Irish Water Report. Natura Impact Statement as part of the Ballylynan Waste Water Discharge Licence Application: D

Transcription

1 Irish Water Report Natura Impact Statement as part of the Ballylynan Waste Water Discharge Licence Application: D

2 Contents Introduction 3 Legislative Context 3 Methodology 5 Guidance Followed 5 Stages Involved in the Appropriate Assessment Process 6 Field Walkover Surveys 6 Consultation 6 Stage 1: Screening 8 Stage 2: Appropriate Assessment 9 Description of the Project 9 Description of the Receiving Environment and Monitoring Results 10 Waste Assimilative Capacity 11 Field Walkover Survey 12 Description of the Natura 2000 Site Affected 13 Description of the Conservation Interests of the SAC 14 Annex I Habitats 14 Annex II Species 15 Conservation Objectives of the River Barrow and River re SAC 21 Impact Prediction 22 Impacts on Water Quality 22 Impacts on Annex I Habitats 24 Impacts on Annex II Species 27 Mitigation Measures 31 Stage 2 Appropriate Assessment Conclusion Statement 32 References 33 2 Irish Water Natura Impact Statement - Ballylynan

3 Introduction This Natura Impact Statement provides an Appropriate Assessment (AA) of the existing Waste Water Treatment Plant (WwTP), located at Ballylynan, County Laois, for the purposes of the Waste Water Discharge (Authorisation) Regulations, 2007 (S.I of 2007), as amended. It assesses whether the on-going operation of the plant, alone or in combination with other plans and projects, is likely to have significant effects on a European Site(s) in view of best scientific knowledge and the conservation objectives of the site(s). European Sites are those identified as sites of European Community importance designated as Special Areas of Conservation under the Habitats Directive or as Special Protection Areas under the Birds Directive. This report follows the guidance for AA published by the Environmental Protection Agency s (EPA) te on Appropriate Assessments for the purposes of the Waste Water Discharge (Authorisation) Regulations, 2007 (S.I of 2007) (EPA, 2009); and takes account of the Department of the Environment, Heritage and Local Government s guidelines Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities (DoEHLG, 2009) and Circular L8/08 Water Services Investment and Rural Water Programmes Protection of Natural Heritage and National Monuments (DoEHLG, 2008). This Natura Impact Statement was completed by Nicholas O Dwyer Consulting Engineers on behalf of Irish Water. Legislative Context The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, better known as The Habitats Directive, provides legal protection for habitats and species of European importance. Articles 3 to 9 provide the legislative means to protect habitats and species of Community interest through the establishment and conservation of an EU-wide network of sites known as Natura These are Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive (79/409/ECC) as codified by Directive 2009/147/EC. Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect Natura 2000 sites (Annex 1.1). Article 6(3) establishes the requirement for Appropriate Assessment (AA): Any plan or project not directly connected with or necessary to the management of the [Natura 2000] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subjected to appropriate assessment of its implications for the site in view of the site s conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. Article 6(4) states: 3 Irish Water Natura Impact Statement - Ballylynan

4 If, in spite of a negative assessment of the implications for the [Natura 2000] site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, Member States shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. 4 Irish Water Natura Impact Statement - Ballylynan

5 Methodology Guidance Followed Both EU and national guidance exists in relation to Member States fulfilling their requirements under the EU Habitats Directive, with particular reference to Article 6(3) and 6(4) of that Directive. The methodology followed in relation to this AA has had regard to the following guidance: te on Appropriate Assessments for the purposes of the Waste Water Discharge (Authorisation) Regulations, 2007 (S.I of 2007). Environmental Protection Agency, (EPA, 2009). Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. Department of Environment, Heritage and Local Government, (DoEHLG, 2010). Circular L8/08 Water Services Investment and Rural Water Programmes Protection of Natural Heritage and National Monuments. Department of Environment, Heritage and Local Government, (DoEHLG, 2008). Communication from the Commission on the Precautionary Principle. Office for Official Publications of the European Communities, Luxembourg, (EC, 2000a). Managing Natura 2000 Sites: the provisions of Article 6 of the Habitats Directive 92/43/EEC, Office for Official Publications of the European Communities, Luxembourg, (EC, 2000b). Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Articles 6(3) and (4) of the Habitats Directive 92/43/EEC. Office for Official Publications of the European Communities, Brussels (EC, 2001). Guidance document on Article 6(4) of the Habitats Directive 92/43/EEC Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the Commission. Office for Official Publications of the European Communities, Luxembourg, (EC, 2007). Nature and biodiversity cases: Ruling of the European Court of Justice. Office for Official Publications of the European Communities, Luxembourg (EC, 2006). European Communities (Birds and Natural Habitats) Regulations, 2011 (S.I..477 of 2011). Interpretation Manual of European Union Habitats. Version EUR 28. European Commission (EC, 2013). 5 Irish Water Natura Impact Statement - Ballylynan

