Report in Support of Appropriate Assessment (AA) Screening & Natura Impact Statement (NIS)

Part XAB Planning Application Proposed Town Park Works, Mallow, Co,

On Behalf of Cork County Council

May 2021

NIS Mallow Town Park Re-development 1 DixonBrosnan 2021

Project Report in Support of Appropriate Assessment (AA) Screening & Natura Impact Statement (NIS) for Part XAB Planning Application Proposed Town Park Works, Mallow, Co, Cork

Client Cork County Council

Project Ref. 2142

Report No. 2142.01

Client Ref. -

Date Revision Prepared By

18/05/21 First Draft Sorcha Sheehy PhD

25/05/21 Planning Carl Dixon MSc

DixonBrosnan Lios Ri Na hAoine, 1 Redemption Road, Cork. Tel 086 851 1437| [email protected] | www.dixonbrosnan.com

This report and its contents are copyright of DixonBrosnan. It may not be reproduced without permission. The report is to be used only for its intended purpose. The report is confidential to the client, and is personal and non-assignable. No liability is admitted to third parties. ©DixonBrosnan 2021.

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Table of Contents 1. Introduction ...... 5 1.1 Background ...... 5 1.2 Authors of the Report ...... 6 2. Regulatory Context and Appropriate Assessment Procedure ...... 7 2.1 Regulatory Context ...... 7 2.2 Appropriate Assessment Procedure ...... 8 3. Description of Proposed Development ...... 9 3.2 Proposed Development ...... 9 3.2.1 Entrances and circulation ...... 9 3.2.3 Active sports ...... 10 3.2.4 Other amenities ...... 10 3.2.5 Landscape Improvement Works ...... 12 3.3. Surface water drainage measures ...... 12 3.3.1 Proposed Carpark - Surface & Drainage Design Details...... 12 3.3.2 Sustainable Drainage Design ...... 13 3.3.3 Proposed Skate Park - Surface Drainage Design Details...... 14 3.3.4 Proposed Pump Track - Surface Drainage Design Details...... 15 3.3.5 Grass Pitches & Reinforced Grass Event & Temporary car park area ...... 15 3.3.6 Proposed Swale drainage Basin - Surface Drainage Design Details...... 16 3.3.7 Widening of Existing Pedestrian Bridge ...... 17 3.3.8 Angling Stands ...... 19 4. Stage 1 - Screening for Appropriate Assessment ...... 21 4.1 Introduction ...... 21 4.2 Zone of influence ...... 22 4.3 Natura 2000 Sites ...... 22 4.3.1 Natura 2000 Sites within Zone of Influence ...... 22 4.3.2 Blackwater River (Cork/Waterford) SAC ...... 26 4.3.3 Kilcolman Bog SPA ...... 26 4.3.4 Blackwater Callows SPA ...... 27 4.4 Natura 2000 sites – Features of interests and conservation objectives...... 27 4.5 Baseline Data ...... 29 4.5.1 Habitats ...... 29 4.5.2 Otter ...... 37 4.5.3 Birds ...... 37 4.5.4 Invasive Species ...... 38 4.6 Water Quality...... 41 4.6.1 EPA Water Quality Data ...... 41 4.6.2 River Basin Management Plan for Ireland 2018 – 2021 (2nd Cycle) ...... 42 4.7 Potential Impact of Proposed Development on Blackwater River (Cork/Waterford) SAC, Kilcolman Bog SPA and Blackwater Callows SPA ...... 44 4.7.1 Loss of habitat ...... 44 4.7.2 Impacts from Noise and Disturbance ...... 45 4.6.3 Impacts on Water Quality ...... 46 4.6.4 Spread of Invasive Species ...... 46 4.6.5 In-combination Impacts ...... 47

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4.7 Stage One Appropriate Assessment Conclusions ...... 47 4.7.1 Screening of Relevant Natura 2000 Sites and Qualifying Interests/Special Conservation Interests .. 47 4.7.2 Screening conclusion ...... 52 5. Stage 2 – Natura Impact Statement ...... 53 5.1 Introduction ...... 53 5.2 Status of qualifying species and habitats potentially affected by the proposed development – Blackwater River (Cork/Waterford) SAC ...... 53 5.2.1 Otter (Lutra lutra)...... 53 5.2.2 White-clawed Crayfish (Austropotamobius pallipes) ...... 55 5.2.3 Lamprey species (Petromyzon marinus, Lampetra planeri, Lampetra fluviatilis) ...... 56 5.2.4 Atlantic salmon (Salmo salar) ...... 58 5.2.5 Freshwater Pearl Mussel (Margaritifera margaritifera) ...... 59 5.2.6 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation...... 62 5.2.7 Qualifying interests potentially impacted by the proposed development ...... 63 6. Assessment of Potential Impacts ...... 69 6.1 Loss of habitat ...... 69 6.1.1 Loss of Terrestrial Habitat ...... 69 6.1.2 Loss of Aquatic Habitat ...... 70 6.2 Impacts on Water Quality ...... 71 6.2.1 Impacts on Water Quality during Construction ...... 71 6.2.2 Impacts on Water Quality during Operational Phase ...... 72 6.3 Impacts from noise and disturbance ...... 74 6.4 Spread of Invasive Species and Biosecurity Risks ...... 76 6.5 In-combination impacts ...... 76 7. Mitigation Measures ...... 83 7.1 Construction phase mitigation measures...... 83 7.2 Protection of Water Quality ...... 84 7.3 Management of hydrocarbons and concrete ...... 86 7.4 Lighting ...... 87 7.5 Noise ...... 88 7.6 Habitats ...... 88 7.7 Otter ...... 90 7.8 Invasive species ...... 91 7.8.1 Invasive Species (terrestrial)...... 91 7.8.2 Crayfish Plague ...... 91 8. Conclusions ...... 92 9. References ...... 93 Appendices ...... 96

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1. Introduction

1.1 Background

The information in this report has been compiled by DixonBrosnan Environmental Consultants, on behalf of the applicant, Cork County Council. It provides information on and assesses the potential for the proposed development at Town Park, Mallow, Co. Cork, to impact on any Natura 2000 sites within its zone of influence. The information in this report forms part of and should be read in conjunction with the planning application documentation for the proposed development.

The Birds Directive (2009/147/EC) and the Habitats Directive (92/42/EEC) put an obligation on EU Member States to establish the Natura 2000 network of sites of highest biodiversity importance for rare and threatened habitats and species across the EU. In Ireland, the Natura 2000 network of European sites comprises Special Areas of Conservation (SACs, including candidate SACs) and Special Protection Areas (SPAs). SACs are selected for the conservation of Annex I habitats (including priority types which are in danger of disappearance) and Annex II species (other than birds). SPAs are selected for the conservation of Annex I birds and other regularly occurring migratory birds and their habitats. The annexed habitats and species for which each site is selected correspond to the qualifying interests of the sites and from these the conservation objectives of the site are derived. The Birds and Habitats Directives set out various procedures and obligations in relation to nature conservation management in Member States in general, and of the Natura 2000 sites and their habitats and species in particular. A key protection mechanism is the requirement to consider the possible nature conservation implications of any plan or project on the Natura 2000 site network before any decision is made to allow that plan or project to proceed. Not only is every new plan or project captured by this requirement but each plan or project, when being considered for approval at any stage, must take into consideration the possible effects it may have in combination with other plans and projects when going through the process known as Appropriate Assessment (AA).

The obligation to undertake Appropriate Assessment (AA) derives from Article 6(3) and 6(4) of the Habitats Directive, and both involve a number of steps and tests that need to be applied in sequential order. Article 6(3) is concerned with the strict protection of sites, while Article 6(4) is the procedure for allowing derogation from this strict protection in certain restricted circumstances. As set out in Section 177U of the Planning and Development Act 2000 as amended, a screening for appropriate assessment of an application for consent for the proposed development must be carried out by the competent authority to assess, in view of best scientific knowledge, if the proposed development, individually or in combination with another plan or project is likely to have a significant effect on any European site. Each step in the assessment process precedes and provides a basis for other steps. The results at each step must be documented and recorded carefully so there is full traceability and transparency of the decisions made.

The purpose of this report is to inform the AA process as required under the Habitats Directive (92/43/EEC) in instances where a plan or project may give rise to significant impacts on a Natura 2000 site. This report aims to inform the Appropriate Assessment process in determining whether the development, both alone and in combination with other plans or projects, are likely to have a significant impact on the Natura 2000 sites in the study area, in

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the context of their conservation objectives and specifically on the habitats and species for which the sites have been designated.

This report has been prepared with regard to the following guidance documents, where relevant.

• Managing Natura 2000 Sites: The Provision of Article 6 of the Habitats Directive 92/43/EEC (European Commission (EC), 2018);

• Assessment of Plans and Projects Significantly Affecting Natura 2000 sites: Methodical Guidance on the Provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC (European Commission (EC), 2001);

• Guidance Document on Article 6(4) of the Habitats Directive 92/43/EEC (European Commission, (EC) 2007);

• Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (Department of Environment, Heritage and Local Government, 2010 revision);

• Appropriate Assessment under Article 6 of the Habitats Directive; Guidance for Planning Authorities. Circular NPW 1/10 and PSSP 2/10 (Department of Environment, Heritage and Local Government, 2010);

• Guidelines for Good Practice Appropriate Assessment of Plans under Article 6(3) Habitats Directive (International Workshop on Assessment of Plans under the Habitats Directive, 2011

• Practice Note PN01 Appropriate Assessment Screening for Development Management Office of the Planning Regulator (2021) and

• Communication from the Commission on the precautionary principle. European Commission (2000).

1.2 Authors of the Report

This report was prepared by Carl Dixon MSc (Ecological Monitoring) and Dr. Sorcha Sheehy PhD (Ecology/ornithology). Fieldwork was conducted by Carl Dixon MSc (Ecological Monitoring), Mark Donnelly BSc (Forestry) and Cian Gill MSc (Ecological Monitoring).

Carl Dixon MSc (Ecology) is a senior ecologist who has over 20 years’ experience in ecological and water quality assessments. He also has experience in mammal surveys, invasive species surveys and ecological supervision of large-scale projects. Projects in recent years include the Waste to Energy Facility Ringaskiddy, Shannon LNG Project, supervision of the Flood Relief Scheme, Skibbereen Flood Relief Scheme, Upgrade of Mallow WWTP Scheme, Douglas Flood Relief Scheme, Great Island Gas Pipeline etc.

Dr. Sorcha Sheehy PhD (ecology/ornithology) is an experienced ecological consultant with over ten years’ experience. She has worked on Screening/NIS’s for a range of small and large- scale projects with particular expertise in assessing impacts on birds. Recent projects include

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bird risk assessments for Dublin and Cork Airports, Waste to Energy Facility Ringaskiddy and Water Storage Schemes for Irish Water.

Mark Donnelly (Forestry) holds a BSc. Hons in Forestry from Bangor University, Wales, and is a member of the Institute of Chartered Foresters. He worked as an arboricultural consultant for the National Trust in Wales for 22 years and was a lecturer in Forest Ecology at Bangor University. In Ireland, he has completed landscape assessments for a range of projects including wind farms, quarries, local authorities, housing developments, roads and pipelines.

Cian Gill MSc (Ecology) is a qualified ecologist with ten years' experience working with wildlife and ecology-based NGOs and public bodies in Ireland, the UK and the US. Past projects include invasive species planning for the city of Rosemount, Minnesota, and the Under The Sea project for Essex Wildlife Trust. Recent projects include ecological reports for Cork-based housing and private developments.

2. Regulatory Context and Appropriate Assessment Procedure

2.1 Regulatory Context

The Habitats Directive (Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora) aims to maintain or restore the favourable conservation status of habitats and species of community interest across Europe. The requirements of these directives are transposed into Irish law through the European Communities (Birds and Natural Habitats Regulations; S.I. No. 477 of 2011).

Under the Directive a network of sites of nature conservation importance have been identified by each Member State as containing specified habitats or species requiring to be maintained or returned to favourable conservation status. In Ireland the network consists of SACs and SPAs, and also candidate sites, which form the Natura 2000 network.

Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora (as amended) (hereafter ‘the Habitats Directive’) requires that, any plan or project not directly connected with or necessary to the management of a designated site, but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. A competent authority (e.g. the EPA or Local Authority) can only agree to a plan or project after having determined that it will not adversely affect the integrity of the site concerned.

The possibility of a significant effect on a designated or “European” site has generated the need for an appropriate assessment to be carried out by the competent authority for the purposes of Article 6(3). A Stage Two Appropriate Assessment is required if it cannot be excluded, on the basis of objective information, that the proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site. The first (Screening) Stage for appropriate assessment operates merely to determine whether a (Stage Two) Appropriate Assessment must be undertaken on the implications of the plan or project for the conservation objectives of relevant European sites.

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2.2 Appropriate Assessment Procedure

The assessment requirements of Article 6(3) establish a stage-by-stage approach. This assessment follows the stages outlined in the 2001 European Commission publications “Assessment of plans and projects significantly affecting Natura 2000 sites: methodological guidance on the provisions of Articles 6(3) and 6(4) of the Habitats Directive 92/43/EEC” (2001) and Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC (Draft) Office for Official Publications of the European Communities, Luxembourg (EC, 2015);

The stages are as follows:

Stage One: Screening — the process which identifies any appreciable impacts upon a Natura 2000 site of a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts are likely to be significant;

Stage Two: Appropriate assessment — the consideration of the impact on the integrity of the Natura 2000 site of the project or plan, either alone or in combination with other projects or plans, with respect to the site’s structure and function and its conservation objectives. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts;

Stage Three: Assessment of alternative solutions: The process which examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 site. It is confirmed that no reliance is placed by the developer on Stage Three in the context of this application for development consent;

Stage Four: Assessment where no alternative solutions exist and where adverse impacts remain — an assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed (it is important to note that this guidance does not deal with the assessment of imperative reasons of overriding public interest). Again, for the avoidance of doubt, it is confirmed that no reliance is placed by the developer on Stage Four in the context of this application for development consent.

It is the responsibility of the competent authority, in this instance An Bord Pleanála, to make a decision on whether or not the proposed development should be approved, taking into consideration any potential impact upon any Natura 2000 site within its zone of influence.

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3. Description of Proposed Development

Mallow Town Park with accompanying Mallow Town Playground and Riverside Amenity Walk are situated at the south of the Mallow Town Centre and Mallow Castle grounds. The proposed development site extends along the Blackwater River, from the Railway Bridge (Blackrock Viaduct) / N20 Motorway Bridge to Lovers Leap. The overall site is approximately 23.2 ha.

The Town Park itself is adjoined by Park Road (N72) from the north, Blackwater River from the south, East Baltydaniel Stream (AKA Hospital Stream) to the west and Bridge Street to the east (Figure 1).

Figure 1. Site location | Source Brady Shipman Martin

3.2 Proposed Development

The objective of the proposed improvement works for Mallow Town Park is to enhance the park and provide a wide range of public amenities. These will be developed and integrated in a safe, sensitive, sustainable, accessible and positive manner for all ages and abilities. A preliminary Construction Environmental Management Plan (CEMP), Landscape plan, and Ecological Impact Assessment (EcIA) have also been submitted with this application. In summary, the proposed improvement works include:

3.2.1 Entrances and circulation

• Enhancement / refurbishment of existing 3no. pedestrian and 2no. vehicular entrances to the park from Park Road. • Construction of 2no. pedestrian entrances from Park Road (N72) and 1no. new entrance to the existing footpath on the N20 to the west, providing better connectivity and accessibility to Mallow Town. • Widening of existing concrete riverside footpath from 2m to 3m along a length of c.1,540m.

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• Construction of new 3m wide concrete footpaths at a total length of c.1,230m as part of circulation and access network improvements. This includes the construction of a new path from the west end of Town Park up to the existing footpath on the N20 to the west. • Construction of a c.425m long 2m wide reinforced grass path along the northern edge of Town Park. • Widening of the existing pedestrian bridge (c.1.2m wide) within the Town Park over the Caherduggan / Spa Glen Stream to c.3m in width.3.2.2 Play • Refurbishment of an existing playground on the northside of the N72 to include new play equipment and a skate park. • Construction of a ‘pump’ track (for non-powered bikes, skateboards, rollerblades, scooters). 3.2.3 Active sports

• Relocation of the existing GAA pitch (145m x 90m) c.15m north, including the removal of the existing mounding, including demolition of former entrance gates to GAA pitch. Entrance plaque to be relocated and incorporated into new park entrance (opposite St James Avenue). Perimeter post and rail spectator fencing to pitch and ball catch posts / netting. • Retention and improvement of existing soccer and rugby pitches. • Provision of a grass training area (155m x 35m). • Provision of permanent orienteering course within the park.

3.2.4 Other amenities

• Construction of reinforced grass multi-use events area at a surface area (c.147m x 73m). • Construction of angling stands to Inland Fisheries Ireland Standards along the banks of the Blackwater River with due consideration of the SAC designation, to include: o 1 no. concrete accessible stand under the Railway Viaduct / Road Bridge (N20) (measuring 5.2m x 2.5m), and o 4 no. fishing stands constructed of recycled plastic measuring 2.4m x 1.8m, located downstream of the Caherduggan / Spa Glen stream and Lover’s Leap with Castlepark to the east of the town park. • Construction of landscaped and permeable car park at a total surface area c.2,590m2 for Town Park with capacity for 96 car parking spaces, including disabled and parent and toddler spaces. Construction of a reinforced grass parking area (only for use only in association with authorised seasonal/summer events when the flood risk is very low). Total surface area c.4,720m2 with capacity for car parking 114 spaces, including 3no. set-down spaces, and include vehicular entrance to the car park.

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Mallow Town Park Proposed improvements within red line

Blackwater River SAC

Figure 2. Proposed development arrangement | Source Brady Shipman Martin

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3.2.5 Landscape Improvement Works

• Supporting locational and wayfinding signage, seating and services, including wayfinding signage to nearby existing car parking. • Undergrounding of existing overhead power line in the Town Park to the west of Mallow Bridge. • Provision of surface water detention basin. • All associated site development, fencing, park furniture (seating, bike stands etc.), planting, landscape and biodiversity improvement works. The proposed development will connect to existing public utilities.

3.3. Surface water drainage measures

3.3.1 Proposed Carpark - Surface & Drainage Design Details.

• The proposed new porous surface carpark is to be constructed on an open green field site to the northwest corner of the site. This area is currently used for car parking on occasions and is partly hardcore surfaces.

• The site is bounded to the north by a stone wall with existing entrances to the site. Proposed works will see these existing entrances upgraded to enhance the safety and astatic of these vehicular and pedestrian access.

• From current published floor risk assessments of the town park, it is an establish floor zone.

• The proposed development of the various surface facilities including the porous carpark will not change or intensify the current land use or create additional flood risk to the area.

• The proposed carpark area has been laid out and levels set where possible in line with the existing ground contours to mitigate against flood displacement as well as to minimise the amount of excavation and ground disturbance to the site so mitigating where possible the impact to potential below ground archaeology.

• The Carpark and road surfaces are to be constructed with a porous asphalt surface on a free draining stone base build up (Figure 3).

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Figure 3 Porous asphalt car park surface | Source Horgan Lynch

• Hydrocarbons filtration and removal. The stone base to the carpark area is wrapped in a special ‘Inbitex’ geotextile filter material. The filtration membrane in conjunction with the stone build-up traps and breaks down any hydrocarbons build up within the sub- base by microbial action. The surface water is cleaned and filtered through the Inbitex Geotextile layers.

• Aco channel cut off drains are to be installed in front of the vehicle and pedestrian entrance to the carpark and these drainage channels are connected to a new 150mm dia storm drainage pipe which discharge to a proposed adjacent soakaway with-in the site.

• As noted above the use of a porous carpark surface and associated filter stone build up minimises the depth of excavation and extent of ground disturbance associated with standard hard paved carparks, piped gullies and drainage pipe network.

• This porous carpark system also allows flexibility in the depth of excavation when archology features are encountered as the stone build up can be altered as necessary without effecting the drainage flow.

3.3.2 Sustainable Drainage Design

• The carpark and site wide drainage design is based on Sustainable Drainage Design (SUDS) drainage design which both infiltrates and attenuates the surface water drainage on the site and ensures the storm water runoff from the developed site is restricted to at or below the current undeveloped green field runoff.

• This attenuation of the storm water runoff will ensure the development of the site does not contribute to the increase flooding risk downstream from the area as the flow is being restricted to greenfield run-off. Hence there will be no increase in the overall discharge from the site as a result of the proposed development.

• As set out above and detailed in the accompanying drawings the carpark and surrounding surfaced covers approximately 4200m2.

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• The carpark which is a porous asphalt surface drains into a 400mm deep clean drainage stone build up with 50% voids.

• Calculation for site attenuation:

Surface paved area with attenuation under c.3200m2

Soil infiltration rate – f = 2.19 x 10-6m/s

Welted are of pit 50% full – as 50 = 74.8m2

Required Storage Estimate for site = 351m3

Available storage capacity within carpark build up = 3200m2 x 0.4 = 1280m3 x 50% = 640m3

Time for emptying attenuation to half volume due to soil infiltration – ts50 = 351 x 106 x {0.5/(74.8 x 106 x 2.19 x 10-6)} = 1071350 sec = 297.6 Hours (12.4 days). As can be seen from the above figures there is significant storage capacity within the carpark build up to facilitate the attenuation of storm water.

• As can be seen from the above figures there is significant storage capacity within the carpark build up to facilitate the attenuation of storm water.

• In addition to attenuation capacity, the proposed porous carpark surface and store build up system also provides for infiltration. The infiltration rate of the ground is sufficiently capable of handling the storm water values.

3.3.3 Proposed Skate Park - Surface Drainage Design Details.

• It is proposed to construct a new skate park in the area of the existing playground to the north of the site.

• The proposed skate park features will include a number of specific skating shapes, surface finishes and structures, including a Hags Uniplay buridos and Kompan triple cube play structures.

• The skate park is proposed to be installed using existing ground levels with limited excavations required.

• The new surfaces are a mix of concrete in the skate areas, tar and chip footpaths, grass and meadow areas and jungle mulch in the play areas. The concrete surfaces are laid to falls that will drain into free draining areas and localised soakaway within the site. There is an Aco-drain channel at the southern entrance to the skate park that will drain to adjacent soakaways within the site. Remaining surfaces are laid on a stone bedding which will be free draining.

• The existing playground areas are substantially covered in impermeable tarmac surfaces with marginal grass verges around the northwest perimeter of the site.

• The new proposed grass and play areas to the redeveloped playground will be permeable free draining surface.

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• The total proposed new impermeable hard paved surfaces of the skate park and footpath will be substantially less than the existing impermeable tarmac surface area of the existing playground. Circa 40% reduction in hard surface area.

• The infiltration value of the ground over the areas of the surfaces are sufficient in dealing with the storm water run-off values for the area.

• There will be no additional storm water runoff generated from the development of the playground surfaces within the existing site. The provision of soakaways and the free draining stone bedding has been made to facilitate additional infiltration of surface water away from the immediate play areas to prevent ponding of same during heavy rainfall.

3.3.4 Proposed Pump Track - Surface Drainage Design Details.

• It is proposed to construct a Pump Track in an existing green field area of the site. To the south of the proposed skate park.

• The proposed pump track consists of a porous asphalt surface which is laid to fall to create the desired mounds.

• The pump track is proposed to be installed using existing ground levels with limited excavations required. Excavated material from one area of the track can be used as fill in other areas in order to create the mounds. This limits the amount of imported fill required.

• The proposed regrading of the ground at the pump track and the surrounding park areas have been laid out and levels designed so that the overall surface volumes are equivalent to the existing area so as not to create any overall flood displacement issue within the park.

• The bitumen macadam surface will be laid such that the surface water will run-off and drain locally into the surrounding grass margins.

• The mounds and levels will be shaped so water is not trapped around the pump track area and will be free to naturally drain and flow towards the river.

3.3.5 Grass Pitches & Reinforced Grass Event & Temporary car park area

• There is an existing grass soccer, rugby and GAA pitch within the town park.

• The proposed development includes a new and refurbished grass soccer, rugby and GAA playing pitches and a grass training area which are proposed to be provide under this re development of the town park.

• The soccer and rugby pitched will be retain in their existing location.

• The GAA pitch will be reoriented and moved south, and the trees and embankment mounds removed to provide space for the pump track and also to improve the general layout and presentation of the park area.

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• The re-grading of the grass pitches and the removal of the grass embankment spectator mounds will also assist in the better drainage and flood flow/release from the park.

• All pitches and training area will be regraded and reseeded to provide free draining high quality sport standard grass playing surfaces.

