1 Introduction

Home , Donegal (town), Doochary, Kilmacrennan, Ramelton, Rathmullan, Termon

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

1 INTRODUCTION

1.1 Background

Irish Water is proposing to upgrade the existing sewerage schemes in Ramelton, Milford and Rathmullan, Co. Donegal. These upgrade works include construction of main pumping stations with storm water storage and associated rising mains in Ramelton, Milford and Rathmullan and the construction of a new Ramelton-Milford-Rathmullan WwTP in the townland of Tirroddy, Ramelton.

Woodrow Sustainable Solutions Ltd. (“Woodrow”) was commissioned by Irish Water to carry out an Ecological Impact Assessment (EcIA) of the proposed upgrade to the Ramelton-Milford-Rathmullan (RMR) Sewerage Scheme in Co. Donegal.

The proposed RMR WwTP and associated infrastructure aims to bring waste water treatment benefits to Rathmullan, Milford and Ramelton and surrounding areas by ending the unacceptable practice of discharging untreated wastewater (from an outdated and over capacity system) into the Leannan Estuary, Lough Swilly and Maggy’s Burn. This includes creating a cleaner water environment than that of the current situation, which aims to enhance the areas' amenity value, particularly in Rathmullan, by contributing towards restoring the Blue Flag status of Rathmullan Beach. Through the intended water quality improvements, it is anticipated that overall water quality of the area will be significantly improved, in addition to the enhancement of water quality within a designated Salmonid Water, Maggy’s Burn, into which the existing over capacity Milford WwTP discharges (which then flows into Lough Fern, downstream of that site). The scheme will remove this overcapacity WwTP sewage discharge into Maggy’s Burn, diverting this instead to the proposed new RMR WwTP in Tirroddy. 1.2 Overview of Application and Requirements for Ecological Impact Assessment (EcIA)

1.2.1 Location of the Application Site It is proposed that a new Wastewater Treatment Plant (WwTP) shall be constructed at Tirroddy, Ramelton, Co. Donegal (National Grid Reference (NGR): C 24241 24489, ITM: 624190, 924497). This shall be connected to the proposed Milford Main Pumping Station (MPS) (NGR: C 19228 26495, ITM: 619177, 926502) via a 200mm Rising Main which will extend to a newly proposed Main Pumping Station at Ramelton (NGR: C 22933 21333, ITM: 622881, 921340) via a 200mm Rising Main proposed to cross the Leannan Estuary between Bridge End and Rossreagh. The Proposed RMR WwTP Site will also connect to two Proposed Pumping Stations (PS) at Rathmullan via 200mm Rising Main (Rathmullan PS No. 1 at NGR: C 29467 27453, ITM: 629415, 927460 and Rathmullan MPS No. 2 at NGR: C 29792 27565, ITM: 629740, 927572). The proposed new outfall pipeline for the RMR WwTP is planned to discharge into the Ramelton channel within the Leannan Estuary near Tirroddy Point (at approximate NGR: C 24601 23208, ITM: 624550, 923215). The scheme exists within and adjacent to the Lough Swilly Estuary, which is covered by two European Site Designations as a Special Area of Conservation (SAC) for habitats and species, and a Special Protection Area (SPA) for the protection of birds.

Ramelton is a small rural town approximately 11km north of Letterkenny and approximately 7km south east of Milford on the western shores of Lough Swilly. The wastewater collection network in Ramelton is predominantly a combined system. The town’s core gravity collection network dates from the 1960s, and has been extended over the years to serve new residential developments. The newer extensions were designed to carry only foul water. There is currently no wastewater treatment plant (WwTP) in Ramelton. The wastewater collection network terminates in a 300mm trunk sewer, upstream of which is a ‘tank

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme sewer’ (with dimensions of approximately 40m long x 1.6m wide and 1.9m high) from where unscreened and untreated wastewater discharges on an outgoing tide to the Ramelton channel in the Leannan estuary (at the mouth of the Leannan River), in Lough Swilly. There is one storm water overflow at the Mall that discharges unscreened and untreated wastewater into the tidal reaches of the River Leannan.

Milford is a small rural town approximately 20km north of Letterkenny. The catchment is principally residential with no significant industrial presence. The wastewater collection network is predominantly a combined system. The existing Milford WwTP was commissioned in 1978. The existing plant is designed for a Dry Weather Flow of circa 230m3/d or 2.66l/s (based on an estimated design capacity of 920 p.e.). The Milford plant is significantly overloaded. Treated effluent from the WwTP discharges into Maggy's Burn.

Rathmullan is a small seaside town on the Fanad Peninsula. It is situated on the western shore of Lough Swilly, approximately 22km to the northeast of Letterkenny. A sewerage network and two septic tanks currently serve the village of Rathmullan. Septic Tank No. 1 is located 80m west of Hill Head on the foreshore of the Upper Harbour, adjacent to the Main Street / Pound Street junction. Septic Tank No. 2 is located in Abbey View Housing Estate, 240m east of Hill Head and 50m from the foreshore of the Lower Harbour. Treated effluent from the septic tanks discharges into Lough Swilly via two outfalls.

Preliminary Reports reviewing the sewer collection and treatment system in the towns of Ramelton, Milford and Rathmullan concluded that the lack of treatment of wastewater within the Ramelton catchment, Milford catchment and Rathmullan catchment is no longer satisfactory and in order to meet relevant statutory legislation, planning policies and environmental designations, appropriate treatment of the wastewater from these catchments is required. It is proposed that wastewater from the agglomerations of Ramelton, Milford and Rathmullan collectively be treated at a new plant in the townland of Tirroddy north, north east of Ramelton, with discharge of the treated effluent to an outfall in the Leannan Estuary (Source: Jennings O’Donovan).

The area is characterised by undulating agricultural lands crisscrossed by valleys formed by streams and rivers rising in higher inland areas, flowing over rolling more fertile agricultural lands towards the silty coastal edge of Lough Swilly. Native and long-established woodland are evident throughout this landscape, including substantial wooded areas outside Ramelton, alongside the estuary at Brownknowe, and in addition, the National Parks and Wildlife Service (NPWS) own and manage a large woodland known as ‘Rathmullan Wood Nature Reserve’ situated alongside the R247 at Carraleena, Rathmullan. Isolated conifer plantations are sparingly located on higher lands within this area, one of which is now the proposed location for the RMR WwTP at Tirroddy.

