Proposed Housing Development Ardattin, Co. Carlow

Stage 1 Screening Report Housing Department Carlow County Council

6th November 2019

Lisa Dowling MCIEEM, Ecological Consultant,

Leighlinbridge,

Co. Carlow. Telephone: 087 6125041

TABLE OF CONTENTS

1 INTRODUCTION ...... 1 1.1 BACKGROUND ...... 1 1.2 LEGISLATIVE CONTEXT ...... 1 1.3 STAGES OF APPROPRIATE ASSESSMENT ...... 2 2 DESCRIPTION OF THE PROJECT ...... 2 2.1 PROPOSED WORKS ...... 2 2.2 LOCAL SITE CHARACTERISTICS ...... 3 3 NATURA 2000 SITES ...... 3 3.1 IDENTIFICATION OF NATURA SITES ...... 5 3.2 SLANEY RIVER VALLEY SAC ...... 6 4 IMPACT ASSESSMENT ...... 7 4.1 SCREENING MATRIX ...... 7 4.2 FINDING OF NO SIGNIFICANT EFFECTS MATRIX ...... 10 5 SCREENING STATEMENT ...... 12 6 BIBLIOGRAPHY ...... 15

APPENDICES 1. Principal Stages of the Appropriate Assessment Procedure 2. Proposed Site Layout Plan 3. Photoplates 4. Response from Inland Fisheries Ireland 5. Construction Environmental Management Plan (CEMP)

AA Screening of Proposed Housing Development, Ardattin, Co. Carlow

1 INTRODUCTION 1.1 BACKGROUND Lisa Dowling MCIEEM was commissioned by the housing department of Carlow County Council to prepare a Stage 1 Appropriate Assessment Screening Report for a proposed Part VIII housing scheme at Ardattin, Co. Carlow. A Stage 1 Appropriate Assessment Screening Report is required due to a minor watercourse along the northern boundary of the proposed site. This watercourse flows into the River Slaney c. 1.8km downstream of the proposed site. The River Slaney is designated for nature conservation, the Slaney River Valley Special Area of Conservation (SAC) (sitecode: 000781) and is part of the Natura 2000 network of sites. The EU Habitats Directive requires that any proposed development which potentially may impact either directly or indirectly on a Natura 2000 site be subjected to Stage 1 Screening. Lisa Dowling has over thirteen years environmental consultancy experience, specialising in the areas of Ecological Impact Assessment and Geographic Information Systems. She obtained an honours degree in Applied Ecology in 1995 from University College Cork; a masters degree in Environmental Resource Management in 1997 from University College Dublin; and a Certificate in Biological Recording and Species Identification from University of Birmingham in 2005. She is a full member of the professional body, the Chartered Institute of Ecology and Environmental Management (CIEEM) since 2006 and holds full professional indemnity insurance. She is nominated vice-county recorder of the Botanical Society of Britain and Ireland (BSBI) for County Carlow since 2012.

1.2 LEGISLATIVE CONTEXT The Habitats Directive (Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora) provides legal protection for habitats and species of European importance. The main aim of this Directive is “to contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora in the European territory of the Member States to which the Treaty applies”. In order to meet the aims of the Directive, actions must be designed “to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest” (Habitats Directive). Under the Habitats Directive, Special Areas of Conservation (SAC) or candidate Special Areas of Conservation (cSAC) have been selected as important examples of habitat types listed in Annex I, and the habitats of certain species listed in Annex II of the Habitats Directive. SACs (including cSACs) together with Special Protection Areas (SPAs) (including proposed SPAs) make up a network of European sites called the Natura 2000 network. SPAs are designated under the Council Directive on the Conservation of Wild Birds (79/409/EEC), otherwise known as the “Birds Directive”. Appropriate Assessment is required under the Habitats Directive for any plan or project likely to have a significant effect on a Natura 2000 site. Article 6, paragraphs 3 and 4 of the Directive state: “6(3) - Any plan or project not directly connected with or necessary to the management of the site (Natura 2000 site) but likely to have 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. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. 6(4)- If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

Lisa Dowling MCIEEM November 2019 1 AA Screening of Proposed Housing Development, Ardattin, Co. Carlow

Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.”

1.3 STAGES OF APPROPRIATE ASSESSMENT This Stage 1 Appropriate Assessment Screening Report has been prepared in accordance with:  “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” (EC, 2001).  “Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities” (DEHLG, 2010).  Advocate General Sharpston’s rulings (2013 and 2014) on the assessments of the implications for protected sites of a plan or project. Articles 6(3) and 6(4) of the Habitats Directive lay down a step by step procedure to be followed with respect to proposed plans or projects that may impact on Natura 2000 sites. This procedure comprises four principal stages which are presented in Appendix 1. For the purposes of this document we are only concerned with the first stage, Stage 1 Screening. Screening is undertaken to determine the necessity for a more detailed Stage 2 Appropriate Assessment where potential impacts are deemed to be of significance. This Stage 1 Screening Report will comprise the following four steps: 1. Description of the project and local site characteristics; 2. Identification of Natura 2000 sites potentially affected, and compilation of information on their qualifying interests and conservation objectives; 3. Assessment of likely effects – direct, indirect and cumulative; and 4. Screening statement with conclusions.

