10.1.1 To carry out construction works in such a way as to avoid
unnecessary impacts to valuable habitats and species, or to control
and limit construction impacts in line with the Environmental
Statement and in the case of the Special Protection Areas and
Special Areas of Conservation the Appropriate Assessments, through
development of appropriate working methods and implementation of
appropriate mitigation measures.
10.2 Ecological Management Plan
10.2.1 As explained in Section 1.7 of this CoCP, the
contractor’s EMP will include an Ecological Management Plan
which will include details of procedures to be followed to mitigate
environmental impacts due to construction on ecological resources,
flora and fauna.
10.2.2 The Ecological Management Plan will include measures to
be implemented relating to the following:
- Designated sites including Special Protection Areas (SPA),
Special Areas of Conservation (SAC) and Sites of Special Scientific
- Protected species.
- Control of invasive and alien species.
- Protection of mature trees.
- Tree replacement.
- Monitoring procedures.
10.2.3 The Ecological Management Plan will include the
following, as appropriate:
- A summary of all known areas of nature conservation interest
which may be affected due to construction.
- Maps showing the locations of all known areas of nature
conservation interest which may be affected due to construction,
including access routes.
- Details of proposed protection measures to avoid any
unnecessary encroachment into adjoining areas of nature
- Details of measures proposed to mitigate potential impacts on
areas of nature conservation interest due to construction.
- A programme for undertaking ecological survey works prior to
and during construction to verify the baseline ecological
conditions disclosed in the Environmental Statement and undertake
appropriate monitoring during construction.
- Details of any restrictions on the timing of construction works
and construction methods to protect species or areas of nature
- Details of appropriate watching briefs to be implemented during
- Procedures to be implemented in relation to relocation or
translocation of species.
- Procedures to be adopted in the event of unanticipated
discovery or disturbance of protected species or important
- Reinstatement procedures to be implemented for any areas of
temporary habitat loss.
- Reference to the relevant procedures in the Pollution Incident
Response Plan to be implemented in the event of a pollution
incident on or adjacent to a designated nature conservation
10.2.4 Relevant information, including the information outlined
above will be included in individual Species or Habitat Management
Plans which the contractor will prepare and which will form part of
the Ecological Management Plan. Species or Habitat Management Plans
will be prepared for the following:
- Terrestrial habitats.
- Aquatic/estuarine habitats.
- European Protected Species (cetaceans, great crested newt,
otter and bats).
- Breeding birds.
- Freshwater fish, including migratory species.
10.2.5 The contractor will seek to reduce any habitat loss
within the land provided for the Project by keeping the working
area to the minimum necessary for construction of the Project.
10.2.6 Where appropriate, the contractor will mitigate the loss
of ecologically important habitats through habitat creation to
replace lost areas. Where replacement planting is provided, this
mitigation will be integrated with landscape planting, as
appropriate, and use native species of local provenance. See also
Section 13 of this CoCP.
10.2.7 The contractor will have regard to the requirements of
Sections 5, 6 and 9 of this CoCP relating to noise and vibration,
dust and air quality, and protection of the water environment,
respectively, to protect areas of ecologically important habitats
and species adjacent to the construction site.
10.2.8 The Ecological Management Plan will set out any specific
measures necessary to comply with relevant legislation, including
- Wildlife and Countryside Act 1981, as amended;
- Nature Conservation (Scotland) Act 2004;
- Conservation (Natural Habitats, & c.) Regulations 1994, as
- Food and Environment Protection Act 1985;
- Protection of Badgers Act 1992;
- Environmental Protection Act 1990;
- Wild Mammals (Protection) Act 1996; and
- Salmon and Freshwater Fisheries Act 1975.
10.2.9 The information set out in the Ecological Management Plan
in relation to the above will include a description of the
procedures to be implemented to comply with any licensing
10.2.10 The contractor will consult with SNH, SEPA and Marine
Scotland, as appropriate, regarding preparation of the Ecological
10.2.11 The contractor will provide an Ecological Clerk of Works
who will be responsible for implementation of the Ecological
10.3 Protected Habitats and Species
10.3.1 As explained in Section 1.4 of this CoCP, Reports to
Inform an Appropriate Assessment (RIAAs) have been prepared in
relation to the following sites:
- Firth of Forth Special Protection Area (SPA).
- Forth Islands SPA.
- Imperial Dock Lock SPA (contained within the Forth Islands
- River Teith SAC.
10.3.2 The contractor will comply with the provisions of the
Environmental Statement and the RIAAs in relation to these sites,
and any other conditions or restrictions imposed by the Competent
Authority in relation to the Appropriate Assessments carried out
for the Project insofar as they relate to these sites (refer also
to the provisions of paragraph 1.4.3).
10.3.3 The Environmental Statement also identifies potential
impacts on the following Sites of Special Scientific Interest
- St Margaret’s Marsh SSSI.
