Curtin Agricultural Consultants Ltd · 2012-06-19 · - 4 - Registered Company Number : 255302 Vat Number: 8255302 K Directors : Ann Curtin & Con Curtin • The fattening pigs will

Curtin Agricultural Consultants Ltd

Agricultural & Environmental Consultants

12 The Paddocks Kells Road Kilkenny

Telephone (056) 7752026 Fax (056) 7752026 E mail [email protected]

Registered Company Number : 255302 K Vat Number : 8255302 K Directors : Ann Curtin & Con Curtin

Date : June 11th 2012 Our ref. :

Your ref. : IPPC Licensing Section

EPA

PO Box 3000

Johnstown Castle Estate

Co Wexford

Re : Hermitage Pedigree Pigs Ltd, Sion Road, Kilkenny – P0959-01 – reply to Agency letter dated

03/04/2012

Dear Ms O Sullivan

Please find attached the following documentation in answer to your letter dated April 3rd 2012 regarding

EIS;

1. Letter from Curtin Agricultural Consultants Ltd regarding questions 1 - 13 of EPA letter dated

03/04/12.

2. Question 1 - Copie of notice to Kilkenny County Council regarding applying for an IPPC Licence.

3. Question 2 – Site drawing showing storm water monitoring points.

4. Question 4 – Available water analysis results.

5. Questions 12 & 13 – Screening for Appropriate Assessment Report.

Also attached is 2 digital copies of this documentation.

Yours faithfully

___________________

Con Curtin (B.Agric.Sc)

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Date : May 29th 2012 Our ref. :

Your ref. : IPPC Licensing Section

EPA

PO Box 3000

Johnstown Castle Estate

Co Wexford

Re : Hermitage Pedigree Pigs Ltd, Sion Road, Kilkenny – P0959-01 – reply to Agency letter dated

03/04/2012

Dear Ms O Sullivan

1. Please find attached copy of notice sent to Kilkenny County Council.

2. Please find attached uniquely numbered updated site drawing showing the storm water monitoring

point. When the proposed development is complete the storm water will be piped to the open drain

on the southern boundary of site – therefore SW1 will suffice for all storm water.

3. A new well is being proposed. It is intended that this will be the main water source for the pig farm.

4. Laboratory analysis records attached.

5. A summary of customer farmers is as follows;

Map Reference Potential Pig Slurry Allowance (m3) No 1 959 No 2 543 No 3 374 No 4 157 No 5 92 No 6 393 No 7 157 No 8 59 No 9 423 No 10 433 No 11 384

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Registered Company Number : 255302 Vat Number : 8255302 K Directors : Ann Curtin & Con Curtin

No 12 439 No 13 301 No 14 515 No 15 57 No 16 52 No 17 325 No 18 357 No 19 207 No 20 154 No 21 254 No 22 1759 No 23 265 No 24 2354 Total => 11,012 m3

6. The existing available storage is 2,450 m3 (allowing for a correction for tank reference 20). Assuming

current production of 4,250 m3 plus 15% extraneous water => total = 4,888 m3 this will be adequate

storage for approximately 26 weeks. The proposed storage is 5,080 m3. Assuming 7,900 m3 of

annual pig manure production plus 15% extraneous water – total = 9,085 m3 this will be adequate

storage for approximately 29 weeks. Existing and proposed slurry storage

Building Description

Number Length Width Height

Floor Area Associated Slurry

Tank(s)

Total Volume

(m) (m) (m) (m2)

L (m)

W (m)

H (m) (m3)

Adjusted depth of

tank allowing

for freeboard

Adjusted Volume

(m3)

Existing 1 Office 9.2 4 2.2 37

2 Dry Sow House 45 11.8 2.5 531 45 11.8 1.37 727 1.17 621

3 Farrowing Room 6 11.8 2.5 71 6 11.8 0.86 61 0.66 47

4 First Stage Weaner 5.7 3.7 2.5 21 5.7 3.7 0.84 18 0.64 13

5 Farrowing Room 6.4 8.8 2.5 56 6.4 8.8 1.5 84 1.30 73

6 Farrowing Room 6.4 8.8 2.5 56 6.4 8.8 1.5 84 1.30 73

7 Farrowing Room 6.4 8.8 2.5 56 6.4 8.8 1.5 84 1.30 73

8 Farrowing Room 6.4 8.8 2.5 56 6.4 8.8 1.5 84 1.30 73


10 Farrowing Room 19.3 4.25 2.5 82 19.3 4.25 0.73 60 0.53 43



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13 Second Stage Weaner 54.5 7.35 2.5 401 54.5 0.75 0.53 22 0.33 13

14 Fattener House 27 2.2 2.5 59 27 2.2 0.6 36 0.40 24

15 Fattener House 48 16.3 2.5 782 48 5.8 2.05 571 1.85 515

16 Dry Sow House 7.05 5.8 2.5 41 7.05 5.8 0.38 16 0.18 7

17 Store 9.25 5.8 2.5 54 0 18 Boar House 6 9.3 2.5 56 6 2.4 1.5 22 1.30 19 6 1.92 1.2 14 1.00 12

19 Fattening Pens 45.8 9.3 2.5 426 45.8 2.4 1.5 165 1.30 143 45.8 1.92 1.2 106 1.00 88

20 Open Slurry Tank 10 2.4 24 10 2.4 2.4 58 1.40 34

21 Circular Slurry Tank 4.8 133 638 3.80 505

Propo- sed

Total Existing Available storage (m3) =>

2450

23 New Fattening House 66 20 5.1 1320 65.8 17.6 1.2 1390 1.00 1158

23 New Fattening House 66 20 5.1 1320 65.8 17.6 1.2 1390 1.00 1158

24 Tank between New Houses 66 1 0 66 65.8 1.95 1.2 154 1.00 128

25 Circular Slurry Tank * 4.8 133 638 4.50 599

26 Reception Pit 9.5 3.5 0 33 9.5 3.5 3 100 3 93

27

Sloping Concrete Apron 9.5 3.5 0 33

28 Bund 9.5 3.5 0 33 29 Feed Store 10 9.3 2.5 93 5080

Note : Proposed Circular tank will be covered

Total Proposed Available storage (m3) =>

Note : 200mm freeboard allowed under slat. 300 mm allowed for uncovered tank plus 700 mm for rain water.

