Proposed 38Kv Underground Electric Grid Connection to Permitted Wind Farm at Cullenagh, Co

Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois

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July 2016

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Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

TABLE OF CONTENTS

1 INTRODUCTION ...... 1 2 PROPOSED DEVELOPMENT ...... 3

2.1 DESCRIPTION OF THE PROPOSED DEVELOPMENT ...... 3

2.2 PROPOSED GRID CONNECTION ROUTE ...... 10

2.3 ROAD OPENING LICENCES AND TRAFFIC MANAGEMENT ...... 11

2.4 OTHER CONSIDERATIONS ...... 11 3 LEGISLATIVE CONTEXT ...... 13

3.1 DEFINITION OF EIA ...... 13

3.2 REQUIREMENT FOR EIA ...... 13 3.2.1 Planning Status of Electricity Cables ...... 14

3.3 REVISED GUIDELINES ON THE INFORMATION TO BE CONTAINED IN ENVIRONMENTAL IMPACT STATEMENTS –

DRAFT SEPTEMBER 2015 ...... 16

3.4 MANDATORY EIA ...... 16

3.5 EIA FOR SUB-THRESHOLD DEVELOPMENT ...... 17

3.6 DEFINITION OF ‘PROJECT’ ...... 18 4 EIA SCREENING EVALUATION ...... 20

4.1 SCREENING METHODOLOGY ...... 20

4.2 MANDATORY EIA ...... 21 4.2.1 Conclusions Regarding Mandatory EIA ...... 21

4.3 EIA FOR SUB-THRESHOLD DEVELOPMENT ...... 21

4.4 EVALUATION CRITERIA FOR DETERMINING LIKELY SIGNFICANT EFFECTS ...... 22 4.4.1 Characteristics of the Proposed Development ...... 22 4.4.2 Location of the Proposed Development ...... 28 4.4.3 Characteristics of Potential Impacts ...... 29 4.4.4 Sub Threshold Development Checklist ...... 46 4.4.5 Conclusions Regarding Sub-threshold EIA ...... 51 5 ASSESSMENT AND CONCLUSIONS ...... 52

5.1 MANDATORY EIA ...... 52

5.2 EIA FOR SUB-THRESHOLD DEVELOPMENT ...... 52 5.2.1 Characteristics of the Proposed Development ...... 53 5.2.2 The Location of the Proposed Development ...... 53 5.2.3 The Characteristics of the Proposed Development...... 54

i Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

APPENDICES

Appendix A EIS submitted with PRR 13/268 & Appeal Submissions

Appendix B ESB Standard Specification for 38kV Networks Ducting/Cabling

Appendix C Courtney Deery Cultural Heritage Report

LIST OF FIGURES

Figure 1.1 – Grid Connection Route ...... 2

LIST OF TABLES

Table 4.1 – List of Projects which may contribute to Cumulative Impacts ...... 24 Table 4.2 - RMP Sites within c. 100m of the proposed cable route...... 43 Table 4.3 - RPS / NIAH Sites along the proposed cable route ...... 44 Table 4.4 – EIA Sub Threshold Development Checklist ...... 47

ii Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

1 INTRODUCTION

1 Coillte Teoranta proposes to install a 38kV underground electricity cable between a permitted wind farm at Cullenagh and an existing ESB substation on the Abbeyleix Road in Portlaoise.

2 RPS has been instructed to undertake an Environmental Impact Assessment (EIA) Screening to determine if an Environmental Impact Statement (EIS) is required to be prepared for the proposed development. The EIA screening process ascertains whether a development requires EIA and is determined by reference to mandatory and discretionary provisions.

3 This screening report is to detail findings from a desktop analysis (Construction Methodology, AA screening, and Cultural Heritage Assessment) of the receiving environment that may be affected by the proposed development and to further document the procedures and outcome of the process undertaken as part of the screening assessment. The report is to establish whether there are any likely significant effects of the proposal on the environment, in combination with the Cullenagh Wind Farm (and other plans and projects). This has been done to address in particular the O’Grianna judgement and the requirement that a ‘cumulative’ assessment of wind farm works and grid connection works be undertaken to establish if the combined works are likely to have a significant effect on the environment. The planning permission for the Cullenagh Wind Farm was granted by An Bord Pleanála on 13th June 2014, prior to the High Court’s ruling in O’Grianna.

4 The study has taken into account the EIS submitted with the planning application for the related windfarm at Cullenagh (Laois PRR. 13/268), and has been used in order to assess the cumulative impacts of the entire project, as well as the submissions made during the course of the First Party appeal and the conditions attached to the Board’s Order (ABP Ref. PL 11.242626). This informs this EIA screening exercise (see Appendix A). In addition in combination impacts associated with other plans and projects are set out in Section 4.4.1.2.

5 This EIA screening is set out as follows:-

x Section 2 of this document sets out an overview of the proposed project.

x Section 3 examines the legislative context of the screening exercise.

x Section 4 of the document presents an evaluation of the proposal in respect of relevant guidance in relation to screening for an EIA.

x Section 5 provides conclusions.

1 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Figure 1.1 – Grid Connection Route

MDR0686ARp029D06 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

2 PROPOSED DEVELOPMENT

2.1 DESCRIPTION OF THE PROPOSED DEVELOPMENT

1 The proposal subject of this EIA screening is a proposed underground electricity cable of 38 kV (which relates to a grid connection of some 15.4 km between the permitted wind farm and the existing substation in Portlaoise) to a permitted wind farm at Cullenagh which comprises 18 no. turbines (including associated infrastructure), and which was subject to an EIA, previously.

2 The permitted Cullenagh wind farm substation will be a tail substation and will connect to a transmission substation or node at the existing ESB Substation on the Abbeyleix Road in Portlaoise using 38 kV underground cable. The cable routes will be laid for the majority (78%) of its route along public roads in accordance with the system operator’s ‘Specification of underground circuits’ or appropriate industry standard for medium voltage cable.

3 The turbines will be connected by underground cable to the permitted wind farm substation which will in turn be connected to the national grid at the existing ESB Substation on the Abbeyleix Road in Portlaoise. The route traverses a number of bridges. No instream works are required as part of the proposed scope of works.

4 Protective measures have been built into the programme design (please refer the Outline Construction Methodology and associated Outline Surface Water Management Plan which is provided under a separate cover) to prevent deleterious substances (arising from the proposal) entering watercourses or drains.

5 The 38kV underground cable will be provided in ducting; the installation of joint bays, chamber bays and sheath link boxes also underground; and the placement of above ground inspection chambers, marker posts and marker plates, along with all other ancillary works, for example placement of marking tape, specified bridge works, temporary construction / traffic management/environmental protection works.

6 The underground cables will be installed within ducting in excavated trenches of approx. 1.2m deep. Cables will be pulled through in sections of approximately 600 – 800mm. This is the typical maximum for the length of cabling that can be pulled between joint bays and therefore influences the location of the joint bays. These joint bays will be approximately 6m in length, 2.5m wide and 2.5m. Chamber bays (for communications chambers) and sheath link boxes will be provided adjacent to each joint bay. The communications chambers will be approx. 1.1m wide, 1.52m long and 1.5m deep.

7 The works will be carried out within the public road and adjacent verges other than at either end where the development will be carried out within land connected to the substations at either end of the route.

8 All road excavations will be carried out on a phased/rolling basis. This will ensure minimal disturbance to local road users, including residents and workers.

3 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

2.1.1.1 ‘Open Country’ Works

9 The proposed cable route will traverse approximately 1.2km of improved grassland as the route leaves Cullenagh Mountain and runs down towards Ballyroan.

10 Power ducts will be placed within a trench approximately 1.2m deep and 0.6m wide with a minimum cover of 0.95m from the top of the ducts.

11 All trenching works are to be undertaken using a cut and fill procedure, to ensure that only short sections of the trench are open at any one time. Where topsoil is removed it will be stored separately for reinstatement later. Grass will be reinstated by either seeding or by replacing grass turves.

12 An assessment of all areas of natural drainage from the area of works has been carried out, and protective measures have been built into the programme design to prevent any material draining from the trenching works into adjacent drainage ditches or streams (Please refer to the Outline Construction Methodology and associated Outline Surface Water Management Plan which is provided under a separate cover)).

13 The proposed sequence of works is as follows:-

Excavate the trench to the required dimensions, approximately 1.2m deep and 0.6m wide; Place a level 65mm blinding layer with semi-dry leanmix concrete at the base of the trench; Place and joint the cable trefoil 110mm HDPE power ducts using cable ties at 3m intervals; Lay in and compact a 300mm layer of leanmix concrete CBM4 around and above ducts; Place an additional 90mm of CBM4 and install the 400mm wide red marker strips above the duct positions; Install a single 110mm HPDE communications cable duct, or two where required spaced a clear 200mm apart using appropriate spacers; Lay in and compact an additional 185mm of CBM4, and place another 400mm wide red marker strip above; Final backfill layer to include a 500mm wide yellow warning tape 300mm below the finished surface.

2.1.1.2 ‘In Road’ Works

14 It is proposed to install the majority of the ducting in the body of public roads (some 78% of route). The proposed route will also run along approximately 1,450m of forestry tracks at Cullenagh Mountain in order to connect to the planned substation.

15 The 38kV grid route will be installed either directly within the road or in the roadside verge. This will depend primarily on the available verge width, presence of existing utilities and the nature of the road and adjoining terrain. In some instances it may not be feasible to excavate

4 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

trenches within the verge if there is a risk that the edge of the road may be destabilised. This is a particular risk on raised embankments. In such scenarios it would be preferable to excavate a trench within the middle of the lane, or the middle of the roadway. Additional stabilising measures may be required to reinforce the verge and edge of the road.

16 Power ducts shall be placed in accordance with the ESBN Specification, within a trench approximately 1.2m deep and 0.6m wide with a minimum cover of 0.95m from top of trefoil group of ducts. ESB communications ducts should be placed with a minimum cover of 0.75m. All trenching works shall be undertaken using a cut and fill procedure, to ensure that only short sections of the trench are open, all trenching works shall be covered during wet weather conditions to prevent surface water entering the trenching works. The footprint of the works shall be kept to a minimum.

17 A detailed method statement regarding the ducting works will be provided by the building contractor in advance of works which will comply with the minimum requirements specified in the Outline CEMP and Outline Construction Methodology. The detailed construction method statement is required to be prepared as part of the detailed CEMP.. This will be reviewed by the Project Ecologist or Civil/Environmental Engineer to ensure adequate environmental protection measures have been incorporated and will adhere to guidance and will implement best industry standards/practice, as well as specific measures to protect water quality.

18 An assessment of all areas of natural drainage from the area of works has been carried out and protective measures have been built into the programme design to prevent material draining from the trenching works into adjacent drainage ditches or streams (Please refer to the Outline Construction Methodology and associated Outline Surface Water Management Plan which is provided under a separate cover).The proposed sequence of works is as detailed above.

2.1.1.3 ‘Bridge Crossings’ Works

19 There is no in-stream works proposed as part of the grid connection construction. Detailed assessments of bridges and culverts will be conducted and shall involve survey of the structural dimensions to establish the available depth below the road surface for the cable crossing. Existing utility crossings will also be identified.

20 Where there is sufficient depth of cover in the road or roadside verge at a given bridge crossing, the 38kV cable ducting shall be installed in the roadside verge across the bridge, or within the road itself where there is no verge or the verge is too narrow. If there is a risk to the stability of the parapet or spandrel walls the ducting may be placed in a trench towards the centre of the lane or the road itself, maintaining a greater separation distance from the parapets.

21 If there is insufficient depth within the road base, then an alternative method may be required such as directional drilling below the bridge foundations. In certain scenarios where insufficient depth is available it may be possible to create a raised verge to encase the cables within galvanised steel plates and concrete. Alternatively, a less preferred option may

5 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

be to attach the cables externally along the spandrel wall. No instream works are required as part of the proposed scope of works.

22 Protective measures have been built into the programme design (please refer to the Outline Construction Methodology and associated Outline Surface Water Management Plan which is provided under a separate cover) to prevent deleterious substances entering watercourses or drains.

23 In addition to the bridge and culvert crossing associated with water course/ drain crossing there is a crossing of the M7 motorway via the Rathleague overbridge on the R425. The works to the bridge that are required to facilitate the grid connection works will include, inter alia, the removal of bridge surfacing and waterproofing and bridge joints, the provision of raised verges of concrete construction to house service ducts, the provision of access chambers, the taking down of the existing 1.0m high bridge parapet, the modification of the existing reinforced concrete parapet plinth, the provision of a new parapet system that will be 1.25m high in accordance with current TII standards, the replacement of bridge deck surfacing and waterproofing and bridge joints, the replacement of road lining, marks and studs. The works will require motorway traffic management to assist with the erection of specialist access formwork for parapet replacement.

2.1.1.4 ‘Directional Drilling’ Works

24 As stated above, the ducting will be placed in the body of the road wherever possible, pending detailed site investigation. Should it not be possible to cross watercourses/ drains in the body of the road, then directional drilling will be used. No in-stream works are proposed for the duct installation. Directional drilling is proposed at the floating road section, which includes the crossing of three watercourses/drains (watercourse/drain crossings 4, 5 and 6, Figure 1.1).

25 The exact location for launch and reception pits shall be examined before the commencement of works by an ecologist to ensure sensitive habitats adjoining the river are avoided. A constraints zone shall be identified and implemented at each crossing location. The purpose of the constraint zone is to:

1. Limit physical damage to surface water channels; 2. Provide a buffer against hydraulic loading by additional surface water run-off; 3. Avoid the entry of suspended sediment and associated nutrients into surface waters from excavation and earthworks associated with the grid connection works; and 4. Provide a buffer against direct pollution of surface waters by pollutants such as hydrocarbons from construction plant materials used during construction and chemicals or waste associated with temporary on–site sanitary facilities.

