CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (AS AMENDED)

Transcription

1 Date: 16 October 2015 Our Ref: EPS-MIT Your Ref: C Mr Neil Reeves South West Lakes Lidn Park Launceston Devon PL15 7PF Customer Services Wildlife Licensing First Floor Temple Quay House 2 The Square Bristol BS1 6EB T: F: Dear Mr Neil Reeves, CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (AS AMENDED) Your application for a Mitigation licence: WML-A Mitigation licensing has been granted. Your Licence numbered EPS-MIT is attached and it is valid from 16 October 2015 to 10 November Please ensure that you have read and understand all of the conditions and notes applicable to the licence and that you comply with them at all times. Failure to do so could result in you committing an offence. Please note that most wildlife offences carry a maximum penalty not exceeding level 5 on the standard scale (currently 5000) and/or 6 months in prison. Please also ensure that you submit all necessary returns information. Your return is due on 24 November 2018.

2 If you have any queries please or call , quoting your customer ID and the above reference number. Yours sincerely, Jon Moss Customer Services, Wildlife Licensing cc: Mr Paul Gregory

3 ANNEX: SPECIAL CONDITIONS TO HAZEL DORMOUSE INDIVIDUAL LICENCE IMPORTANT: These special conditions are in addition to the standard licence conditions Where there are several options you are required to do those that are indicated by. Natural England Reference: EPS-MIT Summary of permitted activities and numbers table Licensable activity Permitted activity Maximum number (if applicable to activity) Kill No N/A Capture (take) Yes Six Transport Yes Six Disturb Yes Number not specified Breeding site Damage Yes Number not specified Destroy Yes Number not specified Resting place Damage Yes Number not specified Destroy Yes Number not specified General: 1. Persons acting under this licence must abide by the most up to date iterations of the relevant species guidance. In this context the relevant species guidance includes: (i) The advice in the Dormouse Conservation Handbook (see Licence Note a). 2. The Licensee, including the Named Ecologist, Accredited Agents and Assistants (see Definitions in conditions 26-29), must adhere to the activities and timescales agreed in Work Schedule WML-A35a-E5a&b (dated and referenced 14/10/2015) between the licensee and Natural England. 3. Figures: B2.1 -; D 23/04/2015; E2 23/04/2015; E3 23/04/2015; E4 23/04/2015; Other as specified, -, must be complied with (see end of Annex for list of Figures). 4. The Named Ecologist or Accredited Agent must ensure that all those involved with the licensable works understand by way of a tool box talk that dormouse are present; the legislation relating to dormice; measures that will be used to protect them; good working practices; licensable activities and what to do should dormice be found. This information must be provided before any licensable works commence on site. A written record that this has been undertaken, and the detail it covered, must be kept by the Named Ecologist or Accredited Agent and made available to Natural England or any police officer on request. 5. This licence does not confer any right of entry upon land. 6. Disturbance of dormice and damage and / or destruction of their habitats will be limited to that shown in Figure D. Methodology and mitigation: WML-L35a(Dormouse Annex ) 05/14 Page 1

4 7. All works must be undertaken using best practice methodology to ensure minimal risk to dormice and all relevant animal welfare must be complied with at all times. 8. Methods licensed: Location Licensed method Required? Additional details As indicated on Figure E2 Single stage habitat removal active season N/A; 5.2ha as per Work Schedule dated 14/10/2015 (with finger tip search) Single stage habitat removal hibernation N/A; - season (with finger tip search) Two stage habitat removal: N/A; As per Work Schedule dated 14/10/2015 Stage 1 habitat removal (above ground vegetation 15-30cm) Stage 2 habitat removal (removal N/A; As per Work Schedule dated 14/10/2015 of root balls) Hand searches including capture by hand N/A; prior to habitat clearance Capture by nest box / nest tube N/A; As per Work Schedule dated 14/10/2015 Release within licensed site (If captured N/A; relocation of any dormice found as per during searches) condition 14 below Other: - N/A; - 9. Vegetation clearance of above ground dormice habitat must be carried out using hand held tools only. And/or using a harvester, on the advice of the ecologist on site. 10. Single stage active season clearance must be carried out in a staged manner with up to 50m 2 strips cleared each day towards retained habitat. 11. Where capture and / or handling of dormice (including release) are necessary, only the Named Ecologist, Accredited Agent or an Assistant directly supervised by the Named Ecologist or an Accredited Agent by may do so. 12. Provision must be made for prompt assistance to deal with any injured dormouse. Any injured or dead dormice must be reported to Natural England on licence return form WML-LR-DORMANN. 13. Where active dormice are discovered during works and it is possible to allow them to move independently to safe habitats, outside high risk work areas, this should be the first course of action. 14. Where it is not possible to follow Condition 13 and dormice are discovered and taken under this licence they must be: In the active season: relocated in the existing nest to a specifically erected dormice nest box (if applicable) within 100m of the capture location. And / or During hibernation: relocated in the existing hibernation nest, with surrounding damp material, to a location within 100m of this site similar in condition and aspect to the existing hibernation nest location. It must then be covered by suitable material for protection. 15. During the hibernation period for works involving standard 2-stage methodology, finger-tip searches of haul routes or other areas of high risk to dormice must be carried out and dormice relocated to safety as outlined in Condition 13. Dormice found outside high risk areas during these searches must remain in situ. In the unlikely event of the animal rousing from hibernation it must be taken into captivity until it can be released within 100m of its capture site when weather conditions become suitable. WML-L35a(Dormouse Annex ) 05/14 Page 2

