Ibstock Bricks 1996 Ltd Knutton Quarry - Method Statement

Ibstock Bricks 1996 Ltd Knutton Quarry - Method Statement

NL06919/Method Statement 2 June 2009

Method Statement for Avoidance of Harm

Knutton quarry May 2009

This method statement sets out a defined means of continued working at Knutton

quarry. The statement is intended to ensure that individual great crested newts

(GCN) and their habitats are not harmed in the course of current operations under

the EC ‘Habitats and Species Directive’ implemented by the Wildlife and Countryside

Act 1981 (as amended). Avoidance of harm is achieved by setting a pragmatic list of

undertakings which constitute reasonable avoidance measures. These measures

identify the exact type, scope and timing of work, clearly define the working areas

and show commitment to avoidance of harm through awareness and training of staff

engaged in the operations.

Preliminary survey information

Homogenised artificial refugia have been set out since March 2009 and checked on a

weekly basis along the tiled path to be removed (Target Note 1), as well as natural

refugia within the site boundary. Four night time searches of the site were also

undertaken between April and May. Six GCN surveys of the waterbodies were also

carried out. The accompanying plan NL06919/14 identifies the potential area of high

risk of committing an offence with respect to great crested newts in relation to

waterbody 1 (Appendix 2). A habitat suitability assessment was also carried out

(Appendix 2). Appendix 4 details the Natural England rapid risk assessment to

determine the likelihood of an offence being committed. This system works by

assessing the suitable habitat types, measuring the areas, and considers the

distance from known breeding ponds. The calculations for these were done through

autocad software and were calculated with the assumption that waterbody 1 is a

breeding pond, although in reality, it is not considered to be one as discussed below.

The results confirm that even when considering waterbody 1 to be a breeding pond, it

is unlikely for an offence to be committed.

GCN Population Assessment

A small population size was determined within the site confined to waterbody 1. The

Habitat Suitability Index (HSI) score classed this waterbody with average suitability

for GCNs. It is considered that the water body is not used for breeding, and is instead

a transitional migration pond, whereby newts move from a breeding pond into other

ponds repeatedly over the spring and summer. (Langton et al, 2001). Reasons for

this pond not being used for breeding include the following;



• Five GCNs only were only found on one occasion out of six surveys, and

were not found in 3 previous years surveying in the well-established pond.

This was also based on a higher than recommended trapping effort in

accordance to Natural Englands GCN mitigation guidelines.

• No eggs were observed during the surveys.

• The waterbody is a late-succession pond dominated by greater reedmace

(Typha latifolia) with little or no open areas for male courtship display. This

thick vegetation also shades the pond significantly.

Monitoring for juvenile and larvae will be undertaken in June-July to confirm the

assumption that Waterbody 1 is a non breeding pond.

Site make-up

• Quarry area- Very low risk.

The quarry area is considered to be a significant barrier to GCN dispersal and low

risk of committing an offence. The area is heavily worked and has little foraging and

refuge potential.

• Area stripped of grassland to be quarried- Low risk.

This area is considered low risk again due to being heavily worked with a lack of

foraging and refuge provision.

• Grassland to be stripped and quarried- Low risk.

This area is considered low risk based on the distance between it, and waterbody 1,

and the lack of suitable foraging habitat in between.

• Tiled path to be removed-Low risk.

This area is considered low risk due to no foraging habitat available in this area. The

path was considered to provide refuge potential, and was therefore subject to hand

searches and homogenous artificial refugia checks since March 2009. However, no

evidence of GCNs were found during the thorough weekly checks.

• Woodland -High risk.



This area is considered high risk due to the proximity to waterbody 1. Langton et al,

(2001) state that woodland habitats are particularly valuable due to providing an

abundance of invertebrate prey. It is likely that the adjacent woodland provides the

most important foraging habitat the GCNs from waterbody 1 rely on. This woodland

will not be affected by the workings

Avoidance measures

• The position of the current quarry workings and access has been shown on

the accompanying plan NL06919/14 with accompanying target notes in

Appendix 1. The access route onto the working areas transects the least

sensitive habitat. A further access route/gravel path will be created in the

western area of the site (Target Note 2). This plan will be used to confirm the

current operational area, and to define the high risk area with regards

harming GCNs. An ecological clerk of works will be required everyday during

the course of the operations.

Phase 1

Timing

June

Duration of works

1 week

The first phase will be worked in the area shown in drawing NL06919/14. This

will involve the creation of a crushed brick path and fence (Target Note 2).

