Article 6 (3) Appropriate Assessment Screening Report - Interim repair works at Bandon fish pass, Co Cork
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Article 6 (3) Appropriate Assessment Screening Report Interim repair works at Bandon fish pass, Co Cork
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 DOCUMENT DETAILS Client: Office of Public Works Project title: Interim repair works at Bandon fish pass, Co Cork Project Number: 210359 Document Title: Article 6 (3) Appropriate Assessment Screening Report Document File Name: AASR F03 – 2021.04.23 - 210359 Prepared By: MKO Tuam Road Galway Ireland H91 VW84 Rev Status Date Author(s) Approved By 01 Draft 15/04/2021 IR PR 01 Final 16/04/2021 IR PR 02 Final 20/04/2021 IR PR 03 Final 23/04/2021 IR PR
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 Table of Contents 1. INTRODUCTION .................................................... 1 1.1 Background .................................................. 1 1.2 Appropriate Assessment ...................................... 1 1.2.1 Screening for Appropriate Assessment ............................ 1 1.2.2 Statement of Authority .......................................... 2 2. DESCRIPTION OF THE PROPOSED WORKS ............................... 3 2.1 Site Location ............................................... 3 2.2 Characteristics of the Proposed Works ....................... 3 2.2.1 Description of the project ...................................... 3 2.2.1.1 Access from Riverview Shopping Centre access road................. 4 2.2.1.2 Access from the northern riverbank................................ 4 2.2.2 Description of the Baseline Ecological Environment .............. 6 3. IDENTIFICATION OF RELEVANT EUROPEAN SITES ....................... 9 3.1 Identification of the European Sites within the Likely Zone of Impact ...................................................... 9 3.2 Likely Cumulative Impact of the Proposed Works on European Sites, in-combination with other plans and projects ........ 14 4. ARTICLE 6(3) APPROPRIATE ASSESSMENT SCREENING STATEMENT AND CONCLUSIONS ....................................................... 15 4.1 Data Collected to Carry Out Assessment ..................... 15 4.2 Concluding Statement ....................................... 15 BIBLIOGRAPHY ...................................................... 16 TABLE OF PLATES Plate 2.1 Exposed concrete sill at the upstream exit of the fish pass. Area of very shallow water in front of sill followed by an area of high turbulence evident .................................. 3 Plate 2.2 Possible access points for the work. The most likely route of the excavator to access the fish pass from the northern bank is shown in orange ..................................... 4 Plate 2.3 View of the southern riverbank, the upstream exit of the fish pass is visible in the centre of the picture ........... 7 Plate 2.4 View of the northern riverbank from the upstream exit of the fish pass ............................................... 7 Plate 2.5 View of sloping agricultural grassland field to be crossed if access from the Riverview Shopping Centre access road is not possible ................................................ 8 Plate 2.6 View of wet grassland area in proximity of the river .... 8 TABLE OF TABLES Table 3.1 Identification of European Sites within the Likely Zone of Impact ..................................................... 11
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 1. INTRODUCTION 1.1 Background MKO has been appointed to provide the information necessary to allow the competent authority to conduct an Article 6(3) Screening for Appropriate Assessment of interim repair works at Bandon fish pass in Bandon, Co Cork. Screening for Appropriate Assessment is required under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive). Where it cannot be excluded that a project or plan, either alone or in combination with other projects or plans, would have a significant effect on a European Site then same shall be subject to an appropriate assessment of its implications for the site in view of the site's conservation objectives. The current project is not directly connected with, or necessary for, the management of any European Site consequently the project has been subject to the Appropriate Assessment Screening process. The assessment in this report is based on a desk study and field survey undertaken in April 2021. It specifically assesses the potential for the proposed works to result in significant effects on European sites in the absence of any best practice, mitigation or preventative measures. This Appropriate Assessment Screening Report has been prepared in accordance with the European Commission’s Assessment of Plans and Projects Significantly affecting Natura 2000 Sites: Methodological Guidance on the provisions of Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC (EC, 2001) and Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC (EC, 2018) as well as the Department of the Environment’s Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities (DoEHLG, 2010). In addition to the guidelines referenced above, the following relevant documents were also considered in the preparation of this report: 1. Council of the European Commission (1992) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Official Journal of the European Communities. Series L 20, pp. 7-49. 