7. There are 6 houses within 400 m of the boundary of the pig unit. Hermitage Pedigree Pigs Ltd has

been operating a pig farm at this site for over 12 years and there have been no complaints. There

has been a pig farm at the site for the past 50 years. There will be no significant change in odour

impact due to the expansion of the pig unit to 500 sows because of the following;

• The over ground tanks will be covered to minimise odour and ammonia emissions – the later

being reduced by 80%+ when tanks are covered.

• A stand of conifers will be maintained to the west of the new pig buildings. This will act as a

barrier to odour. In addition to this it is proposed to sow an extra conifer trees along the northern

boundary to increase odour mitigation.

• Because of animal welfare regulations the stocking rates for sows is being reduced on the pig

farm. This will mean less emissions from some of the older houses which used to be stocked at a

higher rate with fattening pigs.

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• The fattening pigs will be housed in newer houses with higher rates of ventilation which will

disperse odours quickly.

• The existing solid floor in the fattening pig house 19 will be replaced by a slatted floor thus

reducing odour.

• Because of the breeding enterprise on this farm the level of hygiene is very high. A code of

practice for managing manure is being implemented;

o All slurry tanker drivers must report to the office to sign slurry register which will be kept

on site.

o All slurry tankers entering the site must be clean and in good working order.

o When taking slurry from the reception pit all slurry tankers must be parked on the sloping

apron adjoining the slurry reception pit so that any accidental spills or drips which

inadvertently fall on this surface will drain back to the tank.

o The slurry extraction pipe may be left on this apron if the driver is returning.

o If the extraction pipe is being re fitted on to the tanker the driver must ensure that it is

emptied back into the reception pit before leaving.

o The driver should inspect his tanker to ensure that all valves are properly closed before

leaving the concrete apron.

o Drivers should avoid pumping slurry from the site out of normal working hours and avoid

spreading slurry during weekend.

• Training will be provided to personnel to increase awareness about the issue.

The proposed activity will not breach any statutory air quality standards either within the installation

or beyond the boundary of the installation, and that odour will not cause significant impairment of or

significant interfere with amenities or the environment beyond the installation.

8. The first photo below shows a retro fitted tent type cover on a steel slurry store.

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The second photo shows a “Combi Cover System” available from Geoline Ltd, Kilmacthomas, Co

Waterford.

9. The maximum pig numbers are as follows;

Category of Pig Number

Dry Sows 350 Lactating Sows 150 1st Stage Weaners 1450 2nd Stage Weaners 1450 Fat Pigs 2,700 Gilts & Boars 200

10. Needles / sharps 18 02 01 are not hazardous and are stored in sealed plastic containers.

Fluorescent tubes 20 01 21 are hazardous – but these are stored carefully to avoid breakage and

recycled.

11. Letter from accountant will be sent separately in a confidential submission.

12. Following meetings and discussions with the Environmental Department of the Local Authority a

screening for Appropriate Assessment report was not requested by the Local Authority.

13. A Screening for Appropriate Assessment report is attached.

Yours faithfully

___________________


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Date : May 29th 2012 Our ref. :

Your ref. : The Secretary

Kilkenny County Council

County Hall

Johns Street

Kilkenny

Dear Sir

I am acting on behalf of Hermitage Pedigree Pigs Ltd in the matter of planning reference

11588.

Following on from the letter dated 31st January 2012 from Hermitage Pedigree Pigs Ltd

to Kilkenny County Council notifying of it’s intention to apply for an IPPC Licence, the

EPA have requested us to re issue the notification to Kilkenny County Council in a format

that complies with Article 6(1) of the Environmental Protection Agency (Licensing)

Regulations 1994 to 2010.

The notice is as follows;

“APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE”

Hermitage Pedigree Pigs Limited, Sion Road, Kilkenny intends applying to the

Environmental Protection Agency for an IPPC License for the Hermitage Pedigree Pig

Rearing Installation in Muckalee, Ballyfoyle, Co Kilkenny (E254430, N167540).

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According to the first Schedule of the EPA Act the class of the activity is 6.2, the rearing

of pigs in an installation, whether within the same complex or within 100 meters of the

same complex, where the capacity exceeds 750 places for sows in a breeding unit, or

285 places for sows in an integrated unit, or 2,000 places for production pigs.

An Environmental Impact Statement (EIS) will be submitted to the Agency with the

application and this EIS and any further information relating to the effects on the

environment of the emissions from the activity which may be furnished to the Agency in

the course of the Agency’s consideration of the application, will be available at the

headquarters of the Agency in Johnstown Castle, Co Wexford. This Environmental

Impact Statement (EIS) has been submitted to Kilkenny County Council.

A copy of the application for the License and supporting information may be inspected at

or obtained from the headquarters of the Agency as soon as is practical after receipt by

the Agency of the application of the Licence.