6 Stages Involved in the Appropriate Assessment Process Stage 1: Screening / Test of Significance This process identifies whether the Ballylynan WwTP discharge is directly connected to or necessary for the management of a European Site(s); and identifies whether the discharge is likely to have significant impacts upon a European Site(s) either alone or in combination with other projects or plans. The output from this stage is a determination for each European Site(s) of not significant, significant, potentially significant, or uncertain effects. The latter three determinations will cause that site to be brought forward to Stage 2. Stage 2: Appropriate Assessment This stage considers the impact of the WwTP discharge on the integrity of a European Site(s), either alone or in combination with other projects or plans, with respect to (1) the site s conservation objectives; and (2) the site s structure and function and its overall integrity. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts The output from this stage is a Natura Impact Statement (NIS). This document must include sufficient information for the EPA to carry out the appropriate assessment. If the assessment is negative, i.e. adverse effects on the integrity of a site cannot be excluded, then the process must consider alternatives (Stage 3) or proceed to Stage 4. Stage 3: Assessment of Alternatives This process examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the European Site. This assessment may be carried out concurrently with Stage 2 in order to find the most appropriate solution. If no alternatives exist or all alternatives would result in negative impacts to the integrity of the European sites then the process either moves to Stage 4 or the project is abandoned. Stage 4: Assessment Where Adverse Impacts Remain This process is an assessment of compensatory measures where, in the light of an assessment of Imperative Reasons of Overriding Public Interest (IROPI), it is deemed that the project or plan should proceed. Field Walkover Surveys A field walkover survey was undertaken by Ryan Wilson-Parr, Ecologists Ireland, on 5 th of June 2014 to identify the potential for qualifying species and habitats in the surrounding environs of the WwTP discharge location. Consultation Consultation was undertaken with the National Parks and Wildlife Service and Inland Fisheries Ireland (IFI) in relation to the existing discharge from the Ballylynan WwTP. project specific responses were received from the NPWS or the IFI at the time of writing this Report. Subsequent to the above consultation the NPWS have outlined that The EPA, as the competent authority, will seek NPWS advice as may be required in reaching their decision, and the NPWS 6 Irish Water Natura Impact Statement - Ballylynan

7 can only communicate with the applicant on request from the competent authority, when the formal application process to the competent authority has already commenced. 7 Irish Water Natura Impact Statement - Ballylynan

8 Stage 1: Screening Screening for Appropriate Assessment was undertaken by the Environmental Protection Agency who determined that an Appropriate Assessment of the existing discharge from the Ballylynan WwTP is required due to the potential adverse impact on the qualifying interests of the River Barrow and River re SAC. Therefore, applying the Precautionary Principle and in accordance with Article 6(3) of the Habitats Directive, the current WwTP discharge at Ballylynan will be brought forward for a Stage 2 Appropriate Assessment. 8 Irish Water Natura Impact Statement - Ballylynan

9 Stage 2: Appropriate Assessment The River Barrow and River re SAC, which has been determined as requiring Appropriate Assessment is described and all the potential impacts resulting from the Ballylynan WwTP discharge are discussed in relation to the conservation objectives of this designated site. Description of the Project Ballylynan is a small village in Co. Laois, to the South West of Athy along the N78 and is close to the Kildare County Boarder. Ballylynan is mainly agricultural lands with minimal industrial sectors. The Ballylynan WwTP is located approximately 1 km east of Ballylynan village, near the source of the River Guilie. Treated effluent is discharged to the River Guilie, approximately 9 km upstream of the River Barrow (River Barrow and River re SAC). The existing WwTP at Ballylynan is designed to cater for a population equivalent (p.e.) of 2,000. The works consists of preliminary, primary, secondary and tertiary treatment. Preliminary treatment is performed with an automated auger. Primary and secondary treatment involves a suspended growth process and conventional activated sludge treatment. Tertiary treatment is via a micro screen. The effluent quality is designed to be treated to the Urban Wastewater Treatment Directive (91/271/EEC) standards as follows: Biochemical Oxygen Demand (BOD) 25 mg/l Chemical Oxygen Demand (COD) 125 mg/l Suspended Solids (SS) 35 mg/l Total Phosphorous 2 mg/l Total Nitrogen 15 mg/l The plant is designed to discharge at an average rate of 268 m 3 /day, with a maximum rate of 360 m 3 /day. The dry weather flow in the receiving waterbody, the River Guilie is m 3 /s (172.8 m 3 /day). There is one primary discharge and two storm water overflows from the WwTP at Ballylynan. The storm overflows also discharge to the River Guilie at the following coordinates; , N and E, N. There are no pumping stations on the network. As part of the process optimisation currently on-going at the WwTP, a venturi aerator has been recently installed as a temporary measure to improve WwTP performance. At the time of preparing this NIS, only one set of monitoring data was available since the installation of the venturi aerator. Details of this effluent monitoring (5 th June 2014) are tabled overleaf. 9 Irish Water Natura Impact Statement - Ballylynan