An ecological clerk is required each day to check the new path route area

prior to creation and will then be declared clear. This area will then be worked

to eliminate the chance of GCN foraging and refuge in these areas.

The plant and equipment involved in carrying out this work will include 1x 40

tonne tracked excavators, 1x compacter, and post pushers.

Phase 2

Timing

July

Duration of works



1 week

The second phase involves the removal of the current tiled footpath (Target

Note 1). Please note that the areas to the east and west of the tiled path have

already been worked and do not provide foraging potential for GCNs. The

area between the new path (from phase 1) and the existing worked quarry

area will then be stripped of grassland prior to starting the quarry workings in

the western area of the site (Target Note 3). The grassland will be stripped to

approximately 10-15cm in length and left for 24 hours so that potential GCNs

disperse. The area will then be worked to eliminate foraging potential.

An ecological clerk is required each day to check the area during the removal

of the tiled footpath. A series of hibernacula will be created (overseen by an

ecologist) as shown in drawing NL06919/14 to mitigate any potential loss of

refugia that the tiled path provided. See Appendix 3 for hibernaculum design.

This phase will require 1x 40 tonne tracked excavator, 2x dumper trucks, a

dozer, tractor and grass cutter.

Phase 3

Timing

July/August

Duration of works

2 days

The third phase involves drainage of water bodies 2, 3, 4 and 5. Water will be

taken down over a period of time to allow amphibians safe exit. Vegetation

will also be searched. If GCNs are found, the operation will be stopped and

appropriate action taken in agreement with Natural England. It is proposed

that these ponds be drained over a period of 2 days with a pump and

mechanical filter with an appropriate mesh size that will avoid harm to all

amphibians. Following this operation these areas will be infilled and levelled

to avoid accumulating any further water.

This phase will require a digger and water pump with mechanical filter.

• On site staff will likely include a 4 man operating team for the duration of the

works including the Quarry Manager and Assistant Quarry Manager.



• The daily timing of the works will be between 07:30 and 16:30.

• No workings will be undertaken during the night. Newt migration is known to

take place at night. Presently using Natural England guidance it is known that

newts will not migrate in temperatures below 5oc. Because of the lack of

natural refugia on the existing working areas, even when the temperatures

rise consistently above 5oc any migration is likely to occur from one vegetated

area to either a waterbody or to another vegetated area. Once an area is

checked and worked, it will be declared clear as detailed in the 3 phases

above. Any newts found as a result of these hand searches will be reported to

the Quarry manager, recorded and works will not proceed until consultation

and agreement has been made with Natural England.

• All the works will be undertaken in accordance with these written instructions.

The whole works within the mapped disturbed area will not go beyond six

months of this date, and the next phase of workings will not commence

without a new method statement being produced and agreed with Natural

England.

• Wardell Armstrong will undertake a “tool box” talk for the works team

regarding newts at the start of the works. This will involve GCN identification

sheets and a briefing on wildlife legislation and practical mitigation issues.

A summary of potential risks and mitigation measure is summarised in the table

below.

Risk Mitigation

Disturbance/destruction of habitat by site

access

Access transects least sensitive habitat

area

Disturbance/destruction of habitat in

working area

Working confined to sub-optimal habitat

area, daily visual inspection

Encroachment of workings into suitable

habitat/refugia

Works as per defined area, movement

into suitable areas only in agreement

with Natural England

Disruption of nocturnal newt migration on

site

No night working

Disturbance/destruction of habitat by site

development, new working areas.

Habitat surveys and consultation with

Natural England as required

Lack of awareness of wildlife legislation

and site mitigation issues

Toolbox talks for operators



This method statement for the avoidance of harm is deemed appropriate protection

for the population around the site. Under these measures the nature conservation

status of any population within the area is not compromised and no offence is being

committed. Under regulation 44 of the Conservation (Natural Habitats&c.)

Regulations 1994 (as amended), a license is required to damage or destroy a

breeding site or resting place or deliberately disturb and affect an animal in such a

way as to affect its ability to survive, breed or reproduce, rear its young and affect its

local distribution. This method of working ensures that no breeding site or resting

place is destroyed and the operation will not affect the ability of a population around

the site to maintain its viability.

References

Langton, T.E.S, Beckett, C.L, Foster, J.P. (2001), Great Crested Newt Conservation

Handbook, Froglife, Halesworth

APPENDIX 1

TARGET NOTES

APPENDIX 1 – TARGET NOTES

TARGET

NOTE

(TN)

FEATURE PHOTOGRAPH OF FEATURE

1

Tiled pathway to be removed

2 Proposed access route and fence

area

3 Proposed grassland area to be

stripped and quarried

APPENDIX 2

WATERBODIES

APPENDIX 2 – WATERBODIES AND HABITAT SUITABILITY AS SESSMENT

Waterbody FEATURE PHOTOGRAPH OF FEATURE

1

A well vegetated reeded pond.

