Biodiversity

Introduction

This chapter describes the methodology followed and potential impacts identified for the biodiversity assessment of the A75 Springholm and Crocketford Improvements (hereafter referred to as “the proposed scheme”). This assessment has been undertaken with reference to Design Manual for Roads and Bridges (DMRB) LA 108 - Biodiversity (revision 1) and DMRB LD 118 - Biodiversity design (revision 0) (hereafter referred to as “DMRB LA 108” and “DMRB LD 118” respectively) and other relevant standards and guidance set out within this chapter.

Legislative and Policy Framework

This section provides a summary of the international and national legislation relevant to this biodiversity assessment.

International Legislation

The following international legislation is relevant to this biodiversity assessment.

The Convention on Biological Diversity (CBD)

The CBD was adopted in 1992 at the international Conference on Environment and Development (the ‘Earth Summit’) and entered into force in 1993. The CBD is an international and legally binding treaty that commits signatories to three main goals of: conserving biodiversity; sustainable use of biodiversity; and the fair and equitable sharing of the benefits arising from the use of genetic resources.

The Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention or CMS)

The CMS was adopted in 1979 and entered into force in 1983. The CMS is an international and environmental treaty of the United Nations, and acts as a framework Convention to conserve and protect migratory species, their habitats, and their migration routes, notably those that cross international borders.

The UK ratified the CMS in 1985 and established protection of Appendix I species in the Wildlife and Countryside Act 1981 (as amended).

The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention)

The Bern Convention was adopted in 1979 and entered into force in 1982. The Bern Convention is an international and legally binding treaty that aims to conserve and protect wild plant and animal species and their natural habitats, to increase cooperation between parties, and to regulate exploitation of migratory species.

The UK ratified the Bern Convention in 1982 and transposed the obligations into UK law through the Wildlife and Countryside Act 1981 (as amended) and, in Scotland, the Nature Conservation (Scotland) Act 2004 (as amended).

The Convention on Wetlands of International Importance especially as Waterfowl Habitat (the Ramsar Convention)

The Ramsar Convention was adopted in Ramsar, Iran (1971), and entered into force in 1975. The Ramsar Convention is an international treaty that provides the mechanism for protecting wetland sites of global importance through their designation as wetlands of international importance or Ramsar sites. The UK ratified the Ramsar Convention and designated its first Ramsar sites in 1976.

The Habitats Directive (92/43/EEC)

The EU Directive (92/43/EEC) on the conservation of natural habitats and of wild fauna and flora (Habitats Directive) was adopted in 1992 and is the means by which the European Community (EC) would meet its obligations as a signatory of the Bern Convention. The Directive introduces a range of measures including the protection and surveillance of habitats and species. The habitats listed in Annex I of the Directive, and the species listed in Annex II, are to be protected by means of a network of sites. These are designated by EU Member States as Special Areas of Conservation (SACs) and, along with Special Protection Areas (SPAs) classified under the Birds Directive after 1994, form a network of protected areas known as Natura 2000 (now referred to in Scotland as European Sites and in England and Wales as National Site Network sites).

Water Framework Directive (2000/60/EC)

The Water Framework Directive (WFD) is an EU directive to establish a framework for the protection of all waterbodies. The main aims are to: prevent deterioration and enhance status of aquatic ecosystems, including groundwater; promote sustainable water use; reduce pollution; and contribute to the mitigation of floods and droughts. Under the WFD, Scotland comprises one singular River Basin District (RBD) (the Scotland RBD) and shares the Solway-Tweed RBD with England.

National Legislation

The following national legislation is relevant to this biodiversity assessment.

The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended in Scotland) (the Habitats Regulations)

The UK was a Member State of the EU when this legislation was formalised. Following the UK’s withdrawal from the EU, this legislation has now been transferred into domestic ‘retained EU law’. The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended in Scotland) (the Habitats Regulations) transpose the EC Habitats Directive into national law.

The Habitats Regulations cover the requirements for:

Protecting sites that are internationally important for threatened habitats and species (European sites) via Habitats Regulations Appraisal (HRA).
A legal framework for species requiring strict protection (European protected species).

Under the Regulations it is an offence (subject to exceptions) to deliberately capture, kill, disturb, or trade in the animals listed in Schedule 2 of the Regulations; or to pick, collect, cut, uproot, destroy, or trade the plants listed in Schedule 4. These actions can, however, be made lawful through the granting of licences by the appropriate authorities.

The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019

The Habitats Regulations remain in place post 31 December 2020 with only minor changes being introduced by the Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019. The Regulations extend to Scotland only.

The Wildlife and Countryside Act 1981 (as amended in Scotland)

The 1981 Act applies to the terrestrial environment and inshore waters. Part 1 of the Act details a large number of offences in relation to the killing and taking of wild birds, other animals and plants. The Act also governs provision of site protection measures under the statutory designation of Sites of Special Scientific Interest (SSSIs).

Protection of Badgers Act 1992 (as amended for Scotland)

The Protection of Badgers Act 1992, as amended by the Wildlife and Natural Environment (Scotland) Act 2011, protects badgers and their setts. Offences under the Act include: wilfully taking, injuring or killing a badger; cruelty to a badger; intentional or reckless interference with a badger sett; sale or possession of a badger; and marking or ringing of a badger. Interference with a badger sett includes: damaging or destroying a sett or any part of it; obstructing access to a sett; disturbing a badger while it is in a sett; causing or allowing a dog to enter a badger sett.