10 Table 1.0: Ballylynan WwTP Monitoring Data (mg/l) Parameter Effluent Effluent Standards BOD COD SS Ammonia (Total Nitrogen) Orthophosphate (Total Phosphorous) It can be seen that the current effluent discharge (June 2014) to the River Guilie is not in compliance with the Urban Wastewater Treatment Regulations (2001) (S.I.. 254/2001) in terms of Suspended Solids. The River Guilie is a tributary of the River Barrow, a nutrient sensitive waterbody and therefore the Ballylynan WwTP should also comply with Part 2 of the Urban Wastewater Treatment Regulations for Total Nitrogen and Total Phosphorous. Based on the June monitoring above, it can be seen that the discharge is also not in compliance for Total Nitrogen or Phosphorous. (te: Ammonia and Ortho-phosphate used as Total Nitrogen and Total Phosphorous not measured). Description of the Receiving Environment and Monitoring Results The WwTP discharges to the River Guilie. Monitoring data from both upstream and downstream of the discharge location demonstrates that the water quality within the River Guilie is not in compliance with Schedule 5 of the European Communities Environmental Objectives (Surface Water) Regulations 2009 (S.I of 2009). Table 2.0: Monitoring Data both Upstream and Downstream of WwTP Discharge (Mean Concentrations based on Monitoring Data from March June 2014) Parameter EQS* Upstream Downstream BOD Ammonia (as NH3 N) Orthophosphate *European Communities Environmental Objectives (Surface Waters) Regulations 2009, S.I of 2009 (95%ile standards presented). As seen in Table 2.0 above, the Ballylynan WwTP discharge is impacting the receiving water body, the River Guilie, and is in breach of the Surface Water Regulations (2009) for all parameters. Furthermore, the Dissolved Oxygen (DO) in the river downstream of the discharge is below favourable. Ideal Dissolved Oxygen levels in a river are between 9.5 and 12 mg/l. Between mg/l most large fish can live but some small fish cannot. Between 4 and 6.5 mg/l very few fish can live. Between 0 and 4 mg/l no fish can survive. The mean downstream concentration in the River Guilie is average 7.5 mg/l, and saw a drop to 3.8 on 2 nd May The EPA does not have Biological Water Quality monitoring data for the River Guilie. The only EPA monitoring of the River Guilie is its confluence with the River Barrow, approximately 9 km downstream of the WwTP discharge location (Station Name Bridge upstream of Barrow River Confluence, E, N). The EPA River Water Quality Survey (Biological) (EPA, 2009) surveyed the River Guilie at this station location in The River at this location was surveyed 10 Irish Water Natura Impact Statement - Ballylynan

11 as good status due to the diverse macroinvertebrate fauna present. However, excessive siltation was evident, water levels were low and flow was considered near stagnant. A study carried out by ECOFACT in 2009 (WWDLA Attachment F.1) (ECOFACT, 2009) showed unsatisfactory chemical water quality in the River Guilie both upstream and downstream of the Ballylynan WwTP, with a significant further decline in chemical water quality downstream of the WwTP outfall. ECOFACT carried out a biological water quality assessment as part of this assessment and report significant background pollution in the River Guilie. Biologically, both upstream and downstream sites were in unsatisfactory condition but similarly there was a further reduction in ecological status downstream of the WwTP. These 2009 results suggested that the Ballylynan WwTP is having a negative impact on the River Guilie. Waste Assimilative Capacity Table 3.0 summaries the assimilative capacity calculations which are based on the current estimate loading of p.e. 1,201 (Source: IW), 95%ile river flow (0.002 m 3 /s, EPA HydroTool) and water quality standards in the European Communities Environmental Objectives (Surface Water) Regulations, 2009 (S.I of 2009). Assimilative capacity calculations use both actual background concentrations and the notionally clean river approach. Table 3.0: River Guilie assimilative capacity calculations at estimated loadings of 1,201 p.e. using actual background concentrations and for a notionally clean river. Parameter Background Predicted EQS* (mg/l) (mg/l) downstream quality (mg/l) BOD Actual Background tionally Clean Ammonia Actual Background tionally Clean Orthophosphate Actual Background tionally Clean *European Communities Environmental Objectives (Surface Waters) Regulations 2009, S.I of 2009 (95%ile standards presented). Using the actual background concentrations and the notional clean river concentrations, the WAC calculations demonstrates that the River Guilie has no assimilative capacity for the current Ballylynan WwTP discharge. The current WwTP discharge dramatically exceeds the water quality standards in the Surface Water Regulations. The Ballylynan WwTP discharge point is to the River Guilie, a tributary of the River Barrow. The River Barrow is a designated Natura 2000 site, the River Barrow and River re SAC. To determine the possible impacts on the River Barrow from the Ballylynan WwTP, WAC was determined using the details as above and the 95%ile River Barrow flow (3.93 m 3 /s, EPA HydroTool). As the effluent is constantly released into the River Guilie, we assume no further dilution and assess the WAC at the River Guilie and River Barrow confluence using the above 11 Irish Water Natura Impact Statement - Ballylynan

