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rpsgroup.com DUBLIN PORT MAINTENANCE DREDGING 2022 - 2029 APPLICATION FOR FORESHORE LICENCE Stakeholder Consultation Dublin Port Maintenance Dredging 2022-2029 Stakeholder Consultation Final 8 February 2021

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Page 1: DUBLIN PORT MAINTENANCE DREDGING 2022 - 2029 …

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DUBLIN PORT MAINTENANCE DREDGING 2022 - 2029 APPLICATION FOR FORESHORE LICENCE Stakeholder Consultation

Dublin Port Maintenance Dredging 2022-2029

Stakeholder ConsultationFinal

8 February 2021

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Document status

Version Purpose of document Authored by Reviewed by Approved by Review date

Final Statutory Authorisation 08/02/2021

Approval for issue

8 February 2021

Prepared by: Prepared for:

RPS Dublin Port Company

Senior Associate - Water Environment and Flood

Risk Management

Port Engineer

Elmwood House

74 Boucher Road, Belfast

Co. Antrim BT12 6RZ

Dublin Port Centre

Alexandra Road

Dublin 1, D01 H4C6

T +44 2890 667 914

E

T 01 8876000

E [email protected]

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Contents 1 PRE-APPLICATION CONSULTATION ............................................................................................. 1

1.1 Pre-application consultation with relevant statutory stakeholders ........................................... 1 1.2 Pre-application consultation with Marine Institute .................................................................... 4 1.3 Consultation with other relevant stakeholders ......................................................................... 4

2 CONSULTATION DURING FORESHORE CONSENTING PROCESS ............................................ 5 2.1 Public Consultation Phase ....................................................................................................... 5 2.2 Consultation with Prescribed Bodies ....................................................................................... 5

3 CONSULTATION DURING MAINTENANCE DREDGING CAMPAIGNS ........................................ 6

Appendices

Appendix A Consultation Letter issued to relevant Stakeholders ................................................................ 7 Appendix B Consultee Responses ............................................................................................................... 8

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1 PRE-APPLICATION CONSULTATION

Prior to making the foreshore licence application to Department of Housing, Local Government and Heritage (DHLGH), RPS (on behalf of Dublin Port Company) consulted with a number of relevant stakeholders to inform them of the proposed maintenance dredging campaigns to take place from 2022 – 2029. This application provides a summary of the pre-application consultation which took place.

1.1 Pre-application consultation with relevant statutory stakeholders

A letter and information pack (including drawings) was issued to relevant statutory stakeholders as part of the pre-application consultation phase. The following consultees received the information pack:

Development Applications Unit of Department of Culture, Heritage and the Gaeltacht*

Inland Fisheries Ireland

Marine Survey Office

The Sea Fisheries Protection Authority

Dublin City Council

*The Development Applications Unit (DAU) is the co-ordination unit for consultations with National Parks and Wildlife Service and National Monuments Service.

An example letter is provided in Appendix A of this report.

Responses were received from the following organisations:

Underwater Archaeological Unit and National Parks and Wildlife Service of Department of Culture, Heritage and the Gaeltacht (letter received by email on 18th March 2020 via the DAU)

Marine Survey Office (email received from MSO on 11th May 2020)

A copy of the replies from the consultees is provided in Appendix B of this report and a short summary is provided below:

Underwater Archaeological Unit, Department of Culture, Heritage and the Gaeltacht

It is recommended that all known wreck sites located within the proposed dredged zone are subject to 30m exclusion zones.

No dredging should take place within the exclusion zones.

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Should new wreck sites be discovered during future ABR dredge campaigns then these should be subject to exclusion zones.

A chart showing the location of the exclusion zones in relation to the dredge areas should be forwarded to this Department in advance of dredging proceeding.

Explanation of how Advice from Underwater Archaeological Unit has been taken on-board in the Foreshore Application:

A standalone report on the impact of the proposed maintenance dredging 2022-2029 on underwater archaeology accompanies this application. In this report mitigation measures are specified to take into account the potential impact of dredging on known and unknown wreck sites including the exclusion zones mentioned by Underwater Archaeology Unit in their submission.

The report was prepared by ADCO Ltd who are an experience underwater archaeology assessment company and have been working on Dublin Port projects since the inception of the ABR Project. They are currently the consultants involved in archaeological monitoring of all dredging and landside construction activities taking place in the port.

