February 2019

Preliminary Ecological Appraisal

Proposed N24 Tower Road Junction REGAN ʹ Improvement Scheme

Atkins Ireland Ltd, , Co. Kilkenny

MALONE O MALONE

Form ES - 04

Ground Floor – Unit 3 Bracken Business Park Bracken Road, Sandyford 18, D18 V32Y Tel: +353- 1- 567 76 55 Email: [email protected]

Title: Preliminary Ecological Appraisal, Proposed N24 Tower Road Junction Improvement Scheme, Atkins Ireland Ltd, Piltown, Co. Kilkenny

Job Number: E1479

Prepared By: Allison Flaherty Signed:______

Checked By: Dyfriq Hubble Signed:______

Approved By: Klara Kovacic Signed:______

Revision Record

Issue Date Description Remark Prepared Checked Approved No.

00 23/01/19 Report Draft AF DH KK

01 04/02/19 Report Review AF DH KK

02 06/02/19 Report Final AF DH KK

Copyright and Third-Party Disclaimer MORES has prepared this report for the sole use of our client (as named on the front the report) in accordance with the Client’s instructions using all reasonable skill and competence and generally accepted consultancy principles. The report was prepared in accordance with the budget and terms of reference agreed with the Client and does not in any way constitute advice to any third party who is able to access it by any means. MORES excludes to the fullest extent lawfully permitted all liability whatsoever for any costs, liabilities or losses arising as a result of or reliance upon the contents of this report by any person or legal entity (other than the Client in accordance with the terms of reference). MORES has not verified any documents or information supplied by third parties and referred to herein in compiling this document and no warranty is provided as part of this document. No part of this report may be copied or reproduced without express written confirmation from MORES. Any methodology contained in this report is provided to the Client in confidence and must not be disclosed or copied to third parties without the prior written agreement of MORES. Disclosure of such information may constitute an actionable breach of confidence or may otherwise prejudice our commercial interests. Third parties who obtains access to this report by any means, including disclosure by the Client, will be subject to the Copyright and Third Party Disclaimer contained herein Preliminary Ecological Appraisal February 2019 Proposed N24 Tower Road Junction Improvement Scheme Atkins Ireland Ltd, Piltown, Co. Kilkenny

Preliminary Ecological Appraisal Proposed N24 Tower Road Junction Improvement Scheme Atkins Ireland Ltd, Piltown, Co. Kilkenny

Contents

1 INTRODUCTION ...... 1 Background ...... 1 Purpose and Scope of the Report ...... 1 Site Context and Description ...... 1 Proposed Works ...... 2 2 METHODOLOGY ...... 3 Desk Based Studies ...... 3 Field Based Assessment ...... 3 3 RESULTS ...... 4 Desk Study Results ...... 4 Field Survey ...... 5 Species ...... 7 4 RECOMMENDATIONS ...... 10 Bats ...... 10 Badgers ...... 10 Invasive Species ...... 10 Nesting Birds ...... 11 5 CONCLUSIONS ...... 12 6 REFERENCES ...... 13

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FIGURES Figure 1-1: Site Location ...... 1 Figure 3-1: Site Location and Natura 2000 Designated Sites within 10km ...... 4 Figure 3-2: Watercourses in the vicinity of the Site ...... 5 Figure 3-3: Habitat Map ...... 6 TABLES Table 3-1: Natura 2000 Designated Sites within 15km of the Site ...... 4 Table 3-2: Site Location and Proposed Natural Heritage within 5km ...... 5

APPENDICES Appendix A: Proposed Site Layout

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1 INTRODUCTION

Background Malone O’ Regan Environmental (MOR) were commissioned by Atkins to prepare a Preliminary Ecological Appraisal for the proposed N24 Tower Road Junction Improvement Scheme in Piltown, Co. Kilkenny (OS Reference S 449 225). The location of the proposed development (“the Site”) is shown in Figure 1-1. Figure 1-1: Site Location

Purpose and Scope of the Report This preliminary ecological appraisal provides a summary of the ecological field surveys. The Site walkover was undertaken on May 21st 2018 by MOR Ecologists. The potential ecological constraints associated with the proposed development of the Site are detailed below and illustrated in the habitat map attached to this document. The constraints are based on both a desk based assessment and a preliminary Site walkover. This report details the methods adopted, the results of the baseline survey work undertaken, and includes recommendations in relation to further survey works required, outline mitigation measures and outline enhancement measures for these species where appropriate.

