Annex 1. Case Studies/Good Practice Examples

ANNEX 1. CASE STUDIES/GOOD PRACTICE EXAMPLES

1.1. Examples of quarry positive impacts

SPA designated in a quarry in Slovakia

One of 38 SPAs submitted by the SlovakRepublic before entering to EU is called Dubnické štrkovisko. It is the result of industrial excavation of gravel in the alluvium of the VahRiver in last decades. Thanks to not complete excavation (leaving small islands),a close-to-nature site was created. After interruption of the activity there was a fast succession that led to creation of high quality habitat for wild birds. The site of ca.60 ha is one of 3 best nesting habitats of Sterna hirundo dependent on regular management of nature succession (done by both state and non-governmental bodies). There are 6 other nesting bird species, including Ixobrychus minutus, Riparia riparia and Porzana porzana and locality is also used for migratory species and partly for hibernation (in mild winters). The site keeps its ecological character despite to the fact that it is a part of approved mining area and is located in a strongly modified area by man (near town of Dubnicanad Váhom and highway).

Eagle owls (Bubo bubo)in German quarries

The eagle owl is the biggest of all European owls and it is listed in Annex I of the Birds Directive. It is know that eagle owls nest in rocky, mountainous forests and on inaccessible mountainsides and cliffs, but these days, most are to be found in rock quarries. This fact led a German extractive company and a nature conservation organization to produce a guide providing some good practice examples for the conservation of eagle owl in quarries.

Hereafter, these good practices include:

-Quarries may offer good nesting opportunities for eagle owls.Since eagle owls do not build nests, but scrape out hollows at suitable points such as in niches and caves and on rock projections on inaccessible (and therefore safe) cliff ledges, they can find structures like this in quarries, which are formed all the time by mining work.

-In quarries where the rock is mined using hydraulic breakers rather than by blasting, such structures are less common. Quarry operators can help here by creating artificial nesting areas.

-It is even possible to help eagle owls during rock mining. Quarry operators can remove material in such a way as to create niches up to 2 metres deep rather than leaving smooth faces.

-The more nesting spaces available, the easier it is for an eagle owl to get over the loss of an old nesting place caused by mining progress.

-Eagle owls regularly return to their nesting sites. Areas that have been recognised as nesting areas can be kept free of mining activities.

-Quarries or waste rock piles, where work has been completed, can be marked as no-go areas to protect nesting places. Humans should avoid these areas so as not to disturb the birds.

Eagle owls biology features to consider when adopting conservation measures/practice.

• Eagle owls breed from mid-January to the end of March.

• The four-week hatching period starts in April.

• The parent birds care for their young between May and July.

• The young leave their parents between August and September.

• These times may vary depending on the region and the weather.

• Having chosen a nesting site, many eagle owls return consistently.

From Bundesverband Baustoffe – Steine und Erden e.V., Berlin, NABU, Naturschutzbund Deutschland, Bonn. 2007.Betreiber von Steinbrüchen sichern den Lebensraum von Uhus

Mining site of Gambach (Hesse)

The active mining operations at the Gambach location have been certified as a European bird sanctuary (V 40 »Wetterau«) in accordance with the Birds Directive (79/409/EEC). Populations of three bird species that have settled in the mining area (sand martin or bank swallow, wheatear and ringed plover) are among the five most thriving populations in the state of Hesse, as the open and freshly excavated sand surfaces provide the kind of desirable conditions for these birds only rarely find in Germany. During the mining process, employees are careful not to disturb or destroy the birds’ nests, or if this is unavoidable, to replace them elsewhere in the pit. In order to provide sufficient habitat for the population of bank swallows and ensure they continue breeding in the mining area, the mining operations plan approved in 1997 sets aside sufficient steep banks for each respective breeding season. No extraction takes place in these areas during the breeding period. Additional individual measures described in the mining operations plan also ensure that no birds settle in the areas designated for extraction of minerals. The Gambach location is proof that the extraction of silica sand can achieve to create valuable conservation areas.

