PROOF OF EVIDENCE: FORESTRY

Transcription

1 Electricity Act 1989: Section s36 Town and Country Planning Act 1990: Section 90 Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007 Application by RWE npower renewables Limited for a 150 MW wind farm and habitat restoration at Carnedd Wen PROOF OF EVIDENCE: FORESTRY Chris Piper BSc(Hons) MICFor of C J Piper & Co, Chartered Foresters October 2013

2 1. QUALIFICATIONS AND RELEVANT EXPERIENCE 1.1 My name is Chris Piper. I am Principal of C J Piper & Co, Chartered Foresters, an independent forestry consultancy firm operating for the past 17 years and currently based in Forres, Moray. 1.2 I hold a BSc (Honours) degree in forestry from the University of Aberdeen and have been a Professional Member of the Institute of Chartered Foresters since I have 29 years of professional forestry experience and an in-depth knowledge of various sectors of the UK forestry industry ranging from technical forest operations to forestry strategy development and feasibility planning; urban, commercial and community woodland design, creation and management; and provision of expert witness advice (particularly in relation to wind farms). 1.4 I have provided forestry-related consultancy advice on a number of wind farm developments, including expert witness evidence at the Clashindarroch wind farm public inquiry in northeast Scotland in SCOPE OF EVIDENCE 2.1 I have been retained by RWE since July 2012 to provide forestry advice in connection with the proposed wind farm and associated habitat management and restoration project at Carnedd Wen. This advice has included review of the Carnedd Wen Environmental Statement (ES) and the Supplementary Environmental Information (SEI)2009 and SEI I subsequently authored Vol.4 Plan 1.3 (Forestry Management Plan) of the SEI I have worked closely with Dr Edwards (Hydrology and Hydrogeology), Dr Mills (Peat), Mr Lowther (Ecology), Mr Houtmeyers (Construction) and Mr Stevenson (Landscape and Visual) in order to integrate with their respective areas of expertise the technical forestry matters upon which I have advised in relation to the wind farm development and associated Habitat Restoration Management Plan (HRMP). 2.3 In my evidence I provide overviews of: key characteristics of the forest at Carnedd Wen; implications of the on-going management of the forest without a wind farm; key elements of the proposed with wind farm Forestry Management Plan (FMP) that will facilitate both accommodation of the wind farm and delivery of the objectives of the habitat restoration and management programme, should the wind farm application be consented; how any issues or potential impacts relating to implementation of the FMP have been addressed and/or mitigation measures proposed, as appropriate. 2

3 3. MATTERS WITHIN THOSE LISTED BY THE SECRETARY OF STATE ADDRESSED IN THIS PROOF 3.1 My evidence does not specifically address matters listed by the Secretary of State but contributes to the evidence of Mr Stevenson, Mr Lowther, Dr Edwards and Dr Mills with regard to Item 4 (the individual and combined landscape and visual impacts of the proposed developments taking into account the proximity to Snowdonia National park), Item 7 (the individual and cumulative impact of the proposed developments on biodiversity), Item 12 (the impact of the proposed developments on hydrology and hydrogeology and Item 13 (the impact of the proposed developments on peat), respectively. 4 RELEVANT FORESTRY LEGISLATION, POLICY & GUIDANCE 4.1 Legislation The legal framework for forestry, including forestry felling, as applicable to the on-going management of the forest at Carnedd Wen without a wind farm is provided by the Forestry Act 1967 (as amended) and the Regulatory Reform Order This legislation regulates the issuing of Felling Licences, investigation of unauthorised felling and the issuing of Restocking and Enforcement Notices. Large scale felling and permanent woodland removal may also fall within the scope of the Environmental Impact Assessment (Forestry) Regulations (1999). However, when forestry felling is proposed as part of a development such as a wind farm the consenting process for felling is covered by the relevant planning legislation. 4.2 Policy The policy framework for forestry in Wales is embodied in Woodlands for Wales - The Welsh Assembly Government s Strategy for Woodlands and Trees (2009) (Core Document RWE/FOR/05). Under this strategy there is a strong presumption against the permanent removal of woodland except for the restoration of high priority open habitats. The latter includes blanket bog which is a priority habitat at both European and national levels Further policy guidance is provided by Forestry Commission Wales: Policy Position on Development Affecting Woodlands (2010) (Core Document RWE/FOR/03). This provides the policy framework against which [the former] Forestry Commission Wales will fulfil its roles in respect of non-forestry development proposals, including wind farms. 3