According to the Environmental Protection Agency (EPA) online mapping, the Application Site lies within an area of ‘Moderate’, ‘High’ and ‘Extreme’ GSI Vulnerability, with ‘rock at or near the surface’. This indicates parts of the area has a higher risk of potential groundwater contamination in the event of a pollution incident occurring. The aquifer at the Application Site is classified as “Pl – Poor Aquifer – Bedrock which is generally unproductive except for local zones)” according to the EPA1. This means that this site lies within an area that supports an “Aquifer with a limited and relatively poorly connected network of fractures, fissures and joints, giving a low fissure permeability which tends to decrease further with depth… Due to the low permeability and poor storage capacity, the aquifer has a low ‘recharge acceptance’. Some recharge in the upper, more fractured/weathered zone is likely to flow along the

1 Source: Environmental Protection Agency (EPA) Sewage Treatment Maps https://gis.epa.ie/EPAMaps/SewageTreatment?s=S (Accessed January 2020)

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme relatively short flow paths and rapidly discharge to streams, small springs and seeps. Groundwater discharge to streams (‘baseflow’) can significantly decrease in the drier summer months. This aquifer is Similar to a ‘Locally Important Bedrock Aquifer, Moderately Productive only in Local Zones (Ll)’, but with fewer and more poorly-connected fractures, fissures and joints, and with less permeable and/or more limited zones of higher permeability. Overall permeability, storage capacity, recharge acceptance, length of flow path and baseflow are likely to be less than in Ll aquifers.”2 This indicates that the risk of potential contamination of surface water in the area is considered to be higher in the event of a pollution incident, given the hydrological environment here.

1.2.2 Description of the Proposed Development The proposed RMR Scheme is a major wastewater infrastructure scheme covering an extensive area between and including the three towns of Ramelton, Milford and Rathmullan. The Project Design Engineer for the scheme is Jennings O’Donovan (JOD).

Works within the project footprint will be carried out within a number of different habitat types. The Rising Main works are largely confined within existing roads, apart from the significant in-estuary marine works to cross the Leannan Estuary in Lough Swilly and reach the proposed Ramelton PS, and at connection points to the 4 no. PS locations. The WwTP site is proposed to occur at a second rotation conifer plantation in the vicinity of Tirroddy, while the Outfall is proposed to run down an existing road, cross over agricultural land and discharge within the Ramelton Channel within the estuary at Tirroddy (approximately 500m west of Tirroddy Point).

The majority of the pipeline will be laid within the existing hardstand of local roads (c. 18km). Importantly for this Ecological Impact Assessment, the proposed pipeline will not affect road margins (Pers. Comm. JOD)3 except for minor incusions at Ballyboe Bridge and 7 no. Vent Stack Locations, which will not impact upon trees or hedgerows. As such, the extensive habitats alongside the proposed Rising Main pipeline including amenity and rough grassland road verges, hedgerows, mature and immature standalone trees, tree lines, woodland, scrub, ornamental shrubs and buildings will remain in situ and will not be directly impacted by these works. Areas where scrub and/hedgerow will be directly affected by the proposed RMR Sewerage Scheme are described fully within this report and have been established as including the below:

 Removal of c. 3.76ha of scrub, sapling and tree stump removal at the WwTP Site [NGR: C 24254 24480];  Removal of c. 10m x 80m section of scrub along Ramelton Rising Main [NGR: C 22664 21619];  Removal of c. 10m x 60m section of bramble scrub along Ramelton Rising Main [NGR: C 22741 21552];  Removal of c. 10m x 2m section of hedgerow along Ramelton Rising Main [NGR: C 22780 21541];  Removal of c. 10m x 4m section of hawthorn trees along Ramelton Rising Main [NGR: C 22814 21477];

2 Source: Geological Survey Ireland (GSI) https://www.gsi.ie/documents/GSI%20Aquifer%20Category%20Descriptions.pdf (Accessed January 2020) 3 Minor verge inclursions: Exceptions include pipe laid in verge at Ballyboe Bridge Crossing at Chainage 3100m on Rathmullan Rising Main and at a maximum of 7 No. vent stack locations. Vent stacks will be supported by a 900mm x 900mm x 900mm cast in- situ concrete base.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

 Removal of c. 35m x 30m section of scrub and saplings at Ramelton Pumping Station (PS) [NGR: C 22934 21352];  Removal of c. 10m x 3m section of hedgerow / scrub along the Outfall pipeline [NGR: C 24410 23803];  Removal of c. 10m x 3m section of hedgerow along the Outfall pipeline [NGR: C 24421 23741];  Removal of c. 150m2 of scrub and immature sycamore at Rathmullan Pumping Station No. 1 [NGR: C 29465 27455]; and,  Removal of c. 600m² of parkland and scattered trees at Rathmullan Main Pumping Station No. 2 [NGR: C 29788 27564].

There will also be some permanent and temporary losses of habitat within the footprint of the MPS, WwTP and Outfall works:  At the proposed Leannan Estuary crossing for the Rising Main within Lough Swilly SAC and SPA (from Rossreagh to the proposed Ramelton Main Pumping Station);  At the proposed locations for all MPS Sites at Ramelton, Milford and two locations in Rathmullan (PS No. 1 in Rathmullan lies partially within the boundary of the Lough Swilly SAC and SPA);  At the site of the proposed RMR WwTP (as outlined above); and,  At the proposed Site for the WwTP Outfall within Lough Swilly SAC and SPA.

Notwithstanding the above, this Ecological Impact Assessment also takes into full consideration the potential for indirect impacts upon habitats within the environs of the proposed Scheme, during and post- construction (throughout operation).

As described by JOD, the proposed development can be split into 5 no. main components (see Table 1 below). All components of the RMR Sewerage Scheme are assessed within this report as a whole, and have been considered in combination with other plans and projects in the area. The main objectives of the project are as follows:

 Eliminate the discharging of untreated wastewater to the Leannan Estuary at Ramelton;  Remove the overloaded WwTP at Milford and subsequently negate this discharge to Maggy’s Burn;  Eliminate the discharging of untreated wastewater to the Swilly Estuary at Rathmullan; and,  Comply with the current EPA WwDLs for Ramelton, Milford and Rathmullan.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

Table 1 - The main components of the RMR Sewerage Scheme (Sources of information: JOD and Irish Water) No. Component Description Brief description of proposed activities

1 Ramelton Main Pumping Station “Ramelton – construct a new 2,000 p.e. main pumping station incorporating flood protection measures, (MPS), Rising Main and Network access road, pumphouse building, chemical dosing facilities, odour control and stormwater storage tank; Upgrades construct approximately 5,045m of 200mm outer diameter rising main connecting the pumping station to the WwTP at Tirroddy laid predominately in road/verge but including approximately 260m directional drilled or