2. EC (2000) Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC, Office for Official Publications of the European Communities, Luxembourg. 3. EC (2007) Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC – Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence. Opinion of the commission. 4. EC (2013) Interpretation Manual of European Union Habitats. Version EUR 28. European Commission. 1.2 Appropriate Assessment 1.2.1 Screening for Appropriate Assessment The Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora) aims to maintain or restore the favourable conservation status of habitats and species of community interest across Europe. The requirements of this Directive are transposed into Irish law through the European Communities (Birds and Natural Habitats) Regulations) 2011 (S.I. No. 477 of 2011). Under the Directive a network of sites of nature conservation importance have been identified by each Member State as containing specified habitats or species requiring to be maintained or returned to favourable conservation status. In Ireland the network consists of Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), and also candidate sites, which form the Natura 2000 network. 1
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 Article 6(3) of the Habitats Directive requires that, in relation to European designated sites (i.e. SACs and SPAs that form the Natura 2000 network), "any plan or project not directly connected with or necessary to the management of the site but likely to have a 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". A competent authority (e.g. the OPW or Local Authority) can only agree to a plan or project after having determined that it will not adversely affect the integrity of the site concerned. Under article 6(4) of the Directive, if adverse impacts are likely, and in the absence of alternative options, a plan or project must nevertheless proceed for imperative reasons of overriding public interest (IROPI), including social or economic reasons, a Member State is required to take all compensatory measures necessary to ensure the overall integrity of the Natura 2000 site. The European Commission have to be informed of any compensatory measures adopted, unless a priority habitat type or species is present and in which case an opinion from the European Commission is required beforehand (unless for human health or public safety reasons, or of benefit to the environment). 1.2.2 Statement of Authority th A baseline ecological survey was undertaken on the 14 of April 2021 by Inga Reich Honours degree (Biology), Ph.D. (Applied Ecology) who also wrote the report. This report has been reviewed by Pat Roberts B.Sc. (Env.) MCIEEM. Pat has over 15 years post graduate experience in ecological consultancy and impact assessment. 2
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 2. DESCRIPTION OF THE PROPOSED WORKS 2.1 Site Location The fish pass is situated on the River Bandon and bypasses the weir in Bandon, Co Cork. It is located just north of Macswiney Quay and Weir Street, which is the access road for the Riverview Shopping Centre (grid ref: E 148859 N 055022). The site is surrounded by urban infrastructure to the south, east west and a wet grassland field to the north. It is situated about 23km downstream of the Bandon River SAC which is designated, amongst others, for brook lamprey but also supports populations of Atlantic salmon. The site location is shown in Figure 2.1. 2.2 Characteristics of the Proposed Works 2.2.1 Description of the project The gravel and rock bed in the Bandon fish pass was seriously damaged by recent flood events which exposed a concrete sill at the upstream end of the fish pass that now impedes the migration of several fish species, including eel, salmon, trout and lamprey (Plate 2.1). The proposed interim works are necessary for the efficient functioning of the fish pass, and a number of different options are considered which will result in raised water levels and reduced velocity of the water across all or part of the sill. Plate 2.1 Exposed concrete sill at the upstream exit of the fish pass. Area of very shallow water in front of sill followed by an area of high turbulence evident. Depending on whether sufficient large boulders can be sourced from the local area, one of two options will be selected: Option 1: Two rows of large boulders (weight of approx. 5 tons) will be placed across the width of the pass (12.6m), one at 3m and one at approx. 9m downstream of the exposed sill. 3