5 16. Where a breeding nest is discovered works must stop and provision made for the nest to remain in situ, undisturbed and connected to contiguous habitat, until the young have been weaned and allowed to disperse. Only following dispersal of all young from the nest shall licensable works in this location re-commence. Compensation: 17. Terrestrial habitat compensation measures as below and as shown on Figure E3 are to be provided: Compensation measure Area (ha), length (m), number New hedgerow planting N/A; - Hedgerow gap planting N/A; - Hedgerow translocation N/A; - Coppice stool translocation N/A; - Scrub planting N/A; - New woodland planting N/A; 5.2ha Woodland thinning / coppicing N/A; - Woodland infill planting to increase species diversity N/A; - Nest box erection N/A; - Habitat re-instatement / restoration N/A; - Connectivity / linking structures (e.g. bridge) also see Condition 23 N/A; - Other: - N/A; - Post-development habitat management and maintenance requirements: 18. The following habitat management and maintenance features must be undertaken in line with Figure E4: N/A; Hedge management regime: -; Woodland management to maintain species and structural diversity: -; Scrub management: -; Fencing to protect retained or newly created habitat: -; Measures to limit incursion by domestic cats: -; WML-L35a(Dormouse Annex ) 05/14 Page 3

6 Other as specified: Site maintenance operations must be undertaken in line with Figure E4 and Work Schedule WML-A35a-E5a&b Table b: N/A; Check success of establishment of new planting / translocation of habitats and taking remedial action if required: -; Repair or replace fencing: -; Maintain dormouse bridges in good condition: -; Clear material in nest boxes annually to maintain condition: in years ; Repair or replace interpretation boards: -; Other as specified: Is a Habitat Management and Maintenance Plan required for this licence? YES: NO If Yes, all habitat management and maintenance must be carried out in accordance with Habitat Management and Maintenance Plan referenced Are dormouse bridges or other linking structures required as part of this licence? YES: NO If Yes, - (structure) must be created as per design shown in Figure E3-, location as per Figure E4. Post-development monitoring and reporting requirements: 22. Monitoring must be undertaken as specified in the years outlined in Work Schedule WML-A35a-E5a&b, Table E5b: N/A monitoring required in years By way of: nut search survey; nest tube survey; nest box survey; hair tubes; camera traps. An assessment of dormouse habitat and /or mitigation structures must also be made at this time. Should survey and habitat assessment indicate mitigation / compensation provided is failing measures must be taken to remedy this as soon as practically possible. Details of such actions must be included within the licence return (WML-LR- DORMANN). 23. Dormouse bridge or other linking structures as shown on Figure E4 must be maintained and monitored: N/A It is a condition of this licence that the following reports are completed and returned to Natural England as specified: Report of Action within 14 days (two weeks) after the expiry of the licence (which includes any nil reports). WML-L35a(Dormouse Annex ) 05/14 Page 4

