Environmental Impact Assessment Screening Report - Offaly ...

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Environmental Impact Assessment Screening Report - Offaly ...
Environmental
       Impact Assessment
         Screening Report
                   Proposed Greenway (Cycleway/Walkway) along the
                  Former Kilbeggan Branch of the Grand Canal linking
                           Kilbeggan Harbour in Co. Westmeath with
                          Campbells Bridge, Ballycommon, Co. Offaly

Minogue and Associates
May 2019
Environmental Impact Assessment Screening Report - Offaly ...
Contents
1 Introduction ...................................................................................................................... 3

   1.1       Project Background ............................................................................................... 3

   1.2 Legislative Background .............................................................................................. 3

   1.3 Screening .................................................................................................................... 5
     1.3.1 Changes to the EIA Screening process. .............................................................................................. 6
     1.3.2 Annex IIA: Information to be provided by the developer on the projects listed in Annex II. ........ 6
     1.3.3 Article 4(5) Determination of Screening ............................................................................................ 6
   1.4 Approach to this EIS Screening ................................................................................. 7

   1.5 Statement of Authority............................................................................................... 7

2 Description of the Proposed Development ...................................................................... 8

   2.1. Description of Proposed development ..................................................................... 8
     2.1.2 Features of the proposed development ..............................................................................................8
     2.1.3 Habitat loss to the footprint of the development .............................................................................. 9

   2.2 Methodology for Greenway Construction ............................................................... 13
     2.2.1 General Methodology:....................................................................................................................... 13
     2.2.2 Equipment ......................................................................................................................................... 13
     2.2.3 Surface Water Management ............................................................................................................. 13
     2.2.4 Noise and Vibration .......................................................................................................................... 13
     2.2.5 Construction sequence ..................................................................................................................... 14
     2.2.6 Ecologically Sensitive Areas. ............................................................................................................ 14
     2.2.7 Surface Types .................................................................................................................................... 14
     2.2.8 Construction Methodology for Surface Types................................................................................. 14
   2.3 Best Practice Construction Approach ..................................................................... 16

   2.4 Pre-Construction ..................................................................................................... 16

   2.5 Earthworks................................................................................................................17

   2.6 Fuel Use and Storage ................................................................................................17

   2.7 Measures to Protect Water Quality & Surface Water Bodies .................................. 18

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Environmental Impact Assessment Screening Report - Offaly ...
2.8 Non-Native Invasive Species ................................................................................... 19

   2.9 Mitigation Measures ................................................................................................ 19
     2.9.1 Mitigation by avoidance .................................................................................................................... 19
     2.9.1.1 Habitats .......................................................................................................................................... 20
     2.9.1.2 Fauna ............................................................................................................................................. 20
     2.9.1.3 Birds ............................................................................................................................................... 20
   2.10 Enhancement ......................................................................................................... 20

   2.11 Ecological Clerk of Works ...................................................................................... 21

   2.12 Monitoring ............................................................................................................. 21

3 Receiving Environment .................................................................................................. 22

   3.1 Introduction ............................................................................................................. 22
     3.1.1 Overview ............................................................................................................................................. 22
   3.2 Human Beings ......................................................................................................... 23

   3.3 Flora and Fauna ....................................................................................................... 26
     3.3.1 Screening for Appropriate Assessment ............................................................................................26
     3.3.2 Ecological Surveys ............................................................................................................................26
     3.3.3 Summary of Habitats Present ..........................................................................................................26
     3.3.4 Rare and Protected Flora including orchids ................................................................................... 31
     3.3.5 Ecologically Sensitive Areas (ESAs) ................................................................................................. 31
     3.3.6 Invasive Species ................................................................................................................................ 32
   3.4 Geology and Soil ...................................................................................................... 41

   3.5 Water ........................................................................................................................ 45
     3.5.1 Surface water ..................................................................................................................................... 45
     3.5.2 Groundwater ..................................................................................................................................... 45
     3.5.3 Flooding .............................................................................................................................................46
   3.6 Air and Climatic Factors .......................................................................................... 50

   3.7 Landscape ................................................................................................................ 50

   3.8 Cultural Heritage ..................................................................................................... 52

   3.9 Material Assets ........................................................................................................ 55

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Environmental Impact Assessment Screening Report - Offaly ...
3.10 Inter-relationship between parameters ................................................................ 55

4 EIA Screening ................................................................................................................. 57

   4.1 Environmental Factors to be considered in the EIA Screening. ............................. 57

   4.2 Impact Assessment .................................................................................................. 57
     Table 9.1 Characteristics of the Proposed Development .........................................................................58
     Table 9.2 Location of the Proposed Development ................................................................................... 63
     Table 9.3- Characteristics of Potential Impacts on environmental parameters .....................................66
     Table 9.4 Characteristics of the potential impacts ................................................................................... 67

5 Conclusion ...................................................................................................................... 70
     5.1 Screening Determination ..................................................................................................................... 70
Annex 1: Habitat Maps from 2013 Habitat Survey of Kilbeggan Branch (Atkins, 2013). 72

                                     This report has been prepared by Minogue and
                                     Associates with all reasonable skill, care and
                                     diligence. Information reported herein is based on
                                     the interpretation of data collected and has been
                                     accepted in good faith as being accurate and valid.

                                     This report is prepared jointly for Offaly County
                                     Council and Westmeath County Council and we
                                     accept no responsibility to third parties to whom
                                     this report, or any part thereof, is made known. Any
                                     such party relies on the report at their own risk.

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Environmental Impact Assessment Screening Report - Offaly ...
1 Introduction

1.1 Project Background
Offaly County Council and Westmeath County Council have jointly appointed Minogue and Associates to
prepare an Environmental Impact Assessment (EIA) screening report for the proposed Ballycommon
Bridge to Kilbeggan Harbour Greenway, hereafter referred to as the proposed development. The
proposed development relates to the provision of a Greenway Walking and Cycling route which deviates
between the western and eastern towpaths of the Kilbeggan Branch of the Grand Canal, from
Ballycommon Bridge in County Offaly, northwards to Kilbeggan Harbour, Co. Westmeath.