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 Option 2: Two rows of precast concrete traffic separator barriers (approx. 2 x 1 x 0.5m) will be placed across the width of the pass (12.6m), one at 3m and one at approx. 9m downstream of the exposed sill. Gaps will be left between the concrete blocks to enable fish passage. While it will be avoided if at all possible, it may be necessary that a person will have to enter the upstream area of the pass to unsling the boulders/concrete barriers from the crane. In this case, to create a safe working environment for the person, a row of 1 ton bags filled with clean washed gravel will be placed in the river immediately upstream of the pass, to reduce or prevent water flow into the pass during the works. These will be removed once works are finished. In addition, as it is not yet clear which access route will be used to access the works area, two access routes are assessed: 2.2.1.1 Access from Riverview Shopping Centre access road The boulders or concrete blocks will be placed carefully by crane situated on the Riverview Shopping Centre access road. These works will be carried out in the evening and overnight with artificial lighting to avoid obstructing access to the adjacent Riverview Shopping Centre during opening hours. 2.2.1.2 Access from the northern riverbank If it is not possible to carry out the works from the Riverview Shopping Centre access road, a large excavator will be tracked over areas of grassland located on the northern bank of the River Bandon opposite the fish pass (Plate 2.2). The rock armour on the riverbank will be flattened to allow the creation of a slope from which the excavator can track into the river. If the water depth at time of work is too deep for the machine to cross, the scour hole in the middle of the river will need to be filled in with gravels sourced from the riverbed. The excavator will be placed at the upstream end of the fish pass and existing boulders will be dragged up towards the sill or sufficiently large boulders that are currently part of the rock armour at the northern riverbank will be used alternatively. While it is unlikely and will be avoided if at all possible, there may be a need of a tractor with dumper trailer to deliver boulders to the bank. Plate 2.2 Possible access points for the work. The most likely route of the excavator to access the fish pass from the northern bank is shown in orange. 4
Map Legend Location of fish pass Ordnance Survey Ireland Licence No. AR 0021820© Ordnance Survey Ireland/Government of Ireland Microsoft product screen shots reprinted with permission from Microsoft Corporation Drawing Title Site Location Project Title Interim repair works at Bandon fish pass, Co. Cork Drawn By Checked By IR PR Project No. Drawing No. 210359 Figure 2.1 Scale Date 15.04.2021 MKO Planning and Environmental Consultants Tuam Road, Galway Ireland, H91 VW84 +353 (0) 91 735611 email:info@mkoireland.ie Website: ww.mkoireland.ie
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 2.2.2 Description of the Baseline Ecological Environment Assessing the impacts of any project and associated activities requires an understanding of the ecological baseline conditions prior to and at the time of the project proceeding. Ecological Baseline conditions are those existing in the absence of proposed activities (CIEEM, 2018). th A multidisciplinary walkover survey was conducted on the 14 of April 2021 in line with NRA (2009) guidelines. The habitat classifications and codes correspond to those described in ‘ A Guide to Habitats in Ireland’ (Fossitt, 2000). All habitats within and adjacent to the works area were readily identifiable during the site visit. Following on from the multidisciplinary survey there was no requirement for additional dedicated floral or faunal surveys to be undertaken due to the built-up/disturbed surroundings and the nature and scale of the proposed works. During the survey, the site was also searched for species listed on the Third Schedule of the European Communities (Birds and Natural Habitats) Regulations (S.I. 477 of 2011). The Bandon fish pass is an eroding/upland river (FW1) while the River Bandon upstream and downstream of the pass is a depositing/lowland river (FW2). The southern riverbank where the fish pass is located is dominated by buildings and artificial surfaces (BL3) with banks consisting of amenity grassland (improved) (GA2) (Plate 2.3). The northern riverbank is characterized by earth banks covered with wet grassland (GS4) vegetation, boulders and treelines (WL2) consisting of willow (Salix spp.), alder (Alnus glutinosa) and ash (Fraxinus excelsior) as well as areas of bramble (Rubus fruticosus) scrub (WS1) (Plate 2.4). If works from the Riverview Shopping Centre access road are not possible, the excavator would track through an area of sloping agricultural grassland (GA1) with a large percentage of herbs, in particular ribwort plantain (Plantago lanceolata), silverweed (Potentilla anserina) and dandelion (Taraxacum vulgaria) (Plate 2.5). Towards the eastern field margin, which consist of a treeline (WL2), the ground cover incorporates emerging bramble, dock (Rumex spp.) and winter heliotrope (Petasites pyrenaicus). A small patch of hybrid bluebells (Hyacinthoides x masartiana), a Third Schedule invasive, was identified in the north-eastern corner of the field in vicinity of the neighbouring garden. A small, largely overgrown stream (FW2) will be crossed over an existing concrete structure covered with soil and established vegetation and the excavator will track through a wet grassland (GS4) field before reaching the river. This area is characterized by soft rush (Juncus effusus) and Yorkshire fog (Holcus lanatus), creeping buttercup (Ranunculus repens), meadowsweet (Filipendula ulmaria) and pockets of horsetails (Equisetum spp.), yellow iris (Iris pseudacoris) and marsh cinquefoil (Potentilla palustris). Clusters of willow of varying maturity can be found throughout this area (Plate 2.6). 6