2 DESCRIPTION OF THE PROJECT 2.1 PROPOSED WORKS The proposed works will be undertaken within a site of 0.865ha in Ardattin village and will comprise the following:  Construction of 12 No. dwellings including: o 6 No. 2 bed single storey terraced dwellings. o 6 No. 3 bed single storey terraced dwellings. o Built in 2 phases of 6 units each.  Associated driveways and rear gardens;  2 No. green open spaces;  New connection to existing public water supply;  Surface water drainage will be diverted to soakpits located in rear gardens and on open areas; and  Development of access road, footpaths, and associated site works. Further details of the proposed project are included on the Proposed Site Layout Plan contained in Appendix 2. Final details regarding treatment of wastewater arising during the operational phase were not available at the time of this report. Carlow County Council accepts that the adjacent wastewater treatment plant is currently at capacity and would need an upgrade prior to accepting any increased loading.

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2.2 LOCAL SITE CHARACTERISTICS The proposed site is located on the western edge of the small village of Ardattin. The site slopes gently downhill towards the northern boundary of the site. A small watercourse runs along the northern site boundary within the adjacent field, in a westerly direction to the River Slaney. 2.2.1 Habitat Assessment A habitat survey of the proposed site was undertaken by Lisa Dowling MCIEEM on 18/04/19 in accordance with habitat assessment guidelines issued by Fossitt (2000) and Smith et al. (2011). Plant nomenclature follows Stace (2010). Figure 1 presents the habitats recorded within and adjacent to the proposed site. Recolonising Bare Ground (ED3) habitat was identified over the majority of the proposed site where disturbed ground had greater than 50% vegetation cover. Vegetation was dominated by a diverse range of mainly low growing broadleaved herbs including common mouse-ear Cerastium fontanum, shepherd’s-purse Capsella bursa- pastoris, dandelion Taraxacum agg., trailing tormentil Potentilla anglica, creeping cinquefoil P. reptans, ribwort plantain Plantago lanceolata, greater plantain P. major, common chickweed Stellaria media, hairy bitter-cress Cardamine hirsuta and groundsel Senecio vulgare. Taller broadleaved herbs and remnants from last year’s fruiting spikes were also present and included broad-leaved dock Rumex obtusifolius¸ sowthistle Sonchus sp. and turnip Brassica rapa. A small section of the proposed site adjacent to existing houses was classified as Horticultural Land (BC2) where it included rows of planted fruit shrubs. A short Drainage Ditch (FW4) was observed in the northwestern corner of the proposed site which extended c. 6m along the northern site boundary. The shallow channel was up to 1m wide and was slightly wet underfoot. Some marsh/wetland plants including water mint Mentha aquatica, lesser spearwort Ranunculus flammula, field horsetail Equisetum arvense and rushes Juncus sp. were observed within the channel. The drain flowed westwards into the Knocknatubbrid watercourse c. 20m west of the proposed site. The northern site boundary comprised a vegetated Earth Bank (BL2) which ranged between 1 to 1.5m in height. Shrub species such as gorse Ulex europaeus, hawthorn Crataegus monogyna, bramble Rubus fruticosus and privet Ligustrum vulgare were growing on top of the earth bank. Adjacent Habitats A small stream classified as Depositing/Lowland River (FW2) (Knocknatubbrid watercourse) was located at the other side of the northern site boundary, where it bordered a field of Arable Crops (BC1). 2.2.2 Local Surface Waters The watercourse located adjacent to the northern site boundary, known as Knocknatubbrid watercourse on EPA mapping flows in a northwest/westerly direction for c.1.8km before its confluence with the River Slaney just south of Aghade Bridge. No EPA monitoring data is available for this minor watercourse. The nearest EPA monitoring point for the Slaney upstream is at ‘Ford 3km d/s of Tullow Br’ (Station Code: RS12S021400), which recorded moderate status (Q-value of 3-4) when monitored in 2016. The nearest monitoring point on the Slaney downstream of its confluence with Knocknatubbrid is at Kilcarry Bridge (Station Code: RS12S021600) which also recorded moderate status in the same year (EPA, 2019).

3 NATURA 2000 SITES This section identifies any Natura 2000 site within the likely zone of impact of the plan or project. A distance of 15km is currently recommended in the case of plans, and derives from UK guidance (Scott Wilson et al., 2006). Each Natura 2000 site within 15km or downstream of the proposed site are briefly summarised below. Where there is no potential pathway for impacts from the development, such Natura sites may be objectively excluded from the Screening process. Natura sites with a potential pathway with the development are considered in subsequent sections.

Lisa Dowling MCIEEM November 2019 3 AA Screening of Proposed Housing Development, Ardattin, Co. Carlow

Lisa Dowling MCIEEM November 2019 4 AA Screening of Proposed Housing Development, Ardattin, Co. Carlow

3.1 IDENTIFICATION OF NATURA SITES Slaney River Valley SAC (000781) This site comprises the freshwater stretches of the Slaney as far as the Wicklow Mountains, and includes a number of tributaries, the estuary at Ferrycarrig and Wexford Harbour. This SAC is located c.860m southwest of and c. 1.8km downstream of the proposed site where it includes the Slaney. There is a potential hydrological pathway for impacts between the proposed development and the SAC. Therefore, this Natura site and its conservation objectives will be considered further in subsequent sections. Blackstairs Mountains SAC (000770) The Blackstairs Mountains are located along the border of Counties Wexford and Carlow, forming a mountain chain that runs in a northeast/southwest direction for c. 22km, including 6 peaks over 520m elevation. This SAC is selected for wet heath and dry heath habitats. It is located c.11.8km south of the proposed site. There is no pathway for potential impacts on this Natura site, and therefore, it may be excluded from the Screening process at this stage. Overview Natura 2000 sites identified as within the potential zone of influence of the project are limited to the Slaney River Valley SAC. All other Natura 2000 sites can be excluded from the screening process due to the localised nature of the project, absence of an impact pathway and the distance between the project and other Natura 2000 sites.

