Bailie Foods Limited Bailieboro, Co

Bailie Foods Limited Bailieboro, Co. Cavan, Ireland Telephone +353-42-969 4200 Fax +353-42-966 5534 www.lakeland.ie

PO Box 3000, Johnstown Castle Estate, Co. Wexford.

January 2012.

Dear Sir/Madam,

Re: Application For a Technical Amendment by IPPC Licence No. PO406-03 Bailieboro Foods Limited and Bailie Foods Ireland Limited.

Bailieboro Foods Limited and Bailie Foods Ireland Limited formally request a technical amendment to IPPC Licence No. PO406-03. As part of the consultation process of requesting the For inspection purposes only. Consent of copyright owner required for any other use. technical amendment, consultation with Ms. Mary Sheehan (EPA Inspector), Mr. Patrick Byrne (EPA Office of Climate, Licensing & Resource Use), Ms. Allison Treanor (Senior Environmental Scientist of Cavan County Council) and Ms. Marice Galligan (Senior Planner of Cavan County Council) was carried out.

ExistinP Situation On Site:

At present on site, septic tanks service the domestic wastewater requirements of the different areas of the site. After entering the septic tanks, domestic wastewater enters a number of pump sumps. The domestic wastewater is mixed with the process wastewater and is pumped up to

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 the existing wastewater treatment works (WWTP) and treated in the WWTP on site with the final discharge entering the River Lear.

Reason For Technical Amendment Request:

As part of the improvements/upgrade of the process WWTP, which is currently ongoing the recycling of the process wastewater cannot have domestic wastewater mixing with process wastewater. It is for this reason that an application for planning permission was submitted to Cavan County Council to install 2 new treatment systems and percolation areas with the 2 new pumping mains. There is also a smaller treatment system and percolation area proposed to service the 2 operatives at the Wastewater Treatment Plant, however the toilet facilities at this location may be removed avoiding the installation of another treatment system and soil polishing filter.

Site Assessor to carrv out site suitabilitv assessments in accordance with EPA Guidelines

We have contracted Nevin Traynor of Traynor Environmental Ltd who is EPA/FAS Certified to carry out EPA Site suitability assessments. Traynor Environmental Ltd are on the approved panel For inspection purposes only. Consent of copyright owner required for any other use. of site assessors for Cavan County Council.

Nevin Traynor of Traynor Environmental Ltd has liased with Ms. Allison Treanor - Environment Section of Cavan County Council and Ms. Marice Galligan Senior Planner with Cavan County Council throughout the project. Nevin has also contacted Mr. Noel Mc Gloin Senior Fisheries

Environmental Officer of the Inland Fisheries Office to discuss the proposed works which are outlined below.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 Proposed Works

It is proposed that the new domestic wastewater treatment systems and percolation areas/soil polishing filters will be constructed in accordance with EPA Guidelines 2009 Code of Practice: Wastewater Treatment Systems for Sinnle Houses and EPA Treatment Svsterns for Small Communities, Business, Leisure Centres and Hotels. From the EPA Site Suitability Assessments which were carried out, it is evident that the site in the areas which were identified as having verv good percolation characteristics, effluent can be treated adequately in accordance with the 2009 Code of Practice Wastewater Treatment and Disposal Systems Serving Single Houses and EPA Guidelines Treatment Systems for Small Communities, Business, Leisure Centres and

Hotels. it is proposed to install Treatment Systems which are fully compliant with EN12566- 3:2005 in accordance with Section 5.1 of the above Code of Practice.

The expected level of treatment and the expected effluent quality after the proposed Treatment

Systems is detailed in Table 1 below. Discussions have taken place with 2 Wastewater

Treatment System Suppliers to date namely Mr. PJ Finn of Hydro International and Mr. Diarmuid

0 Reilly of 0’ Reilly Oakstown Ltd. Both treatment systems are fully compliant with EN 12566-3.

Table 1- Treatment Efficiency Prior to Soil Polishing Filters in accordance with EN 12566-3 Parameter Efficiency % Effluent Quality For inspection purposes only. Consent of copyright owner required for any other use. COD 93.0% 46mg/l

BODS 97.5% 8mg/l

NH4-No 61.0% 13mg/l

Suspended Solids 96.7% 12mg/l

Proposed Amendment

Bailieboro Foods Limited and Bailie Foods Ireland Limited is now seeking an amendment to IPPC Licence PO406-03 to install the 2 No. Treatment Systems which are fully EN 12566-3 Certified

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 and associated soil polishing filters constructed in accordance with EPA Guidelines 2009 as detailed above. The final treated effluent will discharge to ground waters at Lear, Bailieborough, Co. Cavan.

Should you require any further information please do not hesitate to contact me.

Yours sincerely,

Kathryn 0’ Flynn Environmental & Functions Manager For Bailie Foods Ltd

For inspection purposes only. Consent of copyright owner required for any other use.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 Bailie Foods Limited Bailieboro, Co. Cavan, Ireland Telephone +353-42-9694200 Fax +353-42-9665534 www.lakeland.ie

Environmental Protection Agency

Office of Climate, Licensing and Resource Use, PO Box 3000,

Johnstown Castle Estate,

COWexford.

Company Name: Bailieboro Foods Limited

Dear Sir/Madam,

Re: Application For a Technical Amendment by IPPC licence No. PO406-03 Bailieboro Foods limited and Bailie Foods Ireland limited.

For inspection purposes only. Bailieboro Foods Limited and BailieConsent Foods of copyrightIreland owner Limited required formally for any other requestuse. a technical amendment to IPPC Licence No. PO406-03.

