expert environmental guidance on exploration methodologies ... · drill method in which sample is...

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Expert Environmental Guidance on Exploration Methodologies:

Part Five: Trenching

Exploration and Mining Division

Department of Communications, Climate Action and Environment

Paul Gordon MSc PGeo EurGeol

Steve Judge BSc (Hons) MCIEEM

Dr. Deirdre Lewis PhD PGeo EurGeol

SLR Ref: 501.00016.00002.R5 Ver1

http://www.slrconsulting.com/

Exploration and Mining Division SLR 501.00016.00002 Environmental Guidance on Exploration Methodologies: Part Five: Trenching March 2017

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Cover Photograph, Trenching for sub-surface gold veins, Cargalisgorran, Co. Monaghan by kind permission of Conroy Gold and Natural Resources www.conroygold.com Unless otherwise stated, all photographs in this series of Expert Guidance documents are from SLR Consulting field archives.







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GLOSSARY OF TERMS Term Definition

Aeromagnetic Survey

A survey of the Earth's magnetic field carried out from a helicopter or aeroplane.

Aeromagnetic/S Measurements of the Earth’s natural magnetic field, generally measured with a magnetometer on a helicopter, e.g. an aeromagnetic survey.

Airborne Radiometrics

The measurement from an aircraft of radiation from radionuclides present at or near the Earth's surface.

Appropriate Assessment (AA)

An objective assessment of the implications on a Natura 2000 site, or sites, in light of its conservation objectives based on best scientific knowledge and to inform the ‘integrity test’ which follows. It is not a decision as to whether a plan or project should go ahead.

Article 6 Of Habitats Directive

6(1) Establish necessary conservation measures corresponding to ecological requirements of habitats and species;

6(2) Avoid deterioration of habitats and significant disturbance;

6(3) Assess projects likely to have a significant effect against conservation objectives, agree to plan or project only if ascertained it will not have an adverse effect on integrity, unless

6(4) No alternative solutions, imperative reasons of overriding public interest and compensatory measures.

Auger Drilling Drill method in which sample is returned to surface by travelling up a steel spiral outside the rods (generally only used to drill to shallow depths).

Assay An analysis to determine the quantity of one or more components in a rock, generally for metals of economic interest that are present in greater than trace amounts.

Base Metal The term used for the metals copper, lead, zinc and tin to distinguish from precious metals.

Bird Breeding Season

As defined under the Wildlife Wildlife Act 1976, as amended by Section 46 of the Wildlife (Amendment) Act 2000 starting on 1st March and ending on 31st August.

Birds Directive European Council Directive 2009/147/EC on the conservation of wild birds (as amended).

Bulk Sample Large scale rock sample usually collected for geochemical or metallurgical testing.

Channel Sample Sample obtained by cutting a rectangular channel across a rock face, more representative than chip or grab sampling.

Chip Sample Rock sample taken from an outcrop or trench for chemical analysis, using a chisel, usually over a set length.

Competent Authority

The decision-maker in this case the Exploration and Mining Division of the Department of Communications, Climate Action and the Environment.

Consent Any licence, permission, permit, derogation, dispensation, approval or other such authorisation granted by or on behalf of a public authority, relating to any activity, plan or project that may affect a European Site.

Conservation Objectives

Set of parameters to ensure favourable conservation status and which are provided as a basis of assessment of plans and management.

Conservation Status

The state of a species or habitat including for example extent, abundance, distribution and their trends.

cSAC Candidate Special Area of Conservation - an area under investigation for possible designation.

Diamond Drilling Rotary drilling method which obtains a cylindrical core of rock by drilling with an annular bit, set with diamonds.

Drill Core Rock samples recovered by diamond drilling.

Electrode Array/ IP

This term refers to the way in which electrodes used in an IP (induced polarization) survey are arranged-as in “The dipole-dipole electrode array was used for the IP survey over the property”. Usually the electrical current is “injected” into the ground using a pair of electrodes (usually, these are metal rods which are inserted into the earth) attached to a transmitter and generator, using wire. The measurements are then obtained using another pair of electrodes, attached to a “receiver” (a kind of volt-meter) – also using wires. The way these two pairs of “transmitter” and “receiver” electrodes are set out for a measurement during the survey is called the electrode array. The types of targets that are sought usually determine the choice of array used during an IP survey. The most common array, called “dipole-dipole” is usually best for determining the location of shallow metallic bodies, whereas the “gradient” array is usually better for more deeply buried targets.







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Term Definition

Electromagnetic Geophysical exploration method employing the related electric and magnetic fields which can be set up in a conductive body by an artificial electric field at surface.

EM (Electromagnetic) Surveying

Geophysical exploration method employing the related electric and magnetic fields which can be set up in a conductive body by an artificial electric field at surface. EM surveys generally involve creating “primary” EM fields, more often than not using current injected into a wire loop, and then measuring the weaker “secondary” EM fields which are produced by conductive bodies which are reacting to this field-also usually using a wire-loop connected to a receiver.

EMD Exploration and Mining Division of the Department of Communications, Climate Action and the Environment.

European Site Natura 2000 sites that include SCIs, SACs, cSACS, SPAs and pSPAs.

Favourable Conservation Status

Defined in European Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora as:

• when natural range and areas covered are stable or increasing; and

• specific structure and function necessary for its long-term maintenance exist and are likely to continue for the foreseeable future; and

• conservation status of typical species is favourable: o population dynamics data indicate it is maintaining itself, long-term, as a viable

component of its natural habitats; and o natural range not being or likely to be reduced for the foreseeable future; and o there is and will probably continue to be sufficient habitat to maintain it long-

term.

First Order Streams Small tributaries often forming the headwaters of larger rivers and streams.

Formation Mappable unit of rock.

Geochemical Pertaining to various chemical aspects (e.g. concentration, associations of elements) of natural media such as rock, soil and water.

Geological Hammering

A technique used to obtain a fresh surface of a rock to determine its composition, nature, mineralogy, history, and a field estimate of rock strength.

Geological Mapping

The creation of a special-purpose map to show geological features across an area.

Geophysical Survey Process by which measurement of physical characteristics of the Earth is conducted.

Geophysics Study pertaining to physical properties such as density, magnetism, radioactivity or minerals, rocks, regions of the Earth.

GPR Ground penetrating radar.

Grab Sample Sample collected at irregular intervals from surface outcrops, drill samples etc., not necessarily fully representative of the material sampled.

Grade Quantity of quoted metal relative to other constituents, in a specified quantity of rock.

Gradient IP A specific type of IP electrode array survey.

Gravity Survey A geophysical survey technique which measures variations in the Earth's gravity related to variations in rock type and structure.

Grid A systematic array of points on lines at or along which geophysical and geological data is taken or along which samples are taken.

Ground Magnetic Surveying

A survey of the Earth’s magnetic field carried out on the ground.

Habitat Regulations

The European Communities (Birds and Natural Habitats) Regulations 2011 (as amended) that consolidated the European Communities (Natural Habitats) Regulations 1997 to 2005.

Habitats Directive European Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (as amended).

Hazard A situation or biological, chemical or physical agent that may lead to harm or cause adverse effects.

Horizontal Loop EM An electromagnetic survey using a horizontal loop as a receiver.

In-Combination Cumulative effects that may arise with other current or reasonably foreseeable plans and projects.







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Term Definition

Integrity Test Not to show there would be harm but for the Competent Authority to ensure there would be no harm from any plan or project and shall give effect to a plan or project only after having ascertained that it will not adversely affect the integrity of a Natura 2000 site.

IROPI Imperative Reasons of Overriding Public Interest.

Likelihood Of Significant Effect (LSE)

Significant: where a plan or project has an effect on a Natura 2000 site but is not likely to undermine its conservation objectives, it cannot be considered likely to have a significant effect on that site.

Likely: if it cannot be excluded, on the basis of objective information, that it will have a significant effect on a Natura 2000 site.

Assessment of risk made in light, inter alia, of characteristics and specific environmental conditions of the Natura 2000 site.

A risk of significant effects is sufficient but must be credible evidence that there is a real rather than a hypothetical risk.

Likely

“Whether or not reasonable doubt exists as to the absence of significant adverse effects “ based on the Court of Justice of the European Union C-127/02 (Waddenzee). The word ‘likely’ should be interpreted as referring to the possibility, rather than the probability of an effect, on the basis of objective information. A risk of significant effects is sufficient but must be credible evidence that there is a real rather than a hypothetical risk.

LSE Likely significant effects.

Magnetic Relating to the magnetic properties of a rock.

Magnetic Field Intensity

This term refers to the strength of the Earth’s magnetic field that is measured using an instrument called a “magnetometer”. A compass, on the other hand, measures the “magnetic field direction”. Across a given area, the relative changes in the Earth’s magnetic field intensity that are measured are caused by differences in the amount of magnetic material contained in the underlying rocks-usually iron-rich minerals. Because metallic deposits normally contain high levels of iron, these tend to be more magnetic and therefore produce a stronger magnetic field intensity.

Magnetic Survey A geophysical technique which measures variations in the Earth's magnetic field caused by variations in rock type or geological structure.

Magnetic Susceptibility

A measurement of the magnetic properties of a rock.

Mining Licence A licence granted by the state which allows the extraction of certain minerals within a specified area.

NHA Natural Heritage Area.

Orientation Survey A survey of geochemical or geophysical parameters in an area of known mineralization to provide a comparison with regional exploration results.

Outcrop An exposure of bedrock at the surface of the Earth.

Overburden Material such as soils and gravels deposited over bedrock, typically deposited by rivers, ice sheets or on the sea floor.

Peat A surficial organic-rich deposit of partially decomposed vegetable matter, typically occurring in cold to temperate climates.

Percussion Chips Rock chips produced by percussion drilling.

Percussion Drilling A type of drilling method whereby the rock is broken by a hammering action into small chips.

pNHA Proposed Natural Heritage Area.

Polarization Refers to either “induced polarization” surveys or the effects they produce (see “IP” above).

Precautionary Principle

Onus on the applicant to show no harm from the proposed plan or project to ensure the Competent Authority is satisfied that the plan or project will not adversely affect a Natura 2000 site.

Prospecting 1. A search for mineral deposits, often by drilling and excavation.

Prospecting Licence (Pl)

Area of land which is licensed by the state to exploration companies or individuals for prospecting of minerals under proscribed terms and conditions.

Prospective Describing an area with respect to the potential for discovery of significant mineralization.

pSPA Proposed Special Protection Area – an area under investigation for possible classification.

Public Authority A “public authority” is broadly defined to encompass all bodies that have a role in public administration and that possess environmental information. It is defined in S.I No. 133 of 2007 Article 3 to mean (a) government or other public administration, including public advisory bodies, at national,







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Term Definition

regional or local level, (b) any natural or legal person performing public administrative functions under national law, including specific duties, activities or services in relation to the environment, and (c) any natural or legal person having public responsibilities or functions, or providing public services, relating to the environment under the control of a body or person falling within paragraph (a) or (b)

Qualifying Features The features for which a Natura 2000 site is designated / classified to be of European importance for its protection and management for conservation.

Radiometric Survey The measurement of radiation from radionuclides present at or near the Earth's surface (from dominantly K-U-Th).

RC (Reverse Circulation) Percussion Drilling

A drilling method using down-hole hammer bits that recover cuttings (chips) of rocks and bring the sample to the surface inside the drill rods by compressed air, thereby reducing contamination.

Reconnaissance First pass exploration of an area to provide an indication of its prospectivity.

Reserves In-situ body of rock containing Proved and / or Probable ore reserves.

Resistivity A geophysical exploration technique utilising the variable electrical resistivity or conductivity of different rock types.

Resource In-situ body of rock containing a Measured, Indicated or Inferred ore resource.

Risk The potential consequence(s) of a hazard combined with their likelihood / probability.

SAC Special Area of Conservation.

SCI

European Commission listed sites which contribute significantly to the maintenance or restoration at a favourable conservation status of a natural habitat type or of a species and may also contribute significantly to the coherence of a Natura 2000 site, and/or contributes significantly to the maintenance of biological diversity within the biogeographic region, in the case of Ireland the Atlantic region. Once the list has been adopted the member states must designate SCIs as SACs.

Scintillometer A machine that uses scintillation of a crystal (generally sodium iodide) by radiation to measure the amount of radiation.

Screening For Likely Significant Effects

An iterative process whereby areas of influence are identified to avoid significant effects.