Yours sincerely

___________________


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Proposed Pig Unit

Muckalee Co. Kilkenny

SCREENING STATEMENT FOR APPROPRIATE ASSESSMENT

(Screening Report and No Significant Effects

Report)

May 2012

MATTHEW HAGUE

14 O’DONOVAN ROAD, SOUTH CIRCULAR ROAD, DUBLIN 8 TEL: 01-4536889 MOB: 086-8054696

EMAIL: [email protected]

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Table of Contents

1. Introduction ................................ ................................ ................................ .................. 3

1.1. Background................................ ................................ ................................ ........... 3 2. The project ................................ ................................ ................................ ................... 4

2.1. The proposed development................................ ................................ ................. 4 3. Potential impacts on the protected sites ................................ ................................ ... 4

3.1. Methodology ................................ ................................ ................................ ......... 4 3.1.1. Desktop review and consultations................................ ................................ ..... 4 3.2. Results and assessment – Screening for Appropriate Assessment................ 5 3.2.1. Source-pathway-receptor................................ ................................ ................... 5 3.2.2. Ecology ................................ ................................ ................................ ................ 6 3.2.3. Other issues ................................ ................................ ................................ ........ 7

4. Mitigation................................ ................................ ................................ .................... 10 5. In-combination effects................................ ................................ ............................... 10 6. Conclusion ................................ ................................ ................................ ................. 12 Appendix I: Background to Appropriate Assessment ................................ .................... 13

Stages in the assessment................................ ................................ ............................ 14 Conservation objectives of European sites ................................ ................................ 14

Appendix II: Designated Sites ................................ ................................ ......................... 16 River Boyne and River Blackwater cSAC (002162) ................................ .................. 16 Lisbigney Bog cSAC (000869) ................................ ................................ .................... 17 River Nore SPA (004233) ................................ ................................ ............................ 17

Appendix III: Notice of Notifiable Actions ................................ ................................ ....... 18 Appendix IV: Screening matrix for Natura 2000 sites................................ .................... 19 Appendix V: No significant effects report ................................ ................................ ....... 24

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1. INTRODUCTION 1.1. Background This document constitutes an Appropriate Assessment Screening and No Significant Effects Report, which has been produced following a Screening Assessment of the potential effects of the development of a proposed pig unit at Muckalee, Co. Kilkenny. Three Natura 2000 (candidate Special Area of Conservation (cSAC) and Special Protection Area (SPA)) sites are located within 15km of the Muckalee site. Matthew Hague CEnv MIEEM, an ecologist with over ten years consultancy experience, was commissioned to undertake the initial stages of the Appropriate Assessment (AA) process, i.e. the production of a Screening Matrix and subsequent No Significant Effects Report, or Statement to Inform the Appropriate Assessment. A desk study review and site visit have been undertaken. This was in order to determine any potential impacts on the habitats and species listed as ‘qualifying features’ within the cSAC and SPA designations, as a result of the proposal. The potential impacts on Natura 2000 sites, as a result of the proposed development, as well as in-combination with other developments in the area, are assessed in this report. A detailed Environmental Impact Statement (EIS) undertaken to inform the planning application to Kilkenny County Council for the proposed development is referred to where relevant in this report. Separately, an application for an Integrated Pollution Prevention and Control (IPPC) Licence is to be made for the Muckalee pig farm. This report has been prepared with due regard to the European Commission guidance on Appropriate Assessment (2001)1 and the Appropriate Assessment Guidance for Planning Authorities2. and an outline of the AA process is presented in Appendix I.

1 European Commission (2001) 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 2 Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities. (Department of Environment, Heritage and Local Government, 2010 revision

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2. THE PROJECT

2.1. The proposed development

The proposed development will involve the construction of a pair of slatted sheds, with concrete tanks underneath. The tanks underneath the slatted sheds will be designed to be leak-proof. The tanks will have a minimum of six month storage capacity. In order to ensure that no slurry is spilled which could potentially enter the local watercourses (specifically the streams adjacent to the site), the slatted area will extend approximately 2m outside the sheds, to allow tanker trucks to be backed up into the shed for filling. Any inadvertent spillage will therefore be directed directly back to the storage tanks. An existing slurry tank will be removed. Organic manure arising from the pig farm will be applied to fields in a manner consistent with the existing codes of practice for slurry spreading and in accordance with SI 610 of 2010 – use as a fertiliser on agricultural land. Figure 1 in the accompanying documentation shows the proposed development site location, and organic fertiliser deposition areas in relation to the Natura 2000 sites within a 15km radius. The assessment of potential impacts on designated Natura 2000 sites is based on the information currently available, and is subject to change as new information becomes available. 3. POTENTIAL IMPACTS ON THE PROTECTED SITES

3.1. Methodology

3.1.1. Desktop review and consultations For the purposes of this study, a desk-based assessment was undertaken of the area surrounding the proposed development site, focussing on habitats and species that are listed as ‘qualifying features’ in the designation of the two Natura 2000 sites. A search was carried out for all Natura 2000 sites within 15km of the site, in accordance with the Appropriate Assessment Guidance for Planning Authorities. The following documents were consulted:

• Muckalee Proposed Pig Unit Environmental Impact Statement, December 2011;

• Online data available on Natura 2000 sites as held by the National Parks and Wildlife Service (NPWS) from www.npws.ie;

• Information on water quality in the area available from www.epa.ie; • Information on the South Eastern River Basin District from

www.wfdireland.ie; • Information on soils, geology and hydrogeology in the area available from

www.gsi.ie;

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• Kilkenny County Development Plan 2008 – 2014; • The Status of EU Protected Habitats in Ireland – Backing Documents

Volumes 1 to 3. (National Parks & Wildlife Service, 2007); • The Status of Birds in Ireland: An Analysis of Conservation Concern 2008-

2013 (Lynas et al., 2007). Conservation Objectives for all of the Natura 2000 sites have been provided by NPWS and these have been reviewed as part of this study (see Appendix II). The list of Notifiable Actions, in accordance with requirements under the EU Habitats Directive, for all relevant habitats was reviewed against the proposed development activities (Appendix III comprises the Notice of Notifiable Actions for Habitat Type 7.1). As part of the 2011 EIS, a field-based habitat and species assessment was undertaken. Given the amount of information available, from NPWS and other sources, it has been possible to gather adequate information on the site and the adjacent area (in particular, the Natura 2000 sites), in order to make an informed, sound judgement as to the potential impacts of the proposed development on the qualifying interests of these sites. This report therefore comprises an objective assessment of the potential impacts of the proposed development on the ecological environment, including the potential for any impacts on sites designated as Natura 2000 sites, under the EU Habitats and Birds Directives (Screening for Appropriate Assessment). 3.2. Results and assessment – Screening for Appropriate Assessment Three Natura 2000 sites could potentially be affected by the proposals, as follows: Candidate Special Areas of Conservation:

1. River Barrow and River Nore cSAC (002162), 1.2km north of the site (Dinin River) and 2.2km south of the site (Douglas River);

2. Lisbigney Bog cSAC (000869), 15km north west of the site;

Special Protection Areas: 3. River Nore SPA (004233), 9.4km west of the site.