12 WwTP effluent values. The EPA notionally clean river approach concentrations were used as no monitoring data for this location is available; Table 4.0 below details the WAC calculations. Table 4.0: River Barrow assimilative capacity calculations at estimated loadings of 1,201 p.e. using notionally clean background river concentrations. Parameter Background Predicted EQS* (mg/l) (mg/l) downstream quality (mg/l) BOD tionally Clean Ammonia tionally Clean Orthophosphate tionally Clean *European Communities Environmental Objectives (Surface Waters) Regulations 2009, S.I of 2009 (95%ile standards presented). As seen in Table 4.0 above the Barrow River does have the assimilative capacity for the Ballylynan WwTP discharge for all parameters based on the notionally clean river approach. It is imperative to note that the above assessments have been carried out using significantly limiting datasets and are therefore only an indication of the current impact from the Ballylynan WwTP discharge on the River Guilie. It is however clear that the discharge is impacting the River Guilie and is the greatest point pressure pollution source preventing the River from complying with the Water Framework Directive objective to restore to good status. In summary the Ballylynan discharge is impacting the water quality of the River Guilie. In terms of the impact on the River Barrow, it is considered when using the notional clean river approach that the Barrow has the capacity to assimilate the discharge. However, no actual background concentrations were available for upstream of the confluence, therefore for the purposes of this assessment, a worst case scenario has been taken. Therefore it is considered that the discharge from the Ballylynan plant has the potential to be impacting on the water quality of the River Barrow at that confluence location. Field Walkover Survey A site walkover survey was conducted on the 5 th June The site visit identified all plant communities, corresponding propriety listed habitats and natural features/artificial structures with the potential to support protected species at the discharge point and surrounds. areas of habitat that corresponded to listed habitats (qualifying features) of the River Barrow and River re SAC were recorded during the field survey. area of habitat that are important for the survival of the designated features/species within the River Barrow will therefore be: Modified of fragmented, destroyed or isolated. key biogeochemical processes necessary for the survival of the designated features will be impacted, directly or indirectly or in the short to long term. physical signs of Otter were recorded along the River Guilie (100 m radius of discharge point). structural features or overhangs within close proximity to the discharge point that could potentially support breeding Otter were recorded. Killarney Fern occurs in dripping caves, cliff 12 Irish Water Natura Impact Statement - Ballylynan

13 faces, crevices by waterfalls and cascades, rock crevices in woodlands and very occasionally on the floor of damp woodlands. suitable woodland habitat or features were present at the site. Desmoulin s Whorl Snail occurs in marsh and wetland vegetation that provide suitable levels of micro-habitat humidity. The scrub and grassland community found along the stream margins represent unsuitable vegetation and wetness conditions required as defined by Moorkens & Killeen, (2011); Irish Wildlife Manual.55. ecologically meaningful proportion of the population of designated features will be: Seriously disrupted (either through disturbance of breeding, feeding, migration or resting behaviour). Description of the Natura 2000 Site Affected The River Barrow and River re SAC site consists of the freshwater stretches of the Barrow/re River catchments as far upstream as the Slieve Bloom Mountains and it also includes the tidal elements and estuary as far downstream as Creadun Head in Waterford. The site passes through eight counties Offaly, Kildare, Laois, Carlow, Kilkenny, Tipperary, Wexford and Waterford. The site is a candidate SAC selected for the following habitats and species listed on the E.U. Habitats Directive (a) priority habitats on Annex I - alluvial wet woodlands and petrifying springs, (b) habitats listed on Annex I - old oak woodlands, floating river vegetation, estuary, tidal mudflats, Salicornia mudflats, Atlantic salt meadows, Mediterranean salt meadows, dry heath and eutrophic tall herbs, and (c) species listed on Annex II Sea Lamprey, River Lamprey, Brook Lamprey, Freshwater Pearl Mussel, re Freshwater Pearl Mussel, Crayfish, Twaite Shad, Atlantic Salmon, Otter, Vertigo moulinsiana and the plant Killarney Fern. Seventeen Red Data Book plant species have been recorded within the site. The site is very important for the presence of a number of EU Habitats Directive Annex II animal species; this is the only site in the world for the hard water form of the Pearl Mussel M. m. durrovensis, which is limited to a 10 km stretch of the re and one of only a handful of spawning grounds in the country for Twaite Shad. The freshwater stretches of the River re main channel is a designated salmonid river. The site is of ornithological importance for a number of E.U. Birds Directive Annex I species including Greenland White-fronted Goose, Whooper Swan, Bewick s Swan, Bartailed Godwit, Peregrine and Kingfisher. The main threats to the site and current damaging activities include high inputs of nutrients into the river system from agricultural run-off and several sewage plants, overgrazing within the woodland areas, and invasion by non-native species, for example Cherry Laurel and Rhododendron (Rhododendron ponticum). The water quality of the site remains vulnerable. Good quality water is necessary to maintain the populations of the Annex II species for which the site is designated. Good quality is dependent on controlling fertilisation of the grasslands, particularly along the re. It also requires that sewage be properly treated before discharge. Drainage activities in the catchment can lead to flash floods which can damage the many Annex II species present. Capital and maintenance dredging within the lower reaches of the system pose a threat to migrating fish species such as lamprey and shad. Land reclamation also poses a threat to the salt meadows and the populations of legally protected species therein. 13 Irish Water Natura Impact Statement - Ballylynan