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3.2 SLANEY RIVER VALLEY SAC The Slaney River Valley SAC is a large site which comprises the freshwater and estuarine stretches of the River Slaney from the Wicklow Mountains to Wexford Harbour. It includes several large tributaries including the Bann, Boro, Glasha, Clody, Derry, Derreen, Douglas and Carrigower Rivers. The site supports populations of several animal species listed in Annex II of the Habitats Directive, and several habitats listed in Annex I of this Directive, including the priority habitat, wet alluvial woodlands. Significant numbers of wintering wildfowl, including some species listed in Annex I of the Birds Directive, are found along the estuarine stretch of the river. The occurrence of several Red Data Book plant and animal species adds further importance to the Slaney River Valley site (NPWS, 2015). Waste water outflows, runoff from intensive agricultural enterprises, a meat factory at Clohamon, a landfill site adjacent to the river, and further industrial development upstream in Enniscorthy and in other towns could all have potential adverse impacts on water quality within the SAC unless they are carefully managed. The spread of exotic species is reducing the quality of woodlands within the site (NPWS, 2015). 3.2.1 Qualifying Interests The Slaney River Valley SAC is selected for 5 No. habitat types (one of which is a priority habitat) listed in Annex I of the Habitats Directive, and 8 No. animal species listed in Annex II of the same Directive. These qualifying interests are presented in Table 3.1.

Table 3.1: Qualifying Interests of Slaney River Valley SAC

Code Qualifying Interests Code Qualifying Interests 1029 Freshwater pearl mussel (Margaritifera 1140 Mudflats and sandflats not covered by margaritifera) seawater at low tide

1095 Sea lamprey (Petromyzon marinus) 1355 Otter (Lutra lutra) 1096 Brook lamprey (Lampetra planeri) 1365 Harbour Seal (Phoca vitulina) 1099 River lamprey (Lampetra fluviatilis) 3260 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation (Floating River Vegetation)

1103 Twaite shad (Alosa fallax) 91A0 Old sessile oak woods with Ilex and Blechnum in British Isles 1106 Atlantic Salmon (Salmo salar) (only in 91E0* Alluvial forests with Alnus glutinosa and fresh water) Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae)

1130 Estuaries * indicates a priority habitat under the Habitats Directive

3.2.2 Conservation Objectives A site-specific conservation objective aims to define favourable conservation condition for a particular habitat or species at that Natura site. Favourable conservation status of a habitat is achieved when:  its natural range, and area it covers within that range, are stable or increasing, and

Lisa Dowling MCIEEM November 2019 6 AA Screening of Proposed Housing Development, Ardattin, Co. Carlow

 the specific structure and functions which 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 dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and  the natural range of the species is neither being reduced nor is 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 (NPWS, 2011). The National Parks and Wildlife Service (NPWS) site-specific objectives for the Slaney River Valley SAC detail specific parameters by which each qualifying species and habitat may be measured and stipulate specific targets to be achieved in order to ‘restore the favourable conservation condition’ of the species or habitat within the Natura 2000 site. See www.npws.ie for further details.

4 IMPACT ASSESSMENT 4.1 SCREENING MATRIX Assessment Criteria Describe the individual elements of the project (either alone or in combination with other plans or projects) likely to give rise to impacts on the Natura 2000 site. Direct Impacts The proposed site boundary is located c. 860m east of the Slaney River Valley SAC. There will be no direct impacts on this Natura 2000 site. Indirect Impacts Emissions arising during the construction phase could potentially give rise to indirect effects on the water quality of the Slaney River downstream, alone and cumulatively with other sources, potentially causing adverse effects on water-dependent qualifying species and habitats. This risk is considered to be low. A Construction Environmental Management Plan (CEMP) (contained in Appendix 5) forms part of this proposal and will be followed during all stages of construction to prevent contamination of surface waters and groundwaters. The proposal will involve increased sewage loading to the existing wastewater treatment system located in the adjoining housing estate. If wastewater is inadequately treated, this could lead to a deterioration in groundwater quality with potential of cumulative enrichment within the Slaney catchment. Describe any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) on the Natura 2000 site by virtue of: Land-take, size and The proposed development will not result in any reduction in area of the Natura 2000 site. scale; Distance from the The proposed development is located c. 1.8km upstream of and c. 860m east of the Slaney Natura 2000 site or River Valley SAC where it includes the Slaney River. key features of the site;