26 The following measures shall be implemented in order to avoid the impacts of the release of suspended sediment and associated nutrients during earthworks and removal of vegetation cover:

6 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Protection of the riparian zone of watercourses by implementing a constraints zone around stream crossings, in which construction activity shall be limited to the minimum. No stock-piling of construction materials shall take place within the constraints zone. No refuelling of machinery or overnight parking of machinery is permitted in this area. No concrete truck chute cleaning is permitted in this area; Works shall not take place at periods of high rainfall, and shall be scaled back or suspended if heavy rain is forecast; Plant shall travel slowly across bare ground at a maximum of 5km/hr. Bog mats will be employed to protect tracked areas as necessary. Machinery deliveries shall be arranged using existing structures along the public road. All machinery operations shall take place away from the stream bank. Any excess construction material shall be immediately removed from the area and disposed of in a fully licenced landfill. No stockpiling of materials should be permitted in the constraint zones. Spill kits shall be available in each item of plant required to complete the stream crossing; Silt fencing shall be erected at a setback distance of 5m from the reception and launch pits used for directional drilling.

27 Protective measures relating to the use of bentonite:

One or more lines of silt fences shall be placed between the works area and adjacent rivers and streams on both banks. Care shall be taken so as to ensure that no spillage of bentonite occurs however in the unlikely event that a spillage does occur, it shall be cleaned up immediately and transported off site for disposal at an appropriately licenced facility. Adequately sized skips shall be used where temporary storage of arising is required. A geotechnical assessment shall be carried out prior to directional drilling, in particular where drilling is carried out through fissured or fractured rock or other geological formations where there is a risk of bentonite blow-out occurring. Directional drilling shall only be carried out where conditions are suitable, thereby minimising the risk of bentonite breaking out into a stream or river. If necessary the depth of the bore should be increased to maintain a greater clearance from the river bed. The drilling process shall be monitored to detect any possible breakout or leaking of bentonite into the surrounding geology. This will be gauged primarily by monitoring pumping rates and pressures and secondly by observation. If any of signs of breakout appear then drilling and bentonite pumping shall be stopped immediately and a higher viscosity bentonite mix used.

Directional Drilling Process

28 Reception and launch pits for the directional drilling process shall be located as per the requirements of the detailed design to be completed by the contractor. These pits shall be located at a distance of 20m or greater from the stream banks.

7 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

29 Excavated material shall be stored a minimum of 20m from the stream banks. Silt fences shall be placed downslope of the excavated stockpiles as an environmental protection measure.

30 To avoid reception and launch pits being open for longer than is absolutely necessary, all HDPE ducting required shall be available on site prior to commencement of pit excavation.

31 A bore plan shall be included in the final method statement prepared by the contracted entity carrying out the works. This shall include proposed depths of the borehead, which is to be continuously monitored by an operative using a depth tracker during pilot boring. On completion of the pilot bore through to the reception pit, the drill head is removed and the reamer is then pulled through the bore with the HDPE ducts attached.

32 Marker posts will be placed at each side of the stream identifying the location of the crossing.

33 Ducting works outside of the 20m buffer zone shall proceed in accordance with the ESB specification.

34 Stream crossing works, including preparatory works, shall be carried out under supervision of a suitably qualified Environmental Engineer.

35 Upon completion of works the site shall be cleaned and any waste disposed of to an appropriately licenced facility.

36 A final detailed design and construction method statement shall be developed by the building contractor engaged to perform the directional drilling. The detailed construction method statement is required to be prepared as part of the detailed CEMP. This will be reviewed by the Project Ecologist or Civil/Environmental Engineer to ensure adequate environmental protection measures have been incorporated and will adhere to guidance and will implement best industry standards/practice, as well as specific measures to protect water quality.

2.1.1.5 Floating Road

37 A small section of the existing public road (R425) comprises a ‘floating road’. In this section (chainage 8000-9000) the proposed grid route is to be located within the adjacent Coillte lands between Cashel and Ballycarnan.

38 At the floating road section of the grid route, the 38kV grid connection route will be installed outside of the footprint of the floating road and be located within Coillte lands on either side of the floating road.

39 A 5m wide temporary track (plus suitable access and egress) parallel to the existing public road, will be constructed within Coillte lands. This will require the felling of trees within its 5m boundary and will allow for access by construction traffic. Suitable drainage features will

8 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

be installed in order to avoid ponding of surface water resulting from the construction of the track. Protective measures have been built in to the works methodology, as detailed in the Outline Construction Methodology. The methodology for direction drilling is detailed above.

2.1.1.6 General Measures to be Included in Method Statements

40 The following guidelines and documents should be consulted during the detailed planning of the works phase:

Good practice guidelines on the control of water pollution from construction sites developed by the Construction Industry Research and Information Association (CIRIA) in particular; C532 Control of water pollution from construction sites: guidance for consultants and contractors (Masters-Williams et al, 2001); SP156 Control of water pollution from construction sites – guide to good practice (Murnane et al, 2002); Requirements for the protection of fisheries habitat during construction and development works at river sites developed by the ERFB; http://fishingireland.net/environment/fullconstructionanddevelopment.htm; and Series of Ecological Assessments on Arterial Drainage Maintenance No. 10. Ecological Impact Assessment (EcIA) of The Effects of Statutory Arterial Drainage Maintenance Activities on Freshwater Pearl Mussel (Margaritifera margaritifera & M.m durrovensis) (OPW). http://www.opw.ie/en/media/Issue%20No.%207%20EcIA%20Fresh%20Water%20 Pearl%20Mussel.pdf.

41 The installation will be completed in accordance with the following guidelines:

ESBN Specification for the Installation of Ducts and Structures for Underground 38kV Power Cables and Communication Cables; TII Specification for Road Works; OPW Guidelines for Crossing Watercourses; and Measures as set out in Courtney Deery Cultural Heritage Report May 2016 (Appendix C).

2.1.1.7 Additional Measures for Invasive Species

42 The presence of invasive alien species has the potential to lead to an offence under the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011). Regulation 49 of the 2011 Regulations prohibits (unless under licence) breeding, reproducing or releasing, or allowing or causing the dispersal or escape from confinement of any animal listed in the Third Schedule of the Regulations; or the planting, dispersing, allowing or causing dispersal, or spreading or otherwise causing to grow of any plant listed in the Third Schedule.

9 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

43 It is an offence to import or transport an animal or plant listed in Schedule 3 or any vector material (e.g. contaminated soil) listed in Part 3 of Schedule 3 of the Regulations.

44 Persons must therefore take all reasonable steps and exercise due diligence to avoid committing an offence under the 2011 Regulations.

The Contractor must ensure that the source locations for materials which are introduced to the site during the construction phase of the project should be free from non-native invasive species. All plant and equipment employed on the construction site (e.g. excavator, footwear, etc.) must be thoroughly cleaned down using a power washer unit prior to arrival on site to prevent the spread of invasive plant species such as Japanese knotweed, Rhododendron and Himalayan Balsam.

2.2 PROPOSED GRID CONNECTION ROUTE

45 The proposed grid connection entails the connection of energy generated from the Cullenagh Wind Farm to the existing grid infrastructure at Portlaoise via an underground cable along the route illustrated in Figure 1.1. The choice and selection of route has taken into account environmental considerations as well as land availability.

46 The route starts on the northern side of Cullenagh Mountain and travels in a southerly direction towards the eastern approach to Ballyroan (along a portion of a coach road RPS no. 661, Laois CDP 2011), where it traverses Banny’s (Bunny’s) Bridge before travelling along Chapel Street until the route meets the R425. From there the route changes direction and will travel along the R425 in a northern direction along the main street. Notable land uses in the area comprise the Glenbrook residential estate- located on the northern side of Chapel Street and Gleann Na Glaise residential estate located on the southern side of Chapel Street. A primary school (Scoil Bhride) is located on the southern side of the street. In addition there are some residential dwellings located on either side of the street.

47 The 19th century Roman Catholic Church is located at Chapel Street occupying a large plot on the south side of the road (RPS 317, Laois CDP 2011). The church building is set well back from the road. The Anglo-Norman motte (LA024-006001) located some 100m from the cable route on the southwest side of the village is only just visible as a densely tree-covered mound at the back of a series of yards off Main Street. The centre of the village retains much of its 18th and 19th century character with relatively few modern intrusions along the main street. The old National School (RPS 660, Laois CDP 2011) occupies a plot on the southeast corner of Main Street.

48 A further primary school Faolan Naofa is located on the eastern side of the R425. Further along the R425, the grid connection route passes through the townlands of Crubeen, Ballyrun and Cashel, where the land use is agricultural with some small forestry parcels in addition to a number of one off houses dispersed along the regional route. The local feature ‘the Rock of Cashel’ is located on the eastern side of the R425 after the junction with the R427. The route continues along the R425 towards the Ballycarnan Cross roads along a

10 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

straight stretch of road (crossing a number of streams) whereupon the route travels into Cappoley (Sheffield Cross Roads) which is a small settlement located to the south of the M7 (and R425/R426).

49 The route travels along the R425 crossing the M7 whereupon it changes direction (westwards) along the R426 (Well Road). At this point the grid connection route will traverse for a short distance (c. 50m) a pHNA (Ref: 000876). The pNHA relates to the ‘ridge of Portlaoise’. The main features of interest of this pNHA are esker ridge, semi-natural woodland and species-rich calcareous grassland. The route follows the R426 for a short stretch before turning east along a third class road, before turning north along the Abbeyleix Road to the east of the Parkside shopping centre before connecting with the existing ESB substation which is located to the north of Cherrygarth residential estate.

2.3 ROAD OPENING LICENCES AND TRAFFIC MANAGEMENT

50 The works will require road opening licence under Section 254 of the Planning and Development Acts 2000-2015 from Laois County Council. As part of the road opening licence, a Construction Traffic Management Plan will be agreed with Laois County Council (see outline measures outlined in Section 4.4.3.9). To ensure that no traffic hazard arises, this will include agreed diversion routes in the immediate locality of the works as necessary. The objective of which is to minimise the short term disruption to local residents.

51 There will be some short term impacts during the construction phase as the underground cable is laid, particularly in respect of traffic management with regards to sensitive receptors. This will cause local short term inconvenience and disturbance to residents and business along the grid route. However the works will be undertaken in sections on a phased/rolling programme so that the number of persons experiencing local inconveniences at any one time is kept to a minimum.

2.4 OTHER CONSIDERATIONS

52 It is noted that materials will be stored within the main construction compound and transported to the site as necessary. Waste materials are all to be removed off-site and disposed of to a licensed facility. The Outline Construction Methodology and associated Outline Surface Water Management Plan which is provided under a separate cover) specifies sound environmental practices with respect to dewatering of trenches and wash-out of concrete trucks. Silt control measures will be erected on all downstream watercourses including drains in line with the requirements of the Outline Construction Methodology and associated Surface Water Management Plan.

53 Pre-construction surveys for breeding bats, badgers and otter will be carried out to ensure no significant adverse impact arises to these species. Any necessary derogation from the DAHG will be sought in a timely manner prior to the relevant works being carried out.

54 A project archaeologist will be appointed to provide archaeological monitoring as specified within the Cultural Heritage Assessment and provided for within the Construction Methodology. Any relevant notifications to the DAHG will be undertaken and the works will

11 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

be carried out in accordance with the recommendations of an archaeologist and the requirements of the DAHG where necessary.

12 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

3 LEGISLATIVE CONTEXT

1 Environmental Impact Assessment (EIA) requirements derive from EU Directive 85/337/EEC (as amended by Directives 97/11/EC, 2003/35/EC and 2009/31/EC, 2011/92/EU)1 as well as 2014/52/EU2 on the assessment of the effects of certain public and private projects on the environment. The primary objective of the EIA Directive is to ensure that projects which are likely to have ‘significant effects’ on the environment are subject to an assessment of their likely impacts before construction.

2 The legislation relating to the requirement for an EIA for various types of developments is the Planning and Development Acts 2000 – 2015 (hereinafter referred to as ‘the Act’) and the Planning and Development Regulations 2001 – 2015 (hereinafter referred to as ‘the Regulations’).

3.1 DEFINITION OF EIA

3 EIA is defined by Section 171A of the Act as:-

‘an assessment, which includes an examination, analysis and evaluation, carried out by a planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the Environmental Impact Assessment Directive, the direct and indirect effects of a proposed development on the following:

(a) Human beings, flora and fauna, (b) Soil, water, air, climate and the landscape, (c) Material assets and the cultural heritage, and (d) The interaction between the factors mentioned in paragraphs (a), (b) and (c).’

3.2 REQUIREMENT FOR EIA

4 The Act (Section 172(1)) goes on to state that an EIA ‘Shall be carried out by the planning authority or the Board, as the case may be, in respect of an application for consent for proposed development where either— (a) the proposed development would be of a class specified in - (i) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either –

1 The original Environmental Impact Assessment (EIA) Directive 85/337 and its three amending Directives (Directives 97/11/EC, 2003/35/EC and 2009/31/EC) have been codified by the EIA Directive 2011/92/EU of December 2011 2 Directive 2014/52/EU of 16 April 2014 amends Directive 2011/92/EU. Member states have until 16 May 2017 to transpose the Directive into national legislation and apply the new rules. The 2014 Directive does not apply to this development, due to transitional measures.

13 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

(I) Such development would exceed any relevant quantity, area or other limit specified in that Part, or (II) No quantity, area or other limit is specified in that Part in respect of the development concerned, Or (ii) Part 2 of Schedule 5 of the Planning and Development Regulations 2001 and either – (I) Such development would exceed any relevant quantity, area or other limit specified in that Part, or (II) No quantity, area or other limit is specified in that Part in respect of the development concerned. Or (b) (i) the proposed development would be of a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations but does not exceed the relevant quantity, area or other limit specified in that Part, and (ii) the planning authority or the Board, as the case may be, determines that the proposed development would be likely to have significant effects on the environment.’

5 In the case of sub-section 172(1)(a), an EIS must be submitted with an application for consent. In the case of sub-section 172(1)(b), the planning authority or the Board can request the submission of an EIS where same has not been provided with an application for consent.

6 Exempted development will not be exempted if EIA is required.3

3.2.1 Planning Status of Electricity Cables

7 Article 6 of the Regulations provides, subject to article 9, that the classes of development set out in Column 1 of Part 1 of Schedule 2 of the Regulations are exempt development. Class 26 of Part 1 of Schedule 2 provides for:-

‘the carrying out by any electricity undertaking4 of development consisting of development the laying underground of mains, pipes, cables or other apparatus for the purposes of the undertaking’

8 Therefore the laying of underground electricity cables is ordinarily considered exempt development.

9 However, article 9 of the Regulations provides for a number of exceptions to the generality of the provisions of article 6, for example, if the subject proposal would:-

3 Section 4 (4) of the Planning and Development Acts 2000-2015 and Article 9 (1) (c) of the Planning and Development Regulations 2001- 2015. 4 "Electricity undertaking" means any person engaged in the generation, transmission, distribution or supply of electricity, including any holder of a Licence or authorisation or a person who has been granted a permit under Section 37 of the Electricity (Supply) Act 1927.

