yvonne english environmental licensing programme office of ... · yvonne english . environmental...

Yvonne English Environmental Licensing Programme Office of Climate, Licensing & Resource Use Environmental Protection Agency PO Box 3000 Johnstown Castle Estate Co. Wexford.

26th May 2015

IW-ER-LT0245

RE: Ballyjamesduff Waste Water Discharge Licence Application D0256-01

Dear Yvonne English

In response to the Regulation 18(3)(b) request for further information notice dated the 19th

February 2015, please see below relevant information.

Provide a revised drawing clearly detailing the boundary of the agglomeration to which

this application relates. Please note that the agglomeration boundary shall include all

areas serviced by the sewer network, shall include the waste water treatment plant,

shall be a solid red line and shall be clearly labelled. All areas of the agglomeration

shall be within the agglomeration boundary.

A revised agglomeration map is reproduced in Appendix 1.

You are thereby required to submit a Natura Impact Statement as defined in Regulation

2(1) of the European Communities (Birds and Natural Habitats) Regulations (S.I. No.

477 of 2011).

The Appropriate Assessment (Natura Impact Statement) Report for the Ballyjamesduff

agglomeration is reproduced in Appendix 2 as requested. The report concluded that the

Ballyjamesduff discharge, alone or in-combination with other plans and/or projects will not

give rise to significant effects on the integrity of the Moneybeg and Clareisland Bogs SAC,

Lough Kinale and Derragh SPA and the Lough Sheelin SPA, as long as the mitigation

measures are implemented in full.

The recommended mitigation measures in support of the ongoing operation of

Ballyjamesduff WwTP plant are:

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3Q

© Ordnance Survey Ireland

252000 253000

2900

0029

1000

Agglomeration UpdatesBallyjamesduff

¯

0 200 400100Metres

1:7,000at A3

Last edited by: elaurina

Created by: sminogue

Approved by: M.O'Reilly

Created date: 13/03/2015

Last edited: 26/05/2015

Approved date: 19/05/2015

Whilst every care has been taken in its compliation, Irish Water gives this information as to the position of its underground network as a general guide only on the strict understanding that it is based on the best available information provided by each Local Authority in Ireland to Irish Water. Irish Water can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does notaccept any liability whatsoever arising from any errors or omissions.This information should not berelied upon in the event of excavations or any other works beeing carried out in the vicinity of the Irish Water underground network. The onus is on the parties carrying out excavations or any other works to ensure the exact location of the Irish Water underground network is indentified prior to excavations or any other works being carried out. Service connection pipes are not generally shownbut their presence should be anticipated.

© Copyright Irish Water

Reproduced from the Ordnance Survey Of Ireland by Permission of the Government. License No. 3-3-34

3Q Treatment Plant

Updated IW Agglomeration boundary

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Irish Water

Report

Natura Impact Statement as part of the Ballyjamesduff Waste

Water Discharge Licence Application – D0256-01

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2 | Irish Water Natura Impact Statement – Ballyjamesduff

Contents

Introduction 3

Legislative Context 3

Methodology 5

Guidance Followed 5

Stages Involved in the Appropriate Assessment Process 6

Field Walkover Surveys 6

Consultation 6

Stage 1: Screening 7

Stage 2: Appropriate Assessment 8

Description of the Project 8

Description of the Receiving Environment and Monitoring Results 9 Waste Assimilative Capacity 10 Field Walkover Survey 10

Description of the Natura 2000 Site Affected 11

Description of the Conservation Interests of the SAC 12 Moneybeg and Clareisland Bogs SAC 12 Annex I Habitats 12 Moneybeg and Clareisland Bogs SAC 13 Description of the Conservation Interests of the SPA 13 Lough Kinale and Derragh Lough SPA 13 Annex II Birds and Qualifying Species and Habitats 13 Lough Sheelin SPA 14 Annex II Birds and Qualifying Species and Habitats 14

Conservation Objectives of the Natura 2000 sites 16

Moneybeg and Clareisland Bogs SAC 16 Lough Sheelin SPA 16 Lough Kinale and Derragh SPA 16

Impact Prediction 17

Impacts on Water Quality 17 Impacts on Annex I Habitats 18 Impacts on Annex II Species 19

Mitigation Measures 21

Stage 2 Appropriate Assessment Conclusion Statement 21

References 23

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Introduction

This Natura Impact Statement provides an Appropriate Assessment (AA) of the existing

wastewater discharge from the Ballyjamesduff agglomeration, located in County Cavan. This

Report assesses whether the current discharge from the Ballyjamesduff agglomeration, alone or

in combination with other plans and projects, are likely to have significant effects on a European

Site(s) in view of best scientific knowledge and the conservation objectives of the site(s).

European Sites are those identified as sites of European Community importance designated as

Special Areas of Conservation under the Habitats Directive or as Special Protection Areas under

the Birds Directive.

This report follows the guidance for AA published by the Environmental Protection Agency (EPA)

‘Note on Appropriate Assessments for the purposes of the Waste Water Discharge

(Authorisation) Regulations, 2007 (S.I. No. 684 of 2007)’ (EPA, 2009); and takes account of the

Department of the Environment, Heritage and Local Government guidelines ‘Appropriate

Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities’ (DoEHLG, 2009)

and Circular L8/08 ‘Water Services Investment and Rural Water Programmes – Protection of

Natural Heritage and National Monuments’ (DoEHLG, 2008).

This Natura Impact Statement was completed by Nicholas O’Dwyer Ltd. on behalf of Irish Water.