Second Order Stream

A stream formed by the merging of two or more first order streams. First order streams have no tributaries and occur at the head of stream systems.

Significant Effect An effect that could undermine the published conservation objectives of a Natura 2000 site or individual qualifying feature for which a site is of European importance.

Soil Sampling Systematic collection of soil samples at a series of different locations in order to study the distribution of soil geochemical values across an area.

SPA Special Protection Area.

TEM Transient Electro Magnetism, a geophysical technique used to test for mineralization.

Test Of Likely Significant Effect

As set under Article 6(3) of the EU Habitats Directive that states “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.”

Trench A narrow ditch cut through soil or shallow bedrock across a prospective area in search of a mineral deposit.

VLF The term “VLF” is used to describe either a type of electromagnetic survey or the EM fields they measure. This technique utilises a Very Low Frequency radio transmitter/receiver to detect conducting bodies such as ore deposits.

VLF-EM Survey An electromagnetic survey, which uses a frequency band of VLF transmitting stations with means of measuring the vertical field components of secondary fields, generated by conductive bodies in the ground.

Zone Of Influence The area(s) over which ecological features may be affected by the biophysical changes caused by a proposed project and associated activities.







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TABLE OF CONTENTS Glossary

1.0 INTRODUCTION ........................................................................................................................ 1 1.1 Background .................................................................................................................... 1 1.2 Project Aims and Objectives............................................................................................ 1

2.0 APPROPRIATE ASSESSMENT ...................................................................................................... 3 2.1 Legislative Context ......................................................................................................... 3 2.2 Overview of the Appropriate Assessment Process ........................................................... 3 2.3 Screening for Appropriate Assessment ............................................................................ 4 2.4 Appropriate Assessment Guidance .................................................................................. 5

3.0 DESIGNATED SITES .................................................................................................................... 7 3.1 Natura 2000 Sites ........................................................................................................... 7 3.2 Ramsar Sites .................................................................................................................. 7 3.3 Natural Heritage Areas (NHAs) and Proposed Natural Heritage Areas (pNHAs) ................. 7 3.4 Nature Reserves ............................................................................................................. 7

4.0 SCREENING MATRIX .................................................................................................................. 8

5.0 TRENCHING ACTIVITIES ............................................................................................................. 9 5.1 Activities Undertaken for Trenching ................................................................................ 9

6.0 ASSESSMENT OF EFFECTS: TRENCHING .................................................................................... 10 6.1 Potential Hazards ......................................................................................................... 10 6.2 Potential Zone of Influence ........................................................................................... 13 6.3 Special Areas of Conservation ....................................................................................... 13 6.4 Special Protection Areas ............................................................................................... 64

7.0 USE OF RESOURCES, WASTE PRODUCTION, NUISANCE & EFFECTS ASSOCIATED WITH TRENCHING .............................................................................................................................................. 97 7.1 Use of Resources, Waste Production & Nuisance Associated with Trenching .................. 97 7.1 Likely Significant Effects of Trenching on Other Designated Nature Conservation Sites ... 97 7.2 Likely Significant Effects of Trenching on Bog Habitats Outside Natura 2000 Sites ........... 97 7.3 Likely Significant Effects of Trenching on Groundwater .................................................. 99

8.0 CONCLUSIONS .......................................................................................................................100

TABLES Table 1 Colour Coding; Likely Significant Effects........................................................................... 8 Table 2 Summary of Trenching Activities and Impacts .................................................................. 9 Table 3 Preliminary Risk Assessment – Trenching ...................................................................... 10 Table 4 Screening of Likely Significant Effects of Trenching on Annex I Habitats .......................... 15 Table 5 Effects of Trenching on Habitats Directive Annex II Species ............................................ 49 Table 6 Screening of Likely Significant Effects of Trenching on Birds Directive Annex I Species .... 65 Table 7 Effects of Trenching: Natural Resources, Waste Production & Nuisance.......................... 97 Table 8 Summary of Trenching Activities and Their Effects on Bog Habitats ................................ 98 Table 9 Risk Assessment to Comply with Groundwater Regulations (EMD, 2014) ........................ 99 APPENDICES Appendix A Summary: Environmental Guidance for selected Exploration Methodologies ........................ 102 Appendix B Bibliography ........................................................................................................................... 103







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1.0 INTRODUCTION

SLR Environmental Consulting (SLR) was appointed in October 2016 by the Department of Communications, Climate Action and the Environment (DCCAE), following a public tender, to provide expert guidance on the likely significant effects (LSE) under the Appropriate Assessment process of certain mineral exploration methodologies on the environment in Ireland.

1.1 Background

The Minister for Communications, Climate Action and the Environment, under the Minerals Development Acts (1940–1999), has responsibility for the regulation and permitting of mineral exploration and mining in Ireland. Under these Acts, the Minister authorises mineral exploration activities through the granting of Prospecting Licences (PL). The Exploration and Mining Division (EMD) of the DCCAE regulates the mineral exploration and mining industry in Ireland acting as the ‘public authority’ on the Minister’s behalf. At the granting, renewal and review stage of PL work programmes, EMD, acting on behalf of the Minister, is required to carry out screening to determine whether proposed exploration activities are likely to have a significant effect on the environment and to advise the Minister accordingly.

The Draft Minerals Development Bill (2015), which has not been enacted at the time of writing1, requires that the Minister shall ensure that the licensee of prospecting activity shall comply with the environmental directives (Part 2, Chap. 3, Section 39). It also requires that the Minister considers the public interest with respect to environmental impacts of prospecting (exploration) activities (Part 2, Chap. 3, Section 47). Furthermore, the Minister shall ensure that the public has access to decisions made by the Minister in advance of permitting any activity that may have a significant impact on the environment (Part 7, Chap. 4, Sections 203-206). Importantly, the latter sections specifically pertain to activities that will not require planning permission under the Planning and Development Acts 2000-2014.

In practice, under the terms of a Prospecting Licence (PL), a wide variety of exploration methodologies is utilised by the minerals industry in Ireland, ranging from negligible impact activities, such as geological mapping, to more intrusive techniques, such as diamond drilling to explore for economic minerals. The terms of reference for developing the guidance documents clearly requested that the methodologies to be reviewed were broken into five methodology classes:

I. Geological Mapping and Hammer Prospecting; II. Geochemical Surveying;

III. Geophysical Surveying (not including airborne geophysical surveys); IV. Drilling; and V. Trenching.

SLR met officers of EMD at an initiation meeting on 10 October 2016 and agreed the broad methodology to be adopted and the phased timeframe for developing the screening guidance for these classes of activities.

1.2 Project Aims and Objectives

The project aims to develop guidance documents for screening for Appropriate Assessment of the potential environmental impacts of certain mineral exploration methodologies by the Competent Authority within the framework of relevant European and Irish legislation and other international conventions, based on best available scientific knowledge.

1 The Draft Minerals Development Bill 2015 is currently passing through the committee stages of the Houses of the Oireachtas.








Such screening assessments must be undertaken in relation to proximity to European Natura 2000 sites and the sensitivity of any qualifying Annex I Habitats and/or Annex II Species for which:

• a Site of Community Importance (SCI) or Special Area of Conservation (SAC) has been designated;

• any qualifying birds or wetlands for which a Special Protection Area (SPA) has been classified as being of European importance; and

• other sensitive features which may contribute to the European importance of Natura 2000 sites that may be impacted by the activities.

In addition, the use of and management of surface and groundwater, the production of waste and / or pollutant materials and other factors such as dust, noise, transport (e.g. large machinery for drilling) and landscape or visual impacts during exploration should also be considered.

While the designation of Natural Heritage Area (NHA) does not require screening for Appropriate Assessment under Irish and European legislation, EMD has included a request for guidance with regard to NHAs and proposed NHAs (pNHA) as well as other statutory designated sites e.g., Ramsar sites.

This report will address the fifth exploration methodology class ‘Trenching’.

Typical trenching activity to access sub-cropping bedrock during mineral exploration








2.0 APPROPRIATE ASSESSMENT

2.1 Legislative Context

The requirements for an Appropriate Assessment are set out under Article 6 of the Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the “Habitats Directive”). This is transposed into Irish law through The European Communities (Birds and Natural Habitats) Regulations 2011 (as amended) that consolidated the European Communities (Natural Habitats) Regulations 1997 to 2005.

Article 6(3) of the EU Habitats Directive requires a Competent Authority to make an Appropriate Assessment of the implications for Natura 2000 sites in view of a site’s conservation objectives, before deciding to undertake, or give consent, permission or other authorisation for, a plan or project which:

i. is not directly connected with or necessary to the management of that site; and ii. is likely to have a significant effect thereon, either individually or in combination with other plans

and projects in view of its conservation objectives.

Under Regulation 2(1)(a) of the European Communities (Birds and Natural Habitats) Regulations 2011, the EMD of the DCCAE is the ‘public authority’ responsible for regulation of mineral exploration in Ireland. Therefore in terms of the EU Habitats Directive, the EMD is defined as the Competent Authority that has the legally delegated authority and designated function to consent mineral exploration activities.

EMD, in its capacity as a public authority in the issuing of mineral exploration licences, is responsible for screening for Appropriate Assessment in accordance with Section 42 of The European Communities (Birds and Natural Habitats) Regulations 2011. An application for consent is required for such activities that have the potential to adversely affect a Natura 2000 site. EMD is required to appropriately assess the implications of any such activities before:

• granting a licence or giving consent, permission or other authorisations; and

• reviewing any consent, permissions or other authorisations.

2.2 Overview of the Appropriate Assessment Process

The term Appropriate Assessment is derived from Article 6(3) and 6(4) of the EU Habitats Directive. It is taken to mean that an assessment on implications of any plan or project on a Natura 2000 site must be appropriate to its purpose under both national and European legislation. The EU Habitats Directive does not define what the Appropriate Assessment entails. In essence, where there is the “probability” of a plan or project having a significant adverse effect on a Natura 2000 site then the appropriate assessment is defined as the scientific methodology and reasoning to assess the implications of any such plan, or project. Natura 2000 sites are either Special Areas of Conservation (SACs) or Special Protection Areas (SPAs). SACs are defined under the Habitats Directive. SPAs are defined under the Council Directive 2009/147/EC on the Conservation of Wild Birds (the “Birds Directive”) that codifies Directive 79/409/EEC.

The European Commission’s methodological guidance2 promotes a four stage process, as set out below, to complete an Appropriate Assessment:

• Stage 1 – Screening for Appropriate Assessment;

• Stage 2 – Appropriate Assessment;

• Stage 3 – Alternative Solutions; and

• Stage 4 – The ‘IROPI Test’ (Imperative Reasons of Overriding Public Interest).

2 European Communities (2002). Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites. Methodological

Guidance on the Provision of Article 6(3) and (4) of the Habitats Directive 92/43/EEC. European Communities, Luxembourg.








A person applying for any such consent, permission or other authorisation must provide such information in Stage 1 as the Competent Authority may reasonably require, for the purposes of the assessment, or to enable them to determine whether an Appropriate Assessment is required.

The Competent Authority must consider whether a plan or project will significantly affect any relevant Natura 200 sites. The likely significant effects of the proposal on the site or sites, either individually or in combination with other plans or projects, should be considered. The effects must be considered in respect of each interest or feature for which the site was designated as a Natura 2000 site.

During the screening stage, the Competent Authority must be satisfied that on the basis of objective information and in view of best scientific knowledge that a plan or project is not likely to have a significant effect on any Natura 2000 site. Where doubt exists about the risk of a significant effect, an Appropriate Assessment must be carried out (the precautionary principle).

Article 6(4) of the EU Habitats Directive states that where an Appropriate Assessment has been carried out and the results are negative, the Competent Authority may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the Natura 2000 site. The determination by the competent authority must be made in the light of the conclusions of the assessment, and in consideration of IROPI.

The decisions made by the Competent Authority must be recorded at each stage of the appropriate assessment process. Such recording will ensure the transparency of the decision-making and of its determination as to whether any proposed plan or project is likely or not likely to have any environmental effects on a Natura 2000 site.

2.3 Screening for Appropriate Assessment

The screening for Appropriate Assessment is a process which seeks:

(i) to screen out those aspects of the proposal or activity that are unlikely to have a significant effect on a Natura 2000 site; and

(ii) to screen out any individual qualifying feature of a Natura 2000 site that is not likely to be significantly affected, directly or indirectly, by the proposal or activity.