National Parks and Wildlife Service, Department of Culture, Heritage and the Gaeltacht

The proposed activity would occur within and adjacent to the following Natura 2000 site:

- Rockabill to Dalkey Island Special Area of Conservation (Site Code: IE002137)

- Article 6(3) of Council Directive 92/43/EC (the Habitats Directive) states that “Any plan of project not directly connected with or necessary to the management of the (Natura) site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives”. The proposed development would require such an assessment as the works would occur within or adjacent to designated Natura sites.

- Guidance on this process can be found within “Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC” published by the European Commission in 2001.

In order to fulfil the Article 6 legal requirements the following information should be supplied with the application:

A. Full description of the proposed operation/activity

- A full description of the proposed construction and operational methodology including the likely time-scale of works.

- Are there similar operations/activities already in the locality? If existing operations/activities occur adjacently then a justification for additional facilities should be included. Would the proposed works act in conjunction with any existing developments?

- The facilities or licensing arrangements to be put in place to cope with both biological and industrial waste (e.g. construction materials, dredge spoil etc) generated during construction of the proposed facility should be detailed.

- Detailed contingency plans sufficient to address potential negative interactions with the marine environment eg. oil spills.

B. Baseline Description of relevant environment

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- If there is construction proposed over the designated area then a description of the biological environment over which the activity will impact including the marine flora and fauna must be included.

- Consideration should be given to whether the likely construction/operation would result in disturbance or loss to Annex I habitats (Reefs). Any loss or interruption of normal processes must be quantified relative to the entire designated area not just within the direct footprint of development. The evaluation should also reference the biological communities identified within the proximity of the proposed development.

- A baseline description of the presence of marine mammals listed on Annex II and IV of Council Directive 92/43/EEC must be completed prior to supplement the Article 6(3) Assessment (harbour porpoise is a qualifying interest for this site). This must be of sufficient resolution to predict the likely interaction with these species over both a spatial and temporal scale. It is likely that existing data sources will be useful in formulating this assessment, however, additional data collection should be considered. It is recommended that suitably qualified marine mammal ecologists should be involved in undertaking relevant assessments. This document will inform on decisions related to Article 12 of the Habitats Directive and Regulation 51 of the European Communities (Birds and Natural Habitats) Regulations of 2011.

Explanation of how Advice from National Parks and Wildlife Service has been taken on-board in the Foreshore Application:

In response to the advice and requests made by National Parks and Wildlife Service in their submission, the following standalone reports were produced which address their concerns and requirements:

Natural Impact Statement, RPS, 2020.

Marine Mammal Risk Assessment of Proposed Dublin Port Company Maintenance Dredging and Disposal at Sea. IWDG Consulting, 2020.

Benthic Ecology and Fisheries Assessment. Aquatic Services Unit, UCC, 2020.

The above reports have all been prepared by experts competent and experienced in their specialist fields.

Marine Survey Office (MSO)

The MSO advised that this (application) will only be considered on receipt of a foreshore application which should be forwarded in full to the Department of Housing, Planning and Local Government (now DHLGH).

It would appear that this is a standard maintenance dredge application which should follow the same procedure as previous dredge applications received by this department.

Explanation of how Advice from Marine Survey Office has been taken on-board in the Foreshore Application:

RPS followed the DHLGH guidance when preparing the foreshore consent application. This ensures that the submission is complying with their requirements and also those of the prescribed bodies such as MSO who will be commenting on the application.

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No further responses were received up until the date of submission of the foreshore license application.

1.2 Pre-application consultation with Marine Institute

Dublin Port Company (DPC) consulted with the Marine Institute regarding their plans to submit both Foreshore Licence and Dumping at Sea Permit applications for an eight year maintenance dredging programme (2022-2029). DPC also discussed their plans to undertake further capital dredging works within Dublin Harbour as set out in the Dublin Port Masterplan 2040, reviewed 20118.

Further to this consultation, the Marine Institute issued a Sampling & Analysis Plan (SAP) to DPC on 27th March 2020 designed to cover both the proposed eight year maintenance dredging programme (2022-2029) and DPC’s capital dredging requirements in Dublin Harbour.

The details of the sediment volumes and sediment chemistry are presented under separate cover.

.

1.3 Consultation with other relevant stakeholders

Regular communication takes place between DPC Harbour Master’s Office and the users of the Port. Regular maintenance dredging is essential for the viability and safety of the users of Dublin Port’s facilities.