Legislative Context

The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and

Flora, better known as “The Habitats Directive”, provides legal protection for habitats and species

of European importance. Articles 3 to 9 provide the legislative means to protect habitats and

species of Community interest through the establishment and conservation of an EU-wide

network of sites known as Natura 2000. These are Special Areas of Conservation (SACs)

designated under the Habitats Directive and Special Protection Areas (SPAs) designated under

the Conservation of Wild Birds Directive (79/409/ECC) as codified by Directive 2009/147/EC.

Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and

projects likely to affect Natura 2000 sites (Annex 1.1). Article 6(3) establishes the requirement for

Appropriate Assessment (AA):

Any plan or project not directly connected with or necessary to the management of the

[Natura 2000] site but likely to have a significant effect thereon, either individually or in

combination with other plans or projects, shall be subjected to appropriate assessment

of its implications for the site in view of the site’s conservation objectives. In light of the

conclusions of the assessment of the implications for the site and subject to the

provisions of paragraph 4, the competent national authorities shall agree to the plan or

project only after having ascertained that it will not adversely affect the integrity of the

site concerned and, if appropriate, after having obtained the opinion of the general

public.

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Article 6(4) states:

If, in spite of a negative assessment of the implications for the [Natura 2000] site and in

the absence of alternative solutions, a plan or project must nevertheless be carried out

for imperative reasons of overriding public interest, including those of a social or

economic nature, Member States shall take all compensatory measures necessary to

ensure that the overall coherence of Natura 2000 is protected. It shall inform the

Commission of the compensatory measures adopted.

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Methodology

Guidance Followed

Both EU and national guidance exists in relation to Member States fulfilling their requirements

under the EU Habitats Directive, with particular reference to Article 6(3) and 6(4) of that Directive.

The methodology followed in relation to this AA has had regard to the following guidance:

Note on Appropriate Assessments for the purposes of the Waste Water Discharge

(Authorisation) Regulations, 2007 (S.I. No. 684 of 2007). Environmental Protection

Agency, (EPA, 2009).

Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning

Authorities. Department of Environment, Heritage and Local Government, (DoEHLG,

2010).

Circular L8/08 – Water Services Investment and Rural Water Programmes – Protection

of Natural Heritage and National Monuments. Department of Environment, Heritage and

Local Government, (DoEHLG, 2008).

Communication from the Commission on the Precautionary Principle. Office for Official

Publications of the European Communities, Luxembourg, (EC, 2000a).

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,

(EC, 2000b).

Assessment of plans and projects significantly affecting Natura 2000 sites:

Methodological guidance on the provisions of Articles 6(3) and (4) of the Habitats

Directive 92/43/EEC. Office for Official Publications of the European Communities,

Brussels (EC, 2001).

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, (EC, 2007).

Nature and biodiversity cases: Ruling of the European Court of Justice. Office for Official

Publications of the European Communities, Luxembourg (EC, 2006).

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

2011).

Interpretation Manual of European Union Habitats. Version EUR 28. European

Commission (EC, 2013).

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Stages Involved in the Appropriate Assessment Process

Stage 1: Screening/Test of Significance

This process identifies whether the Ballyjamesduff discharge in, Co. Cavan is directly connected

to or necessary for the management of a European Site(s). This stage identifies whether the

discharge is likely to have significant impacts on European Site(s) either alone or in combination

with other projects or plans.

The output from this stage is a determination for each European Site of not significant,

significant, potentially significant, or uncertain effects. The latter three determinations will cause

that site to be brought forward to Stage 2 Appropriate Assessment.

Stage 2: Appropriate Assessment

This stage considers the impact of the current waste water discharge from the Ballyjamesduff

agglomeration on the integrity of a European Site(s), either alone or in combination with other

projects or plans, with respect to (1) the site’s conservation objectives and (2) the site’s structure

and function and its overall integrity. Where adverse impacts are identified, mitigation measures

to negate those impacts are determined.

The output from this stage is a Natura Impact Statement (NIS). This document must include

sufficient information for the EPA (Competent Authority) to carry out the Appropriate

Assessment. If the assessment is negative, i.e. adverse effects on the integrity of a site cannot

be excluded then the process must consider alternatives (Stage 3) or proceed to Stage 4.

Stage 3: Assessment of Alternatives

This process examines alternative ways of achieving the objectives of the project or plan that

avoid adverse impacts on the integrity of the European Site. This assessment may be carried out

concurrently with Stage 2 in order to find the most appropriate solution. If no alternatives exist or

all alternatives would result in negative impacts to the integrity of the European sites then the

process either moves to Stage 4 or the project is abandoned.

Stage 4: Assessment Where Adverse Impacts Remain

This process is an assessment of compensatory measures where, in the light of an assessment

of Imperative Reasons of Overriding Public Interest (IROPI), it is deemed that the project or plan

should proceed.

Field Walkover Surveys A field walkover survey was undertaken by Ecologist Ger O’Donohoe on 10

th March 2015 to

identify the potential for qualifying species and habitats in the surrounding environs of the

Ballyjamesduff discharge location.

Consultation The EPA, as the competent authority, will seek NPWS advice as may be required in reaching

their decision and the NPWS can only communicate with Irish Water on request from the

competent authority (i.e. the EPA).

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Stage 1: Screening

The EPA Screening Determination Report stated “That the activity is not directly connected with

or necessary to the management of the site as a European site and that it cannot be excluded,

on the basis of objective information, that the activity, individually or in combination with other

plans or projects will have a significant effect on a European site and accordingly determined that

an Appropriate Assessment of the activity required, and for this reason determined to require the

applicant to submit a Natura Impact Statement.

This determination is based on the poor ecological status under the Water Framework Directive

of the receiving water (Mountnugent River IE_SH_26_2742) and the potential for cumulative

effects with other plans or projects on the listed European sites.”