14 Description of the Conservation Interests of the SAC Annex I Habitats The qualifying habitats of the River Barrow and River re SAC are listed below: Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330] Estuaries [1130] Mudflats and sandflats not covered by seawater at low tide [1140] Salicornia and other annuals colonizing mud and sand [1310] Mediterranean salt meadows (Juncetalia maritimi) [1410] Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation [3260] European dry heaths [4030] Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels [6430] Petrifying springs with tufa formation (Cratoneurion) [7220] Old sessile oak woods with Ilex and Blechnum in British Isles [91A0] Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0] Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho- Batrachion vegetation [3260] habitat has been recorded downstream of the confluence of the River Guilie and the River Barrow (NPWS, 2011). The full extent of this habitat in this SAC is unknown. This habitat is surface and groundwater dependent. Phosphorous (MRP) is typically the limiting nutrient for this habitat, however increased nitrogen (NO3-) negatively impacts the N fixing blue-green algal communities that frequently contribute to tufa deposition. Nutrient enrichment of this habitat typically leads to increased filamentous green algal biomass and consequent changes in the other algae, bryophyte and macrophyte species composition and abundance. The NPWS (2013) overall assessment of the conservation status of floating river vegetation is Inadequate, with the overall trend in conservation status as Declining. In terms of the qualifying interest Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels [6430], this habitat is groundwater and surface water dependent. This habitat is considered sensitive to nutrient enrichment of N and P of groundwater (diffuse and point-source nutrient pollution (low sensitivity). It terms of surface waters, this habitat is considered highly sensitive to changes in flood frequency and duration (arterial drainage, barriers, etc.). Distribution of this habitat in this Natura 2000 site is currently unknown (NPWS, 2011). However, based on the Precautionary Principle, there is the potential for this habitat to be located downstream of the downstream of the River Guilie and the River Barrow confluence. The NPWS (2013) overall assessment of the conservation status of Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels [6430] is Bad, with the overall trend in conservation status as Stable. The Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330], Estuaries [1130], Mudflats and sandflats not covered by seawater at low tide [1140], Mediterranean salt meadows (Juncetalia maritimi) [1410] and Salicornia and other annuals colonizing mud and sand [1310] habitats are located a significant distance downstream of the River Guilie and the River Barrow confluence (NPWS, 2011) and therefore it is considered that there is little/no potential for 14 Irish Water Natura Impact Statement - Ballylynan

15 adverse effects, and no changes to the conservation status of these habitats from the Ballylynan WwTP discharge. The Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0] has been recorded downstream (NPWS, 2011) although this habitat is surface and groundwater dependent, it is considered to have a low sensitivity to nutrient enrichment N and P of surface water (diffuse and point-source nutrient pollution) (Source: Western RBD / ESBI / Eleanor Mayes Report Protected Areas: Water Dependent Habitats and Species, December 2008). It is therefore considered that there is little/no potential for adverse effects and no changes to the conservation status of these habitats likely from the Ballylynan WwTP discharge. The qualifying interest European dry heaths [4030] and Old sessile oak woods with Ilex and Blechnum in British Isles [91A0] are not water dependent and therefore it is considered that there is little/no potential for adverse effects and no changes to the conservation status of these habitats likely from the Ballylynan WwTP discharge. The qualifying interest Petrifying springs with tufa formation (Cratoneurion) [7220] has been recorded in the woodlands at Dysart, between Thomastown and Inistioge. Due to this location there is little/no potential for adverse effects, and no changes to the conservation status of these habitats likely from the Ballylynan WwTP discharge. Annex II Species The River Barrow and River re SAC is very important for the presence of a number of scarce and specialised Annex II animal species. The River Barrow and River re SAC is selected for the following Annex II species: Desmoulin's Whorl Snail (Vertigo moulinsiana) [1016] Freshwater Pearl Mussel (Margaritifera margaritifera) [1029] White-clawed Crayfish (Austropotamobius pallipes) [1092] Sea Lamprey (Petromyzon marinus) [1095] Brook Lamprey (Lampetra planeri) [1096] River Lamprey (Lampetra fluviatilis) [1099] Allis Shad (Alosa alosa) [1102] Twaite Shad (Alosa fallax fallax) [1103] Salmon (Salmo salar) [1106] Otter (Lutra lutra) [1355] Pearl Mussel (Margaritifera durrovensis) [1990] Killarney Fern (Trichomanes speciosum) [1421] Desmoulin's Whorl Snail (Vertigo moulinsiana) [1016] Desmoulin s whorl snail, with a shell height of about 2.5 mm, is the largest of this group of whorl snails in Ireland. All whorl snails favour damp or wet habitats. Desmoulin s whorl snail is particularly sensitive to changes in water levels. In Ireland, the species mainly inhabits calcareous, lowland wetlands. It occurs in swamps, fens and marshes usually bordering rivers, canals, lakes and ponds where very humid conditions prevail. It lives on both living and dead stems and leaves of tall plants and requires a stable water-table. The distribution of Desmoulin s 15 Irish Water Natura Impact Statement - Ballylynan

16 whorl snail within the River Barrow and River re SAC is limited to only to two known sites; Borris Bridge, Co. Carlow S and Boston Bridge, Kilnaseer S338774, Co. Laois. (Source: NPWS, 2011). The NPWS (2013b) overall assessment of the conservation status of Desmoulin s whorl snail is Inadequate, with the overall trend in conservation status as Declining. Freshwater Pearl Mussel (Margaritifera margaritifera) [1029]/ re Pearl Mussel (Margaritifera durrovensis) [1990] The distribution of Freshwater Pearl Mussel Margaritifera margaritifera is well known and mapped in Ireland. There have been no documented population extinctions since before the 1970s; therefore the species range is stable. The population has been in decline for a very long time, and was likely initiated by early drainage schemes in Ireland (NPWS, 2013b). Pearl mussels have a complicated life cycle, involving native salmon or trout. The key cause of decline in pearl mussel populations in Ireland is unsuitable habitat for juvenile mussels after they fall off the gills of host salmonids (Moorkens, 1999). This stage requires the safety of remaining within the river bed gravels, before growing to a size that allows the emergence of the filtering siphons into the open water body. While the juvenile mussels remain within the river bed gravels, they filter the interstitial water within the gravels. Where the gaps between the gravel and stones gets clogged with fine silt, either physical (from suspended solids entering the river) or organic (from algal growth and decay prompted by nutrients in the water), the flow of water in the interstices becomes very restricted. Without adequate water movement and replacement, oxygen levels are exhausted and young mussels die. The status of the Freshwater Pearl Mussel (Margaritifera margaritifera) as a qualifying Annex II species for the River Barrow and River re SAC is currently under review. The outcome of this review will determine whether a site specific conservation objective is set for this species. Please note that the re Pearl Mussel (Margaritifera durrovensis) remains a qualifying species for this SAC. The re Freshwater Mussel population stretches from Poorman s Bridge (S407859) to Lismaine Bridge (S442660), with most of the population found between Poorman s Bridge and the Avonmore Creamery above Ballyragget (S ) (Moorkens, 1996) Nationally, the overall conservation trend of the Fresh Water Pearl Mussel is considered to be declining, owing to the documented declines in both population and habitat. It is expected that the significant conservation measures undertaken will lead to an overall improvement in the future, however this is unlikely to be evident in the next 12 years (NPWS, 2013b). The NPWS (2013b) overall assessment of the conservation statuses of species 1029 and 1190 are Bad, with the overall trend in conservation statuses as Declining. 16 Irish Water Natura Impact Statement - Ballylynan