• The sub-base to the grass surfaces will be formed with a ameliorate soil and gravel mix which will aid in the natural drainage of the surfaces into the free draining sandy gravely sub soil which underlies the park area.

• It is proposed to form new temporary seasonal event and carpark areas to the southwest of the Park by reseeding these areas with reinforced grass surfaces.

• The areas will be natural grass with reinforced polypropylene plastic mesh elements blended with in the soil to from a composite mesh reinforced rootzone capable of taking vehicle loading.

• These surfaces will be naturally free draining grass surfaces with equal or better porosity then the existing grass surfaces of the park.

3.3.6 Proposed Swale drainage Basin - Surface Drainage Design Details.

• As stated, the town park is in a flood zone and is subject to seasonal flooding. Under fluvial 1% (1 in 100 year storm) AEP the flood depth across the park is >2.0m.

• During periods of flooding the Town Park, which is part of the natural flood pain for the river black water, floods as does the N72 Park road to the northern boundary of the Park.

• When the river flooding subsides the flood waters generally flow back from the roadway and the Park to the river. However, some water ponds and is trapped from flowing directly to the river due to the higher-level of the ground along the footpath to the southern side of the park.

• This trapped surface water eventually naturally drains through the sandy gravely soil of the park.

• It is proposed to construct a swale drainage basin in an existing green field area to the southwest of the site just east of the Bridge.

• The intention of the swale drainage basin is not to prevent flooding but to provide a drainage channel to which surface water from the park and the northwest area of the Park Road can be directed and temporarily retained in periods of high river flood before discharged to the river as the flood level recede.

• The detention basin will have storage capacity is approximately 1,450m3

• The swale, as detailed on the drainage drawings, shall be a formed drainage basin channel to the low-lying southwest area of the park. The base of the channel shall be shaped and graded with a steady fall towards the river to the southwest.

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• When not in flood, the proposed swale detention basin will form a dry grass “amphitheatre” with grass meadow planting.

• The channel shall be pipes thought the raised footpath embankment and discharge on the river side of the embankment via a formed concrete outfall head wall and slip way directly to the river.

• The piped outfall from the swale detention basin shall be fitted with a Tideflex duckbill non return valve fitted to provide end of pipe backflow prevention and flooding protection to the line.

3.3.7 Widening of Existing Pedestrian Bridge

• It is proposed to widen the existing pedestrian bridge on the far East corner of the site. The existing bridge is c.1665mm wide and the proposal is to add another c.1770mm to the bridge width making it c.3000mm wide overall.

• The construction will involve the pouring of 2no. reinforced concrete abutments, one to each side of the river. Precast concrete bridge beams will be placed on these abutments and a finished screed will be poured over to complete the bridge surface. New 1.1m high powder coated railings will be provided.

• This method allows for the construction without disturbing the existing trunk watermain contained within the existing bridge deck. The bridge abutments will be kept back from the river to ensure no debris enters same.

• The proposed bridge will match the other bridges on Mallow River walkway and Town Park.

• Drawings of the proposed bridge widening works are included in Figures 4, 5 and 6.

Proposed bridge widening

Figure 4. Location of Proposed Bridge Widening Drawing | Source Brady Shipman Martin

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Figure 5. Extract from Architects Proposed Bridge Widening Drawing | Source Brady Shipman Martin

Figure 6. Proposed pedestrian bridge widening | Extract from Horgan Lynch Drawing CQ15-024

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3.3.8 Angling Stands

It is proposed to construct a series of angling stands on the Northern bank of the River Blackwater, providing 4no. typical angling stands and 1no. accessible angling stand.

• These are to be located in the openings of the existing riverbank vegetation. This is to minimise the disruption to the existing riverbank and vegetation. Refer Figure 6 for locations.

• Proposed grassed areas of disruption made good with geotextile protection matting (Enkamat or similar), topsoiled and seeded with native grass / wildflower mix appropriate to the site and chosen in consultation with the project ecologist.

• The accessible angling stand will be formed with precast concrete slabs supported on screw piles and cantilevered reinforced ground beams. This will limit the excavation and works required along the river embankment. Refer to Figure 7.

• The typical angling stands will consist of 900mm wide steps leading down to the platform. This platform will be formed with black recycled plastic posts and non-slip decking boards all supported from screw piles. These are lightweight pieces and as such the disruption and excavation works adjacent the river will be minimal. Refer to Figure 8 below.

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Angling stand no. 5

Angling stands no.3 and 4

Angling stand no.1 Angling stand no.2

Figure 6. Angling stand locations | Source Brady Shipman Martin

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Figure 7. Angling Stand Section | Source Horgan Lynch

Figure 8. Typical angling stand section | Source Horgan Lynch

4. Stage 1 - Screening for Appropriate Assessment

4.1 Introduction

This section contains the information required for the competent authority to undertake screening for AA for the proposed development.

The aims of this section are to:

• Determine whether the proposed development is directly connected with, or necessary to, the conservation management of any Natura 2000 Sites;

• Provide information on, and assess the potential for the proposed development to significantly effect on Natura 2000 Sites (also known as European sites); and

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• Determine whether the proposed development, alone or in combination with other projects, is likely to have significant effects on Natura 2000 sites in view of their conservation objectives.

The proposed development is not directly connected with, or necessary to the conservation management of any Natura 2000 sites.

4.2 Zone of influence

The Zone of Influence (ZoI) comprises the area within which the proposed development may potentially affect the conservation objectives (or qualifying interests) of a Natura 2000 site. There is no recommended zone of influence, and guidance from the National Parks and Wildlife Service (NPWS) recommends that the distance should be evaluated on a case-by- case basis with reference to the nature, size and location of the project, the sensitivities of the ecological receptors, and the potential for in-combination effects (cumulative).

In ecological and environmental impact assessment, for an effect to occur there must be a risk enabled by having a source (e.g. construction works at a proposed development site), a ‘receptor’ (e.g. SAC or other ecologically sensitive feature), and a pathway between the source and the receptor (e.g. a watercourse which connects the proposed development site to the SAC, ex situ foraging habitat for SCI birds). A ‘receptor’ is defined as the Special Conservation Interest (SCI) of SPAs or Qualifying Interest (QI) of SACs for which conservation objectives have been set for the European sites being screened.

Consideration is therefore given to the source-pathway-receptor linkage and associated risks between the proposed development and Natura 2000 sites. For a significant effect to occur there needs to be an identified risk whereby a source (e.g. contaminant or pollutant arising from construction activities) affects a particular receptor (i.e. Natura 2000 site) through a particular pathway (e.g. a watercourse which connects the proposed development with the Natura 2000 site).

The identification of risk does not automatically mean that an effect will occur, nor that it will be significant. The identification of these risks means that there is a possibility of environmental or ecological damage occurring. The level and significance of the effect depends upon the nature of the consequence, likelihood of the risk and characteristics of the receptor.

The precautionary principle is applied for the purposes of screening to ensure that consideration and pre-emptive action is undertaken where there is a lack of scientific evidence. It is noted that mitigation measures are not taken into account in the AA screening assessment process.

4.3 Natura 2000 Sites

4.3.1 Natura 2000 Sites within Zone of Influence

In accordance with the European Commission Methodological Guidance (EC 2018), a list of Natura 2000 Sites that can be potentially affected by the proposed project has been complied. All candidate SAC’s (cSAC) and SPAs sites within the zone of influence for the proposed development have been identified. These are listed in Table 1 and illustrated in Figure 9.

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Part of the proposed development site is located within the Blackwater River (Cork/Waterford) SAC (Figure 10) and borders the River Blackwater main channel. Surface water runoff during the construction or operational phase could potentially impact on water quality within the River Blackwater. Qualifying species and habitats within the Blackwater River (Cork/Waterford) SAC could therefore potentially be impacted via loss of habitat, disturbance and/or reductions in water quality during the construction or operational phases and the spread of invasive species.

Kilcolman Bog SPA and Blackwater Callows SPA are located 12.2km north and 26.3km east respectively of the proposed development site. Qualifying species from these SPAs i.e. Whooper Swan, Wigeon and Teal, could potentially forage on or near the proposed development site. Qualifying species could be impacted by disturbance in ex situ habitats during the construction or operation phase. Although unlikely given the distance downstream (29.7km) and dilution available within the River Blackwater, the Blackwater Callows SPA is also potentially hydrologically connected to the proposed development site.

Therefore, a source-pathway-receptor link exists between the source (proposed development) and the receptors (Blackwater River (Cork/Waterford) SAC (Site code 002170), Kilcolman Bog (Site code 004095), Blackwater Callows SPA (Site code 004094)). Further information on these sites is provided below. A full site synopsis is included Appendix 1.

Given the lack of impact pathways and the distances involved, no potential impact on other designated sites is predicted to occur.

Table 1. Designated sites and their location relative to the proposed development site.

Site Code Approx. Distance at Closest Point.

Special Area of Conservation (SAC)

Blackwater River 002170 0m. A source-pathway-receptor link has been identified between the (Cork/Waterford) source (proposed development site) and the receptor (Blackwater River (Cork/Waterford) SAC) via a potential pathway (habitat loss, impacts on water quality, disturbance or spread of invasive species). Therefore, this site will be considered further in the below impact assessment.

Special Protection Area (SPA)

Kilcolman Bog 004095 12.2km north. A source-pathway-receptor link has been identified between the source (proposed development site) and the receptor (Kilcolman Bog SPA) via a potential pathway (disturbance to qualifying interests). Therefore, this site will be considered further in the below impact assessment.

Blackwater Callows SPA 004094 26.3km east. A source-pathway-receptor link has been identified between the source (proposed development site) and the receptor (Blackwater Callows SPA) via a potential pathway (impacts on water quality and disturbance to qualifying interests). Therefore, this site will be considered further in the below impact assessment.

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Figure 9. Natura 2000 Sites within ZoI of proposed development site | Source: EPA Envision mapping https://gis.epa.ie/EPAMaps/) | Not to scale

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Mallow Town Park

Blackwater River SAC

Figure 10. Boundary of the Blackwater River SAC (purple shading) and proposed development site (red line boundary) | Source Brady Shipman Martin

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4.3.2 Blackwater River (Cork/Waterford) SAC

This very large site drains a major part of and five mountain ranges. The site supports a high diversity of Annex I habitats and Annex II species of the E.U. Habitats Directive, including Atlantic salmon and Otter. The site designated as the Blackwater River cSAC consists of the freshwater stretches of the River Blackwater as far upstream as and as far downstream as the tidal stretches into Harbour as well as the many tributaries along the way, the larger of which include the Licky, Bride, Flesk, Chimneyfield, Finisk, Araglin, Awbeg (Buttevant), Clyda, Glen, Allow, Dalua, Brogeen, Rathcool, Finnow, Owentaraglin and Awnaskirtaun. The extent of the Blackwater and its tributaries in this site flows through the counties of Kerry, Cork, Limerick, Tipperary and Waterford. The designated site covers a total area of 15,048 ha.

The main threats to the site and current damaging activities include high inputs of nutrients into the river system from agricultural run-off and several sewage plants, dredging of the upper reaches of the Awbeg, over-grazing within the woodland areas, and invasion by non-native species, for example Rhododendron and Cherry Laurel.

Overall, the River Blackwater is of considerable conservation significance for the occurrence of good examples of habitats and populations of plant and animal species that are listed on Annexes I and II of the E.U. Habitats Directive respectively. Furthermore, it is of high conservation value for the populations of bird species that use it. Two Special Protection Areas, designated under the E.U. Birds Directive, are also located within the site - Blackwater Callows and Blackwater Estuary. Additionally, the importance of the site is enhanced by the presence of a suite of uncommon plant species.

A full site synopsis for the River Blackwater (Cork/Waterford) SAC is included as Appendix 1 of this report.

4.3.3 Kilcolman Bog SPA

Kilcolman Bog is situated on the southern foothills of the Ballyhoura Mountains in Co. Cork. The site comprises a quaking fen fed by calcareous groundwater, with areas of reed swamp, freshwater marsh and wet grassland. There is a small permanent lake but in winter a large, flooded area is usual.

This site is a Special Protection Area (SPA) under the E.U. Birds Directive, of special conservation for the following species: Whooper Swan, Teal and Shoveler. The E.U. Birds Directive pays particular attention to wetlands and, as these form part of this SPA, the site and its associated waterbirds are of special conservation interest for Wetland & Waterbirds. Kilcolman Bog is an important site for wintering waterfowl, with nationally important populations of Whooper Swan (95), Teal (690) and Shoveler (150) – all figures are mean peaks for the 5 year period 1995/96-1999/2000. The Shoveler population is of particular note as it comprises 5% of the national total. Other species that occur include Wigeon (590), Mallard (188), Pintail (4), Pochard (39), Tufted Duck (27), Little Grebe (14), Coot (98), Golden Plover (162) and Lapwing (740). In the past very small numbers of Greenland White-fronted Goose (1-5) were recorded at the site but not in recent years. Gulls are also winter visitors, mainly Black-headed Gull (133) and Lesser Black-backed Gull (131).

A full site synopsis for the Kilcolman Bog SPA is included as Appendix 1 of this report.

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4.3.4 Blackwater Callows SPA

The Blackwater Callows SPA comprises the stretch of the River Blackwater that runs in a west to east direction between Fermoy and Lismore in Counties Cork and Waterford, a distance of almost 25 km. The site includes the river channel and strips of seasonally-flooded grassland within the flood plain. Sandstone ridges, which run parallel to the river, confine the area of flooding to a relatively narrow corridor.

The Blackwater Callows SPA is of importance for its populations of wintering waterfowl, including an internationally important population of Whooper Swan and nationally important populations of Wigeon, Teal and Black-tailed Godwit. The presence of Whooper Swan, as well as Little Egret, is of particular note as these species are listed on Annex I of the E.U. Birds Directive. Part of the Blackwater Callows SPA is a Wildfowl Sanctuary.

A full site synopsis for the Blackwater Callows SPA is included as Appendix 1 of this report.

4.4 Natura 2000 sites – Features of interests and conservation objectives.

The EU Habitats Directive contains a list of habitats (Annex I) and species (Annex II) for which SACs must be established by Member States. Similarly, the EU Birds Directive contains lists of important bird species (Annex I) and other migratory bird species for which SPAs must be established. Those that are known to occur at a site are referred to as ‘qualifying interests’ and are listed in the Natura 2000 forms which are lodged with the EU Commission by each Member State. A ‘qualifying interest’ is one of the factors (such as the species or habitat that is present) for which the site merits designation. The National Parks and Wildlife Service (NPWS) are responsible for the designation of SACs and SPAs in Ireland.

The conservation objectives for the sites are detailed in the following publications:

NPWS (2012) Conservation Objectives: Blackwater River (Cork/Waterford) SAC 002170, Version 1. NPWS, Department of Arts, Heritage & the Gaeltacht.

NPWS (2021) Conservation objectives for Kilcolman Bog SPA [004095]. Generic Version 8.0. Department of Culture, Heritage and the Gaeltacht.

NPWS (2021) Conservation objectives for Blackwater Callows SPA [004094]. Generic Version 8.0. Department of Housing, Local Government and Heritage.

The overall aim of the Habitats Directive is to maintain or restore the favourable conservation status of habitats and species of community interest. These habitats and species are listed in the Habitats and Birds Directives and Special Areas of Conservation and Special Protection Areas are designated to afford protection to the most vulnerable of them. These two designations are collectively known as the Natura 2000 network. European and national legislation places a collective obligation on Ireland and its citizens to maintain at favourable conservation status sites designated as Special Areas of Conservation and Special Protection Areas. The Government and its agencies are responsible for the implementation and enforcement of regulations that will ensure the ecological integrity of these sites.

The maintenance of habitats and species within Natura 2000 sites at favourable conservation condition will contribute to the overall maintenance of favourable conservation status of those habitats and species at a national level. Favourable conservation status of a habitat is

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achieved when its natural range, and area it covers within that range, is stable or increasing, and the ecological factors that are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and the conservation status of its typical species is favourable.

The favourable conservation status of a species is achieved when population data on the species concerned indicate that it is maintaining itself, and the natural range of the species is neither being reduced or likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis. The species and/or habitats listed as qualifying interests for Blackwater River (Cork/Waterford) SAC, Kilcolman Bog SPA and Blackwater Callows SPA and specific conservation objectives are included in Tables 2 - 5.

Table 2. Qualifying Species for the Blackwater River (Cork/Waterford) SAC

Species Species Conservation objective code 1029 Freshwater Pearl Mussel Margaritifera margaritifera Restore 1092 White‐clawed crayfish Austropotamobius pallipes Maintain 1095 Sea Lamprey Petromyzon marinus Restore 1096 Brook Lamprey Lampetra planeri Maintain 1099 River Lamprey Lampetra fluviatilis Maintain 1103 Twaite shad Alosa fallax Restore 1106 Atlantic Salmon Salmo salar Maintain 1355 Otter Lutra lutra Restore 1421 Killarney Fern Trichomanes speciosum Maintain Restore = Restore favourable conservation condition, Maintain = Maintain favourable conservation condition

Table 3. Qualifying Habitats for the Blackwater River (Cork/Waterford) SAC

Habitat Habitat Conservation Code objective 1130 Estuaries Maintain 1220 Perennial vegetation of stony banks Maintain 1140 Mudflats and sandflats not covered by seawater at low tide Maintain 1310 Salicornia and other annuals colonizing mud and sand Maintain 1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae) Restore 1410 Mediterranean salt meadows (Juncetalia maritimi) Maintain 3260 Water courses of plain to montane levels with the Ranunculion fluitantis and Maintain Callitricho-Batrachion vegetation 91E0 Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion Restore incanae, Salicion albae) 91J0 *Taxus baccata woods of the British Isles Under Review 91A0 Old sessile oak woods with Ilex and Blechnum in British Isles Restore Restore = Restore favourable conservation condition, Maintain = Maintain favourable conservation condition

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Table 4. Qualifying Species for the Kilcolman Bog SPA

Species Species Conservation objective code A038 Whooper Swan Cygnus cygnus Maintain/Restore A052 Teal Anas crecca Maintain/Restore A056 Shoveler Anas clypeata Maintain/Restore Restore = Restore favourable conservation condition, Maintain = Maintain favourable conservation condition

Table 5. Qualifying Species for the Kilcolman Bog SPA

Species Species Conservation objective code A038 Whooper Swan Cygnus cygnus Maintain/Restore A052 Teal Anas crecca Maintain/Restore A056 Shoveler Anas clypeata Maintain/Restore A156 Black-tailed Godwit Limosa limosa Maintain/Restore Restore = Restore favourable conservation condition, Maintain = Maintain favourable conservation condition

To acknowledge the importance of Ireland's wetlands to wintering waterbirds, “Wetland and Waterbirds” may be included as a Special Conservation Interest for some SPAs that have been designated for wintering waterbirds or that contain a wetland site of significant importance to one or more of the species of Special Conservation Interest. Thus, a further objective is to maintain or restore the favourable conservation condition of the wetland habitat within the Kilcolman Bog SPA and Blackwater Callows SPA as a resource for the regularly- occurring migratory waterbirds that utilise it.

4.5 Baseline Data

The ecological baseline for the proposed development site was based on a desktop review and direct surveys of the relevant works area and areas proximate to same. This focused on habitats and species that are listed as Qualifying Interests (QI) (in the case of SACs) and Special Conservation Interests (SCI) (in the case of SPAs) in the designations for the European sites. Surveys for habitats, mammals, birds and invasive species were undertaken within the study area.

4.5.1 Habitats

Site surveys were carried out on the 27th of September 2020, 10th of May 2021, 13th of May 2021 and 17th of May 2021. Habitat mapping was carried out in line with the methodology outlined in the Heritage Council Publication, Best Practice Guidance for Habitat Survey and Mapping (Heritage Council, 2011). The terrestrial and aquatic habitats within the proposed development site were classified using the classification scheme outlined in the Heritage council publication A Guide to Habitats in Ireland (Fossitt, 2000) and cross referenced with Annex I Habitats where required.

An overview of habitats recorded within the site is shown in habitat maps below (Figures 11- 14) and the habitats recorded on site are described in Table 6. Site photographs are included in Appendix 2.

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Table 6. Habitat present and their relative value.

Habitat Comments

Immature These wide-open areas of park-like habitat, east of Mallow Bridge (Figure 14), have Woodland (WS2) been recently planted with primarily native species, most of which are immature (under 5m tall). Species include Sessile Oak Quercus petraea, Silver Birch Betula pendula, Goat Willow Salix caprea, Alder Alnus sp., as well as the non-native Norway Maple Acer platanoides. Most of these trees are of the same age/height and have been planted as part of a planting programme, known as the Neighbourwood Plantation. The trees are planted in same species and mixed species groups There are occasional mature trees.

This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Treelines (WL2) Along both the northern and southern paths running through the area east of the Old Mallow Bridge, treelines of mature trees occur at regularly-spaced intervals, approximately 4-5m apart (Figure 14). These are composed almost entirely of Norway Maple, which are less ecologically valuable than native species but still provide habitat and foraging for birds and invertebrates.

This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Recolonising Bare Small areas of this habitat occur by the Viaduct and the new wooden bridge, where it Ground (ED3)/ Dry is occurs in conjunction with dry meadow and grassy verge (GS2) habitat (Figure 11). Meadow/ Grassy Verges (GS2) This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Buildings and This habitat includes the footpaths and occasional concrete areas within the park. artificial surfaces BL3 This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Riparian Woodland Prior to agricultural and (more recent) recreational improvements to the park, the WN5/Broadleaved alluvial soil would probably have supported a mosaic of alluvial woodland and wet oak- Woodland WD1 ash woodland. There is a small strip of broadleaved woodland remaining along the edge of the river and drainage ditches. These areas include islands in the river dominated by Reed Canary Grass with willows (Salix cinerea and Salix fragilis). There is also marsh vegetation (GM1) including meadowsweet, Purple Loostrife Lythrum salicaria and Wild Angelica Angelica archangelica (Figure 11-14).

Further back from the water’s edge, the woodland contains Ash, Sycamore, Alder and Willow species, and is best described as mixed broadleaved woodland (WD1). Planted species include Black Poplar and Lombardy Poplar. Because of its intimate association with the riparian woodland, this woodland is classified as being of National Importance.

East of Old Mallow Bridge, the woodland area bordering the river consists primarily of Norway Maple, Goat Willow and Silver Birch, with occasional Sycamore, Wych Elm Ulmus glabra, Beech Fagus sylvatica and Hawthorn Crataegus monogyna. The understory includes Creeping Buttercup Ranunculus repens, Cow-Parsley Anthriscus sylvestris, Lords and Ladies Arum alpinum, and Dog-Rose Rosa canina. Understorey species include Nettle, Hogweed Heracleum sphondylium, Cleavers Galium aparine and Alexanders Smyrnium olusatrum are common (Figure 13 and 14).

It is noted that there is no Alluvial woodland 91E0 mapped in the vicinity of the proposed development site (NPWS 2012). The closest area of this habitat is located approximately 6km downstream.

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Habitat Comments

Japanese Knotweed and Himalayan Balsam were noted within this habitat. Their positions have been marked on the Invasive Species Map (Figure 15).

This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Amenity Grassland The Town Park and areas east of the Old Mallow Road bridge consist of Amenity GA2 Grassland (Figure 12).

Over 50% of it is within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats. Scattered Trees & Within the town park there are individual trees and groups of trees, classified as Parkland WD5 Scattered Trees and Parkland (WD5). Trees include Ash and Birch. East of the bridge, there are individual Sessile Oaks.

This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Drainage Ditches A drainage ditch is located to the east of the Mallow Bridge and drains into the River FW4 Blackwater. This is a modified wet channel which overflows from the Spa Glen stream when flow levels rise. It is of minimal fisheries value. Japanese Knotweed was recorded both upstream and downstream of the footbridge. (Figure 13).

This habitat is located within the Blackwater River (Cork/Waterford) SAC but is not a qualifying habitat for this SAC. This habitat does not have links to Annex I habitats.

Depositing The Spa Glen Stream is located near the eastern end of the proposed development Lowland River FW2 site (Figure 14) and flows into the River Blackwater within the Blackwater River (Cork/Waterford) SAC. This is a modified waterbody with wetland vegetation and/or woodland on the banks. The crossing of this small watercourse is via an existing foot bridge. At the crossing point there is a mixture of Sycamore and Poplar with an understorey of Nettle, Ivy, Elm, Hemlock Water Dropwort, Willow, Marsh Marigold, Bramble and Rosebay Willowherb. No trees with the structural elements to be of value for bats were recorded. Levels of siltation are relatively high with filamentous algae noted. This small stream has the potential to support fish species such as eel and possibly small numbers of Brown Trout but it is not of significant value for these species. Himalayan Balsam was noted in proximity to the footbridge.

