2.8Ecological and Ornithological Protection and Biodiversity Enhancement

Responsibilities

2.8.1                       Implementation and monitoring of the Habitat Management Plan and any supporting species protection plans, including a Breeding Bird Protection Plan will be the responsibility of the ECoW.  A copy of the Habitat Management Plan and Protection Plans will be provided in Annex F.

2.8.2                     The ECoW appointment will be subject to approval by THC after submission of details of qualifications and experience. The role and duties of the ECoW are further detailed below. The Principal Contractor is required to comply with all control measures detailed within any Habitats Management Plan and supporting species protection plans.

Habitat Management Plan and Species Protection

2.8.3                     The ECoW erects and maintains markers and notices for limits around the project boundary, exclusion zones and other areas with protected species or habitats; the ECoW also considers requests and granting of permission to enter within any habitat and protected species exclusion zones established at the site.

2.8.4                     The ECoW conducts weekly checks for protected species and sensitive habitat (e.g. drainage systems, stored excavated material and watercourses) within and adjacent to construction areas, and maintains a register of all habitat inspections carried out.

2.8.5                     The ECoW implements any habitat management plans and supporting species protection plans and checks compliance with control measures detailed therein. The ECoW also executes the terms of any Licence to Disturb which might be required.

2.8.6                     Habitat species and protection plans will be compiled by the ECoW and submitted to the Employer for approval. 

Ecological Clerk of Works

2.8.7                      The ECoW will generally be appointed three to four months prior to work commencing on site. The role will be full-time for the duration of the main construction period (construction of infrastructure and associated facilities) and may be reduced to a part time role (two to four days/week) thereafter subject to Contractor performance and general consensus between ECoW, Employer and THC (where required).

2.8.8                     The ECoW will be a member of a relevant chartered professional institute e.g. the Chartered Institute of Ecology and Environmental Management (CIEEM), with suitable experience.

2.8.9                     The ECoW will always inform the Employer’s Project Manager, Environmental Manager and Site Environmental Representative of areas of particular concern, and if any subsequent action requires notification of statutory consultees.

2.8.10                  The ECoW will be involved in the delivery of biodiversity-related Toolbox Talks as part of the site induction process. All staff will know of the circumstances when the ECoW should be contacted, and the relevant phone numbers.

2.8.11                    The ECoW will liaise with the statutory consultees as required and agreed with the Employer in line with any THC requirements (if applicable).

Monitoring and Reporting

2.8.12                  The ECoW will attend a weekly (or fortnightly, if agreed) meeting which will include representatives from the Employer, Contractor, sub-contractors. The purpose of these meetings is to:

• Review the effectiveness of mitigation/controls as construction progresses in the context of ecological and environmental mitigation.
• Discuss construction programme for the following week/fortnight look-ahead and agree actions on these matters.

2.8.13                  The ECoW will keep a record of the following:

• Animal sightings and signs (including birds, in addition to other site ornithological monitoring), particularly those noted in searches one or two days in advance of construction.
• Weekly checks on the effectiveness of silt and pollution prevention measures.
• The habitats of ground to be developed via survey at least a week in advance of construction work.
• Record of tasks carried out, key decisions and written record of all verbal advice given.

2.8.14                  The ECoW will maintain a GIS database of recordings made during the construction period. Field records will use, if necessary, differential GPS technology captured into a field GIS system.

2.8.15                  ECoW will assist the Employer with the supply of relevant information for compliance assessment.

2.8.16                  The ECoW will provide monthly reports throughout the construction period. On completion of construction works, the ECoW will produce a final report to the Employer documenting the environmental and ecological effects of the construction period.

2.8.17                   The evidence for effects will be based on findings included in the minutes of weekly/fortnightly meetings, together with other recording information maintained by the ECoW. The report will relate results to residual effects predicted in the site’s Onshore EIA Report documents. The report will be made available to the Principal Contractor and THC.

2.9Land Use and Access

Minimum Requirements

2.9.1                       The Principal Contractor will prepare an Access Plan detailing access to and from the Proposed Development and how existing public and private access would be maintained during construction and operation of the Proposed Development. A copy of Access Plan will be included in Annex G.

2.10Forestry Works

Minimum Requirements

2.10.1                    Forestry operations are undertaken in accordance with the Forests and Water UK Forestry Standard Guidelines, 2017, published by the Forestry Commission.

2.10.2                  Tree felling operations will be undertaken by a qualified tree felling/forestry contractor and their subcontractors (if applicable).

2.10.3                  The forestry contractor will liaise with the Environmental Manager and Site Environmental Representative so that any identified protected species and/or sensitive habitats have been considered prior to commencement of the works, and appropriate mitigation measures have been agreed.

2.10.4                  All access and egress points for the forestry contractor will be as agreed with the Principal Contractor. For all road vehicles all normal highway rules will apply on all routes, at all times. Traffic management will normally be under the control of the Principal Contractor.