A Conservation Statement has been prepared for Lisbigney Bog cSAC only. The proposed development site is separated from the surrounding designated sites by mixed-use, generally intensively farmed agricultural land. 3.2.1. Source-pathway-receptor In ecological and environmental impact assessment, for the risk of an impact to occur there must be a 'source', such as a construction site; a 'receptor', such as a

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designated site for nature conservation; and a pathway between the source and the receptor, such as a watercourse that links the construction site to the designated site. Although there may be a risk of an impact it may not necessarily occur, and if it does occur, it may not be significant. Identification of a risk means that there is a possibility of ecological or environmental damage occurring, with the level and significance of the impact depending upon the nature and exposure to the risk and the characteristics of the receptor. 3.2.2. Ecology A comprehensive Ecological Impact Assessment (EcIA) was undertaken and formed part of the EIS for the proposed development. This study included a full desktop review of available information, as well as a detailed site survey for flora and fauna in November 2011. Although November is outside the ideal time of year for undertaking such surveys, given the habitats encountered it is considered that the survey was completely adequate. Overall, the site is very highly modified and is only of low local ecological value for the habitats it contains. The EcIA was clear in its conclusions that there would be no impacts on flora and fauna, or designated nature conservation sites, as a result of any of the proposals. Furthermore it is considered that the proposed development site (the impact ‘source’) is not linked, other than via the water environment (the impact ‘pathways'), with any of the Natura 2000 sites (the ‘receptors’). There is the very slim possibility that a major spillage could cause contaminated material to be released into the adjacent streams, and enter the River Barrow and River Nore SAC. However, given the design of the sheds and tanks, and the design of tanker trucks employed to remove slurry, this theoretical possibility can be discounted. An area of the existing coniferous plantation will be removed. Given the fact that this woodland is of very limited ecological value, the impact of this will be negligible. The removal of the coniferous trees could give rise to pollution of watercourses, with the potential for increased sedimentation and acidification caused by the proposed works. The ash tree line surrounding the site will be retained. There will be no impact on any habitats of ecological value as a result of the proposed development and the proposed development at this site will therefore have no direct impacts on any designated areas. Organic manure arising from the pig farm will be applied to land in an appropriate manner, in accordance with SI 610 of 20103. Figure 1 shows the sites proposed for

3 The European Communities (Good Agricultural Practices For Protection of Waters) Regulations 2010

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organic manure application. Although some of the proposed land spread sites are much closer to the Natura 2000 sites than the pig unit itself, this practice is not a Notifiable Action under the EU Bird and Habitats Regulations. Furthermore, the application of fertiliser to the spread lands has been ongoing and consistent for many years. Some of this chemical fertiliser will be replaced with organic fertiliser, and recommended quantities will not be exceeded. The existing habitats have adapted over time to the intensive agricultural activities practiced throughout the spread lands. Neither these habitats (all outside the Natura 2000 sites) nor the Natura 2000 sites themselves will be in anyway affected by the continued application of organic manure from the pig farm, provided the necessary mitigation measures, as detailed in the EIS, are adopted. See Section 4 for mitigation measures pertaining to the organic manure spread activities.

It is concluded that, given the nature, location and type of development proposed, including the separate organic manure spreading activities, and the potential impact sources, pathways and receptors, there will be no resulting impact on the natural environment, including on designated Natura 2000 sites. 3.2.3. Other issues No other potential environmental impacts (such as impacts on cultural heritage or landscape and visual receptors) are considered relevant to this report. Table 1 (overleaf) lists the relevant Natura 2000 sites, outlines their reasons for designation and discusses potential impacts or risks to these sites from the proposed development.

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Site Name and Code

Distance from proposed development

Features of Interest Do any potential source-pathway-receptor links exist between the proposed development and the Natura 2000 site?

River Barrow and River Nore cSAC (002162)

1.2km north (Dinin River) 2.2km south (Douglas River)

• Vertigo moulinsiana [1016] • Freshwater pearl mussel (Margaritifera

margaritifera) [1029] • White-clawed crayfish (Austropotamobius

pallipes) [1092] • Sea lamprey (Petromyzon marinus) [1095] • Brook lamprey (Lampetra planeri) [1096] • River lamprey (Lampetra fluviatilis) [1099] • Allis shad (Alosa alosa) [1102] • Twaite shad (Alosa fallax fallax) [1103] • Salmon (Salmo salar) [1106] • Estuaries [1130] • Mudflats and sandflats not covered by seawater

at low tide [1140] • Salicornia and other annuals colonizing mud

and sand [1310] • Spartina swards (Spartinion maritimae) [1320] • Atlantic salt meadows (Glauco-Puccinellietalia

maritimae) [1330] • Otter (Lutra lutra) [1355] • Mediterranean salt meadows (Juncetalia

maritimi) [1410] • Killarney fern (Trichomanes speciosum) [1421] • Pearl mussel (Margaritifera durrovensis) [1990] • Water courses of plain to montane levels with

the Ranunculion fluitantis and Callitricho-Batrachion vegetation [3260]

• European dry heaths [4030] • Hydrophilous tall herb fringe communities of

plains and of the montane to alpine levels [6430]

Yes. Water: The development site is located 1.2km away from the cSAC at its closest point and there is no risk of any direct impacts. Nevertheless there remains the potential for indirect impacts on the cSAC, as a result of the release of sediments or contaminated water during both the construction (including the removal of the area of coniferous trees) and operational phases of the proposed pig unit. However, all facilities will be built to ensure protection of water resources. The pig manure management complies with Agricultural Bye-laws and European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2006-2010. Furthermore the pig farm is monitored by the EPA Office of Environmental Enforcement and is compliant with EPA requirements. The area of coniferous trees will be removed in a manner that ensures that adjacent watercourses are not subject to additional sedimentation or acidification, in accordance with best practice. Organic manure arising from the pig farm will be applied to land in an appropriate manner, in accordance with SI 610 of 2010. Although some of the proposed land spread sites are much closer to the Natura 2000 sites than the pig unit itself, this practice is not a Notifiable Action under the EU Bird and Habitats Regulations. Air:

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• Petrifying springs with tufa formation (Cratoneurion) [7220]

• Old sessile oak woods with Ilex and Blechnum in British Isles [91A0]

• Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0]

Given the extremely robust operating standards under which the proposed facility will continue to operate, it can be concluded that there will be no resulting impact on the natural environment, including, in particular, on the cSAC.

