNH office. The BBPP is included within Appendix 2 of this Planning Condition response. Once this draft was accepted following the necessary internal approvals, ARCUS consulted with SNH directly to confirm its adequacy in the context of the overall Ewe Hill 22 Windfarm. SNH confirmed their acceptance of the BBPP on 25th June 2015, and the relevant confirmation email has been included within Appendix 3 of this Planning Condition response.

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 7 of 9

APPENDIX 1 – DRAWINGS This Appendix contains the following drawings: Drawing No.

Revision Description

UKCO-DLO-EWE0002 Rev 3

Ewe Hill 22 Windfarm Site Layout Plan

N

S

T

M

B

A

F

A3

A2

A1

B5

B6

C7

C8

C9

C10

C11

C13

C12

C14

D15

D16

D17

D18

D19

D20

D21

D22

x

x

B4

MET MAST

BORROW PITS

TEMPORARY CONSTRUCTION COMPOUND

SUBSTATION COMPOUND

TEMPORARY CONSTRUCTION COMPOUND

/ LAYDOWN AREA

ARRAY ACCESS ROAD

TURBINE LOCATIONS

SITE BOUNDARY

BP ACCESS

KEY

APPROXIMATE AREA OF FORESTRY TO BE

CLEAR FELLED

APPROXIMATE AREA OF FORESTRY TO

REMAIN

CCTV LOCATION

x

NGT GAS PIPELINE ROAD CROSSING

GENERAL ACCESS ROAD

SITE LAYOUT PLANSCALE 1:10000

Reference: Enviromental Statement for Ewe Hill

Windfarm undertaken from RPS, 2009

65 7 8 9 10 11 124 13321 14 15 16

65 7 8 9 10 11 124 13321 14 15 16

E

D

F

G

H

J

C

B

A

K

L

M

E

D

F

G

H

J

K

L

M

C

B

A

SPR - OS License No for the OS mapping works:

(© Crown Copyright 2013. All rights reserved.

Ordnance Survey Licence 0100031673.)

NOTES:

1.

2.

Turbine

No

Met Mast

A1

A2

A3

B4

B5

B6

C7

C8

C9

C10

C11

C12

C13

C14

D15

D16

D17

D18

D19

D20

D21

D22

Northing

585503

584988

585340

585652

585315

584795

584655

585159

585538

586007

586489

586530

587270

586959

587400

584862

585197

585520

585926

586349

586791

587207

587537

Easting

326151

326759

326485

326329

327099

327158

327510

327649

327543

327362

327453

327076

327648

327138

327215

327890

328124

327928

327810

327817

327910

328171

328070

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 8 of 9

APPENDIX 2 – BREEDING BIRD PROTECTION PLAN (PRODUCED BY ARCUS CONSULTING)

BREEDING BIRD PROTECTION PLAN

EWE HILL WINDFARM

OCTOBER 2014

Prepared By:

Arcus Consultancy Services

7th Floor 145 St Vincent Street

Glasgow G2 5JF

T +44 (0)1904 715 470 l E [email protected]

w www.arcusconsulting.co.uk

Registered in England & Wales No. 5644976

Breeding Bird Protection Plan Ewe Hill Windfarm

Scottish Power Renewables Arcus Consultancy Services Ltd October 2014 Page i

TABLE OF CONTENTS

1 INTRODUCTION ........................................................................................................ 2

1.1 Background .................................................................................................... 2 1.2 Aims and Objectives ....................................................................................... 2 1.3 Development Proposals .................................................................................. 2

2 RECORDED BIRD ACTIVITY ...................................................................................... 4

2.1 Ewe Hill 6 Windfarm ....................................................................................... 4 2.2 Ewe Hill 16 Windfarm ..................................................................................... 4

3 PROTECTION OF BREEDING BIRDS .......................................................................... 5

3.1 Relevant Legislation ....................................................................................... 5 3.2 Potential effects to Breeding Birds ................................................................ 5 3.3 Aims and Objectives ....................................................................................... 5

APPENDIX A – FIGURES ....................................................................................................... 9

Breeding Bird Protection Plan Ewe Hill Windfarm

Arcus Consultancy Services Ltd ScottishPower Renewables Page 2 October 2014

1 INTRODUCTION

1.1 Background

This Breeding Bird Protection Plan (BBPP) has been produced in support of the Ewe Hill Windfarm (the “Development”). Planning permission for the Development was granted subject to a number of planning conditions, and this BBPP addresses Planning Condition 1.7 which states that:

Prior to the commencement of the Development, details of the measures to be taken to protect breeding birds and specifically to discourage birds from breeding on those areas of the Site to be worked on during the breeding season, shall be submitted by the Company to the Scottish Ministers for their approval after consultation with the planning authority, SNH and such other parties as the Scottish Ministers consider appropriate. Thereafter the measures, as approved by the Scottish Ministers, shall be implemented. Reason: To mitigate potential impact on breeding birds.