ExistinP Situation On Site:

It has come to our attention that there is a potential anomaly in the permitted air emission volume from the combined heat and power (CHP) plant due to the operation of supplementary firing of the exhaust gases.

The data for proposing emission limit values (ELVs) for air emissions from the CHP plant used information provided by the gas turbine manufacturer and were normalised under the following conditions: 273K, 101.3kPa, dry gas and 15% oxygen as required under condition 4.2 of IPPC Licence Register No.PO406-03. When the turbine is operating without supplementary firing there is no issue, as the oxygen concentration in the exhaust gases from the turbine are in range of 15% oxygen and the oxygen correction factor has no significant impact on the air emission volume.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 Reason for Technical Amendment Request:

The CHP plant at Lakeland Dairies incorporates supplementary firing before the waste heat recovery boiler. Supplementary firing involves combusting natural gas (to produce more heat to generate additional steam) utilising the residual excess oxygen in the turbine exhaust gases and is fired without the introduction of additional combustion air. The only air used for combustion during supplementary firing is the exhaust air from the CHP turbine. This Supplementary firing process further improves the already high efficiency of the CHP and is much more energy efficient compared to a conventional boiler running at low fire to generate the same quantity of steam. As a result of this supplementary firing process, the exhaust gas has a reduced oxygen content depending on the plant heat demand and rate of Supplementary firing. The oxygen concentration can range between 15.2% at low supplementary firing to 11.9% at maximum supplementary firing.

The volume of combustion gases created by supplementary firing are small (approximately 900 Nm3/hr at STP) and within the licensed emissions. However, it was not recognised until now that the reduction in oxygen concentration due to supplementary firing could create a very significant calculated increase in volume corrected to 15% oxygen as required under condition 3.2. (Note: All compliance monitoring completed to date indicates compliance with the ELVs.)

This is explained by way of an example:

60,000 m3/hrat 273K, 10?.3kPa, dry gas and 15.2% oxygen becomes 58,000 Nm3/hr at STP, dry and 15% oxygen.

61,000 m3/hr at 273K 101.3kPa, dry gas and 1 1.9% oxygen becomes 92317 Nm3/hr at STP, dry and 15% oxygen. For inspection purposes only. Consent of copyright owner required for any other use.

The requirement to correct to 15% oxygen as required by condition 4.2 is to prevent artificial reduction of a high pollutant concentration by adding dilution air i.e. as may be indicated by oxygen concentrations in excess of 15% oxygen.

&,a@lqpd &,a@lqpd Dairies recognises that the application of oxygen correction is also applied to the concentration of NOx in the exhaust gas and in applying the oxygen correction factor to both concentration and volume, it causes equal and opposite corrections to concentration and volume with no net increase in the mass emission rate of the pollutant.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 NOx Volume Emission NOx 02 Corrected to H20 Conected % Emission Case Corrected DRY DRY, 15% to DRY, Nm3/hr to DRY % VIV 02 15% 02 Wet mg/Nm3 GT Only 60,000 290 6.6 15.2 300 54,172 16.25 GT + 100% SF 61,000 290 8.7 11.9 191.2 84,468 16.15

At 100% supplementary firing a large increase in licensed volume emission corrected to 15% oxygen would be needed when applying the specific requirements of condition 4.2. In addition, to maintain compliance during all operating modes (turbine only & turbine with supplementary firing) it would be necessary to retain the highest permitted NOx concentration for turbine operation with no supplementary firing and the highest corrected volume for turbine operation with maximum supplementary firing. This would result in-an increase in permitted (but not actual) NOx mass emission.

Lakeland Dairies believes that there is no requirement to increase the permitted emission limit value for volume emissions because the emissions from the CHP actually operate under the intended limits and the aforementioned oxygen correction is having an unintended and artificial effect under supplementary firing conditions.

Lakeland Dairies requests that the following interpretation of condition 4.2 of IPPC Licence Register No. PO406-03 will be applied to reflect the real impact of supplementary firing of the CHP on air emissions as follows:

The concentration and volume flow limits for emissions to atmosphere will be based on gas volumes under standard conditions of:-

In the case of combustion gases from For the inspection CHP purposes plant only. (gas turbines): Temperature Consent of copyright owner required for any other use. 273K, Pressure 101.3 kPa, dry gas; 15% oxygen for liquid and gas fuels.

In the case of the CHP plant (gas turbine) with supplementary firing: Temperature 273K, Pressure 101.3 kPa, dry gas; 15% oxygen for gas fuels, with no correction for oxygen measured below 15%.

Table 2 below demonstrates that the proposed amendment will not increase the mass emission rate for NOx and the proposal will not have any adverse environmental impact.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 - Proposed Proposed NOX Emission NOx Volume Mass NOx Case Corrected %H20 v,v 02 Corrected Corrected Emission DRY DRY, toDRY, Nm3'hr to DRY % v/v 15% Rate Wet 02 15% 02 kg/hr

I if 02 45% if 02 >15% GT Only 60,000 290 6.6 15.2 300 54,172 16.25 GT + 100% SF 61,000 290 8.7 11.9 290.0 55,693 16 15

This change in interpretation of condition 4.2 for supplementary firing of the CHP does not change the results of any air modeling to demonstrate compliance with the National Air Quality Standard as the exhaust velocities, concentration and mass emissions detailed in the model remain unchanged.

Should you have any further queries please do not hesitate to contact me.

Yours sincerely,

Environment/ Functions Manager 1"February 2012.