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 Plate 2.3 View of the southern riverbank, the upstream exit of the fish pass is visible in the centre of the picture. Plate 2.4 View of the northern riverbank from the upstream exit of the fish pass. 7
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 Plate 2.5 View of sloping agricultural grassland field to be crossed if access from the Riverview Shopping Centre access road is not possible. Plate 2.6 View of wet grassland area in proximity of the river. 8
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 3. IDENTIFICATION OF RELEVANT EUROPEAN SITES 3.1 Identification of the European Sites within the Likely Zone of Impact The following methodology was used to establish which European Sites are within the Likely Zone of Impact of the proposed works: Initially the most up to date GIS spatial datasets for European Designated Sites and water catchments were downloaded from the NPWS website (www.npws.ie) and the EPA website (www.epa.ie) on the 07.04.2021. The datasets were utilized to identify European Sites which could feasibly be affected by the proposed works. All European Sites within a distance of 15km surrounding the site were identified and are shown on Figure 3.1. In addition, the potential for connectivity with European Sites at distances of greater than 15km from the proposed works was also considered in this initial assessment. In this case, Bandon River SAC, which is located about 23km upstream of the works will be assessed due to the connection between one of its QIs and the functioning of the fish pass. No potential for impact on any other sites located further than 15km from the proposed works was identified due to lack of pathways and size and scale of the proposed works. The catchment mapping was used to establish or discount potential hydrological connectivity between the site of the proposed works and any European Sites. The hydrological catchments are also shown in Figure 3.1. In relation to Special Protection Areas, in the absence of any specific European or Irish guidance in relation to such sites, the Scottish Natural Heritage (SNH) Guidance , ‘Assessing Connectivity with Special Protection Areas (SPA)’ (2016) was consulted. This document provides guidance in relation to the identification of connectivity between proposed works and Special Protection Areas. The guidance takes into consideration the distances species may travel beyond the boundary of their SPAs and provides information on dispersal and foraging ranges of bird species which are frequently encountered when considering plans and projects. Table 3.1 provides details of all relevant European Sites as identified in the preceding steps and assesses which are within the likely Zone of Impact. The assessment considers any likely direct or indirect impacts of the proposed works, both alone and in combination with other plans and projects, on European Sites by virtue of the following criteria: size and scale, land-take, distance from the European Site or key features of the site, resource requirements, emissions, excavation requirements, transportation requirements and duration of construction, operation and decommissioning were considered in this screening assessment The site synopses and conservation objectives of these sites, as per the NPWS website (www.npws.ie), were consulted and reviewed at the time of preparing this report 07.04.2021. Figure 3.1 shows the location of the proposed works in relation to all European sites within 15km of the proposed works. Where potential pathways for Significant Effect are identified, the site is included within the Likely Zone of Impact and considered in the Screening Assessment. 9
Map Legend Location of fish pass 15km Buffer Special Area of Conservation Special Protection Area WFD Hydrological Subcatchments Ordnance Survey Ireland Licence No. AR 0021820© Ordnance Survey Ireland/Government of Ireland Microsoft product screen shots reprinted with permission from Microsoft Corporation Drawing Title EU Designated Sites within 15km Project Title Interim repair works at Bandon fish pass, Co. Cork Drawn By Checked By IR PR Project No. Drawing No. 210359 Figure 3.1 Scale Date 15.04.2021 MKO Planning and Environmental Consultants Tuam Road, Galway Ireland, H91 VW84 +353 (0) 91 735611 email:info@mkoireland.ie Website: ww.mkoireland.ie
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 Table 3.1 Identification of European Sites within the Likely Zone of Impact European Sites and Qualify Interests/Special Conservation Conservation Likely Zone of Impact Determination distance from proposed Interests for which the European site has Objectives works been designated (Sourced from NPWS online Conservation Objectives, www.npws.ie on the 07/04/2021 Special Areas of Conservation (SAC) Courtmacsherry Estuary [1130] Estuaries Detailed conservation There will be no direct impact on the SAC as it is located outside of the SAC [001230] [1140] Mudflats and sandflats not covered objectives for this site (Version footprint of the proposed works. by seawater at low tide 1, July 2014) were reviewed as [1210] Annual vegetation of drift lines part of the assessment