7 The following interim licence report/s is/are required: Is this licence part of a phased or multi-plot development? YES: NO If Yes, Master Plan reference - must be re-submitted, and updated if necessary, with any modifications to this licence and any future licence applications for this phased or multi-plot development. Definitions used in this annex: 26. The Licensee named on the licence is responsible for ensuring that all activities carried out on site in relation to the licence comply with the terms and conditions of the licence. All persons authorised to act under the licence must comply with the licence and its conditions (see Regulation 58(1) of the 2010 Regulations (as amended)). This means that those persons authorised by the Licensee also have a responsibility for ensuring that the licence is understood and complied with. 27. The Named Ecologist is a professional ecological consultant who has satisfied Natural England that they have the relevant skills, knowledge and experience of the species concerned and is responsible for undertaking and/or overseeing the work undertaken in respect of the licensed species. The Named Ecologist has a responsibility for ensuring that the licence is complied with. They are responsible for advising the licensee on the suitability and competence of any Accredited Agents or Assistants employed on site to undertake the required duties and may include the direct supervision of Assistants where appropriate. 28. An Accredited Agent is a suitably trained and experienced person who is able to carry out work under a licence without the personal supervision of the Named Ecologist. Any Accredited Agent must be appointed by the Licensee and be in possession of a letter signed by the Licensee confirming their appointment. Agents shall carry a copy of the said letter when acting under the licence and shall produce it to any police or Natural England officer on request. 29. An Assistant is a person assisting a Named Ecologist or Accredited Agent. Assistants are only authorised to act under this licence whilst they are under the direct supervision of either the Named Ecologist or an Accredited Agent. Licence notes a) The following mitigation or compensation is being provided as part of a planning permission or other consent but is not required by Natural England to be provided as part of this licence: -. It is the licensee s responsibility to ensure that they comply with planning permissions and / or other consents as necessary. b) The Dormouse Conservation Handbook is available from the Natural England website. You are expected to check whether this guidance has been updated and if so, to ensure that you act in accordance with the most up to date version. c) Post development monitoring report form (WML-LR-DORMANN) can be used for reporting purposes and sent to the above address at the each report interval. d) Any significant changes to a master plan should be agreed with Natural England in advance. Wildlife Adviser signature Date 15 October 2015 WML-L35a (Dormouse Annex) 06/14 Page 5

8 Name Dr Susie Moore Figure references: Those marked with an * are mandatory for each licence, and those marked ** are applicable to specific licences only). Condition 3 of this licence annex details which Figures form part of this licence and its conditions and they must be complied with. Figures are not sent back out to the Licensee or Named Ecologist when the licence is granted as dated and referenced copies are already held by them. B2.1** Project wide master plan (mandatory for phased and multi-plot developments). D* Impacts: disturbance to dormice and habitat damage and / or destruction of habitats. E2* Locations and habitats where all capture and exclusion activities will be undertaken; details release areas for licence involving capture and release. E3** habitat creation, restoration and enhancement measures. Additional figure required for mitigation connectivity measures (e.g. dormouse bridges, underpasses etc). E4** Management, maintenance and monitoring map, showing habitats and structures covered by the licence. WML-L35a (Dormouse Annex) 06/14 Page 6

9 Conservation of Habitats and Species Regulations 2010 (as amended) LICENCE - Mitigation licensing This licence authorises acts that would otherwise be offences under the above legislation Any request for information in this licence will be considered under the Environmental Information Regulations 2004 and the Freedom of Information Act 2000 as appropriate. Customer Services Wildlife Licensing First Floor Temple Quay House 2 The Square Bristol BS1 6EB T: F: Natural England Ref: EPS-MIT Under the Conservation of Habitats and Species Regulations 2010 (as amended) Natural England has granted this licence for Dormice for the purpose of: Preventing the spread of disease, under section 53(2)(f) to: Name (in full): Company Name: Address: County: Postcode: Mr Neil Reeves N/A South West Lakes Lidn Park Launceston Devon PL15 7PF Between the dates of: 16 October 2015 and 10 November 2018 inclusive Project Description: Felling of trees and removal of regenerated larch as per Statutory Plant Health Notice (SPHN) number: 14/00946/01 At (locations): Site/Location Name County OS Grid Reference Southweek Wood Devon SX CWM EPS 19/09/13 V of 5

10 For the maximum number of the following species: Maximum Number Species Common Name Species Taxonomic Name 6 Muscardinus avellanarius For the following activities and methods: Species Common Name (Taxonomic Name) CWM EPS 19/09/13 V of 5 Activity Transport Damage breeding site Method By hand Two stage habitat removal Damage breeding site Single stage habitat removal - active season Destroy breeding site Two stage habitat removal Destroy breeding site Single stage habitat removal - active season Damage resting place Damage resting place Damage resting place Hand search Capture by nest box / nest tube Two stage habitat removal Damage resting place Single stage habitat removal - active season Destroy resting place Destroy resting place Destroy resting place Hand search Capture by nest box / nest tube Two stage habitat removal Destroy resting place Single stage habitat removal - active season Capture Capture Disturb Disturb Disturb Disturb By hand Capture by nest box / nest tube By hand Hand search Capture by nest box / nest tube Two stage habitat removal Disturb Single stage habitat removal - active season