For inspection purposes only. Consent of copyright owner required for any other use.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 Attachments :

Notification of Decision to Grant A Permission Environmental Report Proposed Site Lay Out Appropriate Assessment Screening Report Plant Loading Sheet Soil Characterisation & Site Suitability Assessment Report Location No.1 Soil Characterisation & Site Suitability Assessment Report Location No.2 Soil Characterisation & Site Suitability Assessment Report Location Mo.3 Soil Characterisation & Site Suitability Assessment Report Location No.4

For inspection purposes only. Consent of copyright owner required for any other use.

Lakeland Dairies Co-operative Society Limited Registered in Ireland. Reg. No. 4622R. EPA Export 17-10-2012:23:24:08 PLANNING & DEWLOPMENT ACTS 2000 - 2004

NOTIFICATION OF DECISION TO GRANT A PERMISSION

{SUBJECT TO CONDITIONS) UNDER THEABOVE ACTS

CAVAN COUNTY COUNCIL

TO: Bailieborough Foods Ltd & Bailie Foods Jreland Ltd c/o Alan Traynor Consulting Engineers Ltd Belturbet Business Park Creeney, Belturbet Co.Cavan

Planning Register Number: 1U306 Application Receipt Date: 10/1 U201 1 Valid Application Date: 10/1 U201 1 Further Information Received Date:

In pursuance of the powers conferred upon them by the above-mentioned Acts, Cavan County Council has by Order dated 19/12/2011 decided to GRQNT PERMISSION for development of land, namely:- decommission existing 4 no. septic tanks and install 3 no. effluent treatment systems and soil polishing filters. Works to include installation of 2 no. pumping mains and site development works at Lear, Bailieborough in accordance with the plans submitted with the application.

Subject to the 2 condition(s) set out in the attached 2nd Schedule and for the reason set out in the lSt Schedule.

Signed on behalf of Cavan County Council

Administrative- Oflicer

For inspection purposes only. Date: 20 December, 201 1 Consent of copyright owner required for any other use.

Provided there is no appeal against this DECISION a grant of planning permission will issue at the endof period within which an appeal may be made. THIS NOTICE IS NOT A GRANT OF PERMISSION AND WORK SHOULD NOT COMMENCE UNTIL, PLANNING PERMISSION IS ISSUED.

NOTE:

Anappeal against the decision may be made to An Bord Pleantila within four weeks beginning on the date of the decision. Any'appeal must state in full the grounds of appeal and the reasons, considerations and arguments on which they are based. Any appeal must be accompanied by a copy of acknowledgement of your submission to the Planning Authority.

Appeal against a decision of a Planning Authority on a planning application must be accompanied by the appropriate fee set out in the 'Guide to fees payable to the Board' which is attached to decision.

Appeal should be addressed to An Bord Pleanala, 64 Marlborough Street, Dublin 1.

EPA Export 17-10-2012:23:24:09 PLANNING & DEVELOPMENT ACTS 2000 - 2004

PLANNING APPLICATION: Bailieborough Foods Ltd & Bailie Foods Ireland Ltd. REG. NO. 11/306

SCHEDULE 1

It is considered that, subject to compliance with the conditions set out below, the proposed development would not injure the amenities of the area, give rise to a traffic hazard or be prejudicial to public health and would be in accordance with the proper planning and development of the area.

SCHEDULE 2

1. The development shall be carried out in accordance with the lans and particulars lodged with the application on the 1O*/Nov/20 1 1 and the 14 ti? /December/20 1 1 except as may otherwise be required in order to comply with the following conditions.

In the interest of clarity.

2. No surface water from roofs or paved areas shall flow from the site (including entrance area) onto the road adjoining the site but shall be collected by a surface water drainage system and discharged direct to nearby watercourses

In the interests of public health, traffic safety and amenity.

For inspection purposes only. Consent of copyright owner required for any other use.

Administrative Officer.

EPA Export 17-10-2012:23:24:09 .

MEMORANDUM From Paula Corniskey ~7A/Senior Planner Assistant Planner Planning Section

Date 19'h/December/2011

Planning Reg. No: 11/306 Applicant: Bailie Foods and Bailieborough foods Ltd. Type of Application: Permission Development Description: To decommission existing 4 no. septic tanks and install 3 no. effluent treatment systems and soil polishing filters. Works to include . installation of 2 no. pumping mains and site development works. Engineering Area: Bailieborough

SITE LOCATION AND DESCRIPTION This site is located in the town land of Lear on the regional road the R178. A site notice was erect and clearly visible.

DEVELOPMENT PLAN POLICY This site is located in a rural area identified as Under Urban Xnfluence in the Cavan County Development Plan 2008 - 2014. It is just outside the development boundary for Bailieborough Town.

rORY File Name Description APP APP APP Decision Number For inspection purposesstatus only. Type Decision Date Consent of copyright owner required for any other use. 01 1204 Bailie Foods Ltd erect secondary means of APPLICATION PEMSSION UNCONDITIONAL 2 1/09/2001 escape from dryer & silo FTNALISED buildings 01592 Golden Vale construct new security station &'PLICATION PERMISSION CONDITIONAL. 18/07/200I Foods and reposition existing gates 0571 1 Lakeland Dairies extend existing boiler PERMISSION CONDITIONAL 29/07/2005 Co-op, Society buildings including associated FINALJSED control building and 24m high exhaust stack 062083 Bailie Foods Ltd erect an extension to the milk APPLICATION PERMISSION CONDITIONAL 22/0 112007 powder drying facility, this is FINALISED an PClicensed facility, licence reference

no.P0406/0 1 I 081 112 Bailie Foods Ltd. amendments to existing APPLICATION PERMISSION CONDITIONAL 25/11/2008 permission 0612083 for F WALISED erection of a 2432 sq. metre extension to their Milk Drying...... Facility including covered walkway and escape stairs.