Lisbigney Bog cSAC (000869)

15km north west • Vertigo moulinsiana [1016] • Calcareous fens with Cladium mariscus and

species of the Caricion davallianae [7210]

No. There is no potential link or pathway between the development site and this SPA.

River Nore SPA (004233)

9.4km south west • Kingfisher (Alcedo atthis) [A229] No. There is no potential link or pathway between the development site and this SPA.

Table 1: Potential source-pathway-receptor links between the proposed development site and Natura 2000 sites

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4. MITIGATION Avoidance of impacts There are no impacts as a result of this proposal, therefore no mitigation is proposed, other than standard measures to ensure that industry codes of best practice are adhered to during the construction and operation of the proposed development, in particular relating to the protection of watercourses, and that organic manure is applied to land in an appropriate manner, in accordance SI 610 of 2010. The area of coniferous trees will be removed in a manner that ensures that adjacent watercourses are not subject to additional sedimentation or acidification, in accordance with best practice. Mitigation measures pertaining to organic manure deposition:

o To avoid contamination of the local watercourses minimum buffer zones of 20m for main river channels and 5m for small watercourses should be adhered to at all times during the application of pig slurry. Buffer zones have been increased depending on gradient;

o A minimum buffer zone of 20m should be put in place and adhered to for areas which are adjacent to candidate Special Areas of Conservation (cSAC);

o The guidelines for spreading state that spreading should only take place when suitable climatic and environmental conditions exist and spreading should not take place on:

o wet or waterlogged soils;

o land sloping steeply towards water courses;

o frozen or snow covered soils.

o Spreading should not take place when heavy rain is forecast within 48 hours o Spreading should not take place within 15 meters of rock out crops, 25

meters from wells and 200 meters from public water sources to protect ground water.

o Spreading should not take place from October 16th to January 12th.

5. IN-COMBINATION EFFECTS As stated in the EIS, there will be no changes to water quality as a result of the proposed development. Due to the nature of the proposed work, including the fact that the proposed development is some considerable distance from the nearest Natura 2000 site, the current proposals are not expected to have any significant impacts on the integrity of any Natura 2000 sites. As such, no in-combination impacts are anticipated, and it can be concluded that the development either on its own on in-combination with other development will have no impact on Natura 2000 sites.

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As a consequence of the above, no in-combination impacts are anticipated.

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6. CONCLUSION

The first part of the screening process requires consideration of the project in respect of whether it is directly connected with or necessary for the management of European Sites. ‘Directly’ in this context means solely conceived for the conservation management of a site and ‘management’ in this context refers to the management measures required in order to maintain in favourable condition the features for which the European Site has been designated.

• The proposed development is neither directly connected with, nor necessary for, the management of any Natura 2000 sites.

It is considered that the proposed development (the impact ‘source’) is not linked, other than via the water environment (the impact ‘pathway'), with either of the Natura 2000 sites (the ‘receptors’). Furthermore, the only Natura 2000 site with any potential links to the proposed development is the River Barrow and River Nore cSAC. As is evident from this report, given the nature, location and type of development proposed, and the potential impact sources, pathways and receptors, there will be no resulting impact on the natural environment, including, in particular, on designated Natura 2000 sites, either as a result of the development or in-combination with any other developments. It can therefore be concluded that the proposed development will not result in any likely significant effects on any designated areas, and Appropriate Assessment under the EU Habitats Directive is not required. Therefore, due to the fact that none of the habitats and species listed as ‘qualifying features’ in the Natura 2000 site designations will be affected by the proposals it has been assessed that the development of the project will ‘not result in any likely significant effects’ on Natura 2000 site (see Screening Matrix in Appendix IV). This conclusion is recorded in the No Significant Effects Report Matrix (see Appendix V).

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APPENDIX I: BACKGROUND TO APPROPRIATE ASSESSMENT

The Natura 20004 network is a Europe-wide network of ecologically important sites (SPAs and SACs – also known as ‘European Sites’) that have been designated for protection under either the EU Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds) or the EU Habitats Directive (Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna). The main aim of the Habitats Directive is “to contribute towards ensuring biodiversity through the conservation of natural habitats of wild fauna and flora in the European territory of the Member States to which the treaty applies”. Any actions taken must be designed to “maintain or restore, at a favourable conservation status, natural habitats and species of wild fauna and flora of Community interest”. Under Article 6 of the Habitats Directive, an assessment is required where a plan or project may give rise to significant effects upon a Natura 2000 site. In addition, it is a matter of law that candidate SACs (cSACs) and Sites of Community Importance (SCI) are considered in this process; Article 6 (paragraphs (3) and (4)) of the Habitats Directive states that:

(3) Any plan or project not directly connected with or necessary to the

management of the site but likely to have 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. In the 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.

(4) If, in spite of a negative assessment of the implications for the 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 social or economic nature, the Member State 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.’’