Experience of the Quarzwerke Group with Natura 2000. Quarzwerke GmbH. 2008. Sustainabiñity Report

Une étude sur la biodiversité dans les carrières en France*: vers les bonnes pratiques

121 espèces d’oiseaux, 19 espèces de reptiles, 16 espèces d’amphibiens, 81 espèces de sauterelles et criquets, soit 362 espèces dont 164 à forte valeur patrimoniale. Voici ce que l’on a trouvé dans 35 carrières de roche massive, sans oublier 1092 espèces de végétaux, dont 96 à forte valeur patrimoniale.

C’est le résultat d’une étude menée par le cabinet Encem, sous la direction d’un comité scientifique incluant le Muséum National d’Histoire Naturelle, et commandée par l’Unicem (Union nationale des industries de carrières et matériaux de construction - 20% de leurs sites(*) sont concernés par Natura 2000). Les carrières abritent, en l’occurrence, 35 à 55% des espèces animales présentes sur le territoire national. Elles constituent des refuges pour des espèces privées de certaines configurations de paysage, suite à l’aménagement de la nature par l’homme : fronts sableux pour l’hirondelle de rivage, falaises pour le grand duc, qui était devenu très rare en France au milieu du siècle dernier, éboulis pour d’autres.

Ces travaux, dont la synthèse vient d’être faite, donneront lieu à la publication, en 2009, d’un guide des bonnes pratiques, de la conception au réaménagement, en passant par l’exploitation. En effet s’il suffit au carrier de faire son métier – les espèces animales se satisfont très bien de la proximité des engins – il lui faut apprendre des gestes favorables à la vie sauvage : laisser des falaises non aménagées présentant une «rugosité», comme il faut ménager des pentes douces dans les exploitations de matériaux alluvionnaires. Ces dernières ont eu mauvaise presse, mais on sait maintenant, grâce à une étude du même genre menée à partir de 1995 sur 17 sites - qui a donné lieu à la publication d’un guide en 2000 - combien elles peuvent servir de refuge à des espèces parfois menacées.

«Les étendues de sable nu sont nécessaires à certains oiseaux pour nicher, comme le petit gravelot» explique Bernard Frochot, président du conseil scientifique du patrimoine naturel de Bourgogne.

Michel Roche (Matériels et chantiers, Paysage Actualités)

(*) La France compte 3000 carrières.

1.2. Mineral planning

«Schéma Departémental des Carrières» in France

A Quarry Plan has to be prepared for each Department (NUTS 3) according to law (Loi 93-3, 4 January 1993). The aim of so-called Quarry Department Scheme (Schéma Departémental des Carrières) is to organise the access to mineral resources taking into account all constraints and in particular those related to the protection of the environment. The plan provides mapping in which the deposits are classified according to main constraints and possibilities for exploitation. Three main classed are defined:

-Deposits that can not be exploited owing to severe constraints: natural reserves, protection areas for water collecting, etc.

-Deposits that can be exploited but are subject to less severe constraints: sensitive natural areas, Natura 2000, etc.Quarries may be allowed provided that adequate measures are taken in relation to the existing constraints.

-Deposits that have no particular constraints and can be exploited in accordance with existing regulations.

The Scheme is prepared by a Department Commission set up with the participation of competent administration, local stakeholders, environmental and agrarian associations, representatives of extractive materials producers and consumers. The Plan generally contains:

-Inventory and mapping of mineral deposits in the Department (aggregates, industrial minerals, rocks…).

-Evaluation of demands, materials supply and transport (data, orientations and objectives).

-Environmental analysis (impacts and solutions).

-Landscape integration and rehabilitation of sites. Guidelines for rehabilitation on landscape units.

-Mapping of constraints.

-Zoning.

Guidelines for mineral planning in England

Minerals Policy Statements set out the Government’s national planning policies for minerals planning in England. MPS 1 concern planning and minerals and should be taken into account by planning bodies in the preparation of Regional Spatial Strategies and Local Development Documents. Specific objectives are provided for different types of materials in four annexes (aggregates, brick clay, natural building and roofing stone, oil and gas).

