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Page 1

21 May 2019

Dear: An Bord Pleanála

Irish Water Environmental Protection Agency The Office of the Planning Regulator Wicklow County Council

As a resident of Ferrybank, and on behalf of and in consultation with the Ferrybank & Seaview Ave Residents Association (see Appendix 1 with submissions of Ferrybank & Seaview Ave Residents Association from 8 November 2018, from 22 January 2019, from 24 January 201), I am writing this letter. The letter is supplemented by a detailed response to ‘Chapter 15 – Water Environmental Impact Assessment Report (EIAR), Volume 2’. Chapter 15 is available at, www.arklowwaste.water.ie.1 Background – Training and Professional Career in Forestry

1. I grew up in West Cork, attended secondary school in Bandon, and entered as a trainee forester in Kinnity Castle in County Offaly in August 1967 for one year. Here I was trained in indoor and outdoor practical forestry work. Subsequently I undertook two years of training in Shelton Abbey, Arklow, County Wicklow. Training at Shelton Abbey consisted of indoor study and outdoor, hands-on experience as well as field trips in Arklow and in various locations within a 30 mile radius of Arklow town. 2. With these foundations, I worked for a further 43 years as a professional forester, specialising in forest management. Starting in 1970, I began in Kilkenny, then Kenmare Co Kerry, followed by Aughrim Co Wicklow, Letterkenny Co Donegal and finally back to Glenmalure in 1975 where I worked until I retired in 2013, 43 years later. I was a Forester-in-Charge in the Glenmalure, Glendalough, Roundwood, Aughrim, Tinahely, Aughavannagh, Avoca, Shelton, Glenart, and Goldmine River/Raheenleigh areas. This work covered the East Wicklow River Basement catchment area: an area of 36 square miles, from the Sally Gap, to Avonmore, Avonbeg, Ow, Derry, Aughavanngh, Avoca, Goldmine rivers. As part of my forestry work I dealt with flood risk management and river basin management plan, and consulted various EU regulations, including Water Framework Directives. 3. During those 43 years I encountered a range of issues, especially with respect to the environment. I became all too aware of erosion, landslides, siltation of waterways, damage to landowners by way of flooding. These issues had to be sorted in a sensitive and holistic manner. Erosion and flooding were the key environmental problems that I faced, particularly as Wicklow is one of the most mountainous counties in Ireland. Another more worrying development has been the advent of wind turbines sites, mainly at high elevations throughout Ireland. In Wicklow they of particular concern in relation

1 The availability of this report, and the other reports, was made known to me by Dr Emma Nyhan, Melbourne Law School, contactable on Emma.Nyhan@unimelb.edu.au.

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Letter

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to flooding and landslides. These coupled with climate change and global warming will cause major flooding in low-lying flood plain areas. Arklow is especially vulnerable as is Aughrim, Enniscorthy, to name but a few. 4. In sum, between my training and professional experience, I have gained a wealth of experience in dealing with all of the above-mentioned issues. Water was the most critical factor when drawing up EIAs for the multiple different forest operations being carried out over a 46-year period. I now feel I am well-qualified and knowledgeable to regard myself an expert in the field of environment management, including water management, in the region.

January 2019 Oral Hearings and Follow-Up with An Bord Pleanála

5. On 22nd, 23rd, and 24th of January 2019 I attended a three-day oral hearing held by An Bord Pleanála in the Arklow Bay Hotel. I had not received official notification prior to the meetings. I accidently found out about the meetings while browsing on my iPhone the previous evening. Numerous people at the meeting echoed the same views. In other words, many people had not received any official information or official notice about the meetings. 6. I listened to the various stakeholders and make oral submissions, on behalf of myself and the Ferrybank & Seaview Ave Residents Association. Over the course of the three days I became seriously and increasingly alarmed by some ill-founded submissions made by the stakeholders. My primary concern is with respect to the risk of flooding, which will significantly increase if this project is to go ahead. 7. Having mulled over the various oral submissions overnight, I decided to contact An Bord Pleanála to raise my concerns and fears about the project generally, and in particular the damage and harm it will inflict on Ferrybank/Seaview Avenue by way of major flooding. 8. Following the conversation with Fergal Kilmurray, I reiterated what I had submitted at the oral hearings by way of e-mail. This email addressed the lack of any meaningful consultation with the local residents, especially those who will be directly affected, the inherent flaws of EIA, and the huge risk of flooding during the construction and implementation of the WwTP. 9. I informed Fergal Kilmurray that had I known in advance what I would find out during the hearings I would have made an independent formal objection to the project going ahead. I feel myself and the rest of the Ferrybank and Seaview Avenue residents were undermined and disregarded throughout the process. The hearings in January are another example in the line of incidents that show the inadequate consultation and lack of public engagement. 10. My views on the oral hearings, the flawed EIA, and the consequence of the flawed EIA will increase the flood risk in the Ferrybank/Marsh/Seaview Avenue areas.

11. I have made submissions in relation to the proposed WwTP going right back to 2014, when the process for site selection began. My views have not unaltered since 2014. The site chosen is the least suitable of the three that were assessed.

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Chapter 15 – Water Environmental Impact Assessment Report (EIAR), Volume 2

12. I have read Chapter 15 repeatedly. Owing to my experience and knowledge of the local environs, I was shocked that the report was largely based on desktop studies. Given the report’s total failure to account for the history of flooding, recent empirical data and local knowledge, the WwTP plan can be deemed deficient. 13. A matter of imminent concern is how the report failed to address was the proposed use of Seaview Avenue to access the site during construction. Seaview Avenue was not constructed for heavy vehicular traffic, and will seriously disrupt and damage buildings along the Avenue. It also did not take into account of the elderly people who live along the Avenue. The Sports and Leisure Centre will also be impacted by the interference from the WwTP construction. 14. However flooding and increased risk of flooding as a direct result of this proposed plant is the major cause of concern for the Ferrybank/Seaview Avenue residents, including myself and my family. The detailed response provides information on the flooding risks. 15. Climate change, global warming and rising sea levels were barely addressed in Chapter 15, which stands in stark contrast to the recent reports concerning global warming and climate change, which follow in the footsteps of the Paris conference on Climate Change. 16. The previous application for a water waste treatment for Arklow, which resulted in Arklow residents going before the European Court to seek an adequate solution, was barely alluded to in this Chapter. Given this, I would have expected the alternative project would have been treated with a higher degree of sensitivity and local awareness. 17. Contrary to these expectations, the proposed project has been bulldozed through. Aggravating the situation, Irish Water have included a disclaimer, stating that minimal compensation will be paid to property -owners whose properties are damaged during the construction of the WwTP. 18. The planned approach by the engineers is also flawed. The temporary causeway, the permanent causeway, the SWO at the Alps site, and the lowering the river bed by 1m at Arklow Bridge will contribute to increased flooding in the Ferrybank/Marsh/Seaview Avenue areas, because there is no flood protection on the northern bank of the Avoca River.

Conclusion

19. Acknowledging the delay in addressing this body, I am writing to make a formal objection to the granting of planning permission, owing to the lack of proper consultation, the failure to inform the people most directly affected by the WwTP, and the issues that arise within Chapter 15. I have consulted the Ferrybank & Seaview Ave Residents Association and all affected residents ahead of submitting this document, including posting a flyer through letter boxes of affected residents (see Appendix 2).

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20. In light of the foregoing and the accompanying report, I would be grateful if youcould provide information in relation to the following questions:

• What if properties are devalued by the WwTP during and after construction?What body is going to be responsible for any damage/harm caused to propertiesand persons?

• If flooding occurs and house insurance will not be available to householders,who or what body will be accountable for the lack of household coverage?

• Why is Irish Water offering minimal compensation when it does not know thepossible damage that will occur?

• Why were local residents, who are directly affected, not contacted directly?• Why were documents, including Chapter 15, only available online when many

elderly residents have no access to computers or the Internet?• Why was the Senior Council advocating that the plant should be given the green

light and complemented a deeply flawed EIA? (This would suggest that theSenior Council is misinformed about the EIA.)

• Why was not more time given to this proposed project, due to the sensitivity ofthe previous application for a WwTP which ended up before a European Court?

• Further questions concern the site selection, the disruption to residents, possibledamage to buildings, lack of consultation, the issue of basing plans on desktopstudies.