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Resource The proposed development will connect to the public water mains which is supplied by the requirements (water Central Regional Water Scheme. No potential impacts are anticipated from this aspect of abstraction etc.); the project. Emissions (disposal to Construction land, water or air); The conversion of grassland habitats will involve clearance, excavation and levelling of soil in two phases which will have the potential to produce large amounts of sediment-laden runoff especially during periods of heavy rainfall. If surface water runoff loaded with suspended solids enters the adjacent watercourse, this could have serious negative impacts on aquatic invertebrate and fish life cycles both within the watercourse itself and within the River Slaney downstream. The introduction of pollutants such as raw or uncured concrete and grouts, washdown water from exposed aggregate surfaces, cast-in-place concrete, fuels and lubricants into the adjacent watercourse could have significant adverse effects on its water quality and that of the protected Slaney downstream. Uncured concrete can kill fish and macro-invertebrates by altering the pH of the water. Though the Knocknatubbrid water course is located along the northern boundary of the site, it runs within the adjacent field. An earth bank of between 1 to 1.5m high forms the boundary of the proposed site and separates the site from the Knocknatubbrid watercourse. This earth bank will remain fully intact during all site works. A short relatively dry drainage ditch, located in the northwestern corner of the site, is the single over ground pathway to connect proposed works with the Knocknatubbrid watercourse. A Construction Environmental Management Plan (CEMP) (contained in Appendix 5) forms part of this proposal and will be followed during all stages of construction and landscaping to prevent inadvertent contamination of surface waters and groundwaters. With the CEMP in place prior to construction commencing, and for the entire duration of works, it is anticipated that the impact of contaminated runoff to the adjacent watercourse, to the nearby Natura site or to groundwaters will be indiscernible. Operation As current effluent loading is at design capacity in the adjacent WWTP (80 pe), the existing Plant would not have capacity to accept the loading that would be generated from the proposal. Carlow County Council are currently examining funding options to either upgrade the existing Plant or provide an adequate stand-alone Plant. Any such upgrade or new wastewater treatment plant will be subject to Appropriate Assessment. The proposed housing development will not be fully operational until a satisfactory wastewater treatment plant is available to accept its wastewater loading. As a result, no indirect impacts on the water quality of the SAC downstream are anticipated from the proposed development during its operational phase. Excavation and The proposed development will involve site clearance, excavation and earth movement Transportation works which will generate silt-laden waters, potentially risking discharge of silt-laden site requirements; runoff to nearby watercourse, which discharges to the protected waters of the Slaney River c. 860m downstream. Silt can negatively impact on the qualifying species Salmon by clogging spawning beds, and juvenile Salmonids are especially sensitive to siltation of gill structures. In addition, the qualifying species Lamprey require clean gravels in which to spawn. Plant and macro-invertebrate communities can be blanketed over, leading to loss or degradation of valuable habitat. The CEMP included in Appendix 5 details best practices that will be incorporated into construction methods which will fully offset potential construction-related impacts to adjacent watercourse and consequently the protected Slaney River downstream.

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There are no particular concerns in relation to transportation requirements associated with the proposed development and the Natura 2000 site in question. Duration of It is estimated that construction would take between 12 to 18 months to complete. Given construction, that potential indirect impacts to the SAC during construction will be negligible with the operation, implementation of the CEMP, duration of construction will not affect level of impact. decommissioning, etc.; No long-term negative impacts are predicted on the SAC from the proposed development during the operational phase. Other. None. Describe any likely changes to the site arising as a result of: Reduction of habitat There will be no reduction in habitat area within the Natura site as a result of the proposed area; development. Disturbance to key No disturbance to key species of the SAC will arise from the proposal. species; Habitat or species There will be no habitat or species fragmentation within the Natura site as a result of the fragmentation; proposed development. Reduction in species There will be no reduction in species density as a result of the proposed development. density; Changes in key The incorporation of good work practices as detailed in the CEMP (Appendix 5) during indicators of construction will protect groundwaters and surface waters. The proposed development will conservation value not connect to the adjacent WWTP until the Plant is either adequately upgraded or replaced. (water quality etc.); No changes to the water quality of the Natura 2000 site therefore are anticipated as a result of this proposal either in the short or long term. Climate change. Not applicable. Describe any likely impacts on the Natura 2000 site as a whole in terms of: Interference with the The proposed development will not interfere with the key relationships that define the key relationships that structure of the Natura site. define the structure of the site; Interference with key The proposed development will not interfere with the key relationships that define the relationships that function of the Natura site. define the function of the site. Provide indicators of significance as a result of the identification of effects set out above in terms of: Loss; Not applicable. Fragmentation; Not applicable. Disruption; Not applicable. Disturbance; Not applicable. Change to key No negative effects are foreseen on the water quality of the adjacent watercourse nor on the elements of the sites River Slaney downstream as a result of the proposed development. (e.g. water quality etc.).

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Describe from the above those elements of the project or plan, or combination of elements, where the above impacts are likely to be significant or where the scale or magnitude of impacts is not known. No significant adverse effects on the Slaney River Valley SAC alone or in combination with other projects are anticipated as a result of the proposed development.

4.2 FINDING OF NO SIGNIFICANT EFFECTS MATRIX Name of project or Proposed Housing Development, Ardattin village, Co. Carlow. plan Name and location of Slaney River Valley SAC (Slaney River), located c.1.8km downstream of the proposed site. Natura 2000 site Description of the Construction of 12-unit housing development comprising terraced single storey dwellings, project or plan carparking, access roads, footpaths, connection to services, green spaces, and associated site works. The housing development will not be occupied until the adjacent existing WWTP is upgraded to provide adequate capacity to handle increased loading, or until a standalone WWTP is constructed and commissioned. Is the project or plan No directly connected with or necessary to

the management of the site (provide details)? Are there other In accordance with the EC guidance document on conducting Appropriate Assessment (EC, projects or plans that 2001), other projects or plans in the area must be considered in combination with the together with the proposed development to determine the potential for having any significant cumulative project or plan being effects on the Natura 2000 site. A search of granted planning applications within Ardattin assessed could affect and its environs within the last 5 years (from Carlow County Council planning websites) the site (provide was undertaken. No other developments were granted planning within the search area in details)? recent years. The operation of the CEMP during construction will ensure that the proposed development alone will not have any adverse effects on the water quality of the River Slaney downstream or on groundwaters during the construction phase. It is a policy of Carlow County Council Development Plan 2015 – 2021 that waste water treatment infrastructure will fully comply with the requirements of the Urban Waste Water Treatment Directive (Council Directive 91/271/EEC) (amended by Directive 98/15/EEC) and will be operational, with adequate capacity to accommodate waste water arising from development, prior to developments being occupied. This policy will ensure that the upgrade to the adjacent WWTP will be undertaken and fully operational prior to increased loading from the proposed housing development. Additionally, Heritage Policy 2 of the Plan specifies that water supply & abstraction, and wastewater projects, and any associated improvement works or infrastructure are subject to Appropriate Assessment. This policy will ensure that any upgrade on the WWTP will be adequate to ensure no negative cumulative impacts arising from wastewater loading from the proposed development on the receiving SAC. No significant negative cumulative or in-combination effects are therefore anticipated on the Slaney River Valley SAC downstream either during construction or operational stages.