The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 protects both Atlantic salmon and sea trout, the seaward migrating life form of brown trout. This Act makes it an offence to knowingly injure, disturb, destroy, buy or sell Atlantic salmon eggs, smolt, fry, parr or alevin; and obstruct the migratory passage of any life stage of Atlantic salmon or sea trout individuals.

Nature Conservation (Scotland) Act 2004

This Act places duties on public bodies in relation to the conservation of biodiversity. It also amends and strengthens existing nature conservation legislation and increases protection for SSSIs.

In addition, the Act places a duty on every public body to further the conservation of biodiversity and requires Scottish Ministers to designate one or more strategies for the conservation of biodiversity, such as the Scottish Biodiversity Strategy. It also requires Scottish Ministers to publish a list of habitats and species considered to be of principal importance for biodiversity: the Scottish Biodiversity List (SBL).

The Freshwater Fish Conservation (Prohibition on Fishing for Eels) (Scotland) Regulations 2008

As mentioned above, under the WFD, Scotland comprises one singular RBD (the Scotland RBD) and shares the Solway-Tweed RBD with England. An Eel Management Plan was created for Scotland in 2010.

Eel protection measures are enshrined in Scots law by the Freshwater Fish Conservation (Prohibition on Fishing for Eels) (Scotland) Regulations 2008.

Wildlife and Natural Environment (Scotland) Act 2011

The Wildlife and Natural Environment (Scotland) Act 2011 (referred to as the WANE Act) amended wildlife laws in Scotland, including the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992. It primarily covers management for game species, but also provides a mechanism for the management of non-native species (NNS). The WANE Act expanded the Biodiversity Duty placed on public bodies by the Nature Conservation (Scotland) Act 2004 by introducing a requirement for all public bodies to report on their compliance with the Biodiversity Duty.

National Policy

National Planning Framework 4

The Scottish Government published the National Planning Framework 4 (hereafter referred to as “NPF4”) in February 2023 and updated in October 2024. The NPF4 was published with the Scottish Government’s intention to tackle the current ‘climate emergency’ and ‘biodiversity crisis’. To achieve this the Scottish Government have stated that ‘our approach to planning and development will play a critical role in supporting nature restoration and recovery’. NPF4 considers that ‘Scotland’s future places will be net zero, nature-positive places that are designed to reduce emissions and adapt to the impacts of climate change, whilst protecting, recovering and restoring our environment’.

The national spatial strategy will support the planning and delivery of:

Sustainable places, where we reduce emissions, restore and better connect biodiversity.
Liveable places, where we can all live better, healthier lives.
Productive places where we have a greener, fairer and more inclusive wellbeing economy.

NPF4 has a number of policies associated with improving biodiversity and helping to secure positive effects for biodiversity; policies of relevance include:

Policy 1 Tackling the climate and nature crises – states that ‘when considering all development proposals significant weight will be given to the global climate and nature crises’. Any future development plans will have to address these crises by promoting nature recovery and restoration in the area resulting in zero carbon and nature positive places.
Policy 3 Biodiversity – ensures that developments will secure positive effects for biodiversity. The policy states developments ‘will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them’. It further states that ‘development proposals for national or major development, or for development that requires an Environmental Impact Assessment will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention’.

Adverse impacts, including cumulative impacts of developments on biodiversity, nature networks and the natural environment will be minimised. Policy 3 seeks to tackle biodiversity and address Policy 1 through reversal of biodiversity loss, safeguard ecosystem services and build resilience.

Policy 4 Natural places – outlines requirements for development proposals to identify, protect and lessen impacts on protected species, habitats and sites. Policy 4 states that ‘The planning system should protect, restore and enhance [Scotland’s] natural assets; make best use of nature-based solutions’. The policy aims to protect and restore natural places and that natural assets are managed in a sustainable way that maintains and grows their essential benefits and services. Enhancing or restoring these natural places is one area that a development could secure positive effects on biodiversity.
Policy 6 Forestry, woodland and trees – aims to protect and expand forests, woodland and trees. It states that ‘area of existing woodland or land identified as being suitable for woodland creation (under the Forestry and Woodland Strategy) (FWS), as being suitable for woodland creation will only be supported where the enhancement and improvement of woodlands and the planting of new trees on the site […] are integrated into the design’. Developments should seek to enhance, expand and improve woodland and tree cover, which could contribute to positive effects on biodiversity.

Scottish Biodiversity Strategy and Scottish Biodiversity List

The Scottish Biodiversity Strategy to 2045 (hereafter referred to as ”SBS”) published in 2024 sets out a clear strategy for Scotland to be Nature Positive by 2030, and to have restored and regenerated biodiversity across the country by 2045. This commitment to protect at least 30% of our land and sea for nature by 2030 (30x30 Target) is included together with the development of Nature Networks. This 30x30 commitment aligns with Target 3 of the CBD.

The SBS identifies six objectives which shaped the development of actions and are contained within the Scottish Biodiversity Delivery plan 2024 to 2030 as Priority Actions. These are:

Accelerate ecosystem restoration and regeneration.
Protect nature on land and at sea, across and beyond protected areas.
Embed Nature Positive farming, fishing and forestry.
Protect and support the recovery of vulnerable and important species and habitats.
Invest in nature.
Take action on the indirect drivers of biodiversity loss.

