APL Laxey River - Construction Environmental Management Plan

Laxey River Section 6

Construction Environmental Management Plan

January 2024

Control sheet

Ecology Vannin: 7-8 Market Place, Peel, Isle of Man.	Ecology Vannin: 7-8 Market Place, Peel, Isle of Man.
Job number:	EV 23_61
Title:	Laxey River Section 6 – Construction Environmental Management Plan (CEMP)
Client:	Burroughs Stewart Association
Prepared by:	Greg Watson – Trainee Ecologist
Verified by:	Adam Denard – Senior Ecologist
Date of Issue:	24/01/24
Version:	1
Revisions:	0
Status:	DRAFT

This report is prepared by Ecology Vannin Consultancy Services for the sole and exclusive use of Burroughs Stewart Association and their contractors in response to their particular instructions. No liability is accepted for any costs, claims or losses arising from the use of this report or any part thereof for any purpose other than that for which it was specifically prepared or by any party other than Burroughs Stewart Association. Any biological records for wildlife found in survey will eventually be submitted to Manx Biological Recording Partnership.<br><br>Ecology Vannin Consultancy Services is the trading name for Wildlife Limited, Reg Company No: 077379C. Wildlife Limited is a wholly owned subsidiary of Manx Wildlife Trust (MWT), Reg Company No: 005297C.This report does not prevent MWT pursuing its charitable objectives in relation to planning. This report has been prepared by an environmental specialist and does not purport to provide legal advice. You may wish to take separate legal advice. The information which we have prepared and provided is true and has been prepared and provided in accordance with the BS42020 2013 and Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct and guidelines for preliminary ecological appraisals (CIEEM 2017). We confirm that the opinions expressed are our true and professional bona fide opinions.<br><br>Signed (Author) Signed (QA)<br><br>

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Biographies

Greg Watson BSc (Hons) is a trainee ecologist who was born on the Isle of Man with experience in protected species surveying including bats, lizards and frogs. Greg holds a firstclass Bachelor of Science degree with honours in Wildlife Conservation which has given him field skills for ecological surveying and census techniques. Further, Greg has acquired a strong understanding of the legal frameworks in the United Kingdom and the Isle of Man surrounding the protections afforded to habitats and species. He also has experience in avian species monitoring including Birds of Conservation Concern (BoCC) such as hen harrier and arctic tern and has been the leader of a protection and monitoring team for the rare breeding European bee-eater in Norfolk, England.

Adam Denard BSc (Hons) has been a professional ecologist for over 10 years, with particular emphasis on recording and assessing habitats in England and the Isle of Man for their potential to support protected species. Adam regularly produces professional ecological reports within the Isle of Man planning system for ecological appraisals, impact assessments, mitigation plans and specialist protected species surveys.

Contents

• 1.0 Introduction .....................................................................................................................................4
• 2.0 Environmental Management Plan ...................................................................................................5

• Appendix I – Douglas Bay Marine Nature Reserve Designation Features ..................................................10
• Appendix II: Precautionary Working Method Statement for Birds.............................................................11
• Appendix III: Precautionary Working Method Statement for Common Frog............................................12
• Appendix IV: Site Development Plan ..........................................................................................................13

Glossary

CEMP Construction Environmental Management Plan DEFA Department of Environment, Forestry and Agriculture ECoW Ecological Clerk of Works EPU Environmental Protection Unit PEAR Preliminary Ecological Appraisal Report

• 1.0 Introduction

Rationale

• 1.1 Ecology Vannin was commissioned to produce a Construction Environmental Management Plan (CEMP) for a permitted development and erection of a flood defence wall along the Laxey River (application ref 23/01057/B). This is required in relation to satisfying condition 6, which states:

‘Prior to the commencement of development, including construction and enabling works, a Construction Environmental Management Plan (CEMP) shall be submitted in writing to the Department for approval. The CEMP shall include the following:

• • Working methods to ensure that Wildlife Act 1990 Schedule 8 plants are not spread.
• • Precautionary Working Method Statements for breeding birds.
• • Measures to be put in place for the protection of the surrounding habitats during construction, including protective fencing and construction exclusion areas.
• • Measures to be taken to prevent water, sediment and pollution runoff from site, including measures to prevent the degradation of the lower Laxey river and neighboring Laxey bay MNR.

All works shall be undertaken in full accordance with the approved details.’

• 1.2 For context of the risks to the local wildlife, operation surrounding the repairs to the existing wall and construction of a new masonry and concrete flood defense wall may pose potential negative impacts to some species. This will involve removal of vegetation including schedule 8 invasive non-native plant species along some sections of the bank. There is a requirement for vehicles and machinery (e.g diggers) to enter the river in some areas which may negatively impact aquatic species.

• 1.3 The aim of the CEMP is to provide a document for the development that enables site managers and operatives to carry out the proposed development in such a way that mitigates any significant adverse impacts upon the ecological/biodiversity interest of the site. More practically it contains a table of action for site team to use and sign off to ensure integration of environmental/ecological measures.