Based on the above assessment and in accordance with Article 6(3) of the Habitats Directive, the

discharge from the Ballyjamesduff agglomeration will be brought forward for a Stage 2

Appropriate Assessment.

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Stage 2: Appropriate Assessment

The Lough Sheelin SPA, Lough Kinale and Derragh Lough SPA and Moneybeg and Clareisland

Bogs SAC have been determined as requiring Appropriate Assessment due to their proximities to

the effluent discharge location and are described in the following sections. All the potential

impacts resulting from the Ballyjamesduff WWTP discharge are detailed in relation to the

conservation objectives of these designated sites.

Description of the Project

Ballyjamesduff Wastewater Treatment Plant (WWTP) is located in Ballyjamesduff, County

Cavan. The WWTP plant was constructed in 1999 and was designed to treat a population of up

to 2,200 persons. The plant carries out secondary treatment on the wastewater from the

agglomeration. The current p.e (2015) of the plant is 3,126 and is therefore currently overloaded.

The 2021 projected p.e of the plant is 3,347.

Ballyjamesduff WwTP includes the following treatment processes:

1. Preliminary treatment at the inlet work with fine screening

2. Secondary treatment in the Aeration Oxidation Ditch and Clarifier

3. Tertiary nutrient removal (phosphate)

The treated effluent is discharged to the Mountnugent River (NGR E251930, N290849) which

forms part of the Sheelin River catchment. There are no secondary discharges in the

agglomeration. There is one storm water overflow point, also to the Mountnugent River (NGR

E252043, N290829).

Ballyjamesduff effluent quality is sampled by IW as part of their monitoring programme in line

with compliance conditions. Results of this monitoring (2014) are detailed below in Table 1.0.

Table 1.0: Mean Ballyjamesduff WwTP Effluent Monitoring Data (mg/l) (February

2014 – November 2014)

Parameter Mean Effluent Load

(mg/l)

BOD 7.86

COD 41.14

SS 13.29

Total P 1.49

In 2014 the WWTP effluent was compliant with the ELVs for BOD, COD and SS in the Urban

Waste Water Treatment Directive on all sampling occasions. The results were well below the

ELVs for all parameters.

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In terms of TP on 5 out of the 7 sampling occasions in 2014 the TP concentrations were well

below the design parameter of 2mg/l. On the other 2 sampling occasions the concentrations of

TP were only slightly exceeded at 2.07mg/l/.

Based on the above monitoring results, the plant is still operating effectively and providing a high

level of treatment, despite being overloaded based on the stated design capacity of 2,200 p.e.

Description of the Receiving Environment and Monitoring Results

The receiving water of the effluent from the Ballyjamesduff agglomeration is the Mountnugent

River (known locally as the Pound Stream). The River flows into Lough Sheelin approximately

11.5 km downstream of the discharge. Lough Sheelin is a designated Natura 2000 site; Lough

Sheelin SPA.

The EPA River Water Quality (2004 to present water quality) upstream of the WWTP discharge

is designated as “poor” status and downstream is also classed as “poor”. Based on the WFD

results (2009-2015), the current overall status of the Mountnugent River is “poor”.

The EPA Biological Quality Ratings (Q Values) for the Mountnugent River saw the overall

unsatisfactory ecological conditions persist at all sites on the River. In particular, the dominance

of pollution tolerant macroinvertebrate fauna indicated poor ecological status along the

Ballyjamesduff branch (0120) and Station (0200). Enhanced weed growth, excessive siltation

and low dissolved oxygen concentrations at some of the stations surveyed indicated varying

degrees of eutrophication occurring along the Mountnugent River.

The Ballyjamesduff WWTP is contained within the Inny Water Management Unit. The Action Plan

notes that the Ballyjamesduff WWTP is a point pressure in the Water Management Unit and is a

risk to the catchment. The Water Management Unit Action Plan recommends that an appropriate

performance management system be implemented (Priority 1) and the need for tertiary treatment

or for the relocation of the outfall be investigated (Priority 3) and ensure that the capacity of the

treatment plant is not exceeded (Priority 3).

Results from ambient monitoring undertaken by Cavan Co. Co. upstream and downstream of the

primary discharge location for 2009 are shown in Table 2.0 below. Current ambient monitoring

data is not available. Therefore the data should be viewed as an indication of the situation not

the actual current status of the receiving waterbody.

Table 2.0: 2009 Monitoring Data Upstream and Downstream (of Primary Discharge

Location (Source: IW)

Parameter EQS* Upstream Downstream

BOD ≤2.6 <2 <2

Ammonia ≤0.14 0.07 0.55

Orthophosphate ≤0.075 0.016 0.04

*European Communities Environmental Objectives (Surface Waters) Regulations 2009, S.I. No. 272 of 2009

(95%ile standards presented).

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The 2009 result indicate that the downstream concentrations are compliant with the EQSs for

BOD and Orthophosphate. It is not possible to determine if the current water quality within the

Mountnugent River is in compliance with Schedule 5 of the European Communities

Environmental Objectives (Surface Water) Regulations 2009 (S.I. No. 272 of 2009) as no recent

ambient monitoring data is available.

Waste Assimilative Capacity

Table 3.0 summarises the assimilative capacity calculations which are based on the current

estimated loading of 3,126 PE (Source: Irish Water), 95%ile river flow (0.014 m3/s) (Source: EPA

Hydrometric Data System HydroTool) and water quality standards for River waterbodies in the

European Communities Environmental Objectives (Surface Water) Regulations, 2009 (S.I. No.

272 of 2009).

The WAC calculations carried out are based on IW’s 2014 effluent monitoring data (Table 1.0)

and the 2009 ambient monitoring data.

Assimilative capacity calculations have been completed on both the actual background

concentrations and the EPA “notionally clean river” concentrations.