4 4.3 Guidance The UK Forestry Standard (UKFS) (2011) (Core Document RWE/FOR/01) is the reference standard for sustainable forest management in the UK. The UKFS is supported by a series of supplementary guidelines that define standards and requirements for sustainable forest management and provides the basis for regulation and monitoring. These guidelines include Forests and Water Guidelines (Core Document RWE/HYD/59) which are of particular relevance to the without wind farm and with wind farm forestry management at Carnedd Wen as they provide decision making guidance and mitigation measures with regard to matters such as extent and timing of felling within water catchments and other potential impacts of forestry operations on hydrology and water quality. These are dealt with in detail in Dr Edwards evidence. 5. BACKGROUND ENVIRONMENT 5.1 Key characteristics of the forest at Carnedd Wen: The forest at Carnedd Wen has been described in detail in the SEI 2013 (Vol 4 Plan 1.3 Forestry Management Plan). However, as context to my evidence I summarise some of the key characteristics as follows: The forest is privately owned and comprises even-aged commercial conifer plantations, the majority of which were planted between 1982 and 1992 with the predominant species being Sitka spruce The forest covers a total gross area of 2,154 hectares (ha) contained within the overall wind farm application area of 2,600 hectares. When unplanted areas such as roads, rides, open glades etc. are deducted, this reduces the gross area to a nett stocked area of 1,854 ha The afforestation techniques used when the majority of the Carnedd Wen forest was established in the 1980s included deep ploughing and intensive drainage, typical of those widely adopted throughout UK for upland commercial forestry to help mitigate inherent problems associated with poor drainage, soil infertility and propensity to windblow. Such techniques are now recognised as having damaging effects on deep peat soils, such as those underlying the majority of Carnedd Wen, resulting in degradation of the peat itself, carbon emissions and loss of priority habitat. 4

5 Whilst the above techniques have been significantly modified since the 1980s and 1990s, on-going commercially viable forestry (including replanting of felled crops on upland wet, peaty soils such as Carnedd Wen) would still require management intervention in order to overcome inherent drainage and crop stability constraints. Such intervention would typically include intensive drainage and pre-replanting cultivation such as mounding. Mounding is a method whereby a machine such as a tracked excavator scoops and then forms mounds of soil to create individually raised planting sites. These provide trees with improved local drainage and spread and depth of rooting which helps make future crops more stable against windblow, but would nonetheless continue to have damaging effects on peat soils However, in light of the potentially damaging effect on peat soils mentioned above, under current national forestry policy there is a general presumption against the planting or replanting on peat soils greater than 50cms depth Given its predominant age range of 20 to 31 years old, the Carnedd Wen forest is now coming into the timber production phase when - under a normal (without wind farm) forest management regime - forest managers will begin planning future felling and replanting with a view to creating a more diverse age and species structure, a process referred to as restructuring, in order to move away from promulgating even-aged monocultures. 5.2 Implications of on-going forest management without a wind farm The current managers of the forest, UPM Tilhill, are thus currently in the process of drawing up (on behalf of the forest owner) a management plan (Core Document RWE/FOR/06) setting out the management strategy, objectives, constraints and operational framework for the forest over the next 20 years. This draft Plan is not expected to be finalised until after a determination is made on the Carnedd Wen wind farm application Under this draft management plan, the long-term objective for Carnedd Wen is To have a sustainable, productive forest which will provide a good return on the investment The plan sets out how this will be achieved by progressive felling and replanting over a 20 year period with the intention of the continuation of commercial timber production As the felling would be regulated under the Forestry Act 1967, the landowner / UPM Tilhill would need to obtain prior approval from NRW (formerly through FCW), through the issuing of appropriate felling licence(s). Such licences may be Conditional requiring the owner to fulfil re-stocking or other conditions, or Unconditional with no restocking or other conditions. Restocking or other conditions will be determined using national forestry policy guidelines together with the obligation to meet the requirements of the UK Forestry Standard (referred to at above). 5