For the purposes of this Part 8 consent process, the proposed project relates to the development of a
greenway along the former Kilbeggan Branch Canal for a distance of c.13.5km in total.

This EIA screening report contains necessary information to enable the competent authority, in this case
Offaly and Westmeath County Councils, to undertake an EIA screening assessment and determine
whether an EIA is required to support the proposed development. The findings of the EIA screening
assessment are presented in this report and will inform the determination by each local authority in
advance of the Part 8 planning consent process.

1.2 Legislative Background
EIA requirements derive from EU Directive 85/337/EEC (as amended by Directive 97/11/EC, Directive
2014/52/EU and S.I. 454 of 2011; S.I. 464 of 2011; S.I. 456 of 2011 and S.I. No 296 of 2018).)
http://www.irishstatutebook.ie/eli/2018/si/296/made/en/pdf on the assessment of the effects of certain
public and private projects on the environment. The purpose of this Environmental Impact Assessment
Screening Report is to determine whether this proposed development will require full Environmental
Impact Assessment.

The Directive outlines in Article 4 (1) 21 Annex 1 projects that require mandatory EIA. Article 4 (2) outlines
Annex 2 projects that require consideration for EIA further to a case by case examination or through
thresholds and criteria established by Member States. Projects requiring mandatory EIA are listed in
Schedule 5 of the Planning and Development Regulations 2001, as amended. Where developments are
under the relevant EIA threshold, planning authorities are required under Article 103 of the 2001
Regulations, as amended, to request an EIS where it considers the proposed development is likely to have
a significant effect on the environment. In these cases the significant effects of the project are assessed
relative to the criteria contained in Schedule 7a of the regulations, principally:
     • The projects characteristics
     • Sensitivity of the project location, and
     • Characterisation of potential impacts.

In addition, where the development would be located on or in an area, site etc. set out in Article 103(2),
the planning authority shall decide whether the development would or would not be likely to have
significant effects on the environment for such site, area or land etc. the implication being that if it decides
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Environmental Impact Assessment Screening Report - Offaly ...
that it would be likely to have significant effects on the environment, it can invoke its powers to request
an EIS.

Article 103(2) sites comprise the following:
a) A European Site;
b) An area the subject of a notice under section 16(2) (b) of the Wildlife (Amendment) Act, 2000;
c) An areas designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act, 2000;
d) Land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife
Act, 1976, as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000; or
e) Land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act, 1976,
as amended by section 28 of the Wildlife (Amendment) Act, 2000.

The proposed Greenway is located along the Kilbeggan Branch of the Grand Canal which is designated as
a proposed Natural Heritage Area (site code: 002104). The Grand Canal comprises the canal channel, the
canal banks and towpaths on either side of it. The Ballyduff Esker pNHA (site code: 001755), also called
Murphy’s Bridge esker intersects with the Kilbeggan canal.

The proposed development also falls under the EIA requirements of the Roads Act 1993 as amended by
the Planning and Development Acts (2000-2011) and the Roads Act (2007) as well as regulations made
under the Roads Acts, The European Communities (Environmental Impact Assessment) (Amendment)
Regulations 1989-2001, and EC Directives 85/337/EC and 97/11/EC referenced above. A road within the
1993 act is defined to include:

(a) any street, lane, footpath, square, court, alley or passage,
(b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge flyover, carriageway whether
single or multiple, pavement or footway,
 (c) any weighbridge or other facility for the weighting or inspection of vehicles, toll plaza or other facility
for the collection of tolls, services area, emergency, telephone, first aid post, culvert, arch, gulley, railing,
fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median,
central reserve.

Furthermore Cycleway is referred to in Section 68 of the 1993 Act as follows:
(1) In this section “cycleway” means a public road or proposed pubic road reserved for the exclusive use
of pedal cyclists or pedal cyclists and pedestrians.
(2) (a) A road authority may construct (or otherwise provide) and maintain a cycleway.
     (b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare either
– (i) the cycleway is for the exclusive use of pedal cyclists, or
  (ii) that the cycleway is for the exclusive use of pedal cyclists and pedestrians.
     (c) any person who uses a cycleway in contravention of an order under paragraph (b) shall be guilty
of an offence.

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1.3 Screening
According to European Commission Guidance (20171)
       “Screening has to implement the Directive’s overall aim, i.e. to determine if a Project listed in
       Annex II is likely to have significant effects on the environment and, therefore, be made subject to
       a requirement for Development Consent and an assessment, with regards to its effects on the
       environment. At the same time, Screening should ensure that an EIA is carried out only for those
       Projects for which it is thought that a significant impact on the environment is possible, thereby
       ensuring a more efficient use of both public and private resources. Hence, Screening has to strike
       the right balance between the above two objectives.”

As previously stated, this may be considered a sub-threshold EIA development, as EIA is not mandatory
for walking and cycling routes such as this Greenway. The key issue for the competent/consent authority
in the context of the possible need for EIA of sub-threshold is whether or not such development is likely
to have significant effects on the environment. Consideration of significant effect should not be
determined by reference to size only. The nature and location of a project must also be taken into account.
This EIA Screening Report is therefore being undertaken to determine in light of the criteria listed in
Schedule 7a of the Planning and Development Regulations whether or not this proposed development
will require full EIA.

According to the Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental
Impact Assessment (2018):

        “For all sub-threshold developments listed in Schedule 5 Part 2, where no EIAR is submitted or EIA
        determination requested, a screening determination is required to be undertaken by the
        competent authority unless, on preliminary examination it can be concluded that there is no real
        likelihood of significant effects on the environment. This is initiated by the competent authority
        following the receipt of a planning application or appeal

        A preliminary examination is undertaken, based on professional expertise and experience, and
        having regard to the ‘Source – Pathway – Target’ model, where appropriate. The examination
        should have regard to the criteria set out in Schedule 7 to the 2001 Regulations.

