N56 Coolboy to Kilmacrennan Road Realignment Scheme NATURA IMPACT STATEMENT

Transcription

1 N56 Coolboy to Kilmacrennan Road Realignment Scheme NATURA IMPACT STATEMENT May 2014

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3 , Co. Donegal NATURA IMPACT STATEMENT TABLE OF CONTENTS 1. INTRODUCTION Introduction Determination of Requirement for Appropriate Assessment The Habitats Directive: Requirement for Assessment under Article The Aim of this Report THE APPROPRIATE ASSESSMENT PROCESS GUIDANCE AND REPORT FORMAT Guidance Report Format DESCRIPTION OF THE PROJECT NATURA 2000 SITES Identifying the Natura 2000 Sites to be Considered in the Assessment Favourable Conservation Status Natura 2000 SItes Characteristics and Conservation Objectives of the Natura 2000 Sites RECEIVING ENVIRONMENT Consultation Receiving Environment ASSESSMENT OF LIKELY EFFECTS: STAGE 1 SCREENING Impact Categories Identification of Potential Effects Screening Conclusion ASSESSMENT OF LIKELY EFFECTS: STAGE 2 APPROPRIATE ASSESSMENT Consideration of Significant Effect and Site Integrity Review of Potential Impacts Stage 2 Appropriate Assessment and Mitigation Requirements MITIGATION MEASURES CONSIDERATION OF POTENTIAL IN-COMBINATION EFFECTS CONCLUSION REFERENCES APPENDICES APPENDIX 1: Donegal County Council Screening Determination APPENDIX 2: NPWS Site Synopses APPENDIX 3: Figures Ref: NIS May 2014 Page i

4 1. INTRODUCTION 1.1 Introduction This has been prepared by Andrew Warwick (MCIEEM) of Roughan & O Donovan to determine the potential effects, if any, of the proposed Project on sites with European conservation designations (i.e. Natura 2000 sites). The purpose of this assessment is to determine the appropriateness, or otherwise, of the proposed scheme in the context of the conservation status of such sites. A site location plan (Figure 1) is included in Appendix Determination of Requirement for Appropriate Assessment The detailed design of the scheme identified the need for a revised drainage design which includes drainage measures in Kilmacrennan which discharge to the Leannan River. The Leannan River is an SAC for which the qualifying interests include Freshwater Pearl Mussel. As a consequence of the construction of the drainage measures in close proximity to the Leannan River, in association with the sensitivity of Freshwater Pearl Mussel, Donegal County Council, in accordance with Article 250(2) of the Planning and Development Regulations, determined that an Appropriate Assessment was required. The Determination and Screening Recommendation made by Donegal County Council are available in Appendix 1. This provides the information to undertake Stage 1: Screening and Stage 2: Natura Impact Assessment. The Stage 1: Screening assessment confirms the conclusion reached by Donegal County Council that Stage 2: Natura Impact Assessment is required. 1.3 The Habitats Directive: Requirement for Assessment under Article 6 The Directive 92/43/EEC on the conservation of Natural Habitats and Wild Flora and Fauna the Habitats Directive provides legal protection for habitats and species of European importance. Article 2 of the Habitats Directive requires the maintenance or restoration of habitats and species of interest to the EU in a favourable condition. Article 6(3) establishes the requirement for Appropriate Assessment: Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site s conservation objectives. In light of the conclusions of the assessment of the implications for the site and 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 The Habitats Directive is transposed in Ireland by the European Communities (Birds and Natural Habitats) Regulations, 2011 (consolidating the European Communities (Natural Habitats) Regulations 1997 to 2005 and the European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010, as well as addressing transposition failures identified in recent CJEU Judgements (hereafter referred to as the Habitats Regulations)) and the Planning and Development (Amendment) Act, Ref: NIS May 2014 Page 1

5 1.4 The Aim of this Report This Habitats Directive Assessment has been prepared in accordance with current guidance. It provides the information required in order to establish whether or not the proposed development, individually or in combination with other plans or projects, would be likely to have a significant effect on any Natura 2000 sites in view of their conservation objectives and specifically on the habitats and species for which the Natura 2000 sites have been designated. Ref: NIS May 2014 Page 2

6 2. THE APPROPRIATE ASSESSMENT PROCESS The European Commission Methodological guidance on the provision of Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC recommends a four stage approach in carrying out an Appropriate Assessment as follows: Stage 1 Screening: Determines whether a plan or project, either alone or in combination with other plans or projects, is likely to have a significant effect upon a Natura 2000 site. If the screening process identifies effects to be significant, potentially significant or uncertain, or if the screening process becomes overly complicated, then the process must proceed to Stage 2. Screening is undertaken without the inclusion of mitigation, unless potential impacts clearly can be avoided though the modification or redesign of the plan or project, in which case the screening process is repeated on the altered plan or project. Stage 2 Natura Impact Assessment: Considers the impact on the integrity of the Natura 2000 sites of the project or plan either alone or in combination with other plans or projects with respect to the site s structure and function and its conservation objectives. Additionally, where there are adverse impacts, it assesses the potential mitigation of those impacts; Stage 3 Assessment of Alternative Solutions: Examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 sites; Stage 4 Assessment where no Alternative Solutions Exist and where Adverse Impacts Remain: Assesses compensatory measures where in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the plan or project should proceed. Each stage determines whether the next stage in the process is required, If for example, it is concluded that at the end of Stage 1 there will be no significant impacts on the Natura 2000 sites, there is no requirement to proceed to Stage GUIDANCE AND REPORT FORMAT 3.1 Guidance Article 6(3) of the EU Habitats Directive (92/43/EEC) defines the requirement for Appropriate Assessment of certain plans and projects. In order to inform the requirements of this Screening Report reference has been made to the following guidance documents: Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities. (Department of Environment, Heritage and Local Government, 2010 revision); Appropriate Assessment under Article 6 of the Habitats Directive: Guidance for Planning Authorities. Circular NPWS 1/10 & PSSP 2/10; Ref: NIS May 2014 Page 3

7 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; Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitat s Directive 92/43/EEC (EC Environment Directorate-General, 2000);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 European Commission (European Commission, January 2007). 3.2 Report Format The Department of Environment, Heritage & Local Government s publication Appropriate Assessment of Plans and Projects in Ireland: Guidance for Local Authorities (revision 10/02/10) states that Screening for Appropriate Assessment includes the following steps: 1. Description of plan or project, and local site or plan area characteristics. 2. Identification of relevant Natura 2000 sites, and compilation of information on their qualifying interests and conservation objectives. 3. 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. 4. Screening statement with conclusions. In complying with the obligations under Article 6(3) and to be consistent with the Guidance for Planning Authorities, this report has been structured as follows: Description of the Project; Identification of Natura 2000 sites, and the associated Conservation Objectives, which may be potentially affected; Receiving Environment; Assessment of Likely Effects Stage 1: Screening; Assessment of Likely Effects Stage 2: Natura Impact Assessment; Mitigation Measures; Consideration of Potential In-Combination Effects Conclusion. Ref: NIS May 2014 Page 4

8 4. DESCRIPTION OF THE PROJECT The section of the existing N56 from the end of the recently completed Mountaintop to Illistrin project to Kilmacrennan village has been identified as needing urgent improvement. The road alignment falls substantially short of normal national roads standards. The section at the Coolboy end (known locally as the Blue Banks) is particularly poor comprising of tight bends and steep gradients. The road is narrow (approx. 5.5m 6.0m wide) and restricted visually, both on the N56 and at junctions/accesses. Roadside development is extensive and in some instances this development is located very close to the road edge. Photo 4.1 Existing N56 Photo 4.2 The Blue Banks Ref: NIS May 2014 Page 5