Table 3.0: Mountnugent River assimilative capacity of Ballyjamesduff wastewater

(3,126 PE), using actual background concentrations and notionally clean

river concentrations

Parameter Background

(mg/l)

Predicted downstream

quality (mg/l) EQS* (mg/l)

BOD Actual Background 2.00 4.89

≤2.6 Notionally Clean 0.26 3.15

Ammonia Actual Background 0.07 3.08

≤0.14 Notionally Clean 0.008 3.02

The Waste Assimilative Capacity calculations tabled above indicates that the Mountnugent River

does not have assimilative capacity for BOD or Ammonia.

Field Walkover Survey

A site walkover survey was conducted by Ecologist Ger O’Donohoe on 10th March 2015.

The Mountnugent River is essentially a small stream at this stage that flows through

Ballyjamesduff town and it was noted during the field survey that there are several surface water

outfalls to the river from the town. Leaving the town, the river flows past the WWTP and is

channelised for a section adjacent to the site of the WWTP. The outfall discharges from the plant

into this section of the river. From the WWTP site, flowing downstream, the river takes a more

natural course and the banks are low and comprised of semi-improved grassland (GS1).

Species present includes Nettle (Urtica dioica) and abundant Ivy (Hedera helix), Lesser

celandine (Ranunculus ficaria) and Bramble growth in patches (Rubus fruticosus agg.).

The river substrate is a mixture of gravel and silt with a moderate flow of relatively clear water.

The outfall discharge appeared clear and there were no visible signs of impact in terms of algal

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or fungal growth. There was little in the way of in-stream vegetation with small patches of

submerged Reed-canary grass (Phalaris arundinaceae).

Description of the Natura 2000 Site Affected

Lough Sheelin SPA

Lough Sheelin is a medium- to large-sized lake, with a maximum length of 7 km. The lake lies

near the top of the catchment of the Inny River, a main tributary of the River Shannon. It is a

typical limestone lake and is fairly shallow (maximum depth 14 m). The trophic status of the lake

has varied greatly since the 1970s due to pollution from mainly agricultural sources. It was

recently (1998-2000) classified as a highly eutrophic system.

Lough Sheelin is a nationally important site for four species of wintering wildfowl and is one of

the main Midlands lakes sites for wintering birds. An improvement in water quality would

probably result in higher numbers of birds frequenting the site.

(Refer to http://www.npws.ie/sites/default/files/protected-sites/synopsis/SY004065.pdf for the full

site synopsis).

Lough Kinale and Derragh Lough SPA

Lough Kinale is a relatively small lake that is situated immediately downstream of Lough Sheelin,

both lakes being near the top of the catchment of the Inny River, a main tributary of the River

Shannon. Derragh Lough, a much smaller system, is connected to Lough Kinale and the Inny

River. This is a typical limestone system and is very shallow (maximum depth of Lough Kinale is

c. 4 m). As with Lough Sheelin, the trophic status of the lake has varied greatly since the 1970s

due to pollution. It was recently (1998-2000) classified as a highly eutrophic system. The lake

was formerly an important Trout fishery.

Whilst relatively small in area and subject to a number of damaging activities, this site retains

national importance for two duck species. With an improvement in the environmental conditions

pertaining at the site, higher numbers of some species would undoubtedly occur.


site synopsis).

Moneybeg and Clareisland Bogs SAC

This site is located on the border of Counties Meath and Westmeath, 9 km east of the town of

Granard. It is situated mainly in the townlands of Clareisland or Derrymacegan, Williamstown and

Moneybeg in Co. Westmeath, and Ross in Co. Meath.

The Moneybeg and Clareisland Bogs site is of considerable conservation significance as it

comprises two raised bogs with semi-natural lake margins. These are found at the north-eastern

extreme of the range of raised bogs in Ireland. Active raised bog is a rare habitat in the E.U. and

one that is becoming increasingly scarce and under threat in Ireland. The site supports a

diversity of raised bog habitats including hummock/hollows and pools. Active raised bog is listed

as a priority habitat on Annex I of the E.U. Habitats Directive. Priority status is given to habitats

and species that are threatened throughout the E.U. Ireland has a high proportion of the total

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http://www.npws.ie/sites/default/files/protected-sites/synopsis/SY004065.pdf



E.U. resource of this type (over 60%) and so has a special responsibility for its conservation at

an international level.


site synopsis).

Description of the Conservation Interests of the SAC


Annex I Habitats

The qualifying habitats of the Moneybeg and Clareisland Bogs SAC are listed below:

Raised Bog (Active)* [7110]

Degraded Raised Bog [7120]

Rhynchosporion Vegetation [7150]


Raised bogs are more abundant in the lowlands of central and mid-west Ireland and are confined

to areas with an annual rainfall below 1,250 mm. They are accumulations of deep acid peat (312

m) that originated in shallow lake basins or topographic depressions. They have a typical

elevated surface or dome, which develops as raised bogs and grow upwards from the surface.

The term “active” means that peat is still forming in a significant area of the bog. This living

actively growing layer is called the acrotelm. The Overall Status of active raised bog is assessed

as Bad and declining. This is due to historic losses and ongoing declines due to peat extraction

and continuing drying, shrinking and slumping of the bog structure. The extent of active peat

forming areas has reduced greatly with a loss of 20-30% reported since 2001. However

restoration by drain blocking has produced encouraging results.

This habitat type is surface water and ground water dependent and is at risk from Nitrogen and

Phosphorous groundwater nutrient enrichment (diffuse and point-source) (Western RBD / ESBI /

Eleanor Mayes, 2008).