17 White-clawed Crayfish (Austropotamobius pallipes) [1092] The White-clawed Crayfish elsewhere in Europe is usually found in small streams at the headwaters of rivers but, in Ireland, it most commonly occurs in small and medium-sized lakes, large rivers, streams and drains, wherever there is sufficient lime. The species prefers relatively cool temperatures and adequate dissolved oxygen and lime, although it is capable of tolerating significant fluctuations. Juveniles live among submerged tree-roots, gravel or aquatic plants, while larger crayfish must have stones to hide under, or earthen banks in which to burrow. Females carrying eggs require undisturbed shelter over a prolonged winter-spring period. The crayfish is present almost throughout the River Barrow and River re SAC. The records extend as far downstream as Thomastown on the re and Graiguenamanagh on the Barrow. crayfish or suitable habitat was noted during the field survey in the Ballylynan WwTP discharge point and surrounding area (100 m). The NPWS (2013b) overall assessment of the conservation status of the White-clawed Crayfish is Inadequate, with the overall trend in conservation status as Stable. Sea Lamprey (Petromyzon marinus) [1095]/ River Lamprey (Lampetra fluviatilis) [1099] Sea Lamprey Petromyzon marinus (1095) and River Lamprey Lampetra fluviatilis (1099) are anadromous species, spending part of their life cycle in the marine environment and returning to natal watercourses to spawn. These species are therefore likely to be confined to the lower reaches of the River Barrow and River re SAC. These species were only recorded north of Carlow Town and rth of the River Guilie confluence with the River Barrow (Source: NPWS, 2011). The NPWS (2013b) overall assessment of the conservation status of Sea Lamprey is Bad, with the overall trend in conservation status as Stable. The status of River Lamprey is evaluated as being of Favourable conservation status nationally (NPWS, 2013b). Brook Lamprey (Lampetra planeri) [1096] The Brook Lamprey is the smallest of the three lamprey native to Ireland and it is the only one of the three species that is non-parasitic and spends all its life in freshwater (Maitland & Campbell, 1992). All three species of lamprey spawn in fresh waters, and juveniles of all three species, known as ammocoetes, are found within the same catchments, using similar microhabitats, but with varying geographical distribution. Lampreys show a preference for gravel-dominated substratum for spawning, and mainly silt and sand-dominated substratum for nursery habitat (Harvey & Cowx, 2003). The spawning season of brook lampreys starts when the water temperatures reach 10 11ºC (Maitland, 2003). This usually occurs in March/April. Juvenile brook lamprey are widespread in the River Barrow and River re SAC (King, 2006). spawning or nursery habitats for lampreys were recorded either upstream and downstream of the discharge location during the walkover survey of the discharge location and no lamprey have been recorded within the vicinity of the River Guilie confluence with the River Barrow, however, they were recorded upstream and downstream of the confluence with the River Barrow (NPWS, 2011). 17 Irish Water Natura Impact Statement - Ballylynan