In short I have very little faith in this plan and the oral hearings really brought this home. The oral hearings left many questions unanswered. The information in Chapter 15 submitted by the engineers was inaccurate. I suspect that there is an agenda to rush this plan through, possibly due to EU pressure and fines incurring. Yet, after 51 years living in Arklow and working in forestry for 43 years (and 3 years forestry training), my concerns about the WwTP are very real and professionally informed.

Nobody is more acutely aware of the need for a WWTP than the residents of Seaview Ave and Ferrybank who have had raw sewerage flowing through their homes on several occasions over the years in various flood events. More importantly they know they need for the implementation of the flood prevention measures for which Wicklow County Council have already received funding. It is a real fear that in the absence of said flood prevention measures this project will face stiff legal opposition from the residents and may end up being delayed indefinitely as happened with the last attempt to provide a WWTP for the town. It remains our opinion that this plant should be located elsewhere and flood prevention should proceed prior to or at least in tandem with the project, not afterwards as has been suggested.

I look forward to receiving a response.

Yours faithfully,

Con Nyhan

On behalf of and in consultation with the Ferrybank & Seaview Ave Residents Association

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The Secretary,

An Bord Pleanála,

64 Marlborough Street,

Dublin 1

Ferrybank & Seaview Ave Residents Association

FAO: Secretary, Bridget Kenny

Beachcrest

Seaview Ave

Co. Wicklow

Re: Planning Application to An Bord Pleanála in respect of a Strategic Infrastructure Development in

Arklow Co. Wicklow comprising: A Proposed Wastewater Treatment Plant, Interceptor Sewers &

associated Storm Water Overflows and Stormwater Storage Tank, Sea Outfall Pipelines, Upgrade to a

Section of the Coastal Revetment and so forth.

Our reference: FSARA-001-WwTP

08/11/2018

Dear Sir/Madam,

On behalf of the Ferrybank & Seaview Ave Residents Association we would like to make the following

observations and submissions in relation to the proposed Waste Water Treatment Plant in Arklow Co.

Wicklow.

1. The location of the proposed development is in our opinion completely inappropriate as the site

in question is on prime development lands in the middle of the town. The site is bordered on

one side by the beautiful Avoca River, on another by Arklow North beach and on another still by

a recreational area and designated National Natural Heritage area. The site also fronts onto

Appendix 1 Written Submissions of Ferrybank & Seaview Ave Residents Association

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Arklow North Quay and takes up a sizeable amount of prime dockside space. It is our view that

the proper use of this area would be a mixture of commercial and residential units with proper

quayside facilities for the needs of the maritime community, this especially in light of the

massive wind energy projects soon to be undertaken in the Irish sea, such quayside space would

be far better utilised by companies operating in the marine sector. There are far more suitable

industrial areas inland in the vicinity for this development and we can think of no country in

Europe where such prime Ocean front and River front real estate would be used to construct

such an unsightly building. While all of us in Arklow agree that the current practice of

discharging raw sewerage into the river is an abomination, the siting of this WWTP in such an

area is almost equally abominable.

2. There is a temporary road being built according to the application that leads directly into

Seaview Ave. This is an area with young families and elderly residents. It is also an area with

several recreational activities, swimming pool, running track, sports centre, play ground and

outdoor gym equipment. Our main concern is that the heavy construction traffic that will use

this road will have to go through this area to get onto the main road. The houses in this area are

built on sand and much of the associated drainage is of clay pipe construction. The residents had

many issues in the past with construction traffic and the sheer volume of what is being

proposed now is sure to cause severe structural damage to buildings and associated

underground services. Furthermore, the area is already heavily congested with vehicles of

Arklow residents who frequent the area for the many indoor and outdoor activities on offer and

also who now use it for free parking. If the proposed temporary road gets approval it will cause

traffic chaos, structural damage and also the nature of the asbestos waste which will be

transported away from the site has many residents very concerned. Several of the elderly

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residents there would suffer from pulmonary issues and the dust and fumes from this heavy

traffic would not be conducive to their health.

3. The above temporary road runs adjacent to a designated National Natural Heritage area and in

fact many of rare bird species there use the site of the temporary road for grazing and preening

and on any given day many flocks of birds can be seen there. While the site of the temporary

road may not fall within the Heritage area, it will surely cause massive disruption to the many

species of bird life that congregate there.

4. We find it quiet worrying on reading the Public Consultation Phase 3 report dated April 2018 in

what it states in section 3.7 in relation to submissions received. A total of 9 emails and 1 letter

were received it alleges in relation to an SID of this size and magnitude. When one considers the

public protests and marches that occurred in relation to the previous attempt to get a WWTP

built in Arklow this seems very strange and makes us wonder just how thorough the public

consultation was.

We hope that you will take the above submissions into consideration when making your decisions.

Sincerely yours,

Bridget Kenny. (Secretary, on behalf of Ferrybank & Seaview Ave Residents Association)

€50.00 Fee Enclosed.

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The Secretary,

An Bord Pleanála,

64 Marlborough Street,

Dublin 1

Ferrybank & Seaview Ave Residents Association

FAO: Secretary, Bridget Kenny

Beachcrest

Seaview Ave

Co. Wicklow

Re: Planning Application to An Bord Pleanála in respect of a Strategic Infrastructure Development in

Arklow Co. Wicklow comprising: A Proposed Wastewater Treatment Plant, Interceptor Sewers &

associated Storm Water Overflows and Stormwater Storage Tank, Sea Outfall Pipelines, Upgrade to a

Section of the Coastal Revetment and so forth.

Our reference: FSARA-002-WwTP

22/01/2019

Dear Sir/Madam,

Firstly, we would like to thank you inspector and ABP for organising this hearing and giving us this

opportunity to clarify several issues in relation to the WwTP. We would also like to thank WCC for

attending and also Irish Water for taking the time to answer all submissions and provide additional

details the project.

On behalf of the Ferrybank & Seaview Ave Residents Association we would like to make the following

further submissions in relation to the proposed WwTP in Arklow Co. Wicklow.

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In relation to the WWTP

The town of Arklow has been waiting not years, but decades for a WwTP all the while watching every

new generation being deprived of the amenity value of the lower reaches of the beautiful Avoca river

and the adjoining north and south beaches due to the danger of infectious disease from untreated

sewage in the water.

What seems also to be overlooked is that Ireland has just gone through 10 years of severe economic

austerity and many building projects and developments were halted for various reasons. The economy is

now greatly improved, the country is close to full employment and Arklow’s proximity to Dublin with it’s

motorway link where 2500 jobs were announced last week will make it an area of rapid development in

the years ahead. The town is an historic seaside town with a vibrant maritime history and the future of

that maritime association is set to continue with vast plans for wind energy and aquaculture in the Irish

sea directly off Arklow. The town planners have a chance to clear a very unsightly area of the town and

make it a vibrant social space that could be a model for many other seaside towns around the country

and beyond. Instead they are opting to locate this development, which will employ very few people

once complete, in this area.

Site Selection: We have listened to the witness statements from Irish Water and we can only agree with

them in respect of all the benefits this WwTP will bring to the town. However, we feel that the decision

to locate it in what should and will be the jewel in the crown of the maritime, residential and

recreational development of the town is the wrong one. This decision appears to be largely economic

and related to the additional costs of extra treatment and pumping if the IFI site or other were chosen; a

far more suitable option in our opinion. The areas adjacent to this site have or will have planning for

almost 200 residential units, several retail units and more to come possibly at the old Eirgas site. The

planned site with a prime view over Arklow bay should be used in our opinion as a mixture of office,

retail, residential, marine/industrial and recreational uses. The excuses being given that the planned

development will be an improvement of what currently exists is without merit in the extreme and such

statements are more a reflection on the lack of proper planning and vision for the town.

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The implications for the future residents of the 200 planned residential units adjacent to this site and

the users of the many recreational facilities, running track, gym, pool, and promenade is very worrying.

Not only will they be deprived of one of the best sea views in the town, they also face the prospect of

compromised air quality and the omnipresent realisation that they are living or exercising within a stone

throw of the town’s entire sewage output. As with all mechanical systems, failure is inevitable. Despite

all the assurances given, such failures are accepted as a consequence of progress, but when they happen

in a built-up residential area, the effects can be catastrophic. The need to have these systems located

away from residential dwellings is paramount.

Considering that suitable sites exist locally in extensive industrial zones where there would be minimum

traffic disruptions, few objections and none of the above issues, we find it inconceivable that Irish Water

have pursued their current trajectory and the earlier submissions from various parties which we will not

reiterate shine light on the many flaws of what seems a very wrong decision.