The requirements of the Habitats Directive are transposed into Irish law by means of the European Communities (Birds and Natural Habitats) Regulations 2011 (hereafter referred to as the Birds and Habitats Regulations)5 and by the Planning and Development (Amendment) Act 2010, as amended. 4 The EU Habitats Directive, Article 3.1, states “A Coherent European ecological network of Special Areas of Conservation and Special Protection Areas pursuant to Directive 79/409/EEC shall be set up under the title Natura 2000” 5 SI No. 477 of 2011

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In Ireland, the statutory agency responsible for the designated areas is NPWS. Stages in the assessment European Commission guidance (2001)6 sets out the principles on how to undertake decision making in applying the Habitats Directive. The requirements of the Habitats Directive comprise four distinct stages:

Stage 1: Screening is the process which initially identifies the likely impacts upon a European site of a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts may be significant. It is important to note that the burden of evidence is to show, on the basis of objective information, that there will be no significant effect; if the effect may be significant, or is not known, that would trigger the need for an Appropriate Assessment. There is European Court of Justice case law to the effect that unless the likelihood of a significant effect can be ruled out on the basis of objective information, then an Appropriate Assessment must be made. Stage 2: Appropriate Assessment is the detailed consideration of the impact on the integrity of the European site of the project or plan, either alone or in combination with other projects or plans, with respect to the site’s conservation objectives and its structure and function. This is to determine whether or not there will be adverse effects on the integrity of the site. This stage also includes the development of mitigation measures to avoid or reduce any possible impacts. Stage 3: Assessment of alternative solutions is the process which examines alternative ways of achieving the objectives of the project or plan that would avoid adverse impacts on the integrity of the European site, should avoidance or mitigation measures be unable to cancel out adverse effects. Stage 4: Assessment where no alternative solutions exist and where adverse impacts remain. At Stage 4 an assessment is made with regard to whether or not the development is necessary for imperative reasons of overriding public interest (IROPI) and, if so, of the compensatory measures needed to maintain the overall coherence of the Natura 2000 network.

Conservation objectives of European sites The conservation objectives for a European Site are intended to represent the aims of the Habitats and Birds Directives in relation to that site. To this end, habitats and species of European Community importance should be maintained or restored to ‘favourable conservation status’ (FCS), as defined in Article 1 of the Habitats Directive below:

6 European Commission (2001) 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

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The conservation status of a natural habitat will be taken as ‘favourable’ when:

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

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;

Conservation status of typical species is favourable as defined in Article 1(i). The conservation status of a species will be taken as favourable 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;

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

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

Guidance from the European Commission7 indicates that the Habitats Directive intends FCS to be applied at the level of an individual site, as well as to habitats and species across their European range. Therefore, in order to properly express the aims of the Habitats Directive for an individual site, the conservation objectives for a site are essentially to maintain (or restore) the habitats and species of the site at (or to) FCS. The European Commission guidance recommends that screening should fulfil the following steps:

1 Determine whether the plan (or policy) is directly connected with or necessary for the management of Natura 2000 sites;

2 Describe the plan and describe and characterise any other plans or projects which, in combination, have the potential for having significant effects on Natura 2000 sites;

3 Identify the potential effects on Natura 2000 sites; 4 Assess the likely significance of any effects on Natura 2000 sites.

Generic Conservation Objectives for the sites have been provided by NPWS and are presented in Appendix II.

7 Managing Natura 2000 sites: the provisions of Article 6 of the Habitats Directive 92/43/EEC. (European Commission 2000)

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APPENDIX II: DESIGNATED SITES River Boyne and River Blackwater cSAC (002162) The River Barrow and River Nore cSAC has been designated on the basis that it supports the following habitats and species of European importance. Qualifying Interests • Vertigo moulinsiana [1016] • Freshwater pearl mussel (Margaritifera margaritifera) [1029] • White-clawed crayfish (Austropotamobius pallipes) [1092] • Sea lamprey (Petromyzon marinus) [1095] • Brook lamprey (Lampetra planeri) [1096] • River lamprey (Lampetra fluviatilis) [1099] • Allis shad (Alosa alosa) [1102] • Twaite shad (Alosa fallax fallax) [1103] • Salmon (Salmo salar) [1106] • Estuaries [1130] • Mudflats and sandflats not covered by seawater at low tide [1140] • Salicornia and other annuals colonizing mud and sand [1310] • Spartina swards (Spartinion maritimae) [1320] • Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330] • Otter (Lutra lutra) [1355] • Mediterranean salt meadows (Juncetalia maritimi) [1410] • Killarney fern (Trichomanes speciosum) [1421] • Pearl mussel (Margaritifera durrovensis) [1990] • Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-

Batrachion vegetation [3260] • European dry heaths [4030] • Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels

[6430] • Petrifying springs with tufa formation (Cratoneurion) [7220] • Old sessile oak woods with Ilex and Blechnum in British Isles [91A0] • Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae,

Salicion albae) [91E0] Vulnerability (extracted from Natura 2000 Standard Data Form) 30% of the site consists of water: 10% freshwater and 20% of estuarine and tidal stretches. The Annex II species listed in Section 4.2 are dependent on the quality of these waters. Much of the site along the water courses is under threat from pollution caused by increased fertiliser application, sewage and industrial waste. There is also loss of saltmeadow habitat with two legally protected species and a rare sedge, as a result of infilling and agricultural intensification. Alosa fallax may be vulnerable to angling pressure. Aquaculture occurs in Waterford Harbour and may be causing some disturbance to the intertidal sediments and wintering birds - intensification of aquaculture is a threat. Generic Conservation Objective for the cSAC (dated 18th July 2011) To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the cSAC has been selected (i.e. the qualifying interests.

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Lisbigney Bog cSAC (000869) Lisbigney Bog cSAC has been designated on the basis that it supports the following habitats and species of European importance. Qualifying Interests • Vertigo moulinsiana [1016] • Calcareous fens with Cladium mariscus and species of the Caricion davallianae [7210] Vulnerability (extracted from Natura 2000 Standard Data Form) The site is privately owned and the principal threat is drainage. Some burning occurs in most years and if severe can be damaging.