Degraded raised bog is characterised by the complete absence of (or a patchy thin cover) of an

acrotelm layer, which is defined as the living, actively growing upper layer of a raised bog. The

presence of the acrotelm is vital to a raised bog as this is the peat forming layer and water

storing layer of the bog. The definition of the habitat (still capable of regeneration), indicates that

the habitat can be restored to active raised bog habitat (7110).

The Overall Status of degraded raised bog is Bad and declining. This is due to the fact that only

limited areas have been restored to Active raised bog and further declines due to peat extraction

and continuing drying are ongoing.

This habitat type is surface water and ground water dependent and is at risk from Nitrogen and

Phosphorous groundwater nutrient enrichment (diffuse and point-source) (Western RBD / ESBI /

Eleanor Mayes, 2008).

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Rhynchosporion depressions occur on blanket bogs and raised bogs both active and degraded.

They occur on wet peat on the margins of pools and hollows and a species poor variant occurs

as a pioneer community in areas of disturbance such as peat-cuttings. They are typically lowland

communities.

Sheep grazing is one of the main land uses occurring in the areas where Rhynchosporion

depressions are found on blanket bog and although Rhynchospora alba itself may be favoured

by peat compaction associated with trampling and a concomitant increase in standing surface

water, the associated species including Drosera anglica and D. intermedia are highly vulnerable

to such pressures. Peat cutting activity on bog can also affect the species composition of

Rhynchosporion depressions. Drainage of raised or blanket bogs results in desiccation of

Rhynchosporion depressions, leading to changes in the suite of species present and the loss of

this habitat. Drying out of active raised bog may result in short-term increases in Rhynchospora

alba, however the other associated species are lost. Continued drying out results in these

depressions being colonised by species intolerant of waterlogging. For these reasons the Overall

Status of this is assessed as Inadequate and declining.

This habitat type is surface water and ground water dependent, however this habitat type is not

considered to be at risk from water pollution pressures (Western RBD / ESBI / Eleanor Mayes,

2008).

Table 4.0: Qualifying Habitats along Surveyed Stretch of Mountnugent River

Site Qualifying

Habitats Immediate Present

Potential to be Present downstream of

Surveyed Stretch

Moneybeg and

Clareisland Bogs

SAC

Raised Bog Upstream No Yes, adjacent to the southern shores of

Lough Sheelin Downstream No

Degraded Raised Bog

Upstream No Yes, adjacent to the southern shores of


Rhynchosporion

Vegetation

Upstream No Yes, adjacent to the southern shores of


* Source: Conservation Objective Series: Moneybeg and Clareisland Bogs SAC NPWS 2015

Description of the Conservation Interests of the SPA

Lough Kinale and Derragh Lough SPA

Annex II Birds and Qualifying Species and Habitats

Lough Kinale and Derragh SPA is important for the presence of a number of Annex II animal

species and has been selected for the following Annex II species:

Pochard (Aythya ferina) [A059]

Tufted Duck (Aythya fuligula) [A061]

Wetland and Waterbirds [A999]

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Lough Sheelin SPA

Annex II Birds and Qualifying Species and Habitats

Lough Sheelin SPA is important for the presence of a number of Annex II animal species and

has been selected for the following Annex II species:

Great Crested Grebe (Podiceps cristatus) [A005]



Goldeneye (Bucephala clangula) [A067]

Wetland and Waterbirds [A999]


Great Crested Grebe is a resident species in Ireland and is widespread throughout the country.

Great Crested Grebes breed on large, shallow eutrophic loughs, and along canals and slow

flowing rivers. wetlands with emergent vegetation bordered by open water are also generally

selected. Winter distribution is widespread with greatest concentration in the north midlands and

northeast and birds from the continent join the resident population. Outside the breeding season

Great Crested Grebes are often solitary with some birds moving to the coast through the winter.

Occasionally, large congregations form for short periods. Birds start returning to breeding areas

from mid-February. They are Amber-listed in Ireland due to the localised wintering population

(<10 sites).


Pochard are diving ducks and they predominantly feed on submerged plant material. Very small

numbers breed in Ireland but much larger numbers arrive in Ireland from mid-September

onwards though moulting males arrive at some lakes such as Lough Derravaragh in late

summer. Birds begin to return to their breeding grounds in northwest Russia and northern

Europe from mid-February and most have departed by late March. Pochard have recently been

Red-listed in Ireland due to long and short-term declines (>50%) in the non-breeding population

(Colhoun & Cummins, 2013).


Tufted Ducks are also diving ducks but they feed predominantly on animal matter such as

mussels, crustaceans and insect larvae. They are widespread but are local breeders and their

numbers are augmented by wintering visitors from Scandinavia in late September. Most

wintering birds leave during March and April. Tufted Duck have recently been Red-listed in

Ireland due to short-term declines (>50%) in the non-breeding population (Colhoun & Cummins,

2013).


This wintering species can be found around the county on coastal estuaries and inland lakes. A

single breeding pair of Goldeneye were recorded at Lough Neagh in 2000 - the first breeding

record in Ireland. Amber-listed in Ireland due to its small breeding population and localised

wintering range.