2.10.5                  Where there are localised site traffic risks associated with tree felling operations, traffic management will be set up by the forestry contractor in consultation with the Principal Contractor.

2.10.6                  The forestry contractor will provide details of the harvesting and extraction subcontractor and the timber haulage subcontractor (if applicable) prior to commencement of forestry works to the Principal Contractor and the Employer.

2.10.7                   The tree felling contractor, and their subcontractors will be familiar and comply with the Pollution Prevention and the Environmental Incident and Emergency Response measures as detailed in the CEMP.

2.10.8                  Large scale machinery will not operate within 15 m of sensitive watercourses or watercourses feeding the wider aquatic environment. Within these areas if felling is required, it will be undertaken manually or with small scale machinery to minimise disturbance to watercourses or water dependent habitats or a detailed method statement agreed with SEPA outlining required measures. To reduce the likelihood of soil and water contamination biodegradable chain oil will be used in harvesting machinery over the whole site. All forestry machines on site will carry an oil spill kit specially compiled for forestry operations.

2.10.9                  The forestry contractor provides spill kits and plant nappies to prevent pollution from fuelling operations. All plant regularly checked for fuel and oil leaks, at least once a day. Re-fuelling activities will comply with the PPP and the EIERP measures.

2.10.10               At least 2 months prior to the commencement of the forestry felling operations, the Principal Contractor obtains risk assessments and method statements from the forestry contractor and these are expected to address relevant requirements as detailed in this CEMP.

2.10.11                 At least two months prior to the commencement of the forestry felling operations, the Principal Contractor provides to the Employer (for submission to THC) the forestry contractor’s detailed Drainage Management Plan for the site which identifies any requirements for attenuation of surface water runoff and related mitigation.

2.10.12               Any type of forestry works has the potential to affect protected species, e.g. nesting birds, red squirrels and bats and will require close liaison with the ECoW. The  ECoW are to be given at least two weeks’ notice prior to any felling works being undertaken. The Principal Contractor ensures that relevant sensitive areas as identified by the ECoW or ACoW are demarcated/fenced off in accordance with the ECoWs specifications. The Principal Contractor provides fencing/demarcation materials and installs them in accordance with the ECoW instructions.

Felling and Replanting Plans

2.10.13               Tree clearance works are required as part of the Proposed Development and requirements for the works will be detailed in a separate method statement to be provided by the Principal Contractor.

2.10.14               A Felling and Replanting Plan for the extent of felling works, and restocking proposals will be provided by the Principal Contractor and approved by the Employer and will comply with the Schedule of Mitigation and relevant planning conditions as required. A copy of the Felling and Replanting Plan will be included in Annex C.

2.11Excavated materials

2.11.1                      In advance of each main phase of works, the Principal Contractor (in consultation with the ECoW, and other specialists where required), provides a method statement detailing expected volumes, material classification, storage and reuse procedures for the excavated materials anticipated from that particular work area. This includes information on soil types, volumes, storage areas and a management/reinstatement scheme including:

2.11.2                    Plans showing the details of soil stripping and excavation at site and the storage and proposed use and replacement of topsoil and subsoil.

2.11.3                    The assessments undertaken to support the Proposed Development contains information on expected soil types and rock volumes requiring excavation and reuse as part of the construction works. The Principal Contractor utilises this information and any additional investigation findings post-consent when planning the works.

2.11.4                    The Principal Contractor liaises with SEPA on all aspects of waste management, if required, for compliance with all appropriate regulatory controls prior to and during construction works.

Classification

2.11.5                    Excavated soils and rock are a definite requirement for reinstatement on site in landscaping and re-profiling works and in order to minimise visual impacts and facilitate habitat and ecological restoration.

2.11.6                    Classification of excavated materials depends on their status and identified re-use in reinstatement works. For compliance with relevant waste legislation, excavated materials will require to be classified on site

2.11.7                    When defining excavated materials suitability for reuse, the Principal Contractor considers the material classes defined in Chapter 2 of the Management of Extractive Waste (Scotland) Regulations 2010. Any material that is not immediately suitable for a predetermined use without the requirement for treatment (e.g. dewatering) is classed as waste and requires to be dealt with in accordance with the SWMP.

Handling and Temporary Storage

2.11.8                    During and after excavation, the Principal Contractor plans the storage, haulage and reuse of excavated material to minimise material movement around the site. Where possible, immediate reuse is preferable to temporary storage.

2.11.9                    Stripped materials will be carefully separated and stored in appropriately designed and clearly defined, separate stockpiles.

2.11.10                 Distinct horizons of material will be stored in separate stockpiles where applicable. Stockpiles will be formed avoiding excess consolidation during placing and with naturally stable side slopes. Turves must be stored turf side up and must not be allowed to dry out.

