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1. Aileen Fitzharris, Higher Executive Officer 2. Eamonn Foley, Assistant

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1. Aileen Fitzharris, Higher Executive Officer 2. Eamonn Foley, Assistant 1. Aileen Fitzharris, Higher Executive Officer 2. Eamonn Foley, Assistant Principal 3. Nina Murray, Principal 4. Runaí Aire Stait FORESHORE LICENCE APPLICATION FOR Kerry Coco Maintenance Dredging and Disposal at Sea, Fenit Harbour, Co Kerry (FS007041) Kerry County Council has submitted an application for a Foreshore Licence for a term of eight (8) years under Section 3 of the Foreshore Act 1933 to carry out Maintenance dredging and disposal at sea from Fenit harbour and marina. This is a recurring activity to allow for the safe use of Fenit Harbour. The application included a Natura Impact statement which has been considered as part of the assessment process for this application. Proposed Works: The proposed works that are the subject of the licence application are essentially for the maintenance dredging and disposal at sea of approximately 1,000,000 tonnes of dredged material from Fenit harbour and marina. The dredging is for the purposes of maintenance of the design and operational depths within the harbour and marina in order to facilitate safe navigation and berthing of vessels. Duration of works: Annually for a period of eight (8) years commencing between February and May 2021. It is envisaged that the dredging and disposal campaigns will be undertaken over 4-6 weeks annually between February and May. Location of works: The dredging will take place within the confines of Fenit harbour and entry shipping channel to the dock. The dredged material will be deposited at a proposed dump site in the outer Tralee Bay approximately 1.5km northwest of Fenit Island approximately 3km west of the coast at Carrahane Lower townland Public Consultation: Public notices concerning this application were published in the ‘Kerryman’ and the ‘Irish Independent’ informing the public of where the application and attendant docs was available for public inspection and of a consultation period which was held for this application from 19th Feb 2020 to 20th March 2020. No submissions were received in response to this consultation process. Prescribed Bodies Consultation: Observations on the project were sought and received from the following bodies: Marine Institute Water and Marine Engineer Inland Fisheries Ireland (IFI) Response Marine Survey Office Department of Agriculture, Food and the Marine (DAFM) Department of Culture Heritage and the Gaeltacht (DCHG) Detailed responses to the prescribed bodies submissions were received from the applicant and these have been considered as part of the overall assessment of the proposed application. It is considered that the recommendations submitted by the prescribed bodies can be included by way of appropriate conditions attached to any licence approved on foot of this application. Environmental Considerations and assessments: Independent assessment by suitably qualified individuals was undertaken to fully and comprehensively consider and determine the possible environmental effects of the proposed activities which is the subject of this application. Three reports, ‘Environmental Impact assessment technical review’ by RPS- 25th January 2021, ‘Appropriate Assessment Screening technical review by RPS-25th January 2021 and Appropriate Assessment report’ by RPS- 25th January 2021 set out in detail the environmental considerations and assessments which have been undertaken in assessing this application. They are attached to this report and form part of the assessment which informs the final recommendation of this report. Below sets out briefly the conclusions of the environmental assessments: Screening to comply with the EIA Directive As stated above the requirement or not of proposal to be the subject of Environmental Impact Assessment has been considered, the detailed report on this matter forms part of the documentation which has informed the recommendation on the proposed activities, the subject of this application. Following extensive consideration which is considered to be reasonable and robust, it is considered that given the nature, scale and location of the proposed development is such that there is sufficient evidence has been provided in the application documentation and it can be determined that the project will have no likely significant effects on the environment. Therefore, an Environmental Impact Assessment of the project is not required. This conclusion has been made by reference to the Annex II and Annex III criteria as set out in the EIA Directive. It is concluded that an EIA is not required and is screened out. Appropriate Assessment Screening As stated above the requirement for compliance with the Habitats directive has been considered, the detailed report on this matter forms part of the documentation which has informed the recommendation on the proposed activities, the subject of this application. Following consideration by independent technical environmental consultants, regarding compliance with Stage one appropriate assessment, it was considered that the requirement for an appropriate assessment cannot be screened out, as further consideration would be required to ascertain possible impacts on a number of protected sites and a stage two appropriate assessment be undertaken. This is considered to be prudent, reasonable and in accordance with the complying with the habitats directive. Appropriate assessment conclusions. An NIS report was prepared and submitted for consideration as part of this application. This report has been considered in detail by the independent environmental technical consultants retained to advise the Department on the environmental aspects of this particular application. Their report has been considered and is included as part of the documentation forming this report. The report states as part of its conclusions that ‘it can be concluded beyond reasonable scientific doubt that the proposed Fenit Harbour and Marina Dredge and Disposal Campaign, individually or in combination with other plans or projects would not have adverse effects on the integrity of the following European sites: • Tralee Bay and Magharees Peninsula, West to Cloghane SAC; • Tralee Bay Complex SPA; • Magharee Islands SAC; • Magharee Islands SPA; and • Lower River Shannon SAC. ‘ In view of the considerable environmental assessments carried out by appropriately qualified individuals regarding consideration of the environmental implications of this application, it is considered that the proposal contained in this application will unlikely to have significant effects on protected sites and would be considered to be in compliance with the requirements of environmental directives. Separately an Article 12 of the Habitats directive assessment has been carried by independent environmental consultants for the Department. It is concluded that the proposed surveys will not give rise to significant impacts to species listed under Annex IV of the Habitats Directive. Overall Environmental conclusions: In overall conclusion with respect to the environmental considerations arising from the obligations of the relevant environmental directives it is considered that the environmental information submitted as part of this application is robust and sufficient to conclude that the proposed activities made as part of this application will, subject to compliance with proposed mitigation measures, be unlikely to have significant impact on the environment. MLVC Assessment Conclusions: The following documents were considered and assessed: Application Form – Tab 1 Foreshore Licence Map – Tab 2 Licence Map, indicative site investigation locations and coordinates – Tab 3 Supplementary information and Supporting Documents submitted with the application, including NIS report – Tab 4 Written submissions received under the Prescribed Body Consultations – Tab 5 The applicant’s written responses to the Prescribed Bodies submissions – Tab 6 Appropriate Assessment Screening and Appropriate Assessment report and EIA screening report prepared by RPS for the Department - Tab 7 The above documentation has been considered. Submissions by the prescribed bodies have also been considered and responded to both by submission of response from the applicant and by way of attached conditions. Significant appropriate consideration has been given to environmental matters by independent advisers and the MLVC has concluded that there is unlikely to be significant effects on the environment and protected environmental habitats – Tab 8 This application relates solely to maintenance dredging of an active port that has important role in the marine economy of County Kerry. In particular it is noted that the port functions as a loading point for heavy machinery constructed in Kerry which would not be feasible to transport by road or rail. In view of the requirement to allow for the continued operation of this active port, it is considered reasonable and prudent to allow for the dredging and attendant activities to take place as outlined in the application. Financial Considerations: Kerry County Council has accepted the licence fee of €950.00. Kerry County Council has agreed to the specific conditions that would be attached to the licence, if granted – Tab 9 It is recommended that a foreshore licence be granted subject to the conditions recommended by the MLVC and the licence fee set out above. Notification of Minister’s Determination: If approval is granted by the Minister, Kerry County Council will be informed accordingly, an appropriate licence will issue for execution and a Notice of Determination regarding the decision (including the
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