HSI score = 0.65 categorised as

average

2 A shallow pond with suitable

aquatic and emergent

vegetation.


average

3 A shallow pond with suitable

aquatic and emergent

vegetation.


average

4 Shallow recently established

pond.


below average

5 Shallow recently established

pond.


below average

6 Shallow waterbody.


below average

APPENDIX 3

HIBERNACULUM DESIGN

APPENDIX 3- HIBERNACULUM DESIGN

Basic hibernaculum design courtesy of the Great Crested Newt Mitigation Guidelines (2001)

APPENDIX 4

RAPID RISK ASSESSMENT

APPENDIX 4-RAPID RISK ASSESSMENT Instructions for completion of Method Statement template Application tools: (1) "Do I need a licence?" - rapid risk assessment Caveats and limitations This risk assessment tool has been developed as a general guide only, and it is inevitably rather simplistic. It has been generated by examining where impacts occurred in past mitigation projects, alongside recent research on newt ecology. It is not a substitute for a site-specific risk assessment informed by survey. In particular, the following factors are not included for sake of simplicity, though they will often have an important role in determining whether an offence would occur: population size, terrestrial habitat quality, presence of dispersal barriers, timing and duration of works, detailed layout of development in relation to newt resting and dispersal. The following factors could increase the risk of committing an offence: large population size, high pond density, good terrestrial habitat, low pre-existing habitat fragmentation, large development footprint, long construction period. The following factors could decrease the risk: small population size, low pond density, poor terrestrial habitat, substantial pre-existing dispersal barriers, small development footprint, short construction period. You should bear these mitigating and aggravating factors in mind when considering risk.

It is critical that, even if you decide not to apply for a licence, you ensure that any development takes account of potential newt dispersal. Where great crested newts are present, landuse in that area must ensure there is adequate connectivity. Retaining and improving connectivity will often involve no licensable activities.

Component Likely effect (select one for each

component; select the most harmful option if more than one is likely; lists are in order of harm, top to bottom)

Notional offence probability score

Great crested newt breeding pond(s) No effect 0

Land within 100m of any breeding pond(s)

No effect 0

Land 100-250m from any breeding pond(s)

0.1 - 0.5 ha lost or damaged 0.1

Land >250m from any breeding pond(s) 1 - 5 ha lost or damaged 0.04

Individual great crested newts No effect 0 Maximum: 0.1

Rapid risk assessment result: GREEN: OFFENCE HIGHLY UNLIKELY

Guidance on risk assessment result categories "Green: offence highly unlikely" indicates that the development activities are of such a type, scale and location that it is highly unlikely any offence would be committed should the development proceed. Therefore, no licence would be required. However, bearing in mind that this is a generic assessment, you should carefully examine your specific plans to ensure this is a sound conclusion, and take precautions (see Non-licensed avoidance measures tool) to avoid offences if appropriate. It is likely that any residual offences would have negligible impact on conservation status, and enforcement of such breaches is unlikely to be in the public interest.

"Amber: offence likely" indicates that the development activities are of such a type, scale and location that an offence is likely. In this case, the best option is to redesign the development (location, layout, methods, duration or timing; see Non-licensed avoidance measures tool) so that the effects are minimised. You can do this and then re-run the risk assessment to test whether the result changes, or preferably run your own detailed site-specific assessment. Bear in mind that this generic risk assessment will over- or under-estimate some risks because it cannot take into account site-specific details, as mentioned in caveats above. In particular, the exact location of the development in relation to resting places, dispersal areas and barriers

should be critically examined. Once you have amended the scheme you will need to decide if a licence is required; this should be done if on balance you believe an offence is reasonably likely.

"Red: offence highly likely" indicates that the development activities are of such a type, scale and location that an offence is highly likely. In this case, you should attempt to re-design the development location, layout, timing, methods or duration in order to avoid impacts (see Non-licensed avoidance measures tool), and re-run the risk assessment. You may also wish to run a site-specific risk assessment to check that this is a valid conclusion. If you cannot avoid the offences, then a licence should be applied for.

APPENDIX 5

GCN SURVEY RESULTS 2009

DRAWINGS

Ibstock Bricks 1996 Ltd Knutton Quarry - Method Statement

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