open cut section crossing the Leannan Estuary; upgrade approximately 730m of gravity sewer.” See The anticipated duration for this Appendix I – Leannan Crossing Horizontal Directional Drilling (HDD) Methodology and II – Leannan Crossing Open work is < 12 months. Cut Methodology for detailed methodologies of the in-estuary work elements which are anticipated to take approximately 1 month4. It should be noted that HDD is the preferred method of construction and open cut will only be adopted in the event that HDD proves to be unsuccessful on the Site due to the environmental conditions here. Site investigation has been undertaken here (See Appendix I and II) which has indicated that rock encountered at the site may result in the HDD option becoming ineffective. The MPS is to be constructed on lands adjacent to the existing launch point of the Storm Water Outfall (SWO) outfall. It is also proposed to construct a pumphouse building that will house pumps, electrical control equipment and welfare facilities with a storm water holding tank of 210m3 to be required. Approximately 5km of rising main will be laid from Ramelton MPS to the proposed new RMR WwTP. Upgrades to the existing sewage collection network are required to eliminate out of sewer flooding and to remove one network SWO. Removal of the SWO will eliminate one of the two SWO that overflow along the network. The SWO from the PS will remain and does not require an upgrade. All storm water will then be conveyed to the MPS where it will be pumped to the WwTP or stored within the tanks. The proposed development has been designed to comply with the Urban Wastewater Treatment Directive (91/271/EEC) and “Procedures and Criteria in relation to Storm Water Overflows” by the DoEHLG, (1995) (as prescribed in Irish Waters technical standard IW-TEC-800-03 Storm Water Overflows). According to JOD “As part of the detailed design the existing networks were modelled using InfoWorks. This modelling included an assessment of the performance of the existing SWOs in accordance with the Irish Water Technical Standard – “IW-TEC-800-03 – Stormwater Overflows”. The SWOs that were not compliant were either removed or made compliant to meet the minimum requirements of IW-TEC-800-03. This included the provision of storm water holding tanks at the main pumping stations to limit the number of spills based on the status of the receiving waters.”

2 Milford Main Pumping Station “Milford – construct new 2,000 p.e. main pumping station on the existing WwTP site to include upgraded (MPS) and Rising Main5 access road, pumphouse building, chemical dosing facilities, odour control and stormwater storage tank. Decommission existing WwTP post construction and commissioning of new WwTP at Tirroddy. Construct

approximately 6,840m of 200mm outer diameter rising main connecting the pumping station to the WwTP at The anticipated duration for this Tirroddy, laid in road/verge.”

4 It is envisaged that the works will be completed within the month of August, however if the DBO Contractor considers there is a risk that the timeframe will not be sufficient due to inclement weather, unsuitable tides, availability of marine plant or other construction risks, they will seek a derogation from IFI to accommodate the works as appropriate in consultation with them. 5 The Annual Environmental Report 2018 for Milford D0342-01 is available at: https://www.water.ie/docs/wastewater-compliance/D0342-01_2018_AER.pdf

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

No. Component Description Brief description of proposed activities work is < 12 months. Planning Permission has been granted for the Milford MPS on 23/06/2017. Expiry date: 22/06/2022 Planning Ref6: 17 / 50462 “A ten year permission for development consisting of the upgrading the existing Wastewater Treatment Plant (WwTP) involving the construction of a new wastewater pump station building, new storm water storage tank, underground chambers, inlet works, site roads and associated site works. The application relates to a development which is for an activity requiring an EPA Wastewater Discharge Licence (WwDL), Licence Number D0342-01.”

3 Rathmullan Pumping Station PS “Rathmullan – construct 780 p.e. network pumping station on an extended site at Septic Tank No. 1 location, No. 1, Main Pumping Station including flood protection measures, stormwater storage tank and the construction of 390m of rising main (MPS) No. 2 and Rising Main connecting the network pumping station to the main pumping station laid in road/verge. Decommission and backfill existing septic tank post construction and commissioning of the pumping station. Construct

1,500 p.e. main pumping station on an extended site at Septic Tank No.2 location, incorporating flood The anticipated duration for this protection measures, stormwater storage tank, pumphouse building, chemical dosing facilities, odour control work is < 12 months. unit and the construction of approximately 6,635m of 200mm outer diameter rising main connecting the main pumping station to the WwTP at Tirroddy, laid in road/verge.” The new MPS will comprise of the construction of a new underground concrete structure to provide 97m3 storm/emergency storage, sumps for the foul pumps and storm pumps and a chamber for the coarse screens. A pumphouse superstructure will be located over the concrete sub-structure and will house the electrical control equipment, welfare facilities, a pump room and stand-by generator. The proposed c. 6.6 km long rising main from the MPS will pump forward 3DWF to the proposed new RMR WwTP. Approximately 390m of rising main will be laid between the network PS (PS No.1) and the MPS (PS No.2).

4 Ramelton-Milford-Rathmullan “New WwTP – construct a new 5,500 p.e. conventional activated sludge WwTP at Tirroddy, Ramelton serving Wastewater Treatment Plant the three agglomerations on a greenfield site. The WwTP will consist of an access road, inlet works, pre- (RMR WwTP) aeration tank, aeration tank, clarifier tanks, sludge thickening and storage tanks, administration building, ESB substation and outfall pumping station. ” The greenfield site identified for the construction of the proposed RMR WwTP is approximately 1.3km due North of The anticipated duration for this Lough Swilly SAC, in the vicinity of Tirroddy. Construction of the WwTP will involve typical construction activities such work is < 12 months. as excavation, filling, lifting, pumping, pipe laying, concrete works, and mechanical installations. Some excavated material will be retained on site and used for landscaping and backfilling. Surplus excavated material will be disposed off-site. The preferred secondary treatment process is the extended aeration process. Surface water from the site is intended to pass through SUDS to be constructed on this site which shall discharge to a drainage ditch on the eastern periphery of the site, which is eventually connected to the Ballasallagh Burn (approximately 120m to the north of the proposed WwTP site). A petrol interceptor will lie upstream of this. This river then flows approximately 2km downstream to Lough Swilly (at Ray Bridge).

6 Further information available at: http://www.donegalcdb.ie/eplan/internetenquiry/rpt_ViewApplicDetails.asp?validFileNum=1&app_num_file=1750462

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

No. Component Description Brief description of proposed activities

5 Treated Effluent Outfall “Outfall – construct approximately 1,550m of 355mm outer diameter rising main and gravity outfall from the WwTP to the Swilly Estuary, including approximately a 165m marine section terminating in a 3-port diffuser

apparatus.” See Appendix III for a detailed methodology of the in-estuary work elements for the WwTP Outfall The total anticipated construction pipeline. period for this work is A c. 1.55km long treated effluent outfall will be laid from the new RMR WwTP to the launch point east of Brownknowe approximately 2 months. Islet / west of Tirroddy Point. The treated effluent will be discharged to the Swilly Estuary via a short marine outfall approximately 165m long and approximately 240m east of Brownknowe Islet. The treated effluent will be dispersed into the receiving water using an outfall diffuser fitted to the end of the outfall pipe. It is anticipated that the construction period for the outfall’s marine component will be approximately 1 month in duration7. A modelling exercise for the scheme has been carried out ‘Investigation of the Impact of Treated Wastewater Discharges to Lough Swilly from a Proposed Outfall off Brownknowe Islet’ and this shows that “The SS target is a function of the background value as specified by the Quality of Shellfish Waters regulations (SI 268/2006). The discharge must not cause an increase of more than 30% of the background level. As typical levels in shallow estuarine locations can range from 1 to over 50mg/l the target level can vary widely. If it is assumed that the background is a low value of 1.5mg/l the resulting target would be 2mg/l. The IJP model indicated that this will be achieved within 50m of the outfall and thus levels will not increase beyond the target value in the shellfish waters which are 1km downstream” (Irish Hydrodata Limited, 2018).

