Attachment B.5 Planning Permissions & Applications · B5.2 A copy of the Planning Inspector’s Report B5.3 A copy of the Screening Statement for Appropriate Assessment (extracted

William Grant & Sons Irish Manufacturing Application for an IPPC Licence Attachments to Application

Doc. Ref. 472-X0004 July 2013

Attachment B.5 Planning Permissions & Applications

This attachment contains the following:

B5.1 A copy of the Planning Permission Reference No. 12/261

B5.2 A copy of the Planning Inspector’s Report

B5.3 A copy of the Screening Statement for Appropriate Assessment (extracted from the EIS)

B5.4 A copy of the Environmental Impact Statement (as a separate attachment)

B5.5 A list of the Planning Applications lodged and Permissions granted for the site

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Doc. Ref. 472-X0004 July 2013

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EPA Export 09-07-2013:23:41:35

| OCTOBER 2012 | ENVIRONMENTAL IMPACT STATEMENT FOR WILLIAM GRANT & SONS LTD.

Appropriate Assessment Screening Statement

10.2.1.Introduction

Kelleher Ecology Services Ltd. was commissioned by McCutcheon

Halley Walsh planning consultants, on behalf of William Grant & Sons, to

undertake a screening statement for a proposed distillery development at

Clonminch, Tullamore, Co. Offaly. This assessment was undertaken a

planning application for a proposed distillery, where European

designated conservation sites are present in the surrounding area.

A screening assessment is undertaken to establish if any proposed plan

or project is likely to have a significant effect on any site that has been

designated under the E.U. Habitats Directive (92/43/EEC), i.e. a Special

Area of Conservation (SAC), or the E.U. Birds Directive (2009/147/EC),

i.e. a Special Protection Area (SPA). Collectively, SAC’s and SPA’s are

known as Natura 2000 sites. The Natura 2000 sites under consideration

here are Charleville Wood SAC, River Barrow and Nore SAC and Clara

Bog SAC. The conservation objectives of Natura 2000 sites have been

compiled by the National Parks & Wildlife Service (NPWS) in relation to

the habitats and species for which the sites are selected. These

conservation objectives are referred to when carrying out appropriate

assessments for plans and projects that might impact on these sites. So

in this case, the conservation objectives of Charleville Wood SAC, River

Barrow and Nore SAC and Clara Bog SAC have been considered in the

following assessment and report.

A screening assessment is part of an appropriate assessment process

that consists of up to four stages, where each stage follows on from the

preceding one. In Stage 1, a screening process is undertaken to identify

whether significant1 impacts on a Natura 2000 site are likely to arise from

the project or plan in question. If significant impacts are likely to occur,

then the process moves on to Stage 2 where an appropriate assessment

(AA) considers potential mitigation measures for adverse impacts. If it is

considered that mitigation measures will not be able to satisfactorily

reduce potential adverse impact on a Natura 2000 site then an

assessment of alternative solutions is considered in Stage 3. This is then

followed by Stage 4 in the event that adverse impacts remain and the

proposed activity or development is deemed to be of Imperative Reasons

of Overriding Public Interest (IROPI), allowing an assessment of

compensatory measures to be considered. The outcome of a Stage 2

and higher assessment is presented in a report known as a Natura

Impact Statement (NIS).

1EPA (2003) define significant impact as “An impact which, by its character, magnitude, duration

or intensity alters a sensitive aspect of the environment.”

This report presents the outcome of a Stage 1 screening assessment to

identify whether significant impacts are likely to arise from the proposed

development on the Natura 2000 sites in question. This report has been

completed as part of a planning application by the client to Offaly County

Council for a proposed distillery. The following guidelines were used in

the completion of this assessment;

Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites – European Commission Methodical Guidance on the provisions of Article 6(3) and 6(4) of the ‘Habitats’ Directive 92/43/EEC (European Commission 2001)

Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (DoEHLG 2009)

10.2.2 Stage 1: Screening

The development will comprise the construction of a distillation plant and

whiskey maturation warehouses, a visitor/marketing centre and

ancillaries on a site area of c. 23 hectares (56.8 acres), which is to be

built in three phases. The proposed distillery site is located to the south

of the town of Tullamore, on the north side of the N52 in County Offaly,

with a number of Natura 2000 sites in the surrounding area (see Figure

2.1). At present, the site is in use as commercial forestry to the west and

as pasture farmland to the east. The southern boundary adjoins the N52,

from which an access will be provided to the site.

This first phase, which is intended to be operational in 2014, will involve

clearance of the existing site, re-grading the ground levels as necessary,

the formation of new access roads, hardstanding areas and car parks,

the provision of services and drainage and the construction of the main

distillery building, the co-products and boiler house building, a filling

store, gatehouse, two warehouses and various tanks, silos, cooling

towers and associated landscaping. A pond and pumping station will be

formed to provide fire fighting water and a means of attenuation to control

the discharge of storm water from the site.

The second phase is intended to commence in 2019 and be completed

by 2021. Apart from the two new warehouses, the other new buildings in

this phase are within the foot print of the first phase. However, piling

operations and service connections will be required. The proposed

warehouses included in this phase are located on the agricultural land to

the east which will need to be cleared and graded.

The third phase is intended to commence in 2021 and be completed in

2022. This phase is entirely associated with the construction of a further

seven warehouses. This will involve the clearance and re-grading of

ground levels, the formation of new access roads and service yards, the

provision of services and drainage including the construction of a further

attenuation pond which will be linked to the original pond.

As part of the overall project design, a site drainage system that is

cognisant of existing site conditions and drainage will be designed and

installed. Surplus topsoil and peat that are excavated during the

construction phase will be retained in mounds, which will be engineered

to ensure long term stability.

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EPA Export 09-07-2013:23:41:35

ENVIRONMENTAL IMPACT STATEMENT for WILLIAM GRANT & SONS LTD. | October 2012 |

Figure 2.1 - Location of Distillery Site & Natura 2000 Sites

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The proposed development site is not located within any designated

conservation site. There is one Natura 2000 site, Charleville Wood SAC

(site code 000571), within 1 km of the proposed development site at

Clonminch. There are a further two Natura 2000 sites, River Barrow and

River Nore SAC (site code 002162) and Clara Bog SAC (site code

000572) within 10 km of the proposed development.

The proposed development site is drained by two field drain systems

which ultimately discharge to two swallow holes towards the Tullamore

River, one 800m to the northwest of the site and a second 600m north of

the site. Site drainage may influence designated sites potentially

associated with the drainage system after it discharges from the site. In

this case, Charleville Wood SAC may potentially be affected by site

drainage as this site has an aquatic aspect and is located to the

northwest, beyond the swallow holes. The two other Natura 2000 sites in

question are not drained by the proposed development site.

Table 2.1 summarises the main conservation characteristics of each site,

as well as the approximate distance from the proposed development site,

and Figure 2.1 shows the location of these designated sites in relation to

the site boundary. The conservation objectives of Charleville Wood SAC

relate to the presence of the habitat, Old sessile oak woods with Ilex and

Blechnum in the British Isles and for a population of rare snail, Vertigo

moulinsiana. In the case of River Barrow and Nore SAC, the

conservation objectives apply to a range of different habitats including;

Alluvial forests with Alnus glutinosa and Fraxinus excelsior and Petrifying

springs with tufa formation (Cratoneurion), and associated species

including; Otter (Lutra lutra) and Freshwater pearl mussel (Margaritifera

margaritifera). While for Clara Bog SAC the objectives include a range of

habitats, such as Active raised bogs and Bog woodland, and for the

Marsh Fritillary butterfly (Euphydryas (Eurodryas, Hypodryas) aurinia).

Detailed site synopses and conservation objectives for these Natura

2000 sites are available in Appendix A.

Table 2.1 - Summary of Natura 2000 Sites

10.2.3 Stage 1: Assessment Criteria

The proposed development site is not located within any of the Natura

2000 sites in question nor does it require any resources from them,

thereby ruling out any direct habitat loss of these conservation sites.

Indirect habitat loss or deterioration of Natura 2000 sites within the

surrounding landscape can occur through hydrological or water quality

impacts such as increased siltation, nutrient release and/ or

contaminated run-off arising from the distillery site and into the aquatic

environment. However, this requires connectivity between the distillery

site and the Natura 2000 sites in question through watercourses and / or

drainage. The proposed development site is located in a low lying and

relatively poorly draining area. The site is currently drained by two field

drain systems which ultimately discharge to two swallow holes towards

the Tullamore River, one 800m to the northwest of the site and a second

600m north of the site. Site drainage may potentially impact on

Charleville Wood SAC after it discharges from the site as this SAC has

an aquatic aspect and is located to the northwest, beyond the swallow

holes. A rare snail, Vertigo moulinsiana, is one of the key species listed

for Charleville SAC. This snail is dependent on wet, humid conditions in

suitable, ungrazed and tall vegetation habitats. Successful management

for this species is dependent on the maintenance of even

hydrogeological conditions, as the snail is sensitive to any change in

drainage patterns which may occur (Moorkeens & Killeen, 2011). In this

case, V. moulinsiana associated with Charleville Wood SAC may

potentially be affected by changes to site drainage as a result of the

proposed development.