9 The proposed project involves the improvement of approximately 3.0km of the N56 from the end of the Mountaintop to Illistrin project to the speed limits in Kilmacrennan village (refer Figure 1 in Appendix 3). The new road will be developed to Reduced Single Carriageway standard (2 x 3.5m lanes, 2 x 0.5m hard strips and 2 x 2.5m verges). The project consists of some online widening and where necessary off-line works have been developed to address particularly problematic sections. The design has been developed to a design speed of 100kph and has ensured that adequate visibility is provided at all access points. Where necessary verges have been widened to provide this visibility and in some cases accesses have been re-located to achieve the minimum visibility standards. The proposed alignment is illustrated on Figures 2 and 3 in Appendix 3. Peat Disposal Peat excavated during the construction of the scheme will be disposed of in an identified peat disposal area. The peat disposal area is located between chainage 1100 and1500 (refer Figure 2, field to the south of existing alignment). The peat disposal area has been designed to ensure that there will be no impact on surrounding water bodies. The followings conditions shall be applied to the peat disposal area: Existing vegetation on deposition areas shall be left in place; Existing land drains shall be blocked up and sealed; A setback of at least 5m is to be maintained from the existing watercourses with a bund constructed to contain the deposited material; A silt fence shall be installed at least 1m from the watercourse before deposition works commence and shall be maintained in place until vegetation has re-established; Material Deposition Areas will be provided with a runoff collection and treatment system. This will consist of a shallow drain around the perimeter at ground level (approx.1m wide by 0.7m deep). The surface of the deposit area will be shaped to drain towards the perimeter drain and shallow surface drains will be installed to accommodate this. The perimeter drain will be directed to discharge via a settlement pond (or other treatment system) prior to discharge to the watercourse. The treatment systems will remain in place until vegetation has been re-established; The material in each deposit area will be retained either by natural contours of the ground or by bunds constructed from suitable material of adequate engineering properties. All bunds will be extended 500mm above fill level and where natural contours provide containment a similar allowance will be provided.; The settlement system will be designed to facilitate settlement of suspended solids. It will provide 24hours settlement time for the 1 in 100 year 1 hour rainfall event and will include control devices, at the discharge from the swale and from the pond, to ensure this is achieved. Extreme weather events will be accommodated within the deposit areas by the 500mm freeboard allowed in the bund design and will discharge via the settlement ponds once the event has subsided; Material Deposition Areas will be monitored following completion of the filling operations and the results of the monitoring will be made available to the NPWS and IFI. Where the results indicate that any further remedial or other Ref: NIS May 2014 Page 6

10 measures are required then these shall be carried out following consultation with IFI and NPWS. Drainage Design The drainage design proposed for the scheme has been specifically developed with the acknowledgement of the sensitivity of the local catchment and to comply with the principle of SUDS. The design incorporates the following measures: Sedimentation Control (by means of gully pots, catch pits, sedimentation tanks or other devices); Hydrocarbon(Petrol/oil) Interceptors; Balancing Ponds; and Open vegetative channels. The design specifically includes petrol interceptors upstream of the three outfalls and an attenuation/pollution treatment pond in Kilmacrennan to provide additional treatment above the outfall discharging to the Leannan River. The Drainage Design is presented on Figures 4 and 5 in Appendix 3. The design detail of the attenuation / treatment pond is presented in Plate 4.1. Ref: NIS May 2014 Page 7

11 Plate 4.1: Attenuation Pond design detail Ref: NIS May 2014 Page 8

12 5. NATURA 2000 SITES 5.1 Identifying the Natura 2000 Sites to be Considered in the Assessment Section of the DoEHLG (2010) Guidance for Planning Authorities states that the approach to screening can be different for different plans and projects and will depend on the scale and the likely effects of the project. The guidance states that the assessment should include: Any Natura 2000 site within or adjacent to the plan or project area; and Any Natura 2000 site within the potential zone of impact of the plan or project. For a construction project of this nature and scale the likely zone of potential direct impact is considered to be the zone immediately around the construction site (a radius of 250m is considered reasonable in this instance). Outside of this zone of potential direct impact there must be a source pathway receptor link, such as a watercourse or river, connecting the project with the Natura 2000 site for an indirect impact to occur. 5.2 Favourable Conservation Status The overall aim of the Habitats Directive is to maintain or restore the favourable conservation status of habitats and species of community interest. These habitats and species are listed in the Habitats and Birds Directives and Special Areas of Conservation and Special Protection Areas are designated to afford protection to the most vulnerable of them. These two designations are collectively known as the Natura 2000 network. 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. A site specific conservation objective aims to define favourable conservation condition for a particular habitat or species at that site. The habitats and species for which an SAC or SPA has been selected are generally referred to as the Qualifying Interests of that Site. Favourable conservation status of a habitat is achieved when: its natural range, and area it covers within that range, are stable or increasing, and the specific structure and functions which are necessary for its long term maintenance exist; and are likely to continue to exist for the foreseeable future, and the conservation status of its typical species is favourable. The favourable conservation status of a species is achieved when: population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and Ref: NIS May 2014 Page 9

13 there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long term basis. 5.3 Natura 2000 SItes A review of the National Parks and Wildlife Service database has identified the following sites within the potential zone of impact: Leannan River SAC (Site code ); and Lough Fern SPA (Site code ). The Leannan River SAC and Lough Fern SPA are presented on Figure 1 in Appendix 3. The Leannan River flows from Lough Gartan in a north-easterly direction, through Kilmacrennan and Lough Fern entering the sea at Rathmelton (Lough Swilly). The project is indirectly connected to the Leannan River by the road drainage system. The proposed drainage design includes three outfalls each of which is within the catchment of the Leannan River. In Kilmacrennan the site of the proposed attenuation pond is within 75m of the Leannan River and the final outfall is to the river within an existing field drain (refer Figure 5, Appendix 3). In addition the realignment crosses two watercourses which are utilised as outfalls (refer culvert locations on Figure 4, Appendix 3 - chainage 500 and chainage 1090). These two watercourses are both part of the Glashagh River System and are over 5km upstream of the Leannan River SAC. As the project is hydrologically linked to the Leannan River SAC and by association Lough Fern SPA these sites are brought forward for assessment. Lough Swilly SAC / SPA (site codes / ) is approximately 15km downstream of Kilmacrennan and hydrologically connected by the Leannan River. Although the distance and dilution factors involved suggest that this site is not within the potential zone of impact for completeness it is brought forward for assessment. Photo 5.1: Leannan River (2.5km downstream of Kilmacrennan) Ref: NIS May 2014 Page 10