EPA Export 17-10-2012:23:24:09 The application relates to a development which is for the purpose of a Milk Drying activity requiring an IPC Licence under part IV of the EPA (Licensing) Regulations 1994 to 2004. The existing facility has an IPC Licence I Reference No. PO 406/02 I 1306 Bailieborough I decommission existine. 4 no. NEW PERMISSION Foods Ltd septic tanks and instal: 3 no. APPLICATION Bailie Foods effluent treatment systems and Ireland Ltd soil polishing filters. Works to include installation of 2 no. pumping mains and site development works 647374 Bailieboro Co-op erect garage, canteen, toilets, APPLICATION PERMISSION CONDITIONAL 04/06/1976 & D.S. Ltd. laboratories, office, and new FINALISED washing pIant adjacent to existing. 648776 Bailie Foods Ltd. erect food processing factory APPLICATION PERMISSION CONDITIONAL 03/05/1978 with services. FINALJSED 8414745 Bailieboro Co-op erect boiler house, instal coal APPLICATION PERMISSION CONDITIONAL 21/1 I/I 984 Group boiIers (2) with storage FINALISED leppers chimney, coal and ash handling equipment --t--t- 84152 Bailie Foods Ltd. erect raw materials store APPLlCATION PERMISSION CONDITIONAL 20/09/1984 FINALISED 8717125 Bailie Foods Ltd. retain part of services and part APPLICATION PERMISSION CONDITIONAL 28/07/1988 of buildings FINALISED 88 I7535 Bailie Foods Ltd. extend existing bogging room APPLICATION PERMISSION CONDITIONAL 19/1 O/I 988 FlNALISED 91 19594 Bailie Foods erect loading bay extension APPLICATION PERMISSION *CONDITIONAL 21/11/1991 and encclosure 941 52 Bailie Foods/ erect first floor extension to Golden Vale Offices FINALISED 94153 Bailie erect dxtension to processing APPLICATION FooddGolden building FINALISED Vale

For inspection purposes only. Consent of copyright owner required for any other use. PRE-PLANNPNG CONSULTATIONS 17/10/2011 with Alison Tremor and Marice Galligan

REPRESENTATIONS None

REPORTS Environment This planning application is for an IPPC licensed facility. The Licensee of the facility is Bailie Foods Ireland & Bailieborough Foods Limited, the licence number for this facility is PO406-03. This application relates to the decommissioning of 4 existing septic tanks, installation of 3 wastewater treatment systems and soil polishing filters, installation of 2 pumping stations and site developmxt-works. -- --_ - - The proposed development is located in the Eastern River Basin District, in the Blackwater North Water Management Unit; the current status of the waterbody is Poor

EPA Export 17-10-2012:23:24:09 Ecological Status. This status must be improved to at least Good Status in accordance with the requirements of the Water Framework Directive by 20 15. The Environment Section did not carry out a site visit as part of this assessment. It will be left to the Planning Authority to determine if an EIS is required. IPC Licensing Requirement This class of activity at ths location has already obtained an IPPC Licence from the Environmental Protection Agency (IPPC PO406-03). Implications of IPC Licensing Section 256 of the Planning and Development Act 2000 provides for an amendment to Section 98 of the EPA Act 1992 as follows: - “( 1) Notwithstanding section 34 of the Planning and Development Act, 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanala shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising the activity or for the purposes of the activity, subject the permission to conditions which are for the purposes of- (a) Controlling emissions fiom the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or (6) Controlling emissions related to or following the cessation of the operation of the activiv. (1A) Where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanala may, in respect of any development comprising the activity or for the purposes of the activity, decide to re&e a grant OJpermission under section 34 of the Planning and Development Act, 2000, where the authoriy or An Bord Pleanala considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptable on environmental grounh, having regard to the proper planning and sustainable development

the area in which the development is or will be situate. ” of For inspection purposes only. Section 34 (c) of the PlanningConsent and of copyright Development owner required Actfor any 2000 other use. states: -

“(c) Subject to section 98 (as amended by section 256 of this Act) of the Environmental Protection Agency Act, 1992, and section 54 (as amended by section 257 of this Act) of the Waste Management Act, 1996, where an application under this section relates to development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, a planning authority shall take into consideration that the control of emissions arising fiom the activip is a

firnction of the Environmental Protection Agency. ” Section 4 of the I992 Act deJnes ‘environmentalpollution’ as: - “airpollution for the purposes of the Air Pollution Act, 1987” “the condition of waters afer the entry of polluting matter within the meaning of the Local Government (Water Pollution) Act, 1977” “the disposal of waste in a manner which would endanger human health or harm the environment and, in particular