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Table 5.0: Qualifying Species along Surveyed Stretch of the Mountnugent River

Sites Qualifying

Species

Observed or Signs of Species

Presence Suitable Habitat Present

Lough Kinale and Derragh SPA

Lough Sheelin

SPA

Pochard Upstream No Upstream No

Downstream No Downstream Yes

Tufted Duck

Upstream No Upstream No


Lough Sheelin

SPA

Great Crested

Grebe

Upstream No Upstream No


Golden eye Upstream No Upstream

Yes Downstream No Downstream

Wetlands

Lough Sheelin is a medium- to large-sized lake, with a maximum length of 7 km. The lake lies at

the top of the Inny River, a main tributary of the River Shannon. The shoreline of Lough Sheelin

is varied and no one plant species predominates over large areas. Species present include

Jointed Rush (Juncus articulatus) and Common Spike-rush (Eleocharis palustris) growing on

stony beaches, with Yellow Sedges (Carex cf. demissa), Lesser Spearwort (Ranunculus

flammula), Water Mint (Mentha aquatica) and Black Bog-rush (Schoenus nigricans) also

represented. The shore of the lake is also wooded in places and there are some very small

offshore islands that are wooded with willows (Salix aurita and S. cinerea). The islands are

fringed by swamp communities of Common Reed (Phragmites australis), Common Clubrush

(Scirpus lacustris) and Bottle Sedge (Carex rostrata). A good range of Charophytes has been

recorded from the lake, including Chare denudata, a Red Data Book species.

Lough Kinale is a relatively small lake that is situated immediately downstream of Lough Sheelin

and is at the top of the catchment of the Inny River, a main tributary of the River Shannon.

Derragh Lough, a much smaller system, is connected to Lough Kinale and the Inny River outlet.

Lough Kinale has two main basins, almost separated by swamp formations. Reed swamp is

frequent around the lakes, with Common Reed (Phragmites australis) and Tufted-sedge (Carex

elata) occurring commonly. A calcium-rich small sedge marsh occurs along parts of the

shoreline. This is characterised by species such as Longstalked Yellow-sedge (Carex

lepidocarpa), Marsh Pimpernel (Anagallis tenella), Knotted Pearlwort (Sagina nodosa), Marsh

Pennywort (Hydrocotyle vulgaris) and Water Mint (Mentha aquatica). Areas of bog occur around

the margins of the lakes in places but some of these have been planted with conifers.

Table 6.0: Qualifying Habitats along Surveyed Stretch of the Mountnugent River

Sites Qualifying

Habitat

Observed or Signs of Habitat

Presence

Potential to be Present

Outside of Surveyed Stretch

Lough Kinale and Derragh SPA Lough Sheelin SPA

Wetlands

Upstream No Wetlands associated with Lough

Sheelin downstream. Downstream No

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Conservation Objectives of the Natura 2000 sites

Article 6 of the Habitats Directive states that:

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.

The importance of a site designated under the Habitats Directive is defined by its qualifying

features or interests. Qualifying interests for any Natura 2000 site are listed on a pro forma,

called the Natura 2000 standard data form, which forms the basis of the rationale behind

designation, and informs the Conservation Management Plan for targeted management and

monitoring of key species and habitats.


Objective: To maintain or restore the favourable conservation condition of the Annex I habitat(s)

and/or the Annex II species for which the SAC has been selected:




Lough Sheelin SPA

Objective: To maintain or restore the favourable conservation condition of the bird species listed

as Special Conservation Interests for this SPA:





Objective: To maintain or restore the favourable conservation condition of the wetland habitat at

Lough Sheelin SPA as a resource for the regularly-occurring migratory waterbirds that utilise it.

Lough Kinale and Derragh SPA

Objective: To maintain or restore the favourable conservation condition of the bird species listed

as Special Conservation Interests for this SPA:





Objective: To maintain or restore the favourable conservation condition of the wetland habitat at

Lough Kinale and Derragh Lough SPA as a resource for the regularly-occurring migratory

waterbirds that utilise it.

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Impact Prediction

Impacts on Water Quality

The aquatic conservation interests of the Moneybeg and Clareisland Bogs SAC, Lough Kinale

and Derragh SPA and the Lough Sheelin SPA are directly dependent on the aquatic

environment. As the Ballyjamesduff WWTP discharges treated effluent into the Mountnugent

River, there is a connection between this discharge and the ecological receptors in the

downstream Natura 2000 sites.

The River Water Quality (2004 to present water quality) upstream of the WWTP discharge is

“poor” status and downstream is also classed as “poor”. Based on WFD results (2009-2015) the

current overall status of the Mountnugent River is “poor”.

Ambient monitoring results for 2009 indicates that the WWTP is likely to be contributing to the

concentrations of Ammonia and Orthophosphate downstream of the discharge. It is not possible

to determine the impact in relation to BOD as both upstream and downstream samples were

reported as less than the limit of detection. The Waste Assimilative Capacity calculations using

the notionally clean river approach indicates that the Mountnugent River does not have

assimilative capacity for BOD or Ammonia.

Cumulative water quality impacts, which may impact the Moneybeg and Clareisland Bogs SAC,

Lough Kinale and Derragh SPA and the Lough Sheelin SPA and hence the water dependent

qualifying habitats and species, may result from the following:

Chemical fertiliser application to agricultural lands (the main fertilisers in use supply

nitrogen, phosphorus, potassium and sulphur)

Agricultural practices such as ploughing leads to greater mineralisation and nitrification,

and in the case of old grassland, it can result in an increase in the release of nitrogen

over a number of years (OECD, 1986)

Artificial drainage increases nitrate leaching and reduce the morphological qualities of

watercourses, thereby reducing the quality of habitat for flora and fauna

Forestry may alter water quality indirectly through increased evaporation losses and

hence an increase in solute concentrations

On-site wastewater treatment systems, poorly performing septic tank units and other

small effluent systems can be significant sources of nutrients to rivers.

Point pressures including Section 4 licenced facilities and IPPC licenced facilities

Peat siltation due to peat harvesting, over-grazing by sheep leading to erosion and

forestry practices in the hills during planting and harvesting operations

Based on the limited data available during the completion of this assessment and adhering to the

pre-cautionary principle, it can be concluded that the discharge from the Ballyjamesduff

agglomeration has the potential to be contributing negatively to the water quality of the

Mountnugent River and therefore the discharge has the potential to impact upon the downstream

designated sites and their water dependent qualifying interests.