- Ferry Hills SSSI.
- Firth of Forth SSSI.
10.3.4 The contractor will comply with the provisions of the
Environmental Statement in relation to these sites.
10.3.5 In accordance with the mitigation and other measures set
out in the Environmental Statement and the RIAAs, the contractor
will undertake surveys in advance of construction works being
undertaken to identify protected species and will ensure that
exclusion zones in line with best practice and which are
appropriate considering the nature of the construction works to be
undertaken are maintained. In preparing their method of
construction work the contractors will take cognisance of the
requirements set out in the Environmental Statement and the RIAAs.
In the event that their proposed method (a) differs from the method
assessed in and recommended by the Environmental Statement and the
RIAAs and (b) in the view of the Ecological Clerk of Works, has the
potential to significantly affect protected habitats and/or
species, the contractor will consult with relevant bodies,
including SNH, prior to work commencing regarding the need or
otherwise for an Appropriate Assessment and/or additional and/or
amended mitigation measures.
10.3.6 The contractor will obtain and comply with the
requirements of any protected species licences necessary for
construction of the Project. Licences may include those in relation
to the following:
- European Protected Species derogation licences – in
respect of any works likely to breach the Conservation (Natural
Habitats &c) Regulations 1994. Species potentially requiring a
derogation licence include cetaceans, great crested newt, otter and
- Badger development licences - in respect of any works likely to
result in the disturbance, damage or destruction of a badger
10.3.7 The programming of construction works will take
cognisance of the requirements set out in the Environmental
Statement and RIAAs. In particular, the timing of construction
works will be undertaken with due regard to the following:
- Site clearance works – to mitigate potential impacts on
terrestrial breeding birds.
- Works within watercourses – to mitigate potential impacts
on migratory fish.
- Foundation construction associated with the main crossing or
the approach viaducts within the Firth of Forth – to mitigate
potential impacts on fish, marine mammals and birds. See also
paragraph 10.3.8 below.
10.3.8 Construction of the foundations associated with the main
crossing and approach viaducts within the Firth of Forth will be
undertaken in line requirements of the Environmental Statement and
RIAAs to mitigate the potential effects on fish, marine mammals and
birds, including impacts associated with the following:
- Noise and vibration due to piling and blasting works.
- Habitat loss due to piling and dredging works, including the
disposal of dredgings.
- Release of sediment, including any contamination, due to
- Chemical spills due to construction works.
- Light pollution due to temporary lighting.
- Disturbance from increased traffic/vessels.
10.3.9 The contractor will provide a trained Marine Mammal
Observer (MMO) during piling and blasting works to facilitate
compliance with the requirements of this CoCP.
10.4 Control of Invasive and Alien Species
10.4.1 The contractor will describe within the Ecological
Management Plan the strategy to be implemented for the appropriate
treatment of invasive alien species, including, as appropriate:
- Japanese knotweed (Fallopia japonica); and
- giant hogweed (Heracleum mantegazzianum).
10.4.2 The strategy will set out appropriate construction,
handling, treatment and disposal procedures in relation to these
and any other species listed in Schedule 9, Part II of the Wildlife
and Countryside Act 1981, as amended, or the Weeds Act 1959 to
prevent the spread of such species. Appropriate measures will also
be set out to control other invasive species such as Himalayan
balsam (Impatiens glandulifera) in line with recognised best
10.4.3 Vessels involved in the construction activities for the
FRC will operate in accordance with industry recommended guidelines
for preventing the introduction of non-native marine species.
UKMarineSAC (2009) recommends that vessels comply with
International Maritime Organisation guidance wherever possible,
seek guidance from the relevant navigation or harbour authorities
port authority regarding areas where ballast water uptake should be
avoided (e.g. near sewage outfalls), encourage the exchange of
ballast water in the open ocean, and discourage/prohibit the
unnecessary discharge of ballast water in port and harbour
10.5 Protection of Trees
10.5.1 The contractor will employ an arboricultural consultant
to oversee works relating to the protection of trees.
10.5.2 The contractor will protect trees in line with the
recommendations in BS 5837 Trees in Relation to Construction. Trees
will be considered to be those covered by BS 5837 with stem
diameter greater than 75mm measured at 1.5m above ground level.
Such trees to be protected will be identified by the
contractor’s arboricultural consultant.
10.5.3 The Ecological Management Plan will set out measures to
be implemented, including the following, as appropriate:
- Provision of appropriate protective fencing to reduce the risks
associated with vehicles trafficking over root systems or beneath
- Measures to prevent compression of soils.
- Maintenance of vegetation buffer strips, where
- Procedures for the selective removal of lower branches to
reduce the risk of damage by construction plant and vehicles.