EPA Export 17-10-2012:23:24:09 - create a risk to waters, the atmosphere, land, soil, plants or animals, - cause a nuisance through noise or odours, or - adversely affect the countryside or places of special interest” “noise which is a nuisance or would endanger human health or damage property or harm the environment” The position is therefore as follows:- * The planning authority in granting permission for a development requiring a license from the EPA may not impose conditions in relation to the environmental emissions from this activity. 0 The planning authority may decide to refuse a grant of permission in respect of a development requiring a licence from the EPA on the grounds that the development would have a detrimental effect on the surrounding environment. 0 The protection of visual amenity, archaeological sites, natural heritage areas and other special protection areas, etc., remain the responsibility of the planning authority in so far as these relate to the actual on-site development (as distinct from the waste disposal operation). The planning authority retains responsibility for access, transportation and road safety. Assessment - General Environment. I refer to the planning section, for evaluation for potential conflict with designated natural heritage areas, archaeological sitedmonuments, special protection areas, scenic viewing points, scenic routes, riverside and lakeside amenity areas and areas of high landscape value, which are listed in the 2008 - 2014 County Cavan Development Plan. Evaluation of access and road safety is a matter for Cavan County Council Roads Section and 1 therefore make no comment on this matter. Recommendation On the basis that it is decided by the Planning Authority that an EIS is not required and insofar as the Council can make judgement on the environmental issues of the proposed development at this existing IPPC licensed facility, I do not consider that the proposed development will have a detrimental effect on the surrounding environment, therefore, I recommend For inspection unconditionally. purposes only. Consent of copyright owner required for any other use. I recommend that the EPA should be notified regarding the details of this application.

PLANNING ASSESSMENT Permission is sought to decommission existing 4 no. septic tanks and install 3 no. effluent treatment systems and soil polishing filters. Works to include installation of 2 no. pumping mains and site development works With respect to designated natural heritage areas, archaeological sitedmonuments, special protection areas, scenic viewing points, scenic routes, riverside and lakeside amenity areas and areas of high landscape value, which are listed in the 2008 - 2014 County Cavan Development Plan none are located in close proximity to the site. However, the proposal is within the boundary of a Natura 2000 site (Rwer Boyne and Blackwater SAC) whicli requires appropriate Assessmen€scyee~g to ascertain if an Appropriate Assessment would be required. An AA screening is attached, as the

EPA Export 17-10-2012:23:24:09 proposals constitutes the upgrading of the existing treatment system, there would be no additional impacts on water quality as a result of the proposal therefore Appropriate Assessment is not required. The Environment Sections report is noted, there are no further issues of concern, a grant of permission is recommended.

CONCLUSIONS AND RECOMMENDATIONS Considering the above information, a grant of permission is recommended subject to the following conditions:

1. The development shall be carried out in accordance with the lans and particulars lodged with the application on the 1O*/Nov/ZO 1 1 and the 14B /December/2011 except as may otherwise be required in order to comply with the following conditions.

In the interest of clarity.

In the interests of public health, traflic safety and amenity.

For inspection purposes only. Consent of copyright owner required for any other use.

PLANNER SIGNATURE DATE

EPA Export 17-10-2012:23:24:09 __ ...... , , ...... - , .,,...... -. ?

Appropriate Assess Screening

Prepared jtn conformity with Article 6(3) QFthe EU HiPbiQatsDirective

For inspection purposes only. Consent of copyright owner required for any other use.

Prepared by: Planning Department .. eavan County Coml- ___-- -.- - . -- 19'h/12/2011

EPA Export 17-10-2012:23:24:09 1

...... _- ...... _._.I_ .

1.0 Introduction

The proposed development would be to decommission existing 4 no. septic tanks and install 3 no. effluent treatment systems and soil polishing filters. Works to include installation of 2 no. pumping mains and site development works (Description of Development)

Article 6 (3) compels competent authorities to undertake an appropriate assessment of any plan or project not directly connected with or necessary to the management of a Natura 2000 site but likely to have a significant effect thereon, either individually or in combination with other plans or projects. Special Areas of Conservation and Special Protection Areas are Natura 2000 sites.

On I Ith March 2010, the Department of the Environment, Heritage and Local Government issued Circular Letter CNpW 1/10 & PSSP 2/10), to all County and City Managers, Directors of Services for Planning and Town Clerks. The Circular Letter referred to the detailed guidance document “Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities”, and emphasised the fact that an appropriate assessment of the ecological implications of any plan or project is required, whether it is within or outside a designated site, if it may impact upon the conservation objectives of that site.

Where the Planning Authority is uncertain that there is a case for an appropriate assessment, the proposed project must be screened to determine whether or not the objectives and policies of the proposed project are likely to negatively affect the conservation objectives of any Natura 2000 site. This is done by examining the proposed project and the conservation objectives of any Natura 2000’site that might potentially be affected.

2.0 Descriptiori of the project

2.1 Plan For inspection purposes only. Fife Name DescriptionConsent of copyright owner requiredAPP for any other use.Avu I Decision Number Status Date 01 1204 Bailie Foods Ltd erect secondary means of APPLICATION PERMISSION UNCONDITIONAL 21/09/2001 escape from dryer & silo FINALISED buildings 0 I592 Golden Vale construct new security APPLICATION PERMJSSION CONDITIONAL 18/07/2003 Foods station and reposition FINALISED existing gates 0571 I Lakeland Dairies extend existing boiler APPLICATION PERMISSION CONDITIONAL 29/07/2005 Co-op, Society buildings including FINNALISED associated control building and 24m high exhaust stack 1 062083 Bailie Foods Ltd erect an extension to the I APPLICATION PERMISSION CONDITIONAL 22/01/2007 milk powder drying facility, FINALISED this is an IPC licensed facility, licence reference no.P0406/01 081 112 Bailie Foods Ltd. amendments to existing APPLICATION 25/1 In008 permission 0612083 for FINALISED __erection ..... of a.- 2432...... sq,metre-.- __.... - extension to their Milk Drying Facility including covered walkway and escape