        Where, based on a preliminary examination of the information submitted with the application and
        any other supplementary information received, the competent authority concludes that, having
        considered the nature, size and location of the proposed development, there is no real likelihood
        of significant effects on the environment, this should be recorded with reasons for this conclusion
        stated, and no EIA required or formal determination made. The recording of the competent
        authority’s view should be brief and concise, but adequate to inform the public. In many cases this
        considered view will be included in the planner’s/inspector’s report on the planning application

1Environmental Impact Assessment of Projects Guidance on Screening (Directive 2011/92/EU as amended by
2014/52/EU). European Commission 2017. Page 23.
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Environmental Impact Assessment Screening Report - Offaly ...
and this may be cross-referenced in the competent authority’s decision. Normally, this will be
        published at the time of the decision of the competent authority.”

1.3.1 Changes to the EIA Screening process.
The EIA Directive (2014/52/EU) has brought a number of changes to the EIA process with a strengthening
of the Screening process as follows:

    •   Article 4 (4) of this Directive introduces a new Annex IIA to be used in the case of a request for a
        screening determination for Annex II projects. This is information to be provided by the developer
        on the projects listed in Annex II (see below):

1.3.2 Annex IIA: Information to be provided by the developer on the projects listed in
Annex II.
1. A description of the project, including in particular:
(a) a description of the physical characteristics of the whole project and, where relevant, of demolition
works (Section 2 of this report);
(b) a description of the location of the project, with particular regard to the environmental sensitivity of
geographical areas likely to be affected (Section 3 of this report)
2. A description of the aspects of the environment likely to be significantly affected by the project
(Section 3 of this report)
3. A description of any likely significant effects, to the extent of the information available on such
effects, of the project on the environment resulting from:
(a) the expected residues and emissions and the production of waste, where relevant (Section 4 of this
report) ;
(b) the use of natural resources, in particular soil, land, water and biodiversity (Section 4 of this report).
4. The criteria of Annex III shall be taken into account, where relevant, when compiling the information
in accordance with points 1 to 3 (Section 4 of this report).

Article 4(4) specifies that the developer may provide a description of any features of the project and/or
mitigation measures to avoid or prevent what might otherwise have been significant effects on the
environment. It should be noted that this does NOT include compensation measures (Mitigation
measures are provided in Section 2.2.).

1.3.3 Article 4(5) Determination of Screening
The competent authority shall make its determination, on the basis of information provided by the
developer in accordance with paragraph 4 taking into account, where relevant, the results of preliminary
verifications or assessments of the effects on the environment carried out pursuant to Union legislation
other than this Directive.

The determination shall be made available to the public and:
(a) where it is decided that an environmental impact assessment is required, state the main reasons for
requiring such assessment with reference to the relevant criteria listed in Annex III; or
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Environmental Impact Assessment Screening Report - Offaly ...
(b) where it is decided that an environmental impact assessment is not required, state the main reasons
for not requiring such assessment with reference to the relevant criteria listed in Annex III, and, where
proposed by the developer, state any features of the project and/or measures envisaged to avoid or
prevent what might otherwise have been significant adverse effects on the environment.

The EIA Screening prepared here will inform the competent authority, in this instance Westmeath and
Offaly County Councils on the EIA Screening Determination please see Section 5 of this Report for the EIA
Screening Determination as proposed.

1.4 Approach to this EIS Screening
This EIS Screening report has been prepared and informed by the following guidance and guidelines:

    •   Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact
        Assessment, Department of Housing, Planning and Local Government, 2018;
    •   Environmental Impact Assessment of Projects Guidance on Screening (Directive 2011/92/EU as
        amended by 2014/52/EU), European Commission, 2017.
    •   Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-
        threshold Development, Department of Environment, Heritage and Local Government, 2003;
    •   Guidance on the Information to be contained in Environmental Impact Statements Environmental
        Protection Agency 2002, and
    •   Environmental Impact Assessment (Agriculture) Regulations 2011 Guide for Farmers, Department
        of Agriculture, Food and the Marine,2011)

A desktop study of environmental receptors within the project area was undertaken in addition to a site
walkover by the project ecologist Pat Doherty MSc, MCIEEM in July and August 2018. A review was also
undertaken of relevant projects within the project area. The screening for Appropriate Assessment that
was prepared as part of the current application has informed this EIA Screening report.

1.5 Statement of Authority
This report has been prepared by Ruth Minogue, MCIEEM. Ruth has been a practicing environmental
consultant for 20 years and has specialised in the preparation of Environmental Impact Assessment and
Strategic Environmental Assessment. Additional inputs were provided by Pat Doherty, MCIEEM, an
ecologist with 17 years practical experience and Dr. Ronan Hennessey, who provided the Geographical
Information Systems analysis and mapping outputs.

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Environmental Impact Assessment Screening Report - Offaly ...
2 Description of the Proposed Development

2.1. Description of Proposed development
The proposed project relates to the development of a greenway along the former Kilbeggan Branch Canal
of the Grand Canal for a distance of c.13.5 kilometres connecting Ballycommon Bridge in Co. Offaly with
Kilbeggan Harbour, Co. Westmeath. This part of The Grand Canal (Kilbeggan Branch), which was
constructed between 1830-36 was officially closed in 1961, but has been out of use since the end of the
nineteenth century due to the development of road and rail transportation networks. It continues to
provide an attractive environmental amenity route along an established dried out canal.

The landscape associated with this greenway is varied, encompassing boglands, esker, woodlands and
grasslands along this route. The proposed greenway encompasses predominantly lowlying, flat land and
in this regard, its gradient is conducive to all users (including the cyclist, walker, person in a wheelchair
and person pushing a buggy) without compromising on the scenic qualities of this route. The design of
this project incorporates surfacing which will be finished to a high specification in accordance with
required standards, so as to market and attract both the domestic and international tourist to this
greenway, as well as accommodating the local communities within its vicinity for recreational purposes.