1.2 Aims and Objectives

The aim of this Plan is to provide the necessary information pursuant to discharging the above planning condition and thereby safeguarding breeding birds during the construction of the Development.

1.3 Development Proposals

SPR intend to construct and commission this project over two separate, distinct phases consisting of a 6no. WTG project and a 16no. WTG project. For simplicity, these two phases shall be referred to as the ‘Ewe Hill 6’ (first phase) and the ‘Ewe Hill 16’ (second phase) respectively. The site layout (including both phases) is shown in Appendix A. The construction of the Ewe Hill 6 Windfarm will comprise the following construction activities:

• Extraction of aggregates from up to 4no. on-site borrow pits for track, turbine base and crane hardstanding construction

• Construction of approximately 7 km of new access track within the windfarm, including watercourse crossings where required

• Construction of temporary hardstandings and installation of temporary office facilities; • Construction of 6no. turbine foundations and 6no. crane hardstandings • Construction of new on-site sub-station control building • Excavation of trenches and cable laying adjacent to the access tracks • connection of HV, telecommunications and signal cables • Erection, testing and commissioning of 6no. WTG, power performance masts and

1no. meteorological mast • Commissioning of other site electrical equipment • Site restoration works.

It is anticipated that the Ewe Hill 6 construction works shall commence in November 2014, and shall continue for duration of 10 months from the site commencement date. Further details about the Ewe Hill 6 development are provided in Chapter 3: Windfarm Proposal of the Environmental Statement, published October 2009.

The construction of the Ewe Hill 16 Windfarm will comprise the following construction activities:

• Key-holing and subsequent clear felling of approximately 215 ha of commercial forestry, predominantly Sikta spruce crops

Breeding Bird Protection Plan Ewe Hill Windfarm

Scottish Power Renewables Arcus Consultancy Services Ltd October 2014 Page 3

• Extraction of aggregates from up to 4no. on-site borrow pits for track, turbine base and crane hardstanding construction

• Construction of approximately 9 km of new access tracks within the windfarm, including watercourse crossings where required

• Construction of temporary hardstandings and installation of temporary office facilities; • Construction of 16no. turbine foundations and 16no. crane hardstandings • Construction of a new on-site sub-station building by the Transmission System

Operator (TSO) • excavation of trenches and cable laying adjacent to the access tracks • Connection of HV, telecommunications and signal cables • Erection, testing and commissioning of 16no. WTG and power performance masts; • Commissioning of other site electrical equipment • Site restoration works

It is anticipated that the Ewe Hill 16 construction works shall commence in September 2015, and shall continue for duration of 12 months from the site commencement date. Further details about the Ewe Hill 16 site are provided in Chapter 4: Project Description of the Environmental Statement, published April 2004.

It is expected that many of these operations will be carried out concurrently, although predominantly in the order identified. The construction works will be phased so that at different parts of the site, civil engineering work will be continuing whilst turbines are being erected. This approach will minimise the overall length of the construction programme.

Site restoration works will be programmed and carried out to allow regeneration of disturbed areas as early as possible in order to minimise storage of excavated material or vegetation and to facilitate restoration at the earliest opportunity. This approach will allow the restoration to most closely match the original site conditions.

Breeding Bird Protection Plan Ewe Hill Windfarm

Arcus Consultancy Services Ltd ScottishPower Renewables Page 4 October 2014

2 Recorded Bird Activity

2.1 Ewe Hill 6 Windfarm

The area in and around the Development site comprises habitats typical of the farmed landscape in the Southern Uplands: predominantly a mixture of bog, unimproved and semi-improvised acid grassland, marshy grassland, and improved grassland.

