Scottish Government: Transport Directorate, November 2009 This document should be regarded as an Appropriate Assessment on the Implications of the proposed Aberdeen Western Peripheral Route (AWPR) upon the River Dee Special Area of Conservation (SAC). It has been prepared by the Scottish Ministers as the Competent Authority for the above proposal and is based on the framework provided in the European Commission’s guidance document “Managing Natura 2000 Sites: The provisions of Article 6 of the Habitats Directive”, (European Commission guidance, 2000). 1 Project and site description Brief description of the project The AWPR proposal comprises the construction of a new by-pass road for Aberdeen. It comprises three sections – the northern leg, southern leg and a fastlink. It is 46km in length and has been identified as a key element of an integrated transport system for the North East of Scotland and is being promoted and funded primarily by Transport Scotland, an agency of Scottish Government Ministers. Funding contributions are also being made by the local authorities of Aberdeen City, and Aberdeenshire Councils. The section of the AWPR which requires assessment under The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), is that section of the route that is a proposed bridge crossing over the River Dee Special Area of Conservation (SAC). Further details on the actual design and build requirements for the AWPR of the River Dee crossing are described in section 5 below. 2 Brief description of the designated Natura The River Dee SAC is designated under the Directive 92/43/EEC. site The River Dee is a major east coast Scottish river, which flows uninterrupted for some 130km from its upland reaches in the high Cairngorms to the north sea. There is a weak nutrient gradient along its length, but it is essentially a nutrient –poor river The qualifying species are freshwater pearl mussel, Atlantic salmon and otter. 1 Freshwater Pearl Mussel (Margartifera margaritifera) The River Dee supports a functional population of freshwater pearl mussel, recorded from a location approximately 30 km from the river source to approximately 6-7 km upstream from its mouth. Juveniles make up approximately 30% of the recorded population, among the highest proportions recorded in Scotland. This indicates that the population is recruiting strongly and is one of the most important in the UK. Atlantic Salmon (Salmo salar) The River Dee supports a high-quality population in a river draining a large catchment on the east coast of Scotland. There is a weak nutrient gradient along its length, but it is essentially a nutrient-poor river. The high proportion of the river accessible to salmon has resulted in it supporting the full range of life-history types found in Scotland, with subpopulations of spring, summer salmon and grilse all being present. The headwaters which drain the southern Cairngorm and northern Grampian mountains are particularly important for multi sea-winter spring salmon, but there has been a significant decline in their abundance in recent years. The extensive areas accessible to salmon mean the River Dee supports a significant proportion of the Scottish salmon resource. In recent years it has contributed about 4 or 5% of all salmon caught in Scotland. Otter (Lutra lutra) Surveys have indicated that the otter is found throughout Dee catchment, from its mouth at Aberdeen to many of the high-altitude lochs. The river system contains extensive areas of suitable habitat for otter feeding, resting and breeding, including watercourses with a high fish biomass and islands and marshy areas for resting. This is a strong, high quality population, representative of north-east Scotland. 3 Conservation objectives for the designated SNH provides details of all Natura site conservation objectives on its Website, SNHi can Natura site be found at http://www.snh.org.uk/snhi/ To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable 2 conservation status for each of the qualifying features: and To ensure for the qualifying species that the following are maintained in the long term: ● Population of the species, including range of genetic types for salmon, as a viable component of the site ● Distribution of the species within the site ● Distribution and extent of habitats supporting the species ● Structure, function and supporting processes of habitats supporting the species ● No significant disturbance of the qualifying species ● Distribution and viability of freshwater pearl mussel host species ● Structure, function and supporting processes of habitats supporting freshwater pearl mussel host species The qualifying species are freshwater pearl mussel, Atlantic salmon and otter. 4 5 Screening Is the proposal directly connected with, or The proposal is not directly connected with, or necessary to, the conservation management necessary to, conservation management of the of the River Dee SAC. designated Natura site? Consider whether there are any likely direct, The southern leg of the AWPR requires a bridge over the River Dee. A viaduct bridge is indirect or secondary significant effects of the to be constructed which will lie approximately 100m east of the existing Maryculter project on the designated Natura site Bridge. At the point of crossing the river is approximately 60m wide and the SAC is about 90m wide. The current design for the bridge comprises a main span of 120m with 2 further side spans of 75m. There will be no bridge piers in the river channel or SAC. A minimum buffer of 4m from the SAC boundary will be maintained during construction of the bridge. On completion the minimum distance form the bridge pier to the SAC boundary will be 12.5m on the north side and 19.6m on the south side. A drainage outfall from SUDS ponds will be routed to the River