REPORT OF THE MARINE LICENCE VETTING COMMITTEE (MLVC)
on
FORESHORE LICENCE APPLICATION FOR PIPED RIVER CROSSING IN
CONNECTION WITH DEVELOPMENT OF SEWER NETWORK FOR THE
MALIN SEWERAGE SCHEME
Dr. Terry McMahon
Chair, Marine Licence Vetting Committee
28 September 2010
Donegal County Council– Foreshore Licence Application for piped river crossing in
connection with the development of a sewer network for the Malin Sewerage
Scheme (MS51/15/607A)
Background
An initial foreshore consent application in respect of this development was submitted in
2002 and a revised application was submitted in May 2006. Engineering Division of
DAFM requested further information in October 2006 and this information was provided
by Jennings O’Donovan & Partners, on behalf of Donegal County Council, in February
2007.
The proposed works involve the construction of a piped river crossing to carry sewage
across the Ballyboe River at Malin, Co. Donegal. This river crossing is part of the Malin
Sewage Scheme, designed as a collector system which will deliver sewage to the
Carndonagh Waste Water Treatment Plant for treatment. This plant was opened in
February 2005 and provides secondary and tertiary treatment to both municipal and
industrial wastewater. The treatment also includes UV disinfection of the final effluent to
protect the designated shellfish growing waters in Trawbreaga Bay into which the
effluent discharges. In April 2010 a Waste Water Discharge Permit in respect of this
plant was issued by the EPA.
The proposed works on the foreshore are not of a class that would require the submission
of an Environmental Impact Statement.
The area of foreshore in question is located within the North Inishowen Coast SAC (Site
Code 002012).
Public Consultation
A public notice concerning this application was advertised in the “Irish Times” on 29th
October 2008 and the documents were available for inspection at Buncrana Garda Station
from 23rd October 2008 – 9th January 2009. No submissions were received during the
public consultation period.
MLVC Considerations
The following documents were considered:


Foreshore Licence Application. (MS51/15/607A)
Written submissions from DAFM (Engineering Division) DAHG (Underwater
Archaeology and Nature Conservation Units), Marine Survey Office, Marine
1

Institute, Northern Regional Fisheries Board and Sea Fisheries Protection
Authority.
Responses from the applicant to requests for further information in relation to
Engineering and Nature Conservation aspects of the proposed works.
No objections to a permit being issued were raised.
DAHG (Development Applications Unit) confirmed by letter of 16th August 2007 that the
further information submitted adequately addressed the nature conservation issues and
was an appropriate assessment of the potential impacts on the designated North
Inishowen Coast SAC.
The MLVC considers that, subject to compliance with the specific conditions set out
below, the proposed works would not have a significant negative impact on the marine
environment, would not adversely impact on the North Inishowen Coast SAC and
therefore recommends that a permit be issued.
Proposed Licence Conditions
1. The licensee shall engage the services of a suitably qualified archaeologist to
undertake archaeological monitoring of the proposed works.
2. The archaeological monitoring shall be licensed by the Department of Arts,
Heritage and the Gaeltacht and a detailed method statement should accompany
the archaeological licence application to that Department.
3. All topsoil stripping and ground works for the proposed Malin Sewerage Scheme
shall be archaeologically monitored.
4. The areas for the proposed works compound, access roads and works traffic shall
also be subject to archaeological monitoring during the setting up of the
compound.
5. All greenfield topsoil stripping and works shall be archaeologically monitored.
6. No works should enter the constraints areas or impact any recorded monument
protected under Section 12 of the National Monuments Acts 1930-2004.
7. The site of a former well located 20 metres from the proposed works for the Phase
2 gravity sewer pipeline (C9-C5) from Carrowmore to Rockville shall not be
impacted by the proposed works. A temporary fence highlighting its location
shall be erected around the well area during the course of the works to prevent
inadvertent impacts directly by the works themselves or indirectly by works
traffic.
2
8. The monitoring archaeologist will have the power to have works stopped if
potential archaeology is impacted and all works in those areas shall not
recommence until the potential archaeology has been fully resolved.
9. Should archaeology be impacted during the course of the works preservation in
situ (avoidance through redesign of works) or preservation by record
(archaeological excavation) may be required. The licensee shall be advised by the
Department of Arts, Heritage and the Gaeltacht in this regard.
10. Should there be any changes to the proposed works the Department of Arts,
Heritage and the Gaeltacht shall be informed, as further archaeological mitigation
may be required.
11. In relation to the proposed river crossing for a 300mm diameter iron pipe.
(a) The works shall be carried out in accordance with Drawings 3154/FS/001
and 3154/FS/002.
(b) The pipeline shall be buried along its length with a minimum cover of
500mm.
(c) The foreshore is to be reinstated to its original condition.
(d) The mitigation measures as described in the “Assessment of the Impact of
the Proposed Malin Sewerage Scheme”, Ref 1979-049.doc, shall be
strictly adhered to.
(e) Any design changes, shall be notified to the Department of the
Environment, Community and Local Government a minimum of 4 weeks
prior to the commencement of works.
12. In relation to the Pumping Stations the following conditions shall apply
(a) With respect to the emergency overflow at Pumping Station No. 2, a
Maintenance Agreement, between the relevant parties, shall be put in
place to ensure that the pumps and other ancillary equipment necessary for
the uninterrupted operation of the sewerage scheme, are maintained in
good condition so that overflow to the foreshore is eliminated or at the
very least kept to a minimum.
(b) In the interest of minimising the potential for overflow to the foreshore
from Pumping Station No. 2, the pumping station shall be fitted with the
necessary telemetry to allow for remote monitoring and alarm systems that
would activate in the event of a power failure or mechanical failure.
(c) In the event of failure of the duty pump, adequate stand-by pumping
capacity (100%) must be provided at Pumping Station No. 2.
(d) Overflows to the foreshore from other pumping stations or any other point
on the sewerage scheme for Malin is prohibited.
3
(e) The material from the trench excavation that is to be used to cover the pipe
shall be sown with grass seed to stabilise it.
(f) The licensee shall ensure that all measures are taken to prevent the
discharge of raw sewerage to the foreshore.
13. Works shall be carried out within the period May-September and be confined to
the tidal cycle i.e. during the period from high water to low water.
14. Prior to the commencement of works a Construction Method Statement, including
the timing of the proposed works, shall be agreed in consultation with the Inland
Fisheries Ireland.
4