Site Context and Description The Site, which is ca. 12ha in size, is located ca. 1.76km north west of the Kilkenny, , County Border, along the National N24 Road directly west of Pilltown, Co. Kilkenny, ca. 3.2km north east of Carrick-on- Suir, Co. Tipperary and 6.4km northwest of Portlaw, Co. Waterford within a predominantly rural landscape (refer to Figure 1-1).

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The Site is comprised of a section of the N24 , along with associated hard shoulders, dry grassy verges, and connecting local road infrastructure including L3432 Tower Road, L1038 and L1039. The Site also includes the lands immediately surrounding the N24, which are comprised predominantly of agricultural fields. The majority of the fields comprise grasslands, which at the time of the survey were being used for grazing livestock and are comprised of a short grass sward. Areas of scrub were also noted within the Site Boundary. Proposed Works The proposal scheme entails the improvement of the N24 National Primary Route between the N24 Junction with the LS5010 Garrynarea Road and the eastern leg of the R698 compact grade-separated junction at Fiddown. As part of the works, it is proposed to: • Closure of the Ink Bottle Junction; • Provide a new compact grade-separated junction and associated overbridge at the Tower Road Junction; • Create a new link road and roundabout at Tower Road Junction in order to facilitate the closure of the Ink Bottle; • Provide provision of footpaths and cycle facilities at Tower Road Junction; • Upgrade the current 2+1 N24 Road to two lanes in both directions on the N24 through the Tower Road Junction; • Hard and soft landscaping; • Installation of road markings and signage; • Public lighting improvements; • Development of a surface water drainage system; and, • Accommodation works for land owners. The project will aim to commence construction in mid-2020 with the opening of the new junction in 2021/2022 permitting planning approvals. The construction phase is expected to last for an approximate period of 12 months. The construction phase is to involve the following stages: • Pre-earthworks: fencing of study-area boundary, study-area clearance, topsoil strip; • Earthworks: cut and fill, borrow to fill, cut to tip, capping; • Drainage and Services: pre-earthworks, temporary earthworks, carriageway drainage, services and footpaths; • Structures: foundations, sub-structures, superstructures, finishing; • Carriageway: sub base construction, road base, wearing course, footpath construction; and, • Finishings: traffic signs, road markings, safety fencing. The proposed Scheme Layout is illustrated in Appendix A. Full details of the proposed development are provided within the Planning Report which has been submitted as part of the planning application to Kilkenny County Council.

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2 METHODOLOGY Desk Based Studies A desk-based review of information was completed, which included the following sources of information: • The National Parks and Wildlife Service (NPWS) website was consulted to obtain the most up to date detail on conservation objectives for the Natura 2000 sites relevant to this assessment (National Parks and Wildlife Service, 2019); • The National Biodiversity Data Centre (NBDC) website was consulted with regard to species distributions (National Biodiveristy Data Centre, 2019); • The EPA Envision website was consulted to obtain details about watercourses in the vicinity of the Site (http://gis.epa.ie/Envision/) (EPA, 2019); and, • The EPA Catchments website was also consulted to obtain details about watercourses in the vicinity of the Site (https://www.catchments.ie/maps/) (EPA, 2019). Field Based Assessment A site walkover survey was undertaken by MOR ecologists on the 21st May 2018 to gain a better understanding of the receiving environment and to identify any sensitive environmental receptors. During the survey the habitats present onsite were identified and classified utilising Fossit’s Guide (Fossitt, 2000). The survey was extended to identify the presence of notable / protected species within the study area.