14 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Comprise the excavation, alteration or demolition of known / identified archaeological features, the preservation, conservation or protection of which is an objective of a Development Plan or Local Area Plan (article 9(1)(a)(vii)).

Comprise the excavation of any registered archaeological monuments (article 9(1)(a)(viia)).

Require an appropriate assessment as it is likely to have a significant effect on the integrity of a European site (article 9(1)(a)(viib)).

Be likely to have an impact on an area designated a natural heritage area (article 9(1)(a)(viiC)).

Where the development is subject to the EIA Directive (i.e., is a class of project listed in Annexes I or II of the Directive) (article 9(b)(c).

10 To date, the exempted status of underground electricity cables, including those connecting electricity generators such as wind farms, has been confirmed by An Bord Pleanála (the ‘Board’) in respect of a number of Section 5 References5. In particular we acknowledge the fact that the Board has previously determined “that the laying of underground electricity cables should continue to be regarded as exempted development under Class 26, Schedule 2, Part 1 of the Planning and Development Regulations” (Board Direction dated 12th October, 2007). This is cited in numerous An Bord Pleanála Strategic Infrastructure Development (SID) pre-application consultation cases in respect of transmission projects including, but not limited to, VC0016, VC0023, VC0024 and VC0087. There are also a number of Section 5 referrals which concur that the laying of underground cables is exempt development including, but not limited to, An Bord Pleanála referral references: 04.RL.27896 and 03. RL.27787. It is worth noting that in these cases the laying of underground cables through Special Protection Areas (SPAs) was also considered exempted development. The recent determinations of the Board (RL33778 & RL33699) are particularly relevant to the subject proposal, which have been made in a comparable legislative and policy context.

11 Other works to facilitate the laying of the cable and associated apparatus comprise:

(a) Temporary works, such as excavations, associated with the development. These temporary works would fall within Class 16 and Class 26 of Part 1 of Schedule 2 of the Regulations and are considered exempt10.

5 Section 5 of the Planning and Development Act 2000, provides that, where a question arises as to whether something is or is not development, or is or is not exempted development, any person may request a declaration from a relevant planning authority on that question. 6 Refer to Section 5.5 of the Section 5 Response Report for details. 7 Refer to Section 5.3 of the Section 5 Response Report for details. 8. Refer to Section 5.2 of the Section 5 Response Report for details. 9 Refer to Section 5.1 of the Section 5 Response Report for details. 10 Refer to Section 4.2 of the Section 5 Response Report for details.

15 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

(b) Works to the Rathleague overbridge on the R425. These works are associated with the proposed development and fall under section 4(1)(h) of the Act, and are considered exempt11.

3.3 REVISED GUIDELINES ON THE INFORMATION TO BE CONTAINED IN ENVIRONMENTAL IMPACT STATEMENTS – DRAFT SEPTEMBER 2015

12 In September 2015, the Environmental Protection Agency (EPA) published Draft Revised Guidelines on the Information to be contained in Environmental Impact Statements.

13 The stated primary objective of the guidelines is to improve ‘the quality of EISs with a view to facilitating compliance (with the Directive) and thereby contributing to a high level of protection for the environment through better informed decision-making processes.’

14 According to the guidelines the start of the EIA process involves making a decision about whether an EIS needs to be prepared or not. The draft guidelines note that the decision- making process begins ‘by examining the regulations and if this does not provide a clear answer then the nature and extent of the project, the site and the types of potential effects are examined.’

15 The draft EPA guidelines further note that ‘the first step is to examine whether the proposed development is of a type that is prescribed by the regulations.’

16 The draft guidelines confirm that if a proposed project is not of a type that is included (in Schedule 5 of the regulations) ‘then there is no statutory requirement for it to be the subject of an EIS.’ (emphasis added).

3.4 MANDATORY EIA

17 Ireland has implemented its obligations by requiring the preparation and submission of an Environmental Impact Statement (EIS) for projects falling within classes of development prescribed by Article 93 of, and Schedule 5 to, the Regulations. These regulations are made pursuant to section 176 of the Act. In essence, every project listed in Part 1 of Schedule 5 must be subject to an EIA. Where a proposed development is not a class of development listed in Schedule 5, it cannot be a development which triggers a mandatory EIA.

18 It is the case that the subject proposal (as described in Section 2 of this Report) consisting of an underground cable does not comprise a type of development prescribed in Schedule 5, Part 1 and Part 2 and accordingly, it cannot be a development which triggers a mandatory EIA. Notwithstanding this fact an EIA screening statement has been prepared to specifically address the O’Grianna decision (refer to Section 4 of this Report).

11 Refer to Section 4.2 of the Section 5 Response Report for details

16 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

3.5 EIA FOR SUB-THRESHOLD DEVELOPMENT

19 Irish implementing legislation addresses the possible need for EIA below the Annex II national thresholds. Article 92 of the Regulations defines ‘sub-threshold development’ as:

‘development of a type set out in Schedule 5 which does not exceed a quantity, area or other limit specified in that Schedule in respect of the relevant class of development;’

20 Article 103 of the Regulations state that where a planning application for ‘sub-threshold’ development is not accompanied by an EIS and the Planning Authority considers that the development is likely to have ‘significant effects on the environment’, it shall, by notice in writing, require the applicant to submit an EIS. Where a proposed development is not a class of development listed in Schedule 5, it cannot be a ‘sub-threshold’ development.

21 Article 103(2) states the following:-

‘Where a planning application for sub-threshold development is not accompanied by an EIS, and the development would be located on, or in, or have the potential to impact on—

(a) a European site,

(b) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(d) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976) as amended by sections 26 and 27 of the Wildlife (Amendment) Act 2000,

(e) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 as amended by section 28 of the Wildlife (Amendment) Act 2000,

(f) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed,

(g) a place or site which has been included by the Minister for Arts, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the planning authority shall, in determining whether the development would or would not be likely to have significant effects on the environment, have regard to the likely significant effects of the development on such site, area, land, place or feature as appropriate.’

17 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

22 The 1997 amending Directive (97/11/EC) introduced guidance for Member States in terms of deciding whether or not a development is likely to have ‘significant effects on the environment’. The guidance is provided by way of criteria set out in Annex III of the consolidated Directive. The criteria have been transposed in full into Irish legislation under Schedule 7 to the Regulations.

23 The Guidelines for Planning Authorities and An Bord Pleanála on Carrying out The Minister of the Environment, Heritage and Local Government published a guidance document in August 2003 – Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-threshold Development. Environmental Impact Assessment – 2013 also refer to the 2003 Guidelines regarding sub-threshold development.

24 The process for determining whether a development will have likely significant effects on the environment outlined in the Guidelines is undertaken in the context of the criteria set out in Schedule 7 of the Regulations. The criteria, as transposed in legislation, are grouped under three headings as follows:

1. Characteristics of the Proposed Development;

2. Location of the Proposed Development; and

3. Characteristics of Potential Impacts.

25 The DoEHLG Guidance Document states that ‘those responsible for making the decision must exercise their best professional judgment, taking account of considerations such as the nature and size of the proposed development, the environmental sensitivity of the area and the nature of the potential effects of the development. In general, it is not intended that special studies or technical evaluations will be necessary for the purpose of making a decision’.

26 It is the case that the subject proposal (as described in Section 2 of this Report) consisting of an underground cable does not comprise a type of development prescribed in Schedule 5, Part 2 and the development does not and cannot qualify as a sub-threshold development.

27 Notwithstanding this fact, in providing a comprehensive and precautionary approach, we have adopted and followed the assessment procedure for sub-threshold development in this EIA screening statement to specifically address the O’Grianna decision. Refer to Section 4 of this Report.

3.6 DEFINITION OF ‘PROJECT’

28 According to section 172(1)(a) of the Act and article 93 and Schedule 5 of the Regulations, an EIA is required for:-

18 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

‘(i) Installations for the harnessing of wind power for energy production (wind farms) with more than 5 turbines or having a total output greater than 5 megawatts.’

29 Accordingly, an EIS was prepared for the development of the wind farm at Cullenagh (in accordance with section 172(1B) of the Act).

30 While the proposed development comprises an underground cable which is not of a type that is included in Schedule 5 of the Regulations, for the purposes of this EIA screening exercise we have examined whether the proposed underground cable and the permitted wind farm (18 no. turbines and associated infrastructure) at Cullenagh (as one development) are likely to have a significant effect on the environment. This is addressed in Section 4 of this Report.

19 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

4 EIA SCREENING EVALUATION

1 This aspect of the Environmental Impact Assessment (EIA) screening statement has been prepared to specifically address the O’Grianna decision. This section therefore provides an integrated assessment on whether the proposed underground cable and the permitted wind farm (18 no. turbines and associated infrastructure) at Cullenagh (as one development) are likely to have a significant effect on the environment.

4.1 SCREENING METHODOLOGY

2 Screening is the first stage in the EIA process, whereby a decision is made on whether or not EIA is required. This screening assessment was undertaken with regard to the following legislation and guidance and case law including:

x EIA Directives; x The Planning & Development Acts 2000-2015 (hereinafter referred to as ‘the Act’); x The Planning and Development Regulations 2001-2015 (hereinafter referred to as ‘the Regulations’); x Guidance on EIA, Screening, European Commission, 2001; x EIA, Guidance for Consent Authorities regarding Sub-threshold Development, DoECLG, 2003; x Guidelines for Planning Authorities and An Bord Pleanála on Carrying out Environmental Impact Assessment – 2013; x Guidelines on the Information to be contained in Environmental Impact Statements (EPA 2002); x Advice Notes on Current Practice in the preparation of Environmental Impact Statements (EPA 2003); x Revised Guidelines on the Information to be contained in Environmental Impact Statements Draft September 2015; (EPA 2015); x Advice notes for preparing Environmental Impact Statements Draft September 2015 (EPA 2015); x The EIS, NIS and supporting documentation submitted with the Cullenagh Wind Farm planning application to Laois Co. Co. (Planning Reg. Ref. 13/268) as well as the submissions made to An Bord Pleanála (ABP Ref. PL 11.242626); x O’Grianna v An Bord Pleanála ([2014] IEHC 632).

3 The EIA screening exercise initially assesses the development for mandatory EIA using classifications defined in the appropriate legislation. Where no mandatory requirement is concluded, screening advances to sub-threshold development assessment and whether the project is likely to have a significant effect on the environment, with reference to its scale, nature, location and context.

4 A desktop study of environmental, archaeological, visual and cultural receptors along the route of and adjacent to the proposed works (i.e. from Cullenagh to Portlaoise substation) was carried out to inform this screening assessment. Site visits along the proposed cable route have also carried out by RPS Ecologists.

20 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

4.2 MANDATORY EIA

5 Schedule 5, Part 1 and Part 2 of the Regulations set out specified development for mandatory EIA.

6 Schedule 5, Part 1 includes at Class 20 - overhead electrical power lines with a voltage of 220kV or more and a length of over 15km. It further includes at Class 22 - changes or extension to projects listed in the Annex where the change or extension in itself meets the specified thresholds, if any, set out in the Annex.

7 Schedule 5, Part 2 includes at Class 3(b) - overhead cables not included in Part 1, where the voltage would be 200kV or more. It also includes at paragraph 3(b) ‘’(i) Installations for the harnessing of wind power for energy production (wind farms) with more than 5 turbines or having a total output greater than 5 megawatts.’’ Accordingly, an EIS was prepared for the development of the wind farm at Cullenagh and submitted with the planning application and An Bord Pleanála conducted an EIA in respect of the proposal.

8 Schedule 5, Part 2, Class 13 of the Regulations refers to ‘Changes, extensions, development and testing’ related to projects of the classes set out in Part 1 or in Part 2 Sections 1 to 12. It requires a mandatory EIA in respect of:

‘(a) Any change or extension of development already authorised, executed or in the process of being executed (not being a change or extension referred to in Part 1) which would:- (i) result in the development being of a class listed in Part 1 or paragraphs 1 to 12 of Part 2 of this Schedule, and (ii) result in an increase in size greater than – - 25 per cent, or - an amount equal to 50 per cent of the appropriate threshold, whichever is the greater.’

4.2.1 Conclusions Regarding Mandatory EIA

9 In summary, an underground cable does not comprise a development specified in Schedule 5, Part 1 or Part 2 that would trigger a mandatory EIA. Furthermore, and notwithstanding this, and using the definition of the wind farm and the underground cable as a combined project, the inclusion of the grid connection is not a change or an extension to an EIA project which would trigger a further EIA (as per paragraph 13, Schedule 5, Part 2 of the Regulations). The proposed addition of the underground cable to the project description of a wind farm for the purposes of EIA will not result in an increase of 25% (there are no turbines proposed) and will not result in an amount equal to 50% of the appropriate threshold.

4.3 EIA FOR SUB-THRESHOLD DEVELOPMENT

10 The proposed development of an underground grid connection is not of a type listed in either Part 1 or Part 2 of Schedule 5 of the Regulations. In our opinion, it therefore does not

21 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

comprise of a project that falls beneath the specified thresholds for same. Therefore the proposal does not comprise ‘sub threshold development’ for the purposes of EIA. As such it is not necessary to undertake the assessment procedure for sub-threshold development as set out under Schedule 7 of the Regulations.

11 However, notwithstanding the fact the development does not and cannot qualify as sub- threshold development, in taking a comprehensive and precautionary approach we have adopted and followed the assessment procedure for sub-threshold development as set out under Schedule 7. In doing so, we have specifically addressed the findings of the High Court in O’Grianna, in particular, the requirement that cumulative impacts of the entire wind farm project be assessed prior to construction.

4.4 EVALUATION CRITERIA FOR DETERMINING LIKELY SIGNFICANT EFFECTS

12 The criteria for determining whether a development is likely to have significant effects on the environment is set out in Schedule 7 of the Regulations. The criteria are grouped under three headings as follows: 1. Characteristics of the Proposed Development; 2. Location of the Proposed Development; and 3. Characteristics of Potential Impacts. These are addressed below in the context of whether the proposed underground cable and the permitted wind farm (18 no. turbines and associated infrastructure) at Cullenagh (as one development) are likely to have a significant effect on the environment.