When consenting to exploration activities, EMD will need to be assured that any such activities will have no likely significant effects on Natura 2000 sites. Activities must be assessed if they are carried out within the defined boundaries of a Natura 2000 site, or outside any such site but where a potential source-pathway-receptor link may occur between an activity and a Natura 2000 site. The potential zone of influence of any given activity should be considered on a case by case basis and in light of current best practice and other guidance documents. It is possible that habitats outside Natura 2000 sites could be considered to contribute to the overall habitat resource of any qualifying habitat. It is also possible that there are widely ranging species and connectivity between the site of the proposed activity and a Natura 2000 site. Careful consideration must be given to activities outside a Natura 200 site but with linkages to such habitats or species.

At all stages of the decision making process, EMD will need to record their decision in writing and the rationale for making any such decision.

Where likely significant effects cannot be excluded, then the consenting process will be passed from EMD to the relevant Local Authority.

The screening for Appropriate Assessment should be an iterative process and the emphasis should be to avoid likely significant effects. This document intends to provide a first step in this iterative screening








process by defining which activities associated with any exploration technique are not likely to have significant effects.

However, it should be noted that this document does not diminish the responsibility of the applicant in providing relevant information to EMD to assist in the decision making process and the documenting of the decision.

Following the initial screening for Appropriate Assessment, EMD may consider that additional information and/or protocols may be required for specific exploration methodologies before granting consent to proceed.

2.3.1 Definition of ‘Likely to have Significant Effect’

Under the Habitats Directive, the first test that has to be considered is whether a proposed development or activity, either alone or in combination with other relevant projects and plans, would be likely to have a significant effect on the environment (habitats).

The Competent Authority must consider whether the impact of a proposed exploration activity on a Natura 2000 site is likely to be significant or not. Effects are judged to be significant where they affect the site with respect to the conservation objectives of the features for which a Natura 2000 site was designated /classified, either alone or in combination with other plans and projects.

The Waddenzee case (2004 EUECJ C-127-01) clarified that “likely to have a significant effect” means that an appropriate assessment should be undertaken for any plan or project where “it cannot be excluded on the basis of objective information, that it will have a significant effect on the site”. Therefore the term “likely” in the context of screening for Appropriate Assessment has been interpreted that unless a significant effect cannot be objectively ruled-out with certainty, then it is “likely”.

The Waddenzee principle thus underlies the screening for Appropriate Assessment under the Habitats Directive.

The precautionary principle must be used when assessing whether the risk of effects exists and cannot be excluded3. Where information is not available or where there is any uncertainty, then the ‘no likely significant effects’ test has not been met. In that case, a Stage 2 Appropriate Assessment should be undertaken to assess the implications on the site’s conservation objectives.

2.4 Appropriate Assessment Guidance

Relevant guidance documents relating to Appropriate Assessment have been produced by the European Commission and by various Government departments. The following provides a summary of the key documents:

• European Commission: o European Communities (2000). Managing Natura 2000 Sites. o 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.

o European Commission (2010). Non-energy Mineral Extraction and Natura 2000.

3 1998 EUEJC C-180/96 United Kingdom v Commission and 2004 EUEJC C-127/02 Waddenvereniging and Vogelbeschermingsvereniging








• Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs: o NPWS (2009, revised February 2010). Appropriate Assessment of Plans and Projects in

Ireland: Guidance for Planning Authorities. Department of the Environment, Heritage and Local Government, Dublin.

2.4.1 Aarhus Convention

The Aarhus convention was adopted in 1998 by the United Nations Economic Commission for Europe, and was formally ratified by Ireland in 2012. The convention provides that:

• The public has a right to receive environmental information held by public authorities, and;

• The public has a right to participate in environmental decision-making.

• The public also has the right to challenge any environmental decisions which it believes have been made in breach of either of the first two rights.

EMD, in line with the convention, publishes ‘Decisions on Specific Prospecting Activities’ for

(1) All drilling/trenching activities; and

(2) Certain exploration activities undertaken within Natura 2000 sites or NHAs;

and retains the details of decisions reached for the public record4.

2.4.2 Other Directives & Regulations

Other directives and regulations which may have relevance for mineral exploration in Ireland were reviewed at a high level, which are listed in Appendix 1.

It is considered that they are not relevant in the context of screening for Appropriate Assessment for mineral exploration methodologies.

4 http://www.dccae.gov.ie/natural-resources/en-ie/Minerals-Exploration-Mining/Pages/Appropriate-Assessment-.aspx








3.0 DESIGNATED SITES

3.1 Natura 2000 Sites

The Natura 2000 network of sites is made up of a number of European Sites. These include:

• Sites of Community Importance (SCI). The EU has nine biogeographical regions, each with its own characteristic blend of vegetation, climate and geology. Under the EU Habitats Directive, Natura 2000 sites are selected on the basis of national lists proposed by the Member States. The European Commission adopts a list of SCI which become part of the Natura 2000 network and which are then designated at the national level as Special Areas of Conservation (SAC).

• Special Areas of Conservation (SAC). SACs are strictly protected sites designated under the EC Habitats Directive. Article 3 of the Habitats Directive requires the establishment of a European network of important high-quality conservation sites that will make a significant contribution to conserving the 189 habitat types and 788 species identified in Annexes I and II of the Directive (as amended). Of the Annex I habitat types, 58 are believed to occur in Ireland and of the Annex II species, 17 are native to, and normally resident in, Ireland. A further eight species are considered to be vagrant. Sites which are candidate SACs (cSAC) but which have not been formally designated are considered to have the same protection as a formally designated SAC.

• Special Protection Areas (SPA). SPAs are strictly protected sites classified in accordance with Article 4 of the EC Birds Directive. They are classified for rare and vulnerable birds (as listed on Annex I of the Directive), and for regularly occurring migratory species. Sites which are proposed SPAs but not formally classified are considered to have the same protection as a formally classified SPA. At present, 67 bird species have been identified and for which Ireland as an obligation under the EU Birds Directive (2009/147/EC).

Detailed lists of Annex I Habitat and Annex II Species under the EU Habitats Directive and Annex I Bird species under the Birds Directive are provided in the relevant sections in Chapter 6.0 below.

3.2 Ramsar Sites

Ramsar sites are wetlands of international importance designated under the Ramsar Convention. Ireland has 45 such sites5. Ramsar sites have no legal protection under Irish legislation, but typically their protection derives from other designations of the site such as SPAs or Nature Reserves.

3.3 Natural Heritage Areas (NHAs) and Proposed Natural Heritage Areas (pNHAs)

NHAs and pNHAs comprise a network of nature conservation sites in Ireland. NHAs are sites that are given full legal protection, unlike pNHAs which do not enjoy statutory protection. NHAs and pNHAs are not relevant in the context of screening for Appropriate Assessment, but are considered in the wider context of likely impacts of exploration activity by EMD.

3.4 Nature Reserves

A nature reserve is an important wildlife area which is protected under Ministerial order.

5 https://rsis.ramsar.org/ris-search/?f[0]=regionCountry_en_ss%3AIreland








4.0 SCREENING MATRIX

The Appropriate Assessment screening process requires a preliminary assessment of risk and probability. A probability rating (used widely in the hydrocarbons and minerals industries6) is applied, which is broadly defined on five levels:

Certain (95% chance or higher),

Probable (above 50% but below 95%),

Unlikely (above 5% but less than 50%),

Extremely Unlikely (less than 5%) and

Not Likely (0%).

Where it is assessed that the risk is ‘not likely’ to ‘extremely unlikely’, then it is considered that the potential hazard can be screened out from any further consideration as the possibility of significant effects to any particular feature or site are negligible.

A screening matrix has been developed based on the sensitivity of the individual activities associated with the Trenching methodology and the identification of potential impacts arising from the activities.

A colour coded system has been used to distinguish where likely significant effects may or may not occur. Table 1 provides an overview of the colour codes used as part of the screening assessment to indicate where likely significant effects may or may not occur.

Table 1 Colour Coding; Likely Significant Effects

Where Effects Not Applicable

No Likely Significant Effects

Likely Significant Effects Uncertain

Potential Likely Significant Effects

Please note that specific standard operating procedures to avoid and/or minimise effects have not been detailed as it will be the responsibility of the exploration proponent to ensure that its SOPs are appropriate for each site and relevant to the exploration activities. Additionally, where areas of influence have been identified, we have used the following colour code to indicate where EMD is likely to require further information on methodologies and standard operating procedures to be implemented to avoid and minimise effects on habitats and/or species.

Further Information On Standard operating procedures Likely To Be Required

This guidance will allow EMD to determine whether the proposed activities are likely or not likely to have any significant effects on a Natura 2000 site, or sites.

6 Kadane, J.B. (1990). Comment: Codifying Chance. In. Mosteller, F. and Youtz, C. (1990). Quantifying Probabilistic Expressions, Statistical Science, Vol. 5. No. 1, pp1-34.








5.0 TRENCHING ACTIVITIES

The following presents the key activities undertaken during Trenching and an assessment of likely significant effects on Natura 2000 designated sites.

5.1 Activities Undertaken for Trenching

The types of activities involved in trenching are associated with ingress and access to sites, the core activity and the potential for removal of rock samples (see Table 2). Trenching is undertaken to provide access to the underlying bedrock, along a continuous line that is normal to the geological strike. The bedrock is mapped and channel sampled along the wall or the floor of the trench where possible. The samples are then analysed in a laboratory, to determine the concentrations of target elements (metals) of interest.

Trenching requires large machinery and usually at least one other support vehicle and related personnel. It has the potential to create source-receptor pathways that would not naturally occur.

Table 2 Summary of Trenching Activities and Impacts

Technique Trenching

Exploration Stage Early to mid.

Ingress/Access Trenching is carried out using large plant machinery, such as diggers, excavators etc. that can be either wheel-mounted or tracked. One or two other four-wheel drive vehicles also accompany the plant. Access to the site is generally off-road.

Operation Trenches are excavated perpendicular to the geological strike, generally in a series of parallel lines, to access fresh bedrock. Trench depth depends on the thickness of the soil and subsoil which overlie the bedrock, but would rarely exceed 3m. The sides of the trenches are battened or trench boxed if deeper than 0.5m. Trenches can remain open for weeks to months at a time, while mapping and sampling are carried out. Trenches range in length from tens to hundreds of metres. Trenching is not commonly carried out in Ireland for base metal exploration, but is occasionally used in precious metals exploration.

Abstraction/removal Soil/subsoil/weathered rock overlying solid bedrock are removed. Once mapping and sampling are completed, excavated materials are used to refill the trench.

Egress As for ingress.

Sources of Potential Impacts Large scale removal and disruption of entire soil profile/ regolith. Physical damage to vegetation cover and soil structure. Breach of perched or shallow aquifer.

Potential vectors/pathways Heavy duty machinery. Trench as a conduit for surface water runoff.

Potential Receptors Soil habitats. Water courses. Shallow aquifers.








6.0 ASSESSMENT OF EFFECTS: TRENCHING

The following presents the key activities undertaken during Trenching and an assessment of likely significant effects on a Special Area of Conservation (SAC; Section 5.4) and a Special Protection Area (SPA; Section 5.5), respectively, from Trenching.

6.1 Potential Hazards

This section identifies the potential hazards (i.e. the pathways) through which Trenching activities may cause potential risk exposure to likely significant effects on Natura 2000 sites. This essentially is a preliminary assessment of risk and probability (see Chapter 4.0).

Table 3 provides a preliminary risk assessment of Trenching activities (without the application of standard operating procedures designed to avoid or reduce significant effects).