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3 RESULTS Desk Study Results 3.1.1 Statutory Protected Site There are four statuary protected Sites within 15km of the Site (Refer to Table 3-1 & Figure 3- 1). Table 3-1: Natura 2000 Designated Sites within 15km of the Site Site Name Site Code Distance Direction

Special Area of Conservation

Lower River Suir SAC 002137 570m SE Hugginstown Fen SAC 000404 10.4km NE Comeragh Mountains SAC 001952 14.8km SW River Barrow and River Nore SAC 002162 14.4km NE

Figure 3-1: Site Location and Natura 2000 Designated Sites within 10km

A separate Appropriate Assessment (AA) screening report has been submitted as part of the overall planning submission which assesses potential impacts on Natura 2000 Sites. 3.1.2 Nationally Protected Sites There are no Natural Heritage Areas (NHA) located within 5km of the Site. (Refer to Table 3- 2). Three proposed Natural Heritage Area are Located within 5km of the Site.

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Table 3-2: Site Location and Proposed Natural Heritage within 5km Site Name Site Code Distance Direction Proposed Natural Heritage Area River Suir Below Carrick-On-Suir 000655 1.6km SW Tibberaghny Marshes 000411 0.75km S Fiddown Island 000402 2.3Km SE 3.1.3 Watercourses in the vicinity of the Site The Garrynarea River is located ca. 280m north east of the proposed Site and is the nearest hydrological feature of note to the Site. The river flows in a south easterly direction and is a tributary of the River Pil_16, which it joins ca. 700m east of the Site. The River Pil forms part of the Lower River Suir SAC and flows in a southerly direction for ca. 2.1km before discharging into the River Suir. The River Suir, which is a designated Special Area of Conservation (SAC) flows in a south easterly direction, and eventually discharges to Waterford Harbour ca.28km downstream of the Site. The location of key local surface water features are presented in Figure 3-2. Figure 3-2: Watercourses in the vicinity of the Site

Field Survey 3.2.1 Habitats The proposed Site is comprised of a section of the N24 National Primary Road, along with associated hard shoulders, dry grassy verges, and connecting local road infrastructure including L3432 Tower Road, L1038 and L1039. The proposed Site includes the lands immediately surrounding the N24, which are predominantly comprised of agricultural fields.

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The majority of the fields comprise a short grass sward, which at the time of the survey were being used for grazing livestock (See Figure 3-3 Habitat Map). No protected areas or habitats were identified with the survey area. The habitat types encountered are common and widespread both locally and nationally. 3.2.2 Flora and Fauna The Site walkover did not identify any protected or other notable species. Given that the proposed development works are likely to be confined to areas of managed grassland and extensive areas of existing road infrastructure, it is considered unlikely that it would support protected or otherwise notable plant species. The current proposal will require the removal of small sections of managed hedgerow. In order to compensate for the loss / removal of these sections additional hedge planting should be included in the designs to compensate for this loss. No invasive species such as Japanese Knotweed (Fallopia japonica) were noted during the Site walkover. No habitats of ecological significance are located at this location and the works will not encroach on any protected areas. Based upon the Site survey, the Site is considered to be of low biodiversity value and the proposed development is unlikely to result in any significant impacts. The extent of the habitats, and specific species identified during the survey are shown in Figure 3-3. The Site survey also aimed at identifying the presence / potential presence of notable and or protected species of fauna. The initial Site survey identified the following: • Evidence and potential for bird nesting within trees and vegetated areas; • Evidence and potential of badger activity was noted in close proximity to the existing road; and • Evidence and potential of bat roosting in close proximity to the existing road. Figure 3-3: Habitat Map