The East Baltydaniel discharges into the River Blackwater to the east of the railway bridge (Figure 12). This is a small watercourse of minimal fisheries value with Blackthorn. Hawthorn, Ivy, Remote Sedge, Hemlock and Water Dropwort noted along its banks. Sediment levels and levels of filamentous algae are high.

This habitat has links to the Annex I habitat Watercourses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation (3260) which is also a qualifying interest for the Blackwater River (Cork/Waterford) SAC. This is a small watercourse which does not have significant flows during dry weather and is not a significant example of this habitat type.

While the lower reaches of these streams are located within the boundary of the Blackwater River (Cork/Waterford) SAC these streams are not qualifying habitat for this SAC. Eroding/upland The River Blackwater is a designated SAC and it supports resident and/or regularly rivers (FW1) occurring populations of species listed in Annex II of the Habitats Directive and habitats listed on Annex I of the Habitat Directive. The Blackwater River acts as a wildlife corridor and has high value riparian habitats along its length.

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Habitat Comments

The River Blackwater main channel is located outside the proposed development site boundary.

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Figure 11. Habitat map from railway line to just west of East Baltydaniel Stream

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Figure 12. Habitat map of central site including playing pitches

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Figure 13. Habitat map from Mallow Bridge is west to Spa Glen Stream in West

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Figure 14. Habitat at east of site from east Spa Glen Steam to Lovers Leap

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4.5.2 Otter

A review of existing NBDC records within a 10km radius of the study site (Grid Square W59) showed that Otter or signs of Otter have been recorded on 20 occasions, most recently in September 2015 (NBDC 12/05/21).

Otter is a qualifying interest for the Blackwater River (Cork/Waterford)) SAC which is one of the most important sites in Ireland for this species. The most recent national Otter Survey recorded Otter in 98.8% of the site assessed within the Blackwater catchment.

Otter commonly occur along the River Blackwater and are listed as a QI for the Blackwater River (Cork/Waterford) SAC. However, levels of disturbance within the Mallow Town Park from walkers and in particular from dogs is high. This may limit the use of bankside habitats within the Mallow Town Park by Otter and no holts or signs of Otter were recorded within 150m of the proposed works. Signs of Otter are generally more prevalent on the southern bank where disturbance levels are lower.

4.5.3 Birds

Bird surveys for general bird usage were carried out in conjunction with habitat surveys within the entire development footprint on the 10th of May 2021 and 13th of May 2021.

Birds species listed in Annex I of the Birds Directive are considered a conservation priority. Certain bird species are listed by BirdWatch Ireland as Birds of Conservation Concern in Ireland (BOCCI). These are bird species suffering declines in population size. BirdWatch Ireland and the Royal Society for the Protection of Birds have identified and classified these species by the rate of decline into Red and Amber lists. Red List bird species are of high conservation concern and the Amber List species are of medium conservation (Gilbert et al. 2021). Green listed species are regularly occurring bird species whose conservation status is currently considered favourable. Birds species listed in Annex I of the Birds Directive (2009/147/EC) are considered a conservation priority. Species recorded within the proposed development footprint which were recorded during habitat surveys are shown in Table 7.

Table 7. Bird Species recorded during site surveys

Species Common Name Birds Directive BOCCI Annex I Red List Amber List

Turdus merula Blackbird Parus caeruleus Blue Tit Pyrrhula pyrrhula Bullfinch Fringilla coelebs Chaffinch Phylloscopus collybita Chiffchaff Periparus ater Coal tit Prunella modularis Dunnock Carduelis carduelis Goldfinch Parus major Great Tit Motacilla cinerea Grey Wagtail X Ardea cinera Heron Corvus cornix Hooded Crow Delichon urbicum House Martin X

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Species Common Name Birds Directive BOCCI Annex I Red List Amber List

Passer domesticus House Sparrow X Corvus monedula Jackdaw Alcedo atthis Kingfisher X X Pica pica Magpie Anas platyrhynchos Mallard X Turdus viscivorus Mistle Thrush Erithacus rubecula Robin Riparia riparia Sand martin X Turdus philomelos Song Thrush Sturnus vulgaris Starling X Hirundo rustica Swallow X Apus apus Swift X Certhia familiaris Treecreeper Columba palumbus Woodpigeon Troglodytes troglodytes Wren

One Annex I species, Kingfisher Alcedo atthis, was observed flying upstream during bat surveys, but no nests were recorded in proximity to the proposed works area.

No qualifying species for the Kilcolman Bog SPA or Blackwater Callows SPA were recorded. While these species could potentially occur during the winter months, no SCI species were recorded during the September 2020 site visit., A number of Red and Amber listed were recorded within the study area. No significant populations of birds were recorded within the survey area and most of the species recorded are common and widespread within the county.

4.5.4 Invasive Species

Non-native plants are defined as those plants which have been introduced outside of their native range by humans and their activities, either purposefully or accidentally. Invasive non- native species are so-called as they typically display one or more of the following characteristics or features: (1) prolific reproduction through seed dispersal and/or re-growth from plant fragments; (2) rapid growth patterns; and, (3) resistance to standard weed control methods.

Where a non-native species displays invasive qualities and is not managed it can potentially: (1) out compete native vegetation, affecting plant community structure and habitat for wildlife; (2) cause damage to infrastructure including road carriageways, footpaths, walls and foundations; and, (3) have an adverse effect on landscape quality. The NBDC lists a number of both aquatic and terrestrial high impact invasive species which have been recorded within grid square W59 (Table 8).

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Table 8. High impact invasive species recorded in W59

Group Species

bird Ruddy Duck (Oxyura jamaicensis)

flowering plant Canadian Waterweed (Elodea canadensis)

flowering plant Cherry Laurel (Prunus laurocerasus)

flowering plant Indian Balsam (Impatiens glandulifera)

flowering plant Japanese Knotweed (Fallopia japonica)

terrestrial mammal American Mink (Mustela vison)

terrestrial mammal Brown Rat (Rattus norvegicus)

terrestrial mammal Fallow Deer (Dama dama)

terrestrial mammal Sika Deer (Cervus nippon)

Source NBDC database 12/05/21

The control of invasive species in Ireland comes under the Wildlife (Amendment) Act 2000, where it states that

‘Any person who— [...] plants or otherwise causes to grow in a wild state in any place in the State any species of flora, or the flowers, roots, seeds or spores of flora, [‘refers only to exotic species thereof’][...] otherwise than under and in accordance with a licence granted in that behalf by the Minister shall be guilty of an offence.’

The Birds and Natural Habitats Regulations 2011 (SI 477 of 2011), Section 49(2) prohibits the introduction and dispersal of species listed in the Third Schedule, which includes Japanese Knotweed and Himalayan Balsam, as follows: “any person who plants, disperses, allows or causes to disperse, spreads or otherwise causes to grow [….] shall be guilty of an offence.” Japanese Knotweed (Fallopia japonica) was recorded within riparian habitats at two locations (Figure 16). A small drainage ditch downstream of the Spa Glen Stream is located to the east of the Mallow Bridge and drains into the River Blackwater. Small numbers of Japanese Knotweed plants, generally immature, were recorded both upstream and downstream of the footbridge over this drainage ditch. A dense stand of Japanese Knotweed was recorded on the bank of the River Blackwater at the proposed angling stand No. 4. Himalayan Balsam (Impatiens glandulifera), both juvenile and adult plants, is widely scattered throughout the riparian zone.

The medium impact listed species (NBDC) Old Man’s Beard (Clematis vitalba) was recorded along the Spa Glen Stream. Old Man’s Beard is not included in the Third Schedule. Therefore, its presence at the site does not have the potential to lead to an offence under the Birds and Natural Habitats Regulations 2011 (S.I. 477 of 2011). However, the National Biodiversity Centre (NBDC) notes that under the right ecological conditions this species may have an impact on the conservation goals of a European site or impact on a water body achieving good/high ecological status under the Water Framework Directive (Directive 2000/60/EC). Old Man’s Beard is also included in the NRA Guidelines on the Management of Noxious Weeds and Non-native Species on National Roads (NRA 2010) as this species has been shown to

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have an adverse impact on landscape quality, native biodiversity or infrastructure; and is likely to be encountered during road schemes.

Japanese knotweed is a highly invasive, non-native species which was originally introduced as an ornamental plant but has since spread along transport routes and rivers to become a serious problem. From an ecological viewpoint it out-competes native species by forming dense stands which suppresses growth of other species. It grows extremely vigorously and can penetrate through small faults in tarmac and concrete and thus can damage footpaths, roads and flood defence structures. As it can survive in poor quality soils, including spoil, it often thrives in brownfield sites and in urban areas.

Himalayan balsam is an invasive terrestrial plant species that was first introduced in the UK in 1839 as an ornamental garden plant. Since it was introduced, it has spread to most parts of Ireland. Due to the nutrient poor soil and cold temperatures in its home range, the Himalayas, it has adapted to develop thousands of seeds, which are dispersed widely as the ripe seedpods shoot their seeds up to 7m (22ft) away. Due to our warmer climate and nutrient rich soils it has thrived here and became highly invasive Once established in the catchment of a river the seeds, which can remain viable for two years, are transported further afield by water. This species is widely distributed within the study area including proposed angling stands 2, 3 and 5 and in proximity to the footbridge over the Spa Glen Stream.

Figure 15. Japanese Knotweed recorded within proposed development site boundary

Old Man’s Beard (Clematis vitalba), also known as Travellers Joy, is a member of the Ranunculaceae family. It is a vigorous, deciduous climber with characteristic feathery seed heads in the late summer from which it derives its common name. In Ireland it is found in hedgerows, roadsides, riverbanks and along forest edges. The vine can form dense thickets blanketing trees and shrubs, ultimately depriving them of light. It can break limbs or cause their collapse from its sheer weight and mass. It also prevents regeneration of native vegetation by blocking light and physically oppressing young plants. Old Man’s Beard was recorded in a scattered distribution throughout the riparian zone along the Spa Glen Stream.

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4.6 Water Quality

4.6.1 EPA Water Quality Data

The Environmental Protection Agency (EPA) carries out a biological assessment of most river channels in the country on a regular basis. The assessments are used to derive Q values, indicators of the biological quality of the water. The biological health of a watercourse provides an indication of long-term water quality. The EPA Q value scheme is summarised in Table 9. The relationship between the Q-rating system and the Water Framework Directive classification as defined by the Surface Waters Regulations 2009 (S.I. 272 of 2009) is shown in Table 10. EPA biological monitoring data for the closest freshwater monitoring sites applicable to the development site, in relation to flow direction and topography are shown in Table 11.

The Q Value system, which is used by the Environmental Protection Agency, describes the relationship between water quality and the macro-invertebrate community in numerical terms. The presence of pollution causes changes in flora and fauna of rivers. Well documented changes occur in the macro-invertebrate community in the presence of organic pollution: sensitive species are progressively replaced by more tolerant forms as pollution increases. Q5 waters have a high diversity of macro-invertebrates and good water quality, while Q1 have little or no macro-invertebrate diversity and unsatisfactory water quality.

The intermediate ratings Q1-2, Q2-3, Q3-4 and Q4-5 are used to denote transitional conditions, while ratings within parenthesis indicate borderline values. Great importance is attached to the EPA biotic indices, and consequently it is these data that are generally used to form the basis of water quality management plans for river catchments.

Table 9. EPA biotic index scheme

Q value Water quality Pollution Condition 5 Good Unpolluted Satisfactory 4 Fair Unpolluted Satisfactory 3 Doubtful Moderately polluted Unsatisfactory 2 Poor Seriously polluted Unsatisfactory 1 Bad Seriously polluted Unsatisfactory

Table 10. Correlation between the WFD classification and Q values

Ecological status WFD Q Values High Q5, Q4-5 Good Q4 Moderate Q3-4 Poor Q3, Q2-3 Bad Q2, Q1

The southern boundary of the proposed development site runs along the River Blackwater. The most recent biological monitoring, conducted by the EPA in 2018 and 2020, at locations upstream and downstream of the proposed development site is presented in Table 11. This

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indicated that water qualify both upstream and downstream of the proposed development site is Good (Figure 16).

Table 11. EPA Q Values

River Blackwater Location at closest Point Q Values Status EPA Station NE of Ballymagooly 3.1km downstream of Q4 (2020) Good proposed development site Rly Br, Mallow (LHS) 0km upstream of proposed Q4 (2018) Good development site Rly Br, Mallow (RHS) 0km upstream of proposed Q4 (2018) Good development site

Figure 16. Proposed development site in relation to relevant EPA biological monitoring sites along the River Blackwater | Source EPA envision mapping | Not to scale

4.6.2 River Basin Management Plan for Ireland 2018 – 2021 (2nd Cycle)

The Water Framework Directive (WFD) sets out the environmental objectives which are required to be met through the process of river basin planning and implementation of those plans. Specific objectives are set out for surface water, groundwater and protected areas. The challenges that must be overcome in order to achieve those objectives are very significant. Therefore, a key purpose of the River Basin Management Plan (RBMP) is to set out priorities and ensure that implementation is guided by these priorities.

The second-cycle RBMP aims to build on the progress made during the first cycle. Key measures during the first cycle included the licensing of urban waste-water discharges (with an associated investment in urban waste-water treatment) and the implementation of the

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Nitrates Action Programme (Good Agricultural Practice Regulations). The former measure has resulted in significant progress in terms both of compliance levels and of the impact of urban waste-water on water quality. The latter provides a considerable environmental baseline which all Irish farmers must achieve and has resulted in improving trends in the level of nitrates and phosphates in rivers and groundwater. It is acknowledged, however, that sufficient progress has not been made in developing and implementing supporting measures during the first cycle.

Overall, RBMP assesses the quality of water in Ireland and presents detailed scientific characterisation of our water bodies. The characterisation process also takes into account wider water quality considerations, such as the special water-quality requirements of protected areas. The characterisation process identifies those water bodies that are At Risk of not meeting the objectives of the WFD, and the process also identifies the significant pressures causing this risk. Based on an assessment of risk and pressures, a programme of measures has been developed to address the identified pressures and work towards achieving the required objectives for water quality and protected areas. Data relating to the 2nd Cycle of the WFD is provided in Table 12 and the location of these shown in Figure 17. Limited results from the 3rd Cycle of the WFD have been released (via the EPA envision mapping portal). It is noted that there has been no change in the WFD status of Blackwater (Munster)_130 or Blackwater (Munster)_130 in the 3rd cycle.

Table 12. WFD Status 2nd Cycle

Catchment: Blackwater Munster (Code 18) – 2nd Cycle

This catchment includes the area drained by the River Blackwater and all streams entering tidal water between East Point and Knockaverry, Youghal, Co. Cork, draining a total area of 3,310km². The largest urban centre in the catchment is Mallow. The other main urban centres in this catchment are Fermoy, , Youghal, Kanturk and Millstreet. The total population of the catchment is approximately 109,030 with a population density of 33 people per km². Several small coastal rivers drain the area to the southeast of Cork Harbour and the area at the eastern extreme of the catchment is drained by the which flows into the sea on the western side of Youghal Bay.

This subcatchment comprises a portion of the Blackwater main channel (Blackwater (Munster)_100 to Blackwater (Munster)_160).

The issues on the main channel range from the decline of a High status objective water body (Blackwater (Munster)_110) to Good, which was driven by hydromorphology pressures, to a combination of point (Section 4 and IPC) and urban diffuse sources on Blackwater (Munster)_130. On Blackwater (Munster)_160 fish is the only metric failing to reach Good status and the IFI will advise what the significant pressure is.

Tributaries to the Blackwater (Munster)_110, Ballyclogh Stream_010 and Ballyclogh Stream_020 have consistently Poor and Moderate ecological status, respectively. On Ballyclogh Stream_010 the significant pressure is hydromorphology.

Waterbodies relevant to the proposed project

Waterbody WFD Status Significant Pressure Category Pressure

Blackwater (Munster)_130 Review Yes Industry, Urban runoff

Blackwater (Munster)_140 Not at risk Na Na

Blackwater (Munster)_150 Not at risk Na Na

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Source: EPA envision mapping and www.catchments.ie

Figure 17. WFD 2nd cycle waterbodies in the vicinity of the proposed development | Source: EPA Envision mapping https://gis.epa.ie/EPAMaps/) | not to scale

4.7 Potential Impact of Proposed Development on Blackwater River (Cork/Waterford) SAC, Kilcolman Bog SPA and Blackwater Callows SPA

4.7.1 Loss of habitat

Any habitat loss of Natura 2000 sites or deterioration in habitat quality would reduce the extent of habitat available for SCI/QI species. This could potentially decrease the viability of existing QI habitats and increase the pressure on existing habitat and may result in further deterioration.

The footprint of the proposed development is located within the Blackwater River (Cork/Waterford) SAC. The terrestrial habitats within the proposed development site were surveyed and classified using the classification scheme outlined in the Heritage council publication A Guide to Habitats in Ireland (Fossitt, 2000). These habitats were cross referenced with Annex I Habitats where required. No Annex I habitats or qualifying habitats for the Blackwater River (Cork/Waterford) SAC were recorded within the proposed development site boundary. The conservation objectives for the qualifying habitat 91E0 Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) is to restore the favourable conservation condition of this habitat within the SAC.

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It is noted that there is no Alluvial woodland (91E0) mapped in the vicinity of the proposed development site (NPWS 2012). The closest area of this habitat is located approximately 6km downstream. The minimum area of this habitat in the SAC is based on six sites surveyed by Perrin et al. (2008). NPWS (2012) notes that further un-surveyed areas are almost certainly present within the SAC. However, following DixonBrosnan surveys of all riparian and woodland habitat within the proposed development site, no Alluvial Woodland habitat (91E0) was recorded. Furthermore, no 91A0 Old sessile oak woods with Ilex and Blechnum in the British Isles habitat was recorded within the proposed development site.

Therefore there will be no direct loss of 91E0 Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) or 91A0 Taxus baccata woods of the British Isles and Old sessile oak woods with Ilex and Blechnum in British Isles as a result of the proposed development. Given the dilution available within the River Blackwater and the distance from the works area, no indirect impact on these habitats have been identified.

Construction works on or adjacent to the River Blackwater could potentially result in the loss of [3260] Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation. Therefore, further investigation is carried out below to determine if the proposed development has the potential to impact on this qualifying habitat within Blackwater River (Cork/Waterford) SAC via habitat loss.

4.7.2 Impacts from Noise and Disturbance

Potentially increased noise and disturbance associated with the site works could cause disturbance/displacement of fauna. If of sufficient severity, there could be impacts on reproductive success. The proposed development is located adjacent to Blackwater River (Cork/Waterford) SAC and QI species may forage or breed within the proposed development site.

Although located a considerable distance from the proposed development site, birds which are SCI species for the Kilcolman Bog SPA (distance of 12.2km) and the Blackwater Callows SPA (distance of 26.3km) could potentially forage on grassland or river habitats near the proposed development site. Shoveler, Wigeon and Teal have been recorded within 10km of the proposed development site (NBDC 2021). Whooper Swan have been recorded in the Blackwater Valley 8km west of Mallow Town Park (Irish Wetland Birds Survey (I-WeBS) 1994- 2001). However, there are no records of this species in the vicinity of the proposed development site.

The SCI species for the Kilcolman Bog SPA and Blackwater Callows SPA could potentially forage within the amenity grassland areas of the proposed development site. However, the lands in the vicinity of Mallow are dominated by grassland habitats and there are no features which differentiate the Mallow Town Park grasslands from extensive areas of similar habitat in the surrounding area. Furthermore if SCI birds were to use the grassland or river habitat within the proposed development site, these birds would already be habituated to existing noise and disturbance and would be unlikely to change their foraging patterns following the proposed development. While there may be a small reduction in the areas of grassland habitat at the site, given the amount of alternative, and less disturbed grassland habitat in the vicinity and the existing noise environment at Mallow Town Park no potential effects from visual or

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noise disturbances during the construction phase to SCIs or the conservation objectives for the Kilcolman Bog SPA or Blackwater Callows SPA will occur.

The conservation objectives of the Blackwater River (Cork/Waterford) SAC may be impacted by increased noise and disturbance during the construction phase of the proposed development. Further investigation is carried out below to determine if this has the potential to impact on QI’s within this Natura 2000 site.

4.6.3 Impacts on Water Quality

Surface water run-off during the construction and operational phase could potentially be contaminated with silt, hydrocarbons or other chemicals. This has the potential to impact on water quality within the Blackwater River and subsequently impact aquatic habitats, i.e. Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation [3260], as well as qualifying species which use these habitats, Margaritifera margaritifera (Freshwater Pearl Mussel) [1029], Austropotamobius pallipes (White-clawed Crayfish) [1092], Petromyzon marinus (Sea Lamprey) [1095], Lampetra planeri (Brook Lamprey) [1096], Lampetra fluviatilis (River Lamprey) [1099], Alosa fallax fallax (Twaite Shad) [1103], Salmo salar (Salmon) [1106], Lutra lutra (Otter) [1355].

The Blackwater Callows SPA is located 29.7km downstream (26.3km east) of the proposed development site and is potentially hydrologically connected via the River Blackwater. While wetlands are designated as a SCI for the site, there are no sensitive aquatic receptors within the SPA. Given the distance from the proposed development site and the dilution capacity within the River Blackwater over this distance, no significant potential impacts on the conservation objectives of the Blackwater Callows SPA are predicted to occur.

Therefore, the conservation objectives of the Blackwater River (Cork/Waterford) SAC may be impacted by the proposed development. Further investigation is carried out below to determine if changes in water quality have the potential to impact on QI’s within the Blackwater River (Cork/Waterford) SAC.

4.6.4 Spread of Invasive Species

There is potential during the construction phases of the proposed works for invasive species to be spread outside the site boundary. Disturbance of invasive species within the proposed development site could lead to the dispersal of scheduled invasive species either via machinery, materials, clothing or wild animals.

Two scheduled invasive species, Japanese Knotweed and Himalayan Balsam were recorded within the proposed development site. Further investigation is required to determine if the spread of invasive species could potentially impact on the conservation objectives of the Blackwater River (Cork/Waterford) SAC.

Crayfish occur within the Blackwater system and establishment of the disease crayfish plague can have highly detrimental impacts on this species. Angling equipment, used on the proposed angling stands could lead to further spread of Crayfish plague within the River Blackwater, potentially impacting on White Clawed Crayfish which is a qualifying species for the Blackwater River (Cork/Waterford) SAC. Further investigation is required to determine if the

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spread of crayfish plague could potentially impact on the conservation objectives of the Blackwater River (Cork/Waterford) SAC.

4.6.5 In-combination Impacts

In-combination impacts refer to a series of individual impacts that may, in combination, produce a significant effect. The underlying intention of this in combination provision is to take account of in-combination impacts from existing or proposed plans and projects and these will often only occur over time.

High negative pressures, threats and activities identified for the Blackwater River (Cork/Waterford) SAC include grazing, fertilisation, mowing and cutting of grassland.

The area surrounding Mallow town is heavily agriculturalized. Intensive agriculture in particular can have significant impacts on aquatic ecology by increasing nutrients and sediment loads. Wastewater is also discharged from settlements such as Mallow, Kanturk and Fermoy. Surface water run-off during the construction phase could potentially be contaminated with silt, hydrocarbons or other chemicals. This could potentially lead to in-combination impacts within the Blackwater River (Cork/Waterford) SAC. Further investigation is also required to determine if increased noise and disturbance will have in-combination impact on QIs within the Blackwater River (Cork/Waterford) SAC.

Therefore, further investigation is required to examine potential in-combination impacts on qualifying habitats and species within the Blackwater River (Cork/Waterford) SAC.

No significant in-combination impacts have been identified on Kilcolman Bog SPA or the Blackwater Callows SPA.

4.7 Stage One Appropriate Assessment Conclusions

4.7.1 Screening of Relevant Natura 2000 Sites and Qualifying Interests/Special Conservation Interests

Potential impacts, although improbable, have been identified for the Blackwater River (Cork/Waterford) SAC. Screening conclusions with regard to the qualifying species and habitats for these Natura 2000 sites is provided in Table 13. No significant effects on the conservation objectives for Kilcolman Bog SPA or the Blackwater Callows SPA will occur.

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Table 13. Identification of relevant Natura 2000 sites. All Natura 2000 sites and QI’s screened in for AA are highlighted (in bold).

Natura 2000 site Qualifying Interest/Special Conservation Interest* Potential Impacts Screened In/Out

(*Screened in QI’s/SCI’s In Bold)

Blackwater River Estuaries [1130] These habitats are located over 50km downstream of the Screened Out (Cork/Waterford) SAC proposed development site. Given that there are no Mudflats and sandflats not covered by seawater at low significant aqueous discharges associated with the proposed tide [1140] development and the dilution available within the River Blackwater, no impact on these qualifying habitats is Perennial vegetation of stony banks [1220] predicted to occur.