However, the current poorly draining nature of the site means that rainfall

predominantly runs-off to the existing surface water drainage system at

present. It is therefore considered that the presence of the proposed

distillery will not significantly increase rainfall run-off rates from the

developed site. In addition the implementation of mitigation measures as

part of the proposed drainage design of the developed site will further

reduce potential risks arising from any hydrological or water quality

impacts on the SAC. These measures include the use of surface water

retention ponds designed to a 1 in 200 year rainfall event and swales to

ensure maintenance of the current greenfield surface water discharge

rates from the site while controlling suspended solids & contaminants,

interceptors to collect hydrocarbons arising from vehicles associated with

the site, bunded fuel tanks to ensure adequate fuel storage ability and a

pumped drainage system to an existing culverted drain associated with

the N52 to the south west of the site to over-ride the proposed gravity

drained system to the north during extreme events such as an excessive

flood. While the pumped drainage system to the south may potentially

drain into Charleville Wood SAC, it is worth noting that this system will

only be in place for extreme events on a short-term basis and that

suspended solids and contaminants will still be controlled. None of the

Natura 2000 Site

Site Code Conservation Significance Distance From Site

(Km)

Charleville Wood

SAC 000571

Charleville Wood is one of the most important ancient Oak woodland sites in Ireland. Old Oak

woodland is a habitat listed on Annex I of the EU Habitats Directive. It also supports a large population of the rare snail species, Vertigo

moulinsiana, which is listed on Annex II of this directive, several rare Myxomycete species and wetland areas with associated bird populations. The conservation objectives of Charleville Wood

SAC relate to the presence of the habitat old sessile oak woods with Ilex and Blechnum in the British Isles and for a population of rare snail, V.

moulinsiana.

SAC: 0.81

River Barrow and River Nore

SAC 002162

The site supports alluvial wet woodlands and petrifying springs, priority habitats on Annex I of the E.U. Habitats Directive. The site also has old oak woodlands, floating river vegetation, estuary,

tidal mudflats, Salicornia mudflats, Atlantic salt meadows, Mediterranean salt meadows, dry

heath and eutrophic tall herbs - all habitats listed on Annex I of the E.U. Habitats Directive. The

site also supports several species listed on Annex II of the same directive - inlcuding Freshwater Pearl Mussel, Nore Freshwater Pearl Mussel.

The conservation objectives for The River Barrow and Nore SAC, apply to a range of different

habitats (i.e Alluvial forests with Alnus glutinosa and Fraxinus excelsior and Petrifying springs with

tufa formation (Cratoneurion)) and associated fauna (i.e Otter (Lutra lutra) and Freshwater pearl

mussel (Margaritifera margaritifera).

8.47

Clara Bog SAC

000572

Clara Bog has long been regarded as one of the most important lowland raised bogs in the

country, being the largest remaining example of the true Midland sub-type. It has well developed hummock and hollow complexes and one of the

few remaining soak systems. It also supports several rare invertebrate species, the rare moss

Tetraplodon angustatus, and various bird species of significance including Merlin, which is listed on

Annex I of the EU Birds Directive. The conservation objectives for Clara Bog SAC apply to a range of habitats (i.e. Active raised bogs and

Bog woodland) and for the Marsh Fritillary butterfly (Euphydryas (Eurodryas, Hypodryas)

aurinia).

SAC: 9.15

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other Natura 2000 sites potentially receive drainage from the distillery

site.

A peat slip or landslide event has the potential to deposit soils and

associated material directly onto surrounding designated sites and/ or

indirectly through the release of soils and associated material into

watercourses / drainage systems that potentially connect to designated

sites- Charleville Wood SAC and pNHA in this case. This could have a

negative impact on this designated site through loss or damage of habitat

and/ or mortality of associated species. In this proposed development,

surplus topsoil and peat that are excavated as part of the construction

phase will be retained in mounds within designated areas. Detailed

consideration of the potential impact of peat slippage was taken into

account for both the excavation works and design of the mounds to

mitigate any risk of slippage and ensure long term stability. The detailed

construction design proposed as part of the project will ensure that there

is a zero to negligible risk of any peat slippage. As a consequence, it is

anticipated that a peat slide or landslide event will not arise as a result of

the proposed distillery.

Activities associated with the construction and operation of a proposed

development has the potential to disturb and/or displace faunal species

through noise and/or visual cues. In the case of Charleville Wood SAC

the primary conservation objectives relate to the rare Vertigo moulinsiana

snail and old sessile oak woods with Ilex and Blechnum in the British

Isles and not highly mobile terrestrial based faunal species that may be

vulnerable to disturbance arising from activities in the surrounding

landscape. This is combined with the fact that this SAC is at enough of a

distance (c. 800m) from the distillery site to further dismiss potential

disturbance and/or displacement effects through noise and/or visual cues

away. Similarly the primary conservation objectives of the other two

Natura 2000 sites are not concerned with highly mobile terrestrial based

fauna and are located at considerable distances (> 8km) away from the

development site.

Taking the above into consideration – i.e. the nature of the key

conservation objectives involved, lack of highly mobile terrestrial fauna

associated with the SAC’s conservation objectives, distances to the

distillery site, lack of drainage to two Natura 2000 sites in question and

use of mitigation measures that will ensure that site drainage will

essentially remain the same as the current situation and peat slippage

will be of zero to negligible risk in relation to Charleville Wood SAC- - it is

felt that there are no elements of the project likely to impact on the

Natura 2000 sites in questions.

10.2.4 Likely Impacts of the Project on the Natura 2000 Sites

The proposed development site is of c. 23 hectares (56.8 acres) in area,

none of which is part of the Natura 2000 sites in question. Consequently

the size, scale and land-take of the proposed development are of no

concern for the conservation sites.

Charleville Wood SAC is c. 800m northwest of the proposed

development, where its primary conservation objectives relate to its

habitats and a rare snail species. The distillery site potentially drains into

this Natura 2000 site. However, as already outlined above, rainfall

predominantly runs-off to the existing surface water drainage system at

present and mitigation measures proposed as part of the design of the

distillery will ensure that site drainage remains the same and peat

slippage risk will be zero to negligible. None of the other Natura 2000

sites potentially receive drainage from the distillery site.

Taking the above into consideration, activities associated with the

proposed development are of no concern for the SACs in question.

Water will be piped to the proposed distillery from the current daily supply

of abstracted water for the Tullamore Water Supply Scheme. This water

is abstracted from Clodiagh River, which flows through Charleville Wood

SAC. However, the abstraction point on the Clodiagh River is some 15

km upstream of Charleville Wood SAC, at Clonaslee Co. Laois. In

addition, there will be no increase in current abstraction rates at this

location to facilitate the distillery’s needs and works at the intake point

are not required.

Therefore the abstraction regime from the Clodiagh River is not expected

to impact on Charleville Wood SAC as the current status quo will remain

the same. There are no other resources required by the proposed

distillery. Consequently there is no concern in relation to resource

requirements of the proposed works and the Natura 2000 sites.

As part of the construction phase, the first operations to be undertaken

will be the clearance of all excess timber and tree stumps using diesel

powered, all terrain excavators, and dumpers. This material will be

processed on site with diesel or petrol powered plant to create a mulch

for subsequent re-use.

After the site has been cleared of timber, stumps and vegetation, the

remaining topsoil and peat will be stripped out from the areas required in

each phase, and retained in mounded earth forms within the designated

areas indicated on the plans. Detailed consideration of the potential

impact of peat slippage was taken into account in designing the structure

of the mounds to mitigate any risk. The topsoil and peat mounds shall be

engineered to ensure long term stability. The mounds will have side

slopes slope of around 1 vertical to 4 horizontal and, with the maximum

height proposed as four metres, the width of the slopes will be up to 16m

wide. The material within the side slopes will be stabilised as determined

necessary using geotechnical testing of the material properties. The

stabilisation will be achieved by mixing the topsoil and peat with other

soils or by the established techniques of lime and cement stabilisation of

peat which control moisture content and demonstrably increase the shear

strength of the materials. The face of the slopes and mounds will be

topped with a growing medium to the landscape architect's specifications

to allow subsequent planting and vegetation. This detailed construction

design will ensure that there is a zero to negligible risk of any peat

slippage.

Other general excavations and filling operations will then be undertaken

to form platform levels, for the new buildings and hard standing areas.

Where existing materials are softer in nature, soil improvements will be

made by mixing in chemicals such as cement or lime. It will utilise

excavated soils to be mixed with cement or lime to allow the material to

be re-used, along with crushed stone or demolition material, as a base

below roads and hard standing areas.