2.1.2 Features of the proposed development
The proposed Kilbeggan-Ballycommon Greenway will include the following features:
c.13.5 km of shared walking and cycling Greenway along the existing towpath.
            • Path widths will vary along the greenway from 1.5m to 3m at its widest. Widths will be
                dictated by existing on-site features.
            • Improvements to the existing towpath along the former canal through the provision of
                suitable surfacing including 804 sub-base and Quarry Dust which will be the primary
                surface; surface dressing/Asphalt Tarmac (to be utilised where deemed necessary and
                appropriate for vehicular access (serving necessary agricultural use/ Waterways Ireland
                operations only) and other material finishes will be incorporated into the scheme where
                appropriate.
            • Provision of access controls such as pedestrian and cycle friendly gates along the route.
            • The provision of a temporary construction compound to be situated at the works yard in
                Kilbeggan and close to Ballycommon Bridge. All associated ancillary works and integrated
                landscape plans for the reinstatement of temporary construction footprint.

The detailed approach to the works to the Greenway is presented in the following section but primarily
comprise the following:
            • Upgrading of former towpath (deviating between eastern and western side of proposed
                greenway in accordance with design of route proposed) with varying surfaces proposed
                having regard to sensitivities and constraints (visual, environmental, physical) of the
                greenway.
            • Traffic safety measures to facilitate safe pedestrian and cycling crossings.

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•   Fencing/gates to facilitate safety and permit access to agricultural lands, where required.
            •   There is no lighting proposed as part of this application.
            •   Tree removal is not proposed other than pruning of overhanging branches or limited
                removal where necessary to meet minimum greenway width.

2.1.3 Habitat loss to the footprint of the development
A worst-case scenario calculation was made to estimate habitats to be lost to the footprint of the
development. The methodology employed utilised the shapefiles provided by Waterways Ireland from
the 2013 Ecology Survey, overlaid with the drawings provided by the two local authorities. The
calculations below assume a total footprint of 3m for the whole Greenway by calculating habitat loss of
1.5 m from the centre of the existing towpath. It is to be noted however that the footpath will reduce to
1.5m/2m at key areas, where due to a number of considerations (including ecological considerations,
physical constraints and/or visual sensitivities in ensuring the assimilation of the greenway into its
surroundings), a narrower footprint is required. In addition, replacement and enhancement measures are
provided in Section 2.10 to compensate for loss of important habitats and recreate in particular conditions
that will encourage reestablishment and growth of calcareous grasslands over time.

Table 1 Total Habitats (m2) along the Greenway

 Fossit     Name                                                                                Total
 Code                                                                                           area_m2
 BC1        Arable Crops                                                                        17,621.2
                                                                                                5
 BL3        Buildings and Artificial Surfaces                                                   42,708.0
                                                                                                1
 ED1        Exposed Sand, Gravel or Till                                                        2,369.18

 ED2 /      Spoil and Bare Ground / Recolonising Bare Ground /Dry Meadows and Grassy            2,658.77
 ED3        Verges
 ED3 /      Recolonising Bare Ground Improved Agricultural Grassland/ Dry Meadows and           9,736.60
 GA2        Grassy Verges
 FS1        Reed and Large Sedge Swamp                                                          32,099.1
                                                                                                9
 FS2        Tall-Herb Swamps                                                                    868.31

 FW3        Canals                                                                              956.18

 GA1        Improved Agricultural Grassland                                                     74,638.5
                                                                                                9
 GA2 /      Amenity Grassland (Improved) / Dry Meadows and Grassy Verges                        18,701.4
 GS2                                                                                            0
 GA2 /      Dry Meadows and Grassy Verges                                                       31,937.3
 GS2                                                                                            4

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GM1         Marsh                                                                               1,020.08
 GS1 /       Dry Calcareous and Neutral Grassland / Dry Meadows and Grassy Verges                47,101.4
 GS2                                                                                             1
 GS2         Dry Meadows and Grassy Verges                                                       77,894.8
                                                                                                 8
 GS2 /       Dry Meadows and Grassy Verges / Scrub                                               4,082.93
 WS1
 GS4         Wet Grassland                                                                       11,191.4
                                                                                                 1
 PB1 /       Raised Bog / Dry Calcalerous Neutral Grassland                                      4,937.77
 GS1

Table 2 Calculated Habitat Loss from Greenway (Worst Case Scenario based on 3m towpath for full
route)

Table 2 below shows the calculated habitat loss of habitats in a worst-case scenario (ie: 3m wide ) towpath.
This table shows the identified habitats outside of any Ecologically Sensitive Areas, which are shown in
the subsequent Table 3. As can be seen, the habitat which presents as the largest loss in m2 is Dry
meadows and Grassy verges at 9,570m2; followed by Wet willow Ash woodland at 6,004 m2 (note along
these areas, the footpath will not be designed for 3m width) and Dry Calcareous and Neutral Grassland,
3,612m2 and Improved Agricultural Grassland at 3,550m2.

 Fossitt Habitat Code      Description                                                            Area m2
 WD1                       (Mixed) Broadleaf Woodland                                            1,236.49
 GA2 / GS2                 Amenity Grassland (Improved) /                                        1,817.30
                           Dry Meadows and Grassy Verges
 BL3                       Buildings and Artificial Surfaces                                     2,397.97
 FW3                       Canals                                                                  162.45
 GS1                       Dry Calcareous and Neutral                                            3,612.43
                           Grassland
 GS2                       Dry Meadows and Grassy Verges                                         9,570.28
 GS2 / WS1                 Dry Meadows and Grassy Verges /                                         138.68
                           Scrub
 GA1                       Improved Agricultural Grassland
 GA1 / GS2                 Improved Agricultural Grassland /                                     3,550.55
                           Dry Meadows and Grassy Verges
 WN2                       Oak-Ash-Hazel Woodland                                                  344.26
 ED3 / GA2                 Recolonising Bare Ground                                                711.56
                           Improved Agricultural Grassland
 FS1                       Reed and Large Sedge Swamp                                              798.83
 WS1 / GS4                 Scrub and Scrub / Wet Grassland                                       1,452.81
 ED2 / ED3                 Spoil and Bare Ground /                                                 357.73
                           Recolonising Bare Ground /Dry
                           Meadows and Grassy Verges