Potential effects on Flooding: Due to the devastating effects on flooding that the residents have

suffered over the years, the prospect of any development that can increase the likelihood of that,

regardless of how small that is, is unacceptable. When one has had 2 feet of water contaminated with

raw sewage flowing through their home, this prospect is indeed dismal. We would like to see the flood

defence measures implemented by WCC before or in conjunction with this project and we do appreciate

they are separate projects. The interceptor sewers have to be built and are welcomed, but we cannot

accept any increase in the severity of a flood event.

Need and Overview of the development: No one disagrees with the need for this WwTP and Irish Water

in their witness statements kept reiterating this. We found it disconcerting to hear that this derelict site

would be greatly improved by the WwTP. This derelict site would not exist if the crash of 2008 had not

happened and if the town had a proper WwTP for the last 20 years in a more suitable location as was

intended.

Architecture: The comparison by the architects of the proposed development to the existing site is

incorrect in our opinion. This is akin to comparing medieval surgery to modern neuroscience. Anything

would be an improvement on the current site. However, to suggest that this WwTP will continue to be a

part of the fabric of the community and to compare it to the previous industries on the site is indeed

optimistic. Previous industries at this site employed hundreds if not thousands of workers from the town

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and the site was a part of the vibrant economic heart of the town. This fully automated WwTP with 3-5

staff cannot be compared to that.

Landscape and Visual Issues: Many of the residents walk along the revetment regularly to the north pier

head. Local artists also visit here to collect drift wood and other items for various projects. Maintaining

access and a right of way along the revetment is very important to the residents. We require assurance

that no attempts will be mad to block access should the project go ahead.

Human Health & Safety Issues: This witness statement was stating the obvious. Nobody knows better

the ‘do nothing scenario’ than the residents of the area. We have been living with this scenario for

decades. Furthermore, to suggest that asbestos exposure is not a serious risk for elderly residents or

that their lives are not as valuable as younger people is quite worrying. We are happy that the asbestos

will be removed according to best practice and current regulations, but other health issues remain for

many of the residents and in particular our elderly residents. We would like to know the chemical

composition of the actual odour gases that Irish Water have described in their various statements. We

also want further clarification on the concentrations and nature of odour gases from the vents and the

stacks. This is particularly worrying considering this WwTP is proposed in an area where people come to

walk and get fresh sea air, and to exercise on the adjacent running track which is set to get a massive

muti-million Euro facelift in the near future. This facility may end up hosting national or international

sporting events and the prospect of sewage odour in the air at such an event would be an unimaginable

embarrassment for the town.

The Seaview Ave area also hosts outdoor gym equipment and kids play grounds. Many families frequent

the area daily, so the prospect of sewage odour and traffic diversions is again a real problem and safety

issue in that respect.

Biodiversity and habitats: Please view the you tube clip.

https://www.youtube.com/watch?v=Uqekw46OTUI

This is a murmuration of thousands of starlings, Sp: Sturnus vulgaris, over the marsh area of the town.

This is one of the wonders of the natural world and an incredible asset to the natural heritage of the

town. These starlings roost at the wallboard site regularly. They have not been mentioned in the EIAR.

Can anything be done on the roof of the building which has no solar array, to facilitate their continued

roosting should the project go ahead?

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In relation to the outfall pipe, should this project go ahead at this site, we would like to see Irish Water

possibly mitigating against the damage caused to the seabed, by participating in some of the oyster reef

and kelp forest restoration initiatives being discussed with WCC and the Marine Working Group for

County Wicklow. These systems can help further cleaning of the discharge water and increase marine

biodiversity.

In relation to the proposed access road planned for Seaview Ave. Traffic and Transportation.

1. The residents here have chosen to live and create a community in a quiet cul-de-sac close to

wildlife and our natural heritage. The area has seen a very significant increase in traffic over the

years as its recreational amenity value has been highlighted, promoted and enhanced by the

local authority. This has resulted in massive increase in traffic. There is also an increase in

commuters parking in the area to avoid parking fees elsewhere in town. This too is adding to the

congestion on Seaview Ave in particular. The residents have been very patient and

understanding in relation to all this but now the prospect of several years of traffic chaos is a

step too far.

2. The residents in a meeting on the 21/01/2019 unanimously voted in favour of having no access

road opened onto Seaview Ave and are vehemently opposed to same. The area is a common

law jurisdiction and the residents will reserve their rights under same.

3. In circa August 2004 residents met with the developers of Bridgewater Shopping Centre and

were given assurances that no roads would ever be opened onto Seaview Ave for Bridgewater

traffic, then or in the future for any reasons whatsoever, in exchange for residents dropping

objections to same plans at the time. This agreement is being forgotten and the residents are

being asked to facilitate Bridgewater traffic for an undisclosed timeframe. Annex 1 & 2 contain

details of the newspaper article relating to this agreement. The majority of the traffic from this

diversion will undoubtedly be from Bridgewater.

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4. There has been zero consultation with the residents in relation to the planned road or the traffic

management plan during the construction. Neither the project managers or the Arklow

Municipal engineer contacted residents with any information and instead submitted reports

saying there were no issues with what is being proposed.

5. Several residents have proposed alternatives for traffic management in the unfortunate

scenario that this WWTP is approved but have had no chance to be heard before now.

6. Seaview Ave has a 3-ton traffic weight restriction. If permission were given to allow HGV’s to use

the avenue, then Irish Water would be compelled to break the law. However, in their witness

statement they say the weight restriction will be temporarily removed. Are we to allow our

dwellings to be temporarily damaged by HGV traffic? Irish Water have not commented on our

previous submission in relation to the dwellings in the area being built on sand and that damage

to both dwellings and associated clay pipework is of grave concern. The 3 ton restriction was

implemented to protect the dwellings in the first place so we don’t see how this lifting of this

weight restriction can be done so flippantly.

7. The residents have the right to the quiet enjoyment of their property in Law.

8. As many of the dwellings are on unregistered land, there are many issues with rights of way and

property boundaries that the residents have resolved and mitigated over the years. They do not

appreciate being treated in this manner and these same rights of way are being revisited to see

the legality of this plan.

9. At this stage we assume all procedures, directives, laws, best practices and so forth were

followed in the course of this planning application. We will continue to check the planning

application and all future developments.

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We hope that you will take the above further submissions into consideration when making your

decisions.

Sincerely yours,

Stephen Kavanagh. (Chairperson, on behalf of Ferrybank & Seaview Ave Residents Association)

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The Secretary,

An Bord Pleanála,

64 Marlborough Street,

Dublin 1

Ferrybank & Seaview Ave Residents Association

FAO: Secretary, Bridget Kenny

Beachcrest

Seaview Ave

Co. Wicklow

Re: Planning Application to An Bord Pleanála in respect of a Strategic Infrastructure Development in

Arklow Co. Wicklow comprising: A Proposed Wastewater Treatment Plant, Interceptor Sewers &

associated Storm Water Overflows and Stormwater Storage Tank, Sea Outfall Pipelines, Upgrade to a

Section of the Coastal Revetment and so forth.

Our reference: FSARA-003-WwTP

Delivered by hand to inspector at oral hearing, Irish Water and Wicklow County Council.

24/01/2019

Dear Sir/Madam,

In the aftermath of the 2-day oral hearing we had some further observations that we would like to have

entered into the record and considered in the event that the proposed development is given approval at

the proposed site.

Odour: As you are aware the issue of odour is one of the major concerns for the residents of Seaview

Ave and Ferrybank and I would also assume anyone using the adjacent sports facilities and amenities.

One part we strongly object to is the frequency of the exceedances described in the witness statement.

This is unacceptable to the residents and hugely compromises the quality of their environment.

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On examining the drawings, we note the proposed structure is 16.5m high. We cannot ascertain if the

odour comes for a particular building or some combination of them or from them all. One also assumes

that the gases from the plant emanate from some kind of outlet vents on the roof or roofs of the

building(s) as we can’t see any chimney stacks in the drawings. We are also assuming that the higher up

these outlet vents are the lower the frequency of the exceedances. There is a 44m high chimney

currently at the old wallboard site. This is to be taken down as its life has come to an end. However, we

assume this site now has a planning precedent set for a chimney of that height. That chimney has also

been a part of the Arklow skyline for the entire living memory of most of the residents. We would like

Irish Water to consider running the model again with a new chimney as part of the building design and

channelling all the outlet odours into it for discharge at the 44m height. It seems probably that a near

tripling of the outlet height would drastically reduce the chance and frequency of exceedances.