In addition, the existing sewer network will be upgraded within the town of Ramelton. The proposed location of the network upgrade would extend from the Mall in Ramelton, through Shore Road and the Quays to the proposed Ramelton Pumping Station site at the junction of Castle Street and the Quays.

7 It is envisaged that the works will be completed within the month of August, however if the DBO Contractor considers there is a risk that the timeframe will not be sufficient due to inclement weather, unsuitable tides, availability of marine plant or other construction risks, they will seek a derogation from IFI to accommodate the works as appropriate in consultation with them.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

The treated effluent will be discharged into the Swilly Estuary following a Secondary Treatment process8. The preferred secondary treatment process is the extended aeration process. It is anticipated that the Ramelton, Milford and Rathmullan Sewerage Scheme construction period will be approximately 24 months in duration, with construction activities taking place at the separate locations concurrently when possible. Storm water/emergency storage tanks will be constructed at each of the three MPS and the existing Storm Water Overflows (SWOs) at the existing outfalls will be retained. The SWO outfall locations will not be changed.

The treated effluent from the new RMR WwTP will discharge into Lough Swilly at a point East of Brownknowe Islet in Lough Swilly. A treated effluent outfall pipe will be constructed from the new WwTP to the shore of Lough Swilly, followed by a 165 m marine section. The treated effluent will be dispersed into the receiving water using an outfall diffuser fitted to the end of the pipe.

Where required, any sludge removal will be conducted in line with Irish Water Capital Investment Plans (CIPs) 2017 – 2021 (Irish Water, 2017) which recognises that:

“The effective collection and treatment of wastewater prior to discharge back to the environment is essential to protect the quality of that environment and the resource that this provides” and “Irish Water will continue to invest in sludge management facilities to meet the objectives of the NWSMP.” (Irish Water, 2017)

The National Wastewater Sludge Management Plan (NWSMP) Irish Water (2015) will also be adhered to. Sludge from the proposed RMR WwTP shall be transported to the Letterkenny Sludge Treatment Centre for final treatment and disposal.

The proposed development aims to provide upgraded and new infrastructure that will enable the scheme to comply with all relevant EPA Waste Water Discharge Licences through the development of a new centrally located WwTP and outfall serving all three agglomerations, new pumping stations and associated rising mains and limited gravity sewer network upgrades at Ramelton.

Please see Figure 1 - Geographic Location of the Application Site in relation to nearby European Sites; Figure 2 – Survey Area for the RMR Sewerage Scheme; and, Figure 3 - Layout and Extent of the Application Site (Source: Jennings O’Donovan) below.

A Preliminary Construction Environmental Management Plan for the Proposed RMR Sewerage Scheme has been produced by Irish Water (2020).

8 Requirements for treatment at the proposed WwTP can be seen in the Planning Report.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

1.2.3 Requirements for EcIA The layout and structure of this Ecological Impact Assessment follows the most recent guidance provided by the Chartered Institute of Ecology and Environmental Management “CIEEM” outlined in the document Guidelines for Ecological Impact Assessment in the UK and Ireland – Terrestrial, Freshwater, Coastal and Marine (2018)9.

As stated in this guidance “EcIA can be applied to projects of widely varying scales. The EcIA principles and process outlined are relevant to all developments that may impact on ecological features - this term is used throughout to cover ‘habitats, species and ecosystems’. However, the level of detail required in an EcIA will inevitably be proportionate to the scale of the development and complexity of its potential impacts.” Given the size, location and nature of this proposed development the following EcIA has been adapted so that it is proportional to the scale of the proposed development, in accordance with the CIEEM guidelines.

In addition, as stated in these guidelines, the emphasis in EcIA is on ‘significant effects’ rather than all ecological effects. The relevant legislation, regulations, plans and policies are considered within this assessment to ensure that this EcIA takes account of all relevant Ecological Features within the scoping process for this report.

9 CIEEM (2018) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine. Chartered Institute of Ecology and Environmental Management, Winchester. Updated in September 2019 https://cieem.net/resource/guidelines-for-ecological-impact-assessment-ecia/

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

Figure 1 - Geographic Location of the Application Site in relation to nearby European Sites

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

Figure 2 – Survey Area for the RMR Sewerage Scheme10

10 Please note appropriate buffers have been adopted according to the survey guidelines as described in the methodology Section 2, waterbird surveys were undertaken over a wider area, with 14 no. Vantage Points being utilised across the footprint of the proposed Scheme.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

Figure 3 - Layout and Extent of the Application Site (Source: Jennings O’Donovan)

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

1.3 Requirements for Assessment and Legislative / Policy Context

This section aims to contextualise legislation with respect to the application. This report has been undertaken with full account of legislation, policy and guidance relating to species and habitat protection, importance and survey protocol. The guiding legislation, policy and guidance includes the following:

1.3.1 International Legislation EU Habitats Directive 92/43/EEC, European Communities (Natural Habitats) Regulations 1997, European Communities (Birds and Natural Habitats) Regulations 2011 The Habitats Directive provides the basis of protection for European Sites, namely Special Protection Areas (“SPAs”) and Special Areas of Conservation (“SACs”). Article 6 of the EU Habitats Directive requires that any proposal that may have a significant effect on a European Site must be subject to an Appropriate Assessment.

If there are likely significant effects identified within the screening stage, an Appropriate Assessment is required in order to ascertain the potential impact of a proposal on the reasons for which the site is designated i.e. the sites Qualifying Interest (QI) species / habitats and Special Scientific Interests (SCI) for which there are listed Conservation Objectives. The assessment must thereby ascertain the potential for adverse impacts on the integrity of the site.

A proposal that may adversely impact the integrity of the site may not be consented except in the absence of ‘Feasible Alternative Solutions’ and in the event of 'Imperative Reasons of Overriding Public Interest’. This can only progress if compensation measures can be agreed and secured that would maintain integrity of the European site(s) concerned.

The Habitats Directive was transposed in to Irish law by the European Communities (Natural Habitats) Regulations 1997 and subsequently amended in the European Communities (Birds and Natural Habitats) Regulations 2011. Regulation 42 of the 2011 regulations requires that any proposal likely to have a significant effect on a European Site, alone or in combination with other operations or activities, needs to be assessed with respect to its potential impact in the site’s conservation objectives (through an Appropriate Assessment) and that the decision-making authority should be furnished with a Natura Impact Statement that incorporates a Screening Assessment and Appropriate Assessment as necessary.