Regular communication also takes place between DPC and the Winter Swimming Group who regularly swim either side of the North Bull Wall. At the request of the Winter Swimming Group, DPC has deployed a water quality monitoring buoy as close as possible to the area used for swimming within the Tolka Estuary. The buoy measures turbidity and it will be present throughout the proposed maintenance dredging campaigns between 2022 and 2029.

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2 CONSULTATION DURING FORESHORE CONSENTING PROCESS

2.1 Public Consultation Phase

Following review of the Foreshore Licence application by DHLGH, DPC will advertise the foreshore licence application in both the National Press and Local Press and offer the public the opportunity to view the proposals and to make submissions directly to the Department. The period of public consultation will extend to 30 working days. The application material will be made available on the Departments’ website and DPC will also upload the material onto their website at a dedicated page for “Dredging Activities”. If people don’t have access to the internet, the material will also be made available in hard copy format at Garda Stations (providing Covid 19 regulations allow at the time) in close proximity to Dublin Port.

Any submissions that are made by the public during this phase of the process are compiled by DHLGH and will be provided to DPC for comment and response if necessary when the public consultation phase concludes.

2.2 Consultation with Prescribed Bodies

DHLGH will provide copies of the application material to a number of prescribed bodies as set out in the Foreshore Legislation to seek their views on the proposal. Following this consultation, DHLGH will provide DPC with a summary of the responses from the prescribed bodies. There will be an opportunity for DPC to respond on any issues raised by the prescribed bodies and provide further information or clarification on any points that they might raise.

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3 CONSULTATION DURING MAINTENANCE DREDGING CAMPAIGNS

Subject to DHLGH granting foreshore consent, DPC will undertake to inform relevant stakeholders in advance of maintenance dredging taking place:

DHLGH will be informed of the commencement date, two weeks in advance

A Marine Notice will be issued by DPC.

DPC will insert a Public Notice in the local press to inform the general public in advance of maintenance dredging commencing.

DPC will display key information with respect to the maintenance dredging campaigns on their website.

DPC has a dedicated community liaison team to deal with any issues or concerns which may arise from the public during the maintenance dredging campaign. DPC are happy to meet and discuss with any stakeholders that may wish to discuss the maintenance dredging before, during or after the campaigns.

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Appendix A

Consultation Letter issued to relevant Stakeholders

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Our ref: IBE1618/ltr1

Date: 6th May 2020

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Elmwood House

74 Boucher Road, Belfast

Co. Antrim BT12 6RZ

T +44 2890 667 914

Page 1

The Manager

Development Applications Unit

Department of Culture, Heritage and the Gaeltacht

Dear Sir/Madam

Dublin Port Company – Proposed Maintenance Dredging 2022 - 2029

Dublin Port Company (DPC) need to carry out regular maintenance dredging of the navigation channel,

basins and berthing pockets in order to maintain their advertised charted depths and hence provide safe

navigation for vessels to and from the Port.

DPC is seeking permissions to undertake an eight year maintenance dredging programme between 2022

and 2029. It is proposed to undertake the maintenance dredging and disposal at sea operations within the

period April to September each year. The dredging campaign within each of these periods is expected to

last approximately 4-6 weeks, depending on weather conditions.

In order to carry out maintenance dredging, it is necessary to have the following statutory permits in place:

Foreshore Licence issued by the Department of Housing, Planning and Local Government

Dumping at Sea Permit issued by the EPA

RPS are currently preparing the applications for the above two consents on behalf of Dublin Port Company.

It is anticipated that the applications for Foreshore Consent and Dumping at Sea Permit will be lodged

during October 2020.

Please find attached a short project description outlining the proposed maintenance dredging operations

and drawings showing the location of the loading areas and licenced offshore disposal site.

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Our ref: IBE1389/ltr5

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. No.. . Page 2

We welcome your comments on the proposed eight year maintenance dredging programme and if there is

any specific issues you wish to see in the applications, please let us know. We would greatly appreciate a

response by 31st May 2020.