18 Brook Lamprey is evaluated as being of Favourable conservation status nationally (NPWS 2013b). Allis shad (Alosa alosa) [1102] and Twaite shad (Alosa fallax fallax) [1103] Twaite Shad and Allis Shad are one of the rarest fish species which breed in Irish freshwaters. Shad have an anadromous life cycle and have would therefore occur in the lower reaches of the River Barrow and the River re SAC. It is considered that the Allis Shad is an opportunistic spawner in Irish waters; and until evidence of an established breeding population is found, the species is considered a vagrant species. Overall, the status of Twaite Shad is considered Inadequate Bad (NPWS, 2013b). Atlantic Salmon (Salmo salar) [1106] Salmon breeds in freshwater, but spends much of its life at sea. The Salmon population in Ireland has declined in recent decades. There are numerous factors which impact negatively on Salmon, the most important of which are reduced marine survival (probably as a result of climate change), poor river water quality (resulting from factors such as inadequate sewage treatment, agricultural enrichment, acidification, erosion and siltation), forestry-related pressures and overfishing. Salmon are present throughout the River Barrow and River re SAC. Salmon or suitable habitat was noted during the walkover survey of the Ballylynan WwTP discharge location. This species is evaluated as being of overall 'Inadequate' conservation status nationally (NPWS 2013b) with overall trend in Conservation Status classed as stable. Otter (Lutra lutra) [1355] Otter is widespread in the River Barrow and the River re SAC. Otters have two basic requirements: aquatic prey and safe refuges where they can rest. This species is dependent on fish stocks which are ultimately dependent on water quality. otter signs (e.g. spraints, feeding remains, paths/slides) were recorded upstream or downstream of the discharge location during the field survey. The overall assessment of the conservation status of otter is Favourable (NPWS, 2013b). Killarney Fern (Trichomanes speciosum) [1421] Trichomanes speciosum (Killarney Fern) is a large filmy fern in the family Hymenophyllaceae. It is restricted to damp, shady and humid habitats and is extremely sensitive to desiccation. There are currently 64 extant populations in the Republic of Ireland, the majority being located in the south/south-west in Kerry (almost half), Cork, Limerick, Tipperary and Waterford. The species is, however, widely distributed elsewhere in Ireland, with extant populations also occurring in Co Carlow, Donegal, Galway, Kilkenny, Mayo, Sligo Wexford and Wicklow. In terms of the River Barrow and River re SAC, there are currently three locations known close to the townland of 18 Irish Water Natura Impact Statement - Ballylynan

19 Coolnamuck, Co. Waterford and the townlands of Drummin, Co. Carlow and Ballyleigh Co. Wexford (NPWS, 2011). There was no Killarney Fern or suitable habitat recorded during the Ballylynan WwTP discharge field survey. The overall conservation status of the Killarney Fern is considered to be Favourable. Table 5.0: Qualifying Habitats along Surveyed Stretch of River Guilie at the Ballylynan WwTP discharge point Site Qualifying Habitats Present River Barrow Atlantic salt meadows Upstream and River Downstream re SAC Estuaries Upstream Downstream Mudflats and sandflats not covered by seawater at low tide Salicornia and other annuals colonizing mud and sand Upstream Downstream Upstream Downstream Mediterranean salt meadows Upstream Downstream Water courses of plain to Upstream montane levels Downstream European dry heaths Upstream Downstream Hydrophilous tall herb fringe Upstream communities of plains and of the montane to alpine levels Downstream Petrifying springs Upstream Downstream Old sessile oak woods Upstream Downstream Alluvial forests Upstream Downstream 19 Irish Water Natura Impact Statement - Ballylynan

20 Table 6.0: Site River Barrow and River re SAC Qualifying Species along Surveyed Stretch of River Guilie Qualifying Species Desmoulin's Whorl Snail Freshwater Pearl Mussel White-clawed Crayfish Observed or Signs of Species Presence Suitable Habitat Present Upstream Upstream Downstream Downstream Upstream Upstream Downstream Downstream Upstream Upstream Downstream Downstream Sea Lamprey Upstream Upstream Downstream Downstream River Lamprey Upstream Upstream Downstream Downstream Brook Lamprey Upstream Upstream Downstream Downstream Allis Shad Upstream Upstream Downstream Downstream Twaite Shad Upstream Upstream Downstream Downstream Atlantic Salmon Upstream Upstream Downstream Downstream Otter Upstream Upstream re Pearl Mussel Downstream Downstream Upstream Upstream Downstream Downstream Killarney fern Upstream Upstream Downstream Downstream 20 Irish Water Natura Impact Statement - Ballylynan

21 Conservation Objectives of the River Barrow and River re SAC Article 6 of the Habitats Directive states that: 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 of the site in view of the site s conservation objectives. The importance of a site designated under the Habitats Directive is defined by its qualifying features or interests. Qualifying interests for any Natura 2000 site are listed on a pro forma, called the Natura 2000 standard data form, which forms the basis of the rationale behind designation, and informs the Conservation Management Plan for targeted management and monitoring of key species and habitats. 1. To maintain the favourable conservation condition of Desmoulin s whorl snail in the River Barrow and River re SAC 2. The status of the Freshwater Pearl Mussel (Margaritifera margaritifera) as a qualifying Annex II species for the River Barrow and River re SAC is currently under review. The outcome of this review will determine whether a site specific conservation objective is set for this species 3. To restore the favourable conservation condition of the re Freshwater Pearl Mussel in the River Barrow and River re SAC 4. To maintain the favourable conservation condition of White clawed Crayfish in the River Barrow and River re SAC 5. To restore the favourable conservation condition of Sea Lamprey in the River Barrow and River re SAC 6. To restore the favourable conservation condition of Brook Lamprey in the River Barrow and River re SAC 7. To restore the favourable conservation condition of River Lamprey in the River Barrow and River re SAC 8. To restore the favourable conservation condition of Twaite Shad in the River Barrow and River re SAC 9. To restore the favourable conservation condition of Allis Shad in the River Barrow and River re SAC 10. To restore the favourable conservation condition of Salmon in the River Barrow and River re SAC 11. To restore the favourable conservation condition of Otter in the River Barrow and River re SAC 12. To maintain the favourable conservation condition of Killarney Fern in the River Barrow and River re SAC 13. To maintain the favourable conservation condition of Estuaries in the River Barrow and River re SAC 14. To maintain the favourable conservation condition of the Mudflats and sand flats not covered by seawater at low tide in the River Barrow and River re SAC 15. To maintain the favourable conservation condition of Salicornia and other annuals colonizing mud and sand in the River Barrow and River re SAC 21 Irish Water Natura Impact Statement - Ballylynan