14 5.4 Characteristics and Conservation Objectives of the Natura 2000 Sites Leannan River SAC This site comprises the River Leannan and its main tributaries and lakes including Loughs Fern, Gartan and Akibbon. The river from source to sea measures 46km and drains a catchment area of 282 square km. The Leannan River flows from Lough Gartan in a north-easterly direction, passes through Lough Fern, and then onwards in an easterly direction through the town of Rathmelton and into Lough Swilly. The main tributaries within the site are the Lower Glashagh and Lurgy. The site is a candidate SAC selected for lowland oligotrophic lakes, a habitat listed on Annex I of the E.U. Habitats Directive. The site is also selected for the following species listed on Annex II of the same directive - Freshwater Pearl Mussel, Atlantic Salmon, Otter and the plant, Slender Naiad. The river has good water quality and its banks are fringed more or less continuously by deciduous woodland. The adjacent habitat is mainly wet grassland which has been improved to varying degrees for grazing. There is also a good scattering of woodland, mostly deciduous, in the area. Gartan Lough and Lough Akibbon are excellent examples of lowland oligotrophic lakes of sandy plains. For further information refer to the NPWS Site Synopses (Appendix 2). Conservation Objectives: Objective: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and/or the Annex II species for which the SAC has been selected: Freshwater pearl mussel (Margaritifera margaritifera) [1029] Salmon (Salmo salar) (only in fresh water) [1106] Otter (Lutra lutra) [1355] Slender Naiad (Najas flexilis) [1833] Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) [3110] Lough Fern SPA Lough Fern is a relatively small lake with a maximum length of 2.5km. The lake lies on the Leannan River and is underlain by metamorphic rocks (schist, gneiss and quartzite). It is a shallow system, with a maximum depth of 2.5m. The water is soft though it is not markedly coloured; the lake is classified as mesotrophic. Lough Fern is of ornithological importance for wintering waterfowl and particularly diving duck. Whilst bird counts at the site extend back to the 1970s, these have been irregular and there have been few in recent years. Based on information from the 1990s, it seems that Pochard has a population of national importance (average of 671 individuals), with good numbers also of Tufted Duck (average of 213). Other species that occur include Goldeneye (9), Coot (48), Whooper Swan (20-30), and small numbers of dabbling ducks such as Wigeon and Mallard. Little Grebe and Water Rail are resident species. It appears that numbers of the main species fluctuate widely, suggesting that the lake may be an important temporary refuge when birds are displaced from other sites. Ref: NIS May 2014 Page 11

15 Lough Fern is of ornithological importance as it supports a nationally important population of Pochard. The occurrence of Whooper Swan, albeit in small numbers, is of note as this species is listed on Annex I of the E.U. Birds Directive. The main threat to the site is of water pollution due to agricultural intensification and/or afforestation in the catchment. An increase in the trophic status of the lake could have adverse impacts on the wintering bird populations. Improvement of the marginal habitats above the lakeshore could affect some of the bird species that use these areas for feeding. For further information refer to the NPWS Site Synopses (Appendix 2). Conservation Objectives: Objective: To maintain or restore the favourable conservation condition of the bird species listed as Special Conservation Interests of this SPA: Pochard (Aythya ferina) (wintering) Wetlands Lough Swilly SAC / SPA Lough Swilly is a long sea-lough located approximately 10km east / 15km downstream of the proposed scheme. The designated site comprises the inner part of Lough Swilly and is estuarine in character with shallow water and intertidal sand and mud flats being the dominant habitats. The main rivers flowing into the site are the Swilly, Lennan and Crana. At low tide, extensive sand and mud flats are exposed, especially at the mouths of the Swilly and Leannan rivers. The SAC is designated for four habitats (estuaries, coastal lagoons, atlantic salt meadows and old sessile oak wood) and one species (Otter). The SPA is designated for the following populations of overwintering wildfowl and breeding seabirds: Great Crested Grebe Podiceps cristatus wintering Grey Heron Ardea cinerea wintering Whooper Swan Cygnus cygnus wintering Greylag Goose Anser anser wintering Shelduck Tadorna tadorna wintering Wigeon Anas penelope wintering Teal Anas crecca wintering Mallard Anas platyrhynchos wintering Shoveler Anas clypeata wintering Scaup Aythya marila wintering Goldeneye Bucephala clangula wintering Red breasted Merganser Mergus serrator wintering Coot Fulica atra wintering Oystercatcher Haematopus ostralegus wintering Knot Calidris canutus wintering Dunlin Calidris alpina wintering Ref: NIS May 2014 Page 12

16 19 Curlew Numenius arquata wintering Redshank Tringa totanus wintering Greenshank Tringa nebularia wintering Black headed Gull Chroicocephalus ridibundus breeding Common Gull Larus canus wintering Sandwich Tern Sterna sandvicensis breeding Common Tern Sterna hirundo breeding Greenland White fronted goose Anser albifrons flavirostris wintering. Ref: NIS May 2014 Page 13

17 6. RECEIVING ENVIRONMENT 6.1 Consultation A consultation exercise was undertaken. The following is a summary of the findings: National Parks and Wildlife Service No formal response was received from Development Applications Unit of the Department of Arts, Heritage and the Gaeltacht. This formal application was followed up by with the local NPWS staff. No specific concerns were identified but it was highlighted that Lamprey species have been recorded in the Leannan River. Inland Fisheries Ireland (IFI) The response from Inland Fisheries Ireland stated that the two minor watercourse crossings are both part of the Glashagh River system and that salmonid spawning and nursery habitat does occur in this system but downstream of the crossings. The following guidance and publications were highlighted: Fishery Guidelines for Local Authority Works; Sustainable Drainage Systems; Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites. Freshwater Pearl Mussel Project The Freshwater Pearl Mussel Project confirmed that Freshwater Pearl Mussel do occur in the Leannan River above and below Kilmacrennan. 6.2 Receiving Environment An Environmental Impact Report (EIR) has been completed for the project. Chapter 5 of the EIR includes a full Ecological Impact Assessment for the proposed road realignment project..this chapter identifies and assesses the potential impact on the habitats and protected species present in the local area. The findings of the ecological assessment which are of relevance to this Appropriate Assessment are summarised below: The realignment project will have no direct impact on any designated site; The closest designated site is the Leannan River SAC. It is located 75m from the site of the proposed attenuation/treatment pond (refer Figure 3, Appendix 3). The outfall from the attenuation pond will discharge to the Leannan River via an existing open field drain (refer Photo 6.1 below); ; The habitat present at the site of the attenuation/treatment pond is species poor, rush dominated wet grassland of negligible nature conservation value (refer Photo 6.2 below). The realignment project crosses two minor watercourses (chainage and 1+090). Both watercourses are utilised as outfalls. The crossing point of both watercourses is over 5km upstream of the Leannan River SAC. Neither watercourse holds salmonid habitat at the crossing locations or in the immediate vicinity downstream. Both watercourses are effected by cattle access (refer Photo 6.3). Design of the peat disposal area ensures no silt/peat laden runoff will enter the local watercourse into which it discharges;and Ref: NIS May 2014 Page 14

18 No otter field signs (tracks, spraints, slides, or holts) were recorded on either of the minor watercourses or the Leannan River adjacent to the site of the attenuation pond. It is concluded that there will be no impact on the local otter population. Photograph 6.1: Existing field drain Photograph 6.2: Site of attenuation pond (chainage 3100) Photograph 6.3: Livestock access (Chainage 1+050) Ref: NIS May 2014 Page 15