                                                                                                       10 
FS2                     Tall-Herb Swamps                                                         3.49

 GS4                     Wet Grassland                                                     1,500.94
 WN6 / FS1               Wet-Willow-Alder-Ash Woodland /                                  6,004.989
                         Reed and Large Sedge Swamps

Table 3 Calculation of Habitat Loss due to 3m wide footprint along Ecologically Sensitive Areas
(Worst Case Scenario)

 Fossit  Description Area m2           ESA ESA Name                ESA Description                   Annex Habitat
 Habitat
 Code
 WN7     Bog         33.61             Y     Peatland, wetland     Assemblage of degraded            N
         Woodland                            and orchid rich       raised bog, diverse marsh,
                                             grassland at          reed and large sedge swamp
                                             Bracklin Big          and orchid rich calcareous
                                                                   grassland
 WS1      Scrub         0.00           Y     Peatland, wetland     Assemblage of degraded            N
                                             and orchid rich       raised bog, quaking bog, reed
                                             grassland at          and large sedge swamp and
                                             Bracklin Big          orchid rich calcareous
                                                                   grassland
 PF3      Transition    104.29         Y     Peatland, wetland     Assemblage of degraded            N
          mire and                           and orchid rich       raised bog, quaking bog, reed
          quaking                            grassland at          and large sedge swamp and
          bog                                Bracklin Big          orchid rich calcareous
                                                                   grassland
 PF3      Transition    17.31          Y     Peatland, wetland     Assemblage of degraded            N
          mire and                           and orchid rich       raised bog, quaking bog, reed
          quaking                            grassland at          and large sedge swamp and
          bog                                Bracklin Big          orchid rich calcareous
                                                                   grassland
 GM1      Marsh         17.55          Y     Peatland, wetland     Diverse pockets of sedge and      N
                                             and orchid rich       broadleaved herb vegetation
                                             grassland at          in an otherwise dried out area
                                             Bracklin Big          of the canal. Likely to be of
                                                                   benefit to invertebrates
 WN2      Oak-Ash-      64.63          Y     Semi-natural          Semi-natural oak-ash-hazel        N
          Hazel                              woodland at           woodland. Good habitat to
          Woodland                           Bracklin Little       support faunal activity
                                                                   including badger and bat.
                                                                   Pockets of the woodland u/s
                                                                   layer are species rich
 GS2 /    Dry           120.80         Y     Semi-natural          Semi-natural oak-ash-hazel        N
 WS1      Meadows                            woodland at           woodland. Good habitat to
          and Grassy                         Bracklin Little       support faunal activity
                                                                   including badger and bat.
                                                                                                    11 
Fossit  Description Area m2     ESA ESA Name            ESA Description                    Annex Habitat
Habitat
Code
        Verges /                                        Pockets of the woodland u/s
        Scrub                                           layer are species rich
BL3     Buildings   329.75      Y   Murphy's Bridge     Calcarous grassland strip          N
        and                         Esker               bordering Murphy's Bridge
        Artificial                                      Esker
        Surfaces
GA2 /   Dry         964.54      Y   Potential orchid    Canal towpath which                N
GS2     Meadows                     grasslands at       supported orchid rich
        and Grassy                  Ahuldred            grassland while access to the
        Verges                                          canal was restricted. Potential
                                                        for this habitat to establish
                                                        again.
PF3     Transition    22.56     Y   Peatland, wetland   Assemblage of degraded             N
        mire and                    and orchid rich     raised bog, quaking bog, reed
        quaking                     grassland at        and large sedge swamp and
        bog                         Bracklin Big        orchid rich calcareous
                                                        grassland
GS1 /   Dry           755.32    Y   Peatland, wetland   Assemblage of degraded             N
GS2     Calcareous                  and orchid rich     raised bog, diverse marsh,
        and                         grassland at        reed and large sedge swamp
        Neutral                     Bracklin Big        and orchid rich calcareous
        Grassland /                                     grassland
        Dry
        Meadows
        and Grassy
        Verges
FS1     Reed and      197.37    Y   Peatland, wetland   Assemblage of degraded             N
        Large                       and orchid rich     raised bog, quaking bog, reed
        Sedge                       grassland at        and large sedge swamp and
        Swamp                       Bracklin Big        orchid rich calcareous
                                                        grassland
GS1     Dry           3025.49   Y   Peatland, wetland   Assemblage of degraded             Y
        Calcareous                  and orchid rich     raised bog, diverse marsh,
        and                         grassland at        reed and large sedge swamp
        Neutral                     Bracklin Big        and orchid rich calcareous
        Grassland                                       grassland

                                                                                          12 
2.2 Methodology for Greenway Construction
2.2.1 General Methodology:
As outlined in the introduction, the proposal is to develop a greenway (cycleway and footway) upon the
towpath (deviating between eastern and western side towpath) of the former Kilbeggan Branch of the
Grand Canal from Kilbeggan Harbour to Ballycommon Bridge. Works will be completed and overseen by
the respective local authorities i.e. Westmeath County Council and Offaly County Council and will include
a subcontractor agreement with a qualified Ecological Clerk of Works.(See section 2.11)).

2.2.2 Equipment
The following will be used in the work, where necessary.

        Tracked Excavator
        Mini Excavator
        Hand/Power Tools
        Barriers
        Signage
        JCB Excavator
        Trucks
        Grader
        Tractor mounted hedge cutter.

2.2.3 Surface Water Management
Surface water runoff during the construction phase will be contained (and will either drain to ground or
will drain away from the canal). Water will be prevented from draining to the canal through the retention
of the existing bank on the canal side of the towpath and where this is absent, the provision of a barrier
at such locations that will prevent the migration of surface water to the canal.