Furthermore, in terms of the architecture witness statement we heard, this measure could also go a

long way to weaving this building into the fabric of the community as large chimneys are usually a

powerful reminder of a town’s industrial heritage.

Lastly in relation to odour, we would like Irish Water to lets us know if the they have a similar (36,000)

secondary stage plant somewhere in Ireland that some of the residents could visit to help with our

understanding of what is being proposed.

Waste water outlet: We note in Counsel for Irish Waters closing remarks that the criteria for which the

waste water outfall was assessed on (Bathing Water Quality Regulations 2008) used Clogga Beach as the

nearest beach that would/could be affected. Many Arklow residents and tourists use the South Beach

and in particular a smaller beach known locally as ‘The Cove’ for swimming and other water activities.

Indeed, the St Stephens Day charity swim which attracts 100’s of swimmers takes place on South Beach

Annually. There is also a small patch of beach at low tide on what was the north beach but is now the

rock armour revetment directly at the end of Seaview Ave and about 100m north. Further north just

south of Porters Rocks and at the end of the revetment the beach reappears and many locals and

residents of the caravan park swim here also. All of these beaches are considerably closer to the outfall

than Clogga Beach. Perhaps it might be prudent to run the model again using those beaches to make

sure there will be no issues with e-coli, faecal coliforms or other pathogens. This would create certainty

in relation to further treatment. A number of very hardy residents swim at these locations year-round

but when the WwTP is operational this number will most likely increase. The anticipated population

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increase in Arklow over the coming years will also see many more bathers at these locations year-round

and in the summer months.

Furthermore, as Wicklow County Council has manned lifeguard stations at South Beach and The Cove

during the summer months, this may be a health and safety at work issue and could possibly expose the

council to employer liability if their employee’s health is endangered.

We thank the inspector for considering these further remarks in his assessment as we would like to

assure all involved that our only aim is to make sure this development guarantees the best possible

outcome for the people of Arklow. Irish Water may contact us at the above address.

Sincerely yours,

Stephen Kavanagh. (Chairperson, on behalf of Ferrybank & Seaview Ave Residents Association)

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Dear Ferrybank and Seaview Avenue residents and friends,

Although the time limitation to make submissions with respect to the construction of the Waste Water Treatment Plant (WwTP) has passed, I have decided to make a late submission as a result of the information that came to light in the public meeting in January 2019.

The submission addresses the risk of flooding in the Ferrybank, Marsh and Seaview Avenue areas during and after the construction or the WwTP. It specifically responds to ‘Chapter 15 – Water’ of the Environmental Impact Assessment Report (EIAR), Volume 2 (available at www.arklowwaste.water.ie). Members of the Ferrybank and Seaview Avenue Residents Association have already received an electronic copy of the submission. To those who have provided feedback, I would like to thank you. You will receive an updated version via email in the next couple of days.

For those who are not a member of the Ferrybank and Seaview Avenue Residents Association, I am happy to send you an electronic copy of the submission. Please email me on connyhan1@gmail.com for a copy.

Many thanks,

Con Nyhan

Dear Ferrybank and Seaview Avenue residents and friends,

Although the time limitation to make submissions with respect to the construction of the Waste Water Treatment Plant (WwTP) has passed, I have decided to make a late submission as a result of the information that came to light in the public meeting in January 2019.

The submission addresses the risk of flooding in the Ferrybank, Marsh and Seaview Avenue areas during and after the construction or the WwTP. It specifically responds to ‘Chapter 15 – Water’ of the Environmental Impact Assessment Report (EIAR), Volume 2 (available at www.arklowwaste.water.ie). Members of the Ferrybank and Seaview Avenue Residents Association have already received an electronic copy of the submission. To those who have provided feedback, I would like to thank you. You will receive an updated version via email in the next couple of days.

For those who are not a member of the Ferrybank and Seaview Avenue Residents Association, I am happy to send you an electronic copy of the submission. Please email me on connyhan1@gmail.com for a copy.

Many thanks,

Con Nyhan

.

Appendix 2 Flyer sent to Ferrybank and Seaview Avenue

Residents on 19 May 2019

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Page 1

Chapter 15 – Water Environmental Impact Assessment Report (EIAR), Volume 21

Response of Mr Con Nyhan, on behalf of and in consultation with Ferrybank and

Seaview Avenue Residents Association 15.2 Assessment Methodology 15.2.1.1 Hydrology and Water Quality “The hydrological assessment has considered the likely significant effects of the proposed development on surface water courses and hydrological features in proximity to the proposed development during construction and operation. This includes in particular, the Avoca River and Estuary, the Irish Sea and the Arklow Town Marsh proposed Natural Heritage Area (site code 001931- Refer to Chapter 11 for further information)” “A hydraulic assessment of the proposed interceptor sewer ( including the temporary causeway required during construction) and associated encroachment in the river channel has also been undertaken by Hydro Environment (Refer to Appendix 15.2)”

Reply: The encroachment of a temporary causeway in the river channel, which is required during construction, is likely to cause major flooding in the Ferrybank/Marsh/Seaview Avenue. They areas are low-lying and have no flood protection. Any interference with the river channel, however small or temporary, with this causeway will have a major impact on the river channel and will cause an increase in the risk of flooding in the Ferrybank/Marsh/ Seaview Avenue areas. The construction of the temporary causeway will involve filling the river channel with substantial fill material in order to take heavy construction material which will affect the major flows through the river channel. The assessment by Hydro Environmental is flawed and did not consider all factors that are likely to cause major flooding of the Ferrybank/Marsh/Seaview Avenue areas.

“SWO performance assessment was carried out to assess its impact on the Avoca River in accordance with the requirements in the Irish Water Standard.”

Reply: The SWO assessment, which was carried out to assess the impact of storm water overflow in the Avoca River, was based on a computer model. Similarly, a Time Series Rainfall (TSR) amounts to a desktop exercise. No empirical data or local knowledge was collected, which has exacerbated the concerns and fears of the residents of Ferrybank and Seaview Avenue with respect to the risk of major flooding. As noted already, the temporary causeway and associated encroachment in the river channel will likely cause serious flooding in the Ferrybank/Marsh/Seaview Avenue areas.

1 The report is available at, www.arklowwaste.water.ie. The availability of this report, and the other reports, was made known to me by Dr Emma Nyhan, Melbourne Law School.

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15.2.1.2 Coastal Processes “The assessment consists of a desktop study of the site metocean conditions (including metocean, tidal levels, extreme sea levels, currents, wind, and wave data) ground conditions and environmental constraints, as well as any other as well as any other relevant historical information and aerial photographs.”

Reply: As this is a desktop exercise and no contemporary empirical data was collected for this specific report, it is of limited value. It also leads to an assumption that the current factual situation has not been adequately factored in and was not backed up by the most recent factual data. Given the basis of the information, it can be seen to be a challenge to find local support, especially among residents most directly affected in Ferrybank, Seaview Avenue and the Marsh. The coastal storm surges and conditions always cause flooding upstream in the Avoca River, more especially in the Marsh area, which is a pNHA and an area where there are no flood defences. The annual high spring tides from October to March combined with (1) east wind, (2) continuous heavy rain, and (3) the thawing of mountain snow create conditions whereby the flooding of Ferrybank, Seaview Avenue and the Marsh, including properties in these areas, regularly occurs. I have experienced fifty-one years, which includes 48 years of professional exposure, such weather conditions. Desktop exercises cannot be relied because they are based on either computer generated modelling or else on pre-existing reports. They do not allow for the input of local knowledge or incorporate the latest empirical data

15.2.1.3 Flood Risk “As outlined in Section 15.2.1.1, hydraulic modelling and two reports have been prepared by Hydro Environmental and Byrne Looby to assess flood risk from the sewer network within Arklow (Refer to Appendix 15.3 and Appendix 15.4 respectively)” “A flood risk assessment (Appendix 15.6) has considered the likely significant effects of the proposed development on food risk at the WwTP site. Flood risk from multiple sources have been considered including coastal/tidal flooding, fluvial flooding, pluvial flooding and groundwater flooding, as well as the potential risk of a breach of the revetment at the WwTP site.”