The Habitats Directive also provides for the protection of species listed under Annex IV of the Directive wherever they occur. As such, member states must ensure that a strict protection regime is applied across their entire natural range within the EU, both within and outside European Sites. These species include otter Lutra lutra and all bat species. Otter and the lesser horseshoe bat Rhinolophus hipposideros are also listed under Annex II of the Directive which ensures that core areas of their habitat – designated as Sites of Community Importance11 - must be protected under the Natura 2000 Network and the sites managed in accordance with the ecological requirements of the species.

11 Once adopted by member states in the EU these ‘Sites of Community Importance’ become designated areas known as Special Areas of Conservation (SACs).

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

Environmental Impact Assessment Directive (2011/92/EU) European Union Directive 2011/92/EU (“the EIA Directive”) considers the assessment of the effects of certain public and private projects on the environment. It has been transposed to Irish legislation by the Planning and Development Act 2000 (as amended), and the Planning and Development Regulations (2000 – 2015) (hereafter referred to as the “2011 EIA Regulations”).

The Planning and Development Act 2000 (as amended) Part X, Section 171A(1) requires that an EIA is carried out by the competent authority (i.e. the local planning authority or An Bord Pleanála):

“that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the Environmental Impact Assessment Directive, the direct and indirect effects of a proposed development on the following:

(a) human beings, flora and fauna….,”

However, Irish Water have undertaken a screening for EIA which has ‘screened out’ the requirement for an EIAR with respect to the Proposed RMR Sewerage Scheme (Irish Water, Project ID No: 10014259.), see below.

Environmental Impact Assessment Directive (2014/52/EU) The requirements of the revised EIA Directive (2014/52/EU) (“the Revised EIA Directive”), which will be incorporated into Irish law, are taken into account by the observance of draft Revised Guidelines on the information to be contained in Environmental Impact Statements12.

Annex IV of the Revised EIA Directive provides requirements for information to be included in the EIAR (as referred to in Article 5(1)(f). Additional emphasis has been placed on ‘biodiversity’ in the 2014 EIA Directive.

An EIAR is a report or statement of the effects, if any, which the proposed project, if carried out, would have on the environment. It is prepared by the developer to inform the EIA process.

The projects which require EIA are listed in Annex I and Annex II of the EIA Directive as amended.

Projects listed in Annex I of the EIA Directive have mandatory EIA requirements. Each Member State decides on a case-by-case basis whether Annex II projects require an EIA. Thresholds have been set for Annex II projects in Irish legislation. But even projects which do not meet the threshold may require an EIA if the project is likely to have significant effects on the environment.

The Annex I and Annex II projects have been transposed into Section 5 (Parts 1 and 2) of the Planning and Development Regulations 2001, as amended.

An EIA Screening was undertaken by Irish Water for this project which concluded that the RMR Scheme does not screen in for EIA (Irish Water, Project ID No: 10014259).

12 Environmental Protection Agency. Revised Guidelines on the information to be contained in Environmental Impact Statements. . Draft, September 2015. Available at: http://www.epa.ie/pubs/consultation/reviewofdrafteisguidelinesadvicenotes/ (Accessed February 2020)

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

EU Birds Directive 79/409/EEC EU Birds Directive 79/409/EEC ("the Birds Directive”) establishes a system of general protection for all wild birds throughout the European Union. Annex I of the Birds Directive comprises 175 bird species that are rare, vulnerable to habitat changes or in danger of extinction within the European Union. Article 4 establishes clearly that, wherever those species occur, they should be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in the area of distribution. Similar actions should be taken by Member States regarding migratory species, even if they are not listed in Annex I.

Bern and Bonn Convention The Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention 1982) exists to conserve all species and their habitats. The Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention 1979, enacted 1983) was instigated to protect migrant species across all European boundaries.

EU Water Framework Directive (WFD) In response to the increasing threat of pollution and the increasing demand from the public for cleaner rivers, lakes and beaches, the EU developed the Water Framework Directive (WFD). The full title of this Directive is ‘Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy’. This Directive is unique in that, for the first time, it establishes a framework for the protection of all waters including rivers, lakes, estuaries, coastal waters and groundwater, and their dependent wildlife/habitats under one piece of environmental legislation. The Water Framework Directive is linked to a number of other EU directives in several ways. These include Directives relating to the protection of biodiversity (Birds and Habitats Directives).

UN convention on Biological Diversity (CBD) The CBD entered into force on 29 December 1993. It has 3 main objectives:

1. The conservation of biological diversity.

2. The sustainable use of the components of biological diversity.

3. The fair and equitable sharing of the benefits arising out of the utilization of genetic resources.

Parties to the CBD are required to submit a National Biodiversity Action Plan and report annually on the status of biodiversity and measures to address and reverse loss of biodiversity. Ireland’s National Biodiversity Strategy and Action Plan (2017-2021) was submitted December 2017.

1.3.2 National Legislation The Wildlife Act (1976) and amendments The Wildlife Act 1976 gives protection to a wide variety of birds, animals and plants in the Republic of Ireland. It is unlawful to disturb, injure or damage to their breeding or resting place wherever these occur without an appropriate licence from National Parks and Wildlife Service (“NPWS”). All birds, their nests and eggs are protected under law in Ireland through the Wildlife Act 1976 (as amended in 2000). Wilful destruction of an active nest from the building stage until the chicks have fledged is an offence. The act also provides a mechanism to give statutory protection to Natural Heritage Areas (“NHAs”). The amendment in 2000 broadens the scope of the Wildlife Acts to include most species, including the majority of fish and aquatic invertebrate species which were excluded from the 1976 Act.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

EC (Birds and Natural Habitats) Regulations 2011 The EU Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive 1992), provides protection to particular species and their habitats across Europe. The Habitats Directive is transposed into Irish law through the EC (Birds and Natural Habitats) Regulations 2011.

Annex IV of the EU Habitats Directive provides protection to a number of named species wherever they occur. These species are protected under Regulations 29 and 51 of the Habitats Regulations 2011.

Flora (Protection) Order (FPO), 2015 The current list of plant species protected by Section 21 of the Wildlife Act, 1976 is set out in the Flora (Protection) Order, 2015, which supersedes orders made in 1980, 1987 and 1999.

It is illegal to cut, uproot or damage the listed species in any way, or to offer them for sale. This prohibition extends to the taking or sale of seed. In addition, it is illegal to alter, damage or interfere in any way with their habitats. This protection applies wherever the plants are found and is not confined to sites designated for nature conservation.

The European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. 272 of 2009) and as amended The regulations establish legally binding quality objectives for all surface waters and environmental quality standards for pollutants for purposes of implementing provisions of E.U. legislation on protection of surface waters. These regulations clarify the role of public authorities in the protection of surface waters and also concern the protection of designated habitats.

European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2009 to 2018 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.

European Communities (Quality of Salmonid Waters) Regulations, 1988, (S.I. No. 293 of 1988). The 1988 directive defines freshwaters as being waters capable of supporting Salmon Salmo Salar, Trout Salmo trutta, Char (Salvelinus) and whitefish (Coregonus) – these are designated as Salmonid waters.