Table 3 Preliminary Risk Assessment – Trenching

Potential Hazard SAC SPA

Annex I Habitats Annex II Species Qualifying Birds Wetlands

Direct Loss Of Habitat Probable

Unlikely to Probable depending upon species

Extremely unlikely Not Likely

Damage And/Or Disturbance Of Habitats Causing A Change In The Vegetation Community Or Where There Would Be An Effect On The Population Status Of An Individual Or Group Of Species

Certain


Unlikely Extremely unlikely

Habitat Fragmentation Extremely unlikely Extremely unlikely Extremely unlikely Extremely unlikely

Disturbance (Noise And Visual Disturbance)

Not applicable Probable Probable Not applicable

Disturbance (Lighting) Not likely Not likely Not likely Not Likely

Changes In Air Quality (Deposition Of Dust)

Extremely unlikely Extremely unlikely Not likely Not likely

Changes In Air Quality (Emissions To Air)

Extremely unlikely Extremely unlikely Extremely unlikely Extremely unlikely

Alteration To Hydrological Regime

Unlikely to probable depending upon habitat


Extremely unlikely Extremely unlikely

Alteration To Hydrogeological Regime

Probable (groundwater dependent terrestrial ecosystems only)

Probable (where species dependent upon groundwater dependent terrestrial ecosystems)

Not likely Extremely unlikely

Changes In Surface Water Quality

Probable (freshwater habitats only)

Probable (freshwater species only)

Extremely unlikely Extremely unlikely

Increase In Sedimentation Probable (freshwater habitats only)

Probable (freshwater species only)

Extremely unlikely Probable

Changes In Groundwater Quality

Not likely Not likely Not likely Not likely








Potential Hazard SAC SPA

Annex I Habitats Annex II Species Qualifying Birds Wetlands

Introduction And Spread Of Non-Native Species

Extremely unlikely Extremely unlikely Extremely unlikely Extremely unlikely

Based on the risk assessment in Table 3 the potential hazards required for any further consideration as part of the screening matrix include:

• Habitat loss, damage and disturbance;

• Noise and visual disturbance;

• Alteration to hydrogeological and hydrological regimes; and

• Change in surface water quality and increased sedimentation.

6.1.1 Damage and/or Disturbance of Habitats

Trenching through the excavation of soils has the potential to result in the direct loss, damage and disturbance of habitats and on the species associated with these habitat areas.

Habitat loss involves the direct destruction or physical take-up of vegetation, or the removal of other features or structures with conservation interest. Habitat loss may also occur indirectly as a result of a change in other physical attributes or water management, for instance the drying-up of ponds or through induced successional events leading to a change in habitat type.

The damage and disturbance of sensitive habitats can result in a change in the physical attributes of the habitat and its associated vegetation communities. Stresses induced by changes in physical attributes, e.g. trampling, which can increase soil compaction and create gaps which may allow stress tolerant species to dominate. Such occurrences can result in changes to the structure and species composition within a particular area. For some habitats any changes in key indicator plant species can alter the classification given to any particularly vegetation community.

Any damage and disturbance to habitats can have a direct impact on individual populations of qualifying species, or on other individual and/or groups of species that any qualifying species is dependent upon, e.g. food source, or indirectly by increasing levels of stress placed upon populations of some species.

The damage and disturbance of habitats outside the defined boundary of a Natura 2000 site may also have an impact on habitats that can be considered to contribute to the habitat resource of any qualifying habitats. Damage to those external habitats can also affect widely-ranging species that may lose part of breeding/foraging range and therefore individuals’ fitness may be affected. These effects can ultimately result in increased mortality or productivity reduction.

Where a qualifying species may be wide ranging it is important to consider the site of any proposed exploration activity and its connectivity with a Natura 2000 site. This is especially important in relation to the potential dispersal and foraging distances that some species of birds may travel outside the boundary of a SPA. Where relevant, guidance published by Scottish Natural Heritage (SNH) 7 should be used to determine the core ranges for many bird species.

7 Scottish Natural Heritage (2013). Assessing Connectivity with Special Protection Areas (SPAs). Scottish Natural Heritage.








6.1.2 Noise and Visual Disturbance

Increases in human disturbance can have a range of impacts depending upon the sensitivity of the ecological receptor, the nature and duration of the disturbance and its timing. Human disturbance particularly includes noise and visual disturbance from human activity from Trenching.

The response of individual species to increased levels of human disturbance will depend upon a number of factors. The factors include:

• sensitivity;

• reproductive status;

• previous exposure to human disturbance;

• behaviour during the event;

• species tolerance to disturbance;

• location in relation to the source;

• availability of alternative nearby habitat; and

• environmental factors (e.g. topography, vegetation and atmospheric conditions which can influence noise levels).

The level of disturbance will also be dependent upon the existing ambient noise levels and maximum noise levels.

It is generally accepted that for noise and visual disturbance, certain species or groups of species can be impacted upon up to a distance of 300m from source for high level and discontinuous disturbance. These distances are reduced for low level and/or continuous disturbance levels. However, where specific guidance indicates otherwise, the potential zone of an activity can increase, depending upon the susceptibility of a particular species to disturbance. High levels of noise and visual disturbance have the potential to significantly increase the distance where species may alter their behaviour.

Where noise levels are below 80dB LAmax and 55dB LAeq, 1hr measured at a nest site for birds or other feature used by wildlife it is considered unlikely that it will have an adverse impact on any such species, in accordance with guidance produced by Air Quality Technical Advisory Group (AQTAG09)8.

Typical noise levels generated by plant excavating trenches will be between 65 and 90dB, depending on whether work is carried out by JCBs or 3 tonne 360 degree excavators, and where noise levels may be elevated over the AQTAG threshold up to a distance of 75 to 700m from the point source.

6.1.3 Alteration to Hydrogeological and Hydrological Regimes

Trenching can result in the disruption of groundwater conduit flow paths and changes in the pattern of groundwater movement through the excavation of soils and subsoils, in particular where the groundwater table is close to the survey or where it may be perched.

The effects of any alteration in the hydrogeological regime can have wide ranging ecological impacts on habitats that may be ground water dependent terrestrial ecosystems (GWDTE), and any associated species. There may also be effects where groundwaters have hydraulic connectivity with surface waters, or interfaces exist between terrestrial environments.

The excavation of trenches can result in the changes in the hydrogeological and hydrological processes of certain terrestrial habitats, i.e. bogs and fens, where there may be an alteration in the surface and sub-surface flows of water. The level of impact can vary widely depending upon the physical nature of the soils,

8 Ormerod, L., Goodlad, N. and Horton, K. (2005). AQTAG09 – Guidance on the Effects of Industrial Noise on Wildlife. Air Quality Technical Advisory Group.








subsoils or peat, topography, the vegetation communities present, vegetation structure and coverage, management pressures and other external pressures.

The effects of Trenching on hydrogeological and hydrological regimes will be dependent upon the extent and depth of any individual trench or trenches within a given area.

6.1.4 Changes in Surface Water Quality (Ground and Surface Waters) and Increased Sedimentation

Trenching activities near water have an associated risk of pollution as a result of fuel spillages, oil leakages and other accidents that could lead to a serious impact on water quality and consequently the habitats and species present in any such affected watercourse.

The stripping of vegetation, excavation of soils / subsoil and improper temporary storage of excavated materials near to a watercourse increases the risk of large volumes of material being washed into watercourses during periods of heavy and prolonged rainfall, or flood events. This indirectly affects water quality through increased turbidity levels and sedimentation, as well as the potential mobilisation of a variety of substances that may be contained within the soils.

Any increase in sediment loading can have a wide range of effects on habitats and species. Different lentic and lotic ecosystems can show variable sensitivity to increased sediment loadings and is dependent upon topography, geology and soils and the local climate all of which can interact to influence the transport of sediments. The amount of sediment, the particle sizes and whether it is organic or inorganic in nature will interact with the sensitivity of the receiving waters to determine the potential for ecological impacts.

Whilst the effects of increases in sedimentation of lentic and lotic habitats is widely known, it can be difficult to quantify the impact of sediment on the ecology of these ecosystems with other factors also likely contributing to a decline in any ecological status of a particular species or habitat-type. Usually it is only when there is a significant sedimentation that an ecological impact can be measured.

6.2 Potential Zone of Influence

Based on the nature of the exploration activity and on the potential hazards it is considered that the distance for which any Trenching should be evaluated in terms of Natura 2000 sites is up to a maximum radius of 1km based on the full extent of the licensable exploration activity.

6.3 Special Areas of Conservation

The potential for likely significant effects of Trenching on a SAC or candidate SAC (cSAC) are considered separately under Annex 1 Habitats and Annex II Species, respectively, below.

6.3.1 Annex I Habitats

Table 4 provides an overview as to whether activities associated with Trenching are likely to have significant effects on individual Annex I habitats.

Where it is identified that there is a probable risk and the possibility or uncertainty of likely significant effects then further information is likely to be required by the EMD in making its determination. The level of information and standard operating procedures will also have to be appropriate to the qualifying Annex I habitat concerned The information and standard operating procedures will also have to be appropriate for the Natura 2000 site which may be impacted upon.

Where no likely significant effects have been identified but there is a risk of an adverse effect on sensitive features the EMD may require further information. The information required will be on a site by site








basis, to be submitted by the applicant in order to completely satisfy EMD that the activities will have no likely significant effects on certain qualifying Annex I habitats. The likely significant effects of Trenching on Annex I habitats will be largely dependent upon the extent and condition of any qualifying habitat where Trenching is proposed and the scale of operations within such areas. EMD should take this into account when determining any licence application.

It is important that the applicant provides adequate information to EMD on the methodology:

• for the stripping of vegetation and soils/subsoils to ensure the protection of vegetation and different soils horizons can be maintain as far as practically possible;

• how backfilling operations will be undertaken to minimise effects on the physical attributes of soils / subsoils and restoration of vegetation; and

• that any proposed reseeding is appropriate for the habitat-type and vegetation communities present where Trenching is proposed.

Where there is no outcrop in a target area, Trenching allows a three dimensional view of sub-cropping rocks








Table 4 Screening of Likely Significant Effects of Trenching on Annex I Habitats

EU Code

Habitat Trenching Activity

Habitat Loss, Damage And/Or Disturbance

Noise And Visual Disturbance

Alteration To Regime` Alteration To Hydrogeological Hydrological Regimes

Changes In Surface Water Quality And Increased Sedimentation

Areas of influence & other items

FRESHWATER

3110

Oligotrophic waters containing very few minerals of sandy plains: Littorelletalia uniflorae

Access & Egress

Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near waterbody or watercourses flowing to and that outflow into lakes supporting this habitat. Significant effects uncertain.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise the risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.

Operation

Abstraction & Return

3130

Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or of the Isoëto-Nanojuncetea

Access & Egress



Operation


3140

Hard oligo-mesotrophic waters with benthic vegetation of Chara spp.

Access & Egress Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near waterbody or watercourses flowing to and that outflow into lakes supporting this habitat. Significant effects uncertain.


Operation







http://jncc.defra.gov.uk/protectedsites/sacselection/habitat.asp?FeatureIntCode=H3110





EU Code







3150

Natural eutrophic lakes with Magnopotamion or Hydrocharition-type vegetation

Access & Egress



Operation


3160 Natural dystrophic lakes and ponds

Access & Egress



Operation


3180 Turloughs

Access & Egress

Potential exposure to hazard during periods of complete drawdown which may cause damage and disturbance to associated vegetation communities that are likely to recover relatively quickly but any changes in other physical attributes and hydrogeological process may cause the loss or damage to functioning of the turlough. Significant effects uncertain.

Potential exposure to hazard which may directly affect springs, swallets and estavelle and the hydrogeological functioning of the turlough that allow the inflow and draining of groundwaters. Significant effects uncertain.

Potential exposure to hazard where activity takes place adjacent a turlough when feature is flooded. Significant effects not likely.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise direct damage / disturbance of this habitat-type and indirectly through any potential alterations of the hydrogeological regime in order for EMD to be satisfied of no LSE.

Operation












EU Code







3260

Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation

Access & Egress Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near rivers supporting this habitat or tributaries flowing to such rivers. Significant effects uncertain.


Operation


3270

Rivers with muddy banks with Chenopodium rubri p.p. and Bidention p.p. vegetation

Access & Egress Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near rivers supporting this habitat or tributaries flowing to such rivers. Significant effects not likely.

Operation


GRASSLAND AND MARSH

6130 Calaminarian grasslands of the Violetalia calaminariae

Access & Egress

Potential exposure to hazard through vehicle movements but not significantly intrusive to change the structure and composition or extent of any associated vegetation community over normal natural variations. Significant effects not likely.

Proposer of activity may be required to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE.










EU Code







Operation

Potential exposure to hazard that may result in the temporary loss of habitat but which should recover relatively quickly with no major changes to the vegetation communities present which are dependent upon soils with high levels of heavy metals. Significant effects not likely.


6210

Semi-natural dry grasslands and scrubland facies on calcareous substrates (Festuco-Brometalia)

Access & Egress


Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE.

Operation

Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities especially where orchid-









EU Code








rich. Significant effects likely.

6230

Species-rich Nardus grassland, on siliceous substrates in mountain areas (and submountain areas in continental Europe)

Access & Egress



Operation Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Significant effects likely.










EU Code







6410

Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae)

Access & Egress


Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE. Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological regime in order for EMD to be satisfied of no LSE.