11 This licence is granted subject to the licensee, including servants and named agents, adhering to the conditions and notes specified below and to the activities agreed in the Method Statement, or annex, between the licensee and Natural England. The Method Statement, or annex, for the mitigation scheme is appended to this licence. The following person is authorised to act on behalf of the licensee: Consultant Name: Mr Paul Gregory 840, Wolseley Road Plymouth County: Postcode: Devon PL5 1JU Signature: Jon Moss Date: 16 October 2015 (for and on behalf of Natural England) WARNING This licence authorises acts that would otherwise be offences under the Conservation of Habitats and Species Regulations 2010 (as amended). Any departure from the conditions relating to this licence may be an offence under that legislation; This licence conveys no authority for actions prohibited by any other legislation; This licence can be modified or revoked at any time by Natural England, but this will not be done unless there are good reasons for doing so. The licence is likely to be revoked immediately if it is discovered that false information had been provided which resulted in the issue of the licence. Bodies corporate and their directors/secretaries are liable for offences under the Conservation of Habitats and Species Regulations 2010 (as amended). LICENCE CONDITIONS 1. The licensee is responsible for ensuring that operations comply with all terms and conditions of the licence. 2. While engaged in the activities to which this licence applies the licensee shall make a copy of the licence (including any Annex if applicable) available for inspection on each site where the activities are taking place and shall produce it on demand to any constable or an officer of Natural England. CWM EPS 19/09/13 V of 5

12 LICENCE CONDITIONS 3. No agent of the licensee shall carry out any of the activities to which this licence applies unless authorised in writing by the licensee, appointing them the licensee's agent. The agent shall make a copy of the authorisation available for and shall produce it on demand to any constable or officer of Natural England. 4. The licensee must submit a written report of actions taken under the licence, even if no action is taken, and send it to the Natural England officer at the address shown at the top of the report form, to arrive not later than 14 days (two weeks) after the expiry of the licence. Failure to make reports may result in the licence being revoked and/or the refusal to grant subsequent licences. Please note some licences may have additional reporting requirements specified in an attached Annex. 5. It is a condition of the licence that any post development monitoring data (e.g. survey data and habitat assessment) including nil returns are submitted to Natural England to arrive no later than 14 days (two weeks) after the expiry of the licence or as specified in any Annex. Post development survey data (except nil returns) must also be sent to the relevant Local Biological Records centre within this time period. 6. A person authorised by the licensee shall provide him/her with such information as is within his/ her knowledge and is necessary for the report, which the licensee is required to make to Natural England. 7. The licensee shall permit an officer of Natural England, accompanied by such persons as he/ she considers necessary for the purpose, on production of his/her identification on demand, reasonable access to the site for monitoring purposes and to be present during any operations carried out under the authority of this licence for the purpose of ascertaining whether the conditions of this licence are being, or have been, complied with. The licensee shall give all reasonable assistance to an officer of Natural England and any persons accompanying him/her. 8. The licensee, including servants and named agents, must adhere to the activities and timescales agreed between the Licensee and Natural England in the Method Statement or, if applicable, in the Annex attached to the licence. 9. All activities authorised by this licence, and all equipment used in connection herewith shall be carried out, constructed and maintained (as the case may be) so as to avoid cruelty, unnecessary injury or distress to any species covered by this licence. 10. Methods used in connection with the execution of this licence must comply with the relevant published mitigation guidelines, unless otherwise agreed with Natural England. 11. Good practice and reasonable avoidance measures must be followed at all times. 12. All records are to be made available for inspection at any reasonable time by Natural England. 13. The licensee and named ecologist are responsible for all activities of the persons they have appointed in connection with this licence. 14. It is a condition of this licence that you must have obtained prior consent from all landowners and/or occupiers before commencing any activities that are authorised by this licence. CWM EPS 19/09/13 V of 5

13 Additional Condition(s): NOTES 1. Under Regulation 58(1) of the Conservation of Habitats and Species Regulations 2010 (as amended), it is an offence to contravene or fail to comply with a licence condition. This includes all persons authorised to act under this licence. 2. Any person who provided a false statement or information to obtain this licence is guilty of an offence and may be liable to prosecution. 3. Please read the details of your licence carefully to ensure that you comply with it paying particular attention to the number and species licensed as this may differ to what was requested in your application. 4. If this licence has been issued as a result of a modification request then the licensed number excludes any animals or plants permitted to be captured/taken/disturbed/transported/etc. under your previous licence and this modified licence replaces your previous licence. Additional Note(s): Additional Authorised Individuals The additional authorised individuals listed below are also authorised to act under the terms and conditions of this licence: Nil CWM EPS 19/09/13 V of 5