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The assessment of significance of effects Describe how the A CEMP will be in operation during all phases of construction to ensure the protection of project or plan (alone the water quality of the adjacent watercourse and the River Slaney downstream with or in combination) is resultant risks to water quality of the Slaney River Valley Slaney SAC predicted to be low. likely to affect the Details of treatment of wastewater from the development are not yet finalized. Carlow Natura 2000 sites County Council are currently examining funding options to either upgrade the existing Plant or provide an adequate stand-alone Plant. . Explain why these With the incorporation of good work practices as detailed in the CEMP, indirect effects on effects are not the water quality of the Slaney River Valley SAC with knock-on impacts on its water- considered significant. dependent qualifying species are predicted to be negligible. The proposed housing development will not be occupied until the wastewater treatment plant is upgraded satisfactorily to accept increased loading, or until a standalone WWTP of adequate capacity is constructed. No indirect impacts on the water quality of the SAC downstream are anticipated from the proposed development during its operational phase

List of agencies Inland Fisheries Ireland. consulted: provide Mr. Donnachadh Byrne, Senior Fisheries Environmental Officer, Inland Fisheries Ireland, contact name and 3044 Lake Drive, Citywest Business Campus, Dublin 24. telephone or e-mail

address. Response to Full letter of consultation in Appendix 4. In brief, the IFI requested: consultation.  the applicant demonstrate that there is adequate capacity in the Ardattin Waste Water Treatment System.  The applicant demonstrate that there is adequate assimilative capacity in the small watercourse to which the Ardattin WWTP ultimately discharges to.  Systems be put in place during the construction phase to prevent contaminated emissions to the adjacent watercourse. Response: Carlow County Council accepts that the existing WWTP is currently operating at capacity and are currently examining funding options to either upgrade the existing Plant or provide an adequate stand-alone Plant to service the proposed development. In accordance with existing policy in the County Development Plan and current legislation, any such upgrade or new wastewater treatment plant will be operational, with adequate capacity to accommodate waste water arising from development, prior to the development being occupied. A CEMP, included in Appendix 5 of this report, includes environmental safeguarding measures to protect the adjacent watercourse during all phases of construction.

Data collected to carry out the assessment Who carried out this Lisa Dowling BSc (Hons.) MSc (Ag.) MCIEEM assessment?

Sources of data Data collected during site visit. Ordnance survey historical mapping.

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Ordnance survey aerial photography. NPWS site synopsis, objectives, data forms. NPWS conservation designation mapping. EPA surfacewater monitoring data. Ardattin Waste Water Discharge Certificate of Authorisation (A0226-01). Carlow County Council Planning website. NIS of the Carlow County Development Plan 2015-2021. Level of assessment Desktop assessment and habitat assessment of site. completed Where can the full Full results of this assessment are contained within this Screening Report. This Report will results of the be available at Carlow County Council offices as part of Part VIII planning. assessment be accessed and viewed?

5 SCREENING STATEMENT In order to determine the potential impacts, if any, of the proposed new housing development in Ardattin village, Co. Carlow on the Slaney River Valley SAC nearby, Appropriate Assessment Screening was undertaken. The housing development will not be operational until the adjacent WWTP has been adequately upgraded or until a satisfactory stand-alone WWTP is provided. In view of best scientific knowledge, and in consideration of the conservation objectives of the Natura site, Lisa Dowling MCIEEM has ascertained that the proposed development will not, in the absence of any mitigation, result in any likely significant effects on the identified Natura 2000 site, either during construction or operational phases, either alone or in combination with other projects or plans. It is concluded that as no significant effects are foreseen on the conservation interests of the Slaney River Valley SAC, this project may be excluded from the Appropriate Assessment process. There is no necessity to undertake a Stage 2 Appropriate Assessment.

Lisa Dowling MCIEEM November 2019 12 AA Screening of Proposed Housing Development, Ardattin, Co. Carlow Table 4.1: Predicted Impacts on Qualifying Interests of Slaney River Valley SAC

Qualifying Interest [Code] Conservation Objectives: Targets Distance from project site Does the project have Likelihood the potential to of Impact interact with this Qualifying Interest

Freshwater pearl mussel (Margaritifera The status of M. Margaritifera as a qualifying species for the SAC is currently Low numbers recorded in Slaney Yes via indirect effects Unlikely margaritifera) [1029] under review and as such specific targets have not been issued for this SAC. River d/s of its confluence with on water quality. The species is sensitive to any decline in water quality and sedimentation. As Derry River in early 90’s there are historical records for the mussel downstream of the site, potential (Moorkens, 2000) c.11km d/s. impacts on this qualifying interest cannot be ruled out. This population unlikely to be extant.

Sea lamprey (Petromyzon marinus) Targets include channel accessibility from estuary and no decline in spawning Potentially in Slaney River as Yes via indirect effects Unlikely [1095] beds (clean gravels). known in Derreen River upstream on water quality. (King and Linnane, 2004).

Brook lamprey (Lampetra planeri) Known in the Slaney River (King Yes via indirect effects Unlikely [1096] and Linnane, 2004). on water quality.