19 7. ASSESSMENT OF LIKELY EFFECTS: STAGE 1 SCREENING 7.1 Impact Categories In practice and as outlined in the EU document 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 and the national guidance document Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities, impacts that could potentially occur through the implementation of a project can be categorised under a number of headings: Impact on Annex 1 habitat; Loss / reduction of habitat area; Direct or indirect damage to the physical quality of the environment (eg water quality, hydrology and water flow alteration, soil compaction, etc.); Causing serious or ongoing disturbance to species or habitats for which the site is selected (eg noise, illumination, human activity); Causing direct or indirect damage to the size, characteristics or reproductive ability of populations of Natura 2000 site; Fragmentation of habitats or populations of species due to the location of development. The impact type which can occur is dependent on the attributes of the Qualifying Interest (habitats and species) for which the Natura 2000 site is designated. The initial assessment of significance should be carried out without any consideration of mitigation. 7.2 Identification of Potential Effects Review of Potential Operational and Construction Impacts There is no direct impact on either the Leannan River SAC, Lough Fern SPA or Lough Swilly SAC/SPA or their associated habitats and species. The sites are however hydrologically linked to the proposed scheme by the drainage design and proposed outfalls. As detailed above the Leannan River SAC flows through Kilmacrennan. The proposed drainage design includes three outfalls each of which are within the Leannan River catchment. In Kilmacrennan the site of the attenuation and treatment pond, to the south west of chainage 3+100, is approximately 75m from the Leannan River. The attenuation pond is located outside of the 1:100 year flood zone (refer Figure 5, Appendix 3). At operation the outfall from the attenuation pond will discharge to an existing open field drain (acting as a swale and providing further treatment) which travels approximately 150m before entering the river. The proposed scheme also crosses two watercourses which are utilised as outfalls (refer culvert locations on Figure 4, Appendix 3 refer chainage 500 and chainage 1090). These two watercourses are both part of the Glashagh River System and are over 5km upstream of the Leannan River SAC. The Leannan River flows into Lough Fern (Lough Fern SPA) approximately 3km downstream of Kilmacrennan, and subsequently into Lough Swilly at Rathmelton a further 12 km downstream. Ref: NIS May 2014 Page 16

20 Potential Operational Impacts The Qualifying Interest features (habitats and species) for both the Leannan River SAC and Lough Fern SPA are primarily aquatic or aquatic in nature. Lough Swilly is connected by the Leannan River. The only potential impact the operational scheme could have on these Natura 2000 sites is indirect and relates to the potential for the scheme to have a detrimental impact on the water quality of the receiving catchment (the Leannan River and associated watercourses and loughs). The drainage design proposed for the realignment includes petrol interceptors upstream of every outfall and a petrol interceptor, attenuation/treatment pond and open ditch (swale) above the Leannan River. The attenuation pond will be planted to provide additional treatment. The petrol interceptors will also include a penstock to restrict outfall to the receiving channel in the event of an accidental spillage. These design measures provide a substantial improvement on the existing situation and therefore at operation the proposed scheme has only a positive impact on the receiving water quality and hence on the Leannan River SAC and by association Lough Fern and Lough Swilly. Potential Construction Impacts The primary risk to receiving watercourses during the construction of road schemes is siltation. A significant increase in the sediment loading of watercourses can cause direct mortality of fish by clogging gills and smother salmonid spawning beds. In the longer term elevated suspended solids can also impact aquatic habitats smothering vegetation. Other significant contaminants which can impact watercourses during road construction include hydrocarbons and concrete / cement based products. The Leannan River is designated for a number of species which are highly susceptible to a deterioration in water quality; of note in this instance is Freshwater Pearl Mussel. As the proposed scheme is hydrologically linked to the Leannan River the potential for construction impacts to arise during the construction phase cannot be ruled out. These are examined in more detail for each Natura 2000 Site and their Qualifying Interest features below: Leannan River SAC The Leannan River is selected for: Freshwater pearl mussel (Margaritifera margaritifera) [1029] Salmon (Salmo salar) (only in fresh water) [1106] Otter (Lutra lutra) [1355] Slender Naiad (Najas flexilis) [1833] Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) [3110] The site synopsis (refer Appendix 2) notes the main threats to the site as being pearl fishing and water quality deterioration as a consequence of potential agricultural intensification Margaritifera margaritifera (Freshwater Pearl Mussel) The Freshwater Pearl Mussel Project has confirmed that there are mussels present in the Leannan River both upstream and downstream of Kilmacrennan. Freshwater Pearl Mussel are extremely sensitive to sedimentation and water pollution. Without Ref: NIS May 2014 Page 17

21 mitigation it is possible that water quality impacts during construction could have an impact on the population of this species Salmo salar (Atlantic Salmon) (only in fresh water) Atlantic Salmon are present in the Leannan River and catchment. Inland Fisheries Ireland have confirmed that the Glashagh River into which the two minor watercourses flow does hold salmonid spawning and nursery habitat. Juvenile salmon and spawning beds are susceptible to sedimentation and water pollution. Therefore without mitigation it is possible that water quality impacts during construction could have an impact on the population of this species Lutra lutra (Otter) No otter field signs or otter holts or couches were recorded during the site walk-over and the proposed scheme will have no direct impact on this species or its habitat. However otter are present on the Leannan River and are likely to be present on the Glashagh River. A significant impact on water quality could indirectly impact the otter population through a reduction in prey density and availability. Therefore without mitigation it is possible that water quality impacts during construction could have an impact on the population of this species. [3110] Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) These are nutrient poor lakes with vegetation dominated by Shoreweed (Littorelletalia uniflorae) and / or quillworts (Isoetes spp.). Within the Leannan River SAC this habitat relates to Gartan Lough and Lough Akibbon. Both of these sites are considerably upstream of Kilmacrennan and as water quality contamination cannot travel upstream there is no link between the project and the qualifying interest and hence no opportunity for impact. As such it is concluded that there will be no impact on this Qualifying Habitat. [1833] Najas flexilis (Slender Naiad) Najas flexilis is a small annual that grows permanently submerged in the lower euphotic depths of clear-water lowland lakes of the north-west and Kerry. It is often associated with Oligotrophic lakes. In this instance Slender Naiad has been recorded from Lough Akibbon which is substantially upstream of Kilmacrennan and therefore, as with the Oligotrophic waters habitat type, it can be concluded that there will be no impact on this Qualifying Species Lough Fern SPA Lough Fern occurs on the Leannan River approximately 3km downstream of Kilmacrennan. The qualifying interests of this SPA are overwintering Pochard and wetlands. The site synopsis (refer Appendix 2) notes that Lough Fern is of ornithological importance for overwintering wildfowl and particularly diving duck such as Pochard. Overwintering Pochard occur in nationally important numbers on Lough Fern. The main threat to this SPA is noted to be potential water pollution due to agricultural intensification and/or afforestation in the catchment. An increase in the trophic status of the lake could have adverse impacts on the wintering bird populations. Aythya ferina (Pochard) (wintering) Pochard is a small diving duck which primarily feeds on leaves, stems and seeds of waterplants. The proposed scheme will have no direct impact of any nature on the Ref: NIS May 2014 Page 18