2.2.4 Noise and Vibration
Noise and vibration emissions will be generated during the construction phase. In order to minimise any
potential for noise and vibration and potential nuisance to residents located within proximity to the canal
and other ecological receptors such as otters or badgers mitigation measures will be implemented. These
measures will adhere to the best practice guidelines outlined in BS5228: Code of Practice for Noise and
Vibration Control on Construction and Open Sites – Part 1 Noise (2009 + A1 2014). These standard
guidelines offer detailed guidelines on the control of noise and vibration from construction activities. The
following mitigation measures will be implemented during the construction phase of the proposed
development to ensure noise and vibration limit values are complied with:
•       The hours during which site activities are likely to create high levels of noise will be limited to a
set time period;
•       A site representative will be appointed to take responsibility of all matters relating to noise and
vibration;
•       Plant with low inherent potential for generating noise and/or vibration will be selected for
construction;
•       Where required, noise barriers will be erected around items such as generators or high duty
compressors;

                                                                                                          13
•       Plant which have high inherent potential for generating noise will be sited as far away from
sensitive properties as permitted by site constraints.

With the implementation of the measures it is predicted that the nuisance impact of noise generated
during the construction phase will be of a short-term, slight, negative nature.

2.2.5 Construction sequence

Prior to the commencement of the construction works, the setting out of the construction footprint along
the proposed greenway will be the first item of works to be completed on the ground. The construction
footprint will be limited to the width of the existing towpath where present (as indicated on drawings)
from its boundary adjacent to the bankside verge to its boundary which is represented variously by a
grassy verge, treelines, hedgerows. In the case of the expanse of bogland and woodland areas which the
greenway will traverse, the construction corridor will be limited to encompassing lands of the greenway
and necessary construction corridor.

Once marked out on the ground the construction corridor temporary fencing will be installed. Once
fencing is in place all construction plant, machinery and personnel will be restricted from encroaching into
areas along the canal beyond the temporary construction fenceline.

Once the fenceline is in place, the subject lands will be closed to the public for the duration of the
construction phase.

2.2.6 Ecologically Sensitive Areas.
7 such areas are identified along the Kilbeggan Branch and these will be marked out as part of the initial
construction sequence, prior to commencement of construction works. Please see table within Section
3.3.3 for further details.

2.2.7 Surface Types
Tailored surface finishes shall be employed to ensure a durable and fit for purpose greenway in
accordance with National Trails Office Guidance. These surfaces will not only improve accessibility but
provide a more robust surface that will be able to withstand increased footfall. Surface dressing will also
be utilised where deemed necessary and appropriate for vehicular access (serving necessary agricultural
use/ Waterways Ireland operations only) and other material finishes will be incorporated into the scheme
where appropriate.

2.2.8 Construction Methodology for Surface Types
804 and Quarry Dust:
Geotextile Polybrane 240 Membrane or alternative equivalent product grade Sub -Base layer 4” Down
Broken Stone, then Granular sub-base, in accordance with Clause 804 of Tii Specification.
Any Stripped vegetation and excavated topsoil to be stacked neatly either side of formation tray to be
used for reinstatement of path shoulders.
                                                                                                       14 
There will be no excavation requirements in regard to the overlay of the existing surface other than to
address isolated issues with soft spots.

Surface Layer

Surface layer 0/6mm crushed limestone or quarry dust. Using either a drag box or suitable excavator lay
limestone dust to falls and levels, to form 1.5m to 3m wide path surface. Compact surface layer using a
roller until satisfactory compaction is achieved. Once rolling is finished, check levels of the surface at
regular intervals along the compacted surface layer for consistent even surface regularity. Any part of the
surface layer deviating from the required level must be raked off or topped up with additional limestone
dust and re- compacted to the correct levels.

Surface Dressing / Bitmac/Asphalt

Geotextile Polybrane 240 Membrane or alternative equivalent product grade . Sub -Base layer 4” Down
Broken Stone then Granular sub-base, in accordance with Clause 804 of Tii Specification.
Base layer 60mm Dense Bitumen Macadam base course to NRA Specification for Road Works (Series 900).
Surface layer 40mm hot rolled asphalt to NRA Specification for Road Works (Series 900) or Dense Bitumen
Macadam wearing course to NRA Specification for Road Works (Series 900).

Landscaping

Using available topsoil and turfs from excavations (and only if necessary, imported topsoil). Landscaped
verges and edges should be finished level with path surface and taper down and away from the path
surface to allow surface water to run off onto adjacent verges.

Other Surfacing

Other surface finishes (including geotextile installation) may be incorporated into the project, where
appropriate.

                                                                                                      15 
2.3 Best Practice Construction Approach
All construction works, relating to the activities and construction sequence outlined in Section 2.2 above,
will be undertaken in accordance with the following:

            o    Inland Fisheries Ireland’s Requirements for the Protection of Fisheries Habitat during
                 Construction and Development Works.
            o    CIRIA (Construction Industry Research and Information Association) Guidance Documents
                     ▪   Control of water pollution from construction sites (C532)
                     ▪   Control of water pollution from linear construction projects: Technical Guidance
                         (C648)
                     ▪   Control of water pollution from linear construction projects: Site Guide (C649)
                     ▪   Environmental Good Practice on Site (C692)
            o    NRA Guidance Documents
                     ▪   Guidelines for the Crossing of Watercourses during the Construction of National
                         Road Schemes
                     ▪   Guidelines for the Management of Noxious Weeds and Non-Native Invasive Plant
                         Species on National Roads
                     ▪   Guidelines for the Protection and Preservation of Trees, Hedgerows and Scrub
                         Prior to, during and Post Construction of National Road Schemes.

All work completed to be in compliance with the Wildlife Acts, 1976 – 2012;
In areas where Annex II-listed species (e.g. Badgers) or Flora Protection Order species are known to occur
the works shall be carried out under licence from the NPWS.

2.4 Pre-Construction
Prior to construction commencing, Westmeath and Offaly County Councils will record sensitive areas
highlighted in either the statutory conditions and/or conditions on the ground, giving particular reference
to the site operational issues also listed below. This will include the areas identified as Ecological Sensitive
Areas identified by the 2013 Survey, and areas within the footprint of the towpath or adjacent to the
proposed greenway route identified through the habitat mapping produced as part of these surveys. The
identification of these areas on the ground and supervision of fencing off will be supervised by an
Ecological Clerk of Works, to be appointed by the Local Authority.