The public utilities and Offaly County Council will bring power,

communications and drainage to the site. Water will be piped to the

proposed distillery from the current daily supply of abstracted water for

the Tullamore Water Supply Scheme. This water is abstracted from

Clodiagh River, which flows through Charleville Wood SAC. However,

the abstraction point on the Clodiagh River is some 15 km upstream of

Charleville Wood SAC, at Clonaslee Co. Laois. In addition, there will be

no increase in current abstraction rates at this location to facilitate the

distillery’s needs and works at the intake point are not required.

Therefore the abstraction regime from the Clodiagh River is not expected

to impact on Charleville Wood SAC as the current status quo will remain

the same.

Once operational, the proposed distillery will be involved in the

manufacturing of whiskey, including the brewing, fermentation and

distillation processes and spirit aging in casks. The brewing process

takes up to 4 days while spirit aging takes a minimum of 3 years but

typically longer. During the manufacturing process any waste will be

segregated and a comprehensive system for reduction and recycling will

be employed. The proposed distillery is to be developed in three phases,

which will be linked to different output demands over time. It is intended

that infrastructure and buildings required to facilitate the maximum

production anticipated will be developed within a ten year period. Final

output capacity (million litres of alcohol produced per annum) may not be

reached until after the construction period has been completed and will

be determined by market demands.

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As already discussed above – i.e. site distances, nature of the key

conservation objectives involved, lack of highly mobile terrestrial fauna

associated with the SAC’s conservation objectives, lack of drainage to

two Natura 2000 sites in question and use of mitigation measures that

will ensure that site drainage will essentially remain the same as the

current situation and peat slippage will be of zero to negligible risk in

relation to Charleville Wood SAC- activities associated with the proposed

distillery are of no particular concern with regard to the Natura 2000 sites.

There is the potential for emissions to the atmosphere during the

construction of the development. In particular, the construction activities

may generate quantities of dust. Construction vehicles, generators etc.,

will also give rise to some exhaust emissions. However, due to the size

and nature of the construction activities, exhaust emissions during

construction will have a negligible impact on local air quality. In addition,

a dust minimisation plan will be formulated for the construction phase of

the project.

A detailed air modelling assessment undertaken as part of the EIS for the

proposed distillery has concluded that the impact associated with the

operational phase of the development will have a negligible impact on

local air quality. Therefore emissions relating to the proposed distillery

are of no particular concern with regard to the Natura 2000 sites.

The surface water drains flowing to the north ultimately discharge to

groundwater via two sink holes. To mitigate against the impact of

increasing the surface water run-off rate it is proposed to construct two

retention ponds at the site. One will be constructed in Phase 1 and the

other in Phase 3. The retention ponds have been sized to ensure that in

the event of a 1 in 200 year rainfall event the greenfield run-off rate to the

north is maintained to the surface water drainage system. In the event of

an extreme event such as an excessive flood, a pumped drainage

system to an existing culverted drain to the south west of the site will

over-ride the proposed gravity drained system to the north. While the

pumped drainage system to the south may potentially drain into

Charleville Wood SAC, it is worth noting that this system will only be in

place for extreme events on a short-term basis and that suspended

solids and contaminants will still be controlled. Therefore the potential

effects of surface run-off from the proposed development on Charleville

Wood SAC are negligible (none of the other Natura 2000 sites potentially

receive drainage from the distillery site). In addition, all surface water

run-off to hard stand and parking areas will discharge to the retention

lagoons via interceptors to mitigate against the risk of discharging fuel

leaks or spills or oily run-off into the surface water drainage system. A

Construction and Environmental Management Plan (CEMP) will be

developed to mitigate the risk of accidental leaks or spills during this

phase. Best practice measures will be incorporated into the development

of the CEMP based on guidance from Construction Industry Federation

and the UK Construction Industry Research and Information Association

(CIRIA).

After the site has been cleared of timber, stumps and vegetation, the

topsoil and underlying subsoil will be excavated to construction formation

level. In some areas, where unsuitable peat or very soft subsoils are

present, it will be necessary to excavate below formation level, for

example to form the retention ponds and where underground services

are required. In such cases the excavated soils may be either reused in

landscape works, for example in perimeter berms or in the case of peat

placed in permanent and bunded storage areas.

The principal wastes/spoils generated during the construction will be will

be stored in bulk on the site to be reused, recycled and/or disposed of

accordance with the facilities Waste Management Plan and in an

authorised facility. Re-fuelling of plant or vehicles will be undertaken in

fully contained areas, The quantities of hazardous waste (i.e. waste oils,

residual chemicals, batteries) generated at the facility will be relatively

small. However, all such wastes will be stored in appropriately size

bunded storage and will be disposed of in accordance with the IPPC

license requirements and the facilities Waste Management Plan. All solid

materials with the potential to cause contamination, such as lime or

cement, will be stored internally away from rainfall or other water or liquid

sources.

The principal wastes/spoils, paper and packaging generated during the

operational disposed will be disposed of or recycled in accordance with

the facilities waste management policy.

Wastewater (including sewage) associated with the distillery will be

disposed into Tullamore Wastewater Treatment Plant & Sludge

Treatment Centre (WTP & STC). This is a newly commissioned plant that

has a capacity of 45,000 population equivalen (PE) biological treatment

and 80,000PE sludge treatment, which is operated under Environmental

Protection Agency (EPA) licence. The Tullamore WTP & STC has

adequate capacity to treat wastewater associated with the proposed

distillery within the scope of the EPA licence. There is therefore no

impact to assess in respect of the outflow from the Tullamore WTP &

STC.

As all emissions associated with the proposed development will be

appropriately controlled, there is no concern in relation to emissions

associated with the proposed distillery and the Natura 2000 sites.

It is proposed that permanent access to the site will be provided by a new

roundabout, situated adjacent to the west boundary of the site, on the

N52. It is hoped that the roundabout is completed before the start of the

construction works, however if not, then a temporary construction access

will be formed from the N52. This may involve the provision of temporary

road widening and the creation of a temporary priority junction for

construction access only. Temporary traffic management arrangements

will have to be agreed with Offaly County Council.

During the construction phase of the proposed development it is

estimated that throughout phase 1 the maximum daily construction traffic

is estimated at 69 return trips per vehicle per day (including HGVs and

light vehicles). By phase 2 and 3 the daily peak of return vehicle journeys

is estimated to involve 35 HGVs and light vehicles.

Operational output will increase over time and full output may not be

achieved until some time after construction has been completed. It is

estimated that there will be 21 employees on completion of phase 1 in

2014 which is to increase to 69 by 2025. There will be approximately 825

heavy vehicles and 21 private cars accessing the site per annum in 2014.

This is estimated to increase to 3800 heavy vehicles and 69 private cars

per annum by 2025. During the operational stage articulated trucks will

be used to transfer casks to and from the warehouses and forklifts will be

used for cask movement on site. In addition, it is estimated that the visitor

centre will attract up to 40,000 visiters per annum.

None of the above transportation requirements occur within the Natura

2000 sites. Consequently there is no particular concern in relation to

transportation requirements associated with the proposed development

and the SACs in question.

The development will comprise the construction of a distillation plant and

whiskey maturation warehouses, a visitor/marketing centre and

ancillaries on a site area of c. 23 hectares (56.8 acres), which is to be

built in three phases. The first phase is intended to be operational by

2014. The second phase is intended to commence in 2019 and be

completed by 2021 and the third phase is intended to commence in 2021

and be completed in 2022. The site will operate at normal hours for

construction works, defined as being between 07:00hrs and 19:00hrs

Monday to Friday and between 7:30hrs and 13:00hrs on Saturdays.

The number of construction workers on site will vary between each

phase and stage of construction. The estimated average and peak of

construction workers required for each phase is:-

Phase 1, - Average number of construction workers is 28 per day; Peak of 58 per day



Once operational (from 2014), the majority of staff will work from 9.00am

to 5:30pm daily. Process operation staff will work on a shift basis

ensuring that the distillery remains operational 24 hours per day, 7 days

per week. There is normally four weeks’ shut-down throughout the year

to undertake maintenance of plant on site.

Activities associated with the proposed distillery both during construction

and operational phases will not occur within the SAC. Consequently

there is no particular concern in relation to the duration of operations

associated with the proposed development and the Natura 2000 sites.

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Taking the above into consideration, it is felt that there are no elements

of the project likely to impact (regardless of significance) on the Natura

2000 site. The key considerations that contributed towards this

conclusion are summarised as follows;

The proposed development site is not part of the Natura 2000 sites and does not require any resources from these designated sites.

The site potentially drains into Charleville Wood SAC via two existing field drain systems which ultimately discharge to two swallow holes north and northwest of the site. In this case, Charleville Wood SAC may potentially be affected by site drainage as this site has an aquatic aspect and is located to the northwest, beyond the swallow holes. However, considering the existing high run-off rate and poor drainage pattern at the site and the mitigation measures proposed to be implemented in relation to maintaining site drainage, controlling suspended solids & contaminants in surface water run-off and avoiding peat slippage, activities associated with the proposed development are of no concern to this SAC. None of the other Natura 2000 sites potentially receive drainage from the distillery site and are of no concern in this regard either.