Where minerals development is proposed within, adjacent to, or where it is likely to significantly affect a Natura 2000 site, specific Planning Policy Statements (PPS9: Biodiversity and Geological Conservation) and guidelines[1] must be taken into account. These set out clear rules and conditions for the development of activities that are likely to have adverse effects on the site. The roles and responsibilities of the planning authority, the project developer and English Nature (currently Natural England) who must be consulted as regards the assessment of effects, are identified.

The contents of an appropriate assessment, the options for public consultation, the assessment of alternative solutions, the consideration of imperative reasons of overriding public interest and the conditions for the implementation of compensatory measures are covered in these guidelines. The procedures for permits given before the creation of the Natura 2000 network, where a review by competent authorities is necessary, are also described.

National planning policy outlines how individual Mineral Planning Authorities (MPA) should undertake their mineral planning. Each MPA produces a Mineral Development Framework, sometimes combined with a Waste Development Framework. These frameworks comprise a suite of documents, and most MPAs are in the process of producing some or all of these documents. ‘Planning Policy Statement 9: Biodiversity and Geological Conservation’ states that Local development frameworks should:

(i)indicate the location of designated sites of importance for biodiversity and geodiversity, making clear distinctions between the hierarchy of international, national, regional, and locally designated sites; and

(ii)identify any areas or sites for the restoration or creation of new priority habitats which contribute to regional targets, and support this restoration through appropriate policies.’

This statement of national policy makes it clear that Local Development Frameworks, including Mineral Development Frameworks, play an important role both in avoiding conflict between development such as mineral extraction and in supporting a ‘net gain’ in biodiversity. By discussing the end-use of proposed new mineral extraction sites with stakeholders at the earliest possible opportunity, opportunities for habitat creation through mineral site restoration can be identified.

Raw material policy of the SlovakRepublic

The raw material policy of the SlovakRepublic (approved by the governmental resolution No. 722 of July 14th, 2004)[2] includes and analysis of relevant data and identifies the following objectives:

-long-term objective: utilization of raw materials based mainly on common European market and sustainable development

-medium-term objective includes: minimization of raw material excavation in protected areas, analysis of mutual conflicts and re-evaluation of raw material resources within protected areas as well as setting limits and lines of surface excavation and its application in the territorial plan that are main tools to meet needs of regional and long-term use of resources.

There are 14 measures attached to the above policy. Measure No 8 concerns the evaluation of raw material potential in large-scale protected areas (national parks, protected landscape areas) and specially protected areas and culture heritage sites as the base for the decision making process in order to promote optimal use of resources and to limit negative impacts to landscape environment.

In accordance with this measure, a project was implemented to analyse the overlapping of protected areas and raw material deposits. The project resulted in a detailed analysis of deposits versus all categories of protected areas (including Natura 2000).

Altogether 227 deposits were analysed that are located in 9 national parks, 13 protected landscape areas, their buffer areas or adjoining zones of influence. Borders of protected areas (including Natura 2000 sites) that overlap with borders of deposits were also analysed.

The project was implemented in 2004-2007. As not all Natura 2000 sites were considered, the analysis further continues.In 2008 all the data have been revised, commonly by mining, geology and nature protection bodies in order to better understand: which are actual overlaps, how far Natura 2000 sites are “limiting“ extractive actvities, and what are the possible solutions in sites that are subject of interest of both, mining and nature protection. Collecting data involved also other “categories“, such as so called research deposits as well as deposits excluded from the evidence.

Examples from outside EU

The ILM Approach in Canada

Integrated landscape management (ILM) is a concept that allows people from totally different perspectives and priorities to discuss, debate and collaborate on making progress towards establishing a better approach to land use management and resource use.

In 2003 the Prospectors and Developers Association of Canada (PDAC), in partnership with Wildlife Habitat Canada and the Biodiversity Office of Environment Canada, established the Canadian Coalition for Integrated Landscape Management (CCILM) involving representatives from national associations and individual companies of the forestry, energy and mining industries, conservation interests, academia, provincial and federal governments and aboriginal peoples to furthering the development and acceptance of ILM.

