Appendix B. HDA Screening Report

Transcription

1 Appendix B HDA Screening Report 12

2 Port of Cork Cobh Cruise Terminal Upgrade Habitats Directive Assessment DOCUMENT CONTROL SHEET Client: Project Title: Document Title: Document No: This Document Comprises: Port of Cork Cobh Cruise Terminal Upgrade Habitats Directive Assessment - D01 DCS TOC Text No. of Appendices List of Figures List of Tables Rev Status Author(s) Reviewed By Approved By Office of Origin Issue Date V01 Working Draft D. McDonnell S. Downes Limerick V02 1 st Draft for preliminary review D. McDonnell S. Downes M. McConnell Limerick V03 Final Draft S. Downes R. Barr M. McConnell Limerick rpsgroup.com/ireland

3 TABLE OF CONTENTS GLOSSARY OF TERMS & ABBREVIATIONS... III 1 INTRODUCTION REQUIREMENTS FOR HABITATS DIRECTIVE ASSESSMENT Legislative context Guidance for Appropriate Assessment Reporting Additional Legislation in Relation to Designated Conservation Sites THE APPROPRIATE ASSESSMENT PROCESS Overview of Screening Methodology APPROPRIATE ASSESSMENT SCREENING OF THE PROJECT PROJECT SETTING AND BACKGROUND Site Location Description of the project Desk Study and Consultation SCREENING OF THE NATURA 2000 SITES WITHIN THE STUDY AREA Identification of Natura 2000 sites with the study area Description of the Natura 2000 sites potentially affected by the project IMPACT ASSESSMENT CRITERIA Potential Direct Impacts Affecting Natura 2000 Designations Potential Indirect Impacts Affecting Natura 2000 Designations Potential Cumulative or In-Combination Impacts Affecting Natura 2000 Designations SCREENING CONCLUSION STATEMENT REFERENCES APPENDICES APPENDIX A: Project Drawings APPENDIX B: Natura 2000 Site Synopses LIST OF FIGURES Figure 2.1 Location of the proposed project at Cobh, Co. Cork... 7 Figure 2.2 Location and layout of the proposed works at the Cobh Cruise Terminal, Cobh, Co. Cork Figure 2.3 Natura 2000 sites located within a 15km radius of the Cobh Cruise Berth Upgrade project.. 16 IBE i Rev V02

4 LIST OF TABLES Table 2.1 Summary of the conservation status of the Annex I habitats for which the Great Island Channel SAC (Site Code ) is designated Table 2.1 Potential Direct, Indirect and Cumulative Impacts from the proposed development affecting Natura 2000 Sites Table 3.1 Summary of significance of effects arising from the proposed works with regard to the Natura 2000 sites potentially affected IBE ii Rev V02

5 GLOSSARY OF TERMS & ABBREVIATIONS Appropriate Assessment: An assessment of the effects of a plan or project on the Natura 2000 network. The Natura 2000 network comprises Special Protection Areas under the Birds Directive, Special Areas of Conservation under the Habitats Directive and Ramsar sites designated under the Ramsar Convention. Biodiversity: Word commonly used for biological diversity and defined as assemblage of living organisms from all habitats including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part. Birds Directive: Council Directive of 2nd April 1979 on the conservation of wild birds (79/409/EEC). Geographical Information System (GIS): A GIS is a computer-based system for capturing, storing, checking, integrating, manipulating, analysing and displaying data that are spatially referenced. Habitats Directive: European Community Directive (92/43/EEC) on the Conservation of Natural Habitats and of Wild Flora and Fauna and the transposing Irish regulations (The European Union (Natural Habitats) Regulations, SI 94/1997 as amended). It establishes a system to protect certain fauna, flora and habitats deemed to be of European conservation importance. Mitigation measures: Measures to avoid/prevent, minimise/reduce, or as fully as possible, offset/compensate for any significant adverse effects on the environment, as a result of implementing a plan or project. Natura 2000: European network of protected sites, which represent areas of the highest value for natural habitats and species of plants and animals, which are rare, endangered or vulnerable in the European Community. The Natura 2000 network will include two types of area. Areas may be designated as Special Areas of Conservation (SAC) where they support rare, endangered or vulnerable natural habitats and species of plants or animals (other than birds). Where areas support significant numbers of wild birds and their habitats, they may become Special Protection Areas (SPA). SACs are designated under the Habitats Directive and SPAs are classified under the Birds Directive. Some very important areas may become both SAC and SPA. Scoping: the process of deciding the content and level of detail of an AA, including the key environmental issues, likely significant environmental effects and alternatives which need to be considered, the assessment methods to be employed, and the structure and contents of the Natura Impact Statement. IBE iii Rev V02