Generic Conservation Objective for the cSAC (dated 18th July 2011) To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the cSAC has been selected (i.e. the qualifying interests. River Nore SPA (004233) The River Nore SPA has been designated on the basis that it supports the following species of European importance. Qualifying Interests • Kingfisher Alcedo atthis [breeding] Vulnerability (extracted from Natura 2000 Standard Data Form) No known threats. Generic Conservation Objective for the cSAC (dated 18th July 2011) To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the cSAC has been selected (i.e. the qualifying interests

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APPENDIX III: NOTICE OF NOTIFIABLE ACTIONS

NOTICE OF NOTIFIABLE ACTIONS HABITAT TYPE 7.1

SECTION A Please note that the activities listed in Section A overleaf are required to be notified to the Minister for The Environment and Local Government (see attached form) and should not be undertaken before consent. disturbance of bats operation of commercial recreation facilities (e.g. bird watching tours) introduction (or re-introduction) into the wild of plants or animals of species not currently found in the area any other activity of which notice may be given by the Minister from time to time

SECTION B Please note that the activities listed in Section B overleaf may, and in most cases do, require a license or consent from another statutory authority (e.g. the local planning authority, the Minister for the Marine and Natural Resources, or the Minister for Agriculture and Food). If so, these notifiable actions do not apply. However, if such activities are not regulated by another

statutory authority, the said activities are required to be notified to the Minister for The Environment and Local Government (see attached form).

SECTION B developing leisure facilities including sports pitches, caravan or camping facilities. developing roads or car parks construction of fences, buildings and embankments afforestation

Under STATUTORY INSTRUMENT 94 of 1997, made under the EUROPEAN COMMUNITIES ACT 1972 and in accordance with the obligations inherent in the COUNCIL DIRECTIVE 92/43/EEC of 21 May 1992 (the Habitats Directive) on the conservation of the natural habitats and species of wild fauna and flora, all persons must obtain the written consent, (in circumstances prescribed at section A and B below) of the Minister for The Environment and Local Government before performing any of the operations on, or affecting, the following habitats where they occur on lands / waters within the candidate Special Area of Conservation. Please note that where a landowner has a current approved plan under the Rural Environmental Protection Scheme or any scheme which the Minister considers to be equivalent s/he need only notify the Minister of activities not covered in the plan.

HABITAT TYPE ditches, hedges, cereals and intensive grasslands, walls, buildings, waste ground,

bare soil, parkland grassland, bracken, caves, or quarries

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APPENDIX IV: SCREENING MATRIX FOR NATURA 2000 SITES

Project Name: Proposed Pig Unit at Mathewstown, Co.

Kilkenny Natura 2000 Sites under Consideration Candidate Special Area of Conservation:

1. River Barrow and River Nore cSAC (002162);

2. Lisbigney Bog cSAC (000869); Special Protection Areas:

3. River Nore SPA (004233). Date: Author (Name/Organisation): Verified (Name/Organisation): May 2012 Matthew Hague, Consultant

Ecologist Matthew Hague, Consultant Ecologist

Description of Project Describe any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) on the European Site by virtue of:

Size and scale

The proposed development will involve the construction of a pair of slatted sheds, with concrete tanks underneath. The sheds are designed to be completely self-contained units. The tanks underneath the slatted sheds are designed according to industry best practice with an impermeable barrier to prevent any leakage. The tanks have a six month storage capacity. In order to ensure that no slurry is spilled which could potentially enter the local watercourses (specifically the streams adjacent to the site), the slatted area will extend approximately 2m outside the sheds, to allow tanker trucks to be backed up into the shed for filling. Any inadvertent spillage will therefore be directed directly back to the storage tanks. An existing slurry tank will be removed. Organic manure arising from the pig farm will be applied to fields in a manner consistent with the existing codes of practice for slurry spreading and in accordance with SI 610 of 2010 – use as a fertiliser on agricultural land.

Land-take There will be no land-take within the boundary of any designated site. Site Distance (approximate) River Barrow and River Nore cSAC (002162)


Lisbigney Bog cSAC (000869) 15km north west

Distance from the European Sites or key features of the sites (from edge of the project assessment corridor) River Nore SPA

(004233) 9.4km south west

Resource requirements (from the European Sites or from areas in proximity to the site, where of relevance to consideration of impacts)

No resources are needed from within any Natura 2000 site.

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Emissions (e.g. polluted surface water runoff – both soluble and insoluble pollutants, atmospheric pollution)

All air and water emissions will be strictly controlled under relevant regulations and guidelines, and under an IPPC licence, to be applied for.

Excavation requirements (e.g. impacts on local hydrogeology)

No excavations required

Transportation requirements

No changes to existing, permitted traffic levels are required or proposed.

Duration of construction, operation etc;

The proposed pig unit is expected to remain in operation for many years

Other

In-combination impacts Due to the nature of the proposed work, including the fact that the proposed development is some considerable distance from the nearest Natura 2000 site, the current proposals are not expected to have any significant impacts on the integrity of any Natura 2000 sites. As such, no in-combination impacts are anticipated, and it can be concluded that the development either on its own on in-combination with other development will have no impact on Natura 2000 sites.


Description of avoidance and/or mitigation measures Describe any assumed (plainly established and uncontroversial) mitigation measures, including information on:

Nature of proposals

There are no impacts as a result of this proposal, therefore no mitigation is proposed, other than standard measures to ensure that industry codes of best practice are adhered to during the construction and operation of the proposed development, in particular relating to the protection of watercourses, and that organic manure is applied to land in an appropriate manner, in accordance SI 610 of 2010. The area of coniferous trees will be removed in a manner that ensures that adjacent watercourses are not subject to additional sedimentation or acidification, in accordance with best practice. Mitigation measures pertaining to organic manure deposition:

o To avoid contamination of the local watercourses minimum buffer zones of 20m for main river channels

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and 5m for small watercourses should be adhered to at all times during the application of pig slurry. Buffer zones have been increased depending on gradient;

o A minimum buffer zone of 20m should be put in place and adhered to for areas which are adjacent to candidate Special Areas of Conservation (cSAC);

o The guidelines for spreading state that spreading should only take place when suitable climatic and environmental conditions exist and spreading should not take place on:

o wet or waterlogged soils;

o land sloping steeply towards water courses;

o frozen or snow covered soils.

o Spreading should not take place when heavy rain is forecast within 48 hours

o Spreading should not take place within 15 meters of rock out crops, 25 meters from wells and 200 meters from public water sources to protect ground water.

o Spreading should not take place from October 16th to January 12th.