Operation Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Signficant effects likely.

The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions depending upon extent and depth of any trench and a variety of other environmental conditions. Significant effects uncertain.


6430

Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels

Access & Egress












EU Code







Operation Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Signficant effects likely.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological and regime in order for EMD to be satisfied of no LSE.


6510 Lowland hay meadows (Alopecurus pratensis, Sanguisorba officinalis)

Access & Egress



Operation

Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Signficant effects likely.









EU Code








HEATH

4010 Northern Atlantic wet heaths with Erica tetralix

Access & Egress

Potential exposure to hazard from vehicle movement which may cause damage to shallow peats and supporting vegetation. Habitat likely to recover relatively quickly but any changes in other physical attributes has the potential to change vegetation communities. Significant effects uncertain.

It should be possible to avoid and/or minimise damage and disturbance of habitat through careful planning of access and egress routes.

Operation

Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Signficant effects likely.

The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of









EU Code








may affect localised hydrogeological conditions depending upon extent and depth of any trench and a variety of other environmental conditions. Flushes are particularly vulnerable. Significant effects uncertain.

this habitat-type to satisfy no LSE.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological regime in order for EMD to be satisfied of no LSE.

4030 European dry heaths

Access & Egress


Operation

Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Significant effects likely.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of









EU Code








this habitat-type to satisfy no LSE.

4060 Alpine and Boreal heaths

Access & Egress

Potential exposure to hazard from vehicle movement and damage of lichens (where lichen-rich) resulting in changes to the associated vegetation communities. Significant effects likely.

Proposer of activity will need further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of this habitat-type in order for EMD to be satisfied of no LSE.

It may be possible to avoid and/or minimise damage and disturbance of habitat through careful planning of access and egress routes.

Operation

Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Significant effects likely.

The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions depending upon extent


Proposer of activity should provide further









EU Code








and depth of any trench and a variety of other environmental conditions. Significant effects uncertain.

information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological regime in order for EMD to be satisfied of no LSE.

PEATLANDS

7110 Active raised bogs Access & Egress

Potential exposure to hazard from vehicle movement which may cause damage to peats and supporting vegetation. Habitat likely to recover relatively quickly but any changes in other physical attributes has the potential to change vegetation communities. Significant effects uncertain.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of this habitat-type in order for EMD to be satisfied of no LSE.










EU Code







Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated vegetation communities. Significant effects likely.

The excavation of a trench may intersect the flow of groundwater, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions of the peats depending upon extent and depth of any trench and a variety of other environmental conditions. Significant effects uncertain.




7120

Degraded raised bogs still capable of natural regeneration

Access & Egress

Activity with potential to be intrusive through the movement of vehicles and excessive trampling but unlikely to change the structure and composition or extent of any vegetation community over normal natural variations and which would be anticipated to recover relatively quickly from any disturbance. Significant effects not likely.

Proposer of activity may be required to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of this habitat-type to satisfy no LSE.









EU Code







Operation






7130 Blanket bogs Access & Egress












EU Code







Operation






7140 Transition mires and quaking bogs

Access & Egress

Operation










EU Code







7150 Depressions on peat substrates of the Rhynchosporion

Access & Egress




Operation














EU Code







7210

Calcareous fens with Cladium mariscus and species of the Caricion davallianae

Access & Egress




Operation


The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions depending upon extent and depth of any trench and a variety of other environmental conditions.

Potential exposure to hazard where activity takes place within or adjacent a calcareous fen. Significant effects uncertain.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological regime, risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.










EU Code







7220 Petrifying springs with tufa formation (Cratoneurion)

Access & Egress

Activity with potential to be intrusive on a habitat highly sensitive to disturbance from vehicle movements, footfall and the taking of samples. Habitat likely to recover relatively quickly providing other physical attributes not altered through the proposed activities. Significant effects likely.

.

Proposer of activity will need further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of this habitat-type in order for EMD to be satisfied of no LSE.

These habitats typically cover small areas where it should be possible to avoid these point or linear formations through careful planning of access and egress routes.

Operation

Potential exposure to hazard which may result in the direct loss of habitat and change physical attributes to prevent recovery of vegetation communities. Significant effects likely.

The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions depending upon extent and depth of any trench and a variety of other environmental conditions. Significant effects likely.

Potential exposure to hazard where activity takes place within or adjacent a petrifying spring. Significant effects uncertain.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of this habitat-type, and potential alterations of hydrogeological regime to satisfy no LSE.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.










EU Code







7230 Alkaline fens

Access & Egress




Operation



Potential exposure to hazard where activity takes place within or adjacent a alkaline fen. Significant effects uncertain.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological regime, risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.










EU Code







WOODLAND AND SCRUB

91A0

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

Access & Egress

Potential exposure to hazard but not significantly intrusive to change associated vegetation communities but which may cause soil compaction which may affect some individual trees. Significant effects not likely.

Operation Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated ground vegetation communities and damage to individual trees. Significant effects uncertain.


It should be possible to ensure a root protection zone is maintained around trees.


91E0

Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae)

Access & Egress







http://jncc.defra.gov.uk/protectedsites/sacselection/habitat.asp?FeatureIntCode=H91A0

http://jncc.defra.gov.uk/protectedsites/sacselection/habitat.asp?FeatureIntCode=H91E0



EU Code







Operation Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated ground vegetation communities and damage to individual trees. Significant effects uncertain.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of this habitat-type, and potential alterations of hydrogeological regime in order for EMD to be satisfied of no LSE.



91D0 Bog woodland Access & Egress

Potential exposure to hazard from vehicle movement which may cause damage to peaty substrates and supporting vegetation. Habitat likely to recover relatively quickly but any changes in other physical attributes has the potential to change vegetation communities. Significant effects uncertain.








http://jncc.defra.gov.uk/protectedsites/sacselection/habitat.asp?FeatureIntCode=H91D0



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Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated ground vegetation communities and damage to individual trees. Significant effects likely.





91J0 Taxus baccata woods of the British Isles

Access & Egress


Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated ground vegetation communities and damage to individual

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage






http://jncc.defra.gov.uk/protectedsites/sacselection/habitat.asp?FeatureIntCode=H91J0



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trees. Significant effects uncertain

of this habitat-type in order for EMD to be satisfied of no LSE.


5130

Juniperus communis formations on heaths or calcareous grasslands

Access & Egress

Potential exposure to hazard but not significantly intrusive to affect the Juniperus communis formations. Significant effects not likely.

Operation Potential exposure to hazard which may result in the direct loss of habitat through the changes of the structure and species composition of its vegetation communities. Significant effects likely.



EXPOSED ROCK/DISTURBED GROUND

8110

Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani)

Access & Egress

Operation











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8120

Calcareous and calcshist screes of the montane to alpine levels (Thlaspietea rotundifolii)

Access & Egress

Operation


8210 Calcareous rocky slopes with chasmophytic vegetation

Access & Egress

Operation


8220 Siliceous rocky slopes with chasmophytic vegetation

Access & Egress

Operation


8240 Limestone pavements Access & Egress












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Operation


8310

Caves not open to the public

Access & Egress

Operation


MARINE, COASTAL AND HALOPHYTIC HABITATS

1110 Sandbanks which are slightly covered by sea water all the time

Access & Egress

Operation


1130 Estuaries Access & Egress









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Operation


1140 Mudflats and sandflats not covered by seawater at low tide

Access & Egress

Operation


1150 Coastal lagoons

Access & Egress

Operation


1160 Large shallow inlets and bays

Access & Egress

Operation








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1170 Reefs

Access & Egress

Operation


1210 Annual vegetation of drift lines

Access & Egress

Operation


1220 Perennial vegetation of stony banks

Access & Egress

Operation











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1230 Vegetated sea cliffs of the Atlantic and Baltic coasts

Access & Egress

Operation


1310 Salicornia and other annuals colonising mud and sand

Access & Egress

Operation


1320 Spartina swards (Spartinion maritimae)

Access & Egress

Operation


1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae)

Access & Egress








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Operation


1410 Mediterranean salt meadows (Juncetalia maritimi)

Access & Egress

Operation


1420

Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fruticosi)

Access & Egress

Operation


8330 Submerged or partially submerged sea caves

Access & Egress

Operation










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COASTAL SAND DUNES

2110 Embryonic shifting dunes

Access & Egress Potential exposure to hazard but activity not significantly intrusive to change the structure and composition or extent of any associated vegetation community over normal natural variations in these dynamic systems. Significant effects not likely.

Operation


2120 Shifting dunes along the shoreline with Ammophila arenaria ("white dunes")

Access & Egress Potential exposure to hazard but activity not significantly intrusive to change the structure and composition or extent of any associated vegetation community over normal natural variations in these dynamic systems. Significant effects not likely.

Operation


2130 Fixed dunes with herbaceous vegetation ("grey dunes")

Access & Egress

Potential exposure to hazard but not significantly intrusive to change associated vegetation communities. Significant effects not likely.









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Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated vegetation communities and which may lead to increased rates of wind erosion. Signficant effects likely.

A Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE.


2140 Decalcified fixed dunes with Empetrum nigrum

Access & Egress


Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may change associated vegetation communities and which may lead to increased rates of wind erosion. Signfiicant effects likely.



2150 Atlantic decalcified fixed dunes (Calluno-Ulicetea)

Access & Egress


Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may

Proposer of activity will need to provide further information on standard operating procedures to









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change associated vegetation communities and which may lead to increased rates of wind erosion. Signfiicant effects likely.

be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE.

2160 Dunes with Hippophae rhamnoides

Access & Egress


Operation




2170 Dunes with Salix repens ssp. argentea (Salicion arenariae)

Access & Egress


Operation












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2190 Humid dune slacks

Access & Egress


Operation

Potential exposure to hazard which may result in the direct loss of habitat. Signfiicant effects likely.

The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions depending upon extent and depth of any trench and a variety of other environmental conditions with the potential to affect the rate of succession to climax communities. Significant effects uncertain.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE. Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise potential alterations of hydrogeological regime in order for EMD to be satisfied of no LSE.


21A0 Machairs

Access & Egress


Operation

Potential exposure to hazard which is unlikely to result in the direct loss of habitat but which may

Proposer of activity will need to provide further information on standard operating procedures to







http://jncc.defra.gov.uk/protectedsites/sacselection/habitat.asp?FeatureIntCode=H21A0



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change associated vegetation communities and which may lead to increased rates of wind erosion. Signficant effects likely.

be followed to avoid and/or minimise the damage / disturbance of this habitat-type to satisfy no LSE.








6.3.2 Annex II Species

Table 5 provides an overview as to whether activities associated with Trenching are likely to have significant effects on individual Annex II Species for which a SPA may be designated as being of European importance. Please refer to Table 1 for colour coding.

Where it is identified that there is a probable risk and the possibility or uncertainty of likely significant effects then further information is likely to be required by the EMD in making its determination. The level of information and details of standard operating procedures to be followed will have to be relevant for any activities and in relation to the individual qualifying Annex II species concerned. The information and standard operating procedures will also have to be appropriate for the Natura 2000 site which may be impacted upon.

Similarly where no likely significant effects have been identified but there is a risk of an adverse effect on sensitive features the EMD may require further information. The information required will be on a site by site basis, to be submitted by the applicant in order for EMD to be completely satisfied that the activities will have no likely significant effects on certain qualifying Annex II species.

Please note that Table 5 does not negate the requirement to obtain an appropriate wildlife derogation licence issued by NPWS for any particular activity which has the potential to affect protected species in accordance with the Wildlife Act 1976 and Wildlife (Amendment) Act 2000 (as amended).

Fungal brackets growing on dead wood in semi-native woodland habitat








Table 5 Effects of Trenching on Habitats Directive Annex II Species

EU Code

Species Trenching Activity






1013

Vertigo geyeri

Geyer's Whorl Snail

Access & Egress

Potential exposure to hazard where activity may occur in calcareous flush-fens and tufa depositing springs particularly where populations are low and species restricted to small areas of habitat. Significant effects likely.

.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage to habitats with the potential to support this species- in order for EMD to be satisfied of no LSE.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise risk of potential alterations of hydrogeological regime, and pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.

Typically found in small areas where avoidance should be possible particularly where Petrifying springs with tufa formation are present.

Operation


Species groundwater dependent and extremely sensitive to hydrological changes. Significant effects likely.

Potential exposure to hazard where activity takes place within or adjacent a petrifying spring supporting this species. Significant effects uncertain.