6 Screening: The determination of whether implementation of a plan or project would be likely to have significant environmental effects on the Natura 2000 network. Significant effects: Effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors. Special Area for Conservation (SAC) / Candidate Special Area for Conservation (csac): A SAC designation is an internationally important site, protected for its habitats and species. It is designated, as required, under the EC Habitats Directive (1992). A csac is a candidate site, but is afforded the same status as a European Site as if it were confirmed. Special Protection Area (SPA) / proposed Special Protection Area (pspa): A SPA is a site of international importance for breeding, feeding and roosting habitat for bird species. It is designated, as required, under the EC Birds Directive (1979). Statutory Instrument: Any order, regulation, rule, scheme or byelaw made in exercise of a power conferred by statute. IBE iv Rev V02

7 1 INTRODUCTION 1.1 REQUIREMENTS FOR HABITATS DIRECTIVE ASSESSMENT With the introduction of the Birds Directive in 1979 and the Habitats Directive in 1992 came the obligation to establish the Natura 2000 network of sites of highest biodiversity importance for rare and threatened habitats and species across the EU. In Ireland, the Natura 2000 network of European sites comprises Special Areas of Conservation (SACs, including candidate SACs), and Special Protection Areas (SPAs, including proposed SPAs). SACs are selected for the conservation of Annex I habitats (including priority types which are in danger of disappearance) and Annex II species (other than birds). SPAs are selected for the conservation of Annex I birds and other regularly occurring migratory birds and their habitats. The annexed habitats and species for which each site is selected correspond to the qualifying interests of the sites; from these the conservation objectives of the site are derived. A key protection mechanism is the requirement to consider the possible nature conservation implications of any plan or project on the Natura 2000 site network before any decision is made to allow that plan or project to proceed. Not only is every new plan or project captured by this requirement but each plan or project, when being considered for approval at any stage, must take into consideration the possible effects it may have in-combination with other plans and projects when going through the process known as Appropriate Assessment (abbreviated in this document to AA). All developments that require a planning permission process, public developments carried out by Local Authorities, material contravention proposals and Exempted Development applications within a Natura site, or which could potentially have a significant effect on Natura 2000 site, are subject to AA Legislative context Articles 6(3) and 6(4) of the Habitat Directive 92/43/EEC require an Appropriate Assessment of plans or projects to prevent significant adverse effects on Natura 2000 sites. Article 6(3) Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect there on 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 IBE Rev V02

8 that it will not adversely affect the integrity of the site concerned and if appropriate, after having obtained the opinion of the general public. Article 6(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 the Nature 2000 site is protected. It shall inform the Commission of the compensatory measures adopted. The purpose of AA is for the competent authority to assess whether the proposed Cobh Cruise Berth will adversely affect the integrity of any Natura 2000 sites. It should be highlighted at this stage in the process that an application under Article 6(4) is highly unlikely given the overall design of the project has been undertaken in such a way as to avoid any construction directly within a Natura 2000 site Guidance for Appropriate Assessment Reporting This appropriate assessment has been carried out using the following guidance: Department of Environment Heritage and Local Government Circular NPW 1/10 and PSSP 2/10 on Appropriate Assessment under Article 6 of the Habitats Directive Guidance for Planning Authorities March Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. Department of the Environment, Heritage and Local Government (2009); Managing Natura 2000 Sites: the provisions of Article 6 of the Habitats Directive 92/43/EEC, European Commission (2000); en.pdf 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. European Commission (2001); ss_en.pdf IBE Rev V02

9 Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the Commission ; en.pdf Guidance document on the implementation of the birds and habitats directive in estuaries and coastal zones with particular attention to port development and dredging. European Communities (Birds and Natural Habitats) Regulations SI%20477%20of% pdf Based on these guidelines, the assessment process is a four-staged approach as described below. An important aspect of the process is that the outcome at each successive stage determines whether a further stage in the process is required Additional Legislation in Relation to Designated Conservation Sites Natural Heritage Areas (NHA) are sites of national significance, proposed Natural Heritage Areas (pnha) are sites that have been proposed but not formally designated. When formally designated, a pnha is legally protected from damage under Irish legislation in the form of the Wildlife (Amendment) Act However, as this Appropriate Assessment report deals only the Natura 2000 sites (SACs and SPAs) with reference to the EC Habitats Directive (1992) the NHAs and pnhas within the study area are not considered further. The EU Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds) is the main mechanism for protecting, management and control of bird species and defines rules for their exploitation. According to Article 4 of the Birds Directive species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution. The key element of the Birds Directive is that it provides for the creation of Special Protection Areas (SPAs) to protect Annex I bird species, as well as for regularly occurring migratory species not listed in Annex I. The Birds Directive is implemented in Ireland under the Wildlife Act (1976) and the Wildlife (Amendment) Act (2000). IBE Rev V02