Breeding bird surveys were carried out in 2003 (for the original 22no. WTG development) and updated in 2009. The following species of conservation concern were recorded breeding during either survey year: merlin, hen harrier, peregrine falcon, black grouse, short-eared owl, barn owl, golden plover, curlew, snipe, oystercatcher, common sandpiper, skylark, and a range of more common species. Not all of the above species were recorded in each year, with some species recorded breeding in 2003 not recorded at all in 2009 (e.g. short-eared owl, barn owl and black grouse). The species nest in a variety of habitats across the Development site including open grassland, marshy grassland, trees and woodland.

It is considered likely that the occurrence of species such as short-eared owl, barn owl and hen harrier is positively associated with local vole populations such that if the vole populations are high (e.g. a ‘vole year’) there is considered to be a higher potential of the above three species breeding in or near the site in the future.

2.2 Ewe Hill 16 Windfarm

The Development site is dominated by coniferous plantation (predominantly Sitka spruce), with only short sections of new access track and one WTG in open habitats outwith the plantation.

Breeding bird surveys were carried out in 2003 for the original 22no. WTG development. The following species of conservation concern were recorded breeding in forested areas: short-eared owl, barn owl, black grouse, cuckoo, song thrush, grasshopper warbler, lesser redpoll and a range of other common species. Open moorland areas in the vicinity of proposed works supported breeding curlew, skylark, whinchat, reed bunting and other more common species. A range of other species was also recorded throughout the wider non-forested area outwith the Ewe Hill 16 Development site, including the area covered by Ewe Hill 6.

Breeding Bird Protection Plan Ewe Hill Windfarm

Scottish Power Renewables Arcus Consultancy Services Ltd October 2014 Page 5

3 PROTECTION OF BREEDING BIRDS

3.1 Relevant Legislation

The EC Birds Directive (2009/147/EC) aims to deliver protection, management and control of all species of wild birds where they occur naturally. Member States are required to take steps to maintain populations at favourable conservation status. For particular species, a Member State must designate Special Protection Areas (SPAs) of suitable habitat. An Annex 1 species is listed for reasons of danger of extinction, vulnerability to specific habitat changes, rarity either by population size or restricted local distribution, or other specific habitat requirements.

The Wildlife and Countryside Act 1981 (as amended) and the Habitat Regulations transpose the EC Birds Directive into national law. The Habitat Regulations relate to the provision of protected European sites of importance (and the adaptation of planning and other controls in their protection) and the protection of ‘European protected species’, other than birds.

Section 1 of the Wildlife and Countryside Act 1981 (as amended) is of greatest relevance to the Development since it establishes protection for breeding birds. The Act prohibits the intentional or reckless killing, injuring or taking of any wild bird and the taking, damaging or destroying of the nest (whilst being built or in use) or eggs. It prohibits possession of wild birds (dead or alive) or their eggs. Additional penalties apply for offences relating to birds on Schedule 1. It is also an offence to disturb Schedule 1 birds at the nest or the dependent young of Schedule 1 birds.

3.2 Potential effects to Breeding Birds

There are both direct and indirect mechanisms that might affect breeding birds, both of which could constitute legal offences. Direct effects include the physical effects of construction such as soil stripping, removal of vegetation and construction of infrastructure. Indirect effects include disturbance to nesting birds as a result of construction activity and may result in legal offences to some species. The effects include:

• Direct damage to a nest or nest site • Harm to parent birds, their eggs or unfledged young • Damage to critical foraging areas • Prevention of access to nest site or dependant young

Abandonment of a nest site by parent birds at any stage between nest building and fledging.

3.3 Aims and Objectives

The aim is to safeguard nesting birds during the construction of the Development thereby ensuring that construction activities are legally compliant and ecologically sensitive. The BBPP has been developed in accordance with SNH1 and Forestry Commission Scotland (FCS) guidance2 and will address the following objectives:

• Objective 1: Implementation of a monitoring plan to locate breeding birds before and during construction where such construction cannot occur outside of the bird breeding season (March to August inclusive).

• Objective 2: Phasing of the construction works to minimise disturbance of breeding birds.

1 SNH (undated) Available from: http://www.snh.gov.uk/docs/A514967.pdf 2 FCS (2006) Forest operations and birds in Scottish Forests – the law and good practice.

Breeding Bird Protection Plan Ewe Hill Windfarm

Arcus Consultancy Services Ltd ScottishPower Renewables Page 6 October 2014

• Objective 3: Implementation of measures to discourage birds from breeding in areas scheduled for construction.

• Objective 4: Implementation of procedures to be followed if an active bird’s nest is found within or close to areas scheduled for construction.