Due to the nature of the key conservation objectives of the Natura 2000 sites with a lack of highly mobile terrestrial fauna combined with site distance, activities associated with the proposed development will not cause disturbance through noise and/or visual cues on habitats / species associated with the key conservation objectives the Natura 2000 sites.

As it is felt that the proposed development and associated activities do

not have any impact on the Natura 2000 sites in question, therefore,

there is no potential for impacts on these designated sites through

cumulative and in-combination with other known plans or projects.

10.2.5 Likely Changes to the Natura 2000 Sites

Habitat reduction is not anticipated in light of the following key

considerations;


The site potentially drains into Charleville Wood SAC via two existing field drain systems which ultimately discharge to two swallow holes north and northwest of the site. In this case, Charleville Wood SAC may potentially be affected by site drainage as this site has an aquatic aspect and is located to the northwest, beyond the swallow holes. However, considering the existing high run-off rate and poor drainage pattern at the site and the mitigation measures proposed to be implemented in relation to maintaining site drainage, controlling suspended solids & contaminants in surface water run-off and avoiding peat slippage, activities associated with the proposed development are of no concern to this SAC. None of the other

Natura 2000 sites potentially receive drainage from the distillery site and are of no concern in this regard either.


No disturbance to key species is anticipated in light of the following key

considerations;




No habitat or species fragmentation are anticipated in light of the

following key considerations;




A reduction in species density is not anticipated in light of the following

key considerations;




Changes in key indicators of conservation value are not anticipated in

light of the following key considerations;



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10.2.6 Likely Impacts on the Natura 2000 Sites as a Whole

Interference with the key relationships that define the structure of the

Natura 2000 sites is not anticipated in light of the following key

considerations;




Interference with the key relationships that define the function of the

Natura 2000 sites is not anticipated in light of the following key

considerations;


The site potentially drains into Charleville Wood SAC via two existing field drain systems which ultimately discharge to two swallow holes north and northwest of the site. In this case, Charleville Wood SAC may potentially be affected by site drainage as this site has an aquatic aspect and is located to the northwest, beyond the swallow holes. However, considering the existing high run-off rate and poor drainage pattern at the site and the mitigation measures proposed to be implemented in relation to maintaining site drainage, controlling suspended

solids & contaminants in surface water run-off and avoiding peat slippage, activities associated with the proposed development are of no concern to this SAC. None of the other Natura 2000 sites potentially receive drainage from the distillery site and are of no concern in this regard either.


10.2.7 Indicators of Significance as a Result of the Identification of Effects Set Out Above

Not applicable.

Fragmentation

Not applicable.

Not applicable.

Not applicable.

Not applicable.

10.2.8 Elements of the Project Likely to Significantly Impact on the Natura 2000 Sites or where the Scale or Magnitude of Impacts are Unknown

Taking the above into consideration, it can be objectively concluded that

no significant effects arising from the proposed distillery are likely to

occur in relation to the Natura 2000 sites; Charleville Wood SAC, River

Barrow and Nore SAC and Clara Bog SAC.

10.2.9 Finding of No Significant Effects Report

Name and location of the Natura 2000 sites.

Charleville Wood SAC (site no. 000571)

River Barrow and Nore SAC (site no 002162)

Clara Bog SAC (site no: 000572)

Description of the project or plan.

The development will comprise the construction of a distillation plant and whiskey maturation warehouses, a visitor/marketing centre and ancillaries on a site area of c. 23 hectares (56.8 acres), at Clonminch, Tullamore, Co. Offaly. The development is to be built in three phases. The first phase is intended to be operational in 2014.

Is the Project or Plan directly connected

No.

with or necessary to the management of the site (provide details)?

Are there other projects or plans that together with the project of plan being assessed could affect the site (provide details)?

No. Considering the key conclusion that the proposed distillery site and all the activities associated with it will not impact on the Natura 2000 site in first place, this must also hold for cumulative and in-combination effects with other plans or projects.

The Assessment of Significant Effects

Describe how the project or plan (alone or in combination) is likely to affect the Natura 2000 site.

The proposed distillery development is unlikely to affect the Natura 2000 sites due to the reasons explained in the following section.

Explain why these effects are not considered significant.

No significant effects are envisaged to affect the Natura 2000 site as result of activities associated with the dismantling site due to the following considerations;

The proposed development site is not part of the Natura

2000 sites and does not require any resources from these

designated sites.

The site potentially drains into Charleville Wood SAC via

two existing field drain systems which ultimately discharge

to two swallow holes north and northwest of the site. In

this case, Charleville Wood SAC may potentially be

affected by site drainage as this site has an aquatic aspect

and is located to the northwest, beyond the swallow holes.

However, considering the existing high run-off rate and

poor drainage pattern at the site and the mitigation

measures proposed to be implemented in relation to

maintaining site drainage, controlling suspended solids &

contaminants in surface water run-off and avoiding peat

slippage, activities associated with the proposed

development are of no concern to this SAC. None of the

other Natura 2000 sites potentially receive drainage from

the distillery site and are of no concern in this regard

either.

Due to the nature of the key conservation objectives of the

Natura 2000 sites with a lack of highly mobile terrestrial

fauna combined with site distance, activities associated

with the proposed development will not cause disturbance

through noise and/or visual cues on habitats / species

associated with the key conservation objectives the Natura

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2000 sites.

List of agencies consulted.

The National Parks & Wildlife Service through Development Applications Unit, DAU, and Ms. Ciara Flynn, DCO of NPWS

Bat Conservation Ireland

Inland Fisheries Ireland

Waterways Ireland

Birdwatch Ireland

Irish Raptor Study Group

Irish Wildlife Trust

An Taisce

Offaly County Council Heritage Officer

All of the above were consulted as part of the associated EIS for the proposed distillery.

Response to consultation.

See Appendix B of this report for detailed responses received as part of the associated EIS for the proposed distillery. In relation to this appropriate assessment screening report the following comments were made by NPWS, no other specific comments were received;

In particular the impact of the proposed development should be assessed, where applicable, with regard to, Natura 2000 sites, i.e. Special Areas of Conservation (SAC) designated under the EC Habitats Directive (Council Directive 92/43/EEC) and Special Protection Areas designated under the EC Birds Directive (Directive 2009/147 EC).

In accordance with article 6.3 of the Habitats Directive, this project should be subject to appropriate assessment screening and if necessary appropriate assessment. You are referred to the Departmental guidance document on Appropriate Assessment, which is available on the NPWS web at http://www.npws.ie/media/npws/publications/codesofpractice/AA%20Guidance%2010-12-09.pdf. You are also referred to the EU Commission guidance entitled “Assessment of plans and projects significantly affecting Natura 2000 sites. Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC”

which can be downloaded from http://ec.europa.eu/environment/nature/natura2000/management/docs/art6/natura_2000_assess_en.pdf

In order to carry out the appropriate assessment screening and/or prepare a NIS you will need to collect information about the relevant Natura 2000 sites including their conservation objectives. Details of designated sites and species can be found on www.npws.ie while conservation objectives, if not yet available on our web site, can be obtained by requesting them by completing the data request form on our website at http://www.npws.ie/media/npws/publications/Data%20request%20form.doc

The Department recommends that you consult with the relevant Local Authorities to determine if there are any projects or plans which alone or in combination could impact on any Natura sites.

Data Collected to Carry out the Assessment

Who carried out the

assessment Sources of Data

Level of assessment completed

Where can the full results of the

assessment be accessed and

viewed

Dr. Katherine Kelleher of Kelleher Ecology Services Ltd.

BSc & PhD Zoology & MIEEM

Michelle O’Neill of Cluain Ecology Ltd.

BSc Ecology &

IEEM

Pers. comm. McCutcheon Halley Walsh

Associated documentation including the EIA

National Biodiversity Data Centre (NBDC) online mapping

EPA online river mapping data

NPWS online designated site data & mapping

NBN online database

References (incl. EIS Ecology chapter)

Desktop study & field surveys of distillery site; am satisfied that this has yielded enough information to adequately complete Stage 1 Screening.

Full results of the assessment are available in the above screening statement report.

10.2.10 References

Department of Environment, Heritage & Local Government (DoEHLG).

2009. Appropriate Assessment of Plans and Projects in Ireland –

Guidance for Planning Authorities. DoEHLG, Dublin.

European Commission. 2001. Assessment of Plans and Projects

Significantly Affecting Natura 2000 Sites – European Commission

Methodical Guidance on the provisions of Article 6(3) and 6(4) of the

‘Habitats’ Directive 92/43/EEC. European Commission DG Environment,

Oxford UK.

Environmental Protection Agency (EPA). 2003. Advice Notes on Current

Practice (in the preparation of Environmental Impact Statements). EPA,

Wexford.