10 1.2 THE APPROPRIATE ASSESSMENT PROCESS Article 6(3) of Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, better known as The Habitats Directive, states that any plan or project likely to have significant effects on a Natura 2000 site must undergo the process of appropriate assessment. Proposed plans or projects can only be approved if it has been ascertained that they will not adversely affect the integrity of the Natura 2000 site(s) concerned or, in the case of a negative assessment where there are no alternative solutions, the scheme can only be approved for reasons of overriding public interest. According to European Commission Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EC (2001) and the provisions of Article 6 of the Habitats Directive 92/43/EEC (commonly referred to as MN2000) 1, the assessment requirements of Article 6 establish a four-staged approach as described below. An important aspect of the process is that the outcome at each successive stage determines whether a further stage in the process is required. Stage 1 Screening for a likely significant effect: An initial assessment of the project or plan impacting on a European site(s). If it cannot be concluded that there will be no significant effect upon a European site, an AA is required. Stage 2 Appropriate Assessment (Natura Impact Statement or NIS): The consideration of the impact on the integrity of the Natura 2000 site of the project or plan, either alone or incombination with other projects of plans, with respect to the site s structure and function and its conservation objectives. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts. Stage 3 Assessment of alternative solutions: The process which examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 site. Stage 4 Assessment where no alternative solutions exist and where adverse impacts remain: An assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed. 1 See IBE Rev V02

11 Each stage determines whether a further stage in the process is required. If, for example, the conclusions at the end of Stage One are that there will be no significant impacts on the Natura 2000 sites, there is no requirement to proceed further Overview of Screening Methodology Thus, the current Screening Report determines whether the project is likely to have significant effects on any Natura 2000 site. A detailed list of all csacs and SPAs within the study area (taking account of sites within a 15km radius, with reference to the zone of influence of the proposal) was compiled and the qualifying interest features for each site identified. Following this, the key environmental conditions (conservation objectives) needed to support site integrity were detailed for each site. According to the NPWS guidance (DEHLG, 2010) the initial Screening stage determines whether Appropriate Assessment is necessary, according to the requirements of Article 6(3) by examining: Whether a plan or project can be excluded from AA requirements because it is directly connected with or necessary to the management of a Natura 2000 site; Whether a plan or project, alone or in combination with other plans and projects, is likely to have significant effects on a Natura 2000 site in view of its conservation objectives; and If the effects are deemed to be significant, potentially significant, or uncertain, or it the screening process becomes overly complicated, then the process must proceed to Stage 2 (AA), which comprises the preparation of a Natura Impact Statement (NIS) to inform the Appropriate Assessment process. Screening for Appropriate Assessment involves the following: Description of plan or project; Identification of relevant Natura 2000 sites, and compilation of information on their qualifying interests and conservation objectives; Assessment of likely effects direct, indirect and cumulative undertaken on the basis of available information as a desk study or field survey or primary research as necessary; with conclusions. IBE Rev V02

12 2 APPROPRIATE ASSESSMENT SCREENING OF THE PROJECT 2.1 PROJECT SETTING AND BACKGROUND Site Location The existing cruise port terminal at Cobh, Co. Cork is managed by the Port of Cork. The Port of Cork are responsible for port operations, navigation and safety within the vicinity of Cork Harbour and carry out maintenance dredging to maintain navigable depths in the port facilities including Cobh. Cork Harbour is a natural harbour and river estuary at the mouth of the River Lee in the south of Ireland with extensive intertidal areas of high ecological value. Cork Harbour is further characterized by a large tidal range, during spring tide up to 23% of the water in the estuary flows to and from the sea twice a day. In summer hardly any fresh water enters the estuary, in the winter the river discharges rise significantly, to up to 65 m 3 of water from the River Lee alone in January. (Van Oord, May 2012) Cobh town is a noted tourist seaport on the south of Great Island in Cork Harbour. Spike Island and Haulbowline Island lie to the south of Cobh, in Cork Harbour. The proposed development site is currently in use as the only dedicated cruise ship terminal in Ireland, as shown in Figure 2.1 below. IBE Rev V02