Yours sincerely,

for RPS

Senior Associate - Water Environment and Flood Risk Management

Enc: Project Information

Maintenance dredging drawings

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Dublin Port Company

Proposed Eight Year Maintenance Dredging Programme 2022 to 2029

Project Information

Summary of proposed maintenance dredging works

Dublin Port Company (DPC) need to carry out regular maintenance dredging of the navigation channel, basins and berthing pockets in order to maintain their advertised charted depths and hence provide safe navigation for vessels to and from the Port. The loading of dredged material will be restricted to those areas of the navigation channel, basins and berthing pockets which contain sediments which are suitable for disposal at sea (Class 1 : uncontaminated, no biological effects likely). Confirmation of the suitability of the dredged sediments for disposal at sea is made through a programme of sediment chemistry sampling and analysis and eco-toxicological testing. It is proposed to dispose of the dredged sediments at the existing licensed offshore disposal site located at the entrance to Dublin Bay to the west of the Burford Bank, (6.75 km from the lighthouse at the end of the Great South Wall). The approximate amount of material to be dredged is 300,000 cubic metres per annum and it consists mostly of silt and sand with elements of clay, gravel and cobbles. Dredging will be carried out by a trailer suction hopper dredger and support vessels. It is proposed to undertake the maintenance dredging and disposal at sea operations within the period April to September each year between 2022 and 2029. The dredging campaign within each of these periods is expected to last approximately 4-6 weeks, depending on weather conditions.

Consent Requirements

DPC propose to submit an application to the Environmental Protection Agency for a permit under Section 5 of the Dumping at Sea Acts 1996 to 2010. The application is for the loading and dumping of dredged material arising from the proposed maintenance dredging programme.

DPC also propose to submit an application to the Department of Housing, Planning & Local Government (DHPLG) for a Foreshore Licence under the Foreshore Act 1933 (as amended).

Dredging Operations

The location of the proposed areas to be dredged (loading areas) and the existing licenced offshore dump

site are presented on the following drawings:

IBE1618/2022-2029/01/ RevA Location of Loading Activity

IBE16188/2022 - 29/02/ RevA Location of Loading and Disposal Activity

It is proposed that the following annual quantities of material will be dredged from the Inner Liffey Channel

and Dublin Bay during the proposed maintenance dredging campaigns.

Inner Liffey Channel (Dublin Harbour, area within the Bull Walls)

The Annual Average quantity of siltation within the inner Liffey channel based on previous maintenance

dredging campaigns is circa 120,000 cubic metres

The proposed maximum annual volume is 150,000 cubic metres. The material to be dredged is mostly silt.

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Dublin Bay (area of navigation channel outside the Bull Walls)

The navigation channel has been dredged from -7.8m Chart Datum to -10.0m CD under the Alexandra

Basin Redevelopment (ABR) Project. Siltation is likely during storm activity.

The proposed maximum annual volume is 150,000 cubic metres. The material to be dredged is mostly fine

sand.

Total Volume and Tonnage over the eight year maintenance dredging programme

The total volume over the eight year maintenance dredging programme is 2,400,000 cubic metres

A conversion factor of 1.65 will be used to convert ‘volume’ to ‘wet tonnes’ (as per ABR Project Capital

Dredging, Dumping at Sea Permit S0024-01)

The total tonnage to be requested under the proposed consents is therefore 3,960,000 wet tonnes

Dredging Windows

The proposed maintenance dredging will be restricted to the summer period (April – September). Capital

dredging works will be restricted to the winter period (October – March). This separation provides the clarity

required by the EPA to enforce separate permits for maintenance and capital dredging programmes.

Environmental Considerations

DPC’s current practice is to dispose of the dredge material at the licensed offshore disposal site located to

the west of the Burford Bank in compliance with the conditions of a Dumping at Sea Permit from the EPA.

The licenced offshore disposal site lies within the Rockabill to Dalkey Island candidate Special Area of

Conservation (site code: 003000). The qualifying interests for the site are Harbour Porpoise and reefs. As

there are no reefs near to the site, the key qualifying interest is Harbour Porpoise.

In order to safeguard the Harbour Porpoise, DPC confirms that it shall be fully compliant with the

requirements set out in National Parks & Wildlife Service’s “Guidance to Manage the risk to Marine

Mammals from Man-made Sound Sources in Irish Waters” (January 2014) in respect of both the

maintenance dredging activity on the foreshore and the disposal activity at the licensed offshore disposal

site. As part of this commitment, an independent, suitably qualified, Marine Mammal Observer will be

present during the dredging and dumping activities to ensure full compliance with the Guidance. This will

ensure that the maintenance dredging will have no measureable impact on the welfare of Harbour Porpoise

in Dublin Bay and the Irish Sea.