EU Code







1014

Vertigo angustior

Narrow-mouthed Whorl Snail

Access & Egress

Potential exposure to hazard where activity may occur in marshy grassland springs particularly where populations are low and species restricted to small areas of habitat. Significant effects likely.



Operation .


Species groundwater dependent and highly sensitive to hydrological changes. Significant effects likely.

Potential exposure to hazard where activity takes place within or adjacent marshy grassland supporting this species. Significant effects uncertain.









EU Code







1016 Vertigo moulinsiana

Desmoulin's Whorl Snail

Access & Egress

Potential exposure to hazard where activity may occur in calcareous wetlands usually bordering lakes and rivers. Significant effects likely.



Operation


Species groundwater dependent and highly sensitive to hydrological changes. Significant effects likely.

Potential exposure to hazard where activity takes place within or adjacent calcareous wetlands supporting this species. Significant effects uncertain.


1024 Geomalacus maculosus

Kerry Slug

Access & Egress

Potential exposure to hazard where activity may occur near outcrops of red sandstone with boulders covered in lichens and mosses. Significant effects likely.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage

Operation








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to habitats with the potential to support this species- in order for EMD to be satisfied of no LSE.

1029

Margaritifera margaritifera

Freshwater Pearl Mussel

Access & Egress

Operation

Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near rivers supporting this species or tributaries flowing to such rivers. Significant effects likely.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.


1065 Euphydryas aurinia

Marsh Fritillary Butterfly

Access & Egress

Operation Potential exposure to hazard where trenching occurring where the food plant devil’s-bit scabious (Succisa pratensis). Signficant effects likely.










EU Code







1092 Austropotamobius pallipes

White-clawed Crayfish

Access & Egress

Operation

Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near rivers supporting this species or tributaries flowing to such rivers. Significant effects uncertain.



1095 Petromyzon marinus

Sea Lamprey

Access & Egress

Operation




1096 Lampetra planeri

European Brook Lamprey Access & Egress








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Operation




1099 Lampetra fluviatilis

European River Lamprey

Access & Egress

Operation




1102 Alosa alosa

Allis Shad

Access & Egress

Operation

Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near

Proposer of activity should provide further information on standard operating procedures to be followed to avoid








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rivers supporting this species or tributaries flowing to such rivers. Significant effects uncertain.

and/or minimise risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.

1103 Alosa fallax fallax

Twaite Shad

Access & Egress

Operation




1106 Salmo salar

Atlantic Salmon

Access & Egress

Operation

Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near









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rivers supporting this species or tributaries flowing to such rivers. Significant effects uncertain.


1303 Rhinolophus hipposideros

Lesser Horseshoe Bat

Access & Egress

Potential exposure to hazard particularly where activity may require the access into, or activity in proximity to a known roosting cave sites.

Activity potentially intrusive on a species highly sensitive to any human disturbance. Significant effects likely.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise potential disturbance to roosting bats in order for EMD to be completely satisfied of no LSE.

Typically this species uses cave sites for hibernation purposes (September to May inclusive) and it may be possible to carryout out activities at other times of the year subject to the findings of any bat surveys.

Operation


1349 Tursiops truncatus

Bottlenose Dolphin

Access & Egress

Operation









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1351 Phocoena phocoena

Harbour Porpoise

Access & Egress

Operation


1355 Lutra lutra

Eurasian Otter

Access & Egress Potential exposure to hazard particularly where activity requires the access to the channel of a watercourse or within 30m of river banks9.

Activity not significantly intrusive where species would abandon an area or its status is likely to be affected. Significant effects not likely.

Operation


1364 Halichoerus grypus

Grey Seal Access & Egress

Potential exposure to hazard where activity requires the access to haul-out and/or breeding sites.


9 General accepted standard protection zone around an otter holt or couch in the UK and Northern Ireland where it is deemed that a derogation licence is not likely to be required. However, where a natal den is present the protection zone may require a 150m protection zone.








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Operation

Activity potentially intrusive on a species sensitive to human disturbance. Significant effects uncertain.

and/or minimise noise and visual disturbance to this species in order for EMD to be satisfied of no LSE.

It should be possible to avoid any activity at haul-out / breeding sites where seals are present or maintain a minimum ≥200m stand-off (Wilson 2015) where seals are present.


1365 Phoca vitulina

Harbour Seal

Access & Egress

Potential exposure to hazard where activity requires the access to haul-out and/or breeding sites.

Activity potentially intrusive on a species sensitive to human disturbance. Significant effects uncertain.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise noise and visual disturbance to this species in order for EMD to be satisfied of no LSE.

It should be possible to avoid any activity at haul-out / breeding sites where seals are present or maintain a minimum ≥250m stand-off (Wilson 2015) where seals are present.

Operation









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1393

Drepanocladus (Hamatocaulis) vernicosus

Slender Green Feather Moss

Access & Egress

Potential exposure to hazard where activity may occur in upland base-rich springs / flushes and sedge fens where this species is present. Significant effects likely.



It should be possible to avoid activities in areas where this species of moss is growing.

Operation


Species groundwater dependent and extremely sensitivity to hydrological changes. Significant effects likely.

Potential exposure to hazard where activity takes place within or adjacent upland base-rich springs / flushes and sedge fens supporting this species. Significant effects uncertain.


1395 Petalophyllum ralfsii

Petalwort Access & Egress

Potential exposure to hazard where activity may occur in calcareous dune-slacks where this species is present. Significant effects likely.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage to habitats with the








EU Code







Operation

The excavation of a trench may intersect the flow of groundwater, impact on perched water tables, create new preferential groundwater pathways or exert a drainage influence on adjacent land which may affect localised hydrogeological conditions depending upon extent and depth of any trench and a variety of other environmental conditions. Significant effects uncertain

potential to support this species- in order for EMD to be satisfied of no LSE.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise risk of potential alterations of hydrogeological regime, in order for EMD to be satisfied of no LSE.

It should be possible to avoid activities in areas where this species of liverwort is growing.


1421 Trichomanes speciosum

Killarney Fern

Access & Egress

Potential exposure to hazard to activity where this species is present. Significant effects likely.


It should be possible to avoid activities in areas where this species of fern is growing.

Operation









EU Code







1528 Saxifraga hirculus

Marsh Saxifrage

Access & Egress

Potential exposure to hazard where activity may occur in upland base-rich springs / flushes and sedge fens where this species is present. Significant effects likely.



It should be possible to avoid activities in areas where this plant species is growing.

Operation


Species groundwater dependent and extremely sensitivity to hydrological changes. Significant effects likely.

Potential exposure to hazard where activity takes place within or adjacent upland base-rich springs / flushes and sedge fens supporting this species. Significant effects uncertain.


1833 Najas flexilis

Slender Naiad Access & Egress








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Operation Potential exposure to hazard where activity takes place on streams that outflow into lakes supporting this species. Significant effects uncertain.



1990 Margaritifera durrovensis

Nore Pearl Mussel

Access & Egress

Operation

Potential exposure to hazard and especially high rates of suspended solids and sedimentation where activity takes place near rivers supporting this species or tributaries flowing to such rivers. Significant effects likely.

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise risk of pollution, deterioration in water quality and sedimentation in order for EMD to be satisfied of no LSE.


5046 Alosa fallax killarnensis

Killarney Shad

Access & Egress

Operation

Potential exposure to hazard where activity takes place near waterbody or streams flowing to and outflowing









EU Code








into Lough Leane. Significant effects uncertain.









6.4 Special Protection Areas

Table 6 below provides an overview as to whether activities associated with Trenching are likely to have significant effects on individual bird species for which an SPA may be designated as being of European importance.

Where it is identified that there is a probable risk and the possibility or uncertainty of likely significant effects then further information is likely to be required by the EMD in making its determination. The level of information and details of standard operating procedures to be followed will have to be relevant for any activities and in relation to the individual qualifying bird species or assemblage of species concerned. The information will also have to be specific to the SPA which may be impacted upon.

Where no likely significant effects have been identified, but there is a risk of an adverse effect on sensitive features the EMD may require further information. The information required will be on a site by site basis, to be submitted by the applicant in order to completely satisfy EMD that the activities will have no likely significant effects on certain qualifying Annex I bird species.

Areas of influence are based on ‘safe-working’ distances around breeding sites, particularly in respect to those species listed as Annex I species of birds. This has been based on alert distances. The alert distance is a distance within which, due to disturbance, a bird may change its behaviour. Flight initiation is the distance within which, due to disturbance, a bird may be flushed or move away from the disturbance

source (Ruddock & Whitfield 200710). It is considered that a bird is sensitive to disturbance where any evidence suggests that displacement is likely to occur at a distance greater than 200m. Where a sensitive species is identified, further information will be required from the proposer of the exploration activity. The information will need to outline standard operating procedures to avoid and minimise effects on these species over and above standard measures for all other bird species.

Note that the use of mechanical excavators is likely to exceed the noise thresholds of 80dB LAmax and 55dB LAeq potentially up to a distance of 700m and noise suppression and/or setback distance will be required to ensure thresholds are not exceeded at sensitive sites (e.g. breeding, foraging, etc.). However, the potential effects will be dependent upon timing of the activity and the extent of any trenching activities.

10 Ruddock, M. and Whitfield, D. P. (2007). A Review of Disturbance Distances in Selected Bird Species. Natural Research (Projects) Ltd on behalf of Scottish Natural Heritage.








Table 6 Screening of Likely Significant Effects of Trenching on Birds Directive Annex I Species

EU Code







A001 Gavia stellata

Red-throated Diver

Access & Egress

Potential exposure to hazard during breeding season only but not likely to affect the fitness of any birds or their ability to breed. Significant effects not likely.

Potential exposure to hazard during breeding season with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) in order for EMD to be satisfied of no LSE.

Operation Potential exposure to hazard for freshwaters but not likely to affect the fitness of any birds or their ability to breed. Significant effects not likely.


A003 Gavia immer

Great Northern Diver Access & Egress

No potential exposure to hazard as over-wintering birds restricted to large open waterbodies and coastal waters. Significant effects not likely.

Potential exposure to hazard to over-wintering birds with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point

It should be possible to avoid any effects through the avoidance of activities at or in close proximity to Natura 2000 sites where species qualifies as migratory or over-








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Operation

source where machinery and plant is used and which may result in a change of behaviour. Significant effects uncertain.

Potential exposure to hazard for freshwaters but not likely to affect the fitness of any migratory and overwintering birds. Significant effects not likely.

wintering from beginning of October to end of March


A004 Tachybaptus ruficollis

Little Grebe

Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any birds or their ability to breed. Significant effects not likely.

Potential exposure to hazard during breeding season with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

Proposer of activity may be required to provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.



A005 Podiceps cristatus

Great Crested Grebe

Access & Egress No potential exposure to hazard as over-wintering birds restricted to large open waterbodies and coastal waters.. Significant effects not likely.

Potential exposure to hazard to over-wintering birds with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and

It should be possible to avoid any effects through the avoidance of activities at or in close proximity to Natura 2000 sites where species qualifies as migratory or over-wintering from beginning

Operation

Potential exposure to hazard for freshwaters but not likely to affect the fitness of any migratory








EU Code








which may result in a change of behaviour. Significant effects uncertain.

and overwintering birds. Significant effects not likely.

of October to end of March

A009 Fulmarus glacialis

Fulmar

Access & Egress

No potential exposure to hazard as breeding birds restricted to high up cliff faces. Significant effects not likely.

Potential exposure to hazard at night-time during breeding season with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage and disturbance to breeding habitats and human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) in order for EMD to be satisfied of no LSE.

It should be possible to avoid activities at known breeding sites during the breeding season.

Operation


A013 Puffinus puffinus

Manx Shearwater

Access & Egress Potential exposure to hazard during breeding season only where activities take place on off-shore islands with soft soils where burrows may be underground. Significant effects likely.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage and disturbance to breeding habitats and human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) in order

Operation








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for EMD to be satisfied of no LSE.


A014 Hydrobates pelagicus

Storm Petrel

Access & Egress

Potential exposure to hazard during breeding season only where activities take place on off-shore islands with soft soils where burrows may be underground. Significant effects likely.




Operation


A015 Oceanodrom leucorhoa

Leach’s Petrel Access & Egress

Potential exposure to hazard during breeding season only where activities take place on off-shore islands with soft soils where burrows may be

Potential exposure to hazard at night-time during breeding season with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage








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Operation

underground. Significant effects likely.

for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

and disturbance to breeding habitats and human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) in order for EMD to be satisfied of no LSE.