13 Figure 2.1 Location of the proposed project at Cobh, Co. Cork IBE Rev V02

14 2.1.2 Description of the project The proposed works at Cobh Cruise Berth are intended to provide the facility for the berth to accommodate cruise vessels with an overall length up to 350m (Quantum Class). Currently the berth accommodates vessels up to 341m but larger vessels will require the provision of additional mooring points with a greater mooring load capacity, as shown in Figure 2.2 below and an additional drawing included in Appendix A: Proposed Mooring Bollards Layout and Details ). In order to accommodate a Quantum class vessel three additional mooring points are required at the following locations: Adjacent to the walkway at Five Foot Way Adjacent to the eastern corner of the existing berth Adjacent to the boarding pontoon in front of The Quays pub. At location B1 (Figure 2.2) the mooring structure will comprise a reinforced concrete pile cap immediately in front of the sea wall, supported on isolated piles installed in the seabed in front of the wall and anchored by ground anchors onto land beneath Five Foot Way and the adjoining car park. The top of the structure will be at ground level on the adjacent Five Foot Way. At locations B2 & B3 the mooring structures will comprise isolated dolphins. These will consist of a reinforced concrete pile cap supported on a series of individual piles installed in the seabed. At these locations there will be no work undertaken on existing land. The top level of the structures will be the same as the deck (ground) level at the adjacent quay. A steel access walkway will be provided from the existing quay to the nearest proposed dolphin structure. The construction works will include the following main activities (final details will be subject to detailed design): Piling using both driving and drilling installation methods Installation of ground anchors Precast and in situ reinforced concrete works Miscellaneous civil engineering works There are no coastal modifications, dredging works or disposal of dredged material arising during the works phase as part of the current proposal. IBE Rev V02

15 Figure 2.2 Location and layout of the proposed works at the Cobh Cruise Terminal, Cobh, Co. Cork. IBE Rev V02

16 2.1.3 Desk Study and Consultation In undertaking this Screening Assessment a desk study review of publically available information relevant to the proposal and the Natura 2000 designation within the study area was carried out. This included reporting, mapping and data available from the following: Cork County Council (Cork Co. Co.); National Parks and Wildlife Service (NPWS); Environmental Protection Agency (EPA); and Water Framework Ireland (WFD Ireland); A consultation request to inform the assessment was submitted to the Development Applications Unit of the Department of Arts, Heritage and the Gaeltacht on the 17 th April, No response to this consultation has been received to date. 2.2 SCREENING OF THE NATURA 2000 SITES WITHIN THE STUDY AREA This section provides an assessment of the Natura 2000 sites within the study area of the proposal; a 15km radius has been chosen as a precautionary measure, to ensure that all potentially affected Natura 2000 sites are included in the screening process, which is in line with guidance produced by the Department of the Environment, Heritage and Local Government Appropriate Assessment of Plans and Projects in Ireland Guidance for Planning Authorities (DoEHLG, 2010). Following this guidance the proposed project was examined to establish whether it is likely to give rise to significant adverse effects on any Natura 2000 site or sites. This was based on a preliminary impact assessment using best available information. Data sources included the NPWS Natura 2000 data, the Environmental Protection Agency (EPA) and in particular work undertaken by the Port of Cork with regard to environmental and ecological surveys in the wider study area, associated with the Port of Cork and Ringaskiddy facilities within Cork Harbour Identification of Natura 2000 sites with the study area Two Natura 2000 sites were identified within the 15km radius study area of the proposed development site; both of which are directly associated with the estuarine and transitional habitats of Cork Harbour, these are: IBE Rev V02

17 Great Island Channel csac (01058) located approximately 3.45km to the north of the existing port at Cobh, at its closest point. This Natura 2000 site is designated primarily for intertidal habitats and is separated by a distance of approximately 7km when calculated via the hydrological connection of the inner Cork Harbour. Cork Harbour SPA (04030) this designation includes a series of intertidal areas of importance for wintering waders and waterbirds within the wider Cork Harbour, the closest sections of this site to the proposed development are located approximately 2.44km to the west, 2.69km to the south and 2.92km to the southeast. The location of these designations in relation to the proposed development is presented in Figure 2.3. The NPWS site synopses for these designations are presented for reference in Appendix B Description of the Natura 2000 sites potentially affected by the project The construction and operation phases of the proposal are considered to have the potential for impacts affecting the following designations, taking account of their qualifying interests and conservation objectives: Great Island Channel csac; Cork Harbour SPA. This screening assessment aims to determine whether the impacts identified have the potential to give rise to significant adverse effects on these Natura 2000 sites, in view of their qualifying interests and conservation objectives Great Island Channel csac The Great Island Channel stretches from Little Island to Midleton, with its southern boundary being formed by Great Island. The main habitats of conservation interest are the sheltered tidal sand and mudflats and Atlantic salt meadows, both habitats listed on Annex I of the EU Habitats Directive. Owing to the sheltered conditions, the intertidal flats are composed mainly of soft muds. These muds support a range of macro-invertebrates, notably Macoma balthica, Scrobicularia plana, Hydrobia ulvae, Nepthys hombergi, Nereis diversicolor and Corophium volutator. Green algal species occur on the flats, especially Ulva lactua and Enteromorpha spp. Cordgrass (Spartina spp.) has colonised the intertidal flats in places, especially at Rossleague and Belvelly. The salt marshes are scattered through the site and are all of the estuarine type on mud substrate. Species present include Sea Purslane (Halimione IBE Rev V02