4.4.1 Characteristics of the Proposed Development

13 Schedule 7, Item 1 sets out the information to be considered when considering the Characteristics of the Proposed Development. They are: ‘the size of the proposed development, the cumulation with other proposed development, the use of natural resources, the production of waste, pollution and nuisances, the risk of accidents and having regard to substances or technologies used.’

4.4.1.1 The Size of the Proposed Development

14 In this case the proposal comprises approximately 15.4km of underground cable and associated infrastructure, which will be predominantly located along a public roadway. The proposed works will require a 38kV cable trench measuring c. 1.2m deep by 0.6m wide. The underground route relates to the consented Cullenagh Wind Farm, Co. Laois (ABP Reference No: 11.242626), which comprises 594 hectares. The development has planning permission for the construction of 18 turbines, internal access roads, improvement works to forest access roads, substation building and associated site works. An EIS was submitted with the planning application and the Board conducted an EIA on the proposal. This EIA was confirmed to be lawful by the High Court and the Court of Appeal and the Supreme Court refused leave to appeal the court of appeal decision on this question. For the purposes of this EIA screening as outlined above the assessment will examine whether the permitted wind farm and proposed underground cable together are likely to have a significant effect on the environment.

22 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

15 The construction period will be temporary (on a phased/rolling basis) and the development proposed will be predominantly underground once completed. The temporary works will be carried out in accordance with the provisions of the Construction Methodology Plan (CMP), and associated Construction Environmental Management Plan (CEMP), and a Traffic Construction Management Plan which will be approved by the relevant local authority as part of Road Opening Licence. The methods proposed to be employed in constructing the development will protect against the incidence of any pollution incidents. Given the nature of the development, a risk of accidents is not considered to be an issue in the context of the substances and technologies to be used. Best practice construction techniques will nonetheless be implemented and the relevant health and safety regulations adhered to, as per the content of the CMP. Clear proposals are in place for the storage of materials and addressing waste arising.

4.4.1.2 The In-combination / Cumulation Effects with other proposed development

16 The measures incorporated into the methodology for the proposed wind farm were developed to ensure the protection of all water bodies. The AA screening exercise undertaken in respect of the proposed grid connection concludes that there is no potential for significant effects on European Sites (refer to Section 5 ’Screening Conclusions and Statement’ of the AA Screening undertaken for the proposed grid connection works).

17 An EIS was submitted with the planning application for the wind farm and the Board conducted an EIA on the proposal. The Board’s Order and EIA stated the following:-

‘Environmental Impact Assessment Having regard to the nature, scale and location of the proposed development, the Environmental Impact Statement and supporting documentation submitted at application and appeal stages, the submissions and documents on file, and the Inspector’s assessment of environmental impacts, the Board completed an Environmental Impact Assessment. The Board noted and generally adopted the Inspector’s assessment of environmental impacts, with the exception of the matters set out below, and concluded that the proposed development, by itself or cumulatively with other plans or projects, including the proposed Laois– Kilkenny electricity line, would not be likely to have significant effects on the environment.’ (emphasis added)

18 During the construction phase of the wind farm the ongoing Coillte forestry operations will not occur at the same time. As such in combination impacts will not occur.

19 A search of Laois County Council Planning enquiry system and An Bord Pleanála enquiry system was conducted for developments permitted since 2010 that may have a cumulative impact with the proposed grid connection. Those projects which underwent an EIA were selected and a review of the decisions was undertaken. Table 4.1 summarises the potential impacts on the River Barrow and River Nore SAC and the River Nore SPA as identified and provides an assessment of the likely in-combination impacts with the proposed grid connection.

23 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Table 4.1 – List of Projects which may contribute to Cumulative Impacts

Development Development Potential Impacts to European Site Potential In-combination Impacts Name Description as Identified in EIS/ AA with entire Cullenagh Wind Farm River Barrow and River Nore SPA (permanent grid + permitted wind River Nore SAC farm) Waste Transfer Waste None identified None identified None and Processing Transfer and Facility, Processing Kyletalesha Facility (Ref 12/381) Waste Transfer Waste None identified None identified None and Processing Transfer and Facility, Processing Kyletalesha Facility: (Ref 15/403) increase to 65,000 tonnes PA of PRR Michael Retention, None identified None identified None Mullins extension and Quarries Ltd rehabilitation (Ref 12/4) of quarrying activities. Lisheen III 2 Wind No significant None identified Provided that the mitigation Wind Farm turbines impacts foreseen measures provided in the EIS for Development provided that Lisheen Wind Farm and the (Ref 14/139) mitigation protective measures built into the measures project design of the grid provided in the connection are effectively EIS are implemented, no significant in- implemented. combination impacts are anticipated. Housing Proposal for None identified None identified None Development 49 houses at (Ref 15/143) Shannon Rd, Mountrath. Pig Farm (Ref Upgrade of Pig No significant None identified Provided that the mitigation 14/384 Farm Corbally impacts provided measures provided in the EIS for and that mitigation the pig farm and the protective Graigueafulla, measures measures built into the project Clonaslee provided in the design of the grid connection are EIS are effectively implemented, no implemented. significant in-combination impacts are anticipated. Wind Turbine, 1. No. 500kw Further None identified n/a Timahoe (Ref wind turbine. information 15/401) FI requested requested and 25/11/2015 submitted on the 7th of June 2016 Laois Kilkenny Electricity The NIS concludes None identified. Provided that the mitigation Reinforcement infrastructure that the correct measures provided in the NIS for Project (Ref reinforcement implementation the Laois Kilkenny reinforcement VA0015) Laois to of all mitigation project and the protective Kilkenny. measures measures built into the project

24 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

20 The impacts associated with the installation of the proposed grid connection are considered to be insignificant and any potential for cumulative-impacts associated with the permitted wind farm and in combination impacts associated with the above projects are deemed to be negligible and insignificant for the projects identified above. In addition, the Laois County Development Plan 2011-2017, which included a Wind Energy Strategy, was reviewed. Taking into consideration the nature of the works (installation in the body of the road, no in-stream works) and temporary duration of the proposed works together with the consented wind farm at Cullenagh, potential impacts are deemed to be insignificant and no significant adverse impacts of the proposed grid connection, cumulatively with the permitted wind farm and in combination with other plans and projects are anticipated.

25 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

4.4.1.3 The Use of Natural Resources

21 The EIS for the wind farm outlines the material requirements and the estimated volumes of crushed stone, concrete and bedding sand required for the permitted wind farm development. The material for the construction of the site access roads and hardstanding areas will be sourced from local quarries in the area. There will be no borrow pits on the site.

22 In addition, the underground cable will entail the use of concrete to encase the cable as well as inclusion of appropriate ducting. In addition standard backfilling material is used (along with surface material). The production of concrete will use water. Both the concrete and backfilling material will be sourced from reputable operators with the appropriate permissions/licences.

4.4.1.4 The Production of Waste

23 The EIS for the wind farm outlines the wastes likely to be generated during the construction of the wind farm. Any excess in the form of cut-offs from building material will be taken off- site for re-use, recycling, or authorised disposal. Domestic-type waste generated by contractors will be collected on-site, stored in an enclosed skip and disposed of at an authorised waste treatment facility. Temporary toilet facilities will be provided on-site. Foul water will be stored on-site and removed to an authorised treatment facility.

24 In addition, the underground cable will require the removal of subsoil and or material found under the road/verge. This material will be sent to a licenced landfill or to a recycling operator if usable. The key components of EU, national and local policy, legislation and guidance relevant to the proposal are summarised as follows:

x Prevention and minimisation of waste is the preferred option. x Where construction waste is generated it should be source separated to facilitate recycling and maximise diversion of waste from landfill. x Where commercial waste is generated it should be source separated to facilitate recycling and maximise diversion of waste, including biodegradable waste, from landfill. x Where waste may not be prevented or recycled it should be transported and disposed of in accordance with applicable legislation and without causing environmental pollution. x Waste may only be transferred by a waste collection permit holder and delivered to an authorised waste facility.

4.4.1.5 Pollution and Nuisances

25 Potential impacts arising from the planned wind farm at Cullenagh as described in the EIS during construction may arise from pollution of watercourses via soil runoff which can impact invertebrates and plant species; pollution from substances such as lubricants, fuels, waste concrete etc. Appropriate mitigation measures were proposed for the construction phase of the wind farm which seek to prevent suspended solid release; eliminate or reduce

26 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

pollution from other substances associated with construction. Additional conditions were also attached by the Board (e.g., condition nos. 13 & 17).

26 The proposed works relating to the addition of the grid connection are located a significant distance upstream of the River Barrow and River Nore SAC (12km at its nearest point). Further, a number of protective measures have been built into the design phase and outline construction methodology of the proposed project (see above).

27 There will be no requirement for in-stream works. It is proposed that the cabling of the route across natural watercourses and drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is the case, all works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi-natural habitat. Where it is not possible to cross the watercourse/drain in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the underlying watercourse/drain.

28 With this taken into account, (a) it is considered there is a low risk of sediment laden run off being generated, and; (b) given this low risk and the significant distance upstream from the River Barrow and River Nore SAC (12-16Km) it is highly unlikely that any sediment transported in run-off from the site will have an opportunity to reach the River Barrow and River Nore SAC. Therefore, no adverse impacts associated with the proposed cable works on the qualifying features of interest of the SAC are anticipated.

29 For Human Beings, the main pollution and nuisances relating to the proposed grid connection relate to air quality (dust) and noise as a result of the construction phase of the proposed development on local residents. Appropriate mitigation will be incorporated into the outline construction methodology and outline CEMP which will ensure that potential additional impacts are minimised.

4.4.1.6 The Risk of Accidents and Having Regard to Substances or Technologies Used

30 The mitigation measures outlined in the EIS submitted with the planned wind farm at Cullenagh along with the range of conditions attached by the Board Order will ensure that the potential risks are minimised.

31 The addition of the grid connection will involve the excavation of road surface, soil and subsoil during the installation / construction phase. In the absence of protective measures, there is potential for the release of suspended solids into waterbodies along the proposed route. An accidental spillage and release of hydrocarbons to sensitive watercourses/drains in the immediate surroundings could have significant adverse impacts on the qualifying interests of the SAC. However it is important to note that no instream works are required as part of the proposed scope of works for the proposed underground grid connection.

32 It is also highlighted that the proposed works are located a significant distance upstream of the River Barrow and River Nore SAC (12km at its nearest point). Furthermore, a number of

27 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

protective measures have been built into the design phase and outline construction methodology of the proposed project (see section 2 above); including the use of silt traps, check dams and bunds etc. There will be no requirement for in-stream works. It is proposed that the cabling of the route across natural watercourses/drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is the case, all works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi-natural habitat. Where it is not possible to cross the watercourse/drain in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the underlying watercourse/drain.

4.4.2 Location of the Proposed Development

33 The permitted wind farm development consists of 18 turbines and associated infrastructure and will be located in the environs of Cullenagh Mountain to the east of Ballyroan in Co. Laois. The site is located to the east of the R425 regional road, south of the R427 regional road, west of the R426 regional road and north of the R430 regional road.

34 The DoEHLG Guidance Document describes the information to be considered under the ‘Location of the Proposed Development’ heading as:-

‘the environmental sensitivity of geographical areas likely to be affected by proposed development, having regard in particular to: the existing land use, the relative abundance, quality and regenerative capacity of natural resources in the area, the absorption capacity of the natural environment, paying particular attention to the following areas:(a) wetlands(b) coastal zones(c) mountain and forest areas,(d) nature reserves and parks,(e) areas classified or protected under legislation, including special protection areas designated pursuant to Directives79/409/EEC and 92/43/EEC,(f) areas in which the environmental quality standards laid down in legislation of the EU have already been exceeded,(g) densely populated areas,(h) landscapes of historical, cultural or archaeological significance.’

35 The proposed works have an indirect, although remote, connectivity to the River Barrow and River Nore SAC (approximately 12km and 16km downstream of works respectively). A review of designated sites indicates that there are twenty six sites designated for nature conservation (SACs, SPAs, pNHAs, NHAs) within 15km of the proposed grid connection. The Ecological Report prepared by RPS outlines in detail these sites (table 3.1 refers). In summary, there was no connectivity (direct or indirect) between the proposal and twenty two of the sites. The following sites were identified as having a remote, indirect or direct connectivity:-

x River Barrow and River Nore SAC (Remote, indirect connectivity via the Ballyroan Stream) 16km downstream from grid route; x River Nore SPA (Remote, indirect connectivity via the Ballyroan Stream) -12km downstream from grid route; x The Ridge of Portlaoise pNHA (000876) Direct (within);

28 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

x River Nore/Abbeyleix Woods Complex pNHA (002076) – (Remote, indirect connectivity via the Ballyroan Stream) 6.4km as the crow flies from grid route;

36 It is noted the grid connection route will traverse for a short distance (c. 50m) a pHNA (Ref: 000876). The pNHA relates to the ‘ridge of Portlaoise’. The main features of interest of this pNHA are esker ridge, semi-natural woodland and species-rich calcareous grassland. In light of the fact that the proposed grid connection route will be located within the envelope of an existing road at this location, and having regard to the nature of main habitat and species, it is considered there will be no impact to the pNHA arising from the grid connection. The area indicated by the pNHA also includes a small portion of the M7 located to the south.

37 The local feature ‘rock of Cashel’ is located adjacent to the route and there is no impact arising.

38 The existing use of the lands where the development is to be carried out comprises public roadway and associated roadside verges, improved agricultural grassland, farm and forest tracks to an existing substation compound and a small area of incidental land associated with the site substation. It is not considered that the relative abundance, quality and regenerative capacity of any natural resources in the area will be affected by the proposed development.

39 With respect to the absorption capacity of the natural environment, it is again noted that the development is to be carried out predominately (78%) along a public road, which is a relatively robust environment. Environmental receptors in the area would be accustomed to a certain level of traffic, noise and dust. This is particularly notable for much of the route, which is located along a regional road.