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Species 3.3.1 Bats A small number of mature trees are located on the Site and on the boundary of the Site. A number of these mature trees were noted as having features that are suitable for roosting bats (TN1). The current proposal for the development of the slip road to the north of the N24 will result in either direct impacts to the trees marked as TN1A and / or the network of hedgerows connecting these trees to hedgerows within the wider area. Given the potential for these trees to support roosting bats and the legal protection afforded to bats (please see below), these trees must be surveyed to confirm presence or absence of roosting bats. Should roosting bats be identified, a derogation licence will be required for the works that could result in an impact to a known roost in advance of the works. In addition, the onsite habitats provide foraging opportunities for bats with the network of hedgerows providing good connectivity within the wider landscape. The design and works will need to take into account the potential presence of roosting and commuting bats within the wider area and the lighting design should be designed in a sympathetic manner. Outline recommendations are provided below. Legislative Context All Irish bats species are protected by law under the Wildlife Act 1976 and its subsequent amendments. They are afforded full protection under this act, which makes it a criminal offence for anyone without a licence to: • Kill, injure or handle a bat; • Possess a bat (whether alive or dead); • Disturb a roosting bat; and, • Damage, destroy or obstruct access to any place used by bats for shelter, whether they are present or not. In addition to domestic legislation bats are also protected under the EU Habitats Directive (92/43/EEC). All Irish bats are listed in Annex IV of the Habitats Directive and the lesser horseshoe bat is further listed under Annex II, which make it an offence to: • Deliberately capture, injure or kill any bat; or, • Deliberately disturb a bat, in particular any disturbance which is likely; (a) To impair their ability: (i) To survive, to breed or reproduce, or to rear or nurture their young, or (ii) To hibernate or migrate. (b) To affect significantly the local distribution or abundance of the bat species; or, • Damage or destroy a breeding site or resting place of a bat. Therefore the destruction, alteration or evacuation of a known bat roost is a notifiable action under current legislation and a derogation license has to be obtained from the National Parks and Wildlife Service before works can commence. Furthermore, it should also be noted that any works interfering with bats and especially their roosts, including for instance, the installation of lighting in the vicinity of the latter, may only be carried out under a license to derogate from Regulation 23 of the Habitats Regulations 1997, (which transposed the EU Habitats Directive into Irish law) issued by National Parks and Wildlife Services (NPWS).

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3.3.2 Badgers Signs of badger activity were recorded (including badger scats at TN2 location indicated in attached map and an adjacent mammal run that may be attributed to badger) during the survey. In addition, a mammal hole (TN3) was identified within a dense scrub area. Given the dense scrub surrounding the hole, the hole could not be accessed at the time of the survey and therefore the potential usage could not be assessed / confirmed. The proposed Site provides areas for potential sett construction, though no setts were confirmed within the survey area during the Site walkover. The grassland areas on the Site provide suitable foraging habitats for badgers and it is considered likely that badgers are using the area for foraging and commuting within the wider landscape. Legislative Context Badgers are a legally protected species under Irish legislation. Badgers and their sets are protected under the provisions of the Wildlife (Amendment) Act 2000. It is an offence to: a) Intentionally kill, injure or take (handle) any protected wild animal; b) Intentionally interfere with or destroy the breeding place or resting place of any protected wild animal; a) Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by any protected wild animal; and b) Possess or control any live or dead specimen or anything derived from a protected species. The badger is also listed as a protected species on Appendix III of the Convention on the Conservation of European Wildlife and Natural Habitats (commonly referred to as the ‘Bern Convention’), to which Ireland is signatory. 3.3.3 Invasive species As part of the Site survey on May 21st 2018, the lands within and in the immediate vicinity of the Site Boundary were assessed for the presence of invasive species such as Japanese Knotweed. Given amendments to the Site boundary since the initial survey was undertake, it is recommended that a detailed follow-up survey is completed to affirm these findings. Legislative Context Japanese Knotweed (JK) is a legally controlled species within Ireland due to the harm that it can cause to the natural environment and to built structures. It is controlled under the following legislation: • Invasive Alien Species Regulation, 2014; • Wildlife Acts, 1976 to 2012; • European Communities (Birds and Natural Habitats) Regulations, 2011 to 2015; and, • Planning and Development Acts, 2000 to 2016, and 2017 amendment. Under this legislation, it is an offence to; • Plant, disperse, allow dispersal or cause the spread of JK; • Keep the plant in possession for purpose of sale, breeding, reproduction, propagation, distribution, introduction or release; • Keep anything from which the plant can be reproduced or propagated from without a granted licence, or • Keep any vector material, in this case soil or spoil taken from JK, for the purposes of breeding, distribution, introduction or release.