18 portulacoides), Sea Aster (Aster tripolium), Thrift (Armeria maritima), Common Saltmarshgrass (Puccinellia maritima), Sea Plantain (Plantago maritima), Greater Sea-spurry (Spergularia media), Sea Lavender (Limonium humile), Sea Arrowgrass (Triglochin maritimum), Mayweed (Matricaria maritima) and Red Fescue (Festuca rubra). Annex I habitats identified as qualifying interests for this designation and specified in the conservation objectives include: Mudflats and sandflats not covered by seawater at low tide [1140] Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330] It is noted that two further Annex I habitats Spartina swards (Spartinion maritimae) [1320] and Estuaries [1130] are listed on the Natura 2000 standard data form for this site and are also identified as qualifying interests on the NPWS website ( From consultation with the NPWS Site Designations Unit, it is understood that the representativity and relative surface area for these habitats have not been brought forward as conservation objectives for the Natura 2000 site. 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. 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. 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 conservation objectives set out by the NPWS (2011a) are to maintain or restore the favourable conservation condition of the Annex I habitat(s) for which the SAC has been selected, that is Mudflats and sandflats not covered by seawater at low tide [1140] and Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330]. Table 2.1 sets out the conservation status, trends and threats identified with regard to the above Annex I habitats. IBE Rev V02

19 Table 2.1 Summary of the conservation status of the Annex I habitats for which the Great Island Channel SAC (Site Code ) is designated. Qualifying Site Sensitivity 2 Conservation 3 Threats Interest Status / Trends 2 Mudflats and sandflats not covered by seawater at low tide Atlantic salt meadows (Glauco- Puccinellietalia maritimae) Surface and marine water dependent. Moderately sensitive to hydrological change. Moderate sensitivity to pollution. Sensitive to changes in salinity and tidal regime as well as coastal development. Marine and groundwater dependent. Medium sensitivity to hydrological change. Sensitive to changes in salinity and tidal regime as well as overgrazing, erosion and accretion Inadequate Improving (+) Inadequate Stable (=) Pollution to surface waters (limnic & terrestrial, marine & brackish) Fishing and harvesting aquatic resources Bottom culture Hand collection Estuarine and coastal dredging Nautical sports Other outdoor sports and leisure activities Climate Change Intensive cattle/ sheep grazing Paths, tracks, cycling tracks Disposal of household / recreational facility waste Disposal of industrial waste Reclamation of land from sea, estuary or marsh Polderisation Modification of hydrographic functioning, Erosion Invasive non-native species Cork Harbour SPA Cork Harbour is an internationally important wetland site, regularly supporting in excess of 20,000 wintering waterfowl, for which it is amongst the top five sites in the country. Cork Harbour is a large, sheltered bay system, with several river estuaries - principally those of the Rivers Lee, Douglas, Owenboy and Owennacurra. The SPA site comprises most of the main intertidal areas of Cork Harbour, including all of the North Channel, the Douglas River Estuary, inner Lough Mahon, Monkstown Creek, Lough Beg, the Owenboy River Estuary, Whitegate Bay and the Rostellan and Poulnabibe inlets. Owing to the sheltered conditions, the intertidal flats are often muddy in character. Cork Harbour is of major ornithological significance, being of international importance both for the total numbers of wintering birds (i.e. > 20,000) and also for its populations of Black-tailed Godwit and Redshank. In addition, there are at least 18 wintering species that have populations of national importance, as well as a nationally important breeding colony of Common Tern. Several of the species which occur regularly are listed on Annex I of the E.U IBE Rev V02