Reply: The study area failed to take into account upstream developments such as wind turbines in the Goldmine/Rahenleeigh areas, as well as proposed plans for additional wind turbines that are likely to increase the flood risk in the Avoca River catchment area, and by extension possible flooding in Arklow town. Forestry developments, agricultural developments, industrial developments and poor planning negatively affect the flood risk to Ferrybank/Seaview Avenue. The most recent developments include the infill at the Chemical Factory adjacent to the Avoca River, the developments at the GAA grounds buildings and pitches and 15 foot high wall right close to the River Walk

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pathway, the building of the Gaelscoil (also built on the river flood plain), the construction of parking on Presbyterian Church grounds, the construction of playground encroachment (approximately 100m x 100m onto the Marsh north of the Avoca River), the recent building of two private houses also encroaching onto the Marsh area. The construction of Bridgewater Shopping Centre, Aldi supermarket, Marine Apartments and other recent developments, and the proposed future developments on an old municipal dump on the North Quay will seriously increase the flood risk. In light of these developments, no further planning permission should be granted on the old municipal dump on North Quay. The revetment at the proposed WwTP site will be inadequate to prevent flooding along the North Beach to Porters Rock. The two reports refer (Appendix15.3 and Appendix 15.4) by Hydro Environmental and Byrne Looby contains serious flaws, as outlined in this response. The figures and data simply do not measure because, firstly, the scope of the modelling is too narrow and, secondly, the failure to factor in upstream, which alters the flood plain of the Avoca River.

15.2.2.5 The Planning System and Flood Risk Management Guidelines for Planning Authorities “In November 2009, the (then) Department of Environment, Heritage and Local Government and the Office of Public Works jointly published their Guidelines. The aim of the Guidelines is to ensure that flood risk is neither created nor increased by inappropriate development.” “The management of flood risk is therefore a key element of any development proposal in an area of potential flood risk and should therefore be addressed as early as possible in the site master planning stage”

Reply: I attended the consultation meetings where voiced my concerns about flood risks and made submissions on the same at the pre-planning stage. While these concerns have been partially addressed, they do not adequately address the flood risk in the Ferrybank/Marsh/Seaview Avenue areas. No consultation took place to ascertain local knowledge from residents going back generations about the history of flooding in the Ferrybank/Marsh/Seaview Avenue areas. Failure to meet and engage with residents, who will be directly affected by the developments associated with the construction and operations of the WwTP, is a major flaw in this process. Desktop studies are of little use if contemporary empirical data is not incorporated. Local knowledge of the area, which not only correct many of the errors contained in the report but would also encourage local involvement and get the locals on board.

15.2.6.1 Water Quality “A desktop study of relevant water quality data has been undertaking to obtain information on existing surface water quality within the study area”

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Reply: Once again there is no contemporary empirical data to support this desktop study, suggesting that this report lacks factual accuracy and is of questionable relevance.

15.2.6.2 Hydrological regime “The drainage characteristics of the existing environment were obtained through a desktop study utilising existing topographical surveys to establish the existing drainage routes and storage areas within the study area” “A desktop study was undertaken establish the base line information for the study in relation to flooding and the hydrological regime. Previous flood that have been reviewed include National Preliminary Flood Risk Assessment (PFRA) and the current fluvial extent maps. Further, the Strategic Flood Risk Assessment Report produced for Arklow LAP [Local Area Plan] was reviewed with regard to existing and predicted flooding within the study area.”

Reply: The Strategic Flood Risk Assessment Report for Arklow LAP is incomplete and presents serious flaws. The EIA for the Arklow LAP concerning flood risk did not take into account upstream developments, such as the construction of wind turbines and developments in forestry, agriculture and industry, all of which are likely to increase the flood risk in the Avoca River flood plain and will culminate in downstream flooding in Arklow. Moreover, climate change and global warming have been scarcely referred to in the EIA. The EIA for the Wicklow County Development is similarly flawed since it does not take into account upstream developments such as wind turbines, forestry developments, agricultural developments, industrial developments. Likewise, climate change and global warming have been scarcely referred to in the EIA. As such, recent and future developments will put huge pressure on the flood plain of the Avoca River, with potential grave damage to properties in Ferrybank, The Marsh and Seaview Avenue. The EIA of both plans (i.e. Arklow Town Plan, and Wicklow County Development Plan) contain serious flaws. The data taken from both these plans was employed in drawing up the EIA for the WwTP. This sizeable document failed to take into account the range of factors and therefore undercuts the content of the report and its use with respect to the construction and operations of the WwTP. A desktop study to establish the baseline information for the study area in relation to flooding and the hydrological system, is of limited value, especially in trying to ascertain the risk and likelihood of flooding. In light of the above, it is a challenge to accept the accuracy and substance of the EIA for the Arklow WwTP. To reiterate, there is minimal, if any, contemporary empirical data or input of local knowledge. This is a recurring theme in this report.

15.2.6.4 Flood Risk “A desktop study was undertaken to establish the baseline information for the study in relation flood risk. The information with respect to flood risk considered various flood studies including the National Preliminary Flood Risk Assessment(PRFA), Irish Coastal Protection Strategy Study (ICPSS), and the Eastern Catchment Flood Risk Assessment

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and Management Study (Eastern CFRAM) flood maps and reports. The Strategic Flood Risk Assessment Report produced as part of the Arklow LAP was also reviewed with regard to existing and predicted flood within the area.”

Reply: As part of the desktop exercise, the Strategic Flood Risk Assessment produced as part of the Arklow LAP contains serious flows. The EIA for this plan is incomplete as the flood risk associated with the plan did not take into account all the upstream activities e.g. the effects of wind turbine construction and developments in forestry, agriculture and industry. Climate change and global warming were scarcely alluded to in the EIA. All these developments are likely to increase the flood risk in the Avoca River flood plain, culminating in flooding of low-lying areas in Arklow, in particular the Ferrybank/Marsh/Seaview Avenue areas. Similar to the EIA Wicklow County Development Plan and now the EIA for the Arklow WwTP, the EIA for the Arklow Town Plan contains inaccuracy and therefore lacks validity.

15.2.7.1 Hydrological Regime and Drainage “The assessment considers the proposed development and how relevant aspects have potential to change characteristics and thus the drainage and flood characteristics of the study area.”

Reply: Hydraulic modelling and the sewer network was carried out using Infoworks Software Program to assess the performance of the existing sewer network for flooding. The frequency of flooding has been steadily increasing. Climate change and global warming were not adequately factored into the EIA for this project. Furthermore, hydraulic modelling is a desktop exercise employed to assess flood risk but it is not supported by contemporary empirical data and local knowledge.

15.2.7.3 Coastal Processes “The coastal processes assessment uses desk-based study of the historical evolution of the coastline within the study area.” “The Impact assessment methodology has categorised the likely significant effects during construction and operation of the proposed development in accordance with overarching EIA guidelines”

Reply: No empirical research was undertaken in relation to the coastline, with the exception of studies in wave modelling and empirical formulae. The EIA is incomplete and does not adequately cover issues that may arise during construction of the WwTP. It is also incomplete since it does not fully address upstream developments, such as the construction of wind turbines which will greatly increase the flood risk in the flood-plain of the Avoca River, in particular in the Ferrybank/Marsh/Seaview Avenue areas. The proposed construction and operation of this development is in accordance with a defective EIA. Therefore, this proposed development is in contravention of EU regulations, especially in relation to flood risk (see the summary below).

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15.2.7.4 Flood Risk “Flood risk has been assessed by determining the baseline conditions (fluvial and coastal flood extents) and establishing the likely significant impact of the proposed development on flood risk.” “For the site of the WwTP a desktop study is sufficient to assessment the likely significant effects of the proposed development” “The baseline data has been used to establish flood routes, levels, and storage area within the study area”

Reply: This amounts to a further desktop exercise and does not sufficiently assess the major effects of the proposed development. This proposed development will significantly impact and increase the flood risk in the Ferrybank/Marsh/Seaview Avenue areas. Flood risk has not been properly tackled in this proposed project. Failure to discuss and tap into local knowledge of Arklow residents in order to assess the history of flooding in the Avoca flood-plain, including its frequency and damage caused, indicates that the EIA contains serious flaws. Furthermore, failure to tap into the local knowledge of the maritime history of Arklow town is another serious shortcoming of the proposed development.