Additional Proposed Maintenance Dredging Restrictions

DPC propose the additional maintenance dredging restrictions

No overspill from dredger will be allowed within the inner Liffey channel;

The filled hopper volume within the inner Liffey channel will be limited to 4,100 cubic metres (in line

with the ABR Project) to control concentrations of suspended solids at the dump site;

Overspill from dredger will however be allowed within Dublin Bay. Furthermore there will be no restriction

on hopper capacity within Dublin Bay because the fine sand does not give rise to a significant sediment

plume at the dump site

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Pier Head to be removed under the MP2 Project (ABP-304888-19) Zone 1 - Navigation Channel

Zone 4Oil Berths

Zone 3 Alexandra Basin East

Zone 2 - South Quays

Zone 5 - LoLo Container & Ferry Terminals

Zone 6 - Sludge/Oil Jetty

Rev Amendments Drawn by Date

Client

Project

Title

Drawing Status Sheet Size Drawing Scale

Drawing Number

Project Leader Drawn By Date Initial Review

¯

Dublin Port CompanyMaintenance Dredging Campaign 2022-2029

2022 -2029 Maintenance DredgingLocation of loading activity

Elmwood House74 Boucher Road BelfastBT12 6RZ

T +44 (0) 28 90 667914F +44 (0) 28 90 668286W www.rpsgroup.com/irelandE [email protected]

DRAFT A3 1:12,000

27/04/2020

IBE1618/ 2022-2029 / 01 A1:20,000

0 0.75 1.5 2.25 30.375Km

0 375 750 1,125 1,500187.5Metres

NOTES: 1. Verifying Dimensions.

The contractor shall verify dimensions against such other drawings or site conditions as pertain to this part of the work.

2. Existing Services. Any information concerning the location of existing services indicated on this drawing is intended for general guidance only. It shall be the responsibility of the contractor to determine and verify the exact horizontal and vertical alignment of all cables, pipes, etc. (both underground and overhead) before work commences.

3. Issue of Drawings. Hard copies, dwf and pdf will form a controlled issue of the drawing. All other formats (dwg, dxf etc.) are deemed to be an uncontrolled issue and any work carried out based on these files is at the recipients own risk. RPS will not accept any re sponsibility for any errors arising from the use of these files, either by human error by the recipient, listing of un -dimensioned measurements, compatibility issues with the recipient's software, and any errors arising when these files are used to aid th e recipients drawing production, or setting out on site.

4. Datum. 5. © Ordnance Survey Ireland of Ireland /

Government of Ireland. Ordnance Survey Ireland Licence No. EN0001618

Maintenance Dredging Area 2022 - 2029Zone 1 - Navigation ChannelZone 2 - South QuaysZone 3 - Alexandra Basin EastZone 4 - Oil BerthsZone 5 - LoLo Container & Ferry TerminalsZone 6 - Sludge/Oil Jetty

Rev

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Rev Amendments Drawn by Date

Client

Project

Title

Drawing Status Sheet Size Drawing Scale

Drawing Number

Project Leader Drawn By Date Initial Review

¯

Dublin Port CompanyMaintenance Dredging Campaign 2022-2029

2022 -2029 Maintenance DredgingLocation of loading and disposal activity

Elmwood House74 Boucher Road BelfastBT12 6RZ

T +44 (0) 28 90 667914F +44 (0) 28 90 668286W www.rpsgroup.com/irelandE [email protected]

DRAFT A3 1:40,000

27/04/2020

IBE1618/ 2022-2029 / 02 A0 1.5 3 4.5 60.75Km

NOTES: 1. Verifying Dimensions.

The contractor shall verify dimensions against such other drawings or site conditions as pertain to this part of the work.

2. Existing Services. Any information concerning the location of existing services indicated on this drawing is intended for general guidance only. It shall be the responsibility of the contractor to determine and verify the exact horizontal and vertical alignment of all cables, pipes, etc. (both underground and overhead) before work commences.

3. Issue of Drawings. Hard copies, dwf and pdf will form a controlled issue of the drawing. All other formats (dwg, dxf etc.) are deemed to be an uncontrolled issue and any work carried out based on these files is at the recipients own risk. RPS will not accept any re sponsibility for any errors arising from the use of these files, either by human error by the recipient, listing of un -dimensioned measurements, compatibility issues with the recipient's software, and any errors arising when these files are used to aid th e recipients drawing production, or setting out on site.