20 Birds Directive, i.e. Whooper Swan, Golden Plover, Bar-tailed Godwit, Ruff and Common Tern. The site provides both feeding and roosting sites for the various bird species that use it. The E.U. Birds Directive pays particular attention to wetlands and, as these form part of this SPA, the site and its associated waterbirds are of special conservation interest for Wetland & Waterbirds. The special conservation interests listed for this SPA are as follows: Little Grebe (Tachybaptus ruficollis) [A004]; Great Crested Grebe (Podiceps cristatus) [A005]; Cormorant (Phalacrocorax carbo) [A017]; Grey Heron (Ardea cinerea) [A028]; Shelduck (Tadorna tadorna) [A048]; Wigeon (Anas penelope) [A050]; Teal (Anas crecca) [A052]; Pintail (Anas acuta) [A054]; Shoveler (Anas clypeata) [A056]; Red-breasted Merganser (Mergus serrator) [A069]; Oystercatcher (Haematopus ostralegus) [A130]; Golden Plover (Pluvialis apricaria) [A140]; Grey Plover (Pluvialis squatarola) [A141]; Lapwing (Vanellus vanellus) [A142]; Dunlin (Calidris alpina) [A149]; Black-tailed Godwit (Limosa limosa) [A156]; Bar-tailed Godwit (Limosa lapponica) [A157]; Curlew (Numenius arquata) [A160]; Redshank (Tringa totanus) [A162]; Black-headed Gull (Chroicocephalus ridibundus) [A179]; Common Gull (Larus canus) [A182]; Lesser Black-backed Gull (Larus fuscus) [A183]; Common Tern (Sterna hirundo) [A193]; and Wetlands & Waterbirds [A999]. From the results of a seasonal survey undertaken by RPS on behalf of the Port of Cork Port of Cork Bird Surveys Report on 2011 Breeding Season Bird Surveys at Ringaskiddy / Monkstown Creek (RPS, 2012) it was found that Common Terns setting out to forage from nesting colonies within the SPA tend to fly over water, whilst returning birds tend to fly directly to the colony, overland if necessary. Observations, including anecdotal evidence suggest that areas in the vicinity of Cobh and due east of Cobh provide an important foraging area for birds from sub-colonies within the SPA (Port of Cork Deep Water Port/ Pfizer s Golf Course and Martello Tower), to the south of the Cobh Terminal site. Whilst the period between May and July inclusive is the time of year when lowest numbers of wintering waders and waterbirds listed as conservation interests of the SPA are present in the wider study area of Cork Harbour, the RPS (2012) study found that substantial numbers of some species are nevertheless present at this time including Shelduck, Cormorant, Blacktailed Godwit and Curlew. All waterbird and wader species (other than breeding Common Tern, and migratory Sandwich Tern and Whimbrel) are however present in greater numbers at other seasons and it is considered that the period from April to July inclusive, provides the most suitably window in which construction activity in sensitive locations, within the proposed Cobh site can be carried-out with minimal disturbance to birds. IBE Rev V02

21 The conservation objectives of this designation (NPWS, 2011b) are to maintain or restore the favourable conservation condition of the bird species listed as Special Conservation Interests for this SPA ; where these special conservation interests are listed above. 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. Existing threats to the conservation status of the Cork Harbour SPA include extensive areas of estuarine habitat which have been reclaimed since about the 1950s for industrial, port-related and road projects, and further reclamation remains a threat. As Cork Harbour is adjacent to a major urban centre and a major industrial centre, water quality is variable, with the estuary of the River Lee and parts of the Inner Harbour being somewhat eutrophic. However, the polluted conditions may not be having significant impacts on the bird populations. Oil pollution from shipping in Cork Harbour is a general threat IBE Rev V02

22 Cobh Cruise Terminal Upgrade HDA Figure 2.3 Natura 2000 sites located within a 15km radius of the Cobh Cruise Berth Upgrade project IBE Rev V02

23 2.3 IMPACT ASSESSMENT CRITERIA Based on EC (2000) and IEEM Guidelines for Ecological Impact Assessment (IEEM, 2006), impacts are listed as significant if impacts have the potential to have a significant impact on the ecological integrity on the conservation objectives (i.e. the habitats and species for which the site is designated), or on the overall integrity of the Natura 2000 site itself. The approach to assessing the significance of impacts in the IEEM guidelines (2006) states that the significance of an impact is defined as an impact (negative or positive) on the integrity of a defined site or ecosystem and/or the conservation status of habitats or species within a given geographical area. Definitions of integrity and conservation status are provided in the IEEM guidelines. If an ecological feature is likely to experience a significant negative impact, the consequences of that impact will depend on the level at which the ecological feature is valued. Typically in Appropriate Assessment only features of international importance are considered as it is these features (Annex I habitats and Annex II species under the Habitats Directive and Annex I bird species under the Birds Directive) that Natura 2000 sites are designed for. Once an impact is deemed to be significant on the basis of effects on integrity and/or conservation status, then the value of the ecological feature that will be significantly affected is used to identify the geographical scale at which the impact is significant. Impacts are not always significant at the level at which the ecological feature has been valued and may be significant at a lower geographical frame of reference. For example, a particular impact may not be considered likely to have a negative effect on the overall integrity or conservation status of a species which is considered to be internationally important. However it may be considered that there would be an impact at the local population scale on this internationally important species. In this case the impact on an internationally important species is considered to be significant at only a local scale, rather than an international scale. The IEEM guidelines (2006) have been followed for determining likelihood of impacts occurring. This provides the following four categories, based on the fact that the 5% confidence level is conventionally chosen as the lowest limit for acceptable statistical significance: Certain/near-Certain: probability estimated at 95% chance or higher. Probable: probability estimated 50% to 95%. Unlikely: probability estimated 5% to 50% Extremely Unlikely: probability estimated at less than 5%. IBE Rev V02