2.11.11                   Where material is not required for immediate reinstatement, temporary storage may be required. To minimise handling and haulage distances, where possible excavated material will be stored local to the site of excavation and/or local to the end–use site where it is required for re-profiling, reinstatement, or ecological restoration purposes (e.g. areas allocated for restoration in the Proposed Development’s Habitat Management Plan). The Principal Contractor agrees storage location(s) with the ECoW and Geotechnical Engineer prior to commencement of main phase of works. The storage location will be subject to scrutiny against known constraints, e.g. sensitive habitats and archaeological features.

2.11.12                 Temporary storage locations will be appropriately located and designed to minimise impact to sensitive habitats and species, prevent risks from material instability and runoff into watercourses.

2.11.13                 Stockpiles will be isolated from any surface drains and stored away from watercourses, unless otherwise agreed with the ECoW. Stockpiles will include appropriate bunding to minimise any pollution risks where required.

2.11.14                 The handling of stored material is kept to a minimum and appropriate drainage, pollution prevention and material stability measures are designed prior to the temporary deposition of the material, so that the material is maintained in a suitable condition for future use.

Peat Management Plan

2.11.15                 An outline Peat Management Plan has been produced in support of the Onshore EIA Report (see Volume 2 Appendix 11.2: Outline Peat Management Plan). The Peat Management Plan will be finalised prior to construction and provided in the detailed CEMP in Annex I).

2.12Archaeology

Minimum Requirements

2.12.1                    An ACoW will be appointed to prior to work commencing on site. The duration of role will be agreed with THC. The ACoW will be responsible for implementing the Archaeological Management Plan, which will be developed at MSC stage in agreement with THC and align with Planning Conditions.  A copy of the Archaeological Management Plan will be annexed to this CEMP.

2.12.2                   The ACoW will be a member of a relevant chartered professional institute with suitable experience.

2.12.3                   The ACoW will always inform the Employer’s Project Manager, Environmental Manager and Site Environmental Representative of areas of particular concern, and if any subsequent action requires notification of statutory consultees.

2.12.4                   The ACoW will be involved in the delivery of archaeology/heritage-related Toolbox Talks as part of the site induction process. All staff will know of the circumstances when the ACoW should be contacted, and the relevant phone numbers.

2.12.5                   The ACoW will liaise with the statutory consultees as required and agreed with the Employer in line with any THC requirements (if applicable).

2.12.6                   The ACoW will ensure known sites or features of archaeological and/or cultural heritage importance in proximity to working areas will be fenced off or marked out to avoid physical direct impacts to such a resource. An appropriate buffer zone will be implemented as far as practicable. Archaeological recording will be undertaken in advance of construction where avoidance of sites or features is not feasible. A Working Protocol will be implemented should unrecorded archaeological features be discovered. This will be secured through a Written Scheme of Investigation. it is anticipated that the THC archaeological advisor will provide guidance on appropriate planning conditions to be applied to the planning permission.

2.13Landscaping, Reinstatement and Restoration

Minimum Requirements

2.13.1                    The indicative Landscape Mitigation Plan provided in the EIA (Volume 1, Chapter 8: Landscape and Visual) will be developed during detailed design and the MSC stage additional details agreed with THC. The agreed Mitigation Plan will be incorporated into the CEMP.  The Principal Contractor will undertake works to deliver the landscape proposals of the Proposed Development.

2.13.2                   The Principal Contractor will undertake all reinstatement works associated with the Proposed Development. Reinstatement works are those undertaken during construction and aim to redress any damage inflicted on the landscape as part of the construction works.

2.13.3                   Where practicable, reinstatement and re-profiling of excavated materials will be undertaken as the work front progresses, or as soon as is practical following substantial completion of discrete works areas. Early reinstatement and re-profiling are encouraged to minimise visual impact, reduce requirements for temporary storage/stockpiling of soils and to promote reestablishment of vegetation as early as possible.

2.13.4                   Temporary drainage, not within permanent design/required for longer term drainage management of site infrastructure, can be retained to manage clean water runoff.

2.13.5                   All aspects of the Proposed Development incurring disturbance from the construction works shall be subject to reinstatement.

2.13.6                   Where feasible, to prevent erosion via scour from runoff and facilitate vegetation reestablishment, any down-slope embankments will be graded such that the slope are shallow-tapered and there is a gradual transition with the surrounding/existing ground profile. The Principal Contractor avoids the creation of steep, unvegetated slopes. Where these are entirely unavoidable, incorporates suitably designed erosion protection measures in consultation with the Geotechnical Engineer. The Principal Contractor avoids the introduction of any synthetic liners, unless deemed unavoidable from a safety or engineering integrity perspective.

2.13.7                   The Principal Contractor maintains comprehensive records of the location, depth and volumes of all materials used in reinstatement, including photographic evidence.