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3.3.4 Nesting Birds During the Site survey on May 21st 2018, all the bird species recorded on-site were common species expected within the countryside / farm land. The areas of tree/hedge-line and the areas of scrub provide both suitable nesting sites and foraging areas for a range of common bird species. Legislative Context The Irish bird nesting season is defined in Section 40 of the Wildlife Act 1976 and Section 46 of the Wildlife Act 2000 (as amended) as the period between 1st March and 31st August. This legislation states that: "(a). It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated, and; (b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection"

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4 RECOMMENDATIONS Bats All trees identified as having potential to support roosting bats should be subject to dusk emergence surveys. The dusk emergence surveys must be conducted in line with best practice survey guidance issue by the Bat Conservation Trust (Bat Conservation Trust, 2016). Lighting restrictions Most Irish bats are averse to light, and will avoid areas with high intensity lighting. Therefore in order to minimise any potential impacts from light spillage from the proposed development, consideration must be given to the lighting strategy during the detailed design stage. Furthermore, design recommendations from the BCT (2010) for wildlife-friendly lighting include the following: 1. Do not "over" light. Avoidance of excessive lighting as it is a major cause of obtrusive light, particularly around linear habitats, hedge and tree lines which may be used by commuting and foraging bats. Minimum amount of light needed for safety should be used; 2. Where lighting is essential, i.e. for security reasons or pedestrian lighting, Light Emitting Diodes (LED’s) must be used and the brightness must be set as low as possible. Lighting must be aimed only where it is needed (with no upward lighting). LED’s lights must be directed below the horizontal plane, preferably at an angle less than 70 degrees; 3. In order to predict where light spill occurs, lighting design computer programs and professional lighting designers should be used; 4. Use narrow spectrum bulbs to lower the range of species affected by lighting; light should not overspill into the river below or onto adjoining vegetation thereby ensuring that a dark corridor for foraging and commuting bats is maintained. In addition light sources that emit minimal ultra-violet light should be used as insects are attracted to light sources that emit ultra-violet radiation; 5. The height of lighting columns should be reduced as lighting at a low level further reduces ecological impact; and, 6. Dark periods for wildlife should be provided by limiting when the lights are switched on. Protection of Mature Trees and Hedgerows The current proposal will require the removal of small sections of managed hedgerow. In order to compensate for the loss / removal of these sections additional hedge planting should be included in the designs to compensate for this loss and ensure landscape connectivity with the wider surroundings is maintained. Badgers In order to determine the use of the mammal hole, a detailed badger survey is recommended. As part of the survey, it is recommended that a camera trap is setup to confirm the usage of the mammal path crossing the road. The survey should also aim to include the sections of the area of woodland to the north of the N24. Based on the information gathered to date it is considered likely that badger-resistant fencing may be required to ensure that badgers do not access the new roads, this requirement will be confirmed through the additional survey work. Invasive Species Due to the amendments to the Site boundary since the initial survey was undertake, it is recommended that a detailed follow-up survey is completed for the presence of invasive

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species. This survey should ideally be undertaken within the active growing season from April to August. Nesting Birds The removal of any vegetation should be scheduled outside of the nesting bird season. The bird nesting season runs from the 1st March to the 31st September in Ireland. The cutting of trees, bushes and hedgerows is restricted during this period and due care should be taken to ensure that any such activities do not result in an offence being committed under the Wildlife Act (1976) or the Wildlife Amendment Act (2000). In the event that works need to be undertaken within the main breeding season, clearance must be preceded by an inspection of the vegetation by an experienced ecologist to identify evidence of bird breeding activity (taken as the commencement of nest building through to fledging) along with consultation with NPWS. If such is found, works must be delayed until young birds have fledged.

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5 CONCLUSIONS No protected / notable habitats were identified on the Site. However, potential for bats and evidence of badgers were identified during the Site survey. Therefore, based on the findings of this preliminary ecological appraisal, additional species specific surveys are required for bats and badgers to ensure no adverse impacts will occur to these protected species as a result of the proposed development. Due to the amendments to the Site boundary since the initial survey was undertake, it is recommended that a detailed follow-up survey is completed for the presence of invasive species.