6 5.2.5 The Tilhill plan proposes the felling of a matrix of twenty annual felling areas or coupes spread across the forest, followed by restocking as many of these areas as may be approved under prevailing national forestry policy guidelines. The latter approval would be a matter for negotiation between Tilhill and NRW, the outcome of which negotiations is as yet uncertain. It is also the Plan s stated intention to carry out ground preparation prior to restocking by mounding (see my Para above) wherever possible, with the associated implications for further potential impact on peat soils Should the condition(s) of future felling licence(s) prevent or significantly restrict the scale of re-stocking on peat >50cms for example, by requiring the substitution of commercial conifers with open habitat restoration or replanting with native broadleaved woodland - the owner s long term financial objectives and thus the future commercial value of the forest, could be significantly compromised. This would lead to uncertainty as to the future composition of, and management objectives for, the forest under its current or future ownership Under the Tilhill plan, 1% of the forest area is assigned as long term retention - that is, where trees are retained for as long as possible in order to meet specific objectives such as landscape and visual or other amenity enhancement, often well beyond the age at which such trees would normally be felled for commercial reasons. 5.3 With wind farm forestry management proposals RWE s proposals for with wind farm forestry management are set out in detail in the SEI 2013 (Vol 4 Plan 1.3 Forestry Management Plan, Figures 1 & 2). I therefore confine my evidence to the following salient features of the Plan as follows: The FMP has been revised subsequent to the SEI 2011 to integrate with the reprioritisation of SEI 2013 Habitat Restoration Management Plan objectives The FMP presumes that all forestry growing on soils where peat depth is >50cm will be permanently removed i.e. not replanted and restored to priority open habitat. For crops felled from areas where peat depth is <50cm and that are earmarked for habitat restoration there is scope for some planting of broadleaved woodland (see SEI 2013 Plan 1.3 FMP Para 68) to help meet Habitat Restoration Management Plan objectives The revised FMP is therefore predicated on restructuring the forest in order to initiate early commencement of blanket bog and wet and dry heath habitat restoration whilst continuing to accommodate the technical requirements of the wind farm The area of forest to be permanently removed has been reduced from the SEI 2011 gross area of 1,742ha to SEI 2013 area of 1,409ha. The latter represents a nett stocked area of 1,235ha (see Paragraphs 51 and 52 and Table 3 of Plan 1.3 SEI 2013). Felling will be carried in four phases spread over a 7-year period as shown in Fig 2 of Plan 1.3 SEI