Moorkens, E.A. & Killeen, I.J. 2011 Monitoring and Condition

Assessment of Populations of Vertigo geyeri, Vertigo angustior and

Vertigo moulinsiana in Ireland. Irish Wildlife Manuals, No. 55.

National Parks and Wildlife Service, Department of Arts, Heritage and

Gaeltacht, Dublin, Ireland.

SITE NAME CHARLEVILLE WOOD SAC; SITE CODE: 000571

Charleville Wood is a large Oak woodland surrounded by estate parkland

and agricultural grassland located about 3 km south-west of Tullamore.

The site, which is underlain by deep glacial deposits, includes a small

lake with a wooded island, and a stream runs along the western

perimeter. The woodland is considered to be one of very few ancient

woodlands remaining in Ireland, with some parts undisturbed for at least

200 years.

Some 10% of the woodland has been underplanted with conifers and

other exotic trees, but the rest of the area is dominated by Pedunculate

Oak (Quercus robur). Apart from Oak, there is much Ash (Fraxinus

excelsior) and scattered Wych Elm (Ulmus glabra), while Birch (Betula

spp.) is a feature of the boggier margins. The shrub layer is composed

largely of Hazel (Corylus avellana), Hawthorn (Crataegus monogyna)

and Blackthorn (Prunus spinosa). The ground layer is varied, including

damp flushed slopes with Ramsons (Allium ursinum) and drier, more

open areas with a moss sward composed largely of Rhytidiadelphus

triquetris. The fungal flora of the woodland is notable for the presence of

several rare Myxomycete species, namely Hemitrichia calyculata,

Perichaena depressa, Amaurochaete atra, Collaria arcyrionema,

Stemonitis nigrescens and Diderma deplanata. A number of unusual

insects have also been recorded in Charleville Wood, notably Mycetobia

obscura (Diptera), a species known from only one other site in Ireland.

The site is also notable for the presence of a large population of the rare

snail species, Vertigo moulinsiana. Extensive swamps of Bulrush (Typha

latifolia) and Bottle Sedge (Carex rostrata) have developed in the lake

shallows. The lake is an important wildfowl habitat – it supports

populations of Mute and Whooper Swan and a number of duck species,

including Teal, Wigeon, Shoveler, Pochard and Tufted Duck. The

wooded island at its centre is famed for its long history of non-

disturbance. Hazel, Spindle (Euonymus europaeus) and Ivy (Hedera

helix) reach remarkable sizes here.

Charleville Wood is one of the most important ancient woodland sites in

Ireland. The woodland has a varied age structure and is relatively intact

with both areas of closed canopy and open areas with regenerating

saplings present. The understorey and ground layers are also well

represented. Old Oak woodland is a habitat listed on Annex I of the EU

Habitats Directive, while the rare snail species, Vertigo moulinsiana, is

listed on Annex II of this directive. The wetland areas, with their

associated bird populations, the rare insect and Myxomycete species

contribute further to the conservation significance of the site.

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SITE NAME: RIVER BARROW AND RIVER NORE SAC; SITE CODE:

002162

This site consists of the freshwater stretches of the Barrow/Nore River

catchments as far upstream as the Slieve Bloom Mountains and it also

includes the tidal elements and estuary as far downstream as Creadun

Head in Waterford. The site passes through eight counties – Offaly,

Kildare, Laois, Carlow, Kilkenny, Tipperary, Wexford and Waterford.

Major towns along the edge of the site include Mountmellick,

Portarlington, Monasterevin, Stradbally, Athy, Carlow, Leighlinbridge,

Graiguenamanagh, New Ross, Inistioge, Thomastown, Callan,

Bennettsbridge, Kilkenny and Durrow. The larger of the many tributaries

include the Lerr, Fushoge, Mountain, Aughavaud, Owenass, Boherbaun

and Stradbally Rivers of the Barrow and the Delour, Dinin, Erkina,

Owveg, Munster, Arrigle and King’s Rivers on the Nore. Both rivers rise

in the Old Red Sandstone of the Slieve Bloom Mountains before passing

through a band of Carboniferous shales and sandstones. The Nore, for a

large part of its course, traverses limestone plains and then Old Red

Sandstone for a short stretch below Thomastown. Before joining the

Barrow it runs over intrusive rocks poor in silica. The upper reaches of

the Barrow also runs through limestone. The middle reaches and many

of the eastern tributaries, sourced in the Blackstairs Mountains, run

through Leinster Granite. The southern end, like the Nore runs over

intrusive rocks poor in silica. Waterford Harbour is a deep valley

excavated by glacial floodwaters when the sea level was lower than

today. The coast shelves quite rapidly along much of the shore.

The site is a candidate SAC selected for alluvial wet woodlands and

petrifying springs, priority habitats on Annex I of the E.U. Habitats

Directive. The site is also selected as a candidate SAC for old oak

woodlands, floating river vegetation, estuary, tidal mudflats, Salicornia

mudflats, Atlantic salt meadows, Mediterranean salt meadows, dry heath

and eutrophic tall herbs, all habitats listed on Annex I of the E.U. Habitats

Directive. The site is also selected for the following species listed on

Annex II of the same directive - Sea Lamprey, River Lamprey, Brook

Lamprey, Freshwater Pearl Mussel, Nore Freshwater Pearl Mussel,

Crayfish, Twaite Shad, Atlantic Salmon, Otter, Desmoulin’s Whorl Snail

Vertigo moulinsiana and the Killarney Fern.

Good examples of Alluvial Forest are seen at Rathsnagadan, Murphy’s of

the River, in Abbeyleix estate and along other shorter stretches of both

the tidal and freshwater elements of the site. Typical species seen

include Almond Willow (Salix triandra), White Willow (S. alba), Grey

Willow (S. cinerea), Crack Willow (S. fragilis), Osier (S. viminalis), with

Iris (Iris pseudacorus), Hemlock Water-dropwort (Oenanthe crocata),

Angelica (Angelica sylvestris), Thin-spiked Wood-sedge (Carex strigosa),

Pendulous Sedge (C. pendula), Meadowsweet (Filipendula ulmaria),

Valerian (Valeriana officinalis) and the Red Data Book species Nettle-

leaved Bellflower (Campanula trachelium). Three rare invertebrates

have been recorded in this habitat at Murphy’s of the River. These are:

Neoascia obliqua (Diptera: Syrphidae), Tetanocera freyi (Diptera:

Sciomyzidae) and Dictya umbrarum (Diptera: Sciomyzidae).

A good example of petrifying springs with tufa formations occurs at

Dysart Wood along the Nore. This is a rare habitat in Ireland and one

listed with priority status on Annex I of the EU Habitats Directive. These

hard water springs are characterised by lime encrustations, often

associated with small waterfalls. A rich bryophyte flora is typical of the

habitat and two diagnostic species, Cratoneuron commutatum var.

commutatum and Eucladium verticillatum, have been recorded.

The best examples of old Oak woodlands are seen in the ancient Park

Hill woodland in the estate at Abbeyleix; at Kyleadohir, on the Delour,

Forest Wood House, Kylecorragh and Brownstown Woods on the Nore;

and at Cloghristic Wood, Drummond Wood and Borris Demesne on the

Barrow, though other patches occur throughout the site. Abbeyleix

Woods is a large tract of mixed deciduous woodland which is one of the

only remaining true ancient woodlands in Ireland. Historical records

show that Park Hill has been continuously wooded since the sixteenth

century and has the most complete written record of any woodland in the

country. It supports a variety of woodland habitats and an exceptional

diversity of species including 22 native trees, 44 bryophytes and 92

lichens. It also contains eight indicator species of ancient woodlands.

Park Hill is also the site of two rare plants, Nettle-leaved Bellflower and

the moss Leucodon sciuroides. It has a typical bird fauna including Jay,

Long-eared Owl and Raven. A rare invertebrate, Mitostoma

chrysomelas, occurs in Abbeyleix and only two other sites in the country.

Two flies Chrysogaster virescens and Hybomitra muhlfeldi also occur.

The rare Myxomycete fungus, Licea minima has been recorded from

woodland at Abbeyleix.

Oak woodland covers parts of the valley side south of Woodstock and is

well developed at Brownsford where the Nore takes several sharp bends.

The steep valley side is covered by Oak (Quercus spp.), Holly (Ilex

aquifolium), Hazel (Corylus avellana) and Birch (Betula pubescens) with

some Beech (Fagus sylvatica) and Ash (Fraxinus excelsior). All the trees

are regenerating through a cover of Bramble (Rubus fruticosus agg.),

Foxglove (Digitalis purpurea) Wood Rush (Luzula sylvatica) and Broad

Buckler-fern (Dryopteris dilatata).

On the steeply sloping banks of the River Nore about 5 km west of New

Ross, in County Kilkenny, Kylecorragh Woods form a prominent feature

in the landscape. This is an excellent example of a relatively

undisturbed, relict Oak woodland with a very good tree canopy. The

wood is quite damp and there is a rich and varied ground flora. At

Brownstown a small, mature Oak-dominant woodland occurs on a steep

slope. There is younger woodland to the north and east of it.