15.3 Baseline Conditions 15.3.2.1 Hydrological Regime “It should be noted that Ferrybank is impacted by fluvial rather than tidal flooding. Flooding occurs in Ferrybank when floodwater exits the Arklow Town Marsh.”

Reply: The aforementioned statement is factually incorrect. It highlights the lack of knowledge of the authors of this plan. The Avoca River is tidal upstream towards Woodenbridge Golf Club. Flooding occurs as a result of a combination of factors but essentially by high spring tides, backed by south east winds, combined with very heavy rainfall and, the thawing of heavy mountain snow. Such flooding invariably leads to serious flooding and damage to property.

“The estuary upstream of the Arklow Bridge has steep banks and is heavily wooded with large trees on both sides of the banks. Downstream of Arklow Bridge is prone to tidal flooding” “This area experiences periodic flooding from significant tidal events.”

Reply: The report only addresses periodic flooding that occurs downstream from Arklow Bridge. However, the report fails to mention flooding that occurs upstream from Arklow Bridge and specifically affects the Ferrybank/Marsh/Seaview Avenue areas. This flooding is both tidal and fluvial flooding. The aforementioned statement is factually incorrect since tidal flooding occurs upstream of the Arklow Bridge, especially in the Ferrybank/Marsh/Seaview Avenue areas. The Avoca River is tidal

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upstream to Woodenbridge Golf Club. Hurricane Charlie, which happened on 26 August 1986, demonstrates this exact point. Such inaccuracies are a major flaw in the report especially with respect to the proper assessment of the flood risk. Owing to this serious factual inaccuracy, the rest of the report can be queried for its content. In light of such a factual error, it cannot be expected that the people directly affected will have complete confidence in the plan itself or those responsible for its implementation.

15.3.3 Coastal Processes “Whilst the coastline has been fixed for a numbers years, there is evidence of ongoing natural loss of seabed material as the previously existing beach is no longer visible.” “In areas to the north of the WwTP site seabed erosion continues to approximately 400m offshore (to a depth of approximately 6m)”

Reply: This statement is seriously flawed. It does not take into account the scouring of the rock armour, which is being undermined and is falling into the sea. This rock armour extends to Webb’s River, where the sea can enter the Caravan Park, and flood right back to the North Quay and the proposed WwTP, and back into the Avoca River at this point. Seabed lowering is shown to be higher towards the North (the Old Beach).This has very serious implications, especially with the advent of climate change and global warming.

“The stable coastline created by the revetment also means that there is a very limited sediment source existing in the Area of Interest apart from the seabed material and the unprotected areas to the north”

Reply: This is factually incorrect. This coastline is very unstable because the undermining of the rock armour is continuing apace right across the bay to Webb’s River. Serious erosion of the seabed is occurring relatively close to the shoreline. Climate change and global warming are also key factors in increasing sea levels. Erosion of up to 6 metres is occurring 400 metres offshore and the most recent storms are breaching the rock at the Duck Pond Car Park and spewing stones and debris right over the rock armour. Likewise, at the Arklow Holiday Caravan Park and more alarmingly at Webb’s River, where there is no protection to keep the sea out, during minor storms when the river is backed by strong storm surges, serious flooding occurs in the Holiday Caravan Park. When a major storm occurs, which is likely to happen based on past records, the flooding and damage will reach Mill Road and Arklow WwTP.

“Based on the results from the desk study and wave model”

Reply: Desktop studies are of limited value and use when dealing with coastal erosion.

15.3.4 Flood Risk “Arklow has experienced recurring flooding events in the past, some of which have resulted in damage to property. The largest flood event recorded in the study area was in August 1986”

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Reply: The report provides insufficient information about flooding, including the history of flooding. Floods have occurred annually with property under water and damaged, which requires a fully and detailed examination.

“In total 18 flood events have been recorded in Arklow town since 1986 of which 15 were recorded on the southern side of the Avoca River in Arklow town.”

Reply: The above information is incomplete. Ferrybank is on the northern side of the Avoca River, and is therefore at much greater risk because it is without any flood protection. This is in stark contrast to southern side of river, which has walled protection running along South Quay, upstream of the Arklow Bridge along the River Walk. Most floods occurred in the northern flood plain of the Avoca River, and in particular the Marsh and properties on Ferrybank and Seaview Avenue where there is considerable damage to properties when flooding occurs as a result of high spring tides, heavy rain, thawing snow, and strong south-east winds.

“Climate Change Allowance – 20% increase in Flow Rate”

Reply: The factoring of 20% into to the reports for climate change is also insufficient in light of the most recent information on climate change and global warming.

15.4 Likely Significant Effects 15.4.2. Hydrology and Water Quality “The construction activities associated with the enabling works ,including the diversion of utilities and services could have significant effects on the drainage characteristic of the study area.” “This would be considered a significant short-term negative effect.”

Reply: The construction activities will increase the risk of flooding 100-fold. The 10-metre temporary structure, 270 metres long, combined with the 6-metre permanent structure will devastate Ferrybank and Seaview Avenue, which has been subject to flooding. Like the Bandon River, flooding can occur two or three times per year. No records are made of these events by official bodies or authorities since they are not considered significant. I have witnessed and have been directly affected by these floods in the Marsh/Ferrybank/Seaview Avenue areas. My numerous submissions on the WwTP to Irish Water have dealt with the impact of flooding. This proposed plan will have serious negative consequences for the residents living on the north side of the Avoca River upstream from the Arklow Bridge. Damage caused as a consequence of these construction activities will require compensation for the damage and harm caused to property and persons during the construction or operation of Arklow WwTP.

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15.4.2.3 Flood Risk “The TELEMAC2D hydraulic model of the Avoca River was run to examine the implications of the construction of a temporary causeway 10m wide for approximately 270m within the channel to facilitate the construction of the interceptor sewer and quay wall. The simulation assumed that the upstream in-channel works have been completed, including the deepening and underpinning of the second (southernmost) bridge arch, the construction of the interceptor sewer manhole encroachment upstream of the bridge and all the in-stream works completed at the Arklow Bridge (i.e. interceptor sewer through the first arch completed and arch reopened) the river modelling undertaken (refer to Appendix 15.2 and Appendix 15.3 for further detail) predicts the construction of the temporary causeway would cause increases in local flood levels downstream of the Arklow Bridge of approximately 1.9cm and 5.5cm these increases are found not to affect the floodplain inundation and flood risk”

Reply: The above statement, specifically concerning 1.9cm and 5.5cm increases in flood levels downstream of the bridge, lacks any credibility. In actual fact, it will certainly cause extensive flooding of the flood plain, especially upstream of the bridge in the Ferrybank/Marsh/ Seaview Avenue areas. When flooding occurs during and/or after construction of the WwTP as a result of the alterations to river and the construction of the permanent 6m wall, the damage and harm caused to property and persons will result in compensation claims.

“A temporary causeway, approximately 10m wide (but inclusive of the 6m wide permanent encroachment) will also be constructed within the river channel to facilitate construction of the interceptor sewer. The temporary causeway will be contained on the river side by either gabions or sheet piles, with these raised above the height causeway, to be effective. The proposed elevation of the temporary causeway is c.0.8 m OD, which accounts for high water mean spring tide of 0.5 m OD plus 0.3 m freeboard. There is potential, without appropriate mitigation, for this temporary causeway to exacerbate flooding risk"

Reply: Any works downstream of the Arklow Bridge will have a major impact on the flood plain upstream from the bridge in the Ferrybank/Marsh/Seaview Avenue areas. This does not appear to be addressed adequately, if not at all, in this plan. The plan is deficient, especially concerning upstream flooding caused by downstream works. This does not take into account the SWO tanks adjacent to the Alps site. This will further exacerbate flooding in the Ferrybank/Marsh/Seaview Avenue areas. As noted on several occasions, the plan lacks contemporary empirical data and is primarily based on desktop studies. Very little, if any, contemporary empirical data has been collected and analysed in this study. The only data presented concerns Hurricane Charley, which happened over thirty years ago. Given the inaccuracies and the absence of contemporary empirical data specific to this plan, the content of this expertise report is questionable. The shortcomings in the

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reliability of the information also gives rise to of a confidence issue, especially among local communities directly affected by the construction and implementation of Arklow WwTP.