14 WML-A35a-E5a&b WORK SCHEDULE FOR HAZEL DORMOUSE ANNEXED LICENCE Site name and address (as stated on the application form and/or licence): Southweek Wood Local Nature Reserve (LNR), Site 1, Roadford, West Devon - Grid ref: SX WML-A35a-E5a&b Work Schedule for all new applications from end of July 2014: Please ensure that this work schedule is S.M.A.R.T and appropriate timescales are provided for each activity, to fit with order of events. Mandatory for all projects. Complete these schedules to show timings for all major categories of work (mitigation and compensation measures), and to show the main construction period. The most common activities are listed here, and you can add up to 6 more if needed. Leave blank if not applicable. Enter timing by stating start and end dates, to nearest month and year (see first line for example). Enter comments if you need to clarify timings. For very complex schemes (e.g. high impact or phased development schemes) if additional lines are needed please do add in. This work schedule will form part of any annexed licence. E5a PLEASE INCLUDE DATE OF SUBMISSION (e.g. 1 July 2014). This will be referenced in the licence 14 October 2015 Activity Timing Comments Activity (state completed and fit for purpose before licensed works due to commence if appropriate) Example: Capture by nest box / nest tube followed by release May 2015 Release into suitable habitat within hours of capture New habitat creation / planting - scrub, woodland Winter 2015/16 Where necessary New habitat planting of hedgerow Habitat enhancement (e.g. thinning and infill planting, etc) Winter 2015/16 Where necessary Hedgerow translocation Coppice stool translocation Installation of dormouse nest boxes (pre-works) N/A 52 Already installed WML-A35a-E5a&b (vs. June 2014) Page 1

15 Installation of dormouse nest boxes (post construction) Construction of connectivity or linking structure (state what this is) 1 st October - Mid November These will be replace if and when required as part of the NDMP. Where necessary if current position is unsuitable. Whilst causing minimum disturbance to dormice. Single stage habitat removal active season (with finger tip search) 1st October - Mid November All works to be undertaken under watching brief. Ecologist will be onsite to re-locate any individual to a safe area within the site if any dormice are found during the felling works. If a dormouse is encountered during the works it will be removed from the works area and placed in an adjacent dormouse box in a safe area unaffected by the works but within the woodland. Single stage habitat removal hibernation season (with finger tip search) Hand searches including capture by hand 1st October - Mid November All works to be undertaken under watching brief. Ecologist will be onsite to re-locate any individual to a safe area within the site if any dormice are found during the felling works. If a dormouse is encountered during the works it will be removed from the works area and placed in an adjacent dormouse box in a safe area unaffected by the works but within the woodland. Two stage habitat removal: Stage 1 habitat removal (above ground vegetation 15-30cm) Autumn/ winter Method to be employed if single stage habitat removal cannot be completed prior to hibernation period. Trees are cut down to just above ground level (to guard against WML-A35a-E5a&b (vs. June 2014) Page 2

16 harming any dormice that have gone to ground to hibernate), this cannot be done with heavy machinery. Stage 2 habitat removal (removal of root balls) May 2016 onwards Removing root ball after the hibernation period is complete Capture by nest box / nest tube, followed by immediate release Only if a dormouse is loctaed within a nesting box is going to be impacted on by felling adjacent larch. Moved to safe are in exsisting woodland. Construction period (start and end dates) Site checks & maintenance during construction Continuous watching brief Ecologist on site during works Habitat reinstatement (for temporary impact schemes only) e.g. restoration Winter 2015/16 Post habitat clearance Post construction mitigation/compensation on dev't site or other (provide details) Twice a year (one check in May, one in September) until Spetember 2018 at the earliest, On-going in relation to NDMP. Continued monitoring of boxes on site twice a year (NDMP) WML-A35a-E5a&b (vs. June 2014) Page 3

17 E5b) Post-development works - type a "Y" where each activity will occur for a given year (unless otherwise stated) and leave blank for no activity. Year Population monitoring Y x1 Y x2 Y x2 Y x2 N N N N N N N N Connectivity or linking structure monitoring (e.g. bridge) N N N N N N N N N N N N Habitat management (e.g. thinning, coppicing, hedges etc) Y Y Y Y Y Y Site maintenance (clear out boxes, check establishment of new planting, maintenance of bridges etc) Y Y Y Y Y Y Y Y Y Y Y Y WML-A35a-E5a&b (vs. June 2014) Page 4