<p> REPORT OF THE MARINE LEASE VETTING COMMITTEE (MLVC)</p><p> on</p><p>FORESHORE LEASE APPLICATION BY Mr LAWERENCE LALLY FOR THE CONSTRUCTION OF A SLIPWAY, CONCRETE PAD WITH LADDER TO ACCESS A FLOATING PONTOON AND GANGWAY </p><p>AT INISHKERAGH ISLAND, SNEEM, CO. KERRY</p><p>Dr. Terry McMahon Chair, Marine Lease Vetting Committee 08 March 2012</p><p>1 Lawerence M. Lally– Foreshore Application for the construction of slipway, concrete pad with ladder to access a floating pontoon and gangway at Inishkeragh Island, Sneem, Co. Kerry (MS51/9/603)</p><p>Background</p><p>In October 2008 Mr. Lawerence M. Lally submitted an application to the then Department of Agriculture Fisheries and Food for a Foreshore Permit to facilitate the construction of a slipway, concrete pad with ladder to access a floating pontoon and gangway at Inishkeragh Island, Sneem, Co. Kerry. </p><p>The purpose of the works is to provide safe access to the Island, which is owned by the applicant. </p><p>Planning permission for these works, as well as for the construction of a single house and waste water treatment system on the Island, was granted by Kerry Co. Co. on 21st January 2008. </p><p>The layout of the works is shown on Drawing No 4, 5 and 10 that accompanied the application. The area of foreshore involved is 0.0117 Hectares</p><p>Natura 2000 designation</p><p>The location of the proposed works lies within the Kenmare River SAC (Site Code 002158). A site synopsis and Conservation Objectives for each of the site were sourced from the NPWS of DAHG</p><p>Public Consultation</p><p>A public notice concerning this application was published in "The Kerryman" on November 3rd 2010 and in "The Examiner" on November 4th 2010. The relevant documents were on display at Cahiresiveen Garda Station for a period of 21 days. No submissions were received. </p><p>MLVC Considerations</p><p>The following documents were considered:</p><p> Foreshore Application and accompanying Ecological Assessment submitted by the applicant.  Written submissions from DEHLG Development Applications Unit (Nature Conservation, Underwater Archaeology), DAFF (Engineering Division), Marine Institute, South Western Regional Fisheries Board, Sea Fisheries Protection Authority and the Marine Survey Office.</p><p>2  Conservation Objectives for the Kenmare River SAC  Appropriate Assessment Report</p><p>No objections to the proposal were raised. NPWS were satisfied that the construction activities are not likely to result in a significant permanent impact on the designated Natura 2000 site. The Appropriate Assessment report concluded that, without suitable mitigation the construction activities could, however, have a potentially significant impact on seals in the area given that the nearest haul-out site is some 500m north west of the works site. </p><p>MLVC Conclusions</p><p>The MLVC concludes that, subject to compliance with the specific conditions set out below, which include measures to mitigate any potential impact on seals and other marine mammals, the proposed works would not have a significant negative impact on the marine environment, would not adversely impact on the Kenmare River SAC or on seals in the area and therefore recommends that a permit be issued.</p><p>Proposed Lease Conditions</p><p>1. The Licensee shall use that part of the Foreshore the subject matter of this lease for the purposes as outlined in the application and for no other purposes whatsoever.</p><p>2. The Licensee shall notify the Department of the Environment, Community and Local Government at least 14 days in advance of the commencement of the works on the foreshore.</p><p>3. The applicant shall arrange for the publication of a local marine notice. This local marine notice shall give a general description of operations and approximate dates of commencement and completion. An advertisement in a locally read newspaper shall suffice.</p><p>4. All vessels and floating plant to be used in the works shall have the appropriate certification from the Marine Survey Office and on completion of the works all plant shall be removed from the foreshore.</p><p>5. The Licensee shall adopt appropriate methods of operation in order to ensure that no spillages of hydrocarbons, cement, excavation run-off or other hazardous substance occur to the Foreshore during the course of the works.</p><p>6. During construction all fuels/lubricants shall be kept in bunded containers. All refuelling shall be undertaken in ramped containment areas. Oil interceptors shall be installed at appropriate locations.</p><p>3 7. During construction works and on passage to and from the Island no vessels shall approach closer than 100m from Potato Island (approximately 500m North West of the proposed pier) when common seals are hauled-out. </p><p>8. An Exclusion Zone for marine mammals (whales, dolphins and seals) shall be established 500m from works site prior to commencement of piling operations.</p><p>9. All piling shall commence during suitable weather, (≤ Beaufort Sea State 3) and visibility, to ensure that this Exclusion Zone shall be achieved.</p><p>10. A qualified Marine Mammal Observer (MMO) shall be on site during the commencement of all piling operations to ensure that the Exclusion Zone is clear of marine mammals.</p><p>11. The MMO shall undertake thirty minutes of survey prior to commencement piling operations to ensure no marine mammals are within the Exclusion Zone.</p><p>12. Pile driving may continue if weather conditions deteriorate or if marine mammals enter the Exclusion Zone following start-up.</p><p>4</p>