Detailed prescriptions for each of the above objectives are provided in separate sections, below.

3.3.1 Objective 1: Breeding Bird Monitoring Plan

Where construction occurs during the bird breeding season, defined here as March to August inclusive, the following bird surveys will be undertaken for (i) Annex 1 and Schedule 1 birds and (ii) all other wild birds. Bird surveys will be undertaken by the Ecological Clerk of Works (ECoW).

3.3.1.1 Annex 1 and Schedule 1 Birds

Annex 1/Schedule 1 birds confirmed breeding at the Development during baseline surveys includes hen harrier, short-eared owl, black grouse and barn owl. In the unlikely event that any other bird species listed on Annex 1/Schedule 1 displays evidence of breeding at the site, it will be the responsibility of the ECoW to implement appropriate monitoring in order to locate and protect the birds from disturbance.

Areas in which works are programmed between March and August will be surveyed once every two weeks from 1st March (to check for early breeding behaviour such as displaying) until 31st August to identify the locations of species displaying evidence of breeding activity. Surveys will cover all areas of suitable nesting habitat within 750 m of construction activities. If a Schedule 1/Annex 1 bird is observed, more intensive survey of the specific area will be undertaken (under Schedule 1 licence, if necessary) in order to locate the possible nest site and search for signs of occupancy.

The following criteria should be used to determine whether or not breeding is likely in an area.

• An adult is seen carrying food for the young • A pair of adults is seen together in suitable nesting habitat • Registration of territorial behaviour, such as mobbing and alarm behaviour • Courtship and display behaviour is seen e.g. food pass between adult hen harriers,

sky dance of the male hen harrier, call notes or wing-clapping of short-eared owls • Adults are seen visiting a probable nest site

Once a nest site has been identified, a licenced surveyor will visit the territory to monitor the progress of the nest whilst causing minimal disturbance. Monitoring of the nest should continue through to fledging to determine the number of young that fledge from the nest.

If a nest is believed to have failed, it should be visited to try to determine the cause of the failure.

In all cases, extreme care will be taken to avoid unnecessary disturbance to breeding birds, especially during the early stages of incubation and the time between hatching and fledging.

Breeding Bird Protection Plan Ewe Hill Windfarm

Scottish Power Renewables Arcus Consultancy Services Ltd October 2014 Page 7

3.3.1.2 All wild birds

The ECoW will be made aware of the anticipated construction programme at least two weeks before of commencement. Spot-check surveys will be undertaken by the ECoW throughout the construction period to check for nest sites of all bird species. These surveys will be conducted in all areas which may be potentially affected by construction and which may support any wild breeding bird. The timing and identification of areas to be surveyed would be determined by the ECoW and would be conducted between one and two weeks ahead of construction in those areas.

3.3.2 Objective 2: Phasing of the construction works to minimise disturbance of breeding birds.

Where possible, heavy construction activities shall be timed to commence outside the bird breeding season in order to allow returning breeding birds, including waders known to breed locally (e.g. curlew and snipe), to commence breeding away from ongoing construction/decommissioning activities. However, if this is not possible, heavy construction activities will be timed to occur outside the dawn and dusk periods in order to reduce potential disturbance when breeding birds are most likely to be singing/displaying. Therefore, during the breeding season, heavy construction work will be restricted in defined areas to avoid the dawn and dusk periods, or as specified by the ECoW.

3.3.3 Objective 3: Measures to discourage birds from breeding in areas scheduled for construction

Measures are proposed to discourage breeding attempts by birds in decommissioning/construction areas:

• Prior to the commencement of the breeding season the maximum extent of ground works will be marked out with bamboo canes or similar at 25 m (maximum) spacing. These canes will have at least 50 cm of bright tape attached to allow movement of the tape in the wind.

• Prior to the commencement of the breeding seasons, agricultural bird scarers (e.g. Hawk Kite or similar) will be installed.

• The maximum extent of ground works will be walked regularly to discourage birds from nesting in those areas. If nesting birds are encountered, works will follow Objective 4 (Procedures to be followed if an active bird’s nest is found within or close to areas scheduled for construction), below.

The ECoW may suggest other measures, as appropriate.