River lamprey (Lampetra fluviatilis) [1099]

Twaite shad (Alosa fallax) [1103] Targets include 75% of main channel accessible from estuary, no decline in Anecdotally known only No None extent & distribution of spawning habitats and maintenance of stable gravel downstream of King’s Island in substrate with very little fine material. the Slaney estuary (King and Linanne, 2004) >47km downstream.

Atlantic salmon (Salmo salar) (only in Targets include no decline in number and distribution of spawning redds due to Salmon are known throughout the Yes via indirect effects Unlikely fresh water) [1106] anthropogenic causes, accessibility of channel from estuary, and at least Q4 at Slaney catchment. on water quality. all sites sampled by EPA.

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Table 4.1 Cont’d

Otter (Lutra lutra) [1355] Targets include no significant decline in distribution, no decline in distribution Records for the River Slaney Yes via indirect Unlikely of habitat (terrestrial, freshwater & marine) and no decline in fish biomass 1.8km downstream of the effects on water availability. proposed site. May use the quality and food adjacent stream for foraging supply. purposes.

Estuaries [1130] Targets for these habitats would not be influenced by the project as these >40km downstream. No None

Mudflats and sandflats not covered by qualifying habitats are a considerable distance downstream of the site (>30km) seawater at low tide [1140] and dominated by maritime influences.

Harbour Seal Targets for this qualifying interest would not be influenced by the project as Nearest known locations c. 70km No None this species, when ashore occurs in sheltered bays, inlets and enclosed downstream. estuaries, and is subject to maritime influences.

Water courses of plain to montane Targets include maintenance of appropriate hydrological regimes, maintenance Exact distribution within SAC Yes via indirect Unlikely levels with the Ranunculion fluitantis of sufficiently low concentration of suspended solids, and maintenance of unknown. Subtype Callitricho‐ effects on water and Callitricho-Batrachion vegetation sufficiently low nutrient levels in the water column. Batrachionthe was found in Derry quality. [3260] Rivers.

Old sessile oak woods with Ilex and Targets for these habitats would not be impacted by the project as these Not hydrologically linked to site. No None Blechnum in British Isles [91A0] qualifying interests are chiefly terrestrial in nature, and are not hydrologically Alluvial forests with Alnus glutinosa linked to the proposed site. and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0*]

Lisa Dowling MCIEEM November 2019 14

6 BIBLIOGRAPHY

DEHLG. 2010. Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities. (Draft). EC. 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.

EPA. 2010. Waste Water Discharge Certificate of Authorisation (A0226-01): Ardattin Agglomeration. 29/011/2010. EPA 2019. Current River Quality Data. www.epa.ie website, download date 18/04/19.

Fossitt, J. 2000. A Guide to Habitats in Ireland. The Heritage Council. 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. Moorkens, E. A. 2000. Conservation Management of the Freshwater Pearl Mussel Margaritifera margaritifera. Part 2: Water Quality Requirements. Irish Wildlife Manuals, No. 9. NPWS. 2011. Conservation Objectives: Slaney River Valley SAC 000781. Version 1.0. Department of Arts, Heritage and the Gaeltacht. 21st October 2011. NPWS. 2015. Site Synopsis for the Slaney River Valley SAC (000781) (www.npws.ie). Version date: 11.12.2015 (000781_Rev15.Doc).

NPWS Natura 2000 Standard Data Form for the Slaney River Valley SAC (000781) (www.npws.ie). Sharpston, E. (EU Advocate General). 2013. Judgement of the Court (Third Chamber) of 11 April 2013. T.C. Briels and Others v Minister van Infrastructuur en Milieu. Reference for a preliminary ruling: Supreme Court - Ireland. Environment - Directive 92/43/EEC - Article 6 - Conservation of natural habitats - Special areas of conservation - Assessment of the implications for a protected site of a plan or project - Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site concerned - Lough Corrib site - N6 Galway City Outer Bypass road scheme. Case C-258/11. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62011CJ0258. Sharpston, E. (EU Advocate General). 2014. Judgement of the Court (Second Chamber) of 15 May 2014. T. C. Briels and Others v Minister van Infrastructuur en Milieu. Reference for a preliminary ruling: Raad van State - Netherlands. Environment - Directive 92/43/EEC - Article 6(3) and (4) - Conservation of natural habitats - Special areas of conservation - Assessment of the implications for a protected site of a plan or project - Authorisation for a plan or project on a protected site - Compensatory measures - Natura 2000 site Vlijmens Ven, Moerputten & Bossche Broek - Project on the route of the A2 ‘s-Hertogenbosch-Eindhoven motorway. Case C-521/12. Smith, G.F., O’Donoghue, P., O’Hora, K. and E. Delaney. 2011. Best Practice Guidance for Habitat Survey and Mapping. The Heritage Council. Stace, C. 2010. New Flora of the British Isles. 3rd Ed. Cambridge University Press. Sweeney, P. 2010. Appropriate Assessment of Biological Impacts of Ardattin WWTP on Special Area of Conservation 002162. August 2010. Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive).

Council Directive 79/409/EEC of 2 April 1979 on the Conservation of Wild Birds (Birds Directive).

S.I. No. 477 of 2011. European Communities (Birds and Natural Habitats) Regulations 2011.

APPENDICES

APPENDIX 1: PRINCIPAL STAGES OF THE APPROPRIATE ASSESSMENT PROCEDURE

Stage One: Screening – the process which identifies the likely 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.

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.

From “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” (EC, 2001).

APPENDIX 2: PROPOSED SITE LAYOUT PLAN

APPENDIX 3: PHOTOPLATES

P1. Proposed site from SE corner in a northerly direction. P2. Footprint of proposed access road in a westerly direction.

P3. Drainage ditch at NW corner of site.