22 population of Pochard utilising Lough Fern. The only potential effect which the scheme could have on this population relates to the potential for water pollution which could impact the food sources for the species. Due to the downstream distance and dilution factors involved it would require a very substantial pollution event during construction to result in the proposed scheme impacting the water quality of Lough Fern to such a degree that it significantly affected the vegetation and invertebrates of the lake. The scale of construction and the nature of the works to be carried out involve activities that are common place in the construction of roadway and are not known to result in significant pollution events occurring. Therefore it is concluded that the proposed scheme will have no impact on the population of this qualifying species. Wetlands Wetlands refer to the wetland and aquatic habitats on which the overwintering bird populations rely. As detailed above for Pochard any impact on these habitats would require the proposed scheme to have a very significant water quality impact. This outcome is considered extremely unlikely and as such it is concluded that the proposed scheme will have no impact on the population of this qualifying interest. For the above reasons it is concluded that the realignment scheme will have no impact on Lough Fern SPA, its site integrity or conservation objectives. It is therefore screened out and does not require Stage 2 Appropriate Assessment Lough Swilly SAC / SPA Lough Swilly SAC is designated for the following marine and coastal habitats - estuaries, coastal lagoons and atlantic salt meadows. At 15km downstream of Kilmacrennan and with the associated dilution factors involved within both the Leannan River and the estuarine environment, it is not feasible that the construction of the proposed scheme could have any impact of any nature on these habitats. The habitat old sessile oak wood is terrestrial and is therefore not connected to the Leannan River. There is therefore no possibility of impact on this habitat. The SAC is also selected for its otter population. At 15km distance, the construction of the proposed scheme will have no direct impact of any nature on the Lough Swilly otter population. In addition as detailed above there is no possibility that the proposed scheme will have any impact on the water quality of Lough Swilly and hence the food resource available to the otter population within Lough Swilly. It is therefore concluded that the proposed scheme will have no impact on the Lough Swilly otter population. Lough Swilly SPA is designated for populations of overwintering wildfowl and breeding Common and Sandwich Tern and Black-headed Gull. The construction of the scheme will have no direct impact on or cause disturbance of these bird populations. Furthermore as listed above there is no possibility that the construction of the scheme will have any impact on the water quality of Lough Swilly and hence the food resource of these bird species. For the above reasons it is concluded that the realignment scheme will have no impact on Lough Swilly SAC / SPA, its site integrity or conservation objectives. It is therefore screened out and does not require Stage 2 Appropriate Assessment. Ref: NIS May 2014 Page 19

23 7.3 Screening Conclusion The first stage in the Appropriate Assessment process, Screening, has been completed. The DEHLG (2010) guidance document states that screening can result in one of three possible conclusions or outcomes: AA is not required the plan or project is directly connected to the management of the site; No potential for significant effects / AA is not required screening concludes that there is no potential for significant effects; or Significant effects are certain, likely or uncertain the plan or project must proceed to Stage 2 Appropriate Assessment. As detailed above this Screening assessment has determined that during construction the proposed scheme has the potential to have an impact on the qualifying species (Freshwater Pearl Mussel, Salmon, Otter) of the Leannan River SAC. The Screening assessment therefore concludes that there is the potential for the proposed scheme to have a significant effect on the Leannan River SAC. It is therefore screened in and requires Stage 2: Natura Impact Assessment. The Screening assessment has concluded that there is no potential for the proposed scheme to have a significant effect on Lough Fern SPA or Lough Swilly SAC/SPA. They are therefore Screened out at Stage 1 of the Appropriate Assessment process. Ref: NIS May 2014 Page 20

24 8. ASSESSMENT OF LIKELY EFFECTS: STAGE 2 NATURA IMPACT ASSESSMENT 8.1 Consideration of Significant Effect and Site Integrity In order to ascertain whether a significant impact on the integrity of the Natura site is likely to occur as a result of the proposed plan or project it is necessary to consider what constitutes the integrity of a site as referred to in Article 6 (3) of the Habitats Directive. The document Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC gives clear guidance in this regard and states: The integrity of the site involves its ecological functions. The decision as to whether it is adversely affected should focus on and be limited to the site s conservation objectives. 8.2 Review of Potential Impacts Section 7, the Screening Assessment, has identified that the proposed scheme will have no direct impact nor, as a consequence of the proposed drainage design, any impact during the operational phase on any Natura 2000 site. However the Leannan River SAC is indirectly hydrologically linked to the scheme by the drainage design and the crossing of the two minor watercourses. As a consequence the Screening Assessment identified that there is the potential for the scheme to have an impact on the water quality of the Leannan River SAC during construction through sediment loading and water pollution. This has the potential to effect the populations of the qualifying species Freshwater Pearl Mussel, Atlantic Salmon and Otter. The Screening Assessment identified that there is no potential for impact on the Qualifying Features Slender Naiad or Oligotrophic waters as they are both located substantially upstream of the proposed site. 8.3 Stage 2 Appropriate Assessment and Mitigation Requirements 1029 Margaritifera margaritifera (Freshwater Pearl Mussel) The Freshwater Pearl Mussel Project has confirmed that there are mussels present in the Leannan River both upstream and downstream of Kilmacrennan. Freshwater Pearl Mussel are extremely sensitive to sedimentation and water pollution; any significant occurrence of sediment loading or pollution can result in direct mortality. Pearl Mussel have not been noted as present in the Glashagh catchment into which the two culverted watercourses flow. The issue of concern for this species is therefore the construction of the scheme in the vicinity of Kilmacrennan and in particular the construction of the attenuation pond and the associated drainage through Kilmacrennan. The proposed attenuation pond is located outside of the 1:100 year flood zone of the Leannan River (refer Figure 5, Appendix 3) and its construction is therefore not of concern in itself. The risk relates to the potential for sediment or pollutant laden site run-off to enter the Leannan River and smother existing pearl mussel beds. Mitigation and control measures are therefore required to stringently manage surface water run-off from the construction site and prevent silt laden run-off reaching the river. Stringent measures are identified in Section 9.0. Ref: NIS May 2014 Page 21

25 1106 Salmo salar (Atlantic Salmon)(only in fresh water) Atlantic Salmon are present in the Leannan River and catchment. Inland Fisheries Ireland have confirmed that the Glashagh River into which the two minor watercourses flow does hold salmonid spawning and nursery habitat. For the purposes of this assessment it must be considered that the Leannan River SAC Salmon population utilise the Glashagh River and wider catchment. Infrastructural projects have the potential to impact salmon in a number of ways: Habitat Loss Habitat Fragmentation Disturbance Pollution and water quality deterioration Habitat Loss The proposed scheme will result in no loss of existing salmonid habitat. There is no impact on salmonid habitat within the Leannan River and the two minor watercourses to be culverted do not contain salmonid habitat at the crossing locations. Habitat Fragmentation Structures built within or across watercourses can potentially inhibit the migration of fish through the watercourse, preventing adults reaching spawning habitat and juveniles reaching the sea. The two watercourses to be culverted are not of salmonid interest at the crossing locations or upstream and as a consequence the proposed scheme will not result in fragmentation. Despite this, as is standard practice for road schemes, the design and construction method of both culverts will be agreed with Inland Fisheries Ireland prior to construction. Disturbance Noise, vibration and lighting have the potential to disturb salmon, inhibiting their movements up and downstream. Significant noise and vibration, such as that generated by piling, in close proximity to a watercourse has the potential to inhibit migration past construction works as it generates a spontaneous avoidance response by fish. Similarly artificial lighting at night has the potential to disrupt normal migratory movements. Lighting of any watercourse is not proposed; there is no requirement for piling in proximity to the Leannan River; and salmon are not present at the two culvert locations. Pollution and water quality deterioration Pollution events have the potential to result in direct mortality and sedimentation can smother spawning beds and cause mortality by clogging gills. Salmonid habitat is present in the Glashagh River downstream of the two culvert locations and salmon are present in the Leannan River. Mitigation and control measures are therefore required to stringently manage surface water run-off from the site and prevent silt laden run-off reaching the Leannan and Glashagh rivers. Stringent measures are identified in Section 9.0. Ref: NIS May 2014 Page 22