The Scottish Biodiversity List (SBL) is the statutory list of animals, plants and habitats considered by the Scottish Ministers to be most important for biodiversity conservation in Scotland. The publication of the SBL satisfies the requirements of the Nature Conservation (Scotland) Act 2004, which places a duty on public bodies to further the conservation of biodiversity. This list is in the process of being updated to align with the new SBS.

Local Policy and Plans

Local Biodiversity Action Plan

The Dumfries and Galloway Local Biodiversity Action Plan (LBAP) has six overall aims and nine central objectives. The overall aims are:

AIM 1: Biodiversity conserved and re-created at the landscape and seascape scale.
AIM 2: Genetic diversity conserved.
AIM 3: Biodiversity incorporated into all relevant decision-making.
AIM 4: Biodiversity awareness, understanding and engagement improved.
AIM 5: Natural processes allowed to operate wherever practicable.
AIM 6: Local distinctiveness enhanced.

The central objectives are:

Objective 1: Ensure no net loss of priority habitats and species during the lifetime of the plan.
Objective 2: Ensure that more data relating to Dumfries and Galloway is collected, collated and made available, to assist in the promotion, enjoyment, understanding and enhancement of biodiversity.
Objective 3: Maintain and enhance a network of designated biodiversity sites.
Objective 4: Recognise the value of ancient habitats.
Objective 5: Minimise the impact of non-native species on biodiversity.
Objective 6: Reintroduce or translocate species in Dumfries and Galloway where appropriate.
Objective 7: Increase wildlife tourism in Dumfries and Galloway.
Objective 8: Highlight the geological diversity of Dumfries and Galloway, and its close relationship to biodiversity.
Objective 9: Biodiversity incorporated into relevant strategies in Dumfries and Galloway.

The LBAP also lists priority habitats where actions have been identified. The priority habitat types which may be of relevance to the proposed scheme are grouped into categories and listed in the sub-sections below.

River and Lochs

Lowland Rivers and Backwaters, Lowland Burns and Ditches, Eutrophic Lochs and Mesotrophic Lochs.

Wetlands

Swamps, Reedbeds, Marshes and Fens.

Grassland and Fields

Neutral Grasslands, Agriculturally Improved Grasslands, Arable Fields and Traditional Field Boundaries.

Woodlands and trees

Native Woods, Native Ash Woods, Native Wet Woods, Native Oak Woods, Native Birch Woods, Veteran Trees, Conifer Plantations, Broadleaved and Mixed Plantations.

Other

Roads and Verges

In addition to the priority habitat types listed above, the LBAP also lists a large number of priority species across a wide range of plants and animals.

Assessment Methodology

The following section describes the methodology for the assessment that has been undertaken at DMRB Stage 1. The assessment of the improvement strategies on biodiversity has been completed with reference to the assessment methodology set out in DMRB LA 108 and LD 118. In addition to DMRB guidance, other policy documents and published guidance considered in the preparation of this chapter include good practice guidance for ecological assessment, including the Guidelines for Ecological Impact Assessment (EcIA) in the United Kingdom.

Data Sources

A desktop review was undertaken to review any existing relevant literature and to identify any statutory and non-statutory designated sites of nature conservation interest that may be of relevance, and to obtain information on the occurrence of protected species and/or species of conservation interest. In addition, information on the quality (condition assessment) of watercourses was collated for locations within the study area.

Information for the desktop review was obtained from the following online resources:

NatureScot SiteLink
National Biodiversity Network Atlas (OGL, CCO and CC-BY licences only) (hereafter referred to as “NBN Atlas”)
SEPA River Basin Management Plan for Scotland (2021-2027) (hereafter referred to as the “RBMP”)
Fishbrain Map

Study Area

The study area comprises the area within the six improvement strategies as well as covering locations where there is a potential for impacts to occur. For nationally statutory designated sites (for example SSSIs) and the NBN Atlas species search, a 2km buffer from the DMRB Stage 1 Assessment Corridor was deemed sufficient. The study area is shown in Figure 8-1. For European and Ramsar sites, for which there is no limit for an impact assessment, the nearest sites to the improvement strategies were identified.

Assumptions and Limitations

This chapter presents a preliminary ecological assessment of the improvement strategies for the proposed scheme. This has been based on desktop review of publicly available resources only. No field surveys have been undertaken to inform this assessment. Field surveys will be required in future to confirm ecological features and inform design and construction, as described in the Proposed Scope of Future Assessment section of this chapter.

Data supplied by the NBN provides useful baseline information on the species that have been recorded within a local area. This data often includes surveys undertaken by third parties on an ‘ad hoc’ basis; and often data may not be available on NBN for up to one year after surveys are undertaken. Absence of species records therefore cannot indicate absence of that species from an area. Additionally, some data (such as those uploaded with a CC BY-NC licence) cannot be used for commercial purposes, therefore some records are excluded from this report.

An assessment of the level of effect (minor, moderate, major) has not been provided at this stage due to the early stage of improvement strategy optioneering and the lack of improvement strategy-specific species information. However, some initial guidance is provided in the Assessment of Likely Significant Effects section of this chapter.

Baseline Conditions

Designated Sites

The following sub-sections, Figure 8-1 and Figure 8-2 identify statutory and non-statutory designated sites in the vicinity of the proposed scheme. Data sources include the MAGIC Map Application and NatureScot SiteLink .