22 16. To restore the favourable conservation condition of Atlantic salt meadows in the River Barrow and River re SAC 17. To restore the favourable conservation condition of Mediterranean salt meadows in the River Barrow and River re SAC 18. To maintain the favourable conservation condition of Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho Batrachion vegetation in the River Barrow and River re SAC 19. To maintain the favourable conservation condition of European dry heaths in the River Barrow and River re SAC 20. To maintain the favourable conservation condition of Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels in the River Barrow and River re SAC 21. To maintain the favourable conservation condition of Petrifying springs with tufa formation (Cratoneurion) in the River Barrow and River re SAC 22. To restore the favourable conservation condition of Old oak woodland with Ilex and Blechnum in the River Barrow and River re SAC 23. To restore the favourable conservation condition of Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno Padion, Alnion incanae, Salicion albae) in the River Barrow and River re SAC Impact Prediction Impacts on Water Quality The aquatic conservation interests of the River Barrow and River re SAC are directly dependant on the aquatic environment and as the Ballylynan WwTP discharges to the River Guilie approximately 9 km upstream of the SAC designation, there is a connection between this discharge and the ecological receptors in the River Barrow and River re SAC. Elevated nutrient levels in the River Guilie downstream of the discharge, specifically Ammonia and Orthophosphates, and also Suspended Solids are considered to be the most significant threats to the integrity and favourable conservation status of the SAC and the water dependent qualifying features for which it is designated. The Ballylynan WwTP discharge is impacting the receiving water body, the River Guilie, and is in breach of the Surface Water Regulations (2009) for all parameters. Furthermore, the Dissolved Oxygen (DO) in the river downstream of the discharge is below favourable. Ideal dissolved oxygen levels in a River are between 9.5 and 12 mg/l. Between mg/l most large fish can live but some small fish cannot. Between 4 and 6.5 mg/l very few fish can live. Between 0 and 4 mg/l no fish can survive. The mean downstream concentration in the River Guilie is on average 7.5 mg/l, but saw a drop to 3.8 on 2 nd May The EPA does not have Biological Water Quality monitoring data for the River Guilie. The EPA monitoring of the River Guilie is its confluence with the River Barrow, approximately 9 km downstream of the WwTP discharge location (Station Name Bridge upstream of Barrow River Confluence, E, N). The EPA River Water Quality Survey (Biological) (EPA, 2009) surveyed the River Guile at this station location in The River at this location was surveyed as Good status due to the diverse macroinvertebrate fauna present. However, excessive siltation was evident, water levels were low and flow was considered near stagnant. 22 Irish Water Natura Impact Statement - Ballylynan

23 A study carried out by ECOFACT in 2009 (WWDLA Attachment F.1) (ECOFACT, 2009) showed unsatisfactory chemical water quality in the River Guilie both upstream and downstream of the Ballylynan WwTP, with a significant further decline in chemical water quality downstream of the WwTP outfall. ECOFACT carried out a biological water quality assessment as part of this assessment and report significant background pollution in the River Guilie. Biologically both upstream and downstream sites were in unsatisfactory condition but similarly there was a further reduction in ecological status downstream of the WwTP. These 2009 results suggested that the Ballylynan WwTP is having a negative impact on the River Guilie. Using both the actual background concentrations and the notional clean river concentrations demonstrates that the River Guilie has no assimilative capacity for the current Ballylynan WwTP discharge. The current WwTP discharge dramatically exceeds the water quality standards in the Surface Water Regulations. The discharge is impacting the River Guilie and is the greatest point pressure pollution source preventing the River from complying with the Water Framework Directive objective to restore to good status. The Ballylynan WwTP discharge point is to the River Guilie, a tributary of the River Barrow. The WAC calculation carried out for this assessment at the River Guilie and River Barrow confluence using the EPA notionally clean river approach concentrations, demonstrates that the River Barrow does have the assimilative capacity for the Ballylynan WwTP discharge for all parameters based on the notionally clean river approach. However, no actual background concentrations were available for upstream of the confluence, therefore for the purposes of this assessment, a worst case scenario has been taken. Therefore, it is considered that the discharge from the Ballylynan plant has the potential to be impacting on the water quality of the River Barrow at that confluence location. To comply with the measures in the Barrow Main Water Management Unit Action Plan, the Ballylynan WwTP requires the following: Implementation of an appropriate performance management system; and Ensure capacity of the WwTP is not exceeded. Cumulative impacts in the catchment possibly pose the greatest risk to the conservation objectives. The potential threat(s) of the Ballylynan WwTP on water quality (long term or single event) is greatly increased when taken in combination with other water quality concerns in the catchment. For example the Athy WwTP discharges into the River Barrow upstream (approx. 11 km) of where the River Guilie meets the River Barrow. The Athy WwTP and the Ballylynan plants are both considered to be at risk in the Barrow Main Water Management Unit Action Plan. Other impacts which are likely to act cumulatively and impact on the SACs water dependent qualifying habitats and species result from the following: Chemical fertiliser application to agricultural lands (the main fertilisers in use supply nitrogen, phosphorus, potassium and sulphur); 23 Irish Water Natura Impact Statement - Ballylynan