Salicornia and other annuals colonising mud and sand [1310]

Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330]

Mediterranean salt meadows (Juncetalia maritimi) [1410]

Water courses of plain to montane levels with the Part of the proposed development site is located within the Screened in Ranunculion fluitantis and Callitricho-Batrachion Blackwater River (Cork/Waterford) SAC. vegetation [3260] Habitat loss, deterioration in water quality and sedimentation as well as invasive species impacts arising from the project have the potential to adversely affect the Conservation Objectives for this Qualifying Interest

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Natura 2000 site Qualifying Interest/Special Conservation Interest* Potential Impacts Screened In/Out

(*Screened in QI’s/SCI’s In Bold)

Old sessile oak woods with Ilex and Blechnum in the It is noted that there are no 91E0 *Alluvial forests with Alnus Screened out British Isles [91A0] glutinosa and Fraxinus excelsior (Alno‐Padion, Alnion incanae, Salicion albae) mapped in the vicinity of the Alluvial forests with Alnus glutinosa and Fraxinus proposed development site (NPWS 2012). The closest area excelsior (Alno-Padion, Alnion incanae, Salicion albae) of this habitat is located approximately 6km downstream. The [91E0] riparian woodland within the proposed development site does not correspond to this Annex I habitat.

There are no Old sessile oak woods with Ilex and Blechnum in British Isles habitat in the vicinity of the proposed development site and this habitat was not recorded within the proposed development site.

No direct or indirect impacts have been identified.

Margaritifera margaritifera (Freshwater Pearl Inhabit and/or migrate through freshwater and thus could be Screened In Mussel) [1029] affected by impacts on habitat loss or water quality. Impacts on prey availability along with noise and disturbance could Austropotamobius pallipes (White-clawed impact on Otter Crayfish) [1092]

Petromyzon marinus (Sea Lamprey) [1095]

Lampetra planeri (Brook Lamprey) [1096]

Lampetra fluviatilis (River Lamprey) [1099]

Salmo salar (Salmon) [1106]

Lutra lutra (Otter) [1355]

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Natura 2000 site Qualifying Interest/Special Conservation Interest* Potential Impacts Screened In/Out

(*Screened in QI’s/SCI’s In Bold)

Alosa fallax fallax (Twaite Shad) [1103] Twaite Shad spend their adult life at sea or in estuaries and Screened Out spawn in freshwater in early summer. This species is known to exist in the River Blackwater and is the likely spawning area (NPWS, 2007). They do not occur in proximity to the proposed development.

Trichomanes speciosum (Killarney Fern) [1421] Killarney fern generally requires specific habitat requirements Screened Out which are found in dripping caves, cliffs, crevices and gullies by waterfalls, crevices in woodland, and occasionally on the floor of damp woodland - all deeply shaded humid habitats. Based on the habitats present within the proposed development area this species will not occur.

Kilcolman Bog SPA Whooper Swan Cygnus cygnus [A038] SCI waterbirds and wildfowl could occur in the vicinity of the Screened out proposed development site. However, given existing levels of Teal Anas crecca [A052] disturbance at the site and that no change of land use is proposed, no impacts on SCI species are predicted to occur. Shoveler Anas clypeata [A056]

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Natura 2000 site Qualifying Interest/Special Conservation Interest* Potential Impacts Screened In/Out

(*Screened in QI’s/SCI’s In Bold)

Blackwater Callows Whooper Swan Cygnus cygnus [A038] SCI waterbirds and wildfowl could occur in the vicinity of the Screened out SPA proposed development site. However, given existing levels of Teal Anas crecca [A052] disturbance at the site and that no change of land use is proposed, no impacts on SCI species are predicted to occur. Shoveler Anas clypeata [A056]

Black-tailed Godwit Limosa limosa [A156]

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4.7.2 Screening conclusion

The aims of this screening section of this report were as follows:

• Determine whether the proposed development, alone or in combination with other projects, is likely to have significant effects on Natura 2000 sites in view of their conservation objectives.

• Provide information on and assess the potential for the proposed development to significantly impact on Natura 2000 Sites (also known as European sites).

• Determine whether the proposed development is directly connected with, or necessary to the conservation management of any Natura 2000 sites.

It has been objectively concluded that:

• The proposed development is not directly connected with, or necessary to the conservation management of any Natura 2000 sites.

• On the basis of objective information, the possibility of significant effects from the proposed development on European sites cannot be ruled out. There is potential for the proposed development to significantly impact the Blackwater River (Cork/Waterford) SAC via impacts on water quality.

• The proposed development, alone or in combination with other projects could potentially impact on the qualifying interests for the Blackwater River (Cork/Waterford) SAC

On the basis of objective information and in view of best scientific knowledge, the possibility of significant effects from the proposed project on a European site, the Blackwater River (Cork/Waterford) SAC, cannot be ruled out and therefore an Appropriate Assessment is required.

The NIS has been prepared to inform and assist the competent authority to assess, in view of best scientific knowledge, if the proposed development, individually or in combination with another plan or project is likely to have a significant effect on the European site.

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5. Stage 2 – Natura Impact Statement

5.1 Introduction

The main objective of this stage (Stage 2, Natura Impact Statement) in the Appropriate Assessment process is to determine whether the proposed development at Town Park, Mallow, Co. Cork (either alone or in combination with other plans, programmes and projects) will result in significant adverse impacts to the integrity of the Natura 2000 sites identified in the previous section i.e., Blackwater River (Cork/Waterford) SAC with respect to the site’s structure, function and/or conservation objectives. This stage also outlines the mitigation measures that should be taken in order to avoid any negative impacts associated with the proposed development.

5.2 Status of qualifying species and habitats potentially affected by the proposed development – Blackwater River (Cork/Waterford) SAC

5.2.1 Otter (Lutra lutra)

Otters, along with their breeding and resting places are protected under the provisions of the Wildlife Act 1976, as amended by the Wildlife (Amendment) Act, 2000. Otters have additional protection because of their inclusion in Annex II and Annex IV of the Habitats Direct which is transposed into Irish law in the European Communities (Natural Habitats) Regulations (S.I 94 of 1997), as amended. Otters are also listed as requiring strict protection in Appendix II of the Berne Convention on the Conservation of European Wildlife and Natural Habitats and are included in the Convention on International Trade of Endangered species (CITES).

Although rare in parts of Europe they are widely distributed in the Irish countryside in both marine and freshwater habitats. Otters are solitary and nocturnal and as such are rarely seen. Thus, surveys for Otters rely on detecting signs of their presence. These include spraints (faeces), anal gland secretions, paths, slides, footprints and remains of prey items. Spraints are of particular value as they are used as territorial markers and are often found on prominent locations such as grass tussocks, stream junctions and under bridges. In addition, they are relatively straightforward to identify.

Otters occasionally dig out their own burrows but generally they make use of existing cavities as resting placing or for breeding sites. Suitable locations include eroded riverbanks, under trees along rivers, under fallen trees, within rock piles or in dry drainage pipes or culverts etc. If ground conditions are suitable the holt may consist of a complex tunnel and chamber system. Otters often lie out above ground especially within reed beds where depressions in the vegetation called “couches” are formed. (NRA, 2005b). Generally, holts or resting areas can be located by detecting signs such as spraints or tracks.

In contrast natal holts which are used by breeding females can be extremely difficult to locate. They are often located a considerable distance from any aquatic habitats and Otters may also use habitats adjoining small streams with minimal or no fish populations. In addition, natal holts are usually carefully hidden and without obvious sprainting sites. Otters do not have a well-defined breeding season.

It is noted that Otters are largely nocturnal, particularly in areas subject to high levels of disturbance as evidenced by the presence of Otters in the centre of Cork and Limerick City.

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Thus, Otters are able to adapt to increased noise and activity levels; however, breeding holts are generally located in areas where disturbance is lower.

A review of existing NBDC records within a 10km radius of the study site (Grid Square W59) showed that Otter or signs of Otter have been recorded on 20 occasions, most recently in September 2015 (NBDC 12/05/21).

Otter is a qualifying interest for the Blackwater River (Cork/Waterford)) SAC which is one of the most important sites in Ireland for this species. The most recent national Otter Survey recorded Otter in 98.8% of the site assessed within the Blackwater catchment. An Otter survey was carried out in 2011 as part of the Mallow Main Drainage Scheme (DixonBrosnan 2011a) noted the following:

"Evidence of Otters was recorded either side of Mallow Bridge (R620) in March 2011. Signs were most evident upstream of the bridge where prominent rocks and other features were well marked with spraints on either bank. The north bank of the river downstream of Mallow bridge showed no evidence of Otters. This area is now a public park and walkway and regularly used by dog walkers which may deter Otters".

Otters are also known to frequent sections of the River Blackwater in close proximity to the proposed development site (Carl Dixon Personal observation). During surveys for the Mallow Sewerage scheme (DixonBrosnan 2019), Otter spraints were recorded on the western side of Mallow Town Bridge, within the proposed development site various locations along the southern bank of the River Blackwater (Figure 18). The evidence indicates that Otter utilise the river and may periodically use the large areas of scrub, treelines and woodland in proximity to the River Blackwater.

Figure 18. Locations of Otter spraint sites and Otter tar markings | Source DixonBrosnan 2019

During the same survey period an Otter holt was recoded in February 2019 in a section of recently collapsed river embankment (Figure 19). A number of spraints were noted at the entrance. This holt was not recorded during previous surveys. This holt was located within an area which was subject to high levels of disturbance and there was no tunnel system evident. The site was not suitable as a breeding holt, but more likely to be used as a short-term resting area.

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Figure 19. Otter holt location recorded February 2019 south of proposed development site | Source DixonBrosnan 2019

Otter commonly occur along the River Blackwater and are listed as a QI for the Blackwater River (Cork/Waterford) SAC. However, levels of disturbance within the Mallow Town Park from walkers and in particular from dogs is high. This may limit the use of bankside habitats within the Mallow Town Park by Otter and no holts or signs of Otter were recorded within 150m of the proposed works. Signs of Otter are generally more prevalent on the southern bank where disturbance levels are lower.

5.2.2 White-clawed Crayfish (Austropotamobius pallipes)

White-clawed Crayfish was recorded from six sites on the in the 1960’s and surveys undertaken between 1990 and 2003 also confirmed a population of White-clawed Crayfish in the River Awbeg (Demers et al. 2005). NS (2010) notes that this species was recorded in the Blackwater for the first time in September 2009. The NBDC has records of this species from Longfield’s Bridge in 2015 approximately 4km upstream of Mallow Town Park. There is evidence that this species is currently expanding its range within the Blackwater with reports of this species occurring along the main channel upstream of Mallow and downstream of the confluence of the Awbeg and main River Blackwater channel (Sweeney & Sweeney 2017). However, there are no reports of this species occurring within or in close proximity to the proposed works. In respect of White-clawed Crayfish the 2018 Ecofact report noted the following:

During the course of the survey no white-clawed crayfish or signs of white-clawed crayfish were observed. However, since a dedicated white-clawed crayfish survey was not carried out this does not rule out their presence. White-clawed crayfish have been recorded in the River Blackwater. A study published in 2018 found 15 crayfish in the main Munster Blackwater channel upstream and downstream of Mallow; however, none were found at Mallow Bridge (Sweeney & Sweeney, 2017). Data obtained from www.maps.biodiversityireland.ie/Map shows that the EPA have recorded White-clawed crayfish upstream at Longfields Br. monitoring station (Station code: 18B021400) approximately 4km upstream of Mallow railway bridge in 2015. Within the study area there was some suitable habitat such as the where the river walls had collapsed.

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Based on the available evidence it is considered improbable that White-clawed Crayfish are present in the vicinity of the proposed development site, however given the recent changes in distribution of this species within the overall catchment and taking account of the precautionary principle, it is possible that this species will be present within the works area at the time of construction.

5.2.3 Lamprey species (Petromyzon marinus, Lampetra planeri, Lampetra fluviatilis)

The distribution of Lamprey species in the Blackwater River (Cork/Waterford) SAC is detailed in King & Linnane (2004). Juvenile River/Brook and Sea Lamprey have been recorded from the main Blackwater channel and from the following watercourses: Licky, Bride, Araglin, Clyda, Allow, Owenkeal, Finnow, Owentaraglin, Awanaskirtaun River, and Awbeg 2. Relatively high numbers of all three lamprey species were recorded from the main channel. Petit (2004) noted that "The sea lamprey is commonly seen as far upstream as Mallow, where it has been observed spawning. River lamprey has been commonly encountered in the R. Blackwater, and brook lamprey adults have been caught in the upper reaches of the river."

King & Linnane (2004) noted the following in relation to surveys of the River Blackwater:

Direct observation was used to observe and record locations and extent of sea lamprey spawning Long segments of the main channel between Mallow and Cappoquin were examined by boat over the period 3-16th July 2003. A number of areas with suitable bed type for sea lamprey, based on observations in other channels, were observed. A single redd was recorded opposite Mallow castle, 7 downstream of and 3 downstream of Ballyhooly. The majority of sea lamprey spawning sites recorded by boat were observed downstream of Fermoy Bridge and weir. A further 18 redds were observed in small clusters of twos and threes between Careysville and Cappoquin. A total of 65 redds were counted by boat along the entire stretch.

The majority of Sea Lamprey spawning sites were observed downstream of Fermoy Bridge and weir. Maitland and Campbell (1992) list the threats to lamprey as water pollution, barriers to migration and habitat degradation. In Ireland the single biggest factor limiting the distribution of anadromous lamprey are upstream barriers. Although the data available to date are limited, the impact of artificial barriers on the distribution of lampreys on a number of major rivers is evident. Whilst weirs downstream of Mallow are probably passable under certain flow conditions, they do form an impediment and large-scale spawning of Sea Lamprey or River Lamprey within the works area is not considered probable.

It is noted that juvenile River/Brook Lamprey were recorded from a small stream/millrace which discharges to the Blackwater immediately upstream of Mallow Bridge (Electrofishing survey for lamprey in two minor watercourses as part of the Munster Blackwater River (Mallow South and West) Drainage Scheme, DixonBrosnan, 2011).

Typically, the substrate for juveniles, which is similar for all three species, varies in depth from a few centimetres to 30cm or more; it often contains a relatively high organic content and has been variously described as composed of mud, silt, or silt and sand (Hardisty & Potter 1971). Especially in slow-flowing stretches, the more favourable habitats include, in addition to sand and silt, a clay fraction forming an open-structured sediment (Potter 1970).

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Stream flow, water temperature and streambed composition can have a major effect on the distribution of spawning sea lamprey (Haro & Kynar 1997). Physical barriers can impact on Sea Lamprey and River Lamprey which are anadramous. The distribution of larvae is affected most by the location of spawning sites, stream flow, water temperature, streambed pollution and downstream migrations.

An aquatic survey of the Blackwater River was carried out by Ecofact in late-September /early October, 2018 (Ecofact, 2018). The survey was focused primarily on Freshwater Pearl Mussel but also assessed the presence/absence of significant examples of the qualifying habitat Watercourses of plain to montane levels with the Ranunculion fluitantis and Callitricho- Batrachion vegetation and identified suitable habitat for Atlantic Salmon, Brook Lamprey, River Lamprey and Sea Lamprey.

Sea Lamprey

The 2018 Ecofact report noted that sea lamprey adults would not have been present in the study area at the time of the survey. In relation to sea lamprey distribution the Ecofact report noted the following:

Downstream of Mallow at Fermoy and Clondulane there are two weirs that are partial barriers to lamprey attempting to migrate upstream. King & Linnane (2004) did record Sea Lampreys spawning in the Mallow castle area – however the majority of spawning sea lamprey were below Fermoy weir. Juvenile Sea Lampreys have also been found in the Mallow area and upstream from here. King & Linnane (2004) also carried out an electric fishing study where 18 sites on the Blackwater (Munster) main channel were surveyed, 5 sites were located upstream of Mallow and the remainder were located between Mallow and Cappoquin. Of these 18 sites, juvenile lamprey sp were found at 16. Juvenile sea lamprey made up approximately 30% of the population on the River Blackwater (Munster) main channel and one sixth of the population in the overall catchment.

Extensive areas of suitable micro-habitat for sea lamprey were observed during the survey. Areas of heavy siltation in particular with overhanging trees and woody debris which are suitable nursery habitat were present in several areas. Gravel areas suitable for spawning were also present. The most suitable habitat was in the back channel behind the island upstream of Mallow Bridge. Just upstream of Mallow Railway bridge there is heavily silted areas with over hanging trees. Downstream of the current discharge by approximately 200m is a deeply silted pool. The silt is a result of the collapsed walls and has resulted in good lamprey habitat. The collapsed wall has also reduced the complexity of habitat available for lamprey.

Potential spawning habitat for Sea Lampreys is present in the vicinity of the proposed development site. No nursery habitat is present.

Brook Lamprey

In relation to Brook Lamprey the Ecofact report noted the following:

Brook lampreys are likely to be the most common lamprey species in the study area. There are lamprey micro-habitats along the entire study area, and numerous potential spawning areas. Also, areas with overhanging trees such as upstream of Mallow Railway bridge where

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flow in reduced and there is a pool on the south bank. The best lamprey habitat was observed on the left side of the river upstream of Mallow bridge (at the island). The habitats are in the same areas as described above for Sea Lamprey. King & Linnane (2004) electric fishing survey on the River Blackwater found that juvenile river/brook lamprey were the most abundant juvenile lamprey species in the River Blackwater catchment. The study found that larger lamprey were well represented across most of the study are but downstream of Mallow they tended to be older and larger.

Potential spawning habitat for Brook Lampreys is present in the vicinity of the proposed development site. No nursery habitat is present.

River Lamprey

In relation to River Lamprey the Ecofact report noted the following:

River lampreys are migratory and may not reach the Mallow area due to the presence of the downstream weirs – but it is possible that some pass them during flood conditions. In the King & Linnane (2004) survey river lamprey redds were only recorded in the lower reaches of the Blackwater and none were recorded in the vicinity of mallow.

In 2013 IFI carried out a fish stock survey on the River Blackwater. Lamprey species were not differentiated in the study. Three sites were electric fished on the River Blackwater and Lamprey sp were recorded at two. Lamprey were found at the site 9km downstream of Mallow and at Nohaval br. upstream from Mallow at a density of 0.005 no./m2 (Kelly et al., 2014).

Potential spawning habitat for River Lampreys located in the vicinity of the proposed development site. No nursery habitat is present.

5.2.4 Atlantic salmon (Salmo salar)

Salmon are anadromous migratory fish. Adult fish migrate from the sea to river/stream spawning areas, where the young fish live out their juvenile life stages before migrating as adults to the sea. The Blackwater system is considered one of the most important and prolific salmon rivers in Ireland and the main channel is a designated salmonid water (European Communities (Quality of Salmonid Waters) Regulations, 1988. Tributaries including relatively minor watercourses provide important spawning and nursery habitat.

The 2018 Ecofact report noted the following in respect of Atlantic Salmon:

Significant numbers of juvenile salmon Salmo salar were recorded during the survey and abundant numbers of Minnows Phoxinus phoxinus were present. In 2013 IFI carried out a fish stock survey of the River Blackwater (Munster). They surveyed three sites 9km downstream of Mallow at Killavullen Bridge and two sites further downstream. Salmon were recorded at every site (Kelly et al., 2014). There are spawning and nursery habitats throughout the surveyed area.

Potential spawning habitat for salmon is present in the vicinity of the proposed development site. This is also a juvenile salmon nursery area.

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5.2.5 Freshwater Pearl Mussel (Margaritifera margaritifera)

Freshwater pearl mussel (Margaritifera margaritifera) is listed on Annexes II and V of the EU Habitats Directive (1992). Annex II of the Habitats Directive requires that listed species' habitats are maintained or, where appropriate, restored to favourable conservation status. Under Annex V of the Habitats Directive this species is listed as ‘a species of community interests whose taking in the wild and exploitation may be subject to management measures.’ This species is also listed on Appendix III of the Bern Convention which requires that ‘any exploitation of wild fauna specified in Appendix III must be regulated in order to keep the populations out of danger (temporary or local prohibition of exploitation, regulation of transport or sale, etc.)’. The Freshwater pearl mussel is listed as ‘Critically Endangered’ in the according to the ‘Ireland Red List No. 2: Non-Marine Molluscs’ (Byrne et al., 2009).This species is legally protected in Ireland under Schedule 1 of the Wildlife Act (1976) (Protection of Wild Animals) (S.I. No. 112, 1990) as per the requirements of Section 23 of the Wildlife Act (1976), amended under Section 31 of the Wildlife Act (2000).

The transposition of the EU Water Framework Directive (2000) into Irish legislation, as the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003) and the more recent European Communities Environmental Objectives (Surface Waters) Regulations (S.I. No. 272 of 2009) require the achievement of ‘good ecological status’ in Irish waterbodies by 2015. Further measures for the protection of Freshwater pearl mussel are set out in the European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations (S.I. 296 of 2009). This legislation sets environmental quality objectives for ‘the habitats of the Freshwater pearl mussel populations that are within the boundaries of a site notified in a candidate list of European sites, or designated as a Special Area of Conservation, under the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94/1997). The purpose of these Regulations is to support the achievement of favourable conservation status for Freshwater pearl mussels. To that end they:

(a) Set environmental quality objectives for the habitats of the Freshwater pearl mussel populations named in the First Schedule to these Regulations that are within the boundaries of a site notified in a candidate list of European sites, or designated as a Special Area of Conservation, under the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94/1997).

(b) Require the production of sub-basin management plans with programmes of measures to achieve these objectives.

(c) Set out the duties of public authorities in respect of the sub-basin management plans and programmes of measures.

Habitat requirements for sustainable populations of Freshwater Pearl Mussel (DEHLG, 2010)

The habitat of Margaritifera margaritifera in Ireland is restricted to near natural, clean flowing waters, often downstream of ultra-oligotrophic lakes. A small number of records are from the lakes themselves. The pearl mussel requires stable cobble and gravel substrate with very little fine material below pea-sized gravel. Adult mussels are two-thirds buried and juveniles up to five to ten years old are totally buried within the substrate. The lack of fine material in the riverbed allows for free water exchange between the open river and the water within the

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substrate. The free exchange of water means that oxygen levels within the substrate do not fall below those of the open water. This is essential for juvenile recruitment, as this species requires continuous high oxygen levels.

The clean substrate must be free of inorganic silt, organic peat, and detritus, as these can all block oxygen exchange. Organic particles within the substrate can exacerbate the problem by consuming oxygen during the process of decomposition. The habitat must be free of filamentous algal growth and rooted macrophyte growth. Both block the free exchange of water between the river and the substrate and may also cause night-time drops in oxygen at the water-sediment interface.

The open water must be of high quality with very low nutrient concentrations, in order to limit algal and macrophyte growth. Nutrient levels must be close to the reference levels for the river they inhabit. Phosphorus must never reach values that could allow for sustained, excessive filamentous algal growth. The presence of sufficient salmonid fish to carry the larval glochidial stage of the pearl mussel life cycle is essential.

The conservation targets for sustainable mussel populations include maintenance of free water exchange between the river and the substrate and minimal coverage by algae and weed. The particular emphasis is on maintenance of recruitment i.e. the riverbed structure required to breed the next generation.

Table 14 shows the sustainable pearl mussel habitat attributes, with ecological quality objectives for pearl mussel sites as set out in the draft European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009. (The targets set out in these Regulations are interim targets that may be revised in line with the results of monitoring programmes).

Table 14. Ecological Quality Objectives for Freshwater Pearl Mussel Sites

Element Notes Objective Notes Macroinvertebrates EQR ≥0.90 High status Filamentous algae(Macroalgae) Trace or Present Any filamentous algae (<5%) should be wispy and ephemeral and never form mats.

Phytobenthos EQR ≥0.93 High status (Microalgae) Macrophytes - rooted higher Trace or Present (<5%) Rooted macrophytes should Plants be absent or rare within the mussel habitat. No artificially elevated levels No plumes of silt when Siltation of siltation substratum is disturbed

Ecological quality ratio” (EQR) is an expression of the relationship between the values of the biological parameters observed for a given body of surface water and the values for those parameters in the reference conditions applicable to that body. The ratio is expressed as a numerical value between zero and one, with high ecological status represented by values close to one and bad ecological status by values close to zero.