WwTP site “Flood risk associated with the construction of the Arklow WwTP itself is regarded as relatively low. This is due to the fact that the site itself is located outside of the 1 in 1000 - year flood zone. Access and egress routes to the WwTP site during construction period are also regarded as being relatively low risk from flooding. Please refer to Appendix 15.6 for further information”

Reply: This information regarding 1 in 1000 flood zone is inaccurate. When flooding occurs in North Side of the harbour in the next thirty years, the sea will enter through Webb’s River, through the Holiday Caravan Park, via the Duck Pond and the Mill Road. Contrary to what is stated in the report, this is not a low-risk but a very high-risk flood area. Access and egress during the construction period will cause high-risk flooding in the Ferrybank/Marsh/Seaview Avenue areas. In light of the factual errors and misrepresentations, this report aggravates existing concerns especially in relation to the risk of flooding. The issue of the flooding of Ferrybank/Marsh/Seaview Avenue areas has been side-stepped in the plan and there seems to be a lack of research on the impact flooding in Arklow, particularly in the Ferrybank/Marsh/Seaview Avenue areas. After carefully reading the report, it appears that the flood risk was ignored, or at best not inadequately addressed (either through failure to carry out empirical research or (over)reliance on existing desktop studies), when the plans for the WwTP were drafted.

15.4.3 Assessment of Effects during Operation 15.4.3.1 Hydrology and Water Quality This entire section

Reply: Any further development or re-construction of the existing SWO at the Alps site has the potential to significantly increase the likelihood of flooding in the Ferrybank/Marsh/Seaview Avenue areas. The construction activities will have a major impact on the flood risk. This increase in flood risk will not be temporary, but will have a long-term effect and will significantly increase in flood risk during the construction and operations of the WwTP.

15.4.3.3 Flood Risk Interceptor sewers “The proposed development includes realignment of the Avoca River (encroaching approximately 6m into the existing river channel) downstream of the Arklow Bridge over a distance of approximately 270m.”

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“The TELEMAC2D hydraulic model of the Avoca was run with the proposed interceptor sewer quay encroachment for the design flood event design flood of 835 m3/sec and a corresponding tide with a high-water level of 0.8m OD Malin. The computed river flood levels between existing and the proposed encroachment case show the effect of the proposed narrowing over approximately 270m length of the Avoca estuarine channel immediately upstream of the Bridge produces a c. 3.3 cm rise in flood level immediately downstream of the Arklow Bridge. The combined encroachment upstream of the encroachment including the upstream manhole encroachment produces a small rise of c. 1.9cm (Refer Appendix 15.3 for further details).” “It should be noted that the rise of 3.3 cm in the flood level from the interceptor sewer encroachment applies to a localised section immediately downstream of the Arklow Bridge. Furthermore, the hydraulic impact assessment states that for much of the encroachment reach, the flow velocity increases which in turn slightly reduces peak flood level in the narrowed river section.”

“As described in detail in Section 5.6.3 of Chapter 5, the Arklow Bridge works would involve underpinning of two arches and the lowering of the second arch by 1m depth which will fully mitigate the effects upstream of the Arklow Bridge at the design flood event and at various return period flood flows. However, such a measure will not mitigate the downstream channel increase of c 3.3 cm at the 100-year design flood event. This downstream increase in flood level will only occur towards the upstream end of the sewer encroachment, close to the downstream face of the Arklow Bridge.” “This increase is not critical, as locally the existing quay walls are sufficiently elevated to prevent overtopping. Increases in flood levels upstream are more critical as such increases will increase the magnitude and frequency of overtopping onto the southern and northern sides of the river channel producing a larger flood plain flow that bypasses Arklow Bridge and flows eastward through the urban developed areas.” “In summary, with the underpinning and lowering of the second bridge arch by 1m, a minor reduction in the overall flood extent was predicted for the approximately 6m wide permanent encroachment in the Avoca River which would be a long-term slight positive effect.” “Therefore, underpinning of Arklow Bridge should be undertaken prior to the construction of the interceptor sewer in order to increase the capacity of the bridge and to reduce any increased flood risk associated with the construction of the interceptor sewer in the river channel and associated encroachment.”

Reply: The underpinning of the Arklow Bridge and the reduction of the base by 1m at the second southern-most arch will greatly increase the risk of flooding upstream of the Arklow Bridge, especially the low-lying areas on the northern side of the Avoca River. The high spring tides will flow upstream more quickly as a result of lowering the base by 1m. While it will increase the capacity, the result will be the exact opposite since it will also increase the speed at which high spring tides move upstream. Such an action can be best described as a recipe for disaster. This view is based on my experience of flooding upstream of the Arklow Bridge since taking up residence in Arklow in 1968. The author(s) of the report failed to factor in this consideration when making the

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prognosis since very little, if any contemporary, empirical data or local knowledge has been incorporated into this report. The highlighted areas above are critical during the construction phase of the proposed plant. The report does not take into account the major increase in flood risk upstream from the Arklow Bridge, which will lead to extensive flooding in the Ferrybank/Marsh/Seaview Avenue areas as a result of these works. Any works that interfere with in the river channel will increase the flood risk in the Ferrybank/Marsh/Seaview Avenue areas. While cognisance has not been taken of the increased risk of flooding upstream of the Arklow Bridge, the report refers to overtopping of the quay walls. However, as is widely known, flood waters topping the quay walls is very unlikely. Therefore, this expert report lacks credibility and is detached from the local reality and facts on the ground. Similar to the EIA, this report does not stand up to empirical scrutiny. Any interference with the river channel will lead to major flooding upstream from the Arklow Bridge. Lowering the arch by 1 m will allow the high tides to flow rapidly upstream of the Bridge. It is important to note that the Avoca River is tidal right upstream almost to the Woodenbridge Golf Club. The 1 in 100 years supposition is far-fetched. Even 1 in 30 would also be considered far-fetched. Finally, the report has not adequately factored in the effects of climate change and global warming in Ireland, especially along its coastline. Climate change was mentioned as a by-the-way comment, and was not considered important vis-à-vis the likely increase in the risk of flooding upstream of the bridge in the Avoca River.

WwTP SITE “Given the absence of a significant risk of flooding of the site of the proposed WwTP, the impact on flood risk during operation will be very low. Access and egress routes are unlikely to be compromised during flood events and the proposed development will have no impact on floodplain storage and conveyance as it is located of the 1 in 100-year flood plan.”

Reply: The above statement is inaccurate. When flood events actually occur, the sea will easily access the Holiday Caravan Park via Webb’s River, and then flow towards the Duck Pond, the Burmah Road, and continue unhindered to the Mill Road and the WwTP.

15.5 Mitigation Measures and Monitoring 15.5.1.1 Mitigation During Construction Flood Risk Site of proposed WwTP “It is also recommended that the contractor considers tidal and wind forecasts and monitor these closely to minimise the risk of coastal erosion and wave overtopping”

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Reply: This statement amount to an abdication of responsibility by passing the responsibility to the contractor. Using words like “considers” and “monitors” can be seen as dodging responsibility when major flooding occurs during the works on the river channel, and after completion which will potentially cause property damage in Arklow town, especially the Ferrybank/Marsh/Seaview Avenue areas.

“Given the absence of a significant risk of flooding at the proposed WwTP, no further mitigation measures to address flood risk during construction are required”

Reply: On the contrary, mitigation measures are necessary since any interference with the river channel will require major flood protection mitigation measures. High spring tides will have a major impact upstream of the Arklow Bridge and will increase the risk of flooding in the Ferrybank/the Marsh/Seaview Avenue areas. Therefore, it is incorrect to state that “given the absence of a significant risk of flooding no further mitigation to address the flood risk”. There will be a greater risk of flooding during the construction of the plant and immediately afterwards.

Interceptor Sewers “In order to mitigate and minimise the potential flood risk caused by the construction of a temporary causeway and the interceptor sewers in the Avoca river channel, the following sequence of works is proposed prior to construction of temporary causeway”

Reply: As noted above, the temporary causeway will cause major flooding in the Ferrybank/Marsh/Seaview Avenue areas. The underpinning of the first two arches and lowering the second arch by 1m at the Arklow Bridge will cause major flooding in the Ferrybank/Marsh/ Seaview Avenue areas. The downstream and upstream of the Arklow Bridge will also cause major flooding in the Ferrybank/Marsh/Seaview Avenue areas. The construction of a temporary causeway will also cause major flooding in the Ferrybank /Marsh/Seaview Avenue areas. The removal of the causeway will again cause major flooding in the Ferrybank/Marsh/Seaview Avenue areas.