APPENDIX 4: RESPONSE FROM INLAND FISHERIES IRELAND

Lisa Dowling, 5 Friars Lough Leighlinbridge Co. Carlow

April 23, 2019

Stage 1, Appropriate Assessment Screening: Proposed Part VIII Housing Development, Ardattin, County Carlow.

Dear Ms. Dowling,

With reference to the above proposed development, the site borders a small tributary of the Slaney River and the main channel of the Slaney SAC is in close proximity to the site. The Slaney River is a salmonid water with good populations of salmon, brown trout and sea trout. The River Slaney is a designated River under the European Communities (Quality of Salmonid Waters) Regulations 1978, the entire main channel River and many tributaries (including the Little Slaney) are candidate Special Area for Conservation (SAC) under the European Habitats Directive. The River supports several species listed in Annex II of the Directive including Salmon, River Lamprey, Brook Lamprey and Sea Lamprey.

As you are aware, IFI is charged with the protection, conservation and promotion of fisheries within our functional area. Board policy is aimed at maintaining a sustainable fisheries resource through preserving the productive capacity of fish habitat by avoiding habitat loss, or mitigating harmful alteration to habitat. Projects such as this, have the potential to impact on downstream fisheries resources if they are not carried out in an environmentally sensitive manner.

Of concern to IFI is whether there is adequate capacity in the Ardattin Waste Water Treatment Plant to which this development will be connected. Our understanding is that the Ardattin WWTP discharges to a small tributary of the Slaney via a raised percolation area. IFI request that the applicant demonstrate that there is adequate assimilative capacity in the wwtp and also in the small Slaney tributary to which the WWTP discharges.

The following observations and comments are of necessity of a general nature, as construction proposals and method statements are not as yet available. While they apply to the proposed development in general, the waters in fisheries terms likely to be impacted act primarily as contributories to downstream habitat for juvenile salmonids, lampreys and other species as well as macrophytes, algae and macro-invertebrates which as drift form a significant part of the food supply to the downstream fisheries of the Slaney River. They also, in the context of the proposed works, have the potential to convey deleterious matter from those works such as concrete, silt, fuel, lubricating and hydraulic oils from construction plant and equipment downstream unless proper safeguards are in place. IFI request you have particular regard to the following in the planning stage of the proposed development.

Uncured concrete can kill fish and macro-invertebrates by altering the pH of the water. Extra care should be used when using concrete on site, to eliminate the risk to all forms of aquatic life. When cast-in-place concrete is required, all work must be done in the dry and effectively isolated from any water that may enter the drainage network for a period sufficient to cure the concrete. Concrete delivery vehicles should be precluded from washing out at such location as would result in a discharge to surface waters. If bagged cement is stored on-site during construction work, it should be held in a dry secure area when not in use.

One of the potential impacts of the proposed development is the discharge of silt-laden waters to fisheries streams where earth moving and excavation works are on-going. Silt can clog salmonid spawning beds, and juvenile salmonids are particularly sensitive to siltation of gill structures. Similarly, plant and macro-invertebrate communities can literally be blanketed over, and this can lead to loss or degradation of valuable habitat. It is important to incorporate best practices into construction methods and strategies to minimise discharges of silt/suspended solids to waters.

The potential for soil erosion/suspended solids generation is higher, during/after periods of prolonged rainfall. Systems should be put in place to ensure that there shall be no discharge of suspended solids or any other deleterious matter to watercourses during the construction/operational phase and during any landscaping works.

All oils and fuels should be stored in secure bunded areas, and particular care and attention should be taken during refuelling and maintenance operations on plant and equipment. Bunding should be to a volume not less than the greater of the following; 110% of the capacity of the largest tank or drum within the bunded area, or 25% of the total volume of substance that could be stored within the bunded area. All plant and equipment should carry oil/fuel spill kits. Where site works involve the discharges of drainage water to receiving rivers and streams, temporary oil interceptor facilities should be installed and maintained.

Our concerns include:

 We request that the applicant demonstrate that there is adequate capacity in the Ardattin Waste Water Treatment System.  We also request that the applicant demonstrate that there is adequate assimilative capacity in the small watercourse to which the Ardattin WWTP ultimately discharges to.  We note that a small watercourse borders the site of this development and we request clarification regarding the buffer zone along this watercourse to protect the associate riparian habitat.  IFI request an undertaking that this watercourse will be maintained and that there will be no culverting or infill along the course of this watercourse.  Systems should be put in place to ensure that there shall be no discharge of suspended solids or any other deleterious matter to watercourses during the construction phase and during any landscaping works, even during periods of prolonged heavy rainfall.  Given the proximity of the River the pollution threat from concrete and concrete/cement washings is significant. Good housekeeping is of the utmost importance while using concrete or cement near watercourses.  All fuel & oil tanks must be adequately bunded.  Fuels, oils, greases and hydraulic fluids must be stored in bunded compounds well away from the watercourse.  Refuelling of machinery must be carried out in bunded areas.  All waste oil, empty oil containers and other hazardous wastes are disposed of in conjunction with the requirements of the Waste Management Act 1996.  Only clean, uncontaminated storm water shall be discharged to a soak-away system or to surface water.