4. Datum. 5. © Ordnance Survey Ireland of Ireland /

Government of Ireland. Ordnance Survey Ireland Licence No. EN0001618

Maintenance Dredging Area 2022 - 2029Maintenance Dredging Disposal Area 2022 -2029

Rev

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Appendix B

Consultee Responses

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Aonad na nIarratas ar Fhorbairt, Bóthar an Bhaile Nua, Loch Garman, Y35 AP90

Development Applications Unit, Newtown Road, Wexford, Y35 AP90

[email protected]

www.chg.gov.ie

Your Ref: Dublin Port Dredging

Our Ref: G Pre00072/2020

(Please quote in all related correspondence)

18 August 2020

Elmwood House

74 Boucher Road

Belfast BT12 6RZ

Northern Ireland

Via email

Re: Proposed Maintenance Dredging at Dublin Port during 2022-2029

A chara

On behalf of the Department of Culture, Heritage and the Gaeltacht, I refer to

correspondence received in connection with the above.

Outlined below are heritage-related observations/recommendations of the Department

under the stated heading(s).

Underwater Archaeology

Recent dredging operations carried in Dublin Port connected with the Alexander Basin

redevelopment project has resulted in the discovery of a number of artefacts and a new

wreck site in areas where the proposed maintenance dredging is to be carried out.

Given the archaeological potential of the dredging area and in light of these recent

discoveries it is recommended that all known wreck sites located within the proposed

dredged zone are subject to 30m exclusion zones. No dredging should take place within

the exclusion zones. Should new wreck sites be discovered during future ABR dredge

campaigns then these too should be subject to exclusion zones. A chart showing the

location of the exclusion zones in relation to the dredge areas should be forward to this

Department in advance of dredging proceeding.

Nature Conservation

EU Habitats Directive- Article 6(3) assessment

The proposed activity would occur within and adjacent to inter alia the following Natura

2000 sites:

Rockabill to Dalkey Island Special Area of Conservation (Site code: IE002137).

Details of the site synopses and qualifying interests of Natura sites are available on

http://www.npws.ie/protected-sites. Further information related to site specific conservation

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In response to COVID-19, RPS has adapted the way we work to ensure we remain connected

with you and our colleagues, and continue to deliver good work.

We recognise that the months ahead will pose challenges for many of our clients and

partners. We’re here to help in any way we can. While COVID-19 might separate us physically

in the short term, please know that we’re here, we’re with you and we’re stronger together.

If you need support or would like to discuss your forward looking priorities, please get in

touch. You can continue to contact me in the usual ways via phone and email, or we can set

up a virtual meeting.

This e-mail message and any attached file is the property of the sender and is sent in confidence to the addressee only.

Internet communications are not secure and RPS is not responsible for their abuse by third parties, any alteration or corruption intransmission or for any loss or damage caused by a virus or by any other means.

RPS Group Plc, company number: 208 7786 (England). Registered office: 20 Western Avenue Milton Park Abingdon OxfordshireOX14 4SH.

RPS Group Plc web link: http://www.rpsgroup.com

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2

objectives are also available at this location by interrogating the Site Code. Additional

supporting information and referenced publications are also available to download from this

resource. Site boundaries and mapped habitat resources are available to download from

http://www.npws.ie/maps-and-data.

Article 6(3) of Council Directive 92/43/EC (the Habitats Directive) states that “Any plan or

project not directly connected with or necessary to the management of the [Natura] site but

likely to have a significant effect thereon, either individually or in combination with other

plans or projects, shall be subject to appropriate assessment of its implications for the site

in view of the site's conservation objectives”. This is transposed into national legislation by

Regulation 42 of the European Communities (Birds and Natural Habitats) Regulations

2011. The proposed development would require such an assessment as the works would

occur within or adjacent to designated Natura sites.

Guidance on this process can be found within “Assessment of plans and projects

significantly affecting Natura 2000 sites: Methodological guidance on the provisions of

Article 6(3) and (4) of the Habitats Directive 92/43/EEC” published by the European

Commission in 2001. A document entitled “Appropriate Assessment of Plans and Projects

in Ireland: Guidance for Planning Authorities” published by the Department of the

Environment, Heritage & Local Government is available to download on

http://www.npws.ie/protected-sites/guidance-appropriate-assessment-planning-authorities.