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Status of Freshwater Pearl Mussel Blackwater River (Cork/Waterford) SAC

The Blackwater [Munster] River (MBW) catchment is the largest Freshwater Pearl Mussel (FPM) catchment in Ireland, totalling 2,333.83km2. It is located in the South-Western River Basin District (SWRBD). The MBW River flows through the counties Kerry, Cork and Waterford. The Blackwater River (Cork/Waterford) Special Area of Conservation (SAC) encompasses the entire length of the catchment and part of the Galtee Mountains. The catchment contains 103 river water bodies, along 2,232.07km. Twelve of these 103 rivers are listed in the draft Munster Blackwater Sub-Basin Management Plan, as having a population of Freshwater Pearl Mussel.

The Munster Blackwater is ranked 24 out of the 27 for the status of its FPM SAC population in Ireland. This rank is based on population status, habitat condition and current pressures, culminating in the Blackwater FPM population being classed in an “unfavourable” conservation status (Anon, 2010a). The Blackwater catchment fails to meet all five Environmental Quality Objectives (EQOs) listed in Table 14.

The Munster Blackwater population of Freshwater Pearl Mussel was reported to be in unfavourable conservation status. The Blackwater population is believed to be composed entirely of aged adults, with no evidence of recruitment for at least 20 years (DEHLG, 2010). It is generally considered that a scattered population exists over a wide area from upstream of Mallow to Fermoy. The findings of surveys are given in DoEHLG (2010) for the Mallow area summarised as follows:

• Two living mussels and 300 dead mussels from a 500m stretch of river, 2km upstream of Mallow in 2004. Siltation of the mussels attributed to instream works was believed to be the cause of the mussel kill

• In a presence/absence non-continuous survey of the River Blackwater 6km upstream and 6km downstream of Mallow in 2008, 19 out of the 38 sites examined had mussels. All sites upstream of Mallow town had mussels, some in relatively high density and only one site downstream had M. margaritifera present. At a location along the north bank of the river adjacent to the former Sugar Factory, an estimated density of up to 50-60 individuals per m2 were found beneath overhanging trees

• Furthermore, two more surveys were carried out in 2014. Ross (2014) carried out FPM surveys on the upper River Blackwater (Munster) in Mallow in 2014. Six live mussels were recorded in total. Heavy siltation was noted.

• An aquatic survey of the River Blackwater at Mallow was carried out by Ecofact in late- September /early October 2018. The report concluded that generally the habitat in the study area and within the survey sections was considered to be unsuitable both for adult FPM and juvenile FPM recruitment. This is mainly due to heavy siltation, unsuitable and unstable substrate and eutrophication. Only one live freshwater pearl mussel was found at the most downstream point of the study area, downstream of the existing outfall for the Mallow WWTP.

The decline of FPM populations in Ireland is primarily related to the continuous failure to produce new generations of mussels because of the loss of clean gravel beds, which have become infiltrated by fine sediment and/or over-grown by algae or macrophytes. Macrophytes

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smother the juvenile habitat even further, and trap more sediment, exacerbating the problem in the long term. Juvenile mussels require well-oxygenated and silt-free substrate and riffled habitats in low gradient watercourses frequently provide a suitable mix of rock, cobble and sand substrates.. This is severely affected by siltation, algal growth and decomposition of organic material.

The key improvements needed for the Munster Blackwater Catchment are to restore juvenile habitats to appropriate condition by simultaneously reducing nutrient and silt inputs to the river (DEHLG, 2010).

The most recent date for FPM in the vicinity of the proposed development site suggests they could occur downstream of the proposed development site, however given the significant population declines there are unlikely to be more than a few individuals.

5.2.6 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation.

The EU (2003) definition of the habitat water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho‐Batrachion vegetation is very broad. There is no satisfactory definition of the habitat and its sub-types or their distribution in Ireland and a lack of relevant monitoring data concerning the habitat. This habitat can occur over a wide range of physical conditions, from acid, oligotrophic, flashy upland streams dominated by bryophytes to more eutrophic, slow flowing streams dominated by Ranunculus and Callitriche species. While the former will be sensitive to diffuse pollution the latter, especially in shallow streams, will be relatively more resistant.

This habitat type is commonly distributed along the main Blackwater channel and within tributaries and includes species such as Pond Watercrowfoot (Ranunculus peltatus), Water- crowfoot (Ranunculus sp.), Canadian Waterweed (Elodea canadensis), Broad-leaved Pondweed (Potamogeton natans) and Water Milfoil (Myriophyllum spp.).

The NPWS conservation objectives for the Blackwater River (Cork/Waterford) SAC (NPWS 2012) notes the following in relation to this habitat:

The full distribution of this habitat and its sub‐types in this site are currently unknown. The basis of the selection of the SAC for the habitat was the presence of plant species listed in the Interpretation Manual (European Commission, 2007), recorded during the Natural Heritage Area (NHA) survey of the river (internal NPWS files). Further records of these and other aquatic plant species in the Blackwater can be found in Green (2008) and O’Mahony (2009). The dominant floating leaved species appears to be the common and widespread stream water‐crowfoot (Ranunculus penicillatus subsp. Penicillatus). No high conservation value subtypes are known to occur in the SAC and further survey is required to determine whether any such are present. Only one rare/threatened vascular plant species is known to occur in the SAC, the protected opposite‐leaved pondweed (Groenlandia densa), which is abundant in the tidal stretches around Cappoquin.

The Spa Glen Stream and Baltydaniel Stream do not contain examples of this habitat type (Refer to Table 6). While this habitat is not located within the proposed development site boundary, examples of this habitat type may be located downstream.

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5.2.7 Qualifying interests potentially impacted by the proposed development

Based on the information outlined above, in the absence of mitigation measures, potential impacts could theoretically arise in relation to Atlantic Salmon, Brook Lamprey, Sea Lamprey, River Lamprey, Otter, Freshwater Pearl Mussel and Watercourses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation. Impacts on White clawed Crayfish are also possible although less likely to occur. No significant potential risk to the remaining qualifying species and habitats has been identified. The NPWS conservation objectives for the Blackwater River SAC (NPWS 2012) details the following targets for these species and habitats (Tables 15 and 16).

Table 15. QI species for which a potential impact has been identified – specific targets

Species Attribute Measure Target

White Clawed Crayfish Distribution Occurrence No reduction from baseline.

Population Percentage Juveniles and/or females with structure: occurrence of eggs in at least 50% of recruitment juveniles and females positive samples with eggs

Negative indicator Occurrence No alien crayfish species

species

Disease Occurrence No instances of disease

Water quality EPA Q value At least Q3‐4 at all sites sampled by EPA

Habitat quality: Occurrence of positive No decline in heterogeneity or habitat heterogeneity habitat features quality

Sea Lamprey Distribution: extent % of river accessible Greater than 75% of main stem length of rivers of anadromy accessible from estuary.

Population Number of age/size At least three age/size groups present structure of groups

juveniles

Juvenile density in Juveniles/m² Juvenile density at least 1/m² fine sediment

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Species Attribute Measure Target

Extent and m² and occurrence No decline in extent and distribution of spawning distribution of beds

spawning habitat

Availability of Number of positive More than 50% of sample sites positive. juvenile habitat sites in 3rd order

channels (and

greater), downstream

of spawning areas

Brook Lamprey Distribution % of river accessible Access to all water courses down to first order streams

Population Number of age/size At least three age/size groups of brook/river structure of groups lamprey present

juveniles

Juvenile density in Juveniles/m² Mean catchment juvenile density of brook/river fine sediment lamprey at least 2/m²

Extent and m² and occurrence No decline in extent and distribution of spawning distribution of beds

spawning habitat

Availability of Number of positive More than 50% of sample sites positive. juvenile habitat sites in 2nd order

channels (and

greater), downstream

of spawning areas

River Lamprey Distribution % of river accessible Access to all water courses down to first order streams

Population Number of age/size At least three age/size groups of river/brook structure of groups lamprey

juveniles present

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Species Attribute Measure Target

Juvenile density in Juveniles/m² Mean catchment juvenile density of brook/river fine sediment lamprey at least 2/m²

Extent and m² and occurrence No decline in extent and distribution of spawning distribution of beds

spawning habitat

Availability of Number of positive More than 50% of sample sites positive. juvenile habitat sites in 2nd order

channels (and

greater), downstream

of spawning areas

Atlantic Salmon Distribution: extent % of river accessible 100% of river channels down to second order of anadromy accessible from estuary

Adult spawning fish Number Conservation Limit (CL) Number for each system consistently exceeded

Salmon fry Number of fry/5 Maintain or exceed 0+ fry mean catchment‐wide Abundance minutes electrofishing abundance threshold value. Currently set at 17 salmon fry/5 min sampling

Out‐migrating Number No significant decline

smolt abundance

Number and Number and No decline in number and distribution of spawning distribution of occurrence redds due to anthropogenic causes redds

Water quality EPA Q value At least Q4 at all sites

sampled by EPA

Otter Distribution Percentage positive No significant decline

survey sites

Extent of terrestrial Hectares No significant decline. Area Habitat

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Species Attribute Measure Target

mapped and calculated as

103ha above high water mark

(HWM); 1165.7ha along river

banks/ around ponds

Extent of marine Hectares No significant decline. Area mapped and Habitat calculated as 647.2ha

Extent of Kilometres No significant decline. Length mapped and freshwater (river) calculated as 599.54km

habitat

Extent of Hectares No significant decline. Area mapped and freshwater (lake) calculated as 25.06ha

habitat

Couching sites and Number No significant decline

Holts

Fish biomass Kilograms No significant decline

Available

Barriers to Number No significant increase

Connectivity

Freshwater Pearl Mussel Distribution Kilometres Maintain at 161km.

Population size Number of adult mussels Restore to 35,000 adult

mussels

Population Percentage per size Restore to least 20% of

Structure: class population no more than

recruitment 65mm in length; and at least

5% of population no more

than 30mm in length

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Species Attribute Measure Target

Population structure: Percentage No more than 5% decline adult mortality from previous number of live adults counted; dead shells less than 1% of the adult population and scattered in distribution

Habitat extent Kilometres Restore suitable habitat in more than 35km (see map 8) and any additional stretches necessary for salmonid spawning

Water quality: Ecological quality ratio Restore water quality‐ macroinvertebrate and (EQR) macroinvertebrates: EQR phytobenthos (diatoms) greater than 0.90; phytobenthos: EQR greater than 0.93

Table 16. QI habitats for which a potential impact has been identified – specific targets

Habitats Attribute Measure Target

Water courses of plain Habitat distribution Occurrence No decline, subject to to montane levels with natural the Ranunculion fluitantis and processes

Callitricho‐Batrachion Hydrological Metres per second Maintain appropriate vegetation regime: river flow hydrological regimes

Hydrological Daily water level Maintain natural tidal regime regime: tidal fluctuations‐ metres

influence

Substratum Millimetres The substratum should be composition: dominated by the particle size range particle size

ranges, appropriate to the

habitat sub‐type (typically

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Habitats Attribute Measure Target

sands, gravels and cobbles)

Water quality: Milligrammes per litre The concentration of

nutrients nutrients in the water column

should be sufficiently low to

prevent changes in species

composition or habitat

condition

Vegetation Occurrence Typical species of the relevant composition: habitat sub‐type typical species should be

present and in good condition

Floodplain Hectares The area of active floodplain connectivity: area at and upstream of the

habitat should be maintained

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6. Assessment of Potential Impacts

All potential impacts relate to potential surface water runoff, the spread of invasive species and disturbance effects during the construction and operational phase. Based on the Managing Natura 2000 Sites: The Provision of Article 6 of the Habitats Directive 92/43/EEC (European Commission (EC), 2018 and CIEEM guidelines ‘Guidelines for Ecological Impact Assessment’ (CIEEM, 2019) impacts are listed as significant using a combination of professional judgement and criteria or standards where available, if impacts have the potential to have a significant impact on the ecological integrity on the habitats and species for which the site is designated.

The potential impacts associated with the proposed development are discussed in the following section with respect to their likelihood to have significant impacts on European sites.

As part of the assessment direct, indirect and in-combination impacts were considered. Direct impacts refer to habitat loss or fragmentation arising from land-take requirements for development. Indirect and secondary impacts do not have a straight-line route between cause and effect, and it is potentially more challenging to ensure that all the possible indirect impacts of the project/plan - in combination with other plans and projects have been established.

Potential impacts were identified as follows:

• Impacts on from habitat loss

• Impacts on water quality

• Impacts from noise and disturbance

• Impacts from the spread of invasive species and biosecurity risks

• In-combination Impacts

6.1 Loss of habitat

6.1.1 Loss of Terrestrial Habitat

Large parts of the proposed development site are located within the Blackwater River (Cork/Waterford) SAC. As noted in Section 4.7.1, no Annex I terrestrial habitats or terrestrial habitats listed as qualifying interests for the Blackwater River (Cork/Waterford) SAC (i.e. Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae), *Taxus baccata woods of the British Isles and Old sessile oak woods with Ilex and Blechnum in British Isles) will be directly or indirectly impacted by the proposed development.

Marginal habitats with overhanging vegetation and reduced flows provide important habitat for qualifying species within the SAC as they provide areas of cover for fish and invertebrates and for Otter. These marginal areas also provide protection from predators and direct sunlight and consequently fish may remain in these areas for extensive periods of time. While some crown reduction may be required in the vicinity of the angling stands, no riparian vegetation will be impacted by the proposed development. The angling stands will be located in the openings of the existing riverbank vegetation to minimise the disruption to the existing riverbank and

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vegetation. With the exception of a small number of trees at the site entrance, i.e. 7 Sycamore and 4 Poplar trees, all trees within the proposed development site will be retained. The landscape plan includes additional planting of native trees, hedgerows and wildflower meadows (Refer to BSM 2021 Part XAB Planning Application Proposed Town Park Works, Mallow, Co, Cork Landscape/Planning Design Report). This is likely to further enhance wildlife habitat within the proposed development. Given the landscaping plans for the site, there will be no loss of riparian vegetation and no impact on qualifying interests (Brook Lamprey, Sea Lamprey, River Lamprey, Atlantic Salmon, White Clawed Crayfish, Freshwater Peal Mussel, and Otter) or their conservation objectives is predicted to occur.

Habitat loss within the SAC will be confined to modified habitats such as amenity grassland. No qualifying terrestrial habitat will be removed as part of the proposed development. The changes to common terrestrial habitats within the proposed development site will not impact on the conservation objectives or the integrity of the Blackwater River (Cork / Waterford) SAC.

6.1.2 Loss of Aquatic Habitat

No aquatic habitats listed on Annex I of the Habitats Directive or habitats listed as qualifying interests for the Blackwater River (Cork/Waterford) SAC occur within the works area. The main channel of the River Blackwater is located outside the proposed development boundary. Two streams pass through the proposed development site i.e., East Baltydaniel Stream and the Spa Glen Stream, before discharging into the Blackwater River (Cork/Waterford) SAC at the southern boundary of the site. While these streams have some potential for common fish species such as trout, they are unlikely to support lamprey species or Atlantic Salmon. No works are proposed within the East Baltydaniel Stream. It is proposed to widen the existing pedestrian bridge over the Spa Glen Stream. The existing bridge is 1665mm wide and the proposal is to add another 1770mm to the bridge width making it 3000mm wide overall. No instream works are required. The proposed construction method allows for the construction without disturbing the existing trunk watermain contained within the existing bridge deck. The bridge abutments will be kept back from the river to ensure no debris enters same. A range of standard mitigation procedures will be employed during construction to minimise the potential for impacts on water quality (Refer to Section 7.2 for further detail).

It is proposed to construct five angling stands on the northern banks of the River Blackwater. These are to be located in the openings of the existing riverbank vegetation. This is to minimise the disruption to the existing riverbank and vegetation. The angling stands will be formed with precast concrete slabs or non-slip decking supported on screw piles and cantilevered reinforced ground beams. This will limit the excavation and works required along the river embankment. No instream works are required for the positioning of the angling stands and there will be no loss of aquatic habitat.

No loss of aquatic habitat loss is predicted to occur, and the proposed development will not result in any loss of qualifying aquatic habitat within the Blackwater River (Cork/Waterford) SAC.

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6.2 Impacts on Water Quality

6.2.1 Impacts on Water Quality during Construction

Potential impacts on aquatic habitats which can arise from surface water emissions associated with the construction phase of the proposed development include increased silt levels in surface water run-off, inadvertent spillages of hydrocarbons from fuel and hydraulic fluid and spillage of cement.

Inadvertent spillages of hydrocarbon and/or other chemical substances during construction could introduce toxic chemicals into the aquatic environment via direct means, surface water run-off or groundwater contamination. Some hydrocarbons exhibit an affinity for sediments and thus become entrapped in deposits from which they are only released by vigorous erosion or turbulence. Oil products may contain various highly toxic substances, such as benzene, toluene, naphthenic acids and xylene which are to some extent soluble in water; these penetrate fish and can have a direct toxic effect. The lighter oil fractions (including kerosene, petrol, benzene, toluene and xylene) are much more toxic to fish than the heavy fractions (heavy paraffins and tars). In the case of turbulent waters, the oil becomes dispersed as droplets into the water. In such cases, the gills of fish can become mechanically contaminated and their respiratory capacity reduced (Svobodova et al, 1993). However, any such spills, in the unlikely event of their occurrence, would be minor in the context of the available dilution in the River Blackwater.

High levels of silt can impact on fish species, in particular salmonids. If of sufficient severity, adult fish could theoretically be affected by increased silt levels as gills may become damaged by exposure to elevated suspended solids levels and aquatic invertebrates may be smothered by excessive deposits of silt. In areas of stony substrate, silt deposits may result in a change in the macro-invertebrate species composition, favouring less diverse assemblages and impacting on sensitive species. Significant impacts on fish stocks could impact on Otter due to a reduction in prey availability.

Silt can be extremely harmful to Freshwater Pearl Mussel. Silt deposition on the riverbed results in formerly clean gravels become clogged with fine sediment. This prevents oxygen movement into the waters in the riverbed (interstitial) that feed the juvenile mussels, and they quickly die. Each time siltation of gravels occurs, all juvenile mussels below five years of age are killed, and in rivers with chronic siltation problems, juvenile recruitment is rare and unsustainable, and existing adult populations face extinction. Fine sediment, once introduced to a pearl mussel river, can continue to cause very serious effects on a long-term basis (Ellis 1936, Marking & Bills 1979, Naden et al. 2003, Araujo & Ramos 2001, Killeen et al. 1998. All referenced in DEHLG, 2010).

Siltation is damaging to all stages of a pearl mussel’s lifecycle. Direct ingestion of silt by adult mussels can lead to rapid death. Turbidity, particularly from fine peat entering the water, causes adult mussels to clam up (they close their shells tightly and do not filter water through their siphons), a response that provides a protection against ingesting damaging fine particles. If the river water remains strongly turbid for a number of days, mussels can die from oxygen starvation, either from remaining clammed, or from ingesting contaminated water while stressed. The fine sediment subsequently provides a medium for macrophyte growth, which makes the riverbed habitat unsuitable for pearl mussels.

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Aquatic plant communities may also be affected by increased siltation. Submerged plants may be stunted, and photosynthesis may be reduced. Such run-off if severe could potentially impact on water quality and thus could impact on aquatic qualifying species and habitats for the Blackwater River (Cork/Waterford) SAC including Freshwater Pearl Mussel, Otter, Sea lamprey, Brook Lamprey, River Lamprey, White clawed Crayfish, Salmon and Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation.

The construction strategy for the proposed development includes measures to minimise the excavation required during works. Several elements of the project including the carparks, skate park and pump track will be laid out following existing ground contours to minimise excavation. The use of a porous carpark surface and associated filter stone will minimise the depth of excavation and extent of ground disturbance associated with standard hard paved carparks, piped gullies and drainage pipe network. Angling stands will use precast material to limit the excavation and works required along the river embankment.

During the construction phase the majority of surface water run-off will be absorbed grasslands within the site. However, due to the location and nature of the development, there is the potential for silt in surface water run-off to impact the River Blackwater. A range of standard mitigation procedures will be employed during construction to minimise the potential for impacts on water quality. Silt fences will be constructed with a series of silt traps installed as required to prevent uncontrolled run-off into the river network. Further details on surface water mitigation measures are included in Section 7.2 of this report.

Following the implementation of mitigation measures there will be no significant effects on water quality during construction and it has been concluded that construction works will not have a significant adverse effect on the conservation objectives for any of qualifying species for Blackwater River (Cork/Waterford) SAC. Surface water runoff during the construction phase. will not have an adverse effect on the integrity of the Blackwater River (Cork/Waterford) SAC.

6.2.2 Impacts on Water Quality during Operational Phase

Chemical contaminants in operational surface water runoff such as hydrocarbons could potentially impact on water quality and thus could impact on qualifying habitats for the Blackwater River. (Cork/Waterford) SAC. The increase in hard surfaces at the site i.e., car parks, road surfaces pathways, pump track and skate park, could increase the rate of runoff into the River Blackwater, which could impact on the hydrological regimes of the river.

The proposed development site is located within Flood Zone A and flooding at the site could further increase the risk of contaminated run-off entering the River Blackwater. According to the DoEHLG (2009), if the development is in Flood Zone A i.e. an area with a high probability of flooding, any projects should:

“avoid development other than ‘water compatible development’ as described in Section 3 of The Planning System and Flood Risk Management Guidelines for Planning Authorities issued in November 2009 by DoEHLG”.

It is noted that the proposed development is a water compatible development i.e., amenity open spaces and outdoor sport and recreation facilities, which is appropriate land use within Flood Zone A. Careful consideration has been given to the design of the proposed works to

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ensure they do not compromise the existing Mallow Flood Defence Scheme. Entrances to the park from Park Road will be ramped to maintain the “partial” flood defence provided under the flood relief scheme. A Flood Risk Assessment which was conducted as part of this application assessed a number of features of the development in the context of potential impact on conveyance (Arup 2021). This included tree planting, landscaping adjacent to Mallow Bridge, proposed angling stands and proposed pedestrian bridge widening. The impact of such measures on flood risk was concluded to be negligible.

The carpark and site wide drainage design is based on Sustainable Drainage Design (SUDS) drainage design which both infiltrates and attenuates the surface water drainage on the site and ensures the storm water runoff from the developed site is restricted to at or below the current undeveloped green field runoff. This attenuation of the storm water runoff will ensure the development of the site does not contribute to the increase flooding risk downstream from the area as the flow is being restricted to greenfield run-off. Hence there will be no increase in the overall discharge from the site as a result of the proposed development.

A number of design measures have been included in the design of the proposed development to ensure that there is no risk to water quality in the River Blackwater during the operational phase. These include the following:

• The proposed development of the various surface facilities including the porous carpark will not change or intensify the current land use or create additional flood risk to the area.

• The proposed carparks and road surfaces are to be constructed with a porous asphalt surface on a free draining stone base build up. The stone base to the carpark area is wrapped in a special ‘Inbitex’ geotextile filter material. The filtration membrane in conjunction with the stone build-up traps and breaks down any hydrocarbons build up within the sub-base by microbial action. The surface water is cleaned and filtered through the Inbitex Geotextile layers.

• The existing playground areas are currently substantially covered in impermeable tarmac surfaces with marginal grass verges around the northwest perimeter of the site. The new proposed grass and play areas to the redeveloped playground will be permeable free draining surface.

• At the skate park, the total proposed new impermeable hard paved surfaces of the park and footpath will be substantially less than the existing impermeable tarmac surface area of the existing playground. This will result in a c.40% reduction in hard surface area. The provision of soakaways and the free draining stone bedding has been made to facilitate additional infiltration of surface water away from the immediate play areas to prevent ponding of same during heavy rainfall.

• At the pump track the mounds and levels will be shaped so water is not trapped around the pump track area and will be free to naturally drain and flow towards the river. The bitumen macadam surface will be laid such that the surface water will run-off and drain locally into the surrounding grass margins.

• At the Grass Pitches, the re-grading and the removal of the grass embankment spectator mounds will also assist in the better drainage and flood flow/release from the

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park. The sub-base to the grass surfaces on pitches will be formed with a ameliorate soil and gravel mix which will aid in the natural drainage of the surfaces into the free draining sandy gravely sub soil which underlies the park area.

• At the grass pitches and temporary carpark area, the area will be natural grass with reinforced polypropylene plastic mesh elements blended with in the soil to from a composite mesh reinforced rootzone capable of taking vehicle loading. The surface will be naturally free draining grass surfaces with equal or better porosity then the existing grass surfaces of the park.

• It is proposed to construct a swale drainage basin in an existing green field area to the southwest of the site just east of Mallow Bridge. The intention of the swale drainage basin is not to prevent flooding but to provide a drainage channel to which surface water from the park and the north west area of the Park Road can be directed and temporarily retained in periods of high river flood before discharged to the river as the flood level recede. The detention basin will have storage capacity is approximately 1450m3. The swale shall be a formed drainage basin channel to the low lying south west area of the park. The base of the channel shall be shaped and graded with a steady fall towards the river to the south west. When not in flood, the proposed swale detention basin will form a dry grass “amphitheatre” with grass meadow planting. The channel shall be pipes thought the raised footpath embankment and discharge on the river side of the embankment via a formed concrete outfall head wall and slip way directly to the river. The piped outfall from the swale detention basin shall be fitted with a Tideflex duckbill non return valve fitted to provide end of pipe backflow prevention and flooding protection to the line.