Location As appropriate

Evidence for effectiveness

Not applicable

Mechanism for delivery (legal conditions, restrictions or other legally enforceable obligations)

Relevant planning conditions.

Characteristics of European Site(s) A brief description of the European Site should be produced, including information on:

Name of European Sites and EU codes

Candidate Special Area of Conservation: 1. River Barrow and River Nore cSAC (002162); 2. Lisbigney Bog cSAC (000869);

Special Protection Areas: 3. River Nore SPA (004233).

Site Distance River Barrow and River Nore cSAC (002162)



Location and distance of the European Sites from the proposed works River Nore SPA

(004233) 9.4km south west

Site Size River Barrow and River Nore cSAC (002162)

12373ha

Lisbigney Bog cSAC (000869) 35.64ha European Site sizes

River Nore SPA (004233);

415ha

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Key features of the European Sites including the primary reasons for selection and any other qualifying interests

See Appendix II of this report for full details.

Vulnerability of the European Sites – any information available from the standard data forms on potential effect pathways


European Sites conservation objectives – where these are readily available


Assessment Criteria Describe the individual elements of the project (either alone or in combination with other plans or projects) likely to give rise to impacts on the European Site. The assessment of potential impacts on designated Natura 2000 sites is based on the information currently available, and is subject to change as new information becomes available. The only potential impacts on Natura 2000 sites relate to the water environment, and the potential for the release of contaminated surface water to watercourses. However, given the nature of the proposals, the location of the pig farm in relation to Natura 2000 sites, and the mitigation measures designed to protect watercourses, the risk of such impacts is not significant. Initial Assessment The key characteristics of the site and the details of the European Sites should be considered in identifying potential impacts. Describe any likely changes to the site arising as a result of: Reduction of habitat area No reduction in the area of any site.

Disturbance to key species None

Habitat or species fragmentation None

Reduction in species density None Changes in key indicators of conservation value (water quality etc.)

None

Climate change None

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Describe any likely impacts on the European Sites as a whole in terms of:

Interference with the key relationships that define the structure of the site

None

Interference with key relationships that define the function of the site

None

Indicate the significance as a result of the identification of impacts set out above in terms of:

Reduction of habitat area No impact predicted

Disturbance to key species No impact predicted

Habitat or species fragmentation No impact predicted

Loss No impact predicted

Fragmentation No impact predicted

Disruption No impact predicted

Disturbance No impact predicted

Change to key elements of the site (e.g. water quality, hydrological regime etc)

The project is predicted to result in no change to the current environmental conditions. Overall, there are no anticipated significant impacts on the ecological integrity of any Natura 2000 site as a result of this proposal.

Describe from the above those elements of the project, or combination of elements, where the above impacts are likely to be significant or where the scale or magnitude of impacts is not known. None of the elements of the project, or combination of elements, are likely to lead to a significant impact on any Natura 2000 site. Outcome of screening stage (delete as appropriate).

Significant Effects are Likely/ Sufficient Uncertainty Remains/ Not Likely to be Significant Effects

Are the appropriate statutory environmental bodies in agreement with this conclusion (delete as appropriate and attach relevant correspondence).

This report is to be considered by the EPA.

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APPENDIX V: NO SIGNIFICANT EFFECTS REPORT Project Name: Proposed Pig Unit at Mathewstown, Co. Kilkenny

Natura 2000 Sites under Consideration

Candidate Special Area of Conservation: 1. River Barrow and River Nore cSAC (002162); 2. Lisbigney Bog cSAC (000869);

Special Protection Areas: 3. River Nore SPA (004233).

Date: Author (Name/Organisation): Verified (Name/Organisation):

May 2012 Matthew Hague, Consultant Ecologist

Matthew Hague, Consultant Ecologist

Site Distance River Barrow and River Nore cSAC (002162)



Names and locations of European Sites

River Nore SPA (004233)

9.4km south west

Description of the project The proposed development will involve the construction of a pair of slatted sheds, with concrete tanks underneath. The sheds are designed to be completely self-contained units. The tanks underneath the slatted sheds are designed according to industry best practice with an impermeable barrier to prevent any leakage. The tanks have a six month storage capacity. In order to ensure that no slurry is spilled which could potentially enter the local watercourses (specifically the streams adjacent to the site), the slatted area will extend approximately 2m outside the sheds, to allow tanker trucks to be backed up into the shed for filling. Any inadvertent spillage will therefore be directed directly back to the storage tanks. An existing slurry tank will be removed. Organic manure arising from the pig farm will be applied to fields in a manner consistent with the existing codes of practice for slurry spreading and in accordance with SI 610 of 2010 – use as a fertiliser on agricultural land.

Is the project directly connected with or necessary to the management of the sites (provide details)?

No, it is completely unrelated.

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

In-combination impacts Due to the nature of the proposed work, including the fact that the proposed development is some considerable distance from the nearest Natura 2000 site, the current proposals are not expected to have any significant impacts on the integrity of any Natura 2000 sites. As such, no in-combination impacts are anticipated, and it can be concluded that the development either on its own on in-combination with other development will have no impact on Natura 2000 sites.


The Assessment of Significance of Effects

Describe how the project (alone or in combination) is likely to affect the European Sites.

No impacts on any Natura 2000 sites are anticipated, as a result of either the development on its own or in combination with other developments.

Explain why these effects are not considered significant.

There will be no direct or indirect impacts on habitats or species.

List of agencies consulted: provide contact name and telephone or e-mail address.

None

Response to consultation.

This report is to be considered by the EPA.

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EPA Export 19-06-2012:04:45:04