24 2.3.1 Potential Direct Impacts Affecting Natura 2000 Designations The proposed development is not located within or directly adjacent to any designated Natura 2000 site; there are therefore no pathways by which direct impacts may arise from the construction and operation of the proposed development Potential Indirect Impacts Affecting Natura 2000 Designations The potential for indirect impacts are identified with regard to hydrological pathways between the proposed development site and the Great Island Channel csac and the Cork Harbour SPA. Therefore the potential for significant indirect impacts affecting habitat loss, severance, modification and pollution within the csac and SPA designations located at a distance from but within the Cork Harbour waterbody are evaluated. The potential for noise, disturbance and emissions to air affecting the habitats and fauna listed as qualifying interests and special conservation interests of the csac and SPA sites respectively, are also examined with reference to the construction and operational phase of the proposal Potential indirect impacts affecting water quality The construction phase of the proposed development will include the installation of piles in the seabed adjacent to the existing seawall and isolated dolphins which will be secured to the seabed by individual piles. These piles will be installed by direct driving and drilling. There is associated pre-cast and in-situ reinforced concrete works required to anchor the mooring structures. Both piling and concreting activities have the potential to give rise to water quality impacts affecting the marine biological communities within the direct footprint of the proposed works arising from increase suspended solids or accidental spillages of concrete. The dilution factor identified within the Cork Harbour waterbody is considered to be of significant size, capable of assimilating any such water quality impacts arising from the above works. This would preclude any likelihood of significant adverse effects on the Annex I habitats for which the Great Island Channel csac is designated. Similarly there are no impacts identified in this regard potentially affecting the intertidal wetland habitats listed as a special conservation interest of the Cork Harbour SPA. Taking account of the distance between the proposed works area and the bird species listed as conservation interests of the site and the scale of the proposed works with reference to the dilution factor available within the Cork Harbour waterbody it is considered that there is no potential for significant adverse effects on the Cork Harbour SPA arising with regard to water quality impacts. IBE Rev V02

25 Potential indirect impacts arising from disturbance With cognisance of the existing port facility at Cobh and the significant distance separating the proposed development site and the Great Island Channel csac it is considered that there will be no indirect impacts arising during the construction and operational phase of the proposed development that would have the potential to give rise to significant disturbance impacts affecting the Annex I mudflat / sandflat and saltmarsh habitats for which this site is designated. There are no significant hydrological or hydrogeomorphological impacts arising from the proposal which would have the potential to affect the tidal regime, flood level or indirect habitat loss or disturbance within these Annex I habitats. The bird species listed as special conservation interests of the Cork Harbour SPA and the wetland habitats supporting these species are located at distances of approximately 2.44km to the west, 2.69km to the south and 2.92km to the southeast. Taking account of the existing port facilities operational at the Cobh port site and the distance of separation, with further reference to the limited size and scale of the proposed works, there are no construction or operational phase impacts identified that would have the potential for significant adverse effects on the SPA taking account of the special conservation interests and conservation objectives of this Natura 2000 site. The Port of Cork to the southwest of the proposed works at Cobh Terminal is identified as an important Common Term breeding site, a species listed as a special conservation interest of the SPA (RPS, 2012). Breeding terns are subject to extraordinarily high levels of man-made noise and visual disturbance to which they appear to be entirely habituated. Loud irregular noise from human sources and movement of machinery, vehicles and people close-by is a near-constant feature of the site. Sources include road traffic within 100m, including a high proportion of trucks and other large commercial vehicles many of which are stopping and starting, revving engines and using air brakes; port activity including mass bulk handling within 200m; pedestrians and regular human voices within 100m (for example at the Deep Water Port security desk) and the regular docking of very large ocean going passenger ferries within 30m of the dolphins and on rare but regular occasions, directly up against the dolphins themselves (RPS, 2012). Sensitive qualifying interests of these Natura 2000 designations do not occur within the development site or in close proximity to the development, i.e. within the zone of influence, within the wider study area. The qualifying interests of the csac and conservation interests of the SPA within the study area are evaluated as being habituated to the background noise / disturbance levels. IBE Rev V02

26 2.3.3 Potential Cumulative or In-Combination Impacts Affecting Natura 2000 Designations Ringaskiddy Redevelopment Plans The Port of Cork have submitted an application to An Bord Pleanála (May, 2014) in relation to proposed redevelopment plans for Ringaskiddy, Co. Cork. The proposed developments under consideration form an extension to the existing facilities that Port of Cork currently operates at Ringaskiddy; this development is being considered in four key areas: 1. At Ringaskiddy East, where works will comprise of: A multi-purpose berth that will be capable of accommodating vessels carrying a range of different cargoes including containers, unaccompanied Roll On Roll Off freight and general cargoes; An additional 200 metres long berth which will be used for port container traffic; A new container yard and marshalling area; 2. At Ringaskiddy West, where works will comprise of: A 180 metre extension to the existing Deepwater Berth; Dredging works to facilitate navigational access to the new facilities 3. At Paddy s Point, where a new public slipway is being constructed, new planting and landscaping is being provided in a new public amenity area and new pedestrian circulation routes, will be introduced. 4. Improvements to the existing road entrance at the Ringaskiddy Deep-water Terminal and internal road upgrades to improve connectivity to the remainder of the port complex and facilitate future connection to a new upgraded N28 both east and west of Ringaskiddy Village. The above elements of the proposed redevelopment have been examined in a comprehensive EIS and Appropriate Assessment reporting (Natura Impact Statement) prepared by RPS on behalf of the Port of Cork. The baseline surveys, impact assessment and conclusions of reporting to inform the above project proposals have been examined in preparing the current cumulative and in-combination impact assessment. IBE Rev V02