Additional information is also available at http://www.npws.ie/guidance-appropriate-

assessment-planning-authorities.

In order to fulfil the Article 6 legal requirements the following information should be supplied

within the application:

A. Full description of proposed operation/activity

A full description of the proposed construction and operational methodology

including the likely time-scale of works.

Are there similar operations/activities already in the locality? If existing

operations/activities occur adjacently then a justification for additional facilities

should be included. Would the proposed works act in conjunction with any

existing developments?

The facilities or licensing arrangements to be put in place to cope with both

biological and industrial waste (e.g. construction materials, dredge spoil etc.)

generated during construction of the proposed facility should be detailed.

Detailed contingency plans sufficient to address potential negative interactions

with the marine environment e.g. oil spills.

B. Baseline description of relevant environment

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3

If there is construction proposed over the designated area then a description of

the biological environment over which the activity will impact including the

marine flora and fauna (infauna, epifauna etc) must be included. Some

information will already exist through the conservation objective setting process.

However, this may need to be supplemented by collecting intertidal or subtidal

data as appropriate. The data collection exercise should be sufficiently

intensive to adequately predict the expected habitat interaction.

Consideration should be given to whether the likely construction/operation

would result in disturbance or loss to Annex I habitats (Reefs). Any loss or

interruption of normal processes must be quantified relative to the entire

designated area not just within the direct footprint of development. The

evaluation should also reference the biological communities identified within the

proximity of the proposed development.

A baseline description of the presence of marine mammals listed on Annex II

and IV of Council Directive 92/43/EEC must be completed prior to supplement

the Article 6(3) Assessment (harbour porpoise is a qualifying interests for this

site). This must be of sufficient resolution to predict the likely interaction with

these species over both a spatial and temporal scale. It is likely that existing

data sources will be useful in formulating this assessment, however, additional

data collection should be considered. It is recommended that suitably qualified

marine mammal ecologists should be involved in undertaking relevant

assessments. This document will inform on decisions related to Article 12 of the

Habitats Directive and Regulation 51 of the European Communities (Birds and

Natural Habitats) Regulations of 2011.

You are requested to send further communications to this Department’s Development

Applications Unit (DAU) at [email protected] (team monitored); if this is not

possible, correspondence may alternatively be sent to:

The Manager

Development Applications Unit (DAU)

Department of Culture, Heritage and the Gaeltacht

Newtown Road

Wexford

Y35 AP90

Is mise, le meas

__

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Development Applications Unit

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From:To:Cc:Subject: RE: Proposed Maintenance Dredging at Dublin Port during 2022-2029Date: 11 May 2020 14:43:35Attachments: image002.png

CAUTION: This email originated from outside of RPS.Good afternoon I refer to the above and wish to advise that this will only be considered on receipt of a foreshoreapplication which should be forwarded in full to the Department of Housing, Planning and LocalGovernment.It would appear that this is a standard maintenance dredge application which should follow thesame procedure as previous dredge applications received by this department. Kind regards.

Marine Survey Office__An Roinn Iompair, Turasóireachta agus Spóirt

Department of Transport, Tourism and Sport An Tsráid Mhór Uachtarach, Béal Átha Seanaidh, Co. Dhún Na Ngall, F94 C44W

Upper Main Street, Ballyshannon, Co Donegal, F94 C44W

__T

[email protected] www.dttas.gov.ie

From: @rpsgroup.com] Sent: 06 May 2020 11:28To: Subject: Proposed Maintenance Dredging at Dublin Port during 2022-2029 Dear We wish to consult with the Marine Survey Office regarding the above proposed project. Pleasefind attached relevant information. If you require any further detail please let me know. Yours sincerelyFor RPS

Senior Associate - Water Environment and Flood Risk ManagementRPS | Consulting UK & Ireland Elmwood House74 Boucher Road, BelfastCo. Antrim BT12 6RZ, United KingdomT +44 2890 667 914

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rpsgroup.com LinkedIn | Facebook | Instagram | YouTube

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with you and our colleagues, and continue to deliver good work.

We recognise that the months ahead will pose challenges for many of our clients and

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If you need support or would like to discuss your forward looking priorities, please get in

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RPS Group Plc, company number: 208 7786 (England). Registered office: 20 Western Avenue Milton Park Abingdon OxfordshireOX14 4SH.

RPS Group Plc web link: http://www.rpsgroup.com

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