7 ha (18% of the net forest area) will be retained unfelled as long term retention for as long as physically possible, notwithstanding intervention by natural occurrences such as disease or windblow - up to and including the 25- year operational life of the wind farm for landscape and visual purposes (see Fig 1, Plan 1.3 SEI 2013) ha in the north of the forest has been retained with the option for managing on a more normal (i.e. without wind farm) commercial forest management basis over the next 20 years (see Fig 1, Plan 1.3 SEI 2013). 5.4 Integration of forestry management proposals with the HRMP Whilst this matter is dealt with in detail in Mr Lowther s evidence, in summary: The FMP integrates closely with the objectives of the revised Habitat Restoration Management Plan as set out in SEI 2013, the highest priority of which is the restoration of as many as possible of the areas identified by the peat and ecological survey work as being potential blanket bog habitat that underlie the existing conifer plantations Accordingly the proposed felling programme will facilitate the restoration of at least 460ha of blanket bog habitat from the previous single species conifer plantations. Other areas felled either during the initial seven-year project period or subsequently during the lifetime of the wind farm will be progressively restored to wet and dry heathland together with scope for replanting native broadleaved woodland on soils where peat depth is <50cm. 6 ISSUES & OBJECTIONS 6.1 I am not aware of any issues or objections having been raised pertaining specifically to forestry nor has NRW (incorporating the former FCW) responded to Plan 1.3 of SEI 2013 (the FMP). However I am aware that some points of concern have in the past been raised by FCW concerning aspects of previous forestry felling proposals set out in the ES. I deal with these below: 6.2 The project is proposing the felling of 1,726 hectares of forestry and the return of the site to mainly open ground habitat. The ES does not appear to explore the opportunities for conversion of any significant area of the development to native or mixed woodland Since this issue was raised, under the Revised FMP the scale of removal of forestry simply to accommodate the wind farm has been mitigated by significantly reducing the gross area of forest proposed for removal from 1,742 ha to 1,409ha with provision for restoration of at least 460ha of blanket bog priority habitat, plus additional areas of wet and dry heathland and an element of native broadleaf planting. 6.3 The project proposes clear felling of 1,726ha. FCW questions the necessity of clear felling rather than keyhole felling Although FCW accepts that windblow may mean that keyhole felling is not an option in some of the area, this does not prevent replanting of some of the felled areas. 7

8 6.3.1 In my opinion the applicant has demonstrated that clearfelling on the scale proposed has not only been reduced from the ES figure of 1,742ha (as I have already referred to in above) to accommodate the technical requirements of the wind farm but that this reduction also facilitates the proposed scale of priority habitat restoration distributed widely across the site (see Fig 2 Plan 1.3 SEI 2013). For this particular application, therefore, keyhole felling alone would not achieve the scale of open habitat restoration proposed under the HRMP. 6.4 FCW is concerned that the loss of woodland will have a detrimental effect on climate change mitigation and the loss of opportunities for wood to be used as a substitute for high energy products such as steel and concrete The applicant has demonstrated that if implemented, integration of the wind farm development with delivery of the proposed Habitat Restoration and Management Plan objectives would result in a significant enhancement to biodiversity in Wales that would outweigh any detrimental effects of permanent woodland removal on climate change mitigation. 6.5 The ES does not consider the economic impact of removing forest cover. FCW would point out that the potentially significant impact that the loss of this productive woodland would have on down stream processing In my view the scale and duration of the felling plans set out in the FMP estimated to yield some 207,000 tonnes of marketable timber over the initial 7 years of the project (see Section 5.5 and Table 6 of Plan 1.3 SEI 2013) - would serve to support the processing capacity of national small roundwood and more local sawlog market outlets without unduly distorting the marketplace, as well as safeguarding harvesting and down stream processing employment. Furthermore, the revised FMP proposes the retention of some 280ha (described in the FMP as Delayed Felling ) within the area of the forest previously earmarked for immediate felling to accommodate the wind farm, to provide for continuation of timber production for some 20 years beyond the date of consent. 6.6 The project does not propose any compensatory planting. FCW proposes that compensatory planting of new woodland is considered to ensure that the development does not impact adversely on the Welsh Assembly Government s Strategy for Woodlands and Trees - Woodlands for Wales The applicant has shown that the net environmental and biodiversity benefits delivered by the project s habitat restoration proposals will outweigh any possible adverse effects of permanent forest removal. In light of this, the proposed forestry removal does not trigger a national forestry policy requirement for compensatory planting. 8