27 Port of Cork Maintenance Dredging Proposals have been prepared for undertaking maintenance dredging works associated with the Port of Cork facility, within the Cork Harbour Channel. The proposals for the Port of Cork maintenance dredging have been subject to separate Screening for Appropriate Assessment, the conclusions of which found that all of the potential impacts identified will be avoided with the correct implementation of the proposed mitigation measures. Furthermore no significant residual negative impacts on any of the conservation objectives of any Natura 2000 sites were identified. Cobh Sailing Club Marina Cove Sailing Club proposes to develop a 74 berth marina at White Point, Cobh, Co. Cork which lies immediately west of the Cobh Cruise Terminal proposal. The marina will be an all tide access marina in Cork Harbour with all marina components comprising floating pontoons. Access to the marine will be via a fixed platform and gangway extending from the quay wall at the five foot way. The marine will be restrained in position with a chain and anchor system with no planned associated dredging. A Natura Impact Statement and Appropriate Assessment Screening was prepared by Moore Group Environmental Services for Cronin Millar Consulting Engineers on behalf of Cove Sailing Club. The conclusions from this assessment indicated that given the relatively small footprint area of the proposed development and the proposed use of point anchoring, there would be no significant impact on the adjacent Cork Harbour SPA or Great Island Channel SAC. Therefore a finding of no significant effect was documented in the Appropriate Assessment Screening Report. Proposal by Harbour Ferries Ltd Harbour Ferries Limited have a permitted proposal in place for a docking station (pontoon with gangway) for the Harbour Cat Ferry close to the Cobh Deep Water Quay. There is considerable support in planning policy for the Harbour Ferries project, and the potential benefits it could offer as an alternate mode of transport, greater coastal connectivity, and linkages along the coastline. This is an extant planning approval which would intimate that this proposal is still active and deliverable on the ground. There was no AA screening carried out at the time of planning for the Harbour Cat Ferry proposal. For the purposes of assessing the in-combination impact of the Harbour Cat proposal and the proposed new mooring dolphins at the Cobh Terminal, it is envisaged that there will not be any incombination impact. IBE Rev V02

28 Seaplane Berthing Facilities Harbour Flights Ireland submitted a planning application in 2010 which was granted for a commercial and charter seaplane service in Ireland with a proposed site for the landing pontoon in Cobh adjacent to the Quays Bar & Restaurant, Westbourne Place. The installation will comprise of a 5m wide berthing pontoon connected to the existing pontoon at the site and access will be provided by 1m wide gangway which is currently in place. The Appropriate Assessment Screening Report which accompanied the planning application concluded that there will be no direct impact or loss of habitat within the Cork Harbour SPA as the proposed developed is outside of the SPA. There will be no impacts on any of the qualifying interests for the SPA or on the integrity of the site. The proposed landing and takeoff area is sufficiently distant from the surrounding areas of the SPA as not to cause a disturbance to wintering waders and waterfowl occupying these primarily intertidal zones. The taxiing, take-off or landing of seaplanes may results in a localised disturbance to birds in open water but this will constitute a very limited spatial effect and be of no greater significance than the regular passage of vessels with Cork Harbour. No impacts are anticipated on either grey or common seal as a result of the operation of the proposed development. There will be no impacts from the proposed development on water quality or on the hydrology of the designated areas. On the basis of the findings of the screening stage it was concluded that there will be no potential impact on the qualifying interests or the integrity of either Natura 2000 site and therefore no requirement to proceed to Stage 23: Natura Impact Assessment Conclusion The proposed development has been evaluated with regard to the potential for direct and indirect impacts affecting the Great Island Channel csac and the Cork Harbour SPA. Taking account of the location of the proposed development outside of and at a distance from any Natura 2000 designation; with cognisance of the size and scale of the proposal in the context of existing shipping activity within the overall Cork Harbour marine and transitional water body; and in the absence of sensitive receptors designated within either the SAC or SPA occurring within the study area; it is evaluated that there would be no potential for in-combination impacts affecting the conservation objectives or qualifying interests of these designations. No other pathways have been identified by which any element of the proposed project could have a significant in combination effects on any of the Natura 2000 sites. Table 2.1 identifies the potential direct, indirect and secondary impacts of the proposal on the Natura 2000 sites which have been evaluated and screened for potential effects. IBE Rev V02