Based on the above, it can be concluded that flooding and operational surface water runoff at the proposed development site does not pose a risk to local water quality or aquatic ecology. Thus, no impact on the qualifying interests, their conservation objectives or the overall integrity of the Blackwater River (Cork/Waterford) SAC is predicted to occur due to surface water runoff during the operational phase.

6.3 Impacts from noise and disturbance

Part of the proposed development site is located within Blackwater River (Cork/Waterford) SAC. Potentially increased noise and disturbance associated with the site works could cause disturbance/displacement of qualifying species within the Blackwater River (Cork/Waterford) SAC. As noted in section 6.1.2, no works will take place within aquatic habitats and therefore disturbance effects are confined to terrestrial qualifying interests for the Blackwater River (Cork/Waterford) SAC i.e., Otter.

Otter is listed on Annex II of the Habitats Directive and is a conservation objective for the Blackwater River (Cork/Waterford) SAC. Potential impacts could arise due to disturbance of Otter as a result of increased noise and activity during site works. This could potentially lead to changes in feeding behaviour which if of sufficient severity could impact on reproductive success. Disturbance of breeding Otter could also have an impact on overall populations within the Blackwater River (Cork/Waterford) SAC.

Otter is generally considered to be a nocturnal or crepuscular species, i.e. individuals are predominantly active at night, with peaks in activity shortly after dusk at just before dawn

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(Chanin 2003; OPW 2006). Therefore, apart from their breeding and resting sites, Otters are not considered to be sensitive to noise and light impacts during daylight hours. Furthermore, the occurrence of Otters in Irish towns and cities suggests that this species is able to habituate to human activities. Noise/vibration and light arising from construction activities have the potential to cause disturbance to Otters, leading to reduced connectivity between areas upstream and downstream of the proposed development for the duration of the construction phase. Given the nocturnal or crepuscular nature of this species, the significance of any effects resulting from noise and lighting impacts depends on the daily programming and total duration of the construction activities of the construction area. Although no Otter breeding holts were recorded during site surveys, Otter are known to forage along the River Blackwater to the south of the site and could potentially forage in the Spa Glen Stream which flows through the proposed development site.

Screw piling will be used to anchor the angling stands on the boundary of the River Blackwater. This method is low in noise and vibration levels compared to other piling systems. Essentially this method involves simple pipes with screw plates which will be rotated into the soil using a hydraulic unit fixed to a small tracks machine. No significant sources of noise have been identified during the construction phase.

The proposed construction activities will result in an increase in noise and disturbance, however it will not be significant in the context of Otter’s ability to move away from and/or adapt to short-term disturbance. Construction works will take place during normal working hours which will avoid the largely nocturnal foraging habits of Otter. Mitigation measures will ensure that noise levels during construction will be kept to a minimum (Refer to Section 7.4). Any disruption of Otter foraging behaviour will be temporary and slight. Noise will return to previous levels following construction and given there will be no habitat loss, Otters will continue to use the site in the operational phase.

The lighting plan for the proposed development site includes lighting of the parking areas and an existing playing pitch. During operation lighting will be shielded to ensure the light is directed downwards and this will minimise light spillage from outside these areas. There is no lighting proposed for the paths in the vicinity of the River Blackwater or the angling stands on the River Blackwater. The proposed new lighting areas i.e. car park 1 and 2 and at the existing soccer pitch are located over 30m from the riparian woodland. During construction mitigation measures will ensure that light is directed away from the riparian woodland and River Blackwater. This will ensure that there is no light spillage and/or lighting disturbance for Otters within this area.

While the use of the angling stands is likely to increase use of the site on the banks of the River Blackwater, given the location of these sites within an existing urban park setting no significant disturbance impacts are predicted to occur.

Given the temporary nature of the works and the likely success of mitigation measures, no impact on qualifying species due to noise and disturbance is predicted to occur during the construction phase. Likewise given the existing noise environment and the operational lighting design measures, no impact from increased noise and disturbance will occur during the operational phase of the development. Therefore, no impact from the proposed development on the qualifying interests or conservation objectives for the Blackwater River (Cork/Waterford) SAC as a result of noise/disturbance is predicted to occur.

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6.4 Spread of Invasive Species and Biosecurity Risks

There is potential during the construction phase of the proposed works for invasive species to be spread within the Blackwater River (Cork/Waterford) SAC thus impacting negatively on terrestrial habitats.

Japanese Knotweed and Himalayan Balsam were recorded growing within and in close proximity to the development area. The amber listed species Old Man’s Beard was also recorded in close proximity to the works area. These are classified as Amber Threat species by Invasive Species Ireland which under the right ecological conditions may have an impact native species or habitats. Theoretically, the spread of such species could impact on European sites although it is noted that the ecological risk from the spread of Amber listed species is minimal and at a local level these species are common.

An invasive species management plan is attached as Appendix 3. This management plan will include all relevant provisions for site hygiene and appropriate disposal of contaminated soil and subsoil. Overall, no impact on the qualifying interests and conservation objectives for European sites from the spread of invasive species is predicted to occur.

Crayfish plague is listed as one of Ireland’s most invasive species by Invasive Species Ireland. This species is listed by DAISIE as among 100 of the worst invasive species in Europe. All non-native crayfish, which may be carriers of the crayfish plague, are listed on the Third Schedule Part 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 in Ireland. Crayfish occur within the Blackwater system and establishment of the disease crayfish plague can have highly detrimental impacts on this species. Throughout its European range, this species has been decimated by the impact of Crayfish plague disease which spread to Europe with the introduction of the plague carrier North American species of crayfish. Biosecurity protocols will be strictly enforced. While there are no instream works with the potential to spread Crayfish Plague, angling equipment from those using the angling stands during the operational phase could potentially spread this invasive species within the River Blackwater. Mitigation measures outlined in Section 7.6.2 will reduce the potential for spread of Crayfish Plague via angling equipment. Mitigation will include signage at the angling stands with details on how to prevent the spread of Crayfish Plague.

Overall, no impact on the qualifying interests and conservation objectives for European sites from invasive species or biosecurity issues is predicted to occur.

6.5 In-combination impacts

In combination impacts refer to a series of individual impacts that may, in combination, produce a significant impact. The underlying intention of this in combination provision is to take account of in-combination impacts from existing or proposed plans and projects and these will often only occur over time. The proposed works could theoretically create an in- combination impact. Other developments relevant to the proposed development and potential in-combination impacts are listed in Table 17.

The assessment of in-combination effects has considered likely significant effects that may arise during construction and operation of the proposed development. The assessment specifically considered whether any of the permitted or relevant proposed developments in the local or wider area have the potential to exacerbate (i.e. alter the significance of) effects

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associated with the proposed development based on best scientific knowledge. Existing projects, not identified in this report, are included in the baseline or have been assessed as not having the potential to exacerbate effects.

A planning search of Cork County Council planning portal was conducted to identify permitted projects. Projects which, due to their nature or scale were unlikely to result in a in-combination impact, or to which there was no pathway, were excluded. Three projects were identified in the vicinity of the proposed development site which could potentially result in in-combination impacts on the Blackwater River (Cork/Waterford) SAC i.e. Mallow Sewerage Scheme, Dairygold Cooperative Society and Watfore Ltd. These projects and potential in-combination impacts are detailed in Table 17.

Table 17. Other developments near site and potential in-combination impacts

Plans and Projects Key Policies/Issues/Objectives Directly Related to the Conservation of the European Network River Basin The project should comply with the The implementation and Management environmental objectives of the Irish compliance with key environmental Plan 2018- RBMP which are to be achieved generally policies, issues and objectives of 2021 by 2021. this management plan will result in positive in-combination effects to • Ensure full compliance with European sites. The relevant EU legislation implementation of this plan will have • Prevent deterioration a positive impact for the biodiversity. It will not contribute to • Meeting the objectives for in-combination or in-combination designated protected areas impacts with the proposed development. • Protect high status waters

• Implement targeted actions and pilot schemes in focus sub- catchments aimed at: targeting water bodies close to meeting their objective and addressing more complex issues which will build knowledge for the third cycle.

Inland To ensure that Ireland’s fish populations The implementation and Fisheries are managed and protected to ensure compliance with key environmental Ireland their conservation status remains issues and objectives of this Corporate favourable. That they provide a basis for corporate plan will result in positive Plan 2016 - a sustainable world class recreational on-combination effects to European 2020 angling product, and those pristine sites. The implementation of this aquatic habitats are also enjoyed for other corporate plan will have a positive recreational uses. impact for biodiversity of inland fisheries and ecosystems. It will not To develop and improve fish habitats and contribute to in-combination or in- ensure that the conditions required for fish combination impacts with the populations to thrive are sustained and proposed works. protected.

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Plans and Projects Key Policies/Issues/Objectives Directly Related to the Conservation of the European Network To grow the number of anglers and ensure the needs of IFI’s other key stakeholders are being met in a sustainable conservation focused manner.

EU (Quality of Salmonid Waters) Regulations 1988. All works during development and operation of the project must aim to conserve fish and other species of fauna and flora habitat; biodiversity of inland fisheries and ecosystems and protect spawning salmon and trout.

Irish Water Proposals to upgrade and secure water Likely net positive impact due to Capital services and water treatment services water conservation and more Investment countrywide. effective treatment of water. Plan 2014- 2016

Water Irish Water has prepared a Water The WSSP forms the highest tier of Services Services Strategic Plan (WSSP, 2015), asset management plans (Tier 1) Strategic under Section 33 of the Water Service No. which Irish Water prepare and it Plan (WSSP, 2 Act of 2013 to address the delivery of sets the overarching framework for 2015) strategic objectives which will contribute subsequent detailed towards improved water quality and implementation plans (Tier 2) and biodiversity requirements through water services projects (Tier 3). reducing: The WSSP sets out the challenges we face as a country in relation to • Habitat loss and disturbance from the provision of water services and new / upgraded infrastructure; identifies strategic national • Species disturbance; priorities. It includes Irish Water’s short, medium and long-term • Changes to water quality or objectives and identifies strategies quantity; and to achieve these objectives. As such, the plan provides the context • Nutrient enrichment for subsequent detailed /eutrophication. implementation plans (Tier 2) which will document the approach to be used for key water service areas such as water resource management, wastewater compliance and sludge management. The WSSP also sets out the strategic objectives against which the Irish Water Capital Investment Programme is developed. The current version of the CAP outlines the proposals for capital expenditure in terms of upgrades and new builds within the Irish Water owned assets.

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Plans and Projects Key Policies/Issues/Objectives Directly Related to the Conservation of the European Network The overarching strategy was subject to AA and highlighted the need for additional plan/project environmental assessments to be carried out at the tier 2 and tier 3 level. Therefore, no likely significant in-combination effects are envisaged.

WWTP Ballyclough, Ballydesmond, Ballyduff Discharges from municipal WWTPs discharges WWTP, Ballyhooley, Banteer WWTP, are required to meet water quality Boherbue WWTP, , standards. Irish Water Capital , Cecilstown, Clondulane, Investment Plan 2014-2016 and Cullen, Dromahane WWTP, Fermoy 2017 – 2021 proposes to upgrade WWTP, Freemount, Kanturk WWTP, water treatment services Kilbrin, Killavullen WWTP, Kilworth, countrywide. The long-term in- Kiskeam, , Lismore WWTP, combination impact is predicted to Lombardstown, Mallow WWTP, , be negligible. Millstreet WWTP, Nad, Newmarket, Rathcool, Rathmore WWTP

IPPC There are six IPPC Licence holders Discharges from these facilities are Programme discharging directly to the River governed by strict limits to ensure Blackwater SAC i.e. Dairygold, Micam, compliance with quality standards. Road Binders, ALPS Electric Ireland, The long-term in-combination Newmarket Creameries Co-op, Micro-Bio impact is predicted to be negligible. Limited.

Of these only Micro-Bio Limited discharges downstream of the proposed development site.

Quarries Twelve registered quarries occur on the Extractive site that discharges River Blackwater (NS2, 2010). process water into a watercourse requires a discharge licence under Section 4 of the Local Government (Water Pollution) Act 1977. Uncontrolled discharges of polluting matter to such media are an offence under the Act’s Section 3. The long- term in-combination impact is predicted to be negligible

Mallow The alteration of Mallow Sewerage If works are concurrent with the bulk Sewerage Scheme to remove combined sewer excavation works of the proposed Scheme overflows from the network. The development site, there is potential (Ref: 195078) proposed scheme will include: 1. The for in-combination effects, as the alteration of Mallow Wastewater sites are located close to each Treatment Plant to provide for wastewater other. Should this situation arise, treatment capacity for 22,000pe construction activities will be (increased from 18,000pe) at Ballyellis, planned and phased, in Mallow. The WWTP upgrade will consultation with the construction comprise construction of new local management team for the scheme. pumping station, refurbishment/replacement of inlet works,

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Plans and Projects Key Policies/Issues/Objectives Directly Related to the Conservation of the European Network distribution chambers, alteration of Given the implementation of good existing tanks, construction of plinths and practice standard construction kiosks, sludge import acceptance unit, environmental measures and the sludge tanks, chemical storage tanks, CEMP for the proposed associated pumps, replacement of sludge development as detailed, no presses in existing sludge building with significant in-combination effects on centrifuges, all with associated odour the qualifying interests of the control facilities, electrical control panels Blackwater River (Cork/Waterford) and kiosks, standby power generation SAC are predicted to occur. equipment and diesel tank, extensions to existing access roads and all associated site development and site excavation works above and below ground. 2. Construction of a new pump station at Bearforest Lower, Mallow, to transfer flows from the network to the WWTP at Ballyellis. The development will contain a foul sump, storm sump, valve chamber, lifting gantries, access stairs, control house with MV Substation, storm tank, interconnecting pipework and chambers, overflow pipework and chambers from storm tank to river Blackwater, twin rising mains to WWTP at Ballyellis, flow meter chambers, odour control equipment, 2.4m high boundary fence, access gate, access roads, hardstanding areas, landscaping and all associated site development and site excavation works above and below ground. Existing pump station to be decommissioned and above ground structure demolished on completion. 3. Upgrade of sections of the sewer network in Mallow comprising construction of pipelines and chambers in fields, public open spaces, roads and footpaths in the townlands of Ballyellis, Bearforest Lower, Ballydahin, Carhookeal, Quartertown Lower, Castlelands, Mallow, Annabella, Lackanalooha, Kilknockan and Spa Glen. Pipelines will include a crossing of the river Blackwater between Castlelands and Bearforest Lower east of Mallow Bridge. A Natura Impact Statement (NIS) will be submitted to the Planning Authority with this application.

Dairygold Permission to carry out the following If works are concurrent with the bulk Co-Operative works to upgrade their existing waste excavation works of the proposed Society Ltd water treatment plant which serves their development site, there is potential (Ref: 207001) milk processing plant, - , (i) demolish the for in-combination effects, as the two existing concrete circular ADF filter sites are located close to each tanks and replace with a new rectangular other. Should this situation arise, concrete tank, for new biological construction activities will be

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Plans and Projects Key Policies/Issues/Objectives Directly Related to the Conservation of the European Network treatment technology, (ii) new ESB planned and phased, in substation and switchroom and consultation with the construction equipment plinth; (iii) decommission and management team for the scheme. remove the two existing metal clad biotowers and (iv) associated site works. Given the implementation of good This application relates to an practice standard construction establishment which has an Industrial environmental measures and the Emissions Licence (PO403-03). CEMP for the proposed development as detailed, no significant in-combination effects on the qualifying interests of the Blackwater River (Cork/Waterford) SAC are predicted to occur.

Watfore (Ref: Development on a site which will consist If works are concurrent with the bulk 20495) of the demolition of part of the existing Co- excavation works of the proposed Op store, and associated garden centre, development site, there is potential agri store, and delivery yard, and the for in-combination effects, as the provision of an expanded Co-Op store, sites are located close to each and associated part-covered garden other. Should this situation arise, centre, agri store and delivery yard; the construction activities will be refurbishment of Annabella Villas planned and phased, in (Protected Structure Reg Nos. 70-71) consultation with the construction (Unit 1) to provide a restaurant use at management team for the scheme. lower ground floor and ground floor, to include the sale of hot food for Given the implementation of good consumption off the premises, and offices practice standard construction on the first floor and second floor; repair environmental measures and the works to the Coach Houses (Protected CEMP for the proposed structure Reg No. 72); 7no. new units development as detailed, no (Units 2-8) suitable for convenience significant in-combination effects on retail/comparison retail/retail the qualifying interests of the warehousing/restaurant/café use, with Blackwater River (Cork/Waterford) retail use to include the sale of alcohol for SAC are predicted to occur. consumption off the premises, and restaurant/café use to include the sale of hot food for consumption off the premises. A glazed connection, for restaurant use, is proposed between the lower ground floor of Annabella Villas (Protected Structure Reg Nos. 70-71) (Unit 1) and Unit 2. The proposed development also provides for the demolition of part of the boundary wall fronting West End; public realm works on West End; car parking; cycle parking; signage; waste management areas; ESB substation; rooftop plant, including solar panels; and all site development, infrastructural and landscaping works, including modifications to the existing access off Park Road, and improved/new pedestrian

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Plans and Projects Key Policies/Issues/Objectives Directly Related to the Conservation of the European Network connections on West End and Park Road. The northern part of the site is located within an Architectural Conservation Area (ACA-1). An Environmental Impact Assessment Report (EIAR) will be submitted to the Planning Authority with the application. A Natura Impact Statement (NIS) will be submitted to the Planning Authority with the application.

Part 8 – Spa Located to the north of Mallow Town Minor path and landscape House/Tipp Centre and Town Park, the permitted improvement works due for development comprises:- O’Neill Park construction and completion in

Landscape • Alterations to external landscape 2021. Improvement areas and boundaries to Spa No significant in-combination Works House and Tip O’Neill Park to effects on the qualifying interests of enhance and improve public realm, landscape and accessibility; the Blackwater River • Proposed pedestrian crossing to (Cork/Waterford) SAC are improve access between Muddy predicted to occur. Hill /Spa Walk (N72) and main

entrance to Spa House/ Tip O'Neill Park; • Proposed pedestrian zebra crossing with at St. Joseph’s Road with improved footpaths/crossing at Castlepark Entrance; • Supporting locational and wayfinding signage, seating and services; • The proposed development will connect to the existing public water supply, storm sewer, and public utilities; and, • Associated servicing and landscape works.

The proposed works and subsequent discharge could theoretically have in-combination impacts on water quality during construction and operation. Impacts from noise and disturbance during construction and operation could also arise. A range of mitigation measures will be implemented during construction to effectively prevent impacts on water quality during construction. These measures are standard and no impediments to their effective implementation has been identified. The measures to be implemented will effectively prevent any significant discharges of hydrocarbons or excess levels of silt from the individual elements of the project thus ensuring that no in-combination impacts will occur.

In the absence of any significant potential impacts on the on the qualifying interests and conservation interests for the River Blackwater (Cork/Waterford) SAC and in the absence of significant impacts on its overall integrity, no potential in-combination impact from the proposed works has been identified.

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7. Mitigation Measures

7.1 Construction phase mitigation measures

The likely success of the proposed mitigation measures is high. The mitigation measures have been drawn up in line with current best practice and include an avoidance of sensitive habitats at the design stage. It is clear that the mitigation measures are designed to achieve a lowering or reducing of the risk of impact to acceptable levels. The risk that the mitigation measures will not function effectively in preventing significant ecological impacts is low. The following mitigation measures will be implemented.

An outline Preliminary Construction Environmental Management Plan (CEMP) has been produced to accompany the Planning Application (Horgan Lynch 2021). The Construction Environmental Management Plan for the construction phase of the project will be prepared prior to execution of the works and the Preliminary Plan included with this application will form the basis on which the works contractor(s) will be required to prepare the execution plan together with his own Environmental Quality Management Procedures.

The Preliminary CEMP takes account of CIRIA Guidelines C532 Control of Pollution from Construction Sites in its preparation and the execution plan shall be prepared in full compliance with these guidelines. The CEMP also takes account of CIRIA 2010 (Third Edition C692) Environmental Good Practice on Sites CIRIA UK.

The works contractor(s) will be required to designate an Environmental Manager for the project whose duty it will be to identify and monitor all potential environmental impacts. They will be required to monitor and maintain registers for noise and dust impacts and shall be responsible for the integrity of the surrounding lands and their protection from potential impacts of the construction operations. Their responsibilities will include adherence to CIRIA Guide 532.

All individual elements of work shall be covered by full method statements which shall be submitted to IFI and NPWS well in advance of any works proceeding and approved prior to execution.

Construction best practice measures (of relevance in respect of any potential ecological impacts) will be implemented throughout the project, including the preparation and implementation of detailed method statements. The works will incorporate the relevant elements of the guidelines outlined below:

• NRA (2010) Guidelines for the Management of Noxious Weeds and Non- Native Invasive Plant Species on National Roads. National Roads Authority, Dublin.

• Murphy, D. (2004) Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites. Eastern Regional Fisheries Board, Dublin.

• IFI (2016) Guidelines on protection of fisheries during construction Works in and adjacent to waters (IFI, 2016)

• IFI (2021). Planning for watercourses in the urban environment.

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• E. Murnane, A. Heap and A. Swain. (2006) Control of water pollution from linear construction projects. Technical guidance (C648). CIRIA.

• E. Murnane et al., (2006) Control of water pollution from linear construction projects. Site guide (C649). CIRIA.

All personnel involved with the project will receive an on-site induction relating to operations and the environmentally sensitive nature of the proximity the River Blackwater and other watercourses to re-emphasize the precautions that are required as well as the mitigation to be implemented.

The site shall be fully secured at all times and a full health and Safety Management Plan shall be put in place in accordance with current HSA Health and Safety (Construction) Regulations. A site traffic management plan will be submitted for approval prior to commencement.

All personnel involved with the project will receive an on-site induction relating to operations and the environmentally sensitive nature of Natura 2000 sites and to re-emphasize the precautions that are required as well as the precautionary measures to be implemented. All staff and subcontractors have the responsibility to:

• Work to agreed plans, methods and procedures to eliminate and minimise environmental impacts, • Understand the importance of avoiding pollution on-site, including noise and dust, and how to respond in the event of an incident to avoid or limit environmental impact; • Respond in the event of an incident to avoid or limit environmental impact; • Report all incidents immediately to their line manager; • Monitor the workplace for potential environmental risks and alert the immediate line manager if any are observed; and • Co-operate as required, with site inspections.

7.2 Protection of Water Quality

The employment of good construction management practices will minimise the risk of pollution of soil, storm water run-off, seawater or groundwater. The Construction Industry Research and Information Association (CIRIA) in the UK has issued a guidance note on the control and management of water pollution from construction sites, Control of Water Pollution from Construction Sites, guidance for consultants and contractors (Masters-Williams et al 2001).

• Stormwater will be managed carefully during construction. In general, stormwater will be infiltrated to ground via managed gullies/soakaways. Any area used for re-fueling will be paved and bunded or fueling will take place off-site.

• Measures shall be put in place to ensure no run-off from the fill site resulting from rainfall and or construction activities. The most vulnerable element to be protected on the site is the River Blackwater which traverses the site.

• Silt fences shall be constructed with a series of silt traps installed as required to ensure against uncontrolled run-off into the river network. The silt fence shall be as shown in Figure 20 below.

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Figure 20. Silt fence detail | Source Horgan Lynch

• Soil excavation will be completed during dry periods and undertaken with excavators and dump trucks.

• Stockpiles will be graded to a <1:4 profile. Topsoil and subsoils will be stored separately. Stockpiles of mineral soils and peat will be <2m and <1m respectively. Stockpiles will be covered with plastic sheeting during wet weather to prevent run-off of silt and will be located on flat ground. Excavated material will be used for backfill where possible. Surplus material will be removed from site.

• Facilities will be put in place to dampen fill material to prevent airborne dust during periods of dry weather. Baseline dust monitoring will be carried out and monitoring will be carried out with trigger levels put in place to either cease operations or employ damping procedures.

• Topsoil and subsoil shall not be stored on sloped areas of the site where washout could migrate and shall not be stored within 15 metres of the river. Topsoil storage areas shall be enclosed with silt fencing.

• Where existing land drains are encountered they shall be re-established so that the pre-existing hydrological regime is maintained.

• Waste separation shall follow standard construction site protocols.