40 The proposed cable route travels predominantly along the existing public road network, thus avoiding any direct impacts on upstanding recorded archaeological monuments and greatly reducing the number of potential impacts on archaeological heritage. For Ballyroan Village there is the potential for as yet undiscovered remains of the Medieval Settlement (LA024- 060), to be impacted upon. The Coach road (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there will be no impact upon the built heritage aspect of this roadway. A Cultural Heritage Assessment of the underground cable route has been prepared by Courtney Deery and is enclosed with the Section 5 response package. The potential impacts are restricted to the construction phase of the project. It concludes there will be no impact on architectural heritage, industrial heritage and cultural heritage. It includes mitigation measures in respect of as yet undiscovered underground features of archaeological interest.

4.4.3 Characteristics of Potential Impacts

41 The proposed development has been considered in the context of potential impacts. In this case while the scheme will extend for c.15.4km, it is a linear scheme which is predominantly road based (78%).

29 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

42 The DoEHLG Guidance Document describes the information to be considered under the ‘Characteristics of Potential Impacts’ heading as:-

‘the potential significant effects of proposed development in relation to criteria set out under paragraphs (i) and (ii) above and having particular regard to the extent of the impact (geographical area and size of the affected population), the transfrontier nature of the impact, the magnitude and complexity of the impact, the probability of the impact, the duration, frequency and reversibility of the impact.’

43 The topic areas which may potentially be impacted upon are as follows:-

4.4.3.1 Human Beings

Grid Connection 44 Impacts associated with the proposed development relate to the construction of the grid connection which will entail short term isolated traffic management measures as the grid connection is being built. Additional potential short term impacts relate to noise and dust. It is considered all of these impacts can be managed through standard construction mitigation measures (as part of CMP). There are no operational phase impacts in respect of Human Beings in respect of the grid connection.

Wind Farm 45 The Human Beings Chapter of the EIS (Chapter 7) submitted with the planning application for the Cullenagh Wind Farm, separately addresses matters of population, employment, community aspects and tourism. The impact of the permitted wind farm development on residential amenity was assessed in detail as part of the EIS under the required environmental aspects relating to noise, air quality, landscape, shadow flicker assessment and construction.

46 It is also noted that condition no. 17 of the Board’s Order requires the preparation of a Construction Management Plan ‘which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.’ The CMP will include at a minimum the detailed and comprehensive mitigation measures set out in the EIS submitted with the planning application relating to the Cullenagh Wind Farm.

47 As the vast majority of the works relate to the construction of the turbines, the majority of the construction related impacts will take place internally within the subject site. Other related construction related impacts in respect of the internal roads, and the substation, will also take place internally within the overall subject site. The access points are located along a stretch of public road, where there is a potential for short term construction related impacts to local residents. However, with the implementation of an appropriate construction management plan (to deal with dust, traffic minimisation etc.), it is anticipated that the impacts will be slight and short term.

30 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Cumulative 48 Having regard to the above, potential impacts on human beings are deemed to be short term and no significant adverse impacts relating to the proposed Grid Connection, the permitted wind farm and any other plan or project are envisaged.

4.4.3.2 Flora and Fauna

49 Any likely significant effects on Flora and Fauna are detailed below. Any likely significant effects on European sites and protected species have been assessed and are described in the accompanying AA Screening Report and Ecological Report.

Grid Connection 50 The proposed works relating to the addition of the grid connection to the overall development are located a significant distance upstream of the River Barrow and River Nore SAC (c.12km at its nearest point). Further, a number of protective measures have been built into the design phase and outline construction methodology of the proposed project (see section 2 above).

51 In this regard:

x The accompanying AA screening concludes that the proposed grid connection will not have a significant effect upon the Natura 2000 site network, alone, or in-combination with other plans and projects.

x The accompanying Ecological Report concludes that provided the protective measures incorporated into the project design are effectively implemented, it is not anticipated that there will be any significant negative ecological impacts as a result of the proposed grid connection works.

52 It is important to note there will be no in-stream works relating to the addition of the grid connection to the overall development. It is proposed that the cabling of the route across natural watercourses/drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is the case, all works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi-natural habitat. Where it is not possible to cross the watercourse/drain in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the underlying watercourse/drain.

53 A Surface Water Management Plan (SWMP) has been drawn up as part of an Appendix to the Outline Construction Methodology for the proposed grid connection, which includes measures that ensure the protection of watercourses and drains (Please refer to the Outline Construction Methodology and associated Outline Surface Water Management Plan which is provided under a separate cover). This SWMP will be strictly adhered to by the contractors involved in the works and will be overseen by the Coillte site representative. A mechanism for reporting of pollution incidents will be agreed in advance between the contractor(s) and the awarding authority.

31 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Wind Farm 54 The potential terrestrial ecology impacts associated with both the construction and operation of the permitted wind farm were assessed in the EIS submitted with the application. Particular attention was given to EU and nationally protected habitats and species occurring within and adjacent to the development site. As per the requirements of Article 6(3) of the EU Habitats Directive (Directive 92/43/EEC) on the Conservation of Natural Habitats and of Wild Fauna and Flora, an Appropriate Assessment was undertaken on the planned development, and a Natura Impact Statement was produced. This informed the terrestrial and aquatic ecology assessments for the project.

55 Mitigation measures were proposed as part of the wind farm EIS to offset negative impacts from the permitted wind farm. These included prior examination of all access routes to new turbines for badger setts, pine marten dens and red squirrel dreys and prior examination of mature broad-leaved trees or conifers on the edge of stands before removal for bat roosting.

56 Additionally, a bat mitigation strategy was agreed in principle and will be developed in consultation with NPWS which will include monitoring of bat activity in newly created clearings, a buffer of 50m between any turbine element and the forest edge, a 200m buffer between any bat roost and a planned turbine, monitoring of bat activity and mortality at turbines once operational and measures to increase the ecological value of surrounding Coillte sites for bats.

57 The potential aquatic ecology impacts associated with both the construction and operation of the permitted development have been assessed including a number of rivers which may be impacted as a result of upgrade works along the transport route for construction materials.

58 The permitted wind farm development has been designed to utilise the existing forest road network and watercourse crossings including two locations on the Foyle River, one on the Clontycoe Stream; one on the Dooary Stream and one on an un-named stream which is part of the Owenbeg River sub-catchment. Four new crossing locations are also planned at un- named streams in the Owenbeg River sub-catchment. These will all be clear span crossings and therefore no in-stream works are proposed in respect of the permitted wind farm.

59 The extensive mitigation measures and the conditions attached (condition nos. 11, 13, 16, & 17) to the Board’s order will ensure the protection of the environment.

60 The River Nore SPA designated for the protection of Kingfisher which is listed on Annex I of the EU Birds Directive. They tend to demonstrate a preference for large slow moving watercourses. The habitats of the area of proposed works are considered to be unsuitable for the conservation requirements of Kingfisher. The River Nore SPA is located ca. 6.5km west and ca. 12km downstream of the area of proposed works. Taking into consideration the distance of the proposed development site to the SPA, no direct impacts associated with landtake / habitat loss or habitat fragmentation are anticipated in relation to the Kingfisher population of the SPA.

32 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

61 Indirect impacts may arise from any deterioration in water quality and result in knock-on effects further up the food chain particularly impacts on aquatic invertebrates and fish. The site is hydrologically linked (albeit remotely c. 12km upstream to the River Nore & 16km to the River Barrow). However, the use of the construction management techniques and measures built into the construction phase of the proposed grid connection will ensure that no indirect impacts on water quality will result in adverse impacts on the River Nore SPA. This assessment takes into account the distance of the proposed development site in relation to the SPA, the temporary duration of the works and the conservation requirements of the qualifying species (breeding Kingfisher) of the SPA. Any potential adverse impacts on the SPA are deemed to be insignificant.

Cumulative 62 Taking into consideration the nature of the works (installation in the body of the road, no in- stream works) and temporary duration of the proposed works together with the consented wind farm at Cullenagh, potential impacts are deemed to be insignificant and no significant adverse impacts relating to the proposed Grid Connection and the permitted wind farm are envisaged.

63 Taking into consideration the nature of the works and temporary duration of the proposed works together with the other plans or projects identified (Table 4.1 above), potential cumulative impacts are deemed to be insignificant and no significant adverse cumulative impacts or in combination impacts relating to the proposed Grid Connection and the other plans or projects are envisaged.

4.4.3.3 Soils, Geology and Hydrogeology

Grid Connection 64 For the grid connection works, the proposed underground cable will entail the use of semi- dry lean mix concrete to encase the cable as well as inclusion of appropriate ducting. In addition standard backfilling material is used (along with surface material). Both the concrete and backfilling material will be sourced from reputable operators with the appropriate permissions/licences.

65 The proposed underground cable will require the removal of subsoil and or material found under the road. Potential impacts on soils, geology and hydrogeology associated with the construction phase are likely to be localised, contained within the site as outlined in the outline Construction Methodology and insignificant.

66 Where localised dewatering of trenches and excavations is required, it shall be carried out using suitably bunded pumps and transported by bowser off site to a licensed EPA waste disposal facility.

Wind Farm 67 The potential soils, geology and hydrogeology impacts associated with both the construction and operation of the permitted wind farm were assessed in the EIS submitted with the application, including reference to reuse of materials on site, storage of materials, slope stability, aquifers and geology. The permitted wind farm site is extensively forested with

33 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

slopes generally in the region of 0-10% (localised slopes up to 20%). The site walkover indicated mineral soils exposed beneath intermittent topsoil or at the surface of the site. No significant organic deposits, such as peat, were identified from the desk study or site walkover.

68 The EIS submitted with the wind farm application, the Geological Survey of Ireland (GSI) database indicates that the national vulnerability of the permitted wind farm site is recorded as being high to extreme, with bedrock near surface around Cullenagh Mountain. However the majority of the site, and at all locations where works are planned, are poor aquifers or generally unproductive bedrock. Therefore the works relating to the permitted wind farm are not expected to have a negative impact on the groundwater in the area.

69 Existing roads and tracks are to be utilised as much as possible, reducing the impact to soils from compaction and plant spillages/leaks. Construction works will be carried out with the least possible disturbance of soils outside the extent required for the works.

70 Mitigation measures in the EIS included temporary bunded areas to be used to store all oils, fuels, lubricants, solvents, paints and other hazardous substances used during construction and operation, to ameliorate any impact on the underlying subsurface strata from spillages.

71 It is also noted condition no. 14 (b) and condition no. 17 of the Board’s Order relating to the permitted wind farm provides for measures to ensure appropriate management of soil/rock.

Cumulative 72 Cumulative impacts from a hydrogeological perspective are also considered not to be significant. Groundwater flow paths in the area are considered to be short and discharging locally, with no significant dewatering operations expected to be required during construction. Therefore it is considered that other proposals such as the EirGrid Laois Kilkenny reinforcement project are sufficiently removed (located to the south east boundary of the overall wind farm site) not to have any potential zone of interaction specifically related to the hydrogeological conditions at Cullenagh.

4.4.3.4 Water

Grid Connection 73 With regards to the grid connection, while the site is hydrologically linked, albeit remotely, to the River Barrow and River Nore SAC and the River Nore SPA, the potential for adverse effects associated with the grid connection works are deemed to be insignificant. The proposed works will contain the necessary measures (e.g. refuelling machinery away from the river, careful handling of fuels and lubricants, use of silt traps and following current best practice guidelines) to ensure that the water quality of nearby natural watercourses and drains is protected during the construction phase of the project. (para 34)

74 It is important to note that no instream works are required as part of the proposed scope of works for the proposed underground grid connection.

34 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Wind Farm 75 The potential hydrology and drainage impacts were assessed in the EIS submitted with the planning application. Relevant activities include forest felling and activities on site during the construction and operational phases of the planned development. The site is typically orientated south-southeast to north-northwest, and generally sloping radially outwards from the Cullenagh Mountain peaks. A number of watercourses drain the site and a number of other rivers and streams exist around the site boundary.

76 A drainage scheme for the planned layout was developed which incorporated existing drainage patterns, where possible. This was followed by a field survey in January 2012. Methods for draining existing and planned site access roads, and the methods of treatment for discharges, were reviewed and the potential for an increase in flooding was assessed. Measures were then put forward to enhance the proposed drainage system for the protection of the receiving watercourses, and during the construction period in particular.

77 The footprint of the permitted wind farm within these sub-catchments is located in a forested site. Most of the existing run-off from the forested site drains into the existing forest drains system and these drains discharge to existing stream outfalls. Runoff from the permitted development site has the potential to affect the three water bodies (River Nore, River Barrow and River Owenbeg).

78 Mitigation measures in the EIS submitted with the permitted wind farm include: maintenance of riparian/buffer zones; adequate drainage and capacity, with cleaning and maintenance where necessary; managing the potential for containment and clean-up of spillages; adequate cover/containment for fills and stockpiles to prevent erosion or entry to watercourses; ensure concrete does not enter watercourses; open waterbodies adjacent to construction sites to be protected by appropriate fencing, including stilling ponds; reduce the effective slope and run-off velocities in the design of site access roads. Additional Mitigation measures proposed under the Aquatic Ecology Assessment in the EIS and as clarified as part of the First Party appeal submission(s) to An Bord Pleanála are also relevant and inter-related.

79 Furthermore the Board’s Order attached mitigation measures to ensure water quality in the area including condition no. 13 which requires construction stage details of proposals for the management of surface water during the construction period and condition no. 17, which requires the preparation of a Construction Management Plan which includes all of the comprehensive mitigation measures detailed in the Cullenagh Wind Farm EIS to be submitted and agreed with the Planning Authority. Condition no. 17(k) requires detail to be submitted to the planning authority to ensure that surface water run-off is controlled such that no silt or other pollutants enter water courses.

Cumulative 80 Taking cognisance of the planned mitigation measures for the wind farm and the deemed insignificant effects of the proposed grid connection works, potential cumulative impacts are deemed to be insignificant and no significant adverse cumulative impacts relating to the proposed Grid Connection and the other plans or projects are envisaged (Table 4.1).

35 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

4.4.3.5 Air - Noise & Vibration

Grid Connection 81 For the proposed grid connection works, the excavation of the trench for the 38kV connection ducting and associated works will result in some localised noise and vibration impacts. However the likely impacts will not be significant, will be short term and restricted to the area being excavated at any point in time. Given the nature of the proposed development (underground cable duct and associated trenching works), there are no operational phase impacts associated with noise or vibration. Standard hours of operation will mitigate impacts on local residents.