26 1355 Lutra lutra (Otter) Otter are present on the Leannan River and will utilise the Glashagh River and associated catchment. Therefore for the purposes of this assessment it must be considered that the Leannan River otter population will utilise the Glashagh River and wider catchment. Impacts on Otter can occur from infrastructural schemes and watercourse crossings as a consequence of: Habitat Loss Habitat fragmentation Disturbance Indirect Impacts - Water Quality deterioration Habitat Loss The proposed scheme has no impact on otter habitat. No holt or couch sites were recorded and there will be no loss or reduction in available foraging habitat. Habitat Fragmentation Poorly designed structures can inhibit otter passage and force them to attempt to cross the road to access former parts of their home range, often resulting in mortality. The two minor watercourses to be culverted are considered to be of limited fishery interest and as such otter are unlikely to be present. Despite this both of the proposed culverts have been sized to ensure maintenance of mammal passage through them and as such this potential impact can be ruled out. Disturbance Construction disturbance could be considered significant if it took place in the vicinity of a breeding holt. No holt or couch sites were recorded. Indirect Impacts water quality deterioration Deterioration in water quality could have a negative impact on the availability of the otter s food resource and thus indirectly impact the otter population. Therefore, as for Atlantic Salmon, mitigation and control measures are required to effectively manage surface water run-off from the construction site and prevent silt laden run-off reaching the Leannan and Glashagh rivers. Stringent measures are identified in Section 9.0. Ref: NIS May 2014 Page 23

27 9. MITIGATION MEASURES The assessment undertaken has confirmed that the only potential impact on the Leannan River SAC relates to water quality deterioration during the construction phase. The following construction mitigation measures have been developed to address this potential impact. These measures will be included in the Construction Contract as contractual obligations and will be overseen and enforced by the Client s Representative on site. With these measures in place it is considered that there will be no significant effect on any of the Qualifying Species of the Leannan River SAC. The following mitigation measures are specified: Contractors shall work to the standards specified in the following guidelines: Technical Guidance C648: Control of Water Pollution from Linear Construction Projects (CIRIA 2006); Technical Guidance C532: Control of Water Pollution from Construction Sites: Guidance for Consultants and Contractors (CIRIA 2001); Guidelines for the Crossing of Watercourses During the Construction of National Road Schemes (NRA, 2006); Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites (Murphy, 2007); and Fisheries Guidelines for Local Authority Works. A double silt fence shall be applied around the site of the proposed attenuation pond as a precaution to prevent silt entering the Leannan River. This silt fence shall be regularly inspected by the Client s Representative and replaced as required; All surface water run-off from and through the site of the attenuation pond shall be directed to a temporary settlement pond or silt trap located above the flood level of the Leannan River. Following settlement the surface water shall be allowed to discharge across the field to avail of further settlement and treatment. Any dewatering of excavations required in this area shall also be directed to this settlement pond prior to discharge. Silt removed from this settlement pond during maintenance shall be deposited and spread on fields sufficiently above the flood level and away from watercourses that it cannot be carried back into the river during subsequent rainfall. Temporary soil storage areas will be sited a minimum of 10m away from watercourses and the facilities will be bunded with drainage directed through appropriately sized settlement ponds or sediment traps. The design of the culverts and construction method statements for their installation shall be agreed with Inland Fisheries Ireland prior to construction. Where practicable, culvert construction / in-stream works shall be undertaken during the summer months (May September) as per the Fisheries Guidelines. The storage of oils, hydraulic fluids, etc will be outside of the floodplain / away from any watercourse and undertaken in accordance with current best practice for oil storage (Enterprise Ireland, BPGCS005). Ref: NIS May 2014 Page 24

28 As grout/cementous materials are highly toxic to aquatic life all such works must be maintained in complete isolation of all waters and the storm water system. Wash down from delivery and concrete pumping areas will be contained and removed off site for appropriate disposal. The pouring of concrete, sealing of joints, application of water-proofing paint or protective systems, curing agents, etc will be completed in the dry to avoid pollution of the freshwater environment. Temporary storage of oil and diesel for plant machinery will be required during the duration of the construction period. All fuels will be stored in a bunded facility, away from any watercourse, with filling and take-off points within the bunded area. The bunds will protect against accidental tank rupture and will ensure any spilled oil can be retained for subsequent disposal to an appropriate facility. Waste oils and hydraulic fluids will be collected in leak-proof containers and removed from the site for disposal or re-cycling. All machinery and plant used will be regularly maintained and serviced and will comply with appropriate standards to ensure that leakage of diesel, oil and lubricants is minimised. Such maintenance will be carried out in areas remote from watercourses. Foul drainage from site compound, etc will be removed to a suitable treatment facility or discharged to a septic tank system constructed in accordance with EPA Guidelines. Adequate security measures will be put in place to prevent any acts of vandalism that may result in spillage or discharge of pollutants. An emergency-operating plan shall be established by the Contractor (and approved by the Local Authority) to deal with incidents or accidents during construction that may give rise to pollution within the Leannan River SAC. This will include means of containment in the event of accidental spillage of hydrocarbons or other pollutants (including oil booms and soakage pads). Ref: NIS May 2014 Page 25

29 10. CONSIDERATION OF POTENTIAL IN-COMBINATION EFFECTS The primary potential impacts which could result in in-combination effects on the Leannan River SAC relate to long term deterioration in water quality. In this regard the concern for the Leannan relates to nutrient enrichment from agricultural run-off and intensification, afforestation, bank erosion from over grazing, physical effects on river morphology; and run off and pollution from septic tanks and waste water treatment works. The proposed scheme has no direct impact on the Leannan River SAC and the proposed drainage design will result in an improvement in the quality of the run-off discharging from the road to the local drainage network and the Leannan River. Therefore in the long term the operation of the proposed scheme has a positive effect with regard to water quality and in combination effects will not arise in association with the scheme. In addition the construction mitigation measures specified shall ensure that there is no significant temporary impact on the water quality of the Leannan River SAC. It is therefore concluded that there is no potential for the occurrence of any in combination effects as a consequence of the construction or operation of the N56 Coolboy to Kilmacrennan Road Realignment project. Ref: NIS May 2014 Page 26

30 11. CONCLUSION This provides the information to inform the Habitats Directive Appropriate Assessment of the N56 Coolboy to Kilmacrennan Road Realignment project. The report identifies that there will be no direct impact on any Natura 2000 site; but the Leannan River SAC, Lough Fern SPA and Lough Swilly SAC/SPA were brought forward for assessment as they are hydrologically linked to the proposed scheme. The potential impacts during the construction and operation of the proposed scheme have been considered in the context of these Natura 2000 sites, their Qualifying Interests and conservation objectives. The evaluation undertaken has identified that there will be no impact on any of the Qualifying Habitats or Species, either alone or in-combination, of the Lough Fern SPA and this Natura 2000 site can be Screened out at Stage 1 of the Appropriate Assessment process. The evaluation undertaken has also identified that there will be no impact on any of the Qualifying Habitats or Species, either alone or in-combination, of the Lough Swilly SAC/SPA and these Natura 2000 sites can be Screened out at Stage 1 of the Appropriate Assessment process. With regard to the Leannan River SAC, the assessment notes that the proposed drainage design will result in an improvement in the water quality of the road run-off and as such, at operation, the proposed realignment project will have no significant effect on the Leannan River SAC, its qualifying interests or conservation objectives. The potential for water quality deterioration during construction to impact the qualifying species of the Leannan River SAC could not be ruled out and as such the Leannan River was brought forward for Stage 2 Natura Impact Assessment. Following this assessment it was confirmed that water quality deterioration during construction had the potential to impact the qualifying species Freshwater Pearl Mussel, Atlantic Salmon and Otter. Stringent pollution prevention construction mitigation measures have been specified (Section 9.0) and it is considered that with the application of these measures there will be no significant effect on the Leannan River SAC, its qualifying interests or conservation objectives. Therefore, as a result of the assessment carried out, it is considered that, with the application of the construction mitigation measures identified in Section 9.0, the N56 Coolboy to Kilmacrennan Road Realignment Scheme will have no significant effect, either alone or in-combination with other plans and projects, on the Leannan River SAC or any other Natura 2000 site. Ref: NIS May 2014 Page 27