2.13.8                  Prior to completion, the Principal Contractor removes every piece of litter or waste and cleans the site to a state equivalent to which it was originally found, including the reinstatement of grassed areas where applicable and other natural vegetation, gates, fences, and other property affected by the temporary or permanent works.

2.13.9                  Any accidental damage or other construction effects are repaired and reinstated or restored by the Principal Contractor to the Employer’s satisfaction and in accordance with the Planning Permission and any agreements prior to taking over by the Employer.

Reinstatement and Restoration Plans

2.13.10               Where reseeding is required, the approach must be agreed with the ECoW and in compliance with the Habitat Management Plan.

2.13.11                 Where there are insufficient turves for top dressing, hydro-seeding may be an acceptable method of vegetation reinstatement. The Principal Contractor submits proposals for re-seeding, including seed mixes (as specified by the ECoW) and application methods, to the Employer and ECoW for acceptance. The Principal Contractor ensures that selection, approval, and procurement of seed mix is undertaken in a timely manner (e.g. in the summer prior to a seed application the following spring) so that that seed application is undertaken as early as feasibly possible following ECoW recommendation.

2.13.12                In areas disturbed by construction activities, the Principal Contractor is responsible for the success of the regeneration measures, including reinstatement, re-vegetation/hydro-seeding etc. post-construction. The Principal Contractor will prepare a Landscaping, Reinstatement and Restoration Plan and a copy will be included in Annex J.

Monitoring

2.13.13                Throughout the construction period the ECoW records the location of reinstatement undertaken.

2.13.14                Within 3 months of completion of works in any area, the ECoW inspects the Principal Contractor’s reinstatement efforts to determine satisfactory placement of sub-soil, topsoil, and turves. The ECoW makes recommendation to the Employer and Principal Contractor for additional effort, e.g. re-seeding.

2.13.15                The Principal Contractor undertakes remedial works if the ECoW determines that initial reinstatement is sub-standard or unlikely to deliver required vegetation establishment within at least one growing season. Furthermore, the ECoW records any areas where bare soil prevails and where preferential drainage pathways have been created or are likely to form post construction. The Principal Contractor will adequately protect these areas from scour and sediment mobilisation that could potentially overwhelm the permanent drainage. The Principal Contractor will design and implement appropriate protection measures if required.

2.13.16                The ECoW (or other qualified Employer’s representative) undertakes a final inspection of all reinstated areas at the end of the first growing season following completion of reinstatement. The Principal Contractor undertakes remedial works within the two-year defects period if the final inspection finds that the establishment of vegetation is not satisfactory. Examples of unsatisfactory vegetation establishment may include failed turfs due to poor reinstatement practices or drying out, slow or poor natural regeneration due to inadequate topsoil/subsoil resource, or injurious weeds are evident.

2.14Environmental Incident and Emergency Response

General Requirements

2.14.1                    The Principal Contractor prepares a detailed EIERP in line with SEPA’s Guidance for Pollution Prevention GPP21 and GPP22.  At the time of writing this is contained within Version 9.4 (July 2024) of The Water Environment (Controlled Activities) (Scotland) Regulations: A Practical Guide.

2.14.2                   A copy of the EIERP will be maintained in Annex K of the CEMP.

Records

2.14.3                   The Principal Contractor provides a 1-page Summary Sheet containing the key information for incidents response to be used as a quick reference for any on-site personnel witnessing an incident. A laminate copy of this Summary Sheet will be located with all plant/machinery/on-site vehicles.

2.14.4                  An EIERP (to be followed in the event of an environmental incident e.g. spillage) will be provided by the Contactor, in liaison with relevant stakeholders and will be provide to the Employer, according to the Contract provisions, prior to commencement of the site works.

2.14.5                   Key Information to be provided to the Project Manager and/or the ECoW within 30 minutes of an incident (irrespective of the scale/severity of the incident):

• E.g. What substance was spilled.
• Approximate volume and time of spillage.
• Accurate Location of spill (GPS or grid reference if possible, or bridge ID/number referenced on map etc).
• All measures taken.
• Help required i.e. manpower, machinery, expert advice, disposal, etc; and,
• Whether the spill has reached a watercourse.

Auditing

2.14.6                  Safety and Environmental Awareness Report (SEAR) is required to be completed for any potential or actual environmental incident or emergency which occurs or is noted on site. A template SEAR form will be developed with the Principal Contractor and included in this CEMP.

2.15Checklists

2.15.1                    The information listed in Table 2.1   Open ▸ will be provided by the Principal Contractor to the Employer according to the provisions of the contract, as indicated.

 

 

 

2.15.2                   Note: The above list only relates to the requirements of this outline CEMP. As part of the Contract, other information provisions will be required from the relevant Contractor(s).