15.5.1.2 Mitigation During Operation Coastal processes “No mitigation measures have been proposed with respect to effects on coastal processes from operation of the proposed development”

Reply: This statement is inaccurate. The EIA fails to address the likelihood of the existing flood protection rock armour (currently being eroded by the sea and falling into the sea) which covers from Porters Rock to Webb’s River, where flood waters will gain access to Caravan Holiday Park and flood right back to the Duck Pond, the Mill Road and the WwTP.

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Flood Risk “As the proposed development directs almost all the wastewater flows to the WwTP shows that the proposed development will result in an overall slight beneficial impact upstream of the bridge in terms of flooding, No mitigation measures are required to address the flood risk during operation”

Reply: The above statement is inaccurate. Any WwTP developments and operations will greatly increase the flood risk in the Ferrybank/Marsh/Seaview Avenue areas, and will cause major flooding to properties and businesses. Major mitigation measures will be required to address the flood risk during the construction and operation of the WwTP.

15.5.2 Monitoring 15.5.2.1 Monitoring During Construction Flood Risk “The contractor is required to monitor tide and wind forecasts to minimise the risk of coastal erosion and wave overtopping. The contractor is required to monitor weather forecasts to inform operators of temporary causeway”

Reply: There is far more emphasis placed on wave overtopping, which based on my empirically-grounded experience is one of the lesser important issues concerning flooding. The big issue here is the increased risk of flooding upstream of the Arklow Bridge, caused by the temporary causeway and the permanent causeway.

15.5.2.2 Monitoring During Operation Coastal Processes “Outfall monitoring would include inspection by either divers or robotics and would be performed every 5 years and after significant storm events”

Reply: Inspection every five years is totally inadequate in light of the consequences of climate change and global warming on tide levels, which in light of recent developments and studies more frequent monitoring of the plant will be required.

15.5.2.2 Flood Risk “No monitoring during operation is required for flood risk during the operation of the proposed development”

Reply: From my perspective, the above-mentioned statement is baffling. The responsibility for the increased risk of flooding in the Ferrybank/Marsh/ Seaview Avenue areas rests with Irish Water and the WwTP operator. The abdication of responsibility and the dereliction of duty of care towards the residents of the Ferrybank/Marsh/Seaview Avenue areas is not only irresponsible but also negligent. Ultimately the responsibility rest with both Irish Water and the WwTP operator.

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When flooding occurs because of the changes to the river channel during construction and subsequent operation of the WwTP, compensation will be sought for any damage and harm to property and person.

15.6 Residual Effects 15.6.1 Residual Effects during Construction 15.6.1.1 Hydrology and Water Quality Hydrology “With the implementation of mitigation measures described in Section 15.5.5.1 and 15.5.5.2 including in particular, the phasing of works such as at the bridge underpinning and upstream works are complete before commencing construction of the temporary causeway downstream of the bridge, there will be no significant residual effect on hydrology during construction”

Reply: This statement is inaccurate. There will be major disruptions when working in the Avoca River channel. This is likely to cause major flooding in the Ferrybank/Marsh/Seaview Avenue areas.

Drainage “There will be no significant residual effect on drainage during construction”

Reply: There will be major effect on drainage into the Avoca River during construction. Any works that interfere with the river channel will in effect create flood problems for Ferrybank/Marsh/Seaview Avenue residents because it is a very low-lying area and will be subject to flooding caused with any interference with the river. Past history of flooding bears out on this empirical observation.

15.6.1.2 Coastal Processes “It is considered that, with the implementation of the proposed mitigation measures , that there will be no significant residual effects from the proposed development on coastal processes (including sediment dispersion and local scour/siltation effects)”

Reply: The mitigation measures proposed during construction do not cover the storm surges that are likely to occur from the Irish Sea upstream, well above the Arklow Bridge over the Avoca River. Therefore, the aforementioned statement should be disregarded.

15.6.1.3 Flood Risk Interceptor sewers “With the implementation of the mitigation measures, a short term slight negative effect would occur due to the installation of the sheet pile wall in the Avoca River and the alteration to the flow regime during construction. The predicted increase in flood level downstream of Arklow Bridge will only occur towards the upstream end of the sewer

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encroachment, close to the downstream face of Arklow Bridge, which is not critical, as locally the existing quay walls are sufficiently elevated to prevent overtopping.” “With the implementation of mitigation measures described in Section 15.5.1 and 15.5.5.2, including in particular, the phasing of works such that the bridge underpinning and upstream works are complete before commencing construction of the temporary causeway downstream of the bridge, there will be no significant residual effect on flood risk during construction.”

Reply: This statement is inaccurate. Any interference to the river channel will significantly increase the flood risk caused by the proposed WwTP works which will interfere with the river channel. It will greatly exacerbate the risk of flooding in the Ferrybank/Marsh/Seaview Avenue areas. There is little reference to the effects this proposed development will have on the Avoca River upstream from the Arklow Bridge, where the most serious flooding has occurred going right back to 1963 (when flooding started to be recorded), in particular in the low-lying Ferrybank/Marsh/Seaview Avenue areas. It is wholly inaccurate to say that there will be no significant residual effect on flood risk during construction. The exact opposite is likely to occur.

15.6.2 Residual Effects during Operation 15.6.2.3 Flood Risk “The two arches of the Arklow Bridge will be underpinned and the second arch lowered by 1 m which will mitigate against any rise flood levels upstream of the Arklow Bridge due to the existence of the interceptor sewer and the manhole in the river channel. Therefore, there will be an overall reduction in the existing flood extent following the construction of the proposed development which in the short term be a slight negative effect.” “It should be noted that the sheet pile wall constructed as part of the proposed development would also serve as advance works for flood walls to be built as part of the proposed Arklow Flood Relief Scheme. It is recognised that once constructed, the proposed Arklow Flood Relief Scheme would further reduce any residual flood risk during the operation of the proposed development and thus bring about further positive, cumulative effects on flood risk.”

Reply: The underpinning of the first arch and the lowering of the second arch by 1m will in no way mitigate the flood risk. In fact, it will have the exact opposite effect, increasing the flood risk upstream of the Arklow Bridge. As a result, there will be an increase of flood risk in the Ferrybank/Marsh/Seaview Avenue areas. Climate change and global warming have not been properly factored into the plans. The 1 in 100, 1 in 30, likelihood of flooding does not stand up given my own experience and in light of the effects of climate change and global warming on sea levels. This report contains some serious flaws and inaccuracies due to the failure to incorporate the latest developments in the area and studies on climate change and global warming.

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Summary: To sum up, having perused some but not all of approximately 4,000 plus pages in these reports, my main concern focused on the inadequate EIA coupled with the failure to properly address the increased flood risk likely to ensue if this defectively-planned project goes ahead. My observations are based on 51-years of experience of flooding in Arklow coupled with my knowledge of the history and the current context of the area. Since the EIA failed to take into account the key points, which I raised again at the oral hearing on 22, 23, and 25 January 2019, I have decided to outline these points again in this submission. I firmly believe that this project as it currently stands should not be granted permission. The facts outlined in this report clearly evidence the problems with the report generally, and in particular the lack of serious handling of contemporary empirical data and local knowledge of Arklow residents. The site of the Waste Water Treatment Plant on the North Quay is the most unsuitable of the three sites proposed and assessed for the plant’s location. Granting planning permission on this proposed site for Waste Water Treatment Plant would be in contravention the EU regulations, specifically the EU Floods Directive. To this, I would like to draw your attention to the first Floods Directive Implementation Report. The old maps of Arklow show that this proposed site is on land reclaimed from the sea and is part of the flood plain of the Avoca River. Recent commercial and residential developments on the North Quay, including Bridgewater Shopping Centre, Aldi Supermarket, and Apartment Blocks, are located on an area that was used as a municipal dump, which was granted planning permission in contravention of EU law. From my experience and based on the points outlined above, it is reckless to quote 1 in 1000, 1 in 100, 1 in 30, likelihood of floods. These figures simply do not stack up given what is happening globally with climate change and global warming. If we look across the Irish Sea, we see the Dutch, who are the experts in sea encroachment, are currently involved in removing buildings and buying up farmland to make room for the sea. Global warming and climate change are key factors that must be addressed (see the National Geographic, ‘Sea Level Rises, Explained’, 19 February 2019, available at https://www.nationalgeographic.com/environment/global-warming/sea-level-rise/).

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