A016 Morus bassanus

Gannet

Access & Egress





Operation









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A017 Phalacrocorax carbo

Cormorant

Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident birds or their ability to breed. Significant effects not likely.

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.


It should be possible to avoid any effects through the avoidance of activities at or in close proximity to Natura 2000 sites where species qualifies as migratory or over-wintering from beginning of October to end of March.

Operation

Potential exposure to hazard for freshwaters but not likely to affect the fitness of any birds or their ability to breed. Significant effects not likely.


A018 Phalacrocorax aristotelis

Shag

Access & Egress




Operation








EU Code









A028 Ardea cinerea

Grey Heron

Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident bird or their ability to breed. Significant effects not likely.

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site




A037

Cygnus columbianus bewickii

Bewick’s Swan

Access & Egress

Potential exposure to hazard which may be significantly intrusive and have effects on wintering foraging and roosting habitat. Significant effects likely.

Potential exposure to hazard to over-wintering birds with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour. Significant effects uncertain.


Operation Potential exposure to hazard for freshwaters but not likely to affect the fitness of any migratory and overwintering birds. Significant effects not likely.


A038 Cygnus cygnus

Whooper Swan Access & Egress

Potential exposure to hazard which may be significantly intrusive and

Potential exposure to hazard to over-wintering birds with noise levels likely to exceed LAQMTG

It should be possible to avoid any effects through the avoidance of activities








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Operation

have effects on wintering foraging and roosting habitat. Significant effects likely.

09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour. Significant effects uncertain.

Potential exposure to hazard for freshwaters but not likely to affect the fitness of any migratory and overwintering birds. Significant effects not likely.

at or in close proximity to Natura 2000 sites where species qualifies as migratory or over-wintering from beginning of October to end of March. Abstraction & Return

A041 Anser albifrons

White-fronted Goose

Access & Egress




Operation Potential exposure to hazard to freshwaters but not likely to affect the fitness of any migratory and overwintering birds. Significant effects not likely.


A043 Anser anser

Greylag Goose

Access & Egress






A045 Branta leucopsis

Barnacle Goose Access & Egress

Potential exposure to hazard which may be significantly intrusive and


It should be possible to avoid any effects through the avoidance of activities








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Operation

have effects on wintering foraging and roosting habitat. Significant effects likely.


Potential exposure to hazard to freshwaters but not likely to affect the fitness of any migratory and overwintering birds. Significant effects not likely.

at or in close proximity to Natura 2000 sites where species qualifies as migratory or over-wintering from beginning of October to end of March. Abstraction & Return

A046 Branta bernicla

Light-bellied Brent Goose

Access & Egress

Potential exposure to hazard but not significantly intrusive to have any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.


It should be possible to avoid any effects through the avoidance of activities at or in close proximity to Natura 2000 sites where species qualifies as migratory or over-wintering from beginning of October to end of March



A048 Tadorna tadorna

Shelduck

Access & Egress




Operation








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A050 Anas penelope

Wigeon

Access & Egress




Operation


A051 Anas strepera

Gadwall

Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident birds or their ability to breed or any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.



It should be possible to avoid any effects through the avoidance of activities at or in close proximity to










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Natura 2000 sites where species qualifies as migratory or over-wintering from beginning of October to end of March.

A052 Anas crecca

Teal

Access & Egress





Operation



A053 Anas platyrhynchos

Mallard

Access & Egress Potential exposure to hazard but not likely to affect the fitness of any resident birds or their ability to breed. Significant effects not likely.

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery

Proposer of activity may be required to provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this

Operation Potential exposure to hazard to freshwaters but not likely to affect the








EU Code








and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

fitness of any migratory and overwintering birds. Significant effects not likely.

species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.

A054 Anas acuta

Pintail

Access & Egress






A056 Anas clypeata

Shoveler

Access & Egress Potential exposure to hazard but not likely to affect the fitness of any resident birds or their ability to breed or any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.



Operation

Potential exposure to hazard to freshwaters but not likely to affect the fitness of any migratory and overwintering birds.








EU Code








Significant effects not likely.


A059 Aythya ferina

Pochard

Access & Egress





Operation



A061 Aythya fuligula

Tufted Duck Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident birds or their ability to breed or any measureable effects on

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point

Proposer of activity may be required to provide further information on standard operating procedures to be followed to avoid and/or minimise








EU Code







Operation

wintering foraging and roosting habitat. Significant effects not likely.

source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.


human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.



A062 Aythya marila

Scaup

Access & Egress






A063 Somateria mollissima

Eider Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident birds or their

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr

Proposer of activity may be required to provide further information on standard operating








EU Code







Operation

ability to breed. Significant effects not likely.

threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE. Abstraction & Return

A065 Melanitta nigra

Common Scoter

Access & Egress

Potential exposure to hazard during breeding season only but not likely to affect the fitness of any birds or their ability to breed. Significant effects not likely.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) in order for EMD to be satisfied of no LSE.



A067 Bucephala clangula

Goldeneye

Access & Egress






A069 Mergus serrator

Red-breasted Merganser Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any

Potential exposure to hazard with noise levels likely to exceed LAQMTG

Proposer of activity should provide further information on standard








EU Code







Operation

resident birds or their ability to breed or any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.

09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.


A082 Circus cyaneus

Hen Harrier

Access & Egress

Potential exposure to hazard during breeding season where activities may take place on heathland and bogs with heather. Significant effects likley


Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of any potential breeding habitat in order for EMD to be satisfied of no LSE.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) or in the locality of known wintering roosting sites in order for EMD to be satisfied of no LSE.

Operation









EU Code







A098 Falco columbarius

Merlin

Access & Egress

Potential exposure to hazard during breeding season where activities may take place on heathland and bogs with heather. Significant effects Likely.



Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) or in the locality of known breeding sites in order for EMD to be satisfied of no LSE.

Operation


A103 Falco peregrinus

Peregrine

Access & Egress

No potential exposure to hazard as breeding and roosting birds restricted to high up cliff faces and foraging birds hunt on the wing. Significant effects not likely.


Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.

Operation









EU Code







A122 Crex crex

Corncrake

Access & Egress

Potential exposure to hazard during breeding season where activities may take place in hay meadows. Significant effects likely.



Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) or in the locality of known breeding site in order for EMD to be satisfied of no LSE.

Operation


A125 Fulica atra

Coot

Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident birds or ability to breed. Significant effects not likely.












EU Code







A130 Haematopus ostralegus

Oystercatcher




Operation


A137 Charadrius hiaticula

Ringed Plover

Access & Egress

Potential exposure to hazard during breeding season where activities may take place on bare ground and low vegetation. Significant effects likely.




Operation









EU Code







A140 Pluvialius apricaria

Golden Plover

Access & Egress

Potential exposure to hazard during breeding season where activities may take place in upland heathland, blanket bog and limestone grassland. Significant effects likely.



Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) or in the locality of known breeding sites in order for EMD to be satisfied of no LSE.

Operation


A142 Vanellus vanellus

Lapwing Access & Egress

Potential exposure to hazard during breeding season where activities may take place on cultivated land / short grass, wet grassland, fens, bogs and marshes where some bare ground is present. Significant effects likley.



Proposer of activity should provide further








EU Code







Operation

information on standard operating procedures to be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.


A143 Calidris canutus

Knot

Access & Egress




Operation


A144 Calidris alba

Sanderling

Access & Egress Potential exposure to hazard but not significantly intrusive to have any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.



Operation








EU Code









of October to end of March.

A148 Calidris maritima

Purple Sandpiper

Access & Egress




Operation


A149 Calidris alpina

Dunlin




Operation


A157 Limosa lapponica

Bar-tailed Godwit Access & Egress

Potential exposure to hazard but not significantly intrusive to have any measureable effects on


It should be possible to avoid any effects through the avoidance of activities at or in close proximity to








EU Code







Operation

wintering foraging and roosting habitat. Significant effects not likely.


Natura 2000 sites where species qualifies as migratory or over-wintering from beginning of October to end of March.


A160 Numenius arquata

Curlew

Access & Egress

Potential exposure to hazard during breeding season where activities may take place in upland heathland, blanket bog, hill pastures and hay meadows. Significant effects likley.




Operation


A162 Tringa totanus

Redshank Access & Egress

Potential exposure to hazard during breeding season where activities may take place in wet grassland, upland pastures and

Potential exposure to hazard to over-wintering birds with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to

Proposer of activity will need to provide further information on standard operating procedures to be followed to avoid and/or minimise








EU Code







Operation

lowland heathland. Significant effects likley.

700m from the point source where machinery and plant is used and which may result in a change of behaviour. Significant effects uncertain.

disturbance and damage of any potential breeding habitat in order for EMD to be satisfied of no LSE.



A164 Tringa nebularia

Greenshank

Access & Egress




Operation


A169 Arenaria interpres

Turnstone

Access & Egress Potential exposure to hazard but not significantly intrusive to have any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.



Operation








EU Code









of October to end of March.

A179 Chroicoephalus ridibundus

Black-headed Gull

Access & Egress Potential exposure to hazard but not likely to affect the fitness of any resident birds or their breeding ability or any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.



Operation


A182 Larus canus

Common Gull




Operation


A183 Larus fuscus

Lesser Black-backed Gull Access & Egress

Potential exposure to hazard but not likely to affect the fitness of any resident birds or their

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr

Proposer of activity should provide further information on standard operating procedures to








EU Code







Operation

ability to breed or any measureable effects on wintering foraging and roosting habitat. Significant effects not likely.

threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a change of behaviour and abandonment of a nesting site. Significant effects uncertain.

be followed to avoid and/or minimise human disturbance to this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE. Abstraction & Return

A184 Larus argentatus

Herring Gull




Operation


A188 Rissa tridactyla

Kittiwake

Access & Egress




Operation









EU Code







A191 Sterna sandvicensis

Sandwich Tern

Access & Egress

Potential exposure to hazard during breeding season only where activities take place on shingle and sand beaches and islands which affect the fitness of any birds or their ability to breed. Significant effects likely.


Proposed will need to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of any potential breeding habitat in order for EMD to be satisfied of no LSE.

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage and disturbance to habitats used by this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.


Operation



A192 Sterna dougallii

Roseate Tern Access & Egress

Potential exposure to hazard during breeding season only where activities take place on shingle and sand beaches and islands which affect the fitness of any birds or their ability to

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and

Proposed will need to provide further information on standard operating procedures to be followed to avoid and/or minimise disturbance and damage of any potential breeding








EU Code







Operation

breed. Significant effects uncertain.

which may result in a change of behaviour and abandonment of a nesting site Significant effects uncertain.


habitat in order for EMD to be satisfied of no LSE.




A193 Sterna hirundo

Common Tern

Access & Egress Potential exposure to hazard during breeding season only where activities take place on shingle and sand beaches and islands which affect the fitness of any birds or their ability to breed. Significant effects uncertain.



Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage and disturbance to

Operation









EU Code








habitats used by this species if activity to take place during the breeding season (March to end of August inclusive) to satisfy no LSE.


A194 Sterna paradisaea

Arctic Tern

Access & Egress

Potential exposure to hazard during breeding season only where activities take place on shingle and sand beaches and islands which affect the fitness of any birds or their ability to breed. Significant effects likely.





Operation










EU Code







A195 Sterna albifrons

Little Tern

Access & Egress

Potential exposure to hazard during breeding season only where activities take place on shingle and sand beaches and islands which affect the fitness of any birds or their ability to breed. Significant effects likley.





Operation



A199 Uria aalge

Guillemot

Access & Egress No potential exposure to hazard as breeding birds restricted to high up cliff faces. Significant effects not likely.

Potential exposure to hazard with noise levels likely to exceed LAQMTG 09 55dB LAeq,1hr threshold levels for up to 700m from the point source where machinery and plant is used and which may result in a

Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage and disturbance to habitats used by this species if activity to take

Operation








EU Code








change of behaviour and abandonment of a nesting site. Significant effects uncertain.

place during the breeding season (March to end of August inclusive) to satisfy no LSE.

A200 Alca torda

Razorbill

Access & Egress




Operation


A204 Fratercula arctica

Puffin

Access & Egress

Potential exposure to hazard during breeding season only where activities take place on off-shore islands and the tops of tall cliffs with soft soils where burrows may be underground. Significant effects likely.



Proposer of activity should provide further information on standard operating procedures to be followed to avoid and/or minimise damage and disturbance to habitats used by this species if activity to take place during the breeding

Operation








EU Code








season (March to end of August inclusive) to satisfy no LSE.