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6 REFERENCES Bat Conservation Trust. (2016). Bat Surveys – Good Practice Guidelines (3rd Edition). London: Bat Conservation Trust. Construction Industry Research and Information Association (CIRIA). (2001). CIRIA C532 Control of Water Pollution from Construction, Guidance for Consultants and Contractors. CIRIA. DoEHLG. (2009). Appropriate Assessment of Plans and Projects in Ireland, Guidance for Planning Authorities. Department of Environment, Heritage and Local Government . EPA. (2019). EPA Map Viewer. Retrieved from EPA Maps: http://gis.epa.ie/Envision European Commission. (2002). 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. Luxembourg: Office for official publications of the European Communities . European Commission. (2011). Science for Environment Policy; Reducing the potential 'ecological trap' of solar panels. England: European Commission DG ENV. Fossitt, J. (2000). A Guide to Habitats in Ireland . National Biodiversity Data Centre. (2019). Retrieved from National Biodiversity Data Centre Map Viewer: http://maps.biodiversityireland.ie/#/Map National Parks and Wildlife Service. (2019). National Parks and Wildlife Service. Retrieved from National Parks and Wildlife Service: https://www.npws.ie NRA. (2006). Guidelines for the Treatment of Badgers Prior to the Construction of National Road Schemes. . NRA. (2006). Guidelines for the Treatment of Bats during the Construction of National Road Schemes. National Roads Authority. Ordnance Survey Ireland. (2015). National Mapping Agency - Online Maps. Dublin.

E1479 - Malone O’Regan Environmental 13 APPENDIX A GENERAL NOTES 100 1. ALL DIMENSIONS ARE IN MILLIMETRES UNLESS LP1038 NOTED OTHERWISE Local Road 2. ONLY WRITTEN DIMENSIONS SHALL BE USED. NO DIMENSIONS SHALL BE SCALED FROM THE Site Notice Nr.6 DRAWINGS 3. ALL LEVELS ARE IN METRES AND ARE TO MALIN HEAD DATUM Site Notice Nr.1 4. ALL COORDINATES ARE IN METRES AND ARE TO IRISH TRANSVERSE MERCATOR

5. DRAWINGS ARE TO BE READ IN CONJUNCTION WITH THE SPECIFICATION 10 N24 National 0 Site Notice Nr.2 Primary Road A1

LP1039 Local Road

Site Notice Nr.3

DO NOT SCALE Site Notice Nr.7

Site Notice Nr.4 PILTOWN

LS5125 Local Road

N24 National Primary Road

Site Notice Nr.5

LEGEND:

PART 8 BOUNDARY

PART 8 PLANNING

© ORDNANCE SURVEY IRELAND LICENSE NR. AR 0082519. ORDNANCE SURVEY IRELAND & SITE LAYOUT PLAN GOVERNMENT OF IRELAND PART 8 PLANNING KILKENNY COUNTY COUNCIL ATKINS NOT TO BE HELD LIABLE FOR THE USE D ISSUED FOR PART 8 PLANNING RO'S 01/19 JR RAN OF THIS DATA ON ANY PROJECT OTHER THAN THE N24 TOWER ROAD JUNCTION Kilkenny County Council, C ISSUED FOR PART 8 PLANNING RO'S 01/19 JR RAN IMPROVEMENT SCHEME RO'S JR RAN County Hall, John Street, B ISSUED FOR PART 8 PLANNING RO'S 01/19 JR RAN 1:2500 Atkins House, 150-155 Airside Unit 2B, 2200 Airport 2nd Floor Technology House N24 TOWER ROAD JUNCTION 18/12/18 21/12/18 21/12/18 A ISSUED FOR PART 8 PLANNING RO'S 01/19 JR RAN Business Park, Swords, Co. Dublin Business Park, Cork Parkmore Technology Park, Galway Kilkenny R95 A39T Tel (+353) 01 810 8000 Tel (+353) 021 429 0300 Tel (+353) 091 786 050 IMPROVEMENT SCHEME - ISSUED FOR PART 8 PLANNING RO'S 01/19 JR RAN Fax (+353) 01 810 8001 Fax (+353) 021 429 0360 Fax (+353) 091 779 830 Date: Jan 31, 2019 - 6:09pm Plotted by: aosullivan File: 5165044-HTR-DR-8003.dwg P 5165044 / HTR / DR / 8003 D

V:\5165044\6 Dwgs-Graphics\61 AutoCad\5165044-HTR-DR-8003.dwg