10.5.4 Any tree surgery operations will comply with the
recommendations in BS 3998 Recommendations for Tree Works, as
10.5.5 Tree felling will be carried out taking appropriate
consideration of the Forestry Commission’s Forest and Water
Guidelines 2003 to mitigate risks from felling areas of woodland
and trees on the freshwater environment. Where there are no
windthrow or landscape visual issues, tree felling will be reduced
to that necessary to allow the safe construction and operation of
the proposed scheme. Any tree felling operations must consider the
legal protection given to roosting bats and breeding birds.
10.5.6 Tree felling within land authorised by the Forth Crossing
Bill will not require any secondary consent. Any tree felling in
land outside the extents of the Bill which is occupied with the
agreement of the relevant landowner will require consent in
accordance with Forestry Act 1967. The contractor will obtain any
consents necessary in this regard.
10.6 Tree Planting and Replacement
10.6.1 Any trees intended to be retained which are felled or die
as a consequence of construction works will be replaced. Where
reasonably practicable, the size and species of replacement trees
will be selected to achieve a close resemblance of the original
trees most effectively using locally occurring native species of
local provenance and taking cognisance of any management plans for
immediately adjacent areas of woodland.
10.6.2 The supply, storage, handling, planting and maintenance
of new planting will be undertaken in accordance with appropriate
British Standards, including BS 5837 Trees in relation to
construction; BS 3998 Recommendations for Tree Works and BS 4428
Code of Practice for General Landscape Operations (excluding hard
surfaces) and other guidance including the UK Forestry Standard and
the UKWAS Standard.
10.7.1 The contractor will consult with relevant authorities
including the Scottish Ministers, SNH, local authorities and the
Forestry Commission regarding monitoring and survey works to be
undertaken prior to construction to verify the baseline ecological
and arboricultural conditions set out in the Environmental
Statement, including agreeing a suitable handover from the Scottish
Ministers for any ongoing monitoring and survey works being
undertaken by them. The survey works will be planned to provide
sufficient baseline data to inform the development of appropriate
construction programmes, methods and mitigation measures which will
be set out in the Ecological Management Plan.
10.7.2 The contractor will undertake appropriate monitoring of
construction works and implementation of mitigation measures,
including those relating to noise and vibration associated with
works which may affect the SPAs, SAC and SSSIs, as appropriate.
10.7.3 The contractor will undertake appropriate monitoring
during construction to enable the effectiveness of construction
methods and mitigation measures to be identified.
- Bats and Lighting in the UK, Bat Conservation Trust, 2008
- BS 3998:1989 Recommendations for Tree Works, British Standards
- BS 4428:1989 Code of Practice for General Landscape Operations
(excluding hard surfaces), British Standards Institution
- BS 5489:2003 Code of Practice for the Design of Road Lighting,
British Standards Institution
- BS 5837:2005 Trees in Relation to Construction, British
- BS EN 14011:2003 Water quality – Sampling of fish with
electricity, British Standards Institution
- Environmental Protection Act 1990, as amended
- Food and Environment Protection Act 1985
- Forest and Water Guidelines 2003, Forestry Commission
- Forestry Act 1967
- Guidelines for minimising acoustic disturbance to marine
mammals from seismic surveys, JNCC, 2004
- Mitigating Against Effects on Badgers, Highways Agency,
- Nature Conservation Advice in Relation to Bats, Highways Agency
- Nature Conservation Advice in Relation to Otters, Highways
- Nature Conservation (Scotland) Act 2004
- PPG 1: General Guide to prevention of pollution, Scottish
Environment Protection Agency
- PPG 3: Use and design of oil separators in surface water
drainage systems, Scottish Environment Protection Agency
- PPG 5: Works and maintenance in or near water, Scottish
Environment Protection Agency
- PPG 6: Working at construction and demolition sites, Scottish
Environment Protection Agency
- PPG 21: Pollution Incident Response Planning, Scottish
Environment Protection Agency
- Protection of Badgers Act 1992
- Salmon and Freshwater Fisheries Act 1975
- St Margaret’s Marsh SSSI, Ferry Hills SSSI and Firth of
Forth SSSI (available on SNH SiteLink at http://www.snh.org.uk/snhi/)
- Summary of the possible effects of wastes managed within ports
and harbours and suggestions for means of avoiding, minimising and
addressing them. UKMarineSAC, 2009, available at: http://www.ukmarinesac.org.uk/activities/ports/ph6_4
- The Conservation (Natural Habitats, & c.) Regulations 1994,
- The UK Forestry Standard, The Government’s Appraoch to
Sustainable Forestry, Forestry Commission, 2004
- United Kingdom Woodland Assurance (UKWAS) Standard, Second
Edition (Amended November 2008)
- Weeds Act 1959
- Wild Mammals (Protection) Act 1996
- Wildlife and Countryside Act 1981, as amended