Planning and Development Act 2000, as amended For the purposes of an application for planning permission the protection of biodiversity is provided for in the 2000 Act, as amended, and the Planning and Development Regulations 2001, as amended, which incorporate provisions of the Habitats and Birds Directives as well as the Wildlife Act 1976 as amended, the Water Framework Directive, and the biodiversity provisions of the County Development Plan.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

1.3.3 National Policy

The National Heritage Plan (published in 2002)

This plan is currently under review and a new plan is proposed by the Government to run in Ireland up to 203013. Along with the Heritage Plan, The National Biodiversity Action Plan 2017 - 202114 set out strategies for the conservation and management of our heritage. A key element of both plans is an enhanced role for local authorities in heritage awareness and management, to be given effect through the preparation and implementation of County Heritage Plans and Biodiversity Action Plans. In addition, Article 6 of the Directive obliges member states to undertake an ‘Appropriate Assessment’ (AA) for any plan or project which may have a likely significant effect on any European Site. The outcomes of such AAs fundamentally affect the decisions that may lawfully be made by competent national authorities in relation to the approval of plans or projects.

The National Biodiversity Action Plan 2017-2021 (NBAP) This plan emphasises the requirement for National, Regional and Local Governments to ensure that the conservation and sustainable use of biodiversity for human well-being is at the forefront of their work. This stemmed from the United Nations ‘Convention on Biological Diversity’s Cancun Declaration’ (CBD, 2016) which defines biological diversity, or biodiversity, to mean “the variability among living organisms from all sources including inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes genetic diversity within species, across species and of ecosystems.” Ireland’s Vision for Biodiversity is set out in the NBAP and states: “That biodiversity and ecosystems in Ireland are conserved and restored, delivering benefits essential for all sectors of society and that Ireland contributes to efforts to halt the loss of biodiversity and the degradation of ecosystems in the EU and globally.” An interim report on the implementation of this plan is now available (Biodiversity Working Group, 2020).

Irish Water Capital Investment Plans (CIPs) 2017 – 2021 The CIPs recognise that “The effective collection and treatment of wastewater prior to discharge back to the environment is essential to protect the quality of that environment and the resource that this provides” and “Irish Water will continue to invest in sludge management facilities to meet the objectives of the NWSMP”.

Irish Water Capital Investment Plan 2020 to 2024 The proposed methodology for this plan is currently undergoing consultation.

Irish Water - Water Services Strategic Plan (WSSP) October 2015 This plan states that “Irish Water aims to protect and enhance the environment are to:

 Ensure that Irish Water services are delivered in a sustainable manner which contributes to the protection of the environment.  Operate our infrastructure to support the achievement of objectives under the Birds, Habitats and Water Framework Directives.  Manage all our residual waste in a sustainable manner.”

13 The National Heritage Plan - Available online at: https://www.chg.gov.ie/heritage/heritageireland2030/ (Accessed August 2019). 14 The National Biodiversity Action Plan – Available online at: https://www.npws.ie/legislation/national-biodiversity-plan (Accessed August 2019).

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

National Wastewater Sludge Management Plan (NWSMP) “As part of the development of the NWSMP, Irish Water has looked at how wastewater sludge is currently managed and has set out sustainable proposals for the investment in future treatment, transport and reuse or disposal of the sludge in keeping with the following objectives:

 To avoid endangering human health or harming the environment;  To maximise the benefits of wastewater sludge as a soil conditioner and source of nutrients;  To ensure that all regulatory and legislative controls are met, and due regard is given to non-statutory Codes of Practice and industry guidance;  To establish long term, secure and sustainable reuse/disposal methods;  To ensure cost-effective and efficient treatment and reuse/disposal techniques;  To reduce potential for disruption from sludge transport and sludge facilities;  To extract energy and other resources where economically feasible; and,  To drive operational efficiencies, e.g. through the use of Sludge Hub Centres.”

This plan includes mitigation which has been transposed from a Natura Impact Statement, following an Appropriate Assessment of the NWSMP and which should apply to the proposed RMR Scheme. A number of the identified mitigation actions are highlighted here as being particularly pertinent to this in- combination assessment include:

 “The audit of wastewater sludge activities is essential to ensure progress is being made in ensuring compliance with good practice and to ensure that an overall quality product is being generated. Therefore it is recommended that the audit process becomes an integral part of the quality assurance system and it addresses all wastewater sludge management activities from the operational WWTP to the disposal / reuse activity. Contractors who break contractual obligations will be penalised”  “…Irish Water has committed to ‘liaise with the Department of the Environmental, Community and Local Government in relation to a review of the Code of Good Practice for the Use of Biosolids in Agriculture to address inconsistencies in legislation and existing guidelines’15.  “As upgrades to infrastructure would result in more effluent generation, the sensitivity of the receiving waters must be considered in advance and proposals. In projects where the only potential impact is on the final effluent discharges, screening for Appropriate Assessment is undertaken by the EPA as part of the wastewater discharge licensing process”.  “Irish Water will record how the existing standards for monitoring of wastewater sludge and soil samples comply with EU and international practice. This will provide a benchmark which can be used to determine what changes need to be made going forward”.  Recommended risk assessments should be undertaken and siting criteria considered at the planning stage of new infrastructure and upgrades.

15 Available at: Code of Good Practice for the use of Biosolids in Agriculture (2008) https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/Environment/Water/FileDownLoad,17228,en.pdf

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

 Appropriate Assessment of proposed projects by Irish Water shall be carried out by them to ensure that the requirements of Article 6(3) and 6(4) of the EU Habitats Directive are fully satisfied.  Irish Water will ensure compliance with their obligations as a public water authority under the Birds and Natural Habitats Regulations 2011 – 2015.

Irish Water will ensure that all proposals are in compliance with their Standard Operating Procedures.

River Basin Management Plan (RBMP) 2018-2021 The 2nd Cycle RBMP supersedes the ‘The North Western River Basin Management Plan’ (NWRBMP) and ‘Lough Swilly Water Management Unit Action Plan (WMU)’. This plan sets our the actions that Ireland will take to improve water quality and achieve ‘good’ ecological status in water bodies (rivers, lakes, estuaries and coastal waters) by 2027.

This plan outlines the measures used to protect the rivers, lakes, estuaries and coastal waters of Ireland. Ireland is now defined as a single River Basin District. The plan outlines keys pressures on waterbodies, agriculture (53%) and urban waste-water (20%) are significant pressure impacting the 1,460 water bodies that are At Risk. The plan also outlines measures to protect and improve Irish water bodies including Irish Water’s planned capital investment in the upgrading of waste-water treatment plants and collection systems.