9 7 MITIGATION & CONDITIONS 7.1 Mitigation As set out in detail in the FMP, a Felling Methodology Matrix is proposed which provides a decision making framework within which a range and combination of appropriate felling techniques will be matched to specific site requirements and habitat restoration objectives as these present themselves prior to commencement of, and during, the various felling phases The timing and extent of each of the felling phases and associated felling operations have been designed to meet the requirements of the UK Forestry Standard and other relevant recommended best practice guidelines particularly with regard to minimising potential impacts on water quality and flows. These are set out in detail in SEI 2013 Chapter 13 (Hydrology and Hydrogeology Appendix 13.4).The associated mitigation measures are set out in detail in Dr Edward s evidence and also referred to in Mr Lowther s evidence, so I do not repeat these here. 7.2 Conditions As will be the case for the draft Habitat Restoration and Management, Peat and Construction and Environment Management Plans, the FMP will be a live document subject to on-going review and updating as required prior to, and during, felling operations, in order to reflect and respond to site conditions and findings. Submission by RWE of a 25-year FMP for approval by Powys County Council would be secured under an appropriate planning condition or by an obligation set out in a Section 106 Agreement. 8 SUMMARY AND CONCLUSIONS 8.1 Through my involvement in the planning of the Carnedd Wen wind farm and habitat restoration project, discussions with NRW, the applicant, the current forestry managers and close collaboration with Dr Mills, Dr Edwards and Mr Lowther, I have drawn the following conclusions: 8.2 The primary objective of the current forest owner - in the absence of a wind farm - is to continue to manage the Carnedd Wen forest for commercial timber production over the next 20 years through a programme of progressive felling, followed by restocking, with principally exotic conifers. However, this objective could be constrained by national policy under which there is a presumption against afforestation or restocking on peat >50cms deep. Under the on-going without wind farm forest management, therefore, there is inherent tension between the owner s commercially driven objectives and national objectives for restoration of priority habitat restoration, leading to uncertainty as to the future timing and composition of the forest. 9

10 8.3 In contrast, comparison of the with wind farm Forestry Management Plan with the without wind farm forest plan shows that, were the development to proceed, permanent replacement of known areas of exotic conifer plantations with a substantial area of restored EU and UK priority habitat could be initiated over a clearly defined and accelerated timescale and with clearly defined restoration outcomes. Indeed, this restoration would commence in advance of the wind farm construction itself. 8.4 Furthermore, the with wind farm Forestry Management Plan also retains scope for part of the forest to be retained for on-going forestry purposes, rather than permanent removal of forest cover, together with long term retention of 18% of the forest for landscape and visual mitigation purposes. 8.5 The quantities of marketable timber to be harvested during each of the felling phases need not have an adverse impact on national and/or local timber markets given appropriate forward planning. 8.6 The proposed FMP is fit for purpose with regard to accommodating the technical requirements of the wind farm, enabling delivery of the habitat restoration and management objectives, preventing damage to surviving areas of peatland vegetation and minimising other environmental impacts. 8.7 I conclude, therefore, that as a result of the thorough and collaborative site investigations and analyses undertaken to inform the wind farm design together with the proposed mitigation measures, integration of the Forestry Management, Construction and Environment, Peat, Drainage and Habitat Restoration Management Plans will facilitate construction of a wind farm not only in ways that address potential environmental impacts, but that will provide the catalyst for yielding net biodiversity benefits over a considerably shorter timescale than if the development did not proceed. 10

11 9 DECLARATION I declare that: (a) (b) (c) (d) that, to the best of my knowledge, information and belief, this Proof of Evidence complies with the requirements of the giving of expert evidence and, as a witness, I understand my duty to the Inspector and have complied with this duty, that I believe that the facts I have stated in this Proof of Evidence are true and that the opinions I have expressed are correct, that the Proof of Evidence includes all the facts which I regard as being relevant to the opinion which I have expressed and I have drawn to the attention of the Inspector any matter which would affect the validity of that opinion, and that provision of the Proof of Evidence complies with the Institute of Chartered Foresters Code of Ethics, Professional Values and Rules for Professional Conduct and Practice. Signed. Dated 4 October