Special Protection Areas (SPAs)

Two SPAs are located within the study area:

Loch Ken and River Dee Marshes SPA lies 2.5km south-west of the DMRB Stage 1 Assessment Corridor.
Solway Firth SPA lies 7.8km south-east of the DMRB Stage 1 Assessment Corridor.

Special Areas of Conservation (SACs)

Two SPAs are located within the study area:

Solway Mosses North SAC lies 7.2km south-east of the DMRB Stage 1 Assessment Corridor.
Solway Firth SAC lies 7.8km south-east of the DMRB Stage 1 Assessment Corridor.

Ramsar Sites

Two Ramsar sites are located within the study area:

Loch Ken and River Dee Marshes Ramsar site lies 2.5km south-west of the DMRB Stage 1 Assessment Corridor.
Solway Firth Ramsar site lies 7.8km south-east of the DMRB Stage 1 Assessment Corridor.

Sites of Special Scientific Interest (SSSIs)

Two SSSI are located within the study area:

Milton Loch SSSI lies within the study area. Designated as a eutrophic loch and for its beetle assemblage. Milton Loch lies partially within Improvement Strategy 5 and 0.9km north-west of Improvement Strategy 6.
Torrs Moss SSSI lies within the study area, 2km south of the DMRB Stage 1 Assessment Corridor. Designated as a basin fen.

National Nature Reserves (NNR)

None identified within the study area or within 500m of the DMRB Stage 1 Assessment Corridor. Caerlaverock NNR stretches along the north coast of the Solway Firth, 12.1km south-east of the DMRB Stage 1 Assessment Corridor.

Local Nature Reserves

None identified within the study area or within 500m of the DMRB Stage 1 Assessment Corridor.

Ancient Woodland Inventory (AWI)

There are numerous scattered areas of AWI habitats, located within the study area. The majority of these AWI habitats are of plantation origin with some semi-natural. The proposed scheme could impact some of these AWI habitats.

Local Nature Conservation Sites

Two sites are located within the study area:

Lochrutton Loch Local Wildlife Site (LWS), 0.5km south-east of Improvement Strategy 6.
Merkland Moss LWS, 0.8km south-east of Improvement Strategy 6.

Habitats

Notable habitats within the study area are outlined in the sub-sections below, data sources include the MAGIC Map Application , Fishbrain Map and UK Lakes Portal . AWI and woodland recorded in the Native Woodland Survey of Scotland (NWSS) on the Scottish Forestry Map Viewer are displayed on Figure 8-2. Watercourses within the study area, as listed on the RBMP, are presented in Table 8-1.

Native Woodland (as listed in the NWSS)

Native woodland, and Nearly-native woodland of various types including Wet woodland, Upland birchwood, Upland mixed ashwood and Lowland mixed deciduous woodland

Groundwater Dependent Terrestrial Ecosystems (GWDTE)

GWDTEs are defined as wetlands which critically depend on groundwater flows or chemistry.

GWDTE may be present in the area surrounding the Milton Loch SSSI, as the SSSI citation states ‘The site also contains a number of wetland habitats including willow carr of grey willow (Salix cinerea and sallow Salix caprea). The marsh area contains globeflower Trollius europaeus’.

No other areas of GWDTE have been identified at this stage. However, as outlined in the Geology, Soils and Groundwater Chapter of this EAR, a full assessment of GWDTE has not been undertaken and the current results rely on an initial desk-based screening assessment. Field surveys will be conducted during later assessment stages, if required.

Watercourses

Watercourses across the study area are classified by SEPA as either Good or Moderate. All watercourses discharge into the Solway Firth either via the River Nith or the Urr Water.

Freshwater Lochs

Auchenreoch Loch is a small (32ha) freshwater loch located within the study area, adjacent to the existing A75 and is generally shallow with low alkalinity. A total of108 taxa including insects, molluscs and spiders have been reported. The loch also supports northern pike (Esox lucius), European perch (Perca fluviatilis) and brown trout (Salmo trutta).

Milton Loch is a large (58ha) freshwater loch located to the east of Improvement Strategies 1 – 5, and west of Improvement Strategy 6; it is a generally very shallow with high alkalinity. A total of 188 taxa including insects, molluscs and spiders have been reported. Milton Loch contains populations of water beetles including Nationally Scarce species Hygrotus quinquelineatus, Ilybius fenestratus, Oulimnius troglodytes and Gyrinus aeratus. The loch also supports northern pike and European perch.

Lochrutton Loch is a large (51ha) freshwater loch located within the study area; it is generally shallow with high alkalinity. A total of 156 taxa including insects, molluscs and spiders have been reported. The loch also supports northern pike, European perch and common roach (Rutilus rutilus).

Table 8-1: Watercourses within the Study Area, as Listed on SEPA’s RBMP
SEPA Watercourse	Condition	Improvement Strategies that Intersect Watercourse
Lochfoot Burn	Moderate	Improvement Strategies 1 and 6
Cargen Pow/Bogrie Lane	Moderate	Improvement Strategies 1, 2 and 5
Spottes Burn	Good	Improvement Strategies 3, 4 and 5
Urr Water	Good	Improvement Strategies 1, 5 and 6
Under Brae Lane	Good	Improvement Strategy 6
Culloch Burn (u/s Milton Loch)	Good	Improvement Strategy 5
Culloch Burn (Milton Loch to Kirkgunzeon Lane)	Good	Improvement Strategy 6

Protected and Notable Species

The desktop review identified a number of protected and notable species within the study area. The following sub-sections provide baseline information on protected and notable mammal, bird, reptile, amphibian, fish and plant species of relevance to the proposed scheme.