On the basis of the actions set out in the RBMP for Ireland it is expected that general water quality improvements will be achieved in the 762 water bodies which are being prioritised for this planning cycle (2018 – 2021). This plan includes the upgrades at Milford, Ramelton and Rathmullan, which is intended to be of benefit to the water quality of Lough Fern, the Leannan River (a Prioritised Area for Action) and Lough Swilly, taking account of the ‘High’ status water amenity areas here. The plan states that “…it is conservatively estimated that the actions outlined will likely result in some 152 additional waterbodies showing improvement in status by 2021, with further improvements being made thereafter. The remaining At Risk water bodies which fall outside the 190 Areas for Action will still benefit from existing and newly introduced measures. As resources allow these will be targeted for investigative assessments and further action, where necessary, through the prioritisation processes at regional committee level.”

1.3.4 Local Policy Biodiversity Actions in County Donegal Due to a lack of resources, there is currently no County Donegal Biodiversity Action Plan (BAP). According to the Heritage Officer at Donegal County Council, both the “Council and the County Donegal Heritage Forum agree that the best strategy for the preparation and delivery of a County Biodiversity Action Plan is to have a dedicated Biodiversity Officer” (Pers. Comm. County Donegal Heritage Office, 2019).

The current actions for the County Donegal Heritage Plan are available at: http://www.donegalcoco.ie/culture/heritage/heritageplan/

“Objective 5: To Collect data on heritage, inform decision-making and promote economic, cultural and social development”, includes:

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

“Objective 5.13 - Encourage the appointment of an Assistant Heritage Officer, a Field Monument Adviser, a County Archaeologist and a Biodiversity Officer for County Donegal”16

It is an objective of the Draft County Donegal Heritage Plan (2014 – 2019)17 Objective 5 – 5.16 to: “Explore the potential for the appointment of Field Monument Adviser for County Donegal”.

The Donegal County Development Plan (CDP)18 includes the following policy specifically in relation to biodiversity:

ED-P-14: “It is a policy of the Council that any proposal for economic development use, in addition to other policy provisions of this Plan, will be required to meet all the following criteria;

(k) The site layout, building design, associated infrastructure and landscaping arrangements are of high quality and assist the promotion of sustainability and biodiversity.”

It is an aim of the CDP to “To conserve, protect and manage the County’s natural heritage [which includes Donegal’s rich biodiversity] for future generations and encourage appreciation and enjoyment of these resources.”

The CDP includes the following Objectives and Policies which are relative to the conservation of biodiversity in the County:

Objectives:

NH-O-1: “To protect, sustainably manage and enhance the rich biodiversity of County Donegal for present and future generations.”

NH-O-2: To comply with Article 6 of the Habitats Directive (92/43/EEC) and have regard to the relevant conservation objectives, management plans, qualifying interests and threats to the integrity of Natura 2000 sites. NH-O-3: To maintain the conservation value of all existing and/or proposed SACs, SPAs, NHAs and RAMSAR sites including those plant and animal species that have been identified for protection under the EU Habitats Directive (92/43/EEC), EU Birds Directive (79/409/EEC as amended by 2009/147/EC), the Wildlife Acts (1976-2014) and the Flora Protection Order (2015). NH-0-4: To ensure the protection and management of the landscape in accordance with current legislation, ministerial and regional guidelines and having regard to the European Landscape Convention 2000. NH-0-5: To protect, manage and conserve the character, quality and value of the landscape having regard to the proper planning and development of the area, including consideration of the scenic amenity designations of this plan, the preservation of views and prospects and the amenities of places and features of natural, cultural, social or historic interest. NH-O-6: To protect and improve the integrity and quality of Designated Shellfish Waters, and Freshwater Pearl Mussel Basins and to take account of any relevant Shellfish Reduction Program or Fresh Water Pearl Mussel Sub-basin Plan. NH-O-7: To protect the areas of Especially High Scenic Amenity from intrusive and/or unsympathetic developments.

16 County Donegal Heritage Plan Actions can be downloaded at: http://www.donegalcoco.ie/media/donegalcountyc/heritage/pdfs/County%20Donegal%20Heritage%20Plan%20Actions.pdf (Accessed August 2019). 17 Donegal County Council (2015) Draft County Donegal Heritage Plan (2014 – 2019). 18 Donegal County Council (2018) County Donegal Development Plan 2018-2024.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

NH-O-8: To ensure where appropriate the protection and conservation of hedgerows, stone walls and traditional field boundaries as natural heritage corridors and migration routes for wildlife where they are shown to play a significant heritage role. NH-O-9: To promote and implement sustainable forest management principles and to ensure that the establishment of new woodlands and forests protect and enhance the environment. NH-O-10: To maintain and restore ecosystems and to conserve valuable or threatened habitats and species in order to prevent further loss of biodiversity and to meet the EU’s target to halt biodiversity loss by 2020 through the implementation of the EU Biodiversity Strategy (2011) or as updated. NH-O-11: To ensure the conservation and management of Peatlands in the County.

Policies: NH-P-1: It is a policy of the Council to ensure that development proposals do not damage or destroy any sites of international or national importance, designated for their wildlife/habitat significance in accordance with European and National legislation including: SACs, Special SPAs, NHAs, Ramsar Sites and Statutory Nature Reserves.

NH-P-2: It is the policy of the Council to protect the habitats of species listed for protection through the prevention and management of the spread of invasive plant and animal species in the County in accordance with European and National legislation.

NH-P-3: It is a policy of the Council to require the consideration of Designated Shellfish Waters and their Shellfish Pollution Reduction Programmes in all development proposals that fall within their catchment.

NH-P-4: It is a policy of the Council to require the consideration of Freshwater Pearl Mussel and any relevant Freshwater Pearl Mussel Sub-basin Plans in all development proposals that fall within their basin of catchment.

NH-P-5: It is a policy of the Council to require consideration of the impact of potential development on habitats of natural value that are key features of the County’s ecological network and to incorporate appropriate mitigating biodiversity measures into development proposals.

NH-P-6: It is a policy of the Council to protect areas identified as Especially High Scenic Amenity on Map 7.1.1: 'Scenic Amenity'. Within these areas, only developments assessed to be of strategic importance or developments that are provided for by policy elsewhere in this Plan shall be considered.

NH-P-7: Within areas of 'High Scenic Amenity' (HSC) and 'Moderate Scenic Amenity' (MSC) as identified on Map 7.1.1: 'Scenic Amenity', and subject to the other objectives and policies of this Plan, it is the policy of the Council to facilitate development of a nature, location and scale that allows the development to integrate within and reflect the character and amenity designation of the landscape.

NH-P-8: It is the policy of the Council to safeguard the scenic context, cultural landscape significance, and recreational and environmental amenities of the County’s coastline from inappropriate development.

NH-P-9: It is the policy of the Council to manage the local landscape and natural environment, including the seascape, by ensuring any new developments do not detrimentally impact on the character, integrity, distinctiveness or scenic value of the area.

NH-P-10: It is a policy of the Council to retain and protect significant stands of existing trees/hedgerows/woodlands, and seek increased planting of native trees where appropriate in new developments.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

NH-P-11: It is a policy of the Council to seek the protection of stone wall boundaries where they are shown to play a significant heritage role. Where the demolition of such stone walls is unavoidable, the reinstatement of stone walls at revised location/set back within the site using agreed local materials and techniques, will be required.