Previous surveys/Key features

• 1.4 The site has already been subject to an Ecological Impact Assessment (EcIA) (Katie Watson Consulting, 2023). Site assessments have also been carried out by Ecology Vannin (2023).
• 1.5 From these surveys the key biodiversity receptors identified are:

• • Avoidance of negative impacts to retained habitats
• • Pollution of the watercourse

• • Schedule 8 invasive non-native plant species
• • Nesting birds (most likely Grey Wagtail Motacilla cinerea (BoCCIoM red list high conservation concern species (Morris & Sharpe, 2021).
• • Disruption to bat foraging and commuting flyways identified in 2021 by MWT remote sensing activity surveys (Common Pipistrelle, Soprano Pipistrelle, Leisler’s Bat and Daubenton’s Bat).

• 1.6 Additional documents to be read alongside this CEMP are the Invasive Species Management Plan (Ecology Vannin, 2024).

• 2.0 Environmental Management Plan
• 2.1 Table 1 (overleaf) provides a full summary of the significant environmental and ecological issues and addresses key requirements of planning condition 6.
• 2.2 This also includes a risk assessment the potentially damaging activities are provided using the Health and Safety matrix in Figure 1 below.

Figure 1: Risk assessment matrix

Table 1: Summary of significant environmental/ecological issues and required mitigation for proposed development of a flood defence wall on the Laxey River.	Table 1: Summary of significant environmental/ecological issues and required mitigation for proposed development of a flood defence wall on the Laxey River.	Table 1: Summary of significant environmental/ecological issues and required mitigation for proposed development of a flood defence wall on the Laxey River.	Table 1: Summary of significant environmental/ecological issues and required mitigation for proposed development of a flood defence wall on the Laxey River.	Table 1: Summary of significant environmental/ecological issues and required mitigation for proposed development of a flood defence wall on the Laxey River.
Issue	Risk assessment<br><br>	Mitigation/Protection	Person responsible<br><br>	Completed/Signed off<br><br>
Birds	Moderate	Adherence to the Precautionary Working Method Statement in Appendix II.	Site Manager ECoW
Bats	Moderate	Wherever practically possible after sunset working must be avoided and machinery or plant not left in the channel overnight to avoid disruption to commuting and foraging bats.<br><br>Should work after sunset be required advice must be sought from the ECoW on the risk to commuting and foraging bats and to agree Reasonable Avoidance Measures (RAMs)<br><br>Likely RAMs include artificial lighting should be directional only onto the areas to be worked so as to enable safe working conditions, restricting hours of work after dark to reduce impact, and ensuring plant is not left parked in-channel overnight.<br><br>Should a bat or anything suspected to be a bat be encountered, all work must temporarily be suspended and advice sought from the ECoW. If the bat is in immediate danger operatives can place the bat in a ventilated receptacle and contact Manx Bat Group Helpline 366177).	Site Manager ECoW
Schedule 8 plant species	Substantial	Adherence to Invasive Species Management Plan (separate document)	Site Manager ECoW
Fish and aquatic invertebrates	Substantial	Prior to construction of the new flood defence wall, DEFA’s Inland Fisheries must be fully consulted for a precautionary working method statement to be agreed between the contractors and fisheries staff with clear induction protocols for all site staff on the importance of adherence to the method statement.<br><br>This is to include but not limited to timing of works, safe entry and exit points to protected existing embankments, use of sediment control and safe working practices with regards to forecast rainfall and safe inchannel working.	DEFA Inland Fisheries Policy Manger and Site Manager

Common Frog	Slight	Adherence to the Precautionary Working Method Statement in Appendix III	Site Manager ECoW
Surrounding habitats	Slight	Retained trees and scrub will be protected from construction and enabling works by demarcating clear root protection zones and avoidance of damage to vegetation by safe working methods with heavy plant and associated machinery.<br><br>Should any uncertainty arise as to how this it to be achieved, advice is to be sort from the appointed Ecological Clerk of Works (ECoW)Protection will be through clearly marked areas of low lying highly visible fencing and tape rather than by Heras fencing, in order to reduce the potential for bird strike<br><br>The invasive species management plan (separate document) will be adhered to in order to reduce to prevent the accidental spread of invasive species.	Site Manager ECoW
Degradation of Laxey Bay MNR	Moderate	Prior to construction and enabling works, site drainage, watercourses and groundwater source protection zones will be identified and protected from all sources of pollution, including sediment, construction materials, chemicals and oils.<br><br>Avoidance measures to address pollution risks must be agreed with DEFA Inland Fisheries and details of DEFA Environment Protection Unit (EPU) emergency contact for pollution incidents must be readily available to the site manager for assistance and minimisation of adverse impact should an event occur.<br><br>Protective measures must include (but not limited to):	DEFA Inland Fisheries<br><br>Site Manager