Dee. As the outfall would be located within the SAC, small scale construction activity will be required within the 3 SAC. This work will be carried out in low flow conditions. Other activities in proximity to the River Dee include: clearance of vegetation and above ground obstacles within the work corridors for the approach road to the crossing, stripping of topsoil and construction of road embankments. In addition to the River Dee crossing, the AWPR will cross or otherwise impact a number of watercourses outwith the SAC, but within the River Dee catchment, north and south of the main crossing. The Crynoch Burn and Culter Burn which are part of the River Dee SAC, will be indirectly affected as they receive water from tributaries which are impacted by the proposal. Taken from Jacobs, April 2008, AWPR Report to Inform Appropriate Assessment (IIAA) for the River Dee SAC. (Section 3) On the basis of the information provided the AWPR, but in particular the construction of a bridge crossing over the River Dee SAC, is likely to have significant effects due to potential impacts on water quality, impacts relating to noise and vibration from piling and also from illumination during the construction period. In addition there is the potential for road traffic accidents involving otter during the operational phase of the bridge. Atlantic salmon Likely significant effects during construction phase - Yes Potential impacts from changes to water quality, noise and vibration from piling and illumination could affect the passage of fish, spawning and feeding habitats. The construction is due to last for 16 months with any night-time working to be agreed in advance of works commencing. Likely significant effects during operation phase – No Once the bridge is built, it is not considered likely that there will be any significant effects from its operation on the conservation objectives for salmon. The reasoning behind this is based on evidence from other bridge construction projects where salmon have quickly habituated to the presence of the structure and no change has been noted in distribution or 4 numbers. There are currently a number of bridge structures which have recently been constructed across other SACs designated for salmon. None of these structures have been linked to any adverse impact on the Atlantic Salmon populations. Fresh Water Pearl mussels Likely significant effects during construction phase – yes The effects outlined above on Atlantic salmon could potentially impact on the FWPM due to the symbiotic relationship between the two species. There is also the potential for the release of sediments directly impacting on FWPM through smothering and alterations to river topography. Likely significant effects during operation phase - No It is not considered that during operation that there will be any significant effects on freshwater pearl mussel directly or indirectly to their host species - salmon. Otter Likely significant effects during construction phase – yes Vegetation clearance and earth moving are the most likely significant impacts likely to occur and construction activities may fragment or sever foraging routes. An otter couch will require to be destroyed in close vicinity to the bridge crossing. Holts will be protected within 100m of the bridge. Likely significant effects during operation phase - no The operation of the bridge is unlikely to have a significant effect on otters as there is evidence to suggest that they will habituate to traffic noise etc. No direct access onto the bridge will be available with appropriate mammal fencing along the route, therefore road traffic accidents (RTAs) are not likely to be a significant issue. A riparian vegetation strip will be re-established and the maintenance of the 4m buffer strip during construction will avoid severance of habitats along the River. 5 7 8 Is the plan/project likely to have a significant Consideration was given by the Consultants as to any other projects within the River Dee effect on any other SAC/SPA, either alone or that should be considered in combination with the AWPR. Advice was sought from a in combination, with other plans or projects? number of Regulating Bodies as to their knowledge of other projects planned. A detailed list was provided and consideration against these projects is provided in the Report to Inform the Appropriate Assessment. Refer to Section 9 and Appendix 10 of the Jacobs IIAA Report. Appraisal of Impacts on Site Integrity Can it be ascertained that the proposal/plan will not adversely affect the integrity of the River Dee SAC? Regulation 48 indicates that projects can be assessed which include mitigation to reduce or avoid impacts to avoid adverse effect on integrity. The Consultants’ report to Inform the Appropriate Assessment details a range of key mitigation measures that will be implemented. The mitigation proposed ensures that the conservation objectives for each of the qualifying species can be maintained in the longer term, therefore an adverse effect on the integrity of the River Dee SAC can be avoided. Advice provided by Scottish Natural Heritage (SNH) on 8th August 2008, in a letter to Transport Scotland and also in a Written Submission to the Public Local Inquiry (PLI), dated 12th August 2008, indicates that they have concluded no adverse effect on integrity, subject to inclusion of conditions / legal agreements to any consent. 9 Conclusion of Appraisal I am satisfied that the construction and operational phases of the AWPR can be undertaken without any adverse impact upon the integrity of the River Dee SAC . This conclusion is supported by Scottish Natural Heritage, in their capacity as Scottish Ministers statutory nature conservation advisers. Martin Milarky An official of the Scottish Government EDINBURGH November 2009 6 7