EPA Export 17-10-2012:23:24:09 stairs. The application relates to a development which is for the purpose of a Milk Drying activity requiring an IPC Licence under part IV of the EPA (Licensing) Regulations 1994 to 2004. The existing facility has an IPC Licence Reference No. PO 406102 1 I306 Bailieborough decommission existing 4 no. NEW PERMISSION Foods Ltd & septic tanks and install 3 no. APPLICATION Bailie Foods effluent treatment systems Ireland Ltd and soil polishing filters. Works to include installation of 2 no. pumping mains and site development works 647314 Bailieboro Co- erect garage, canteen, toilets, APPLICATION PERMISSION op & D.S. Ltd. laboratories, ofice, and new FINALISED washing plant adjacent to existing. 648776 Bailie Foods Ltd. erect food processing factory APPLICATION PERMISSION CONDITIONAL 03/05/1978 with services. FNALISED 841 4745 Bailieboro Co- erect boiler house, instal coal APPLICATION PERMISSION CONDITIONAL 2111 ]/I984 op Group boilers (2) with storage FINALISED leppers chimney, coal and ash handling equipment 84152 Bailie Foods Ltd. erect raw materials store APPLICATION PERMISSION CONDITIONAL 20/09/1984 FINALISED 87 17 125 Bailie Foods Ltd. retain part of services and APPLICATION PERMISSION CONDITIONAL 28\07/1988 part of buildings FINALISED B8 17535 Bailie Foods Ltd. extend existing bogging APPLICATION PERMISSION CONDITIONAL 19/10/1988 room FINALISED 91 19594 Bailie Foods erect loading bay extension APPLICATlON PERMISSION CONDITIONAL 21/11/1991 and encclosure FINALISED 94 152 Bailie Foods/ erect first floor extension to APPLICATION PERMISSION CONDITIONAL 18/05/1994 Golden Vale oftices FNALISED 94153 Bailie erect extension to processing APPLICATION PERMISSION CONDITIONAL 18/05/1994 Foods/Golden building FINALISED Vak

3.0 Natura 2000 Sites For inspection purposes only. Consent of copyright owner required for any other use. Natura 2000 sites are normally referred to as Special Areas of Conservation (SACS) or Special Protection Areas (SPAS).

Special Areas of Conservation (SAC) The legal basis which surrounds the selection and designation of Special Areas of Conservation is the EU Habitats Directive and this Directive was transposed into Irish law in the European Union (Natural Habitats) Regulations 1997. Special Areas of Conservation are designated by the Department of Arts, Heritage, Gaeltacht and are prime wildlife conservation areas in the county which are considered to be important on a European level as well as on an Irish level.

Special Protection Areas (SPAS) Special Protection Areas are designated by the Department of Arts, Heritage, Gaeltacht and the Islands. The EU Birds Directive (79/409/EEC) requires the

__ ,., , . ._. ..de.si~.atlon,.ofSPAsford_bird~Trhesesitesar.e-.areas. ~,f.h-pafli~~- for. wild..birds ,...... _ .. . .. and relate to their breeding, feeding, roosting and wintering areas.

EPA Export 17-10-2012:23:24:09 . , ......

4 1

Appropriate Assessment Screening requires a review of all Natura 2000 sites that could potentially be subject to the impacts that have been identified. Clearly a key variable that will determine whether or not a particular Natura 2000 site is likely to be negatively affected by the proposed project is its physical distance from the project, and it will generally, but not necessarily, be the case that the greater the distance the lower the possibility of impacts.

3.1 Natura 2000 Sites Which may be Impacted by the Proposal

I Blackwater I Conservation I I

Maps of the above Natura 2000 sites can be found on the National Parks and Wildlife Service website at www.npws.ie

I]River Boyne and River Blackwater (002299) This site comprises the freshwater element of the River Boyne as far as the Boyne Aqueduct, the Blackwater as far as Lough Ramor and the Boyne tributaries including the Dee], Stoneyford and Tremblestown Rivers. These riverine stretches drain a considerable area of Meath and Westmeath and smaller areas of Cavan and Louth. The underlying geology is Carboniferous Limestone for the most part with areas of Upper, Lower and Middle well represented. In the vicinity of Kells Silurian Quartzite is present while close to Trim are Carboniferous Shales and Sandstones. There are many large towns adjacent to but not within the site. Towns both small and large, include Slane, Navan, Kells, Trim, Athboy and Ballivor.

I The site is a candidate SAC selected for alkaline fen and alluvial woodlands, both habitats listed on Annex I of the E.U. Habitats Directive. The site is also selected for the following species listed on ForAnnex inspection I1 purposesof the only.same directive - Atlantic Salmon, Consent of copyright owner required for any other use. Otter and River Lamprey.

The main areas of alkaline fen are concentrated in the vicinity of Lough Shesk, Freehan Lough and Newtown Lough. The hummocky nature of the local terrain produces frequent springs and seepages which are rich in lime. A series of base-rich marshes have developed in the poorly-drained hollows, generally linked with these three lakes. Open water is usually fringed by Bulrush (Typha latifolia), Common Club-rush (Scirpus Zacustris) or Common Reed (Phragmites australis) and this last species also extends shorewards where a dense stand of Great Fen Sedge or Saw Sedge (Cludiurn rnuriscus) frequently occurs. This in turn grades into a sedge and grass community (Carex spp., Molinia cuemleu) or one dominated by the Black Bogrush (Schoenus nigricans). An alternative direction for the aquaticherrestrial transition to take is through a floating layer of vegetation. This is normally based on Bogbean (Menyanthes tr$oliata) and Marsh cinquefoil (Potentillapalustris). Other species gradually become established on this cover, especially plants tolerant of low .. . . - - - . .- . .. . -.. .. .___ . . . . , -...... nutrient-.status-e;g:-bog.~~sse~-(~p~ugn~~-spp~)~-~~versity-~~pla~t--an~~~~~l.-li~e -is.. - high.in the fen and the flora, includes many rarities. The plants of interest include Narrow-leaved Marsh Orchid (Ducfylorhizutraunsteineri), Fen Bedstraw