		• Protection measures will be deployed to remove any sediment and other contaminants from water that will eventually enter a watercourse.<br><br>• Arrangements will be in place for the washing of equipment, e.g. cement and concrete in a contained area to ensure that these contaminants do not enter watercourses and are instead disposed of in accordance with construction site best practice guidelines.<br><br>• Pollution prevention measures will be in place under any items where there is a risk of spillage or leaks.<br><br>• Spill kits will be available and appropriate to the risk of spillage on site. All operative will be trained in how to use them.<br><br>• Arrangements will be made for the safe disposal of hazardous waste, including anything that results from spills.<br><br>• DEFA EPU will be notified immediately if any incidents occur so that a site visit can be undertaken.<br><br>• Any incident or unforeseen problems leading to watercourse contamination will be dealt with immediately, e.g. additional sediment control measures, use of spill kits etc.<br><br><br>Should any uncertainty over the level of risk from an operation, advice must be sought from the ECoW / DEFA Inland Fisheries / DEFA EPU as appropriate to assist with the potential risk and recommended course of action.<br><br>
Light pollution	Slight	Work during the summer months (May to August inclusive) will be restricted to daylight hours where possible. Where this is not possible, suitable directional lighting will be used to have minimal impact on species using the site and surrounding habitats (refer ‘Bats’ section).<br><br>	Site Manager

References

CIEEM (2017). Guidelines for Preliminary Ecological Appraisal, 2nd edition. Chartered Institute of Ecology and Environmental Management, Winchester

DEFA (2015). Managing our natural wealth – The Isle of Man’s first Biodiversity Strategy 2015-2025 – GD 2015/0049. IoM Gov, Douglas. Isle of Man Government Cabinet Office (2016). The Isle of Man Strategic Plan 2016 – 2016/0060. IoM Government, Douglas Isle of Man Government (2018). Designation of Marine Nature Reserve Guidance Notes. IoM Government, Douglas Morris and Sharpe (2021). Birds of Conservation Concern in the Isle of Man. British Birds, 114, September 526-540.

Appendix I – Douglas Bay Marine Nature Reserve Designation Features

Laxey Bay also supports other Isle of Man MNR bi-law species e.g. Eelgrass. Additionally, the present Iceland Clam is listed under the OSPAR Convention

Appendix II: Precautionary Working Method Statement for Birds

The following Reasonable Avoidance Measures (RAMs) will be adhered to for any enablement, demolition and construction work on the site.

• • The cutting back or removal of scrub or trees will be done outside the bird nesting season, which for species likely to occur on site could be as early as mid-February through to August

o If this is not possible, scrub and trees will first be checked by a suitably experienced ecologist prior to removal / cutting. Checks will be done no more than five days prior to the work being undertaken.

• • As birds can potentially nest at any time of year, if there is (at any time) any clear evidence or suspected evidence of breeding birds within the working area or in proximity to works so as to be adversely impacted by the works, all works must be temporarily suspended and advice sought from the ECoW. Examples of activity to consider are the finding of nests, nests with eggs, adults carrying nest material or food in their beaks, sounds of calling young birds, agitated adult birds repeatedly calling.
• • If any nests are found (including in the process of being built) the nest is to be safeguarded until all young have fledged and are independent of the nest.
• • Any bird injury or mortality is to be report to the ECoW and details of Manx Wild Bird Aid (https://www.wildbirdaid.com/ mob 242777) are to available to the site manager if any bird rescue is required. If the bird is in immediate danger operatives can place the bird in a suitable receptacle (with ventilation) prior to calling for assistance.

Appendix III: Precautionary Working Method Statement for CommonFrog.

The following Reasonable Avoidance Measures (RAMs) will be adhered to for any enablement, demolition and construction work on the site.

• • Any areas of bank vegetation to be disturbed must first be made unsuitable for frogs through the cutting back of the vegetation.

• o This work should ideally be undertaken during the non-active season for Common Frog (typically November to February).
• o Where this is not practically possible, vegetation should be cut to a minimum height of 10cm and left for 24-48hrs before any excavation or ground clearance to enable any frogs present to relocate into suitable adjacent habitat.
• o If frogs are found prior to or during construction, then the Ecological Clerk of Works (ECoW) should be contacted.
• o Clearance should be done by removing vegetation at least 24 hours prior to commencing any groundwork.

• • After clearance, vegetation within the construction area will be kept low so that it remains unsuitable for frogs.
• • Prior to any areas of standing water (including built and semi-natural water features) being disturbed in the frog breeding season (typically January to July inclusive), they must be checked for frogs or frogspawn.

o If any frogs or frogspawn (or anything suspected to be a frog or frogspawn) are encountered during works, all work must be temporarily suspended and advice sought from Ecology Vannin.

Appendix IV: Site Development Plan