and are No potential pathway for effect was identified for any of the following QI Distance to site: 9.4km [1220] Perennial vegetation of stony available at www.npws.ie habitats due to their terrestrial nature: banks [1310] Salicornia and other annuals [2110] Embryonic shifting dunes colonising mud and sand [2120] Shifting dunes along the shoreline with Ammophila [1330] Atlantic salt meadows (Glauco- arenaria (white dunes) Puccinellietalia maritimae) [2130] Fixed coastal dunes with herbaceous vegetation (grey [1410] Mediterranean salt meadows dunes) (Juncetalia maritimi) [2110] Embryonic shifting dunes This SAC is separated from the works area by the open sea and the [2120] Shifting dunes along the shoreline River Bandon discharges to an entirely separate catchment. Hence, no with Ammophila arenaria (white dunes) potential pathway for significant effect arising from deterioration of water [2130] Fixed coastal dunes with quality was identified for the remaining QI habitats: herbaceous vegetation (grey dunes) [1130] Estuaries [1140] Mudflats and sandflats not covered by seawater at low tide [1210] Annual vegetation of drift lines [1220] Perennial vegetation of stony banks [1310] Salicornia and other annuals colonising mud and sand [1330] Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1410] Mediterranean salt meadows (Juncetalia maritimi) As such, there is no potential for indirect effects to occur. This SAC is not in the Likely Zone of Impact, no further assessment is required. 11
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 European Sites and Qualify Interests/Special Conservation Conservation Likely Zone of Impact Determination distance from proposed Interests for which the European site has Objectives works been designated (Sourced from NPWS online Conservation Objectives, www.npws.ie on the 07/04/2021 Bandon River SAC [3260] Water courses of plain to montane No conservation objectives are There will be no direct impact on the SAC as it is located outside of the [002171] levels with the Ranunculion fluitantis and available for this site yet. footprint of the proposed works. Callitricho-Batrachion vegetation [3260] [91E0] Alluvial forests with Alnus The SAC is upstream from the works area. Hence, no potential pathway Distance to site: 22.9km glutinosa and Fraxinus excelsior (Alno- for significant effect arising from deterioration of water quality was Padion, Alnion incanae, Salicion albae) identified for any of the QIs. [1029] Freshwater pearl mussel (Margaritifera margaritifera) Disturbance to QI species within the European Site can be ruled out [1096] Brook lamprey (Lampetra planeri) due to the distance between Bandon fish pass and this SAC. While brook lamprey occurs the proposed works area, the works are small scale and very short-term (less than 1 day) and will not cause any significant disturbance for ex situ fish. In addition, a functioning fish pass will have a positive effect on the QI species [1096] brook lamprey as it will enable upstream migration and will also benefit the other QI species [102] freshwater pearl mussel as their larvae are dependent on salmonids hosts which will also use the fish pass for migration. There is no potential for significant negative effect, no further assessment is required. Special Protection Areas (SPA) Courtmacsherry Bay SPA [A003] Great northern diver (Gavia Detailed conservation There will be no direct impact on the SPA as it is located outside of the [004219] immer) objectives for this site (Version footprint of the proposed works. [A048] Shelduck (Tadorna tadorna) 1, October 2014) were [A050] Wigeon (Anas penelope) reviewed as part of the This SPA is separated from the works area by the open sea and the Distance to site: 9.4km [A069] Red-breasted merganser (Mergus assessment and are available at River Bandon discharges to an entirely separate catchment. Hence, no serrator) www.npws.ie potential pathway for significant effect arising from deterioration of water [A140] Golden plover (Pluvialis apricaria) 12
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 European Sites and Qualify Interests/Special Conservation Conservation Likely Zone of Impact Determination distance from proposed Interests for which the European site has Objectives works been designated (Sourced from NPWS online Conservation Objectives, www.npws.ie on the 07/04/2021 [A142] Lapwing (Vanellus vanellus) quality was identified for supporting habitats associated with the SPA and [A149] Dunlin (Calidris alpina) in particular the following SCI: [A156] Black-tailed godwit (Limosa limosa) [A999] Wetland and waterbirds [A157] Bar-tailed godwit (Limosa lapponica) Disturbance to SCI species within the European Site can be ruled out due [A160] Curlew (Numenius arquata) to the distance between Bandon fish pass and this SPA. While some of [A179] Black-headed gull the SCI species may occur in the proposed works area, the works are small (Chroicocephalus ridibundus) scale and very short-term (less than 1 day) and will not cause any significant [A182] Common gull (Larus canus) disturbance for ex situ birds. [A999] Wetland and waterbirds As such, there is no potential for indirect effects to occur. This SPA is not in the Likely Zone of Impact, no further assessment is required. 13