                                                                                                           16 
2.5 Earthworks

   •   Excavation and infilling will be carried out in small progressive stages;

   •   Any topsoil that is of use for landscaping will be stored on the site. Where this is required during
       the construction phase, it will be stored suitably far away from surface water features and covered
       to avoid excessive sediment run-off or wind blow;

   •   Whilst no significant run-off of silt laden run-off is anticipated, given the proposed construction
       methodology, the site will be regularly monitored by construction staff for signs of run-off such
       as silt in surrounding vegetation and measures will be put in place to prevent this where
       necessary. This may include the provision of a solid containment berm (of soil) or alternatively the
       erection of a silt fence. A silt fence may be constructed by attaching a sheet of geotextile
       membrane to a stock fence and burying the bottom of it into the ground, thus allowing water to
       pass through but not the heavier fraction of the sediment;

   •   Excavations will be carried out using a suitably sized excavator;

   •   Any excavated soil that is not re-used will be disposed of to a Local Authority approved waste
       disposal facility;

   •   In all circumstances, excavation depths and volumes will be minimised and excavated material
       will be re-used where possible.

2.6 Fuel Use and Storage
The use of machinery at the site carries the potential for accidental hydrocarbon contamination of the
area, by fuel spillages or oil leaks for example. The works will be carried out in accordance with the
following measures to avoid such impacts:
   •   Mobile storage such as fuel bowsers will be bunded to 110% capacity to prevent spills. Tanks for
       bowsers and generators shall be double skinned.
   •   When not in use, all valves and fuel trigger guns from fuel storage containers will be locked.
   •   All plant refuelling will take place on site using mobile fuel bowsers. Only dedicated trained and
       competent personnel will carry out refuelling operations.

                                                                                                        17 
•   Plant refuelling will take place as far as practicable from watercourses located within proximity
      such as the Silver River and Grand Canal at Ballycommon. A spill kit and drip tray shall be on site
      at all times and available for all refuelling operations. Equipment shall not be left unattended
      during refuelling.
  •   All pipework from containers to pump nozzles will have anti siphon valves fitted.
  •   Strict procedures for plant inspection, maintenance and repairs shall be detailed in the
      contractor’s method statements and machinery shall be checked for leaks before arrival on site.
  •   All site plant will be inspected at the beginning of each day prior to use.
  •   Defective plant shall not be used until the defect is satisfactorily fixed.
  •   All major repair and maintenance operations will take place off site.
  •   Care will be taken at all times to avoid contamination of the environment with contaminants other
      than hydrocarbons, such as uncured concrete or other chemicals.
  •   The plant refuelling procedures described above shall be detailed in the contractor’s method
      statements.

2.7 Measures to Protect Water Quality & Surface Water Bodies
  •   A number of aqueducts (five in total) occur along the proposed Greenway Route. These aqueducts
      cross over watercourses such as the Silver River. To prevent the ingress of any surface water or
      dust emissions to these watercourses during the construction phase, a temporary silt trap and
      impermeable barrier will be placed along the edge of the aqueduct while dust screens will be
      placed over the aqueduct guardrails.
  •   Suitable prevention measures will be put in place at all times to prevent the release of sediment
      to other drainage channels associated with construction areas and migration to adjacent
      watercourses.
  •   To reduce erosion and silt-laden runoff, the creation, where possible, of natural vegetation buffers
      between the construction footprint and the canal area and other drainage channels and divert
      runoff from exposed excavated areas will be undertaken.
  •   Disturbance to natural drainage features will be avoided during the construction and/or
      maintenance of proposed greenway.
  •   Excavated material will not be stored immediately adjacent to watercourses.
  •   During maintenance works of greenway, no construction activities will be undertaken at
      watercourse crossing in wet weather conditions.
                                                                                                     18 
•   Any refuelling or lubrication of machinery will not be undertaken within 50m of a watercourse.

2.8 Non-Native Invasive Species
The presence of non-native invasive terrestrial plant species was not identified along the proposed
Greenway Route during the 2013 habitat surveys. However, Canadian waterweed was recorded in the
2013 survey in an area south of Wood of O Bridge (Offaly County Council).

    • The proposed works will involve the movement of soil on the site and will create disturbed ground
        that may, in the absence of undertaking biosecurity measures at construction stage, be subject to
        colonization with non-native and invasive species such as Japanese Knotweed and Butterfly Bush.
        In this regard, the following biosecurity measures to be undertaken:Any vegetation clearance or
        construction works to be undertaken in the vicinity of areas identified as supporting non-native
        species will be undertaken in accordance with the Transport Infrastructure Ireland (TII) (formerly
        the National Roads Authority (NRA)) guidance measures for the control and management of
        noxious weeds and non-native invasive species (see NRA, 2010). Sites of known infestation shall
        be clearly marked prior to works and avoided during construction. The importance of preventing
        the spread of these species will form part of a tool box talk to all personnel prior to construction
        commencing.
    •   In the event that additional topsoil and quarried stone is required on the site, it will be sourced
        from a stock that has been screened for the presence of any invasive species and where it is
        confirmed that none are present.
    •   Sites of known infestation shall be clearly marked prior to works and avoided during construction.
        The importance of preventing the spread of these species will form part of a tool box talk to all
        personnel prior to construction stage.
    •   All contractors should incorporate strict biosecurity protocols into their Construction
        Environmental Management Plans. These protocols to include the thorough cleaning and
        disinfection of all machinery prior to arrival and departure from the site, to prevent the spread of
        invasive species.

2.9 Mitigation Measures
2.9.1 Mitigation by avoidance
The proposed greenway design has been underpinned by the mitigation hierarchy of avoidance,
reduction and remediation. As such the final design of the greenway has been restricted to the footprint
                                                                                                       19 
of the former towpath (combination of eastern and western side of former canal as per accompanying
drawings) and will be minimised to 1.5m to 2m width in areas of greatest sensitivity.