Badger

No records of badger (Meles meles) within the study area were returned by the NBN Atlas. However, three incidental sightings of dead badgers as a result of road traffic accidents, have been recorded during site visits in spring 2025.

Bats

Four species of bats have been recorded within the study area since 2010. NBN Atlas records consist of:

Common pipistrelle (Pipistrellus pipistrellus), 323 records
Daubenton’s bat (Myotis daubentonii), 340 records
Noctule (Nyctalus noctula), 8 records
Soprano pipistrelle (Pipistrellus pygmaeus), 1275 records

Hedgehog

One record of hedgehog (Erinaceus europaeus) within the study area were returned by the NBN Atlas search.

Otter

No records of otter (Lutra lutra) within the study area were returned by the NBN Atlas search. However, Dumfries and Galloway LBAP states that otter occur on all watercourses within Dumfries and Galloway. The River Nith is known for supporting otter populations.

Pine Martin

No records of pine marten (Martes martes) within the study area were returned by the NBN Atlas search. However, the LBAP states that pine marten are present within Dumfries and Galloway.

Red Squirrel

Grey squirrels (Sciurus carolinensis) have been predominantly recorded across the area, but historically (2010 onwards) red squirrels (Sciurus vulgaris) have been recorded within the study area at Crocketford, Springholm, Haugh of Urr, Old Bridge of Urr, in woodlands at Barfil and near the Urr Water shown on Saving Scotland's Red Squirrels.

The NBN Atlas search returned 99 records of red squirrel and 166 records of grey squirrel within the study area.

Water Vole

No records of water vole (Arvicola terrestris) within the study area were returned by the NBN Atlas search. Water voles are now rare on lowland rivers in Dumfries and Galloway, likely due to predation by American Mink (Neovison vison).

Birds

Twelve bird species that are found on the British Trust for Ornithology (BTO) Birds of Conservation Concern (BoCC) Red List have been recorded within the study area since 2010 as shown on Birds of Conservation Concern .

Two birds of prey species have been recorded within the study area. Comprising:

Barn owl (Tyto alba), one record
Tawny owl (Strix aluco), one record

Newts

One record of an unidentified newt (Lissotriton sp.) within the study area were returned by the NBN Atlas search.

Frogs and Toads

No records of frogs or toads within the study area were returned by the NBN Atlas search.

Reptiles

No records of reptiles within the study area were returned by the NBN Atlas search. However, the south-west of Scotland is considered a stronghold for the three reptile species native to Scotland; the European adder (Vipera berus), slowworm (Anguis fragilis) and common lizard (Zootoca vivipara).

Atlantic salmon

Most of the watercourses within the study area are associated with the Urr Water catchment the main branch of which (the Urr Water) has ‘good’ Atlantic salmon (Salmo salar) populations.

Trout

The Spottes Burn, which is a tributary of the Urr water and runs through Springholm, has ‘good’ trout population.

Non-Native Species (NNS) of Plants

Three records of Japanese knotweed (Reynoutria japonica), one record of signal crayfish (Pacifastacus leniusculus), one record of American mink and 166 records of grey squirrel were returned by the NBN Atlas search. The Galloway Fisheries Trust have been working on river catchments to manage NNS. Giant hogweed (Heracleum mantegazzianum) has been mapped and managed from just above the existing A75 crossing of the Urr Water; this location was considered to be the source of giant hogweed on the Urr as no plants were found above this point.

It is likely that some NNS are present within all improvement strategies.

Potential Impacts

Designated Sites

No direct impacts on European or Ramsar sites are expected from any of the improvement strategies. However, all improvement strategies are hydrologically connected to the Solway Firth and therefore to the Solway Firth SAC and SPA, and the Upper Solway Flats and Marshes Ramsar site.

Improvement Strategy 5 lies partially within Milton Loch SSSI (900m ² of overlap). Therefore, impacts to this site may occur during both construction and operation of the proposed scheme. The SSSI will be taken into consideration during development of the DMRB Stage 2 route option design and direct impacts will be avoided where possible. However, indirect impacts as a result of construction and operational run-off may still impact the SSSI.

Improvement Strategies 1, 2 and 3 have the potential to result in loss of AWI land parcels (Table 8-2). Total areas (hectares) of AWI with potential to be impacted are given for comparison purposes only. The areas of AWI will be taken into consideration during development of the DMRB Stage 2 route option design and direct impacts will be avoided where possible.

Improvement Strategy 1 results in the potential loss of more areas of AWI habitat than others (four AWI parcels, 3.99ha) although this is all classified as long-established woodland of plantation origin (LEPO) (type 2b). The AWI parcel potentially impacted by Improvement Strategy 3 is classified as ancient woodland of semi-natural origin (type 2a).

Changes to air quality during construction and operation of the proposed scheme, through dust and vehicle pollution, may potentially impact the Milton Loch SSSI and areas of AWI. Air quality impacts are considered in more detail in the Air Quality Chapter of this EAR.

