Ein cyf/our ref: Eich cyf/your ref: Ladywell House Park Street Newtown Powys SY16 1RD FAO Claire Hughes Jones Banks Solutions 21 Glendale Close Horsham West Sussex RH12 4GR Ebost/Email: carol.fielding@cyfoethnaturiolcymru.gov.uk Ffôn/Phone: 01686 613402 28 March 2014 Dear Sir, Powys (Mid Wales) Conjoined Windfarm Inquiry Llanbrynmair Windfarm Supplementary Environmental Information February 2014 1. This letter is Natural Resources Wales response to the additional Llanbrynmair Windfarm Supplementary Environmental Information (SEI) submitted by RES in February 2014. The proposed Llanbrynmair windfarm is one of the projects being considered at the Mid Wales (Powys) Conjoined Windfarm Public Inquiry. 2. The SEI is divided into two parts which provide an assessment of the impacts of two access route options as follows: The Llanerfyl to Talerddig access route as proposed in previous SEIs; A shared access route with the adjacent Carnedd Wen windfarm including the provision of two link roads between the two windfarms. 3. NRW has objected to the Llanerfyl to Talerddig access route for the proposed Llanbrynmair windfarm with regard to landscape, bats and dormice. Our evidence on these matters is contained in the Session 2 proofs and rebuttal proofs of Mr John Campion, Ms Jean Matthews and Dr Elisabeth Halliwell. NRW s response to Part 1 of the SEI 4. Part 1 of the SEI provides information previously submitted in the SEI August 2013 and Bat SEI October 2013 and some additional information. We note that this new Tŷ Cambria 29 Heol Casnewydd Caerdydd CF24 0TP Cambria House 29 Newport Road Cardiff CF24 0TP Croesewir gohebiaeth yn y Gymraeg a r Saesneg Correspondence welcomed in Welsh and English
information has been submitted after the deadline for consideration of Session 2 evidence and with no prior discussion with NRW that this material was to be submitted. Dormouse 5. The SEI reiterates the information provided in the SEI August 2013 with regard to dormouse. As noted in PCC s letter of 13 March 2014 it has not taken account of information previously provided by NRW on factual errors in this August 2013 SEI. We do not agree with the statement in section 2.5.15 that no further dormouse survey is required. 6. The SEI does not change our position with regards to dormouse as set out in the proof and rebuttal proof of Dr Elizabeth Halliwell for session 3. NRW s concerns were further discussed at the hearing session on 3 December 2013. It remains NRW s position that the dormouse survey effort has been insufficient, in scope or approach, to demonstrate the likely absence of dormice from affected areas. It has also not been demonstrated that the proposals will not result in any likely detriment to the maintenance of the favourable conservation status of this European Protected Species, and is therefore contrary to national planning policy as set out in EN-1, Planning Policy Wales and TAN 5. Bats 7. With regard to bats further information has been provided in the SEI which collates information provided after the Bat SEI October 2013. Some of our concerns as outlined in Jean Mathews proof and rebuttal proof have now been resolved and NRW is progressing the signing of a SOCG with RES with regard to bats. Other matters 8. Comments on other matters reported in the Part 1 of the SEI are in Annex 1. We note that the SEI provides information on the presence of blanket bog and deep peat on the route of the Neinthirion by-pass and that use of the alternative access route would avoid this impact. NRW s response to Part 2 of the SEI 9. Our understanding is that RES is formally proposing an alternative access route for the Llanbrynmair windfarm in the form of a shared Carnedd Wen windfarm access route with an additional southern and northern link road between the two www.cyfoethnaturiolcymru.gov.uk Page 2 of 7
windfarms. The SEI has assessed the impacts of the additional 1.3km of link roads but has not assessed that part of the shared access route which has already been proposed as part of the Carnedd Wen windfarm application. 10. NRW has requested consideration of a shared access route for the Carnedd Wen and Llanbrynmair windfarms in consultation responses to DECC on the Carnedd Wen and Llanbrynmair windfarms dated 20 January 2010, 16 February 2012 (CON-003-OSOC-4- APP) and 12 October 2012 (CON-003-OSOC-5-APP). We therefore welcome the proposal by RES to provide this alternative access route. 11. NRW has no outstanding concerns with regard to the Carnedd Wen access route subject to the provision of conditions to ensure that the landscape and ecological impacts of the access road are minimised throughout the life time of the project. NRW has agreed with RWE that this would include the provision of mitigation measures in a forestry management plan and habitat management plan. 12. In a no Carnedd Wen scenario we therefore consider that similar conditions could be applied to minimise landscape and ecological impacts of that part of the Llanbrynmair AIL route within the Carnedd Wen site. Landscape 13. NRW considers the two additional link roads would not give rise to unacceptable landscape effects if the Carnedd Wen and/or Llanbrynmair windfarms were to be consented. This is within the context of the 25km of access roads and 30 turbines proposed for the Llanbrynmair windfarm. 14. The two link roads would be in locations where topography and retained forestry would minimise the potential for the roads to be visible from adjacent valleys and higher ground. The southern link road would potentially be visible from the Glyndwr s Way National Trail but again this would be within the context of the other windfarm infrastructure. NRW considers that the landscape impacts would be reduced with the use of the alternative access as opposed to the Llanerfyl to Site Entrance 4 route. Ecology 15. RES have completed habitat and relevant protected species surveys in January 2014 in the area of the two link roads. www.cyfoethnaturiolcymru.gov.uk Page 3 of 7