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(Galiumuliginosum),Cowbane (Cicuta virosa), Frogbit (Hydrocharis morsus-ranae) and Least Bur-reed (Sparganium minimum). These species tend to be restricted in their distribution in Ireland. Also notable is the abundance of aquatic Stoneworts (Charaspp.) which are characteristic of calcareous wetlands.

The rare plant, Round-leaved Wintergreen (Pyrola rotundrfoliu)occurs around Newtown Lough. This species is listed in the Red Data Book and is protected under the Flora Protection Order, 1999, and this site is its only occurrence in Co. Meath. Wet woodland fringes many stretches of the Boyne. The Boyne River Islands are a small chain of three islands situated 2.5 km west of Drogheda. The islands were formed by the build up of alluvial sediment in this part of the river where water movement is sluggish. All of the islands are covered by dense thickets of wet, Willow (Salk spp.) woodland, with the foIlowing species occurring: Osier (S. viminalis), Crack Willow (S.fragilis), White Willow (S. alba), Purple Willow (Salixpurpurea) and Grey Willow (S. cinerea). A small area of Alder (Alnals glutinosa) woodland is found on soft ground at the edge of the canal in the north-western section of the slands. Along other stretches of the rivers of the site Grey Willow scrub and pockets of wet woodland dominated by Alder have become established, particularly at the river edge of mature deciduous woodland. Ash (Frarinus excelsior) and Birch (Betula pubescens) are common in the latter and the ground flora is typical of wet woodland with Meadowsweet (Filipendula ulmaria), Angelica (Angelica sylvestris), Yellow Iris, Horsetail (Equisetum spp.) and occasional tussocks of Greater Tussocksedge (Cmex paniculata).

The dominant habitat along the edges of the river is freshwater marsh - the following plant species occur commonly here: Yellow Flag (Irispseudacoms), Creeping Bent (Agrostis stolonifera), Canary Reed-grass (Phalaris arundinacea), Marsh Bedstraw (Galium palustre), Water Mint (Mentha aquaticu) and Water Forget-me-not (Myosotis scorpioides). In the wetter areas of the marsh Common Meadow-rue (Thalictrum jZavum) is found. Mthe vicinity of Dowth, Fen Bedstraw (Galium uliginosum), a scarce species mainly confined to marshy areas in the midlands, is common in this vegetation. Swamp Meadow-grass (Poa palustris) is an introduced plant which has For inspection purposes only. spread into the wild (naturalised)Consent of copyright along owner the required Boyne for any approximately other use. 5 km south west of Slane. It is a rare species which is listed in the Red Data Book and has been recorded among freshwater marsh vegetation on the banks of the Boyne in this site. The only other record for this species in the Republic is from a site in Co. Monaghan.

The secondary habitat associated with the marsh is wet grassland and species such as Tall Fescue (Festuca arundinacea), Silverweed (Potentilla anserina), Creeping Buttercup (Ranuncuh repens), Meadowsweet (Filipendula ulmaria) and Meadow Vetchling (Lathyruspratensis) are well represented. Strawberry Clover (Trifolium fragiferum), a plant generally restricted to coastal locations in Ireland, has been recorded from wet grassland vegetation at Trim. At Rossnaree river bank on the River Boyne, is Round-Fruited Rush (Juncus compressus) found in ai luvial pasture, which is generally periodically flooded during the winter months. This rare plant is only found in three counties in Ireland.

, -. . , . - - .Along-mueh 06 the .Boy.neand-alo~~-t-rib~t~~~-stre~ehes--a~eareas.of mature-decidu-ous- - ....------woodland on the steeper slopes above the floodplain marsh or wet woodland vegetation. Many of these are planted in origin. However the steeper areas of King

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Williams Glen and Townley Hall wood have been left unmanaged and now have a more natural character. East of Curley Hole the woodland has a natural appearance with few conifers. Broad-leaved species include Oak (Quercus spp.), Ash (Fraxinus excelsior), Willows, Hazel (Corylus avellunu), Sycamore (Acerpseudoplutunus), Holly (Ilex uquifolium), Horse chestnut (Aesculus sp.) and the shrubs Hawthorn (Cruruegus monogym), Blackthorn (Prunus spinosu) and Elder (Sambucus nigra). South-west of Slane and in Dowth, the addition of some more exotic tree species such as Wych Elm (Urnus glubra), Beech (Fugus syZvutzcu), and occasionally Lime (Tiliacorduta), are seen. Coniferous trees, Larch (Lurix sp.) and Scots Pine (Pim sylvestris) also occur. The woodland ground flora includes Barren Strawberry (Potentilla sterilis), Enchanter’s Nightshade (Circaea lutetium) and Ground-ivy (Glechomu hederuceu), along with a range of ferns. Variation occurs in the composition ofthe.canopy, for example, in wet patches alongside the river, White Willow and Alder form the canopy.