• Full method statements shall be produced as regards handling and final deposition on site of excavated site materials. These method statements shall propose mitigation measures to address potential environmental issues such as dust, noise, and potential water run-off.

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• A wheel washing facility shall be set up at the site entrance which shall consists of the elements set out in the diagram in Figure 21 below.

Figure 21. Example of wheel washing facility to be provide byut the contractor for the duration of the site works

• Welfare facilities shall be provided in accordance with legal requirements. Sanitary facilities shall have proprietary foul water storage facilities which shall be tankered away on a regular basis. No groundwater contamination will be tolerated.

• Waste material shall be segregated and removed off site to licenced disposal areas

7.3 Management of hydrocarbons and concrete

Oil, petrol and other fuel containers will be double-skinned and bunded to be able to contain 110% volume to guard against potential accidental spills or leakages entering local watercourses linked to the European sites. Bund specification will conform to the current best practice for oil storage such as Enterprise Irelands Best Practice Guidelines. Construction materials will be stored in a secure compound to prevent the potential for vandalism and theft of material.

A hydrocarbon spill kit shall be available on site at all times to deal with any hydrocarbon spill or hydraulic fluid leakage. A detailed spillage procedure will be put in place and all will be trained with respect to the relevant procedures to be undertaken in the event of the release of any sediment, hydrocarbons into a watercourse. Spill kits will be maintained on site and

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relevant staff will be trained in their effective usage. All site personnel will be trained and aware of the appropriate action in the event of an emergency, such as the spillage of potentially polluting substances. In the event of spillage of any polluting substance and/or pollution of a watercourse, Environment Protection Agency, Cork County Council, Inland Fisheries Ireland and the NPWS shall be notified.

All vehicles and plant will be regularly inspected for fuel, oil and hydraulic fluid leaks. Suitable equipment to deal with spills will be maintained on site.

Dedicated fuel storage areas will be introduced on-site or fuelling should take place offsite.

It will be ensured that all staff are trained and follow vehicle cleaning procedures. Post details of the procedures in the work area for easy reference. Use of cleaning chemicals will be minimised.

Machinery including hand-tools will never be washed in watercourses or drainage ditches.

It will be ensured that all areas where liquids are stored or cleaning is carried out are in a designated impermeable area that is isolated from the surrounding area, e.g. by a roll-over bund, raised kerb, ramps or stepped access.

Concrete pouring will not take place during heavy rain when runoff is likely due to excess water. Shuttering will be designed to accommodate small increases in the volume of material contained within the shuttered area due to rainfall. Pre-cast concrete will be used where possible. Raw or uncured waste concrete should be disposed of by removal offsite.

Wash down and washout of concrete transporting vehicles will not be permitted at the location of construction. Such wash down and washout activities will take place at an appropriate facility offsite or at the location where concrete was sourced.

7.4 Lighting

Potentially lighting associated with the site works could cause disturbance/displacement of Otter. If of sufficient severity and duration, there could be impacts on reproductive success.

Site lighting will typically be provided by tower mounted temporary portable construction floodlights. The floodlights will be cowled and angled downwards to minimise spillage to surrounding properties. The following measures will be applied in relation to site lighting:

• Lighting will be provided with the minimum luminosity sufficient for safety and security purposes. Where practicable, precautions will be taken to avoid shadows cast by the site hoarding on surrounding footpaths, roads and amenity areas;

• Lights will be switched off when not in use; and

• Lighting will be positioned and directed so that it does not to unnecessarily intrude on adjacent ecological receptors and structures used by protected species. The primary area of concern is the potential impact on the riparian woodland and the River Blackwater along the southern boundary of the site. There will be no directional lighting focused towards the watercourses or boundary habitats respectively and cowling and focusing lights downwards will minimise light spillage.

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• Works will primarily take place during hours of daylight to minimise disturbance to any nocturnal mammal species.

7.5 Noise

The development site is located in an urban setting in an existing park. Background noise levels are expected to be elevated during daytime hours. The principle sources of noise emissions from the site will be: -

• During the site clearance phase • During excavation works. • General construction activity, including deliveries to / from the site, use of power tools etc. • Screw piling for positioning of angling stands

Best practice noise and vibration control measures will be employed by the contractor. The best practice measures set out in BS 5228 (2009) Parts 1 and 2 will be complied with. This includes guidance on several aspects of construction site environmental measures, including, but not limited to the following:

The potential for any item of plant to generate noise will be assessed prior to the item being brought onto the site. The least noisy item should be selected.

If replacing a noisy item of plant is not a viable or practical option, consideration will be given to noise control “at source”. This refers to the modification of an item of plant or the application of improved sound reduction methods in consultation with the supplier. For example, resonance effects in panel work or cover plates can be reduced through stiffening or application of damping compounds; rattling and grinding noises can often be controlled by fixing resilient materials in between the surfaces in contact.

Mobile plant will be switched off when not in use and will not be left idling.

All items of plant will be subject to regular maintenance. Such maintenance can prevent unnecessary increases in plant noise and can serve to prolong the effectiveness of noise control measures.

7.6 Habitats

All personnel involved with the project will receive an on-site induction relating to operations and the environmentally sensitive nature of Natura 2000 sites and the proximity of aquatic habitats.

The Wildlife Amendment Act 2000 (S.46.1) provides that it is an offence to cut, grub, burn or destroy any vegetation on uncultivated land or such growing in any hedge or ditch from the first of March to the 31st of August. Exemptions include the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided. Nonetheless it is recommended that vegetation be removed outside of the breeding season where possible. In particular, removal during the peak-breeding season (April-June inclusive) should be avoided. Such a timeframe would also minimise the potential disturbance of breeding birds outside of the proposed development site boundary.

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To prevent incidental damage by machinery or by the deposition of spoil during site works, any habitats earmarked for retention in close proximity to the proposed works will be identified and will be securely fenced or sign posted early in the construction phase. These will be clearly visible to machine operators.

All trees/hedgerows to be retained to be protected in accordance with BS 5837:2012, Trees in relation to design, demolition & construction. Prior to the commencement of any work, or any materials being brought on site, existing trees to be retained are to be protected with temporary fencing. This shall be maintained in good and effective condition until the work is completed. Allow for stabiliser struts to secure fence for duration of construction. Fully remove when construction is complete/site demobilised.

The protective fencing is to coincide, as far as is practical, with the root protection area (rpa), unless otherwise agreed. all weather notices shall be securely fixed to the fence words such as 'construction exclusion zone - no access (See Figure 22)

The following measures are particularly important:

• Materials are never to be stacked within the root spread of the tree; • No oil, tar, bitumen, cement or other material is to be allowed to contaminate the ground; • No fires shall be lit beneath or in close proximity to the tree canopy; • Trees to be retained should not be used as anchorages for equipment or for removing stumps • Root Protection Area (RPA) Outside tree canopy dripline roots or other trees, or for other purposes; • No notices, telephone cables or other services should be attached to any part of the tree; • Cement mixing should not be carried out within the canopy/protected area of the tree; • Rails clamped securely to posts • Soil levels are to be maintained as existing within the root spread of the tree. Any alteration to soil levels in an area up to one and a half times the diameter of the tree canopy must be agreed with the ER/Architect.

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Figure 22. Tree protection construction fencing

Habitats that are damaged and disturbed will be left to regenerate naturally or will be rehabilitated and landscaped, as appropriate, once construction is complete. Disturbed areas will be seeded or planted using appropriate native grass or species native to the areas where necessary. A proposed landscape plan outlines the range of species which will be used (Part XAB Planning Application Proposed Town Park Works, Mallow, Co, Cork Landscape/Planning Design Report Brady Shipman Martin 2020). This also notes that plant material must be acclimatised to regional conditions and locally established stock.

To prevent Japanese Knotweed or other invasive species from outside the site being inadvertently being brought in to the site, the contractor will be required to inspect vehicles before using them on site.

If applicable, the supplier of fill will be required to provide a guarantee that the fill to be imported does not contain knotweed. In addition, the fill will be inspected for signs of knotweed, prior to importation to site.

7.7 Otter

No signs of Otter or Otter holts were noted within 150m of the planning boundary, although Otter are known to occur along the River Blackwater. A detailed pre-construction survey will be carried out no more than 10-12 months prior to the commencement of construction works to confirm the absence of Otter holts within 150m of the proposed development area.

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If Otter holts are recorded at that time, a supervising ecologist will determine the appropriate means of minimising effects i.e. avoidance, moving works, timing of works etc. If required the ecologist will obtain a derogation licence from the NPWS, to facilitate licenced exclusion from the breeding or resting site in accordance with a plan approved by the NPWS.

Any holts found to be present will be subject to monitoring and mitigation as set out in the NRA Guidelines for the Treatment of Otter prior to the Construction of National Road Schemes (2006). If found to be inactive, exclusion of holts may be carried out during any season. No wheeled or tracked vehicles (of any kind) will be used within 20m of active, but non-breeding, Otter holts. Light work, such as digging by hand or scrub clearance will also not take place within 15m of such holts, except under licence. The prohibited working area associated with Otter holts will be fenced and appropriate signage erected. Where breeding females and cubs are present no evacuation procedures of any kind will be undertaken until after the Otters have left the holt, as determined by a suitably qualifying ecologist. Breeding may take place at any season, so activity at a holt must be adjudged on a case by case basis. On occasion, Otter holts may be directly affected by the scheme. To ensure the welfare of Otters, they must be evacuated from any holts present prior to any construction works commencing. The exclusion process, if required, involves the installation of one-way gates on the entrances to the holt and a monitoring period of 21 days to ensure the Otters have left the holt prior to removal.

7.8 Invasive species

7.8.1 Invasive Species (terrestrial).

There are a number of management options that may be implemented to control and prevent the spread of invasive species. Detail on these measures are outlined in the Invasive Species Management Plan ISMP (Refer to Appendix 3). It may not be possible to completely eradicate the invasive species before or during the construction phase. However, invasive species mitigation measures will ensure that further spread of these species does not occur and therefore not impact on the conservation objectives of Natura 2000 sites.

Those involved in the application of herbicides/pesticides will be competent to do so and will have sufficient experience and knowledge in the area of herbicides/pesticides application.

All staff involved in the application of herbicides/pesticides will have received appropriate training, which may include achieving competency certification in the safe use of herbicides/pesticides through a National Proficiency Tests Council registered assessment centre or achieving an appropriate FETAC award in this area.

Full details on invasive species control measures are outlined in the ISMP (Appendix 3).

7.8.2 Crayfish Plague

Signage will be erected at each of the angling stands which will include angler’s biosecurity guidelines to prevent the spread of Crayfish Plague as recommended by the NPWS. Further details to be included in signage is shown in Appendix 4.

The following detail will be included on signage:

• NPWS strongly advise that all water users adopt procedures to minimise the risk of further spread of the disease. The single most effective action is to use the Check,

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Clean, Dry protocol this should be done routinely before and after visiting a river or lake. Check, Clean and allow all equipment to thoroughly DRY-out then dry for further 48 hours.

• If drying out equipment is not feasible equipment should be either:

o Power Steam washed at a suitably high temperature (at least above 65 degrees) – use of mobile steam power washers or use of nearby power washers at Service stations as an alternative.

o Disinfect everything using an approved disinfectant such as Milton (follow product label), Virkon Aquatic (3mg/L), Proxitane (30mg/L) or an iodine-based product for 15 minutes. Items difficult to soak can be sprayed or wiped down with disinfectant. Engine coolant water or residual water in boats/kayaks should be drained and where possible flushed out with disinfectant.

• Become familiar with the identification of the native and non-native crayfish: view crayfish identification tips.

• Immediately report all suspected sightings of non-native crayfish or dead native White- clawed Crayfish through the online form or to [email protected] with location coordinates and your contact details. If possible, please supply a photo of the crayfish showing the underside of the claws to aid in verifying the sighting.

• Follow the Crayfish Reporting and Sampling Protocol document updated July, 2019.

• Do not release any non-native crayfish into Ireland’s waters, it is illegal to do so.

• Please circulate this species alert as widely as possible.

8. Conclusions

The AA screening concluded, on the basis of objective information and in view of best scientific knowledge, the possibility of significant effects from the proposed project on European sites could not be ruled out and therefore an Appropriate Assessment was required. The AA screening concluded that there was potential for the proposed development to significantly impact the Blackwater River (Cork/Waterford) SAC, via surface water runoff, disturbance and the spread of invasive species.

The NIS has been prepared to inform and assist to assess, in view of best scientific knowledge, if the proposed development, individually or in combination with another plan or project is likely to have a significant effect on the Blackwater River (Cork/Waterford) SAC or any other European sites.

This NIS has examined and analysed, in light of the best scientific knowledge, with respect to Blackwater River (Cork/Waterford) SAC within the potential zone of influence of the proposed development, the potential effect pathways, how these could impact on qualifying species or habitats and whether the predicted effects would adversely affect the integrity of the Blackwater River (Cork/Waterford) SAC.

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Mitigation measures are set out in Section 7 of the NIS and they ensure that any effects on the conservation objectives of the Blackwater River (Cork/Waterford) SAC will be avoided during the proposed development such that there will be no risk of adverse effects on the integrity of these European sites.

It has been objectively concluded following an examination, analysis and evaluation of the relevant information, including in particular the nature of the predicted effects from the proposed development and with the implementation of the mitigation measures proposed, that the construction, operation and decommissioning of the proposed development will not adversely affect (either directly or indirectly) the integrity of any European site, either alone or in combination with other plans or projects. There is no reasonable scientific doubt in relation to this conclusion. The competent authority will make the final determination in this regard.

9. References

Demers, A. John Lucey, Martin L. McGarrigle and Julian D. Reynolds (2005) The Distribution of the White-Clawed Crayfish, Austropotamobius pallipes, in Ireland

Applications for approval for Local Authority Developments made to An Bord Pleanála under 177AE of the Planning and Development Act, 2000, as amended (Appropriate Assessment): Guidelines for Local Authorities. An Bord Pleanála, Dublin (ABP, 2013).

Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities. Department of the Environment, Heritage and Local Government, Dublin (DEHLG, 2010a);

Appropriate Assessment Screening Report. Proposed Amalgamation of 8 No. Combined Storm Overflows and Upgrade of the Combined Sewer Network at Mallow WWTP (DixonBrosnan, 2016).

CIRIA (2001). Control of water pollution from construction sites. E. Murnane, A. Heap, A. Swain (eds).

CJEU Case C 164/17 Edel Grace Peter Sweetman v An Bord Pleanála

Control of water pollution from Construction Sites – Guidance for consultants and contractors (Ciria C532)”.

Control of Water Pollution from Linear Construction Projects Site Guide” (CIRIA C649, 2006).

Control of Water Pollution from Linear Construction Projects Technical Guidance” (CIRIA C648, 2006)

Cork County Council http://planning.corkcoco.ie/ePlan/SearchTypes accessed 12/05/21

County Cork Biodiversity Action Plan 2009-2014

Department of Environment Heritage and Local Government Circular NPW 1/10 and PSSP 2/10 on Appropriate Assessment under Article 6 of the Habitats Directive – Guidance for Planning Authorities (DEHLG, 2010);

DixonBrosnan 2011a Otter Survey in relation to the Mallow Flood Relief Scheme

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DixonBrosnan, 2011b. Electrofishing survey for lamprey in two minor watercourses as part of the Munster Blackwater River (Mallow South and West) Drainage Scheme

DixonBrosnan, 2018a. Ecological Impact Assessment - Mallow Sewerage Scheme

DixonBrosnan, 2018b. Appropriate Assessment Screening Report Mallow Sewerage Scheme

DixonBrosnan 2019. Bat survey – proposed development of the former walled production gardens of Mallow Castle. On behalf of BSM

Ecofact, 2018 Freshwater Pearl Mussel Survey Blackwater [Munster] River – Mallow

Environmental Protection Agency Ireland (http://www.epa.ie/). Accessed 10/05/21

EPA (2002) Guidelines on the information to be contained in Environmental Impact Statements. Environmental Protection Agency.

EPA (2003) Advice notes on current practice in the preparation of Environmental Impact Statements. Environmental Protection Agency.

EPA (2015) Advice Notes for Preparing Environmental Impact Statements Draft September 2015

EPA (2015) Revised Guidelines on the Information to be Contained in Environmental Impact Statements (Environmental Protection Agency, draft September 2015);

European Commission, 2000. Communication from the Commission on the Precautionary Principle., Office for Official Publications of the European Communities, Luxembourg (EC, 2000a);

European Commission, 2001. Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Articles 6(3) and (4) of the Habitats Directive 92/43/EEC. Office for Official Publications of the European Communities, Brussels (EC, 2001);

Fossitt, J. A. (2000). A Guide to Habitats in Ireland. The Heritage Council of Ireland Series

Gilbert G, Stanbury A and Lewis L (2021), “Birds of Conservation Concern in Ireland 2020 – 2026”. Irish Birds 43: 1-22

Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC – Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the commission; (EC, 2007);

Heritage Council, 2011. Best Practice Guidance for Habitat Survey and Mapping

IEEM (2006) Guidelines for ecological impact assessment in the United Kingdom

IFI, 2016. Guidelines on Protection of Fisheries During Construction Works in and Adjacent to Water”.

Information on the status of EU protected habitats in Ireland (National Parks & Wildlife Service, 2013a & 2013b)

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Interpretation Manual of European Union Habitats. Version EUR 28. European Commission (EC, 2013);

Invasive species Ireland (http://invasivespeciesireland.com/). Accessed 10/05/21

King J. J. and Linnane S. M. (2004) The status and distribution of lamprey and shad in the Slaney and Munster Blackwater SACs. Irish Wildlife Manuals, No. 14. National Parks and Wildlife Service, Department of Environment, Heritage and Local Government, Dublin, Ireland

Maitland, P.S. and R.N. Campbell, 1992. Freshwater fishes of the British Isles. HarperCollins Publishers, London.368 p.

Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC (EC, 2000)

Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC Office for Official Publications of the European Communities, Luxembourg (EC, 2018);

National Biodiversity Data Centre (http://www.biodiversityireland.ie/)

National Parks and Wildlife Service website (www.npws.ie)

NPWS (2007) Allis Shad (Alosa alosa) (1102) & Twaite Shad (Alosa fallax) (1103) Conservation Status Assessment Report. National Parks & Wildlife Service.

NPWS (2012) Conservation Objectives: Blackwater River (Cork/Waterford) SAC 002170. Version 1.0. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht.

NRA (2006). Guidelines for the Treatment of Otter prior to the Construction of National Road Schemes

NS2 (2010) Freshwater Pearl Mussel. Second Draft. Munster Blackwater Sub-basin management plan. Funded by DEHLG. March 2010.

Perrin, P.M.; Daly, O.H. (2010). Provisional inventory of ancient and long‐established woodland in Ireland. Irish Wildlife Manuals No. 46

Reid, N., Hayden, B., Lundy, M.G., Pietravalle, S., McDonald, R.A. & Montgomery, W.I. (2013) National Otter Survey of Ireland 2010/12. Irish Wildlife Manuals No. 76. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland.

Svobodova et al (1993) Water Quality and Fish Health. EIFAC Technical Paper 54. European Inland Fisheries Advisory Commission

Sweeney, N. and Sweeney, P. (2017) Expansion of the White-clawed Crayfish (Austropotamobius pallipes (Lereboullet)) population in the Munster Blackwater. Irish Naturalists’ Journal 35: 94-98.

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Appendices

Appendix 1 – Site synopses

Blackwater River (Cork/Waterford) SAC (Site Code 2170) Site Synopsis

The River Blackwater is one of the largest rivers in Ireland, draining a major part of Co. Cork and five ranges of mountains. In times of heavy rainfall the levels can fluctuate widely by more than 12 feet on the gauge at Careysville. The peaty nature of the terrain in the upper reaches and of some of the tributaries gives the water a pronounced dark colour. The site consists of the freshwater stretches of the River Blackwater as far upstream as Ballydesmond, the tidal stretches as far as Youghal Harbour and many tributaries, the larger of which include the Licky, Bride, Flesk, Chimneyfield, Finisk, Araglin, Awbeg (Buttevant), Clyda, Glen, Allow, Dalua, Brogeen, Rathcool, Finnow, Owentaraglin and Awnaskirtaun. The portions of the Blackwater and its tributaries that fall within this SAC flow through the counties of Kerry, Cork, Limerick, Tipperary and Waterford. Nearby towns include Rathmore, Millstreet, Kanturk, Banteer, Mallow, Buttevant, , , Fermoy, Ballyduff, Rathcormac, Tallow, Lismore, Cappoquin and Youghal.

The site is a Special Area of Conservation (SAC) selected for the following habitats and/or species listed on Annex I / II of the E.U. Habitats Directive (* = priority; numbers in brackets are Natura 2000 codes):

• [1130] Estuaries • [1140] Tidal Mudflats and Sandflats • [1220] Perennial Vegetation of Stony Banks • [1310] Salicornia Mud • [1330] Atlantic Salt Meadows • [1410] Mediterranean Salt Meadows • [3260] Floating River Vegetation • [91A0] Old Oak Woodlands • [91E0] Alluvial Forests* • [1029] Freshwater Pearl Mussel (Margaritifera margaritifera) • [1092] White-clawed Crayfish (Austropotamobius pallipes) • [1095] Sea Lamprey (Petromyzon marinus) • [1096] Brook Lamprey (Lampetra planeri) • [1099] River Lamprey (Lampetra fluviatilis) • [1103] Twaite Shad (Alosa fallax) • [1106] Atlantic Salmon (Salmo salar) • [1355] Otter (Lutra lutra)

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• [1421] Killarney Fern (Trichomanes speciosum)

The conservation objectives for the site are detailed in: NPWS (2012) Conservation Objectives: Blackwater River (Cork/Waterford) SAC 002170, Version 1. NPWS, Department of Arts, Heritage & the Gaeltacht (dated 31 July 2012). The overall aim of the Habitats Directive is to maintain or restore the favourable conservation status of habitats and species of community interest.

The Blackwater rises in boggy land in east Kerry, where Namurian grits and shales build the low heather-covered plateaux. Near Kanturk the plateaux enclose a basin of productive Coal Measures. On leaving the Namurian rocks the Blackwater turns eastwards along the northern slopes of the before entering the narrow limestone strike vale at Mallow. The valley deepens as first the Nagles Mountains and then the Knockmealdowns impinge upon it. Interesting geological features along this stretch of the Blackwater Valley include limestone cliffs and caves near the villages and small towns of Killavullen and Ballyhooly; the Killavullen caves contain fossil material from the end of the glacial period. The associated basic soils in this area support the growth of plant communities which are rare in Cork because in general the county’s rocks are acidic. At Cappoquin the river suddenly turns south and cuts through high ridges of Old Red Sandstone. The Araglin valley is predominantly underlain by sandstone, with limestone occurring in the lower reaches near Fermoy.

Wet woodlands are found where river embankments have broken down and channel edges are subject to daily inundation. This is particularly evident in the steep-sided valley of the , between Cappoquin and Youghal. The river side of the embankments was often used for willow growing in the past (most recently at Cappoquin) so that the channel is lined by narrow woods of White and Almondleaved Willow (Salix alba and S. triandra), with isolated Crack Willow (S. fragilis) and Osier (S. viminalis). Rusty Willow (S. cinerea subsp. oleifolia) spreads naturally into the sites and occasionally, as at on the Blackwater and Sapperton on the Bride, forms woods with a distinctive mix of woodland and marsh plants, including Gypsywort (Lycopus europaeus), Guelder-rose (Viburnum opulus), Bittersweet (Solanum dulcamara) and various mosses and algae. These wet woodlands form one of the most extensive tracts of the wet woodland habitat in the country.

A small stand of Yew (Taxus baccata) woodland occurs within the site. This is on a limestone ridge at Dromana, near Villierstown. While there are some patches of the wood with a canopy of Yew and some very old trees, the quality is generally poor due to the dominance of non-native and invasive species such as Sycamore (Acer pseudoplatanus), Beech (Fagus sylvatica) and Douglas Fir (Pseudotsuga menzsisii). However, it does have the potential to develop into a Yew dominated stand in the long term and the site should continue to be monitored.

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Marshes and reedbeds cover most of the flat areas beside the rivers and often occur in mosaic with the wet woodland. Common Reed (Phragmites australis) is ubiquitous and is harvested for thatching. There is also much Marsh-marigold (Caltha palustris) and, at the edges of the reeds, the Greater and Lesser Pond-sedge (Carex riparia and C. acutiformis). Hemlock Water-dropwort (Oenanthe crocata), Wild Angelica (Angelica sylvestris), Reed Canary-grass (Phalaris arundinacea), Meadowsweet (Filipendula ulmaria), Common Nettle (Urtica dioica), Purple Loosestrife (Lythrum salicaria), Common Valerian (Valeriana officinalis), Water Mint (Mentha aquatica) and Water Forget-me-not (Myosotis scorpioides) are all also found.