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Impacts on Annex I Habitats

Raised Bog (Active)

The Active and Degraded Raised Bog habitats of Moneybeg and Clareisland Bogs SAC are

located on the southern shores of Lough Sheelin. There are components of both habitats in each

location. Clareisland Bog would appear from recent aerial photography to have a higher

component of Active Raised Bog with less turf cutting around its periphery. It is predominantly a

terrestrial habitat and therefore the pathway between the WWTP and these habitats would be

related to hydrology and drainage which would not be a consideration with regard to this

wastewater discharge.

Degraded Raised Bog

The Active and Degraded Raised Bog habitats of Moneybeg and Clareisland Bogs SAC are

located on the southern shores of Lough Sheelin. There are components of both habitats in

each location. Moneybeg Bog would appear from recent aerial photography to have a higher

component of Degraded Raised Bog with a relatively higher occurrence of turf cutting around its

periphery. It is predominantly a terrestrial habitat and therefore the pathway between the WWTP

and these habitats would be related to hydrology and drainage which would not be a

consideration with regard to this wastewater discharge.

Rhynchosporion Vegetation

Depressions on peat substrates of the Rhynchosporion are pioneer communities of humid

exposed peat. These could occur on areas of high bog at either Moneybeg and Clareisland

Bogs. The functioning integrity of mires and bogs in which the pioneer community occurs in

mosaic as a sub-habitat should be preserved both with regard to the regulation of the water

balance and the maintenance of open areas. These objectives can be achieved through

restoring and stabilizing favourable hydrological conditions. These habitats therefore primarily

terrestrial therefore the pathway between the WWTP and these habitats would be related to

hydrology and drainage which would not be a consideration with regard to this wastewater

discharge.

Wetlands

Reduced water quality could lead to eutrophication and excessive production of algae or fungal

mats in a worst case scenario. This could have knock-on effects more so for the water birds for

which the downstream habitats are designated.

Table 6.0: Qualifying Habitats Potentially Impacted by the Ballyjamesduff Discharge

Qualifying

Habitats

Potential

Impacts

Brief Explanation Mitigation

required

Raised Bog

(Active)

No These habitats are primarily terrestrial therefore the

pathway between the WWTP and these habitats

would be related to hydrology and drainage which

would not be a consideration with regard to the


No

Degraded Raised

Bog






No

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Qualifying

Habitats

Potential

Impacts

Brief Explanation Mitigation

required

Rhynchosporion

Vegetation





wastewater discharge

No

Wetlands Yes Reduced water quality could lead to eutrophication

and excessive production of algae or fungal mats in a

worst case scenario.

Yes

Impacts on Annex II Species

Lough Sheelin is a very important site for wintering waterfowl, especially diving duck. It supports

nationally important populations of four species, i.e. Great Crested Grebe, Pochard,

Tufted Duck and Goldeneye.


Great Crested Grebes are predominantly piscivorous and breeding productivity and abundance

are largely reliant on the quantity of available fish prey (Crowe. 2005). Reduced water quality

could affect the quantity of fish availability in Lough Sheelin and therefore the Great Crested

Grebe population in turn.


Pochard are diving ducks and plant material predominate their diet. Inland, they feed on spores ,

and occasionally the vegetative parts of aquatic vegetation and also on chironomid larvae.

These ducks could be affected by algal mat smothering or hypoxic conditions in a worst case

scenario causing degradation of vegetation and reduced food availability.


Unlike Pochard, Tufted duck feed predominantly on animal matter, primarily on mussels and to a

lesser extent on crustaceans, insect larvae (particularly caddis-fly) and bryozoans. A small

proportion of vegetation is taken. Thus they are not in direct competition with Pochard for food

resources. Freshwater invertebrates rely on relatively good water quality to survive. Significant

discharges of nutrients such a Nitrogen or Phosphorous could affect the aquatic habitat and have

knock-on effects on Tufted Duck in Lough Sheelin in terms of reduced food availability.


Insects, especially Caddis-fly and chironomid larvae predominate the diet of Goldeneye on inland

waters with molluscs and crustaceans occasionally also taken. Similar to Tufted duck,

Significant discharges of nutrients such a Nitrogen or Phosphorous could affect the aquatic

habitat and have knock-on effects on Goldeneye in Lough Sheelin in terms of reduced food

availability.

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Table 7.0: Qualifying Species Potentially Impacted by the Ballyjamesduff Discharge

Qualifying

Species

Potential

Impact Brief Explanation

Mitigation

Required


Yes

Reduced water quality could affect the quantity of

fish availability in Lough Sheelin and therefore the

Great Crested Grebe population in turn.

Yes


Yes

These ducks could be affected by algal mat

smothering or hypoxic conditions in a worst case

scenario causing degradation of vegetation and

reduced food availability.

Yes


Yes

Significant discharges of nutrients such a Nitrogen or

Phosphorous could affect the aquatic habitat and

have knock-on effects on Tufted Duck in Lough

Sheelin in terms of reduced food availability.

Yes


Yes

Significant discharges of nutrients such a Nitrogen or

Phosphorous could affect the aquatic habitat and

have knock-on effects on Goldeneye in Lough

Sheelin in terms of reduced food availability.

Yes

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Mitigation Measures

Based on the limited ambient monitoring data available during the completion of this assessment

and adhering to the pre-cautionary principle, it can be concluded that the discharge from the

Ballyjamesduff agglomeration is likely to be contributing negatively to the water quality of the

Mountnugent River and therefore the discharge has the potential to impact upon the downstream

designated sites and the water dependent qualifying interests as detailed in Tables 6 and 7

above.