Some of the key elements of an ILM system that enable it to function include:

1. Scenario Modeling: to project the consequences of today’s decisions into the future, so that preferred options can be made in the most informed manner;

2. Research, Monitoring and Data Management: providing new information, performance against objectives and access to the best available data to inform decisions and feedback into the adaptive management process;

3. The application of thresholds: benchmarks indicators used to estimate the limit or capacity of an ecosystem to accommodate land use;

4. Risk Assessment & Cumulative Effects Management: all of the elements above allow for the effective implementation of risk assessment;

5. Conservation Planning: a conservation framework can be developed tailored to the needs of the landscape and employing an array of conservation tools (including protected areas)

Governments and industry have adopted some of its elements and gone part of the way. But no one has yet committed to operationalizing the full system. As a result planning and decision-making systems are fragmented and incremental and still divided along sectoral lines. Progress towards implementing fully operating ILM systems on the land will depend on the ability of individual communities of interest to reach beyond their own focussed agendas and embark on a process of collaboration.

INTEGRATED LANDSCAPE MANAGEMENT- ILM. Applying Sustainable Development to Land Use. Tony Andrews, PDAC. 2008

Canada’s MERA Process

The Mineral and Energy Resource Assessment (MERA) process was established in 1980 to ensure that mineral and energy resource assessments are completed on lands where such resources are administered by the Federal Government, before boundaries for national parks are determined. The federal MERA process helps to balance two major facets in sustainable development of this land: maintenance of ecological integrity and extraction of non-renewable resources.

The MERA process is the primary means whereby INAC (Indian and Northern Affairs Canada), Parks Canada, Natural Resources Canada (NRCan) and the territorial governments cooperate in conducting mineral and energy resource assessments. Because MERAs are done before national parks are established in Nunavut, the Northwest Territories and the offshore of Canada, the MERA process is an integral part of the national park establishment process. The steps in the process have been clearly laid out in the MERA Terms of Reference (Government of Canada, 1995), thereby keeping the process transparent and easy to understand.

MERA reports have contributed to decisions on boundaries of protected areas that allow access to areas of high mineral and energy potential, without compromising park conservation aspects. Identification of variations in prospectivity of geological domains that transect national parks has increased exploration activity outside of the parks while confirming lower potential within the final park boundaries. Improved geological knowledge increases confidence that the parks can be established without seriously compromising future non-renewable resource development.

The MERA process is limited by what we know of mineral and energy deposit models and the availability of data. Government geoscientists play an important role in closing this gap in knowledge as they develop tools and applications in the areas of remote sensing, ground level geophysics, geochemical analysis, field techniques and spatial data integration techniques.

D.F. Wright, C.W. Jefferson, M.M. Burgess and L.-A. Lapalme. Canada’s MERA Process and the Role of Earth Sciences. 2003

1.3. Impact assessment

Methodology used for EIA and art. 6.3 assessment in a planned quarry close to a Natura 2000 site in France (from Ecosphére)

In general, impacts derived from quarrying are divided into:

1. Impacts on the project site and impacts on in the surrounding area;
2. Impacts in the different phases of the project cycle, which vary from a maximum during the construction and operation phases to reduced impacts during the rehabilitation, when the site is re-conolized by spontaneous flora and fauna or by species reintroduced on purpose during this last phase.

Four types of impacts are defined in relation to spatial and temporal occurrence:

IMPACTS / During operation / After rehabilitation
On the site / TYPE 1 / TYPE 2:
In the surrounding area / TYPE 3: / TYPE 4

TYPE 1: Maximum impact. The habitats and the soil that support them are removed.

TYPE 2: After the project closure, the rehabilitation of the site leads to its colonisation by vegetation and animal species. This process depends on the characteristics of the extractive activities (geometry, depth, slopes…) and on the quality of rehabilitation activities. The environment has been profoundly modified and residual impacts may subsist. Furthermore, new impacts could arise depending on the site’s evolution and it use after rehabilitation.