To note, the total area of NWSS are the areas located within the improvement strategy

Table 8-2: Potential Impacts of Improvement Strategies on Designated Sites
Feature	Improvement Strategy 1	Improvement Strategy 2	Improvement Strategy 3	Improvement Strategy 4	Improvement Strategy 5	Improvement Strategy 6
European and Ramsar Sites	Potential for impacts	Potential for impacts	Potential for impacts	Potential for impacts	Potential for impacts	Potential for impacts
Milton Loch SSSI	No direct impacts	No direct impacts	No direct impacts	No direct impacts	Potential for direct impacts on Milton Loch SSSI given improvement strategy overlaps with designated area	No direct impacts
AWI	Potential for four areas to be impacted, with a total area of 3.99ha	Potential for two areas to be impacted, with a total area of 1.07ha	Potential for one area to be impacted, with a total area of 0.10ha	No direct impacts on AWI	No direct impacts on AWI	No direct impacts on AWI

Habitats

All improvement strategies result in the loss of woodland identified in the NWSS, listed on the SFMW. Improvement Strategy 5 results in the greatest number of parcels and area impacted (10 areas, 6.38ha) whilst Improvement Strategy 4 results in the least number of parcels and area impacted (two areas, 0.62ha) (Table 8-3). These potential losses also include at least some areas listed on the AWI.

Total areas (hectares) of NWSS with potential to be impacted are given for comparison purposes only. The areas of NWSS will be taken into consideration during the development of the DMRB Stage 2 route option design and direct impacts will be avoided where possible.

Changes to air quality during construction and operation of the proposed scheme, through dust and vehicle pollution, may also potentially impact woodland identified in the NWSS (see the Air Quality Chapter of this EAR for more detail).

Changes to groundwater flow paths during the construction and operation of the proposed scheme, through construction activities or road alignment, may potentially impact GWDTE (see the Geology, Soils and Groundwater Chapter for more detail). Areas of GWDTE have yet to be identified along each of the improvement strategies, therefore potential impacts may result from all improvement strategies.

To note, the total area of NWSS are the areas located within the improvement strategy.

Table 8-3: Potential Impacts of the Improvement Strategies on Habitats
Feature	Improvement Strategy 1	Improvement Strategy 2	Improvement Strategy 3	Improvement Strategy 4	Improvement Strategy 5	Improvement Strategy 6
NWSS No. of parcels	6	4	3	2	10	6
Total area (ha)	3.32	1.48	1.26	0.62	6.38	3.28

Protected and Notable Species

Impacts to protected and notable species are anticipated from all six of the improvement strategies. Potential impacts to species are likely to include:

Injury or mortality from construction related activities (vehicle movement, vegetation clearance) and/or from increased/new road footprint including new carriageway, junctions and access tracks leading to a likely increase in road traffic accidents.
Habitat loss due to temporary construction activities or permanent road footprint.
Loss of resting/refuge sites (for example roosts, setts, holts/couches, dreys).
Habitat fragmentation and fragmentation of commuting and foraging routes due to road.
Disturbance from noise, vibration or lighting associated with construction activities and/or from ongoing road operation.
Sediment release and run-off (sediment, chemical and hydrocarbons) from construction related activities and/or run-off from ongoing road operation.
Dust and vehicle pollution from construction related activities and/or from ongoing road operation may reduce air quality.

Design, Mitigation and Enhancement Measures

The objective of this section is to identify potential mitigation taking into account good practice, legislation and guidance. Potential mitigation would be developed and refined as part of DMRB Stage 2 (and eventually as part of DMRB Stage 3).

It is expected that some impacts could be mitigated through the application of good working practice (for example mitigation of potential pollution impacts through adherence to standard good practice and guidelines). Other significant ecological impacts are expected to be mitigated through a combination of good practice and mitigation techniques (as described below) which would be targeted to specific locations.

The design of the route options should aim to avoid impacts on statutory and non-statutory sites of significance and minimise habitat fragmentation and impacts on protected and notable species. Likely mitigation measures include:

Reduction of the temporary and permanent works footprint and associated habitat loss.
Seasonal constraints on construction works to avoid sensitive periods (species-specific).
No night working or use of artificial lighting to mitigate potential species disturbance.
Safe storage of materials, waste, machinery and equipment to avoid harm to animals.
Pre-start checks of machinery for resting animals.
Implementation of good practice pollution and biosecurity controls.
Remediation of temporary works areas following demobilisation.
Permanent lighting for the scheme should be designed to minimise impacts to bats and other sensitive species.
Consideration for safe wildlife crossings and mammal-proof fencing in the design to minimise road traffic accidents.

Enhancement can be delivered by adopting a habitat-based approach which can provide benefits for a wide range of species. Enhancement opportunities may include woodland creation and management, NNS management, creating species-rich roadside verges, and providing additional artificial habitats for protected species (such as bat boxes) beyond that required for mitigation to provide added resilience for impacted species.

Assessment of Likely Significant Effects

Table 8-4 presents a summary of the predicted potential effects on ecological features from the construction and operation of the proposed scheme. Impacts and effects have not been assessed for each improvement strategy separately as the protected and notable species information is currently considered for the study area as a whole. The Designated Sites and Habitats sections of this chapter provide a breakdown of key habitats (AWI and NWSS) within each improvement strategy.

An assessment of the level of effect (minor, moderate, major) has not been provided at this stage due to the early stage of improvement strategy optioneering and the lack of improvement strategy-specific species information. However, due to their international importance any impacts on the Solway Firth SAC, Solway Firth SPA and the Upper Solway Flats and Marshes Ramsar site without mitigation are likely to result in effects of major significance. Furthermore, due to their national importance any impacts on Milton Loch SSSI and areas listed on the AWI are also likely to result in effects of major significance (prior to mitigation).