Regeneration throughout is evident. The understorey is similar to the

woods at Brownsford. The ground flora of this woodland is developed on

acidic, brown earth type soil and comprises a thick carpet of Bilberry

(Vaccinium myrtillus), Heather (Calluna vulgaris), Hard Fern (Blechnum

spicant), Cow-wheat (Melampyrum spp.) and Bracken (Pteridium

aquilinum).

Borris Demesne contains a very good example of a semi-natural broad-

leaved woodland in very good condition. There is quite a high degree of

natural re-generation of Oak and Ash through the woodland. At the

northern end of the estate Oak species predominate. Drummond Wood,

also on the Barrow, consists of three blocks of deciduous woods situated

on steep slopes above the river. The deciduous trees are mostly Oak

species. The woods have a well established understorey of Holly (Ilex

aquifolium), and the herb layer is varied, with Brambles abundant.

Whitebeam (Sorbus devoniensis) has also been recorded.

Eutrophic tall herb vegetation occurs in association with the various

areas of alluvial forest and elsewhere where the flood-plain of the river is

intact. Characteristic species of the habitat include Meadowsweet

(Filipendula ulmaria), Purple Loosestrife (Lythrum salicaria), Marsh

Ragwort (Senecio aquaticus), Ground Ivy (Glechoma hederacea) and

Hedge Bindweed (Calystegia sepium). Indian Balsam (Impatiens

glandulifera), an introduced and invasive species, is abundant in places.

Floating River Vegetation is well represented in the Barrow and in the

many tributaries of the site. In the Barrow the species found include

Water Starworts (Callitriche spp.), Canadian Pondweed (Elodea

canadensis), Bulbous Rush (Juncus bulbosus), Milfoil (Myriophyllum

spp.), Potamogeton x nitens, Broad-leaved Pondweed (P. natans),

Fennel Pondweed (P. pectinatus), Perfoliated Pondweed (P. perfoliatus)

and Crowfoots (Ranunculus spp.). The water quality of the Barrow has

improved since the vegetation survey was carried out (EPA, 1996).

Dry Heath at the site occurs in pockets along the steep valley sides of the

rivers especially in the Barrow Valley and along the Barrow tributaries

where they occur in the foothills of the Blackstairs Mountains. The dry

heath vegetation along the slopes of the river bank consists of Bracken

(Pteridium aquilinum) and Gorse (Ulex europaeus) species with patches

of acidic grassland vegetation. Additional typical species include Heath

Bedstraw (Galium saxatile), Foxglove (Digitalis purpurea), Common

Sorrel (Rumex acetosa) and Bent Grass (Agrostis stolonifera). On the

steep slopes above New Ross the Red Data Book species Greater

Broomrape (Orobanche rapum-genistae) has been recorded. Where

rocky outcrops are shown on the maps Bilberry (Vaccinium myrtillus) and

Wood Rush (Luzula sylvatica) are present. At Ballyhack a small area of

dry heath is interspersed with patches of lowland dry grassland. These

support a number of Clover species including the legally protected

Clustered Clover (Trifolium glomeratum) - a species known from only one

other site in Ireland. This grassland community is especially well

developed on the west side of the mud-capped walls by the road. On the

east of the cliffs a group of rock-dwelling species occur, i.e. English

Stonecrop (Sedum anglicum), Sheep's-bit (Jasione montana) and Wild

Madder (Rubia peregrina). These rocks also support good lichen and

moss assemblages with Ramalina subfarinacea and Hedwigia ciliata.

Dry Heath at the site generally grades into wet woodland or wet swamp

vegetation lower down the slopes on the river bank. Close to the

Blackstairs Mountains, in the foothills associated with the Aughnabrisky,

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Aughavaud and Mountain Rivers there are small patches of wet heath

dominated by Purple Moor-grass (Molinia caerulea) with Heather

(Calluna vulgaris), Tormentil (Potentilla erecta), Carnation Sedge (Carex

panicea) and Bell Heather (Erica cinerea).

Saltmeadows occur at the southern section of the site in old meadows

where the embankment has been breached, along the tidal stretches of

in-flowing rivers below Stokestown House, in a narrow band on the

channel side of Common Reed (Phragmites) beds and in narrow

fragmented strips along the open shoreline. In the larger areas of salt

meadow, notably at Carrickcloney, Ballinlaw Ferry and Rochestown on

the west bank; Fisherstown, Alderton and Great Island to Dunbrody on

the east bank, the Atlantic and Mediterranean sub types are generally

intermixed. At the upper edge of the salt meadow in the narrow ecotonal

areas bordering the grasslands where there is significant percolation of

salt water, the legally protected species Borrer’s Saltmarsh-grass

(Puccinellia fasciculata) and Meadow Barley (Hordeum secalinum) (Flora

Protection Order, 1987) are found. The very rare Divided Sedge (Carex

divisa) is also found. Sea Rush (Juncus maritimus) is also present.

Other plants recorded and associated with salt meadows include Sea

Aster (Aster tripolium), Sea Thrift (Armeria maritima), Sea Couch

(Elymus pycnanthus), Spear-leaved Orache (Atriplex prostrata), Lesser

Sea-spurrey (Spergularia marina), Sea Arrowgrass (Triglochin maritima)

and Sea Plantain (Plantago maritima).

Salicornia and other annuals colonising mud and sand are found in the

creeks of the saltmarshes and at the seaward edges of them. The

habitat also occurs in small amounts on some stretches of the shore free

of stones.

The estuary and the other Habitats Directive Annex I habitats within it

form a large component of the site. Extensive areas of intertidal flats,

comprised of substrates ranging from fine, silty mud to coarse sand with

pebbles/stones are present. Good quality intertidal sand and mudflats

have developed on a linear shelf on the western side of Waterford

Harbour, extending for over 6 km from north to south between Passage

East and Creadaun Head, and in places are over 1 km wide. The

sediments are mostly firm sands, though grade into muddy sands

towards the upper shore. They have a typical macro-invertebrate fauna,

characterised by polychaetes and bivalves. Common species include

Arenicola marina, Nephtys hombergii, Scoloplos armiger, Lanice

conchilega and Cerastoderma edule.

The western shore of the harbour is generally stony and backed by low

cliffs of glacial drift. At Woodstown there is a sandy beach, now much

influenced by recreation pressure and erosion. Behind it a lagoonal

marsh has been impounded which runs westwards from Gaultiere Lodge

along the course of a slow stream. An extensive reedbed occurs here.

At the edges is a tall fen dominated by sedges (Carex spp.),

Meadowsweet, Willowherb (Epilobium spp.) and rushes (Juncus spp.).

Wet woodland also occurs. This area supports populations of typical

waterbirds including Mallard, Snipe, Sedge Warbler and Water Rail.

The dunes which fringe the strand at Duncannon are dominated by

Marram grass (Ammophila arenaria) towards the sea. Other species

present include Wild Sage (Salvia verbenaca), a rare Red Data Book

species. The rocks around Duncannon ford have a rich flora of seaweeds

typical of a moderately exposed shore and the cliffs themselves support

a number of coastal species on ledges, including Thrift (Armeria

maritima), Rock Samphire (Crithmum maritimum) and Buck's-horn

Plantain (Plantago coronopus).

Other habitats which occur throughout the site include wet grassland,

marsh, reed swamp, improved grassland, arable land, quarries,

coniferous plantations, deciduous woodland, scrub and ponds.

Seventeen Red Data Book plant species have been recorded within the

site, most in the recent past. These are Killarney Fern (Trichomanes

speciosum), Divided Sedge (Carex divisa), Clustered Clover (Trifolium

glomeratum), Basil Thyme (Acinos arvensis), Hemp nettle (Galeopsis

angustifolia), Borrer’s Saltmarsh Grass (Puccinellia fasiculata), Meadow

Barley (Hordeum secalinum), Opposite-leaved Pondweed (Groenlandia

densa), Autumn Crocus (Colchicum autumnale), Wild Sage (Salvia

verbenaca), Nettle-leaved Bellflower (Campanula trachelium), Saw-wort

(Serratula tinctoria), Bird Cherry (Prunus padus), Blue Fleabane

(Erigeron acer), Fly Orchid (Ophrys insectifera), Broomrape (Orobanche

hederae) and Greater Broomrape (Orobanche rapum-genistae). Of

these the first nine are protected under the Flora Protection Order 1999.

Divided Sedge (Carex divisa) was thought to be extinct but has been

found in a few locations in the site since 1990. In addition plants which

do not have a very wide distribution in the country are found in the site

including Thin-spiked Wood-sedge (Carex strigosa), Field Garlic (Allium

oleraceum) and Summer Snowflake (Leucojum aestivum). Six rare

lichens, indicators of ancient woodland, are found including Lobaria

laetevirens and L. pulmonaria. The rare moss Leucodon sciuroides also

occurs.