31 12. REFERENCES DoEHLG (2010) Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities (Department of Environment, Heritage and Local Government, Rev Feb 2010). 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 (European Commission Environment Directorate-General). European Commission (2000) Managing Natura 2000 sites: The Provisions of Article 6 of the Habitat s Directive 92/43/EEC (EC Environment Directorate-General, 2000); hereinafter referred to as MN2000. NPWS Circular NPW 1/10 & PSSP 2/10 Appropriate Assessment under Article 6 of the Habitats Directive: Guidance for Planning Authorities. (Department of Environment, Heritage and Local Government, March 2010). Ref: NIS May 2014 Page 28

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33 APPENDIX 1 Donegal County Council: Screening Determination Ref: NIS May 2014 Appendix 1

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37 DC2-C-06-N December 2013 Seamus Neely County Manager Donegal County Council County House Lifford RE: N56 Coolboy Kilmacrennan Road Project Screening for Appropriate Assessment Early in 2012 a Habitats Directive Appropriate Assessment screening process was undertaken for the above scheme which concluded that Appropriate Assessment was not required. A determination to this effect was subsequently made (Manager s Order 2012NRDO013). In the interim RPS have completed the detailed design of the scheme which includes revised drainage measures at the Kilmacrennan end where it discharges to the Leannan River. The Leannan River has been designated as an SAC because of its Freshwater Pearl Mussel populations. The revised drainage measures will ultimately be of benefit to the SAC in that they will intercept and treat road surface water runoff that currently discharges directly to the river. Notwithstanding the above, the construction of the drainage measures in close proximity to the SAC could pose a risk of pollution during construction. While I am satisfied that the application of standard construction stage mitigation measures should adequately protect the SAC there remains the potential for a pollution incident. In the circumstances of the revised design I am of the view that an Appropriate Assessment should now be carried out. I therefore recommend that, in accordance with Article 250(2) of the Planning and Development Regulations, the Council make a determination that Appropriate Assessment is required. I further recommend that a be prepared and that an application under Section 177AE of the Planning and Development Act be made to An Bord Pleanála for approval of the project. Recommended by: Endorsed by: Endorsed by: Brendan O Donnell Aidan O Doherty John McLaughlin Senior Executive Engineer Senior Engineer Director Roads and Housing Design

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39 APPENDIX 2 NPWS Site Synopses Ref: NIS May 2014 Appendix 2

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41 SITE SYNOPSIS SITE NAME: LEANNAN RIVER SITE CODE: Situated in north Donegal, this site comprises the River Leannan and its main tributaries and lakes including Loughs Fern, Gartan and Akibbon. The river from source to sea measures 46km and drains a catchment area of 282 km 2. The Bullaba River drains off the Glendowan Mountains and flows into Lough Gartan. The Leannan River flows from Lough Gartan in a north-easterly direction, passes through Lough Fern, and then onwards in an easterly direction through the town of Rathmelton and into Lough Swilly. The main tributaries within the site are the lower Glashagh and Lurgy. The site is a candidate SAC selected for lowland oligotrophic lakes, a habitat listed on Annex I of the E.U. Habitats Directive. The site is also selected for the following species listed on Annex II of the same directive - Freshwater Pearl Mussel, Atlantic Salmon, Otter and the plant, Slender Naiad. The river has good water quality and its banks are fringed more or less continuously by deciduous woodland. The adjacent habitat is mainly wet grassland which has been improved to varying degrees for grazing. There is also a good scattering of woodland, mostly deciduous, in the area. Gartan Lough and Lough Akibbon are excellent examples of lowland oligotrophic lakes of sandy plains, a habitat listed in Annex I of the EU Habitats Directive. Both are medium sized lakes and have vegetation that includes Shoreweed (Litorella uniflora), Quillwort (Isoetes lacustris), Water Lobelia (Lobelia dortmanna), Bulbous Rush (Juncus bulbosus), Bog Pondweed (Potamogeton polygonifolius) and the scarce Pillwort (Pilularia globulifera). Of particular note is the presence of Slender Naaid (Najas flexilis) in Akibbon, as this species is listed in Annex II of the Habitats Directive. The other large lake in the site, Lough Fern, is a mesotrophic-eutrophic system. A principal interest of this site lies in the presence of a population of Freshwater Pearl-mussel (Margaritifera margaritifera), a species listed on Annex II of the E.U. Habitats Directive and also protected under the Wildlife Act A survey in 1995 estimated the population within the site at about 1,000 individuals, ranging in age from comparatively young (< 5 years) to elderly (80+ years). The site is also selected Atlantic Salmon (Salmo salar), a species listed in Annex II of the Habitats Directive. The Lennan is a good spring and grilse salmon river with extensive spawning habitats and good water quality.

42 Lough Gartan has a population of Arctic Char (Salvelinus alpinus), a species listed in the Red Data Book. The site has a population of Leisler s Bat (Nyctalus leisleri) (67 individuals in July 1993), a further Red Data Book species. A range of Red Data Book plant species occur within site, with Globeflower (Trollius europaeus), Bird Cherry (Prunus padus), Heath Cudweed (Omalotheca sylvatica), Small-white Orchid (Pseudochis albida) and Pillwort. The very rare Red-throated Diver breeds within the site. This species is listed on Annex I of the EU Birds Directive. The section of river within the site appears to have escaped recent pearl fishing but the area below the site has recently been fished out. Pearl fishing remains a threat to all sections of this river. A main threat to the quality of the site is intensification of agriculture in the surrounding areas which could lead to eutrophication of the lake and river waters. Lake acidification is also a potential threat. Reduction in water quality, lake acidification and introduction of alien fish species are all threats to the population of Salvelinus alpinus in Lough Gartan. The population of breeding Redthroated Diver is vulnerable to disturbance from activities such as boating and angling. This site is of high conservation importance, due to the presence of the Annex I habitat oligotrophic lakes of sandy plains, as well as the Annex II species Pearl Mussel, Atlantic Salmon and Slender Naiad. A range of Red Data Book plant and animal species also occur

