New Forest - Sembcorp Bournemouth Water

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9.8.4 All bats and their roostsThese are European protected species and are protected againstintentionally, recklessly or deliberately killing, injuring or taking(capture etc), possession, disturbance, damage,destruction orobstruction of breeding, resting and sheltering places, includingbat roosts and known hibernacula – if bats are present or not,sale, barter, exchange, transporting for sale and advertising tosell or to buy. (See Appendix E for detailed guidance).management and other works to avoid killing, injuring ordisturbance to protected species is crucial.Essential maintenance operations which are likely to causedisturbance or worse must be planned and designed withspecies protection properly integrated and costed. As a minimumthis will involve careful preliminary searches of known reptilesites by experienced and appropriately licensed specialists.Where works cannot proceed without disturbance then specialmeasures must be put in place to accommodate the speciesinterests. This will be subject to individual design plans involvingfull consultation and approval with Natural England.Daubenton’s bat (Myotis daubentoni)9.8.5 BadgersBadgers are protected under separate legislation (Protection ofBadgers Act 1992) against wilful killing, injuring, taking (captureetc), possession and to cruelly ill-treat or attempt to do so andto intentionally or recklessly interfere with, damage, destroy orobstruct access to a sett and disturb badgers whilst they areoccupying a sett.badger (Meles meles)9.8.6 ExceptionsAn important defence to any prosecution that might be broughtis the exception that where the killing, injuring or taking,disturbance and destruction of breeding, resting and shelteringplaces, has occurred inadvertently as an incidental result ofa lawful operation by an authorised person (ie the owner oroccupier or any person authorised by the owner or occupier),no offence has been committed. All recognised forest andheathland management operations are lawful and althoughthese can be carried out at times of year when reptiles (inparticular) are vulnerable, the spirit of the Act is clear – theneedless and deliberate destruction of protected species isunacceptable and the onus is on the operator to carry outoperations in a reasonably sensitive way. Planning of habitat10. IssuesThe New Forest is of international importance for natureconservation and its protection and management is subject tonational and European legislation.■ Sembcorp Bournemouth Water’s key objective with regard tothe environment is to minimise the impact of the network onboth the natural and built environment.■ Agreed procedures should be developed between allparties to protect and enhance biodiversity and the natureconservation interest while improving, maintaining andoperating the network.■ Management plans for all Sembcorp Bournemouth Waterlandholdings within the New Forest have been developed tomaximise biodiversity and protect and enhance habitat.11. Protocol agreement for planned works withinsensitive areasThis section lays out the tasks undertaken by SembcorpBournemouth Water and its contractors on a routine orprogrammed basis. The protocol agreement for planned worksapplies to Sembcorp Bournemouth Water direct labour, termcontractor and any operative working on behalf of SembcorpBournemouth Water.Consideration during the planning process should be made tothe following:■ All bat species and their roosts are fully protected in Britain,advice regarding bats and trees through Natural England’sguidance note should be taken (Appendix E). Please notethat if bats or evidence of bats are found at anytime then allworks must stop immediately and Natural England contactedfor further guidance.■ All British birds, their nests and eggs are protected in law.To reduce the likelihood of harm to breeding birds, clearanceof trees and areas of scrub should avoid the bird breedingseason, contact Natural England for further guidance.■ Protected species likely to be found within sensitive arease.g. reptiles contact Natural England for further guidance.In all cases the location and route of the proposed works willbe assessed to avoid unnecessary impact within any designatedsensitive area and the immediate area surrounding the site.8 New Forest – Guidelines for maintenance operations within sensitive areas
If the proposed works fall within a sensitive area, SembcorpBournemouth Water will refer to the protocols set out in theoperation activity and notification guide (Appendix I), andwill make contact as early as possible with Natural Englandif required, followed by the landowner and any other partiesthat Natural England subsequently feels should be informed. Alocation plan and confirmation of the extent of proposed works,incorporating dates, duration and materials will be submitted toNatural England for information and their records.Natural England should make known any exceptionalconditions or detailed site specific advice which is notcovered within the general methodology for pipe layingwithin sensitive areas. A site meeting will be organised ifrequired by Natural England and any other relevant parties.Alternative pipe laying options (no dig technology) mayneed to be considered for site specific locations in orderto minimise any disturbance of the ground surface and itsvegetation.11.1 Pipe and cable layingThe purpose of this method of working statement is to informall 28G authorities, owner/occupiers and their contractors of thecare that must be taken when carrying out operation or workson SSSI, SPA, SAC and Ramsar sites in view of their ecologicalimportance and their national and international protection.Excavation and reinstatement■ All materials excavated shall be carefully lifted and storedseparately in the correct order according to turf/vegetation,topsoil and subsoil.