The Water Management Unit Action Plan recommends that an appropriate performance

management system be implemented (Priority 1) and the need for tertiary treatment or for the

relocation of the outfall be investigated (Priority 3) and ensure that the capacity of the treatment

plant is not exceeded (Priority 3).

Mitigation Measures recommended for the ongoing operation of the existing discharge are as

follows:

Monitoring of the effluent discharge and ambient monitoring upstream and downstream

of the Mountnugent River on a regular basis.

Although the effluent discharge is compliant with the UWWTD the plant appears to be

overloaded based on the 2015 p.e. Additional sampling and monitoring should be

undertaken to more accurately determine the plant loading. The WWTP capacity should

then be reviewed to assess whether any upgrade or expansion is needed to cater for the

influent loading.

The effluent quality must continue to meet the requirements as set out in Urban Waste

Water Treatment Regulations, 2001. This will serve to protect this SAC and SPAs.

With regard to the cumulative impacts of the Ballyjamesduff discharge as a whole and

the operational impacts, the waste water discharge effluent standards must be in line

with the Urban Waste Water Treatment Regulations, 2001 and the functioning of the

plant must be in compliance with EPA Waste Water Discharge Licence conditions to

ensure the environmental quality standards for the receiving waters are met.

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Stage 2 Appropriate Assessment Conclusion Statement

The current assessment for the Waste Water Discharge Licence Application investigates the

potential adverse effects on the aquatic qualifying interests of the Natura 2000 network,

specifically the Moneybeg and Clareisland Bogs SAC, Lough Kinale and Derragh SPA and the

Lough Sheelin SPA, arising from the Ballyjamesduff discharge, in combination with other

plans/projects affecting the aquatic environment.

The assessment considers whether the discharge, alone or in combination with other projects or

plans, will have adverse effects on the integrity of the Moneybeg and Clareisland Bogs SAC,

Lough Kinale and Derragh SPA and the Lough Sheelin SPA, and includes any mitigation

measures necessary to avoid, reduce or offset negative effects.

When the above mitigation measures are implemented in full, it is envisaged that there will be no

significant adverse effects on the integrity of the Moneybeg and Clareisland Bogs SAC, Lough

Kinale and Derragh SPA and the Lough Sheelin SPA, in view of the conservation objectives of

the sites and that the conservation status of the Annex II species and Annex I habitats will not be

compromised by the Ballyjamesduff discharge either directly, indirectly or cumulatively.

It is concluded that the Ballyjamesduff discharge, alone or in-combination with other plans and/or

projects will not give rise to significant effects on the integrity of the Moneybeg and Clareisland

Bogs SAC, Lough Kinale and Derragh SPA and the Lough Sheelin SPA, as long as the

mitigation measures as listed above are implemented in full.

This Stage 2 assessment concludes the Appropriate Assessment process and further

assessment is not considered necessary.

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References

Crowe, O. (2005) Ireland’s Wetlands and their Waterbirds; Status and Distribution. BirdWatch

Ireland.

DoEHLG (2008). Circular L8/08 Water Services Investment and Rural Water Programmes –

Protection of Natural Heritage and National Monuments. Department of the Environment,

Heritage and Local Government.

DoEHLG (2009). ‘Appropriate Assessment of Plans and Projects in Ireland. Guidance for

Planning Authorities’. Department of the Environment, Heritage and Local Government.

EPA (2009). Waste Water Discharge Licensing Appropriate Assessment Guidance Notes. Notes

on Appropriate Assessments for the purposes of the Waste Water Discharge (Authorisation)

Regulations, 2007 (S.I. No. 684 of 2007) Environmental Protection Agency, Co. Wexford.

EPA (2014). EPA Maps: http://gis.epa.ie/Envision

European Commission (2000a). Communication from the Commission on the Precautionary

Principle. Office for Official Publications of the European Communities, Luxembourg.

European Commission (2000b). 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 (2001). Assessment of plans and projects significantly affecting Natura

2000 sites: Methodological guidance on the provisions of Articles 6(3) and (4) of the Habitats

Directive 92/43/EEC. Office for Official Publications of the European Communities, Brussels.

European Commission (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.

European Commission, (2007. Interpretation Manual of European Union

Habitats [Online] Available at:

http://ec.europa.eu/environment/nature/legislation/habitatsdirective/docs/2007_07_im.pdf

European Communities (Birds and Natural Habitats) Regulations 2011. S.I. 477 of 2011.

European Communities Environmental Objectives (Surface Waters) Regulations 2009. S.I. 272

of 2009.

Heritage Council. (2011). Best Practice Guidance for Habitat Survey and Mapping.

Holden, P, and Cleeves T. RSPB handbook of British Birds. 2nd Edn. Christopher Helm

Publishers, Incorporated, 2006.

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NPWS (2007). The Status of EU Protected Habitats and Species in Ireland Vol. 1. National Parks

and Wildlife Service, Department of the Environment, Heritage and Local Government, Dublin.

NPWS (2007a). The Status of EU Protected Habitats and Species in Ireland Vol. 2. National

Parks and Wildlife Service, Department of the Environment, Heritage and Local Government,

Dublin.

NPWS (2013). The Status of EU Protected Habitats and Species in Ireland. Species

Assessments Volume 3, Version 1.0. Unpublished Report, National Parks & Wildlife Services.

Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland.

Ordnance Survey Ireland (2015). Mapviewer. Available at:

http://maps.osi.ie/publicviewer/#V1,588882,739883,0,10

Western RBD / ESBI / Eleanor Mayes (2008) Report Protected Areas: Water Dependent

Habitats and Species.

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http://maps.osi.ie/publicviewer/#V1,588882,739883,0,10

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