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 3.2 Likely Cumulative Impact of the Proposed Works on European Sites, in-combination with other plans and projects The works are associated with the much larger Bandon flood relief scheme and involve a small adaption to that permitted scheme. However, they are designed specifically for the purpose of facilitating upstream fish passage and have no potential to impact negatively on any European Site individually – they therefore cannot contribute to any negative effect when considered cumulatively. 14
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 4. ARTICLE 6(3) APPROPRIATE ASSESSMENT SCREENING STATEMENT AND CONCLUSIONS The findings of this Screening Assessment are presented following the European Commission’s Assessment of Plans and Projects Significantly affecting Natura 2000 Sites: Methodological Guidance on the provisions of Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC (EC, 2001) and Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC (EC, 2018) as well as the Department of the Environment’s Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities (DoEHLG, 2010). 4.1 Data Collected to Carry Out Assessment In preparation of the report, the following sources were used to gather information: Review of NPWS Site Synopses, Conservation Objectives for the European Sites Review of 2019, 2013 and 2007 EU Habitats Directive (Article 17) Reports. Review of OS maps and aerial photographs of the site of the proposed project. Review of online web-mappers: National Parks and Wildlife Service (NPWS), Environmental Protection Agency (EPA) and Water Framework Directive (WFD). Information provided by email from OPW th Meeting with Damien Cannon and Owen Lynch from Byrne Looby on 14 of April 2021. th Site visit conducted by Inga Reich on the 14 of April 2021. 4.2 Concluding Statement It is concluded beyond reasonable scientific doubt, in view of best scientific knowledge, on the basis of objective information and in light of the conservation objectives of the relevant European Sites, that the proposed works, individually or in combination with other plans and projects, will not have a significant effect on any European Site. 15
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 BIBLIOGRAPHY Birds Directive (2009/47/EC) http://ec.europa.eu/environment/naturelegislation/birdsdirective/index _en.htm CIEEM (2018) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine version 1.1. Chartered Institute of Ecology and Environmental Management, Winchester. Version 1.1.. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive) and Directive 2009/147/EC (codified version of Directive 79/409/EEC as amended) (Birds Directive) – transposed into Irish law as European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477/2011). DEHLG (2009) Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. DEHLG, Dublin. DoEHLG (2010). Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities. Revision, February, 2010. Department of the Environment, Heritage and Local Government. EC (2018) Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC, Office for Official Publications of the European Communities, Luxembourg. European Commission. 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. EC (2002) Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, Office for Official Publications of the European Communities, Luxembourg. European Commission. EC (2007a) Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC – Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the commission. Office for Official Publications of the European Communities, Luxembourg. European Commission. EC (2013) Interpretation Manual of European Union Habitats. Version EUR 28. European Commission, DG Environment. EPA website: http://www.epa.ie. European Communities (Natural Habitats) Regulations, SI 94/1997, SI 233/1998 & SI 378/2005 – http://www.irishstatutebook.ie. Habitats Directive (92/43/EEC). NPWS (2013) The Status of EU Protected Habitats and Species in Ireland. Conservation Status in Ireland of Habitats and Species listed in the European Council Directive on the Conservation of Habitats, Flora and Fauna 92/43/EEC. NPWS of the DEHLG (2013) The Report on Status of Habitats and Species in Ireland: Technical Reports and Forms. NPWS (2014) Conservation Objectives: Courtmacsherry Estuary SAC 001230. Version 1. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht. Online, Available at: https://www.npws.ie/sites/default/files/protected-sites/conservation_objectives/CO001230.pdf Accessed: 07/04/2021. NPWS (2014) Conservation Objectives: Courtmacsherry Bay SPA 004219. Version 1. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht. Online, Available at: 16
Interim repair works at Bandon fish pass, Co Cork AASR F02 - 2021.04.20- 210359 https://www.npws.ie/sites/default/files/protected-sites/conservation_objectives/CO004219.pdf, Accessed: 07/04/2021. NRA (2009) Guidelines for the Assessment of Ecological Impacts of National Road Schemes. NRA 2008, Ecological Surveying Techniques for Protected Flora and Fauna during the Planning of National Road Scheme. Scottish Natural Heritage (SNH) (July 2013) Assessing Connectivity with Special Protection Areas (SPA). 17
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