Other habitats present along the Boyne and Blackwater include lowland dry grassland, improved grassland, reedswamp, weedy wasteground areas, scrub, hedge, drainage ditches and canal. In the vicinity of Lough Shesk, the dry slopes ofthe morainic hummocks support grassland vegetation which, in some places, is partially colonized by Gorse (Ulex europaeus) scrub. Those grasslands which remain unimproved for pasture are species-rich with Common Knapweed (Centaurea nigra), .Creeping Thistle (Cirsiurn arvense) and Ribwort Plantain (Plantago ~anceolata)commonly present. Fringing the canal alongside the Boyne south-west of She, are Reed Sweet- grass (GZyceria maxima), Great Willowherb (Epilobium hirsutum) and Meadowsweet.

The Boyne and its tributaries is one of Ireland’s premier game fisheries and it offers a wide range of angling from fishing for spring salmon and grilse to seatrout fishing and extensive brown trout fishing. Atlantic Salmon (Sulmo sulur) use the tributaries and headwaters as spawhing grounds. Although this species is still fished commercially Ireland, it is considered to be endangered or locally threatened elsewhere in Europe and is listed on Annex Il of the Habitats Directive. Atlantic Salmon run the Boyne For inspection purposes only. almost every month of theConsent year. of copyright The Boyne owner required is most for any important other use. as it represents an eastern river which holds large three-sea-winter fish from 20 -30 lb. These fish generally arrive in February with smaller spring fish (10 Ib) arriving in ApriVMay. The grilse come in July, water permitting. The river gets a further run of fish in late August and this run would appear to last well after the fishing season. The salmon fishing season lasts from 1st March to 30th September.

The Blackwater is a medium sized limestone river which is still recovering from the effects of the arterial drainage scheme of the 70’s. Salmon stocks have not recovered to the numbers pre drainage. The Deel, Riverstown, Stoneyford and Tremblestown Rivers are all spring fed with a continuous high volume of water. They are difficult to fish in that some are overgrown while others have been affected by drainage with the resulting high banks.

The site is also important for the populations of two other species listed on Annex II of the E.U. Habitats Directive, namely River Lamprey (LumpetruJluviutilis) which is _. --- - -present-in the-lower reaches of the BoyneRiver-while the-Otfer-fLdru-hfru) can be found throughout the site. In addition, the site also supports many more of the mammal species occurring in Ireland. Those which are listed in the Irish Red Data

EPA Export 17-10-2012:23:24:09 Book include Pine Marten, Badger and Irish Hare. Common Frog, another Red Data Book species, also occurs within the site. All of these animals with the addition of the Stoat and Red Squirrel, which also occur within the site, are protected under the ' Wildlife Act.

Whooper Swans winter regularly at several locations along the Boyne and Blackwater Rivers. Parts of these areas are within the cSAC site. Known sites are at Newgrange (c. 20 in recent winters), near Slane (20+ in recent winters), Wilkinstown (several records of 1OO+) and River Blackwater from Kells to Navan (1 04 at Kells in winter 1996/97, 182 at Headfort in winter 1997/98,200-300 in winter 1999/00). The available information indicates that there is a regular wintering population of Whooper Swam based along the Boyne and Blackwater River valleys. The birds use a range of feeding sites but roosting sites are not well known. The population is substantial, certainly of national, and at times international, importance. Numbers are probably in the low hundreds.

Intensive agriculture is the main landuse along the site. Much of the grassland is in very large fields and is improved. Silage harvesting is carried out. The spreading of slurry and fertiliser poses a threat to the water quality of this salmonid river and to the lakes. In the more extensive agricultural areas sheep grazing is carried out.

Fishing is a main tourist attraction on the Boyne and Blackwater and there are a number of Angler Associations, some with a number of beats. Fishing stands and styles have been erected in places. The Eastern Regional Fishery Board have erected fencing along selected stretches of the river as part of their salmonid enhancement programme. Parts of the river system have been arterially dredged. In 1969 an arterial dredging scheme commenced and disrupted angling for 18 years. The dredging altered the character of the river completely and resulted in many cases in leaving very high banks. The main channel from Drogheda upstream to Navan was left untouched, as werela few stretches on the Blackwater. Ongoing maintenance dredging is carried out along stretches of the river system where the gradient is low. This is extremely destructive to salmonid habitat in the area. Drainage of the adjacent river systems also impacts on the many For inspection small purposes wetland only. areas throughout the site. The River Consent of copyright owner required for any other use. Boyne is a designated Salmonid Water under the EU Freshwater Fish Directive.

The site supports populations of several species listed on Annex II of the EU Habitats Directive, and habitats listed on Annex I of this directive, as well as examples of other important habitats. Although the wet woodland areas appear small there are few similar examples of this type of alluvial wet woodland remaining in the country, particularly in the north-east. The semi-natural habitats, particularly the strips of woodland which extend along the river banks and the marsh and wet grasslands, increase the overall habitat diversity and add to the ecological value of the site as does the presence of a range of Red Data Book plant and animal species and the presence of nationally rare plant species.

4.0 Screening Matrix The ,matrix overleaf assesses the potential impacts on the conservation features of . ... . Natura-~z~~~-~it-p;~ The 'mgt-rix- iaentifie-s-t~~--k-e-~-~e-~t-~~e~-~~fdrw~~-c-~ -the -s-A-c-s.-and-..------. SPAS are designated, the environmental factors on which those features depend, the

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potential impacts of the proposed project on the designated sites, avoidance and mitigation measures required and subsequent actions required.

For inspection purposes only. Consent of copyright owner required for any other use.

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For inspection purposes only. Consent of copyright owner required for any other use.

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