3.3.4 Objective 4: Procedures to be followed if an active bird’s nest is found w ithin or close to areas scheduled for construction

3.3.4.1 Annex 1 and Schedule 1 Birds

In the event that a nest site of a Schedule 1 or Annex 1 species is recorded, a 750 m buffer zone will be immediately established around the nest in which no works may take place. The area will be clearly communicated to the workforce and, if possible, demarcated. A disturbance risk assessment will be completed by the ECoW in order to assess site-specific factors that may either increase or reduce the risk of disturbance (e.g. species, topography, land cover etc.). This may result in an increase or decrease in the size of the buffer zone and the modification of working practices. SNH may be consulted on the disturbance risk assessment before buffer zones are reduced or if essential work in them is required.

Breeding Bird Protection Plan Ewe Hill Windfarm

Arcus Consultancy Services Ltd ScottishPower Renewables Page 8 October 2014

No construction activity that may have a disturbing or damaging impact on Schedule 1/Annex 1 breeding birds will be permitted until the ECoW confirms that the nest is no longer in use by breeding birds.

If birds begin nesting near to ongoing construction activities or access roads subject to frequent vehicle movements, then the ECoW will advise accordingly. It is reasonable to assume that birds which have selected nest sites near to construction will be reasonably tolerant of ongoing activities and that such activities can progress without disturbing the birds, subject to minor operational mitigation such as road traffic management or limiting highly disturbing activities such as piling.

3.3.4.2 All wild birds

If a nest of a wild bird (other than Schedule 1 or Annex 1 species) is recorded, a 50 m buffer zone will be immediately established around the nest in which no works may take place. If discovered by construction personnel, the ECoW should be informed as soon as possible, who will confirm the status of the nest site or breeding attempt. The area will be clearly demarcated and appropriate site personnel will be informed. As soon as possible following the detection of a nest site, a disturbance risk assessment will be carried out by the ECoW and both the buffer zone and working practices altered accordingly.

No construction activity that may have any damaging effects will be permitted until the ECoW confirms that the nest is no longer in use by breeding birds.

Breeding Bird Protection Plan Ewe Hill Windfarm

Scottish Power Renewables Arcus Consultancy Services Ltd October 2014 Page 9

APPENDIX A – FIGURES

N

S

T

M

B

A

F

A3

A2

A1

B5

B6

C7

C8

C9

C10

C11

C13

C12

C14

D15

D16

D17

D18

D19

D20

D21

D22

x

x

B4

MET MAST

BORROW PITS

TEMPORARY CONSTRUCTION COMPOUND

SUBSTATION COMPOUND

TEMPORARY CONSTRUCTION COMPOUND

/ LAYDOWN AREA

ARRAY ACCESS ROAD

TURBINE LOCATIONS

SITE BOUNDARY

BP ACCESS

KEY

APPROXIMATE AREA OF FORESTRY TO BE

CLEAR FELLED

APPROXIMATE AREA OF FORESTRY TO

REMAIN

CCTV LOCATION

x

NGT GAS PIPELINE ROAD CROSSING

GENERAL ACCESS ROAD

SITE LAYOUT PLANSCALE 1:10000

Reference: Enviromental Statement for Ewe Hill

Windfarm undertaken from RPS, 2009

65 7 8 9 10 11 124 13321 14 15 16

65 7 8 9 10 11 124 13321 14 15 16

E

D

F

G

H

J

C

B

A

K

L

M

E

D

F

G

H

J

K

L

M

C

B

A

SPR - OS License No for the OS mapping works:

(© Crown Copyright 2013. All rights reserved.

Ordnance Survey Licence 0100031673.)

NOTES:

1.

2.

Turbine

No

Met Mast

A1

A2

A3

B4

B5

B6

C7

C8

C9

C10

C11

C12

C13

C14

D15

D16

D17

D18

D19

D20

D21

D22

Northing

585503

584988

585340

585652

585315

584795

584655

585159

585538

586007

586489

586530

587270

586959

587400

584862

585197

585520

585926

586349

586791

587207

587537

Easting

326151

326759

326485

326329

327099

327158

327510

327649

327543

327362

327453

327076

327648

327138

327215

327890

328124

327928

327810

327817

327910

328171

328070

ScottishPower Renewables (UK) Limited Ewe Hill 22 Windfarm

Planning Condition No. 1.7 Breeding Birds Protection Plan

Version 1 26th

June 2015 Page 9 of 9

APPENDIX 3 – EMAIL CONFIRMATION FROM SNH RE: BBPP ACCEPTANCE (DATED 25TH JUNE 2015)