■ All materials are to be stored on Terram or similar sheetingto protect the vegetation and ground underneath andprevent it from drying out.■ Excavated material is not to be placed in adjacent ditchesor on adjacent banks (note: these are particularly importantecologically and must not be disturbed).■ In digging any trench in a road or track, excavated materialwill be contained within the boundary of the track at alltimes and not be permitted to spill onto the vegetationeither side.■ Care should be taken when excavating within or underany tree canopy adhering to National Joint Utilities Group(NJUG) guideline no.10 (available from the NetworkMaintenance dept). Excavations within or under the canopyof trees shall be made using handtools only. Care should betaken to ensure that tree roots are not cut or injured.■ All excavations will be barriered and suitably guarded duringthe pipe laying works and when left unattended to protectcommoners’ stock and members of the public from injury.■ All materials excavated shall be returned to the positionfrom which it was taken in the correct order and restored toits original profile.■ Any excavation is to be thoroughly compacted onreinstatement to minimise settlement. Any defects apparent2 years after the excavated materials were replaced willbe repaired and made good by the 28G authority or theircontractors.■ Vegetated turf to be reinstated and allowed to recovernaturally■ Any seeding required will be in accordance with NaturalEngland and the land owner. If re-seeding of disturbed landis to be carried out a locally sourced grass seed mixture thatis locally agreed/approved shall be used.11.2 Protocol agreement for planned works within sensitiveareas■ A full schedule of the condition of the working area beforeworks begin will be made, this may consist of (any or allof) photographs, written notes and video footage and willbe kept on file for future reference. A further schedule ofthe area will be made three months from completion of theworks.■ Sembcorp Bournemouth Water will carry out operations insuch a way and at such a time as to minimise the damageas reasonably practical to the sensitive area. This will includerestricting vehicle movements within the sensitive area. Staffand contractors must be informed of the need to keep trafficmovements to a minimum.■ Only emergency work will be undertaken within the sensitivearea when the ground is waterlogged and no unnecessaryvehicles are to be used.■ Machinery will be confined to the barriered area along theroute of the proposed works.■ Any fuel/diesel required will be stored securely and correctlybunded in the event of it being required long term.■ Storage of materials will be within a protected/barrieredarea or kept offsite. Any materials or equipment placedon the land temporarily shall be kept in a neat and tidycondition and safe to any stock or wild animals.v All pipe left unattended will be capped to ensure theintegrity and security of the fitting and maintain thesafekeeping of the sensitive area.■ All manhole covers or other accessories installed shall bepositioned so as not to stand proud of or above the naturallevel of the adjacent or surrounding land.■ All mechanical equipment will be in good working order andfree from any oil/hydraulic leaks.■ Guidelines for working near or across watercourses/streamsshould be followed to avoid contamination during the works(see Appendix F). Advice and consent should be obtainedfrom the Environment Agency.■ All ditches or streams will be crossed by laying the pipe ata minimum depth of one metre beneath the ditch bed andoverlaying with concrete.■ Upon completion of the works to leave the land in thecondition originally found. Any barriers, dragon’s teeth or carfree area ditching that is removed or disturbed during thecourse of the works shall be reinstated and made good.New Forest – Guidelines for maintenance operations within sensitive areas 9
Page 4 and 5: 2. Introduction and scopeSembcorp B
Page 8 and 9: As a matter of policy, Ramsar sites
Page 13 and 14: AppendicespageAppendix A: SSSI cita
Page 15 and 16: a humid microclimate which, in the
Page 17 and 18: species, such as the New Forest Cic
Page 19 and 20: ■ Old acidophilous oak woods with
Page 21 and 22: Wintering: Hen HarrierIt also quali
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Page 25 and 26: Appendix G: Process water with use
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New Forest - Sembcorp Bournemouth Water

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