Yours sincerely

Donnachadh Byrne Senior Fisheries Environmental Officer

Please note that any further correspondence regarding this matter should be addressed to Mr. Donnachadh Byrne, Senior Fisheries Environmental Officer, Inland Fisheries Ireland, 3044 Lake Drive, Citywest Business Campus, Dublin 24

AA Screening of Proposed Housing Development, Ardattin, Co. Carlow CEMP-Appendix 5

APPENDIX 5: CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN (CEMP)

Introduction This CEMP details good housekeeping measures to be undertaken during site clearance, construction and landscaping phases of the proposed Part VIII housing development at Ardattin, Co. Carlow. The primary objective of the CEMP is to detail measures to control and prevent loss of suspended solids or other pollutants indirectly to the freshwater habitats of the adjacent stream and to the protected River Slaney downstream of the site. Project Description The proposed works will comprise construction of 12 No. dwellings with associated driveways and rear gardens, 2 No. green open spaces, new connections to existing public water supply, new soakpits, access road, footpaths, and associated site works. Location The proposed site is located on the western edge of Ardattin village in Co. Carlow.

Planning Context The housing development is proposed by the Housing Dept. of Carlow County Council as a Part VIII development. Environmental Baseline A small watercourse (Knocknatubbrid) runs along the northern boundary of the proposed site within the adjacent field. This stream is a feeder stream of the River Slaney which is designated as part of the Slaney River Valley SAC c. 1.8km downstream of the proposed site. There is no EPA monitoring data for the adjacent watercourse. The Slaney directly downstream of its confluence of the Knocknatubbrid was found to have a moderate biological water quality (Q-value 3-4) when independently assessed in 2010 as part of an Appropriate Assessment prepared for the adjacent WWTP. Environmental Management  Roles and responsibilities A copy of this Plan should be held by the company contracted to undertake construction works. Carlow County Council are responsible for ensuring that all measures are undertaken as necessary throughout construction and landscaping phases, and that contracted personnel are fully briefed regarding their importance given the close proximity with a feeder stream of the protected River Slaney.  Regulations and requirements European Communities (Birds and Natural Habitats) Regulations (S.I. No. 477 of 2011). It is required that potential impacts on the SAC downstream be minimised during all construction/landscaping phases in order to avoid adverse effects on the water quality of the adjacent stream or that of the Natura site downstream by the project alone or cumulatively with other projects.

Lisa Dowling November 2019 CEMP 1 of 3

AA Screening of Proposed Housing Development, Ardattin, Co. Carlow CEMP-Appendix 5 Environmental Impacts  Surface water The single pathway for potential construction-related impacts to Knocknatubbrid watercourse and R. Slaney downstream is via the small drainage ditch in the north-western corner of the site. The risk of potential silt-contaminated runoff arising during construction works is regarded as low without mitigation. The potential for soil erosion/suspended solids generation is higher, during/after periods of prolonged rainfall. Silt can clog salmonid spawning beds, and juvenile salmonids are particularly sensitive to siltation. Similarly, plant and macro-invertebrate communities can literally be blanketed over, and this can lead to loss or degradation of valuable habitat.  Groundwater The risk of contamination of groundwaters is considered minor given the scale of works involved. Nevertheless, given the sensitivity of adjacent habitat, measures will be undertaken to ensure no loss of pollutants to groundwaters.  Natura 2000 The risk of potential contaminated runoff entering the adjacent terrestrial and freshwater habitats of the adjacent stream is considered low. Contaminated runoff could lead to cumulative negative effects on the water quality of the Slaney River Valley SAC downstream of the site. Environmental Mitigation Measures  Groundwater  Measures will be undertaken to protect groundwaters from fuels/oils etc as detailed below.

 Surface water Reduction and Prevention of Pollution from Suspended Solids and Soils  A 5m fenced buffer zone will be established from the Earth Bank which forms the northern site boundary prior to any site clearance works taking place. This fenced area will remain for the duration of construction and landscaping phases. No site works, vehicular activity nor stockpiling of any materials will be permitted within this buffer zone in order to prevent soils/silt-contaminated runoff entering the nearby watercourse or adjacent drain.

 A silt trap (e.g. 2 small rectangular straw bales) will be positioned in the drainage channel to ensure no loss of silt-laden runoff to the Knocknatubbrid watercourse downstream of the site.

 All temporary stockpiles of soils, sands and gravels will be sited away the northern site boundary and buffered zone. All stockpiles will be covered by sheeting to reduce the generation of silt-laden runoff.

 Site clearance and earthworks will be delayed until shortly before construction begins to reduce the window for generation of silt-laden runoff.

Lisa Dowling November 2019 CEMP 2 of 3

AA Screening of Proposed Housing Development, Ardattin, Co. Carlow CEMP-Appendix 5 Reduction and Prevention of Contamination from other Pollutants  When cast-in-place concrete is required all work will be done in the dry and isolated from any water that may enter the drainage network for a period sufficient to cure the concrete. Wash down water from exposed aggregate surfaces and cast- in place concrete will be trapped on site to allow sediment to settle out and reach neutral pH before clarified water is allowed to percolate to ground.  Concrete delivery vehicles will be precluded from washing out at or in the environs of the site, or at such a location as would result in discharge to surface waters.  If bagged cement is stored on site during construction, it will be held in a dry secure area when not in use.  Raw or uncured waste concrete should be disposed of by removal from the site in a manner that will not impact on any watercourse.

 Chemicals and hazardous  Fuels, lubricants and hydraulic fluids for equipment used on the site will be carefully handled to avoid spillage, properly materials secured against unauthorised access, and stored in bunded compounds.  Particular care and attention should be taken during refuelling and maintenance operations on plant and equipment.  Bunding should be to a volume not less than the following: 110% of the capacity of the largest tank or drum within the bunded area, or 25% of the total volume of substance that could be stored within the bunded area.  All plant and equipment should carry oil/fuel spill kits.  All waste oils, empty oil containers and other hazardous wastes will be disposed of in accordance with the Waste Management Act 1996.

Lisa Dowling November 2019 CEMP 3 of 3