16. No signs were found of otter, water vole and badger at the sites of the proposed link roads. NRW considers no further migration measures for the construction phase would be required beyond those already proposed for the wider windfarm site. A Construction Environmental Management Plan could allow for pre-construction surveys and mitigation measures for species if recorded. 17. Habitat surveys have been provided in the area of the two proposed link roads demonstrating a mixture of peatland and grassland habitats. We consider that there is the potential to site the roads to minimise effects on peatland habitats and hydrological flows. This should include careful routing through less sensitive grassland habitats. This could be achieved by applying the already proposed mitigation measures such as micrositing protocols. Hydrology 18. The alternative access route would require a new water crossing for the northern link road near to turbine 27. However the use of the alternative route would remove the need for three of the 22 proposed on-site water crossings. It would also remove the need for a number of amendments to more substantial water crossings on the Llanerfyl Site Entrance 4 route including the amendments to the Gosen bridge. Potential impacts on watercourses would therefore be reduced with the proposed alternative access and by a greater magnitude than that highlighted in the SEI. 19. We agree with the SEI that no further mitigation proposals would be required for the alternative access route with regard to hydrology beyond those already proposed in the SEI and agreed between NRW and RES. Carbon Calculator 20. NRW has reviewed the revised carbon calculator for the alternative access proposal. As a result of the alternative access proposal there is expected to be an approximate 5% reduction in carbon emissions from peat. The gains from a reduction in the length of access roads required has been offset to some extent by other changes such as the average peat depth increasing for access roads. 21. It therefore remains the case that the carbon to be gained or sequestered from the proposed habitat management scheme will be sufficient to offset the emissions from peat as a result of the scheme. Maintaining this carbon gain will be dependent on conditions to ensure the effective delivery of the habitat management proposals. www.cyfoethnaturiolcymru.gov.uk Page 4 of 7
Conclusion 22. NRW agrees that the two link roads required for the alternative access route would have minimal impacts on landscape, hydrology, peat, habitats, protected species and carbon. Given our outstanding concerns regarding the impacts of the original proposed access road we are therefore supportive of this alternative access route. Yours sincerely Dr Carol Fielding Team Leader Montgomeryshire www.cyfoethnaturiolcymru.gov.uk Page 5 of 7
Annex 1: Detailed comments on SEI March 214 Part 1 of the SEI 1. We note the further detail provided in this SEI with regard to the 2010 and 2013 otter surveys and that further undated surveys have now recorded otter on the access route. The SEI states the need for pre-construction surveys and potentially also for a European Protected Species Licence. The SEI does not consider impacts from disturbance to otters from dark hour working especially at Gosen bridge. 2. We welcome the intention to undertake updated badger surveys prior to the commencement of development. This intention should be included in a suitably worded planning condition. 3. NRW welcomes the revised habitat surveys at the Neinthirion bypass and the acknowledgement that blanket bog will be impacted at this location. We note from figure 2 that deep peat will also be impacted along the route of the road. The SEI does not provide a clear assessment of the footprint of the road layout in relation to the peatland. As previously requested by NRW we consider that efforts should be made to microsite or move the bypass route off this priority BAP habitat. Part 2 of the SEI 4. There is a stand of Biodiversity Action Plan (BAP) habitat M24 Molinia caerulea Cirsium dissectum fen meadow and a population of the regionally scarce Selaginella selaginoides in the vicinity of turbine 27. Care will be needed in the siting of infrastructure including the link road to ensure that the natural hydrology of this small area is unaffected and there are no adverse impacts on flows of base-enriched water feeding both of these features. 5. The micro-siting allowance for turbine 27 does allow positioning of the turbine base close to and directly impacting on the area of relatively high quality bog and deep peat that lies immediately to the south of it. NRW recommends this turbine is micrositing as far north as possible to avoid any impacts here. 6. Part of the M18 blanket bog habitat mapped by Ecology Matters near the southern link road is high quality M20b Sphagnum papillosum variant with affinities to M18a and presumably derived from that community by over-grazing. Care should be taken Tŷ Cambria 29 Heol Casnewydd Caerdydd CF24 0TP Cambria House 29 Newport Road Cardiff CF24 0TP Croesewir gohebiaeth yn y Gymraeg a r Saesneg Correspondence welcomed in Welsh and English
END to avoid impacting directly on this stand of vegetation and confine the track to the drier U6 grassland on shallower peat. There are drains which have been inserted in the bog that draw water away down slope from the deep peat area, which if blocked during the construction of the road could aid the re-wetting of this habitat. www.cyfoethnaturiolcymru.gov.uk Page 7 of 7