The site is very important for the presence of a number of EU Habitats

Directive Annex II animal species including Freshwater Pearl Mussel

(Margaritifera margaritifera and M. m. durrovensis), Freshwater Crayfish

(Austropotamobius pallipes), Salmon (Salmo salar), Twaite Shad (Alosa

fallax fallax), three Lamprey species - Sea (Petromyzon marinus), Brook

(Lampetra planeri) and River (Lampetra fluviatilis), the marsh snail

Vertigo moulinsiana and Otter (Lutra lutra). This is the only site in the

world for the hard water form of the Pearl Mussel M. m. durrovensis and

one of only a handful of spawning grounds in the country for Twaite

Shad. The freshwater stretches of the River Nore main channel is a

designated salmonid river. The Barrow/Nore is mainly a grilse fishery

though spring salmon fishing is good in the vicinity of Thomastown and

Inistioge on the Nore. The upper stretches of the Barrow and Nore,

particularly the Owenass River, are very important for spawning.

The site supports many other important animal species. Those which are

listed in the Irish Red Data Book include Daubenton’s Bat (Myotis

daubentoni), Badger (Meles meles), Irish Hare (Lepus timidus hibernicus)

and Frog (Rana temporaria). The rare Red Data Book fish species Smelt

(Osmerus eperlanus) occurs in estuarine stretches of the site. In addition

to the Freshwater Pearl Mussel, the site also supports two other

freshwater Mussel species, Anodonta anatina and A. cygnea.

The site is of ornithological importance for a number of E.U. Birds

Directive Annex I species including Greenland White-fronted Goose,

Whooper Swan, Bewick’s Swan, Bar-tailed Godwit, Peregrine and

Kingfisher. Nationally important numbers of Golden Plover and Bar-

tailed Godwit are found during the winter. Wintering flocks of migratory

birds are seen in Shanahoe Marsh and the Curragh and Goul Marsh,

both in Co. Laois and also along the Barrow Estuary in Waterford

Harbour. There is also an extensive autumnal roosting site in the

reedbeds of the Barrow Estuary used by Swallows before they leave the

country.

Landuse at the site consists mainly of agricultural activities – many

intensive, principally grazing and silage production. Slurry is spread over

much of this area. Arable crops are also grown. The spreading of slurry

and fertiliser poses a threat to the water quality of the salmonid river and

to the populations of Habitats Directive Annex II animal species within the

site. Many of the woodlands along the rivers belong to old estates and

support many non-native species. Little active woodland management

occurs. Fishing is a main tourist attraction along stretches of the main

rivers and their tributaries and there are a number of Angler Associations,

some with a number of beats. Fishing stands and styles have been

erected in places. Both commercial and leisure fishing takes place on

the rivers. There is net fishing in the estuary and a mussel bed also.

Other recreational activities such as boating, golfing and walking,

particularly along the Barrow towpath are also popular. There is a golf

course on the banks of the Nore at Mount Juliet and GAA pitches on the

banks at Inistioge and Thomastown. There are active and disused sand

and gravel pits throughout the site. Several industrial developments,

which discharge into the river, border the site. New Ross is an important

shipping port. Shipping to and from Waterford and Belview ports also

passes through the estuary.

The main threats to the site and current damaging activities include high

inputs of nutrients into the river system from agricultural run-off and

several sewage plants, overgrazing within the woodland areas, and

invasion by non-native species, for example Cherry Laurel and

Rhododendron (Rhododendron ponticum). The water quality of the site

remains vulnerable. Good quality water is necessary to maintain the

populations of the Annex II animal species listed above. Good quality is

dependent on controlling fertilisation of the grasslands, particularly along

the Nore. It also requires that sewage be properly treated before

discharge. Drainage activities in the catchment can lead to flash floods

which can damage the many Annex II species present. Capital and

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maintenance dredging within the lower reaches of the system pose a

threat to migrating fish species such as lamprey and shad. Land

reclamation also poses a threat to the salt meadows and the populations

of legally protected species therein.

Overall, the site is of considerable conservation significance for the

occurrence of good examples of habitats and of populations of plant and

animal species that are listed on Annexes I and II of the E.U. Habitats

Directive respectively. Furthermore it is of high conservation value for

the populations of bird species that use it. The occurrence of several

Red Data Book plant species including three rare plants in the salt

meadows and the population of the hard water form of the Pearl Mussel

which is limited to a 10 km stretch of the Nore, add further interest to this

site. 6.10.2006

SITE NAME: CLARA BOG SAC; SITE CODE: 000572

Clara Bog is situated some 2 km south of Clara village. Much of it is

state-owned and designated a statutory Nature Reserve.

Clara Bog has long been regarded as one of the most important lowland

raised bogs in the country, being the largest remaining example of the

true Midland sub-type. It has well developed hummock and hollow

complexes and one of the few remaining soak systems. The bog

vegetation has been much studied and is well known. Variations in the

proportions of Bog moss (Sphagnum spp.), Heather (Calluna vulgaris)

and Cottongrass (Eriophorum spp.) has been related to ecological

features such as pools, soaks and ridges.

Several rare invertebrate species are associated with the soak, including

the midge, Lasiodiamesa sphagnicola, for which Clara Bog is its only

known Irish site, a click beetle, Ampedus pomorum and another midge,

Parhelophilus consimilis. The bog is also important for the rare moss,

Tetraplodon angustatus, at its only known Irish station here.

Clara Bog supports breeding Merlin (1-2 pairs), a scarce species in

Ireland and one that is listed on Annex I of the EU Birds Directive. Red

Grouse also breeds, along with other common bogland species such as

Meadow Pipit and Skylark.

To the east the transition into calcarous woodland, and to the north the

transition to the esker ridge have been retained and some excellent

examples of esker grassland occur in the site. Some peripheral

reclaimed farmland is also included in the site, because management

undertaken in these areas can have a profound effect upon the rest of

the bog.

The site has been divided into a western and an eastern section by a

road. The eastern part of the site has been damaged by previous

drainage attempts, however, restoration work is in progress. Continuing

peat extraction from the southern margins is also damaging and has

potential effect upon much of the internal bog, including the soak system.

Ideally the whole bog should be managed as a hydrological unit.

Active raised bogs, once characteristic of central Ireland, are now rare

and vulnerable, and have been recognised by the European Union as a

habitat of international importance. Ireland has a special responsibility to

conserve the best of its remaining bogs. Further drainage, peat

extraction, burning or attempted land reclamation is not consistent with

this responsibility. 25.2.1999

Conservation Object ives

European and national legislation places a collective obligation on Ireland

and its citizens to maintain habitats and species in the Natura 2000

network at favourable conservation condition. The Government and its

agencies are responsible for the implementation and enforcement of

regulations that will ensure the ecological integrity of these sites.

Favourable conservation status of a habitat is achieved when:

Its natural range, and area it covers within that range, are stable or increasing, and

The specific structure and functions which are necessary for its long�term maintenance exist and are likely to continue to exist for

the foreseeable future, and

The conservation status of its typical species is favourable.

The favourable conservation status of a species is achieved when:

• Population dynamics data on the species concerned indicate that it is

maintaining itself on a long�term basis as a viable component of its natural

habitats, and

The natural range of the species is neither being reduced nor is likely to be reduced for the

foreseeable future, and

There is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.

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:

The overall aim of the Habitats Directive is to maintain or restore the

favourable conservation status of habitats and species of community

interest. These habitats and species are listed in the Habitats and Birds

Directives and Special Areas of Conservation and Special Protection

Areas are designated to afford protection to the most vulnerable of them.

These two designations are collectively known as the Natura 2000

network. The maintenance of habitats and species within Natura 2000

sites at favourable conservation condition will contribute to the overall

maintenance of favourable conservation status of those habitats and

species at a national level.