A229 Alcedo atthis

Kingfisher

Access & Egress






A346 Pyrrhocorax pyrrhocorax

Chough

Access & Egress




Operation









7.0 USE OF RESOURCES, WASTE PRODUCTION, NUISANCE & EFFECTS ASSOCIATED WITH TRENCHING

7.1 Use of Resources, Waste Production & Nuisance Associated with Trenching

Table 7 summarises the activities associated with Trenching and their use of natural resources, waste production and nuisance.

Table 7 Effects of Trenching: Natural Resources, Waste Production & Nuisance

Access & Egress Operation Abstraction

Use Of Natural Resources N/A N/A No likely significant effect.

Waste Production N/A N/A No likely significant effect.

Nuisance

No likely significant effect as this is a transient activity, lasting for days or weeks at the most, and only occurring once at each specific location.

No likely significant effect as this is a transient activity, lasting for days or weeks at the most, and only occurring once at each specific location.

N/A

It is considered that there are no significant effects with regard to the use of natural resources, waste production and nuisance arising from Trenching.

7.1 Likely Significant Effects of Trenching on Other Designated Nature Conservation Sites

The screening of likely significant effects from Trenching on Annex I Habitats, Annex II species and Annex I bird species can be used to determine the implications of any such activities on NHAs and pNHAs. As such, where effects are identified then further information may be required by the EMD in determining whether the proposed activity is likely to have any significant effects on any particular relevant NHA or pHNA.

Ireland’s Ramsar sites are wetland sites typically supporting many Annex I habitats which are predominantly of importance for wetland birds. Whilst some may be notable for other wetland flora and fauna especially invertebrates, where effects have been identified as likely or uncertain on qualifying Annex I habitats and/or Annex II species for which a SAC is of European importance, or individual qualifying Annex I bird species, then these will be transferable to Ramsar sites where these features are of international importance.

7.2 Likely Significant Effects of Trenching on Bog Habitats Outside Natura 2000 Sites

Ireland’s peatlands/bog habitats are of major national and international significance. Ireland’s blanket bogs (Atlantic Blanket Bog and Mountain Blanket Bog) represent 8% of the total global coverage of blanket bog11. The raised bogs are considered to be the best examples in the EU.

It must be noted that Trenching within bog habitats is rare in mineral exploration due to potentially unstable wet ground conditions and thick peat substrate making it difficult to access bedrock. However, it may occur within the shallow fringing ‘footprint’ of bog habitats.

11 Irish Peatland Conservation Council - http://www.ipcc.ie/a-to-z-peatlands/blanket-bogs/








Table 8, below, summarises the potential effects of Trenching on bog habitats.

Table 8 Summary of Trenching Activities and Their Effects on Bog Habitats

Primary Threats Access & Egress Operation Abstraction

Atlantic Blanket Bog

Reclamation, peat extraction, afforestation, over grazing, drainage, burning, erosion and landslides.

Significant effects uncertain.

Significant effects likely.

N/A

Mountain Blanket Bog

Reclamation, peat extraction, afforestation, over grazing, drainage, burning, erosion and landslides.

Significant effects uncertain.


N/A

Raised Bog Peat extraction, afforestation. Significant effects uncertain.


N/A

It is considered that certain activities associated with Trenching have the potential to have significant effects on bog habitats lying outside Natura 2000 sites. The proposer of any Trenching will have to demonstrate to EMD that the activities can take place without having a detrimental effect on individual bog habitats.

Classic peat profile at Clochar na gCon, Indreabhán, Co. na Gaillimhe








7.3 Likely Significant Effects of Trenching on Groundwater

Under the European Communities Environmental Objectives (Groundwater) Regulations, 2010 (S.I. No. 9 of 2010) certain types of direct discharge to groundwater may be permitted subject to prior authorisation “provided such discharges, and the conditions imposed, do not compromise the achievements of the environmental objectives established for the body or groundwater into which the discharge is made”.

Draft guidance for exploration drilling regarding discharge to groundwater was produced by the Exploration and Mining Division (EMD) in 2014. The guidance document outlines the procedures and risk assessments to be carried out for drilling to comply with groundwater regulations in Exploration Drilling – Guidance on Discharge to Groundwater (2014). Although trenching was not included, the guidance outlines a risk based approach, which determines the level of detail for the assessment (Table 9): Table 9 Risk Assessment to Comply with Groundwater Regulations (EMD, 2014)

Negligible Consider nature of activity and distances to receptors.

Stage 1 Basic assessment of aquifer properties. Examine zones of contribution to wells.

Stage 2 Assess travel time and groundwater velocities. Assess receptors and zone of contribution. Assess impacts of abstraction on surface water bodies.

Stage 3 Assess aquifer properties, permeability, flow direction, surface water abstraction impacts. Develop conceptual model.

Standard operating procedures are required for dealing with direct discharge down a borehole and indirect discharge at surface. In the EMD 2014 Guidance, it is recommended that a closed loop system is operated where drill water is recycled through sedimentation tanks or sumps. Other standard operating procedures may include: • using treated water as a drill water source; • using appropriate additives in broken or fractured bedrock to prevent ingress into the aquifer;

and • applying appropriate setback distances from wells and spring supplies. Although Trenching is not a Drilling activity, these recommended standard operating procedures should be considered for any Trenching activity (particularly where deep (>3m) Trenching may be planned) to protect shallow or perched aquifers.








8.0 CONCLUSIONS

SLR has carried out a comprehensive review of the relevant European and Irish legislation, regulations and guidelines. The review has included international best practice guidelines. The results of the review have been tabulated and are presented in Appendix 1.

The technique of Trenching has been broken into its constituent activities and each activity assessed against the results of the review. Particular attention has been paid to designated sites (SACs, SPAs and NHAs), and the habitats and species they have been designed to protect. Bog habitats have also been considered as being of particular importance.

The assessments have found that no significant effects on the environment are likely to result from Trenching, providing that the identified appropriate standard operating procedures are adopted and in line with EMD guidelines.

The guidance document provides an overview as to whether exploration activities associated with Trenching are likely to have significant effects on Natura 2000 sites. Where the possibility of significant effects occurring have been assessed as likely or uncertain, EMD must ensure that the proposer of any such activity provides all relevant information, including proposed standard operating procedures to avoid and/or minimise effects, to inform any screening assessment of likely significant effects, or where it will be necessary for a full Appropriate Assessment to be carried out.

Where effects are not likely to be significant in this guidance but there is a risk of adverse effects on a sensitive habitat or species, the EMD may require further information to ensure they are completely satisfied that any proposed exploration activities will have no likely significant effects.








APPENDICES








Appendix A

Summary: Environmental Guidance for selected Exploration Methodologies

including European and Irish regulations and legislation








Appendix B Bibliography








BIBLIOGRAPHY

Berkman, D. A. (2001). Field Geologists’ Manual, Monograph 9. AusIMM, Fourth Edition – 2001.

Besha, J. A. (1984). Glen Park Hydroelectric Project. Supplemental Report, Article 34: Indiana Bat Monitoring Requirements. James Besha Associates Consulting Engineers.

BirdLife International (2016) IUCN Red List for birds. Downloaded from http://www.birdlife.org on 15/11/2016.

Birdwatch Ireland. Irish Birds, Volume 7, Number 1 (2002).

DoEHLG (2010). Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities.

Environmental Protection Agency (2002). Guidelines on the information to be contained in Environmental Impact Statements.

Environmental Protection Agency (2003). Advice Notes on current practice (in the preparation of Environmental Impact Statements).

Environmental Protection Agency (2011). Guidance on the Authorisation of Discharges to Groundwater.

European Communities (2000). Managing Natura 2000 Sites.

European Communities (2002). Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites. Methodological Guidance on the Provision of Article 6(3) and (4) of the Habitats Directive 92/43/EEC. European Communities, Luxembourg.

Exploration and Mining Division (EMD). Exploration Drilling – Guidance on Discharge to Groundwater (2014). Provides guidance procedures and risk assessments to be carried out for exploration drilling to comply with groundwater regulations.

Geological Survey of Ireland & Irish Concrete Federation (2008). Geological Heritage Guidelines for the Extractive Industry.

Institute of Geologists of Ireland (2002). Geology in Environmental Impact Statements, A Guide.

Institute of Geologists of Ireland (2007). Recommended collection, presentation and interpretation of geological and hydrogeological information for quarry developments.

Institute of Geologists of Ireland (2013). Guidelines for the Preparation of Soils, Geology and Hydrogeology Chapters of Environmental Impact Statements.

National Roads Authority (2008). Environmental Impact Assessment of National Road Schemes – A Practical Guide.

National Roads Authority (2008). Guidelines on Procedures for Assessment and Treatment of Geology, Hydrology and Hydrogeology for National Road Schemes.

Fiehler, C. M., Cypher, B. L., and Saslaw, L. R. (2014). Effects of Geophysical Survey Energy Sources on Kangeroo Rat Abundance. Western Wildlife 1:28-32.






http://www.birdlife.org/



Harris, S. and Yalden, D. W. (2008). Mammals of the British Isles: Handbook, 4th Edition. The Mammal Society.

Irish Peatland Conservation Council - http://www.ipcc.ie/a-to-z-peatlands/blanket-bogs/

Kadane, J.B. (1990). Comment: Codifying Chance. In. Mosteller, F. and Youtz, C. (1990). Quantifying Probabilistic Expressions, Statistical Science, Vol. 5. No. 1, pp1-34.

National Parks and Wildlife Service (2014). Guidance to Manage the Risk to Marine Mammals from Man-made Sound Sources in Irish Waters. Department of Arts, Heritage and the Gaeltacht, Dublin.

Ormerod, L., Goodlad, N. and Horton, K. (2005). AQTAG09 – Guidance on the Effects of Industrial Noise on Wildlife. Air Quality Technical Advisory Group.

RAMSAR sites are wetlands of international importance designated under the Ramsar Convention. https://rsis.ramsar.org/ris-search/?f[0]=regionCountry_en_ss%3Aireland

Ruddock, M. and Whitfield, D. P. (2007). A Review of Disturbance Distances in Selected Bird Species. Natural Research (Projects) Ltd on behalf of Scottish Natural Heritage.

Scottish Natural Heritage (2013). Assessing Connectivity with Special Protection Areas (SPAs). Scottish Natural Heritage.

Wilson, C. (2015). The Impact of Human Disturbance at Seal Haul-outs – A Literature Review for the Seal Conservation Society. Seal Conservation Society.

Wilson, T. L. (2011). Effects of Seismic Exploration on Pygmy Rabbits. Natural Resources and Environmental Issues: Vol. 17, Article 7.

Further information is available from the Exploration and Mining Division of the Department of Communications, Climate Action and Environment:

See: http://www.mineralsireland.ie/Publications.htm

Relevant Regulatory Information

• Mineral Exploration in Ireland (2013) • New Terms and Procedures for Prospecting Licences under Minerals Development Acts, 1940 to 1995 (25 October, 1994)

Relevant Environmental Information

• Environmental Safeguards - the Irish Way (2006) • Guidelines for Good Environmental Practice in Mineral Exploration (2015) • Exploration Drilling - Guidance on Discharge to Groundwater (Draft 2014)






http://www.mineralsireland.ie/NR/rdonlyres/DD62A3EB-ABC7-46D9-8B5E-1BFFACEF6B9F/0/Exploration_inIreland_2016.pdf

http://www.mineralsireland.ie/NR/rdonlyres/99B6496C-66FF-4111-8341-B0CD10D6B3D0/0/New_terms_and_conditions_for_Prospecting_Licences.pdf

http://www.mineralsireland.ie/NR/rdonlyres/99B6496C-66FF-4111-8341-B0CD10D6B3D0/0/New_terms_and_conditions_for_Prospecting_Licences.pdf

http://www.mineralsireland.ie/NR/rdonlyres/31BB09A7-B141-48CC-9E58-FFB041E60D50/0/EnvironSafeguards06.pdf

http://www.mineralsireland.ie/NR/rdonlyres/07D92B91-B086-49B6-816A-BF0DFDAAEE75/0/GuidelinesForGoodEnvironmentalPractice_Final_Sept2015.pdf

http://www.mineralsireland.ie/NR/rdonlyres/74D196CB-CF9D-4A54-BF4A-95705EFD7F84/0/Guidance_Exploration_Drilling_FinalDraft.pdf

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