Wind Farm 82 With regards to the permitted wind farm element at Cullenagh, Chapter 8 of the Environmental Impact Statement contained a detailed noise impact assessment prepared by specialist noise consultants Hayes McKenzie Partnership. The noise impact assessment very clearly considers the impact on all noise sensitive residential dwellings in the vicinity and concludes that there will be no significant adverse impacts. This assessment was carried out in line with best industry practice. It refers to current best practice guidelines and concludes that the approach adopted in the EIS in relation to the issue of the existing noise, turbines, and deriving a background noise level in their absence, is robust, wholly appropriate and completely justified.

83 The mitigation in the EIS therefore addresses the level of noise and vibration associated with the construction of the wind turbines and applies relevant guidance/legislation e.g. BS5228 Part 1 & 2: 2009, and TII Guidelines to determine acceptable noise and vibration limits. This is considered appropriate to demonstrate the necessary compliance with relevant guidance until such time as planning conditions are determined with the planning authority. A Construction Environmental Management Plan (CEMP) will be developed in response to detailed design when issues of construction timing / phasing have been fully developed together with ground investigation and engineering design and following conditions on working hours and other similar arrangement have been agreed with the planning authority.

84 The First Party appeal (October 2013) and subsequent submissions to the Board (December 2013 and January 2014) also included further detail in respect of in combination impacts.

Cumulative 85 Having regard to the combined information available, the grid connection to the wind farm is anticipated to only have some small additional construction related impacts in respect of noise which can be mitigated through appropriate standard construction methodologies. Potential cumulative impacts relating to noise and vibration are deemed to be insignificant and no significant adverse cumulative impacts relating to the proposed Grid Connection and any other plans or projects are envisaged.

4.4.3.6 Air – Quality and Climate

Grid Connection 86 The excavation of the trench for the 38kV connection ducting and associated works will result in some localised air quality impacts. However the likely impacts will not be

36 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

significant, will be short term and restricted to the area being excavated at any point in time. There are no operational phase impacts associated with air quality. Standard hours of operation will mitigate impacts on local residents.

Wind Farm 87 The EIS submitted with the permitted wind farm at Cullenagh assessed the potential air quality and climate impacts associated with both the construction and operation aspects. Particular attention was given to sensitive receptors, such as residential areas adjacent to the subject site, and to the extent of the exposure of these receptors to construction dust and pollutants from vehicle exhausts generated in association with the development during the construction phase. The permitted wind farm is located within a rural setting and there are no major sources of pollutants in the vicinity of the permitted wind farm development.

88 The potential air quality impacts from the operation of the wind farm may include

generation of dust and emission of Nitrogen Dioxide (NO2) and fine Particulate Matter (PM10) by maintenance vehicles however the impacts are likely to the negligible.

89 The operation of the wind farm will result in positive climate impacts if, as a result, any amount of fossil fuel fired power and heat generation is reduced as a direct result of the wind farm operation.

90 The assessment in the EIS outlined a schedule of control measures for both the construction and operational phases to limit the air quality impacts on the surrounding area. This included the development of a dust minimization plan for the construction phase. No mitigation was proposed for the operational phase and no residual impacts were anticipated.

Cumulative 91 Based upon the above, there are no potential cumulative impacts relating to air quality as a result of the proposed Grid Connection works, the planned wind farm and the other plans or projects in combination (table 4.1).

4.4.3.7 Landscape

Grid Connection 92 Given the nature of the grid connection which is located entirely underground, there are no additional visual impacts relating to the proposed underground 38kV cable.

Wind Farm 93 The EIS submitted with the wind farm planning application noted that potential construction stage impacts relate to machinery for site preparation/enabling works and operations; erection of new turbines; and site access and vehicular and plant movements. Due to the existing topography of the site the construction works (particularly the surface works) will not be visible to the wider surrounding landscape. It is only during erection of the tower and turbine blades that the influence of construction stage activities will have a visual impact. Twenty one view points were assessed for visual impact; the significance of any effects was likely to be negligible or have a slight/moderate impact.

37 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

94 The potential operational stage impacts primarily relate to imposition of new vertical features in the landscape and their movement within a static landscape. The operational stage of the proposed wind farm development will be located directly within the Rounded Upland Hills and Mountains landscape character type. From the viewpoint analysis conducted, there are large sections of this upland landscape to the southeast that will not be influenced by the development at all due to intervening topography; the southeast section of this upland landscape is already strongly influenced by a wind farm at Gortahile. Locally, the new turbines will be dominant in this landscape (within 1km) at Cullenagh Mountain but with distance the turbines are readily absorbed into this upland landscape due to the intervening forestry and topography, particularly in the south eastern parts of the uplands and hills. The predicted significance of landscape impact is moderate. The majority of this extensive upland landscape will not be influenced by the proposals and impacts will be at a local level. Potential effects arising from the decommissioning of the wind farm at the end of its operational life will be limited to the temporary presence of cranes and other equipment required to dismantling the turbines, mast, substation and other above ground features.

95 On construction of the proposed wind farm and implementation of the mitigation measures contained in the EIS, the proposed wind farm will alter the local landscape from Rounded Upland Hills and Mountains Landscape Character Area, to Rounded Upland Hills and Mountains Landscape Character Area with Wind Farm.

Cumulative 96 Given the nature of the grid connection which is located entirely underground, there are no additional visual impacts relating to the proposed cable either in its own right, cumulatively or in combination with the permitted wind farm at Cullenagh or the other plans or projects (table 4.1).

4.4.3.8 Shadow Flicker

Grid Connection 97 Given the nature of the grid connection which is located entirely underground, there are no additional shadow flicker impacts relating to the proposed underground 38 kV cable.

Wind Farm 98 The EIS submitted with the permitted wind farm at Cullenagh states that three main groupings of houses exist. 13 properties are located due west of turbine 7, seven properties are located southeast of turbine 15 and 17 properties are located broadly between turbine 12 and turbine 16. It should be noted that a worst case scenario is always reported when using the computer model to predict shadow flicker. The model is based on an unimpeded view of the turbines in front of a low sun in a clear cloudless sky – usually in late winter and early autumn. In reality several common factors can significantly reduce these effects including: the presence of landscaping, topography, trees, the size of windows and the orientation of the dwelling.

99 With the application of the sunshine index, the EIS outlines that none of the properties in the vicinity of the proposed wind farm would exceed the guideline maximum of over 30 hours per year, due to the physical direction of the nearest properties to the turbines/sun,

38 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

low rotational speeds, frequent cloud cover, turbine to residence separation, intervening vegetation and durations of unfavourable turbine-to-sun alignment.

100 It is noted Condition no. 8 of the Board’s Order states:-

8. (a) The proposed development shall be fitted with appropriate equipment and software to suitably control shadow flicker at nearby dwellings, in accordance with details that shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development.

(b) Shadow flicker arising from the proposed development shall not exceed 30 hours per year or 30 minutes per day at existing or permitted dwellings or other sensitive receptors.

(c) A report shall be prepared by a suitably qualified person in accordance with the requirements of the planning authority, indicating compliance with the above shadow flicker requirements at dwellings. Within 12 months of commissioning of the proposed wind farm, this report shall be submitted to, and agreed in writing with, the planning authority.

Reason: In the interest of residential amenity.

Cumulative 101 Given the nature of the grid connection which is located entirely underground, there are no additional shadow flicker impacts relating to the proposed cable cumulatively with the permitted wind farm at Cullenagh or in combination other plans or projects (table 4.1).

4.4.3.9 Material Assets - Traffic

Grid Connection 102 No likely significant impacts are anticipated to arise in respect of traffic. A Construction Traffic Management Plan will be agreed with Laois County Council as part of the road opening licence, relating to the additional works. There may be the need for temporary road closures in localised areas as the works are ongoing. To ensure that no traffic hazard arises, this will include agreed diversion routes in the immediate locality of the works as necessary. The Construction Traffic Management Plan for the grid connection will be prepared and agreed with the Council. The objective of which is to minimise the short term disruption to local residents.

103 The CTMP will make provision for safe access at all times to the works zone for all businesses in proximity to the works. Where access is affected, the contractor must engage with the affected business to resolve the issue, such as a temporary route or plan working hours to suit the business.

104 The CTMP will make provision for safe access at all times to private residences in proximity to the works. Steel plates will be available with all construction crews to facilitate egress and access to residential dwellings Particular attention and co-operation will be required for the

39 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

local road sections that may be subject to closure. All facilitative works shall be done in co- operation with the local residents in the works area. Residents affected by particular works area on any given day will be made aware in advance of the impending works for that day and the anticipated progress of that particular construction crew. The contractor shall ensure that throughout the course of the works its operations do not put pedestrians at risk with particular attention to the village of Ballyroan.

Wind Farm 105 The potential traffic impacts associated with both the construction and operation of the permitted wind farm were assessed in the EIS submitted with the planning application. A detailed route assessment using specialist knowledge and experience in relation to the transportation of abnormal loads throughout Ireland was also commissioned. This included a survey of all roads in the vicinity of the wind farm and identified an access point on the local road from Timahoe to Blandsfort Cross as the principle entry point to the permitted site.

106 The main potential impact identified in the EIS on the local road network during the construction phase of the planned development related to the delivery of wind turbine plant and associated infrastructure and construction materials. In order to mitigate potential impacts to road users during construction the following mitigation measures were included:

x A detailed Traffic Management Plan (TMP) will be developed at Construction Stage and submitted to Laois County Council for agreement prior to implementation. The TMP will ensure that disruption to ‘school runs’ and major events is minimal. The TMP will stipulate that construction traffic be restricted to permitted routes only.

x The timing of oversized load delivery along the local road will be agreed with Laois County Council and An Garda Síochána to ensure that the effect on the public and emergency services is minimised – certain loads will be transported at night, subject to agreement with Laois County Council and An Garda Síochána;

x Before and After pavement condition surveys to be undertaken at Construction Stage and details provided to Laois County Council; and

x Before and After bridge inspections to be undertaken at Construction Stage for regional and local road bridges and details provided to Laois County Council. Bridge assessments to be conducted as required for abnormal loads. Bridges to be strengthened if required for abnormal loads.

107 The EIS did not anticipate that any negative impact on the traffic and road network will occur when the wind farm is operational. The proposed improvement works required during the construction phase will result in a long term positive impact for road users.

108 No mitigation measures were proposed in the EIS for the operational phase given that there will be very little traffic generated. There will be some temporary impacts (delays) while proposed road improvement works are implemented. However, provided all proposed works and other traffic management measures previously outlined are implemented there will be no long term negative residual impacts.

40 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

109 It is also noted condition no. 15 of the Board’s order requires a condition survey of local roads and that In the event of damage occurring to the public road network or associated infrastructure as a result of the construction of the wind farm, such damage shall be made good in accordance with the requirements of and to the satisfaction of the planning authority.

110 Furthermore condition no. 17 requires the submission by the applicant of a Construction Management Plan, ‘which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development’. According to Condition no. 17 the CMP is required to provide detail on inter alia:-

‘A plan for the timing and routing of construction traffic to and from the construction site and associated directional signage, to include in particular proposals to facilitate and manage the delivery of over-sized loads to the site’; [condition no. 17(c)]

Measures to prevent the spillage or deposit of clay, rubble or other debris on the public road network; [condition no. 17(e)]

Alternative arrangements to be put in place for pedestrians and vehicles in the case of the closure of any public road or footpath during the course of site development works; [condition no. 17(f)]

Details of appropriate mitigation measures for construction-stage noise, dust and vibration, and monitoring of such levels; [condition no. 17(g)]’

Cumulative 111 The potential cumulative impacts in respect of the construction of the 38kV underground cable and the permitted wind farm relate to the construction phase only, which will entail short term isolated traffic management measures as the grid connection is being built over what is anticipated to be a construction period of 30 weeks. This will cause local short term inconvenience and disturbance to residents and business along the grid route. However the works will be undertaken in sections on a phased/rolling programme so that the number of persons experiencing local inconveniences at any one time is kept to a minimum along the 15.4 km route.

112 There are no additional cumulative operational phase impacts in respect of traffic arising in respect of the underground cable.

113 The Construction Management Plan for the grid connection and the CMTP of the Cullenagh Wind Farm, will ensure that the short term disruption to local residents is minimised. This will ensure that any cumulative impacts will be short term. In addition, there are no other in combination impacts with other plans or projects (table 4.1) which are considered to have any significant impacts.

41 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

4.4.3.10 Material Assets - Agriculture and Forestry

Grid Connection 114 There are no additional significant adverse impacts envisaged from the proposed grid connection works on forestry or agricultural land. Some localised removal of trees on Coillte lands will occur to allow for trenching parallel to the public road. There are no operational phase impacts associated with the proposal.

Wind Farm 115 The potential impacts to agricultural material assets associated with both the construction and operation were assessed in the EIS submitted with the planning application in relation to the planned wind farm including reference to enterprise type, and intensity, land quality and impact to farm structures including houses.

116 The surrounding agricultural environment is primarily based on grass and forestry with some tillage. The land quality, soil types and general management would indicate good productivity is being achieved from local farms. The bulk of the forestry in the area is owned and managed by Coillte but there are considerable blocks of forestry in private ownership. According to the EIS submitted with the application, the permitted wind farm will not have a significant impact on agriculture from a national or regional perspective, however it will have an impact at a local level due to loss of forestry land and a small area of land currently farmed. The Cullenagh wind farm development will require approximately 9.3 hectares of forestry land and approximately 0.4 hectares of farm land.

117 With regards to forestry, the key potential impacts from the permitted development relate to water quality and are associated with the felling and construction of the permitted wind farm. Tree felling will be undertaken prior to the construction of site access roads and hardstanding areas. Keyhole felling around the required infrastructure, with some additional localised areas, is proposed for the site. The rate of absorption of a felled site, and therefore rate of run-off, is slightly higher than that of a forested site. However the area of proposed felling is small and in localised blocks relative to the overall planted area and is expected to develop a vegetation ground cover relatively quickly. Thus, no significant increase in the rate of run-off is anticipated as a result of felling or risk of downstream flooding.