It is likely that effects on protected and notable species, such as habitat loss and fragmentation, will be greater for longer improvement strategies, particularly Improvement Strategies 1 and 6. Additionally, improvement strategies that require major watercourse crossings, such as crossing Urr Water (Improvement Strategies 1, 5 and 6), will likely have greater impacts on aquatic habitats and species.

Table 8-4: Potential Impacts/Effects on Ecological Features During Construction and Operation of the Proposed Scheme
Feature Type	Feature	Potential Impacts/Effects During Construction	Potential Impacts/Effects During Operation	Relevance to Improvement Strategies
European Sites	Solway Firth SAC and SPA Upper Solway Flats and Marshes Ramsar	Sediment release and run-off from construction related activities (sediment, chemical and hydrocarbons).	Run-off from ongoing operation of the road (sediment, chemical and hydrocarbons).	Potential impacts from all improvement strategies.
National Sites	Milton Loch SSSI	Sediment release and run-off from construction related activities (sediment, chemical and hydrocarbons). Dust during construction may adversely impact air quality and the SSSI (see the Air Quality Chapter of this EAR).	Run-off from ongoing operation of the road (sediment, chemical and hydrocarbons). Reduction in air quality due to ongoing operation of the road (see the Air Quality Chapter of this EAR).	Potential impacts from Improvement Strategy 5 which is partially within with Milton Loch SSSI.
Habitats	Ancient woodland	Transfer of NNS. Dust during construction may adversely impact air quality and woodland habitats (see the Air Quality Chapter of this EAR).	Loss of habitat within earthworks footprint. Reduction in air quality due to ongoing operation of the road (see the Air Quality Chapter of this EAR).	Potential impacts from Improvement Strategies 1, 2, and 3. Greatest AWI loss under Improvement Strategies 1 and 2.
Habitats	Woodland and forest (broad leaved and coniferous; non- ancient woodland)	Transfer of NNS. Dust during construction may adversely impact air quality and woodland habitats (see the Air Quality Chapter of this EAR).	Loss of habitat within earthworks footprint. Reduction in air quality due to ongoing operation of the road (see the Air Quality Chapter of this EAR).	Potential impacts from all improvement strategies. Greatest NWSS loss under Improvement Strategies 1, 5, and 6.
Habitats	GWDTE	Construction activities may alter groundwater flow patterns. Sediment release and run-off from construction related activities. (sediment, chemical and hydrocarbons).	Loss of GWDTE habitat within earthworks footprint. Run-off from ongoing operation of the road (sediment, chemical and hydrocarbons).	Potential impacts from Improvement Strategy 5 which partially within with Milton Loch SSSI. Potential impact unknown for all other improvement strategies at this stage.
Habitats	Rivers and lochs (non-priority)	Sediment release and run-off from construction related activities (sediment, chemical and hydrocarbons).	Run-off from ongoing operation of the road (sediment, chemical and hydrocarbons).	Potential impacts from all improvement strategies. Impacts anticipated to be greater for improvement strategies that involve crossing Urr Water (Improvement Strategies 1, 5 and 6) or adjacent to lochs (Improvement Strategies 3 and 4).
Protected and Notable Species	Badger	Injury or mortality from construction related activities (vehicle movement, vegetation clearance). Temporary habitat loss and fragmentation due to temporary construction activities restricting badger foraging and commuting. Disturbance from noise, vibration or lighting associated with construction activities.	Injury or mortality from increased/new road footprint including new carriageway, junctions and access tracks. Likely increase in road traffic accidents. Loss of habitat and/or setts. Fragmentation of commuting and foraging routes due to road. Disturbance from ongoing road operation.	Potential impacts from all improvement strategies.
Protected and Notable Species	Bats	Injury or mortality from construction related activities (vegetation clearance). Temporary obstruction/loss of commuting routes. Disturbance from noise, vibration or lighting associated with construction activities.	Loss of habitat and/or bat roosts. Fragmentation of commuting and foraging routes due to road. Disturbance from ongoing road operation.	Potential impacts from all improvement strategies.
Protected and Notable Species	Otter	Injury or mortality from construction related activities (vehicle movement, vegetation clearance, creation of excavations, in-stream activities). Temporary habitat loss and fragmentation due to temporary construction activities restricting otter foraging and commuting. Disturbance from noise, vibration or lighting associated with construction activities. Sediment release and run-off from construction related activities (sediment, chemical and hydrocarbons).	Injury or mortality from increased/new road footprint including new carriageway, junctions and access tracks. Loss of habitat, holts and/or couches. Fragmentation of commuting and foraging routes due to road. Disturbance from ongoing road operation. Run-off from ongoing road operation (sediment, chemical and hydrocarbons).	Potential impacts from all improvement strategies. Impacts anticipated to be greater for improvement strategies that involve crossing Urr Water (Improvement Strategies 1, 5 and 6).
Protected and Notable Species	Pine marten	Injury or mortality from construction related activities (vehicle movement, vegetation clearance). Temporary habitat loss and fragmentation due to temporary construction activities restricting foraging and commuting. Disturbance from noise, vibration or lighting associated with construction activities.	Injury or mortality from increased/new road footprint including new carriageway, junctions and access tracks. Loss of habitat and/or dens. Fragmentation of commuting and foraging routes due to road. Disturbance from ongoing road operation.	Potential impacts from all improvement strategies.
Protected and Notable Species	Red squirrel	Injury or mortality from construction related activities (vehicle movement, vegetation clearance). Temporary habitat loss and fragmentation due to temporary construction activities restricting foraging and commuting. Disturbance from noise, vibration or lighting associated with construction activities.	Injury or mortality from increased/new road footprint including new carriageway, junctions and access tracks. Loss of habitat and/or dreys. Fragmentation of commuting and foraging routes due to road. Disturbance from ongoing road operation.	Potential impacts from all improvement strategies.
Protected and Notable Species	Breeding birds (including Schedule 1 species)	Temporary bird breeding habitat loss due to temporary construction activities. Disturbance from noise, vibration or lighting associated with construction activities.	Loss of bird breeding habitat.	Potential impacts from all improvement strategies.
Protected and Notable Species	Amphibians	Injury or mortality from construction related activities (vehicle movement, vegetation clearance, drainage). Temporary habitat loss and fragmentation due to temporary construction activities restricting amphibian foraging and commuting. Disturbance from noise, vibration or lighting associated with construction activities. Sediment release and run-off from construction related activities (sediment, chemical and hydrocarbons).	Fragmentation of commuting and foraging routes due to road. Run-off from ongoing road operation (sediment, chemical and hydrocarbons).	Potential impacts from all improvement strategies.
Protected and Notable Species	Reptiles	Injury or mortality from construction related activities (vehicle movement, vegetation clearance, topsoil stripping). Temporary habitat loss due to temporary construction activities.	Loss of habitat.	Potential impacts from all improvement strategies.
Protected and Notable Species	Freshwater fisheries	Injury or mortality from in-stream construction related activities (removal or installation of culverts, bridges). Disturbance from noise, vibration or lighting associated with construction activities. Sediment release and run-off from construction related activities (sediment, chemical and hydrocarbons).	Disturbance from ongoing road operation (lighting). Run-off from ongoing road operation (sediment, chemical and hydrocarbons).	Potential impacts from all improvement strategies. Impacts anticipated to be greater for improvement strategies that involve crossing Urr Water (Improvement Strategies 1, 5 and 6).
Protected and Notable Species	NNS	Increased spread of NNS due to construction related activities (vehicle movement, vegetation clearance and disposal, soil transfer).	Increased spread of NNS due to ongoing road operation/new dispersal pathway.	Potential impacts from all improvement strategies.