2.9.1.1 Habitats
The proposed greenway will not involve any new watercourse crossings and only existing crossings over
the Silver River and other watercourses will be utilised for the project. The absence of any new crossings
will ensure potential habitat loss and disturbance to fauna along the former canal is avoided.

The Ecological Clerk of Works will be employed to supervise pre-construction works, excavator works, and
reinstatement works. Where soil that includes potential calcareous grassland is removed, its supervision
including reinstatement works will also be supervised by the Ecological Clerk of Works.

2.9.1.2 Fauna
It is not proposed to include any public lighting along the greenway. The avoidance of lighting will ensure
that potential adverse effects to light sensitive species, such as bats, badgers, otters, barn owl and a range
of invertebrates will be avoided.

2.9.1.3 Birds
Impacts to breeding birds will be avoided by retaining trees, scrub and woodland occurring either side of
the greenway. Should pruning or cutting be required to facilitate construction works or allow for the
provision of minimum required greenway width, any such works will be undertaken outside of the bird
nesting season and in compliance with the Wildlife Acts as amended.

General Pre-Construction Badger Survey
Prior to any works being carried out, a pre-construction badger survey will be undertaken in the area
around Whelan’s Bridge where an active badger sett in the canal channel was identified in 2013. This
survey should be completed well in advance of the commencement of construction to allow for
derogation licence applications in the event that additional badger setts are identified. Should additional
setts be identified adjacent to the construction footprint then all measures in line with good practice will
be required to be implemented.

2.10 Enhancement
Any stripped topsoil from the species rich grassland areas should be stockpiled, covered and stored
(outside species-rich areas, ESAs, areas prone to flooding or areas with tall herb vegetation). This topsoil
will contain a species-rich seed bank and should be utilised, where possible, as backfill or landscaping
material and allowed to regenerate naturally. The identification of the most appropriate areas and
supervision of same will be the responsibility of the Ecological Clerk of Works.

Calcareous grassland that may be lost due to the project works may also form part of a translocation
strategy to adjacent unaffected areas of grassland, elsewhere along the route with similar conditions (such
as aspect).

Training will be provided to local operatives in explaining the ecological importance of habitats and the
implementation of a more relaxed mowing regime for ecological areas supporting calcareous grasslands,
                                                                                                         20 
where required. This will be organised by Westmeath County Council in conjunction with Waterways
Ireland.

2.11 Ecological Clerk of Works
It will be a requirement of the contractor to provide for an Ecological Clerk of Works to supervise works
at key stages of the project, in particular in relation to excavation activities. The ecological clerk of works
must be fully qualified and experienced with proof of qualifications and previous project experience and
be a member of the Institute of Ecology and Environmental Management.

2.12 Monitoring
Monitoring plans (during and post construction) for protected species such as bats and Otter will be
implemented, where required, to ensure adverse environmental effects are avoided. Post construction
monitoring of calcareous grassland will be undertaken in 2, 4 and 6 years post construction. This will form
part of the planning consent.

                                                                                                          21 
3 Receiving Environment
3.1 Introduction
Schedule 6 of the Planning and Development Regulations, 2001, as amended, outline the aspects of the
environment likely to be significantly affected by a proposed development. These are:
    • Human beings
    • Fauna and flora
    • Soil
    • Water
    • Air/climatic factors
    • Landscape
    • Cultural heritage, including the architectural and archaeological heritage and cultural heritage
    • Material assets
    • The inter-relationship between the above factors.

3.1.1 Overview
The Grand Canal main line comprises of some 144km extending from Dublin city and connecting with the
River Shannon on the Offaly/Galway boundary. It was fully constructed in 1803, whilst the Kilbeggan
Branch became operational in 1836. Closed formally to navigation in 1961 the Kilbeggan branch was
seeping water from the canal banks, leading to pressure on water levels on the main line. Consequently,
the Kilbeggan branch was dammed at Ballycommon, immediately upstream of Campbells Bridge and
allowed to dry out. Since its closure, the canal channel has infilled with reed vegetation, scrub and wet
woodland whilst in some parts the towpath margins have been reclaimed for pasture. In recent years,
parts of the towpath have become popular for amenity use including walking and horseriding.

The Grand Canal is a focus for a wide range of uses, especially for recreation and tourism purposes. The
visual quality of the surrounding areas is intrinsic to maintaining the attractiveness of the Grand Canal
corridor. As an ecological corridor, the Grand Canal is of great significance as it links and connects with a
number of habitats and key watercourses along an east-west orientation. It functions as an important
stepping stone for a range of species.
A summary of each of the above topics as they relate to the receiving environment is provided below and
each summary description is from the southern area of the former Kilbeggan Branch canal at
Ballycommon northwards to Kilbeggan.

                                                                                                        22 
3.2 Human Beings
The project area is located within four Electoral Districts. The immediate area is primarily agricultural with
a dispersed settlement pattern of housing. The largest settlements close to the canal are Kilbeggan to the
north and Tullamore to the south. Table 4 below shows the breakdown for the four relevant Electoral
Districts.

Table 4 Electoral Districts

                                                                                                                                                    Population Change 2011

                                                                                                                                                                             Population Change 2016
                                                                                                 Deprivation Score 2011

                                                                                                                          Deprivation Score 2016
                                        Total Population 2011

                                                                      Total Population 2016
                          ED ID

   ED Name

   Ballycommon         12059      561                           599                           -0.79                       3.03                     5.45                      0.07

   Rahugh              13097      297                           273                           -1.74                       -1.23                    -1.00                     -0.08

   Ardnaglew           13053      275                           276                           5.77                        2.31                     7.84                      0

   Kilbeggan           13079      1523                          1604                          -2.46                       -3.17                    23.62                     0.06

Figure 1 overleaf shows the total population figures for Electoral Districts within a 15km buffer of the
proposed development and Figure 2 shows population density for the project area within a 15km buffer.

                                                                                                                                                                                                      23 
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