43 SITE SYNOPSIS SITE NAME: LOUGH FERN SPA SITE CODE: Lough Fern is a relatively small lake with a maximum length of 2.5 km. The lake lies on the Leannan River and is underlain by metamorphic rocks (schist, gneiss and quartzite). It is a shallow system, with a maximum depth of 2.5 m. The water is soft though it is not markedly coloured; the lake is classified as mesotrophic. The shoreline is often stony though swamp vegetation is found both in the northern and southern parts. The stony shores have Shoreweed (Littorella uniflora), Lesser Spearwort (Ranunculus flammula) and Water Forget-me-not (Myosotis scorpiodes). The swamp vegetation is mainly comprised of Common Reed (Phragmites australis), Canary Reed-grass (Phalaris arundinacea) and Bulrush (Typha latifolia). There are two small islands in the lake, both of which are covered with deciduous woodland. Lough Fern is of ornithological importance for wintering waterfowl and particularly diving duck. Whilst bird counts at the site extend back to the 1970s, these have been irregular and there have been few in recent years. Based on information from the 1990s, it seems that Pochard has a population of national importance (average of 671 individuals), with good numbers also of Tufted Duck (average of 213). Other species that occur include Goldeneye (9), Coot (48), Whooper Swan (20-30), and small numbers of dabbling ducks such as Wigeon and Mallard. Little Grebe and Water Rail are resident species. It appears that numbers of the main species fluctuate widely, suggesting that the lake may be an important temporary refuge when birds are displaced from other sites. The protected, Red Data Book plant species Globeflower (Trollius europaeus) occurs on shores within the site. The main threat to the site is of water pollution due to agricultural intensification and/or afforestation in the catchment. An increase in the trophic status of the lake could have adverse impacts on the wintering bird populations. Improvement of the marginal habitats above the lakeshore could affect some of the bird species that use these areas for feeding. Lough Fern is of ornithological importance as it supports a nationally important population of Pochard. The occurrence of Whooper Swan, albeit in small numbers, is of note as this species is listed on Annex I of the E.U. Birds Directive

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45 SITE SYNOPSIS SITE NAME: LOUGH SWILLY SITE CODE: This large site, situated in the northern part of Co. Donegal, comprises the inner part of Lough Swilly. It extends from below Letterkenny to just north of Buncrana. Lough Swilly is a long sea-lough, cutting through a variety of metamorphic rocks on the west side of Inishowen. The site is estuarine in character, with shallow water and intertidal sand and mud flats being the dominant habitats. The main rivers flowing into the site are the Swilly, Lennan and Crana. At low tide, extensive sand and mud flats are exposed, especially at the mouths of the Swilly and Lennan rivers. Bivalves and polychaete worms are well represented in the macro-invertebrate fauna, with species such as Cockles (Cerastoderma edule), Mussels (Mytilus edulis), Baltic Tellin (Macoma balthica), Ragworm (Nereis diversicolor) and Sand Mason (Lanice conchilega) being common. Cord-grass (Spartina anglica) is well established on parts of the intertidal flats. The shoreline above the flats varies from bedrock shore to shingle or cobbles, and here is found a scattering of salt tolerant plants such as Scurvygrass (Cochlearia officinalis), Sea Milkwort (Glaux maritima) and Red Fescue (Festuca rubra). Salt marshes are well represented in the inner sheltered areas of the site, with good examples in the Ramelton area. The marshes are the Atlantic salt meadow type, and are characterised by such species as Thrift (Armeria maritima), Sea Milkwort (Glaux maritima), Sea Aster (Aster tripolium), Sea Arrowgrass (Triglochin maritima) and Red Fescue (Festuca rubra). Lakes which are lagoonal in character occur at Inch and Blanket Nook. Inch Lough is a good example of a large, shallow lagoon with very low salinity in most of the lagoon. Less information is available for Blanket Nook but it is of a higher salinity and adds to the richness of the habitat within the site as a whole. The vegetation in Inch is diverse and typically lagoonal, with well developed charophyte communities, including a large population of Chara canescens (a Red Data Book species). It also supports Horned Pondweed (Zannichellia palustris) and a mixed Pondweed/Tassleweed Community (Potamogeton pectinatus/ruppia maritima). The green alga Chaetomorpha linum occurs at Blanket Nook. The aquatic fauna at Inch is rich and diverse and includes a range of lagoonal specialists and species that are apparently rare. These include Lekanesphaera hookeri, Palaemonetes varians, Conopeum seurati, Sigara stagnalis, S. concinna, Jaera nordmanni, Neomysis integer and Cordyllophora caspia. Less information is available on the aquatic fauna at Blanket Nook, though several lagoonal specialists have been recorded, including Jaera ischiosetosa, which appears to be a rare species in Ireland. Inch Lough is regarded as of significant conservation value for ectonal Coleoptera, with several species indicative of well-developed shoreline habitats including two that are apparently rare: Bembidion bipunctatum, a halotolerant shore species, and Bembidion aeneum, a stenotopic halobiont species. Although artificial in origin, the lagoon

46 habitat in this site is one of the largest and best examples of a shallow, low salinity lagoon habitat in the country. Two woodlands occur adjacent to the north-western shore of Lough Swilly. These are Rathmullen and Carradoan Woods, the former being a Nature Reserve. They are dominated by Sessile Oak (Quercus petraea) and Birch (Betula pubescens), but many other species are present including exotics such as Beech (Fagus sylvatica). Alder (Alnus glutinosa) and Willows (Salix spp.) occur in the wetter parts. An area of wet heath, dominated by Ling (Calluna vulgaris), occurs on the hill above Carradoran Wood. These woodlands display a generally intact structure and support a range of breeding birds, including Woodcock. A further area of woodland, scrub and heath occurs above the north-east shore at Crockacashel and at Porthaw. Oak/Hazel (Corylus avellana) scrub is frequent, and there is a well developed ground flora with species such as Wood-sorrel (Oxalis acetosella), Herb Robert (Geranium robertianum), Lady s fern (Athyrium filix-femina) and Broad Buckler Fern (Dryopteris dilatata). The heath vegetation includes Ling (Calluna vulgaris), Common Gorse (Ulex europaeus), Wood Sage (Teucrium scorodonia) and Tormentil (Potentilla erecta). In the wetter areas, Purple Moor-grass (Molinia caerulea) and Cross-leaved Heath (Erica tetralix) occur. The site supports a population of Otter, a species listed on Annex II of the EU Habitats Directive. Lough Swilly is an important site for waterfowl in autumn and winter. The shallow waters provide suitable habitat for grebes and diving duck, while the intertidal flats are used by an excellent diversity of wildfowl and waders. At high tide, the duck and wader species roost on the salt marshes and shorelines, with some species moving to the adjacent pasture and arable fields. In the three winters 1994/95 to 1996/97, 16 species occurred in nationally important numbers as follows (figures are average maximum counts for the 3 winters): Great Crested Grebe (274), Shelduck (646), Wigeon (1,673), Teal (1,381), Mallard (1,155), Shoveler (58), Scaup (143), Goldeneye (169), Red-breasted Merganser (103), Coot (335), Oystercatcher (1,459), Knot (327), Dunlin (7,995), Curlew (1,716), Redshank (1,080) and Greenshank (30). Other species which occur in regionally or locally important numbers, and at times may exceed the threshold for national importance, include Brent Goose, Pochard, Tufted Duck, Lapwing, Ringed Plover, Grey Plover, Bar-tailed Godwit and Turnstone. The site is also an important area for the Great Northern Diver and the rare Slavonian Grebe. The adjacent pasture and arable polders at Inch, Big Isle and Blanket Nook support internationally important populations of Whooper Swans, Greenland White-fronted Geese and Greylag Geese. Inch Lough is an important roosting area for these birds and at times they utilise other parts of Lough Swilly for roosting. This site is of conservation importance as it contains good examples of at least four habitats listed on Annex I of the EU Habitats Directive (estuaries, lagoons, Atlantic salt meadows, old oak woods) and supports a population of Otter. In addition, it is of high ornithological importance for wintering waterfowl, with 16 species occurring

47 regularly in numbers of national importance, plus 3 species occurring within the site and on adjacent polders in numbers of international importance

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49 APPENDIX 3 FIGURES Ref: NIS May 2014 Appendix 3

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