Proposed Scope of Future Assessment

The improvement strategies pass through a range of valuable ecological habitat. There is potential for protected and notable species to be present within the DMRB Stage 1 Assessment Corridor and surrounding areas. Further ecological assessments will be required to inform the DMRB Stage 2 Environmental Assessment.

A habitat survey (extended Phase 1 or UK Habitat Classification (UKHabs)) of the improvement strategies selected for further assessment will be required. This will determine the need for further detailed habitat surveys and protected and notable species surveys. Based on the baseline information provided in this chapter, detailed surveys are likely to be required for the following habitats and species.

Ancient Woodland: ancient woodland is present within some of the improvement strategies. A survey of the condition of ancient woodland areas should be undertaken.
Badgers: badgers are likely present in the areas surrounding the improvement strategies.
Bats: it is highly likely that bats are present within the improvement strategies. A survey should be completed to determine the potential presence of roost sites, in trees, structures and buildings, within the selected improvement strategy.
Otters: otters are known to be present in Dumfries and Galloway and are likely present within the improvement strategies.
Red squirrel and pine marten: red squirrel and pine marten are likely present in the areas surrounding the improvement strategies.
Birds: bird surveys may be required to determine species presence and abundance, particularly for birds of prey species.

Other species-specific surveys may be required following on from the findings of the initial habitat survey. Depending on the outcome of the surveys, NatureScot European Protected Species Licences may be required.

Once the selected improvement strategy and a preferred route option has been identified a Habitats Regulations Appraisal may be required to address potential impacts to European sites.

Summary

A high level assessment of the improvement strategies in relation to biodiversity was undertaken. The proposed scheme, regardless of the improvement strategies selected, is likely to result in some adverse effects to biodiversity at a local level in relation to habitat loss and fragmentation, and the associated effects on notable and protected species.

Improvement Strategies 1 and 6 would likely have the greatest impact on biodiversity in general as they cover the greatest total area and both will involve construction of a river crossing over Urr Water, resulting in a greater potential impact on aquatic habitats and species. Improvement Strategy 1 is also likely to result in a greater loss of AWI, which is considered to be an irreplaceable habitat, compared to other improvement strategies.

Improvement Strategy 5 will also involve construction of a river crossing over Urr Water. In addition, Improvement Strategy 5 lies partially within Milton Loch SSSI, therefore, construction and operation of the proposed scheme may directly and indirectly impact the SSSI. Improvement Strategy 5 also covers the largest area of NWSS of all improvement strategies.

As all six improvement strategies are in relatively close proximity to each other, the protected and notable species present are likely to be similar across all improvement strategies, provided habitat across the improvement strategies is similar. The proposed scheme may provide minor beneficial effects to biodiversity if habitat enhancement is employed beyond the level required for mitigation. Field surveys will be required at DMRB Stage 2 to provide further information on the habitats and species likely to be impacted by the proposed scheme.

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