Conservation Objectives for Charleville SAC (SITE CODE: 000571)

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:

1016 Vertigo moulinsiana

91A0 Old sessile oak woods with Ilex and Blechnum in the British Isles

Conservation Objectives for River Nore and Barrow SAC (SITE CODE:

002162)



been selected:

* indicates a priority habitat under the Habitats Directive

1016 Desmoulin's whorl snail Vertigo moulinsiana

1029 Freshwater pearl mussel Margaritifera margaritifera

1092 White�clawed crayfish Austropotamobius pallipes

1095 Sea lamprey Petromyzon marinus

1096 Brook lamprey Lampetra planeri

1099 River lamprey Lampetra fluviatilis

1103 Twaite shad Alosa fallax

1106 Atlantic salmon (Salmo salar) (only in fresh water)

1130 Estuaries

1140 Mudflats and sandflats not covered by seawater at low tide

1310 Salicornia and other annuals colonizing mud and sand

1330 Atlantic salt meadows (Glauco�Puccinellietalia maritimae)

1355 Otter Lutra lutra

1410 Mediterranean salt meadows (Juncetalia maritimi)

1421 Killarney fern Trichomanes speciosum

1990 Nore freshwater pearl mussel Margaritifera durrovensis

3260 Water courses of plain to montane levels with the Ranunculion fluitantis and

Callitricho�Batrachion vegetation

4030 European dry heaths

6430 Hydrophilous tall herb fringe communities of plains and of the montane to

alpine levels

7220 * Petrifying springs with tufa formation (Cratoneurion)

91A0 Old sessile oak woods with Ilex and Blechnum in the British Isles

91E0 * Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno�Padion,Alnion incanae, Salicion albae)

Conservation Objectives for Clara Bog SAC (SITE CODE: 000572)



been selected:

[1065] Euphydryas (Eurodryas, Hypodryas) aurinia

[6210] Semi�natural dry grasslands and scrubland facies on

calcareous substrates (Festuco Brometalia)(*

important orchid sites)

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[7110] * Active raised bogs

[7120] Degraded raised bogs still capable of natural regeneration

[7150] Depressions on peat substrates of the Rhynchosporion

[91D0] * Bog woodland

NPWS / DAU

From: Manager Dau [mailto:[email protected]] Sent: 14 May 2012 13:31 To: Katherine Kelleher ([email protected]) Subject: Yours 004-02-2012; Ours G Pre00165/2012 Your Ref: 004-02-2012_letter 001 Our Ref: G Pre00165/2012

Dr Katherine Kelleher Principal Ecologist & Director Kelleher Ecology Services Curraghdermot Castlelyons Co Cork

Re: Scoping for Ecology Section of EIS for proposed new distillery in

Tullamore.

A Chara

I refer to your email of 5th April 2012, with attachment.

Please find below the recommendations of the Department of Arts,

Heritage and the Gaeltacht in relation to nature conservation.

With regard to any EIA for this proposed development an ecological

survey should be carried out of the proposed development site to survey

the habitats and species present. Such surveys should be carried out by

suitably qualified persons at an appropriate time of the year depending

on the species being surveyed for. The EIS should include the results of

the surveys. With regard to any existing records the data of the National

Parks and Wildlife Service (NPWS) should be consulted at www.npws.ie

and the data of the National Biodiversity Data Centre at

http://www.biodiversityireland.ie/ . Reference should be made to the

National Biodiversity Plan and any relevant County Biodiversity Plan. The

EIS should also address the issue of invasive alien species, such as

Japanese Knotweeed, and detail the methods required to ensure they

are not accidentally introduced or spread during construction.

The impact of the development on the flora, fauna and habitats present

should be assessed. In particular the impact of the proposed

development should be assessed, where applicable, with regard to:

• Natura 2000 sites, i.e. Special Areas of Conservation (SAC)

designated under the EC Habitats Directive (Council Directive

92/43/EEC) and Special Protection Areas designated under the EC Birds

Directive (Directive 2009/147 EC),

• Other designated sites, or sites proposed for designation, such

as Natural Heritage Areas, Nature Reserves

and Refuges for Fauna or Flora, designated under the Wildlife Acts of

1976 and 2000,

• Habitats listed on annex I of the Habitats Directive,

• Species listed on Annexes II and IV of the Habitats Directive,

• Habitats important for birds,

• Birds listed on Annex I of the EC Birds Directive,

• Species protected under the Wildlife Acts including protected

flora,

• Habitats that can be considered to be corridors or stepping

stones for the purpose of article 10 of the

Habitats Directive,

• Red data book species,

• and biodiversity in general.

In order to assess the above impacts it may be necessary to obtain

hydrological and/or geological data. In particular any impact on water

table levels or groundwater flows may impact on wetland sites some

distance away. The EIA should assess cumulative impacts with other

plans or projects if applicable. Where negative impacts are identified

suitable mitigation measures should be detailed if appropriate.

Where there are impacts on protected species and their habitats, resting

or breeding places, licenses may be required under the Wildlife Acts or

derogations under the Habitats Regulations. In particular bats and otters

are strictly protected under annex IV of the Habitats Directive and a copy

of Circular Letter NPWS 2/07 entitled “Guidance on Compliance with

Regulation 23 of the Habitats Regulations 1997 – strict protection of

certain species/applications for derogation licences” can be found on the

Department's NPWS website at:

http://www.npws.ie/media/npws/publications/circulars/media,6686,en.pdf

In addition, licenses will be required if there are any impacts on other

protected species or their resting or breeding places, such as on

protected plants, badger setts or birds' nests. Hedgerows should be

maintained where possible. Where trees or hedges have to be removed

there should be suitable planting of native species in mitigation. The EIS

should estimate the length of hedgerow that will be lost, if any. Where

possible hedges and trees should not be removed during the nesting

season (i.e. March 1st to August 31st). Birds' nests can only be

intentionally destroyed under licence issued under the Wildlife Acts of

1976 and 2000. In order to apply for any such licenses or derogations as

mentioned above a detailed survey should be submitted to NPWS which

should have been carried out by appropriately qualified person/s.

In accordance with article 6.3 of the Habitats Directive, this project should

be subject to appropriate assessment screening and if necessary

appropriate assessment. You are referred to the Departmental guidance

document on Appropriate Assessment, which is available on the NPWS

web at

http://www.npws.ie/media/npws/publications/codesofpractice/AA%20Gui

dance%2010-12-09.pdf

You are also referred to the EU Commission guidance entitled

“Assessment of plans and projects significantly affecting Natura 2000

sites. Methodological guidance on the provisions of Article 6(3) and (4) of

the Habitats Directive 92/43/EEC”

which can be downloaded from:

http://ec.europa.eu/environment/nature/natura2000/management/docs/ar

t6/natura_2000_assess_en.pdf

In order to carry out the appropriate assessment screening and/or

prepare a NIS you will need to collect information about the relevant

Natura 2000 sites including their conservation objectives. Details of

designated sites and species can be found on www.npws.ie while

conservation objectives, if not yet available on our web site, can be

obtained by requesting them by completing the data request form on our

website at

http://www.npws.ie/media/npws/publications/Data%20request%20form.d

oc

The Department recommends that you consult with the relevant Local

Authorities to determine if there are any projects or plans which alone or

in combination could impact on any Natura sites.

The above observations and recommendations are based on the papers

submitted to this Department on a pre-planning basis and are made

without prejudice to any observations the Minister may make in the

context of any consultation arising on foot of any development application

referred to the Minister, by the planning authority, in his role as statutory

consultee under the Planning and Development Act 2000, as amended.

Please acknowledge receipt by return email. Thank you.

Is mise, le meas

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Muiris Ó Conchúir

____________________________________

Manager

Development Applications Unit (DAU) Built Heritage & Architectural Policy Section Dept of Arts, Heritage and the Gaeltacht Newtown Rd Wexford T: 053-911 7387 Other contact nos. in DAU: 053-911 7516/7482/7382 E: [email protected]

IRSG

From: John Lyden [mailto:[email protected]] Sent: 10 April 2012 11:26 To: [email protected] Subject: Distillery at Tullamore Dr Katherine Kelleher

Dear Katherine

I acknowledge receipt of your consultation letter dated 5 April 2012.

The Irish Raptor Study Group has no comments on this development.

Regards John Lyden, Committee Member IRSG, 10 April 2012

OCC – HERITAGE OFFICER

From: Amanda Pedlow [mailto:[email protected]] Sent: 16 May 2012 14:36 To: [email protected] Subject: 004-02-2012-letter 001

Thank you for your letter. I have no specific data relating to the site

outlined.

Amanda Pedlow Offaly Heritage Officer Offaly County Council 057 9346839

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Doc. Ref. 472-X0004 July 2013

B5.5 List of Planning Applications & Permissions

Date of Grant Reference Description

12th February 2013 PL2/12/261 Planning permission for development comprising: A pot & malt distillery building; gate house; employee car park with 52 spaces; weigh bridge; tank farm; cooling towers; co-products building including a boiler-house; cereal silos; filling store; 13 warehouses; a visitors' centre, incorporating a restaurant and shop area; visitor car parking area, including 70 car spaces and 3 coach spaces; an administration building (the three sisters); a small warehouse; a cooperage; a dunnage warehouse; a grain distillery; a barrel yard; receivers; high level pipe bridging; 2 storm & fire water retention ponds; 2 earth mounds; a new roundabout access to the N52; lighting; perimeter fencing and all associated ancillary services, site development works, earthworks, signage and landscaping. Buildings generally range in height from 5.622m to 17.36m apart from the grain distillery which has a stack height of 32.476m. The development will require the demolition of a derelict farmhouse. A stage 1 Appropriate Assessment (AA) screening report has been submitted to the planning authority with the application. An environmental impact statement (E.I.S.) has been submitted to the planning authority with the application. The proposed development is for an establishment to which the major accidents directive will apply and is for the purposes of an activity requiring an integrated pollution prevention and control licence.

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Doc. Ref. 472-X0004 July 2013

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Attachment B.5 Planning Permissions & Applications · B5.2 A copy of the Planning Inspector’s Report B5.3 A copy of the Screening Statement for Appropriate Assessment (extracted

Documents