NH-P-12: It is a policy of the Council to protect the integrity of the Shore Walks from Moville to Greencastle, Bundoran to Tullaghan, Buncrana to Stragill and the walkway encircling Trusk Lough and Ballybofey by the management of development that would intrude upon or inhibit the amenities of those walks and surrounding areas.

NH-P-13: It is a policy of the Council to protect, conserve and manage landscapes having regard to the nature of the proposed development and the degree to which it can be accommodated into the receiving landscape. In this regard the proposal must be considered in the context of the landscape classifications, and views and prospects contained within this Plan and as illustrated on Map 7.1.1: ‘Scenic Amenity’.

NH-P-14: It is a policy of the Council to protect the character of the following approach roads to

 Glenveagh National Park:  Glendowan to Doochary Road.  Dunlewey to Termon Road.  Churchill to Termon/Dunlewy Road.  Muckish Gap to Cabiber Bridge.

NH-P-15: It is a policy of the Council to safeguard prominent skylines and ridgelines from inappropriate development.

NH-P-16: It is a policy of the Council to protect and enhance the landscape character, culture and heritage of the Islands whilst facilitating appropriate development. All development must be considered in the context of the landscape classification contained within this Plan and as illustrated on Map 7.1.1: Scenic Amenity.

NH-P-17: It is a policy of the Council to seek to preserve the views and prospects of special amenity value and interest, in particular, views between public roads and the sea, lakes and rivers. In this regard, development proposals situated on lands between the road and the sea, lakes or rivers shall be considered on the basis of the following criteria: Importance value of the view in question.

 Whether the integrity of the view has been affected to date by existing development.  Whether the development would intrude significantly on the view.  Whether the development would materially alter the view.

In operating the policy, a reasonable and balanced approach shall be implemented so as to ensure that the policy does not act as a blanket ban on developments between the road and the sea, lakes and rivers.

NH-P-18: It is the policy of the Council to ensure that an ecological assessment (including where necessary EIA) is carried out at the appropriate level in relation to proposals for drainage or reclamation of wetlands.

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

NH-P-19: It is a policy of the Council to protect County Geological Sites (CGS) through a precautionary approach to development proposals with the potential to impact upon a CGS. Proposals should be accompanied by a detailed report from a competent person setting out the potential impact to ensure that an informed decision can be made. Where significant harm to the CGS is deemed likely, planning permission will not be granted unless there are overriding considerations of public importance to the County.

NH-P-20: It is the policy of the Council to ensure the protection of Cró na mBraonáin habitats and Grouse sanctuary given its high concentration of Red Grouse and its importance to the national Red Grouse population, which is a protected species under the EU Birds Directive.

This zone is described as an area in which “To conserve, protect and manage the County’s natural heritage for future generations and encourage appreciation and enjoyment of these resources”.

1.3.5 Relevant Guidance and Information

Appropriate Assessment of Plans and Projects in Ireland – Guidance for Local Authorities (2010) The ‘Appropriate Assessment of Plans and Projects in Ireland – Guidance for Local Authorities’ (2010) (“the Appropriate Assessment Guidance”)19 provides methodological and legislative guidance on Appropriate Assessment for any proposals that may impact on Natura 2000 sites in Ireland. These guidelines are highly relevant in assessing the potential impact on neighbouring Natura 2000 sites.

CIEEM Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater and Coastal The ‘CIEEM Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine’ (CIEEM, 2018) (“the CIEEM Guidelines”), published by the Chartered Institute of Ecology and Environmental Management (“CIEEM”), are the acknowledged reference on ecological impact assessment and reflect the current thinking on good practice in ecological impact assessment across the UK and Ireland. They are consistent with the British Standard on Biodiversity, which provides recommendations on topics such as professional practice, proportionality, pre-application discussions, ecological surveys, adequacy of ecological information, reporting and monitoring.

These CIEEM Guidelines have the endorsement of the Institute of Environmental Management and Assessment (“IEMA”), the Chartered Institute of Water and Environmental Management, Northern Ireland Department of the Environment (“NIEA”), Scottish Natural Heritage (“SNH”), The Wildlife Trusts and other leading environmental organisations such as the National Parks and Wildlife Service (“NPWS”).

Freshwater Pearl Mussel - Second Draft- Leannan Sub-Basin Management Plan “The Leannan is currently ranked as 16th out of the 27 Freshwater Pearl Mussel SAC populations in the country on the basis of population status, habitat condition and current pressures. The significant number and intensification of pressures has led to the loss of much of the former population of mussels in the more downstream stretches towards Lough Fern…Three areas have been identified as priority for the application of measures laid out in this plan – the Glashagh, the Lurgy and the Leannan main channel as far as Kilmacrennan. The remaining parts of the catchment will be addressed subsequently.”

19 Department of Environment, Heritage and Local Government, 2009. Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. Available at: https://www.npws.ie/sites/default/files/publications/pdf/NPWS_2009_AA_Guidance.pdf (Accessed February 2020).

EcIA - Ecological Impact Assessment (EcIA) August 2020 County Donegal Towns & Villages Sewerage Schemes. Ramelton – Milford – Rathmullan (RMR) Sewerage Scheme

Lough Swilly Shellfish Pollution Reduction Programme Characterisation Report 28 According to this report “The licensed areas within Lough Swilly are classified as Class B meaning that shellfish may be placed on the market for human consumption only after treatment in a purification centre or after relaying so as to meet the health standards for live bivalve molluscs laid down in the EC Regulation on food safety (Regulation (EC) No 853/2004). This indicates faecal contamination in this shellfish area.” And “The dedicated shellfish samples available for this shellfish area were found to be noncompliant with shellfish guideline values for chromium and faecal coliforms outlined in Annex I of the Shellfish Waters Directive (2006/113/EC) and Schedule 4 of the Quality of Shellfish Waters Regulations (S.I. No. 268 of 2006) (Table 1). Ongoing shellfish monitoring will strengthen the assessment of compliance status at this shellfish area. The shellfish flesh classification indicates faecal contamination in the shellfish area.”

2 SURVEY AND ASSESSMENT METHODOLOGIES

Surveys of the terrestrial ecology at the Application Site, were undertaken following specific guidelines for the relevant target species outlined below. The importance of the habitats and species present is evaluated using the Chartered Institute of Ecology and Environmental Management Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine (CIEEM, 2018). This guidance document outlines an accepted approach for the evaluation of impact from such developments.

2.1 Desk Study Methodology A desk study was undertaken by Woodrow in 2019 and updated in 2020 to gather information on the likely distribution of species in the general area prior to the field survey visits so that a targeted approach to surveying could be undertaken. Stakeholder consultation undertaken for this Scheme also informed the desk study, this is listed in Table 2 below.