118 Where roads are to be constructed parallel to the contours on site, existing forest drains will be intercepted in channels on the upslope side of the new road. An interceptor cut-off drain will be excavated which will collect surface water run-off from any existing forest drains. At the down slope end a distributor drain of the same size will be excavated which will then distribute flows back into forest drains on the down slope side. The locations of the crossings will be chosen at low points across the site. Brash which is left in place can potentially lead to an increase in sediment and nutrients in the surface water run-off however the establishment of buffer zones around riparian areas will minimise this potential.

119 Once the permitted wind farm is operational, the potential impacts will be minimal, and will largely comprise the implementation of felling to maintain a 21m terminal height for certain tree stands (trees above this height create turbulence or eddies in air flow which can affect the operation and efficient working of turbines).

42 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

120 There are no additional impacts envisaged in respect of agriculture and forestry, in respect of the operational phase.

Cumulative 121 There are no additional significant adverse impacts envisaged from the proposed grid connection works on forestry or agricultural land cumulatively with the wind farm at Cullenagh or in combination with any other plans or projects.

4.4.3.11 Archaeology, Architectural and Cultural Heritage

Grid Connection 122 The additional works relate to the construction of an underground cable within the verge of existing roads to a depth of c. 1.2m for the majority of the route. A Cultural Heritage Assessment report was prepared by Courtney Deery Heritage Consultancy (see Appendix C).

123 The proposed cable route travels predominantly (c. 78%) along the existing public road network, thus avoiding any direct impacts on upstanding recorded archaeological monuments and greatly reducing the number of potential impacts on archaeological heritage. In addition to features of interest (which include areas of potential archaeological/industrial heritage) the following features are outlined in the Courtney Deery Report:-

Table 4.2 - RMP Sites within c. 100m of the proposed cable route

Distance from RMP No. Site Type Townland NGR existing road / lane Settlement – 0m LA024-060 Ballyroan 646739 / 688885 deserted medieval LA024-059 Building Ballyroan 646711 / 688889 c. 5m west LA024-060001 Church Ballyroan 646673 / 688951 c. 60m west LA024-060002 Graveyard Ballyroan 646674 / 688938 c. 37m west LA024-006001 Castle – motte Ballyroan 646587 / 688836 c. 100m west LA024-006002 Castle - unclassified Ballyroan 646576 / 688830 c. 100m west LA024-011 Enclosure Cloncullane 648209 / 688977 c. 40m north LA018-027 Enclosure Crubeen 647250 / 690196 c. 80m east

43 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Table 4.3 - RPS / NIAH Sites along the proposed cable route

Status Site Village / Townland NGR RPS 314 / NIAH Ref. O’Nuallain 17th century 12802403 & RMP buildings (NIAH national Ballyroan Village 646711 / 688889 LA024-059 rating)

House , 3-bay, 2-storey, RPS 316 Ballyroan Village 646783 / 688929 early 19th century

Ballyroan Catholic RPS 317 / NIAH Church c. 1840 (NIAH Ballyroan Village 646852 /688643 12802401 national rating)

House, 3-bay, 2-storey RPS 658 / NIAH house c. 1820 (NIAH Ballyroan Village 646730 / 688907 12802404 regional rating)

House, 4-bay, 2-storey RPS 659 / NIAH c.1895. Pub on ground Ballyroan Village 646739 / 688831 12802405 floor (NIAH regional rating) Ballyroan School RPS 660 (former), single-storey, Ballyroan Village 646731 / 688788 1888 RPS 665 / NIAH House in ruins c.1770 Ballyroan Village 646709/ 688863 12802413 (NIAH regional rating)

Glenbrook House, Glebe RPS 662 / NIAH Ballyroan townland; House, mid-19th century 647543/ 688489 12802408 Bunny’s Bridge (NIAH regional rating)

Ballyroan / Cloncullane 647339/ 688566 to RPS 661 Section of Coach Road townlands, Bunny’s 647561/ 688593 Bridge Woodville House, c. RPS 589 / NIAH 1800 (NIAH regional Meelick townland 648100/696408 12801304 rating) Gate Lodge to Woodville RPS 590 Meelick townland 648131/696597 House

124 The Courtney Deery report recommends that the contractors should be made aware of the locations of these sites and that no off-road ground works, access tracks, parking, machine traffic, storage of equipment/soil or any other activities that may have a potentially negative impact should occur within their vicinity.

While there are no recorded archaeological monuments on the direct footprint of the proposed development there is nonetheless, some potential for the presence of unrecorded sub-surface archaeological features and artefacts within the public road element of the study area. It is, therefore, recommended that all ground disturbance works required by the proposed development within the public road should be subject to archaeological monitoring; archaeological monitoring of sub-surface excavations should be undertaken

44 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

where (a) sections of the public road that are not set in cuttings and (b) in areas located within 50 metres of a recorded monument.

125 It should be noted that in the event that any unrecorded archaeological deposits, features or artefacts are uncovered during monitoring the preferred policy of the Department of Arts, Heritage and the Gaeltacht is for preservation in situ. Where avoidance of identified archaeological sites or features is not possible they must be preserved in record by a systematic archaeological excavation. All construction design responses that may arise in relation to uncovered archaeological materials will be discussed and agreed with the National Monuments Service and Planning Authority.

126 It is unlikely that the construction phase of the proposal will have any impact on cultural heritage. The operational phase will have no impacts.

Wind Farm 127 The potential archaeology, architecture and cultural heritage impacts associated with both the construction and operation of the permitted wind farm at Cullenagh were assessed in Chapter 15 of the EIS. No residual impacts were envisaged as all archaeological and cultural heritage issues will be resolved at the pre-construction and construction stages of the permitted wind farm.

Cumulative 128 Taking cognisance of the planned mitigation measures for the wind farm and the deemed insignificant effects of the proposed grid connection works, potential cumulative impacts are deemed to be insignificant and no significant adverse cumulative impacts relating to the proposed Grid Connection and the other plans or projects are envisaged (table 4.1).

4.4.3.12 Inter-relationship/Interactions between Factors

Grid Connection 129 While there is potential for interaction of impacts between environmental topics associated with the grid connection (for example the excavation of the trench for the 38kV connection may result in interactions between air quality impacts and impacts on human beings in relation to dust), it is unlikely, as a result of the protective measures built into the design phase and outline construction methodology of the proposed development (see section 2 above) that these will result in significant additional impacts.

Wind Farm 130 The potential interactions between environmental topics associated with both the construction and operation of the permitted wind farm at Cullenagh were assessed in Chapter 21 of the Cullenagh Wind Farm EIS. The conclusions were ‘based on the positive impacts of the development, and the low level of negative impacts (as mitigated, where required), it is considered that Cullenagh is a suitable location for wind farm development which is in accordance with the Laois Wind Strategy 2011-2017’.

Cumulative

45 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

131 Having regard to the mitigation measures for the wind farm and the deemed insignificant effects of the proposed grid connection works, potential in-cumulation impacts are deemed to be insignificant and no significant adverse in-cumulative impacts are envisaged.

4.4.4 Sub Threshold Development Checklist

132 The following checklist taken from Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-threshold Development (2003) is designed assist in determining whether or not there is likely to be significant impacts arising from the project. EIA is required based on the characteristics of the likely impacts of a project i.e. to decide whether the effects of a project are likely to be significant. The proposed development is considered against this checklist. Where an impact arises or is likely to arise, details of the mitigating measures proposed in respect of the project are set out. We have in addition to looking at the project, we have also considered the cumulative impacts of the wind farm and the in combination impacts of the other plans and projects using this checklist. Questions in the checklist to be considered are as follows:

1. Will there be a large change in environmental conditions? 2. Will new features be out-of-scale with the existing environment? 3. Will the effect be particularly complex? 4. Will the effect extend over a large area? 5. Will there be any potential for transfrontier impact? 6. Will many people be affected? 7. Will many receptors of other types (fauna and flora, businesses, facilities) be affected? 8. Will valuable or scarce features or resources be affected? 9. Is there a risk that environmental standards will be breached? 10. Is there a risk that protected sites, areas, features will be affected? 11. Is there a high probability of the effect occurring? 12. Will the effect continue for a long time? 13. Will the effect be permanent rather than temporary? 14. Will the impact be continuous rather than intermittent? 15. If it is intermittent will it be frequent rather than rare? 16. Will the impact be irreversible? 17. Will it be difficult to avoid, or reduce or repair or compensate for the effect?

133 The proposed development is considered against the sub-threshold checklist in Table 4.4.

46 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Table 4.4 – EIA Sub Threshold Development Checklist

No. There will not be a large change in environmental conditions arising from the addition of the grid connection and the wind farm cumulatively. The potential additional impacts relate primarily to the construction phase of the development. Once 1. Will there be a large change in constructed the underground cable will not have an impact on environmental conditions. There will be no cumulative impacts of environmental conditions? the underground cable on environmental conditions with the permitted wind farm or in combination with other plans and projects/plans. 2. Will new features be out-of-scale with No. The addition of the underground cable will not be out of scale with the existing environment as it will be buried underground the existing environment? and not visible. Therefore the cumulative impacts are not considered to be significant. No. The effects are relatively predictable as there are many such underground cable developments throughout the country and the construction methodology is known. The construction of the wind farm is not considered to be particularly complex. The range of mitigation measures contained in the EIS and the additional measures proposed in submissions to the Board as well as 3. Will the effect be particularly the Board’s order which attached a number of conditions will ensure that the wind farm will not result in any significant impacts complex? on the environment. Once constructed there will not be any particular complex impacts or effects. The construction of the underground cable will incorporate appropriate measures to ensure that impacts are kept to a minimum. There will be no cumulative complex impacts between the wind farm and grid connection or in combination with other plans and projects. No. The linear nature of the proposal over its c. 15km route is relevant. There will be some short term impacts during the 4. Will the effect extend over a large construction phase as the underground cable is laid over its c. 15 Km length. However the laying of the underground cable will area? occur in stages over the length of the route. Therefore the impacts will be by and large localised and sequenced so as to reduce impacts. No. There is no potential of any trans frontier impact. The proposal is located within the administrative area of Laois County 5. Will there be any potential for trans Council. There will be no cumulative trans frontier impacts of the underground cable whether in isolation or in combination with frontier impact? other plans and projects. There will be some short term impacts during the construction phase as the underground cable is laid. The contractor will liaise with the relevant authorities to ensure that the impacts to local residents along the route are kept to an acceptable level. Any 6. Will many people be affected? additional impacts arising are not considered to be material. There will be no material impacts of the underground cable works with regards to any other plans or projects that may be ongoing. There will be some short term impacts during the construction phase as the underground cable is laid, particularly in respect of traffic management with regards to sensitive receptors. This will cause local short term inconvenience and disturbance to 7. Will many receptors of other types residents and business along the grid route. However the works will be undertaken in sections on a phased/rolling programme so (fauna and flora, businesses, facilities) be that the number of persons experiencing local inconveniences at any one time is kept to a minimum. affected? The impacts associated with the installation of the proposed Grid Connection cumulatively with the permitted wind farm are not considered to be significant and are deemed to be negligible. Taking into consideration the nature of the works (installation in the

47 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

body of the road, no in-stream works) and temporary duration of the proposed works together with the consented wind farm at Cullenagh, potential cumulative impacts are deemed to be insignificant and no significant adverse impacts on European Sites within 15km of the proposed development site. (Refer to Ecological/Appropriate Assessment Screening Report) of the proposed Grid Connection and wind farm cumulatively or in combination with other plans and projects are anticipated. It is noted the grid connection route will traverse for a short distance (c. 50m) a pHNA (Ref: 000876). The pNHA relates to the ‘ridge of Portlaoise’. The main features of interest of this pNHA are esker ridge, semi-natural woodland and species-rich calcareous grassland. In light of the fact that the proposed grid connection route will be located within the envelope of an existing road, and having regard to the nature of main habitat and species, it is considered there will be no impact to the pNHA arising from the grid connection. The route selection and outline construction methodology will ensure that environmentally sensitive areas are avoided. The cable will be incorporated within the bridges or will be accommodated below the stream using directional drilling and there is no requirement for disturbance to watercourses/drains. There are no instream works proposed as a result of the grid connection. A 8. Will valuable or scarce features or Cultural Heritage Assessment of the underground cable route prepared by Courtney Deery has included mitigation measures in resources be affected? the event that as yet undiscovered underground features of interest are found. The Coach road (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there will be no impact upon the built heritage aspect of this roadway (see Appendix D). 9. Is there a risk that environmental The inclusion of a construction management plan will ensure that there is minimal risk in relation to environmental standards standards will be breached? being breached in respect of noise, dust, etc. The proposed cable works cross a tributary of the River Nore at two locations along its length (the Ballyroan Stream, Nore River Catchment), and tributaries of the River Barrow at six locations along its length (the Triogue River and its tributaries, Nore River Catchment). The proposed works therefore have an indirect, although remote, connectivity to the River Barrow and River Nore SAC (approximately 12km and 16km downstream of works respectively). However, the proposed works are located a significant distance upstream of the River Barrow and River Nore SAC (12km at its nearest point). Further, a number of protective measures have been built into the design phase and outline construction 10. Is there a risk that protected sites, methodology of the proposed project (see above). There will be no requirement for in-stream works. It is proposed that the areas, features will be affected? cabling of the route across natural watercourses/drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is the case, all works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi-natural habitat. Where it is not possible to cross the watercourse/drain in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the watercourse/ drain, such as silt traps, constraints zone around watercourse etc. (Refer to Appropriate Assessment Screening Report)

With this taken into account, (a) it is considered there is a low risk of sediment laden run off being generated, and; (b) given this

48 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

low risk and the significant distance upstream from the River Barrow and River Nore SAC (12-16Km) it is highly unlikely that any sediment transported in run-off from the site will have an opportunity to reach the River Barrow and River Nore SAC. Therefore, no adverse impacts associated with the proposed cable works on the qualifying features of interest of the SAC are anticipated. A Cultural Heritage Assessment of the underground cable route prepared by Courtney Deery has included mitigation measures in the event that as yet undiscovered underground features of interest are found. The Coach road (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there will be no impact upon the built heritage aspect of this roadway. Best practice construction methods as set out in CMP will ensure that there is a very low probability of an impact occurring in respect of Natura 2000 sites. The proposed cable route travels predominantly along the existing public road network, thus avoiding any direct impacts on upstanding recorded archaeological monuments and greatly reducing the number of potential 11. Is there a high probability of the impacts on archaeological heritage. For Ballyroan Village there is the potential for as yet undiscovered remains of the Medieval effect occurring? Settlement (LA024-060), to be impacted upon. The Coach road (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there will be no impact upon the built heritage aspect of this roadway. A Cultural Heritage Assessment of the underground cable route prepared by Courtney Deery has included mitigation measures in the event that as yet undiscovered underground features of interest are found. There are no likely significant effects to any European Site. Any potential impacts are short term and localised restricted to the construction phase. Particular potential impacts to the tributaries of the River Nore are restricted to bridge crossings. However it is important to note there are no instream works proposed. There will be no requirement for in-stream works. It is proposed that the cabling of the route across natural watercourses/drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is the case, all works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi-natural habitat. Where it is not possible to cross the watercourse/drain in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the watercourse/drain, such 12. Will the effect continue for a long as silt traps, constraints zone around watercourse etc. time? The proposed cable route travels predominantly along the existing public road network, thus avoiding any direct impacts on upstanding recorded archaeological monuments and greatly reducing the number of potential impacts on archaeological heritage. For Ballyroan Village there is the potential for as yet undiscovered remains of the Medieval Settlement (LA024-060), to be impacted upon. The Coach road (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there will be no impact upon the built heritage aspect of this roadway. A Cultural Heritage Assessment of the underground cable route prepared by Courtney Deery has included mitigation measures in the event that as yet undiscovered underground features of interest are found. The potential impacts are restricted to the construction phase of the project.