At Banteer there are a number of hollows in the sediments of the floodplain where subsidence and subterranean drainage have created isolated wetlands, sunk below the level of the surrounding fields. The water rises and falls in these holes depending on the water table and several different communities have developed on the acidic or neutral sediments. Many of the ponds are ringed with Rusty Willow, rooted in the mineral soils but sometimes collapsed into the water. Beneath the densest stands are woodland herbs like Yellow Pimpernel (Lysimachia nemorum), with locally abundant Common Water-starwort (Callitriche stagnalis) and Marsh Ragwort (Senecio aquaticus). One of the depressions has Silver Birch (Betula pendula), Ash (Fraxinus excelsior), Crab Apple (Malus sylvestris) and a little Pedunculate Oak (Quercus robur) in addition to the willows.

Floating river vegetation is found along much of the freshwater stretches within the site. The species list is quite extensive, with species such as water-crowfoots, including Pond Water-crowfoot (Ranunculus peltatus), Canadian Pondweed (Elodea canadensis), pondweed species, including Broad-leaved Pondweed (Potamogeton natans), water-milfoil species (Myriophyllum spp.), Common Club-rush (Scirpus lacustris), water-starwort species (Callitriche spp.), Lesser Water-parsnip (Berula erecta) particularly on the Awbeg, Water-cress (Nasturtium officinale), Hemlock Waterdropwort, Fine-leaved Water-dropwort (O. aquatica), Common Duckweed (Lemna minor), Yellow Water-lily (Nuphar lutea), Unbranched Bur-reed (Sparganium emersum) and the moss Fontinalis antipyretica all occurring.

The grasslands adjacent to the rivers of the site are generally heavily improved, although liable to flooding in many places. However, fields of more species-rich wet grassland with species such as Yellow Iris (Iris pseudacorus), Meadowsweet, Meadow Buttercup (Ranunculus acris) and rushes (Juncus spp.) occur occasionally. Extensive fields of wet grassland also occur at Annagh Bog on the Awbeg. These fields are dominated by Tufted Hair-grass (Deschampsia cespitosa) and rushes.

The Blackwater Valley has a number of dry woodlands; these have mostly been managed by the estates in which they occur, frequently with the introduction of Beech

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and a few conifers, and sometimes of the invasive species Rhododendron (Rhododendron ponticum) and Cherry Laurel (Prunus laurocerasus). Oak woodland is well developed on sandstone about Ballinatray, with the acid oak woodland community of Holly (Ilex aquifolium), Bilberry (Vaccinium myrtillus), Great Wood-rush (Luzula sylvatica) and the ferns Dryopteris affinis and D. aemula occurring in one place. Irish Spurge (Euphorbia hyberna) continues eastwards on acid rocks from its headquarters to the west, but there are also many plants of richer soils, for example Wood Violet (Viola reichenbachiana), Goldilocks Buttercup (Ranunculus auricomus), Broad-leaved Helleborine (Epipactis helleborine) and Red Campion (Silene dioica). Oak woodland is also found in Rincrew, Carrigane, Glendine, Newport and Dromana. The spread of Rhododendron is locally a problem, as is over-grazing. A few limestone rocks stand over the river in places showing traces of a less acidic woodland type with Ash, False Brome (Brachypodium sylvaticum) and Early-purple Orchid (Orchis mascula).

In the vicinity of Lismore, two deep valleys cut in Old Red Sandstone join to form the Owenashad River before flowing into the Blackwater at Lismore. These valleys retain something close to their original cover of oak with Downy Birch (Betula pubescens), Holly and Hazel (Corylus avellana) also occurring. There has been much planting of Beech (as well as some of coniferous species) among the oak on the shallower slopes and here both Rhododendron and Cherry Laurel have invaded the woodland.

The oak wood community in the Lismore and Glenmore valleys is of the classic upland type, in which some Rowan (Sorbus aucuparia) and Downy Birch occur. Honeysuckle (Lonicera periclymenum) and Ivy (Hedera helix) cover many of the trees while Great Wood-rush, Bluebell (Hyacinthoides non-scripta), Wood-sorrel (Oxalis acetosella) and, locally, Bilberry dominate the ground flora. Ferns present on the site include Hard Fern (Blechnum spicant), Male Fern (Dryopteris filix-mas), the bucklerferns D. dilatata and D. aemula, and Lady Fern (Athyrium felix-femina). There are many mosses present and large species such as Rhytidiadelphus spp., Polytrichum formosum, Mnium hornum and Dicranum spp. are noticeable. The lichen flora is important and includes 'old forest' species which imply a continuity of woodland here since ancient times. Tree Lungwort (Lobaria spp.) is the most conspicuous and is widespread.

The Araglin valley consists predominantly of broadleaved woodland. Oak and Beech are joined by Hazel, Wild Cherry (Prunus avium) and Goat Willow (Salix caprea). The ground flora is relatively rich, with Pignut (Conopodium majus), Ramsons (Allium ursinum), Garlic Mustard (Alliaria petiolata) and Wild Strawberry (Fragaria vesca). The presence of Ivy Broomrape (Orobanche hederae), a local species within Ireland, suggests that the woodland, along with its attendant Ivy, is long established.

Along the lower reaches of the Awbeg River, the valley sides are generally cloaked with mixed deciduous woodland of estate origin. The dominant species is Beech,

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although a range of other species are also present, e.g. Sycamore, Ash and Horsechestnut (Aesculus hippocastanum).

In places the alien invasive species Cherry Laurel dominates the understorey. Parts of the woodlands are more semi-natural in composition, being dominated by Ash, with Hawthorn (Crataegus monogyna) and Spindle (Euonymus europaea) also present. However, the most natural areas of woodland appear to be the wet areas dominated by Alder and willows (Salix spp.). The ground flora of the dry woodland areas features species such as Pignut, Wood Avens (Geum urbanum), Ivy and Soft Shield-fern (Polystichum setiferum), while the ground flora of the wet woodland areas contains characteristic species such as Remote Sedge (Carex remota) and Opposite-leaved Golden-saxifrage (Chrysosplenium oppositifolium). In places along the upper Bride, scrubby, semi-natural deciduous woodland of willow, oak and Rowan occurs, with abundant Great Wood-rush in the ground flora.

The Bunaglanna River passes down a very steep valley, flowing in a north-south direction to meet the Bride River. It flows through blanket bog to heath and then scattered woodland. The higher levels of moisture here enable a vigorous moss and fern community to flourish, along with a well-developed epiphyte community on the tree trunks and branches.

At Banteer a type of wetland occurs near the railway line which offers a complete contrast to the others. Old turf banks are colonised by Royal Fern (Osmunda regalis) and Eared Willow (Salix aurita), and between them there is a sheet of Bottle Sedge (Carex rostrata), Marsh Cinquefoil (Potentilla palustris), Bogbean (Menyanthes trifoliata), Marsh St. John's-wort (Hypericum elodes) and the mosses Sphagnum auriculatum and Aulacomnium palustre. The cover is a scraw (i.e. floating vegetation) with characteristic species like Marsh Willowherb (Epilobium palustre) and Early Marshorchid (Dactylorhiza incarnata).

The soil high up the Lismore valleys and in rocky places is poor in nutrients but it becomes richer where streams enter and also along the valley bottoms. In such sites Wood Speedwell (Veronica montana), Wood Anemone (Anemone nemorosa), Enchanter's-nightshade (Circaea lutetiana), Barren Strawberry (Potentilla sterilis) and shield-fern (Polystichum sp.) occur. There is some Ramsons, Three-nerved Sandwort (Moehringia trinervia) and Early-purple Orchid (Orchis mascula) locally, with Opposite- leaved Golden-saxifrage, Meadowsweet and Bugle (Ajuga reptans) in wet places. A stand of Hazel woodland at the base of the Glenakeeffe valley shows this community well.

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The area has been subject to much tree felling in the recent past and re-sprouting stumps have given rise to areas of bushy Hazel, Holly, Rusty Willow and Downy Birch. The ground in the clearings is heathy with Heather (Calluna vulgaris), Slender St John's-wort (Hypericum pulchrum) and the occasional Broom (Cytisus scoparius) occurring.

The estuary and the habitats within and associated with it form a large component of the site. Very extensive areas of intertidal flats, comprised of substrates ranging from fine, silty mud to coarse sand with pebbles/stones are present. The main expanses occur at the southern end of the site, with the best examples at Kinsalebeg in Co. Waterford, and between Youghal and the main bridge north of it across the river in Co. Cork. Other areas occur along the tributaries of the Licky in east Co. Waterford, and Glendine, Newport, Bride and Killahaly Rivers in Waterford west of the Blackwater. There are also large tracts along the Tourig River in Co. Cork. There are narrow bands of intertidal flats along the main river as far north as Camphire Island. Patches of green filamentous algae (Ulva sp. and Enteromorpha sp.) occur in places, while fucoid algae are common on the more stony flats, even as high upstream as Glenassy or Coneen.

The area of saltmarsh within the site is small. The best examples occur at the mouths of the tributaries and in the townlands of Foxhole and Blackbog. Those found are generally characteristic of Atlantic salt meadows. The species list at Foxhole consists of Common Saltmarsh-grass (Puccinellia maritima), small amounts of Greater Seaspurrey (Spergularia media), glasswort (Salicornia sp.), Sea Arrowgrass (Triglochin maritima), Annual Sea-blite (Suaeda maritima) and Sea Purslane (Halimione portulacoides) - the latter a very recent coloniser. Some Sea Aster (Aster tripolium) occurs, generally with Creeping Bent (Agrostis stolonifera). Sea Couch (Elymus pycnanthus) and small isolated clumps of Sea Club-rush (Scirpus maritimus) are also seen. On the Tourig River additional saltmarsh species found include sea- lavenders (Limoniun spp.), Thrift (Armeria maritima), Red Fescue (Festuca rubra), Common Scurvygrass (Cochlearia officinalis) and Sea Plantain (Plantago maritima). Oraches (Atriplex spp.) are found on channel edges. Species such as Saltmarsh Rush (Juncus gerardi) and Sea Rush (J. maritimus) are found in places in this site also, and are indicative of Mediterranean salt meadows. Areas of Salicornia mud are found at the eastern side of the townland of Foxbole above Youghal, at Blackbog, along the Tourig and Kinsalebeg esturaies.

The shingle spit at Ferrypoint supports a good example of perennial vegetation of stony banks. The spit is composed of small stones and cobbles and has a well- developed and diverse flora. At the lowest part, Sea Beet (Beta vulgaris subsp. maritima), Curled Dock (Rumex crispus) and Yellow Horned-poppy (Glaucium flavum) occur, while at a slightly higher level Sea Mayweed (Matricaria maritima), Cleavers (Galium aparine), Rock Samphire (Crithmum maritimum), Sea Sandwort (Honkenya

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peploides), Spear-leaved Orache (Atriplex prostrata) and Babington’s Orache (A. glabriuscula). Other species present include Sea Rocket (Cakile maritima), Herb- Robert (Geranium robertianum), Red Fescue and Kidney Vetch (Anthyllis vulneraria). The top of the spit is more vegetated and supports lichens and bryophytes, including Tortula ruraliformis and Rhytidiadelphus squarrosus.

The site supports several Red Data Book plant species, i.e. Starved Wood-sedge (Carex depauperata), Killarney Fern (Trichomanes speciosum), Pennyroyal (Mentha pulegium), Bird’s-nest Orchid (Neottia nidus-avis), Golden Dock (Rumex maritimus) and Bird Cherry (Prunus padus). The first three of these are also protected under the Flora (Protection) Order, 2015, while the Killarney Fern is also listed on Annex II of the E.U. Habitats Directive. The following plants, relatively rare nationally, are also found within the site: Toothwort (Lathraea squamaria) - associated with woodlands on the Awbeg and Blackwater; Summer Snowflake (Leucojum aestivum) and Flowering Rush (Butomus umbellatus) on the Blackwater; Common Calamint (Calamintha ascendens), Red Campion, Sand Leek (Allium scorodoprasum) and Wood Club-rush (Scirpus sylvaticus) on the Awbeg.

The site is also important for the presence of several E.U. Habitats Directive Annex II animal species, including Sea Lamprey (Petromyzon marinus), Brook Lamprey (Lampetra planeri), River Lamprey (L. fluviatilis), Twaite Shad (Alosa fallax fallax), Freshwater Pearl Mussel (Margaritifera margaritifera), Otter (Lutra lutra) and Salmon (Salmo salar). The Awbeg supports a population of White-clawed Crayfish (Austropotamobius pallipes). This threatened species has been recorded from a number of locations and its remains are also frequently found in Otter spraints, particularly in the lower reaches of the river. The freshwater stretches of the Blackwater and Bride Rivers are designated salmonid rivers. The Blackwater is noted for its enormous run of salmon over the years. The river is characterised by significant pools, streams, glides, and generally, a good push of water coming through except in very low water. Spring salmon fishing can be carried out as far upstream as Fermoy and is highly regarded especially at Careysville. The Bride, main Blackwater upstream of Fermoy, and some of the tributaries are more associated with grilse fishing.

The site supports many of the mammal species occurring in Ireland. Those which are listed in the Irish Red Data Book include Pine Marten, Badger and Irish Hare. The bat species Natterer’s Bat, Daubenton’s Bat, Whiskered Bat, Brown Long-eared Bat and Pipistrelle, can be seen feeding along the river, roosting under the old bridges and in old buildings.

Common Frog, a Red Data Book species that is also legally protected (Wildlife Act, 1976), occurs throughout the site. The rare bush cricket Metrioptera roselii (Order Orthoptera) has been recorded in the reed/willow vegetation of the river embankment

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on the Lower Blackwater River. The Swan Mussel (Anodonta cygnea), a scarce species nationally, occurs at a few sites along the freshwater stretches of the Blackwater.

Several bird species listed on Annex I of the E.U. Birds Directive are found on the site. Some use it as a staging area, others are vagrants, while others use it more regularly. Internationally important numbers of Whooper Swan (average peak 174, 1994/95- 95/96) and nationally important numbers Bewick's Swan (average peak 5, 1996/97- 2000/01) use the Blackwater Callows. Golden Plover occur in regionally important numbers on the Blackwater estuary (average peak 885, 1984/85-86/87) and on the River Bride (absolute maximum 2,141, 1994/95). Staging Terns visit the site annually, with >300 Sandwich Tern and >200 Arctic/Common Tern (average peak 1974-1994). The site also supports populations of the following: Red Throated Diver, Great Northern Diver, Barnacle Goose, Ruff, Wood Sandpiper and Greenland Whitefronted Goose. Three breeding territories for Peregrine Falcon are known along the Blackwater Valley. This, the Awbeg and the Bride River are also thought to support at least 30 pairs of Kingfisher. Little Egret breed at the site (12 pairs in 1997, 19 pairs in 1998).

The site holds important numbers of wintering waterfowl. Both the Blackwater Callows and the Blackwater Estuary Special Protection Areas (SPAs) hold internationally important numbers of Black-tailed Godwit (average peak 847, 1994/95-95/96 on the callows, average peak 845, 1974/75-93/94 in the estuary). The Blackwater Callows also hold Wigeon (average peak 2,752), Teal (average peak 1,316), Mallard (average peak 427), Shoveler (average peak 28), Lapwing (average peak 880), Curlew (average peak 416) and Black-headed Gull (average peak 396) (counts from 1994/95- 95/96). Numbers of birds using the Blackwater Estuary, given as the mean of the highest monthly maxima over 20 years (1974-94), are Shelduck (137 +10 breeding pairs), Wigeon (780), Teal (280), Mallard (320 + 10 breeding pairs), Goldeneye (11- 97), Oystercatcher (340), Ringed Plover (50 + 4 breeding pairs), Grey Plover (36), Lapwing (1,680), Knot (150), Dunlin (2,293), Snipe (272), Black-tailed Godwit (845), Bar-tailed Godwit (130), Curlew (920), Redshank (340), Turnstone (130), Black- headed Gull (4,000) and Lesser Black-backed Gull (172). The greatest numbers (75%) of the wintering waterfowl of the estuary are located in the Kinsalebeg area on the east of the estuary in Co. Waterford. The remainder are concentrated along the Tourig estuary on the Co. Cork side.

The river and river margins also support many Heron, non-breeding Cormorant and Mute Swan (average peak 53, 1994/95-95/96 in the Blackwater Callows). Heron occurs all along the Bride and Blackwater Rivers: 2 or 3 pairs at Dromana Rock; approximately 25 pairs in the woodland opposite; 8 pairs at Ardsallagh Wood and around 20 pairs at Rincrew Wood have been recorded. Some of these are quite large

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and significant heronries. Significant numbers of Cormorant are found north of the bridge at Youghal and there are some important roosts present at Ardsallagh Wood, downstream of Strancally Castle and at the mouth of the Newport River. Of note are the high numbers of wintering Pochard (e.g. 275 individuals in 1997) found at Ballyhay quarry on the Awbeg, the best site for Pochard in Co. Cork.

Other important species found within the site include Long-eared Owl, which occurs all along the Blackwater River, and Barn Owl, a Red Data Book species, which is found in some old buildings and in Castlehyde, west of Fermoy. Reed Warbler, a scarce breeding species in Ireland, was found for the first time in the site in 1998 at two locations. It is not known whether or not this species breeds on the site, although it breeds nearby to the south of Youghal. Dipper occurs on the rivers.

Land use at the site is mainly centred on agricultural activities. The banks of much of the site and the callows, which extend almost from Fermoy to Cappoquin, are dominated by improved grasslands which are drained and heavily fertilised. These areas are grazed and used for silage production. Slurry is spread over much of this area. Arable crops are also grown. The spreading of slurry and fertiliser poses a threat to the water quality of this salmonid river and to the populations of E.U. Habitats Directive Annex II animal species within it. Many of the woodlands along the rivers belong to old estates and support many non-native species. Little active woodland management occurs. Fishing is a main tourist attraction along stretches of the Blackwater and its tributaries, and there are a number of angler associations, some with a number of beats. Fishing stands and styles have been erected in places. Both commercial and leisure fishing takes place on the rivers. Other recreational activities such as boating, golfing and walking are also popular. Water skiing is carried out at Villierstown. Parts of Doneraile Park and Anne’s Grove are included in the site: both areas are primarily managed for amenity purposes. There is some hunting of game birds and Mink within the site. Ballyhay quarry is still actively quarried for sand and gravel. Several industrial developments, which discharge into the river, border the site.

The main threats to the site and current damaging activities include high inputs of nutrients into the river system from agricultural run-off and several sewage plants, dredging of the upper reaches of the Awbeg, over-grazing within the woodland areas, and invasion by non-native species, for example Rhododendron and Cherry Laurel.

Overall, the River Blackwater is of considerable conservation significance for the occurrence of good examples of habitats and populations of plant and animal species that are listed on Annexes I and II of the E.U. Habitats Directive respectively. Furthermore, it is of high conservation value for the populations of bird species that use it. Two Special Protection Areas, designated under the E.U. Birds Directive, are also located within the site - Blackwater Callows and Blackwater Estuary. Additionally,

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the importance of the site is enhanced by the presence of a suite of uncommon plant species.

Kilcolman Bog SPA (Site code 004095)

Kilcolman Bog is situated on the southern foothills of the Ballyhoura Mountains in Co. Cork. It occupies a glacially eroded hollow in Carboniferous limestone. The site comprises a quaking fen fed by calcareous groundwater, with areas of reed swamp, freshwater marsh and wet grassland. The reed swamp is made up of Bottle Sedge (Carex rostrata) and Water Horsetail (Equisetum fluviatile) with some Bulrush (Typha latifolia). This grades into stands of Bogbean (Menyanthes trifoliata) and Marsh Cinquefoil (Potentilla palustris) with many associated species including Ragged-Robin (Lychnis flos-cuculi), Marsh Willowherb (Epilobium palustre) and Greater Spearwort (Ranunculus lingua). There is a small permanent lake but in winter a large flooded area is usual.

This site is a Special Protection Area (SPA) under the E.U. Birds Directive, of special conservation for the following species: Whooper Swan, Teal and Shoveler. The E.U. Birds Directive pays particular attention to wetlands and, as these form part of this SPA, the site and its associated waterbirds are of special conservation interest for Wetland & Waterbirds.

Kilcolman Bog is an important site for wintering waterfowl, with nationally important populations of Whooper Swan (95), Teal (690) and Shoveler (150) – all figures are mean peaks for the 5 year period 1995/96-1999/2000. The Shoveler population is of particular note as it comprises 5% of the national total. Other species that occur include Wigeon (590), Mallard (188), Pintail (4), Pochard (39), Tufted Duck (27), Little Grebe (14), Coot (98), Golden Plover (162) and Lapwing (740). In the past very small numbers of Greenland White-fronted Goose (1-5) were recorded at the site but not in recent years. Gulls are also winter visitors, mainly Black-headed Gull (133) and Lesser Black-backed Gull (131).

Breeding birds include Little Grebe, Mute Swan, Coot and, on occasions, Shoveler. A population of feral Greylag Goose uses the site.

Kilcolman Bog is a privately-owned Nature Reserve and Wildfowl Sanctuary that has been managed for conservation since the 1970s. Management includes control of the water levels and supplementary feeding of the waterfowl during hard weather. The bird populations have been intensively monitored since the 1970s.

The site is of ornithological interest because it supports nationally important numbers of three species. Of particular note is the regular presence of Whooper Swan and Golden Plover, two species that are listed on Annex I of the E.U. Birds Directive. The site is notable as being one of the few sites in the country where almost daily observations have been made over a long period.

Blackwater Callows SPA (Site Code 004094)

The Blackwater Callows SPA comprises the stretch of the River Blackwater that runs in a west to east direction between Fermoy and Lismore in Counties Cork and Waterford, a distance of almost 25 km. The site includes the river channel and strips of seasonally-flooded grassland within the flood plain. Sandstone ridges, which run parallel to the river, confine the area of flooding to a relatively narrow corridor.

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The river channel has a well-developed aquatic plant community, which includes such species as Pond Water-crowfoot (Ranunculus peltatus), Canadian Pondweed (Elodea canadensis) and a variety of pondweeds (Potamogeton spp.), water-milfoils (Myriophyllum spp.) and water- starworts (Callitriche spp.).

The site is a Special Protection Area (SPA) under the E.U. Birds Directive, of special conservation interest for the following species: Whooper Swan, Wigeon, Teal and Black-tailed Godwit. The E.U. Birds Directive pays particular attention to wetlands and, as these form part of this SPA, the site and its associated waterbirds are of special conservation interest for Wetland & Waterbirds.

The site is of high ornithological interest on account of its wintering waterfowl populations. Whooper Swan occurs in numbers of international importance (212) - all figures are mean peaks for the five winters 1995/96 to 1999/2000. Bewick’s Swan were regularly recorded at the site up to the mid-1990s; however, in the winters of 1997/98 and 1998/99 only four and two individuals respectively were recorded, and the species is no longer considered to be a regular visitor. This decline is in line with a national decrease and a marked contraction in range. The site supports nationally important populations of Wigeon (2,313), Teal (898) and Black-tailed Godwit (251). Other wintering species that occur include Mallard (398) Shoveler (26), Lapwing (191), Curlew (457) and Black-headed Gull (311).

Little Egret uses the site throughout the year as there is a nearby breeding colony downstream. The river system provides an important feeding area for these birds.

The Blackwater Callows SPA is of importance for its populations of wintering waterfowl, including an internationally important population of Whooper Swan and nationally important populations of Wigeon, Teal and Black-tailed Godwit. The presence of Whooper Swan, as well as Little Egret, is of particular note as these species are listed on Annex I of the E.U. Birds Directive. Part of the Blackwater Callows SPA is a Wildfowl Sanctuary.

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Appendix 2. Site Photographs

1. Amenity Grassland on the western-most end of the site, looking east, just under the viaduct.

2. Riparian woodland with drainage ditch, close to where the Spa Glen Stream joins the river

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3. Treeline with riparian woodland behind, on the southern path east of the bridge.

4. Immature Woodland, with planted trees, between the north and south paths in the area labelled as Castlepark on the map, looking southwest

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5. The treeline bordering the northern path, close to the north-east end of the site, looking west

6. Location of Angling Site no 1.

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7. Angling Site no 2.

8. Angling Site no 3. (approx.)

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9. Angling Site no 4. Next to no 3, with a patch of Japanese Knotweed.

10. Site no 5. (approx.)

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Appendix 3. Invasive Species Management Plant (ISMP)

See attached ISMP report which accompanies the application.

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Appendix 4. Crayfish Plague Biosecurity Protocols

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