49 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

Any potential construction phase impacts will be temporary short-term and localised in respect of European Sites. As in the case of all development, if as yet undiscovered archaeological features are found the impact would be permanent. The Coach road 13. Will the effect be permanent rather (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there than temporary? will be no impact upon the built heritage aspect of this roadway. A Cultural Heritage Assessment of the underground cable route prepared by Courtney Deery has included mitigation measures in the event that as yet undiscovered underground features of interest are found. There are no impacts associated with the operational phase. Most impacts will be short term in nature and would relate to the construction phase. Once completed there are no impacts 14. Will the impact be continuous rather associated with the proposal. Intermittent impacts relate to the rolling/sequential nature of the construction phase due to the than intermittent? linear nature of the proposal. As in the case of all development, if as yet undiscovered archaeological features are found the impact would be permanent. A Cultural Heritage Assessment of the underground cable route prepared by Courtney Deery has included mitigation measures in the event that as yet undiscovered underground features of interest are found.

15. If it is intermittent will it be frequent Any impact would be rare. Any potential impacts will be short term in nature and would relate to the construction phase. Once rather than rare? completed there are no impacts associated with the proposal.

There is a very low probability of an impact occurring. The potential impacts are short term and localised restricted to the construction phase. Particular potential impacts to the tributaries of the River Nore are restricted to bridge crossings. There will be no requirement for in-stream works. It is proposed that the cabling of the route across natural watercourses/drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is the case, all 16. Will the impact be irreversible? works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi-natural habitat. Where it is not possible to cross the watercourse/drains in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the underlying watercourse/drains, such as silt traps, constraints zone around watercourse etc. There is a very low probability of an impact occurring. Any potential effects can be avoided or reduced by best practice construction methodologies as part of CMP. The potential impacts are short term and localised restricted to the construction phase. There will be no requirement for in-stream works. It is proposed that the cabling of the route across natural watercourses/ drains will be in the body of the road or the soft verge adjacent to the bridge parapet for the majority of the route. Where this is 17. Will it be difficult to avoid, or reduce the case, all works will be confined to existing road infrastructure and there will be no encroachment onto adjacent areas of semi- or repair or compensate for the effect? natural habitat. Where it is not possible to cross the watercourse/drain in the body of the road, for example the floating road section, then directional drilling will be used to cross underneath the river bed. Again, protective measures have been built into the project design to ensure the protection of the underlying watercourse/drain, such as silt traps, constraints zone around watercourse/drain etc. The Coach road (RPS 661) will be directly impacted by the proposed underground cable route. However due to its modern tarmac surface, there will be no impact upon the built heritage aspect of this roadway.

50 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

4.4.5 Conclusions Regarding Sub-threshold EIA

134 In the context of the above assessment of the proposed grid route and permitted wind farm, which relate to the content of the checklist provided in the EIA Guidance for Consent Authorities regarding Sub-Threshold Development (2003, DoECLG), any known impacts that have the potential to arise are concluded to be temporary, reversible, negligible to slight, and of no particular complexity having regard to inter alia:-

The characteristics of the receiving environment; The temporary nature of the proposed works, proposed phasing and separation between works and the limited and intermittent extent of any potential impacts associated with the construction of the development; The underground nature of the operational aspects of the development; The fact that a Traffic Management Plan will be agreed with the local authority; That no instream works are proposed; That works will be undertaken in accordance with a Construction Management Plan and recommendations of a Cultural Heritage Assessment; That the scale of the proposed development is not of a large magnitude or of significant complexity and would not result in trans-frontier impacts; and That the potential for impact will be limited to a short duration and low frequency during the construction stage and no potential for impact is expected to arise once the development is operational.

135 In conclusion, it is the case that the subject proposal (as described in Section 2 of this Report) consisting of an underground cable does not comprise a type of development prescribed in Schedule 5, Part 2 and the development does not and cannot qualify as a sub- threshold development.

136 Notwithstanding this, and having regard to the comprehensive and precautionary approach adopted and followed for the assessment procedure for sub-threshold development in this EIA screening statement to specifically address the O’Grianna decision, it is considered that the proposed underground cable and the permitted wind farm (18 no. turbines and associated infrastructure) at Cullenagh (as one development) are unlikely to have a significant effect on the environment.

Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

5 ASSESSMENT AND CONCLUSIONS

5.1 MANDATORY EIA

1 Schedule 5 Part 1 of the Planning and Development Regulations 2001-2015 (hereinafter referred to as ‘the Regulations’) sets out specified development for mandatory EIA. Class 20 of same refers to overhead electrical power lines of 220kV or more with a length of over 15km. Class 22 refers to changes or extension to projects listed in the Annex where the change or extension in itself meets specified thresholds. An underground cable does not comprise a development specified in Schedule 5 Part 1 that would trigger a mandatory EIA.

2 Class 13 Schedule 5 Part 2 of the Regulations refers to changes, extensions, development and testing related to projects of the classes set out in Part 1 or in Part 2 Sections 1 to 12. The proposed addition of the underground cable to the project description of a wind farm for the purposes of EIA will not result in an increase of 25% (there are no turbines proposed) and will not result in an amount equal to 50% of the appropriate threshold. Therefore a mandatory EIA is not required under this approach.

5.2 EIA FOR SUB-THRESHOLD DEVELOPMENT

3 The proposed development of an underground grid connection is not of a type listed in either Part 1 or Part 2 of Schedule 5 of the Regulations. In our opinion, it therefore does not comprise of a project that falls beneath the specified thresholds for same. Therefore the proposal does not comprise ‘sub threshold development’ for the purposes of EIA. As such it is not necessary to undertake the assessment procedure for sub-threshold development as set out under Schedule 7 of the Regulations.

4 However, notwithstanding the fact the development does not and cannot qualify as sub- threshold development, in taking a comprehensive and precautionary approach we have adopted and followed the assessment procedure for sub-threshold development as set out under Schedule 7 in this EIA Screening Report. In doing so, we have specifically addressed the findings of the High Court in O’Grianna, in particular, the requirement that cumulative impacts of the entire wind farm project be assessed prior to construction.

5 Therefore this EIA Screening Report has considered the cumulative impacts as well as the potential in combination impacts with other plans and projects of the proposed 38kV underground grid connection from the permitted wind farm at Cullenagh to the existing ESB substation in Portlaoise in terms of’ (i) Characteristics of Proposed Development, (ii) Location of Proposed Development and (iii) Characteristics of Potential Impacts’ in accordance with the DoEHLG Guidance Document Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-threshold Development (2003) in determining whether the development of the permitted wind farm and proposed grid connection would or would not be likely to have significant effects on the environment.

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5.2.1 Characteristics of the Proposed Development

6 The characteristics of the proposed development of the 38kV underground cable linking the permitted wind farm at Cullenagh and the existing substation in Portlaoise are not considered to be significant having regard to the location of the works within the envelope of the existing public road carriageway. There are no additional in combination impacts vis a vis the permitted wind farm which would cause concern.

7 The impacts associated with the installation and operation of the proposed grid connection are deemed to be neutral and any potential for in-combination impacts associated with the proposed Grid Connection are deemed to be negligible and insignificant when considered in combination with other projects identified in Section 4. Taking into consideration the nature of the works (installation in the body of the road, no in-stream works) and temporary duration of the proposed works together with the consented wind farm at Cullenagh, potential impacts are deemed to be insignificant and no significant adverse impacts on the environment of the proposed Grid Connection whether in isolation or in combination with other plans and projects are anticipated.

5.2.2 The Location of the Proposed Development

8 In relation to the location of the proposed development the construction methodology of the proposed underground 38kV cable and the extensive mitigation measures set out in the permitted wind farm EIS along with the conditions attached by the Board, will ensure that there will be no significant risk of impacts arising from the proposed underground cable and the permitted wind farm in combination with any other plans or projects.

9 It is noted the grid connection route will traverse for a short distance (c. 50m) a pHNA (Ref: 000876). The pNHA relates to the ‘ridge of Portlaoise’. The main habitat or species comprises - Esker ridge, ash/hazel woodland, species-rich grassland, disused gravel pits. In light of the fact that the proposed grid connection route will be located within the envelope of an existing road, and having regard to the nature of main habitat and species, it is considered there will be no impact to the pNHA arising from the grid connection.

10 The existing use of the lands where the development is to be carried out comprises public roadway and associated roadside verges, improved agricultural grassland, farm and forest tracks to an existing substation compound and a small area of incidental land associated with the site substation. It is not considered that the relative abundance, quality and regenerative capacity of any natural resources in the area will be affected by the proposed underground grid connection.

11 With respect to the absorption capacity of the natural environment, it is again noted that the development is to be carried out predominately (78%) along a public road, which is a relatively robust environment. Environmental receptors in the area would be accustomed to a certain level of traffic, noise and dust. This is particularly notable for much of the route, which is located along regional roads for the most part. Any traffic impacts will be mitigated through consultation with Laois County Council and the adoption of a CTMP for a road opening licence.

53 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

5.2.3 The Characteristics of the Proposed Development

12 In relation to the Characteristics of Potential Impacts, it is considered that the cumulative impacts of the gird route and permitted wind farm will not result in any additional significant impacts to those assessed in the Cullenagh wind farm EIA which includes extensive mitigation measures (including conditions attached to the Board’s Order, which will ensure that the cumulative impacts associated with the wind farm are minimised. The works relating to the grid route are typical of those associated with the construction of an underground cable within the envelope of a public road. It is important to note there are no instream works proposed. Cabling of the route across natural watercourses/ drains will be in the body of the bridge or accommodated beneath the stream/culvert where required using directional drilling.

13 Section 4.4 of this Report demonstrates that any potential impacts can be mitigated and manged using standard construction methodologies and conditions. The residual impacts of the proposed grid connection cumulatively with the permitted wind farm as well as in combination with other plan or project are negligible. The EIA checklist set out in Table 4.2 also confirms the relatively low level of potential impacts relating to the cumulative impacts of the proposed grid connection and the permitted wind farm as well as in combination with other plans and projects on the receiving environment.

14 It is concluded from the foregoing that an EIS is not required due to the use of well- established, environmentally sensitive design and construction methodologies.

5.2.3.1 The Project (Grid Connection)

15 Any minor localised impacts relating to traffic disruption during the construction phase are not considered to be significant impacts on the receiving environment and will be ameliorated in consultation with Laois County Council through the development of the CMP (and associated Traffic Management Plan).

16 The low risk of run off and potential of suspended sediment being generated by the addition of the grid connection, and highly unlikely scenario that any sediment transported in run-off from the site will have an opportunity to reach the River Barrow and River Nore SAC (located some 12-16km downstream);

x The design of the proposed grid connection which does not require any instream works;

x The Outline Construction Methodology which includes measures to ensure the protection of watercourses and drains (ensures that there is no impact on the water quality of the streams of the area);

x The localised nature of the works within the public road and the rolling nature of the works along the route ensuring impacts to local residents are kept to a minimum;

x The relatively short term and temporary nature of the works relating to the proposed grid connection;

54 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

x The location of the subject site outside of any European Site, and the distance to such sites;

x The underground nature of the proposal (no additional visual impacts arising);

5.2.3.2 Entire Project – Cumulative (Grid Connection + Wind Farm)

17 The cumulative impacts associated with the installation of the proposed grid connection in addition to the permitted wind farm are deemed to be negligible and insignificant.

18 Taking into consideration that there are no in-stream works proposed (and that the grid route will be installed in the body of the road) as well as the temporary duration of the proposed works cumulatively together with the consented wind farm at Cullenagh, potential impacts are deemed to be insignificant and no significant adverse impacts on the environment are anticipated arising.

19 The Board’s Order and summary on EIA stated the following:-

x The mitigation measures set out in the EIS relating to the permitted wind farm at Cullenagh;

x The conditions attached to the permitted wind farm at Cullenagh;

5.2.3.3 In Combination (Grid Connection and Plans and Projects)

20 The in combination impacts associated with the installation of the proposed grid connection are not considered to be material and any potential impacts are deemed to be negligible and insignificant for the projects and plans identified above. Taking into consideration the nature of the works (installation in the body of the road, no in-stream works) and temporary duration of the proposed works together with the consented wind farm at Cullenagh, potential impacts are deemed to be insignificant and no significant adverse impacts of the proposed Grid Connection whether in isolation or in combination with other plans and projects are anticipated.

55 Proposed 38kV Underground Electric Grid Connection to permitted wind farm at Cullenagh, Co. Laois - EIA Screening Report

It is therefore concluded that the proposed 38kV underground cable is not likely to have significant effects on the environment in combination with other plans and projects (projects are listed in Table 4.1 and plans are considered in Table 4.3 of the AA Screening Report).

APPENDIX A EIS submitted with PRR 13/268 & Appeal Submissions (On disc)

APPENDIX B ESB Standard Specification for 38kV Networks Ducting/Cabling

Appendix C Courtney Deery Cultural Heritage Report