REPORT OF THE MARINE LICENCE VETTING COMMITTEE (MLVC)
on
FORESHORE LICENCE APPLICATION FOR MARINE SITE INVESTIGATION WORKS (FS006840).
APPLICANT: ORIEL WINDFARM LTD
Mr. P. J. Shaw Marine Licence Vetting Committee 15th April 2019
Oriel Windfarm Ltd – Foreshore Licence Application for Marine Site Investigation Works (FS006840).
Project Description Oriel Windfarm Ltd has submitted an application for a Foreshore Licence to undertake
various suites of marine surveys and site investigations in order to assess site and seabed
conditions for the purposes of selecting optimum route for the sub marine electricity cables
required and for the development of an offshore wind farm off the east coast of Ireland in the
vicinity of Dundalk Bay Co Louth .The proposed surveys and site investigations are necessary
to update on information previously acquired in 2005 on foot of a previous Foreshore Licence
to allow cable design and the development of cable installation methodologies, to acquire
baseline data to optimise the wind farm layout design and finalise offshore foundation locations
and to acquire baseline data on wind resources and baseline information for environmental
studies of the area.
Oriel intends to carry out geophysical, geotechnical, ecological and metocean marine surveys
to build on information gathered in previous surveys by:
Confirming the geological/geophysical model of the site
Determining the vertical and lateral variation in seabed conditions
Confirming the suitability of the site for the installation of an offshore wind farm
Providing the relevant geotechnical data for the design of the offshore wind farm
Updating the geological desk study
Updating the baseline environmental data of the site.
Enabling the preparation of an updated EIS and NIS
The location of the proposed site investigations area is shown in the following drawings submitted by the applicant: Drawing No. FL001, "Site Investigation Foreshore Licence Application Area", dated 12/11/2018 Drawing No. FL002, "Site Investigation Area Details", dated 12/11/2018 Drawing No. FL003, "Site Investigation Area with Ordnance Survey Map", dated 12/11/2018 Drawing No. FL004, "Site Investigation Area and Protected Sites", dated 12/11/2018 Drawing No. FL005, "Site Investigation Foreshore Map", dated 12/11/2018
It is proposed that the site investigations will include the following: Geophysical Survey - The purpose of the geophysical survey is to determine the seabed characteristics in the survey area and will involve the use of a multibeam echo sounder, magnetometer, side scan sonar, sub-bottom profiler and ultra-high resolution multi-channel seismic system. The sub-bottom profiler will be employed within the proposed cable route corridor only while the Ultra-high-resolution multichannel seismic system will be employed within the proposed windfarm site only. Geotechnical survey - this will involve the drilling of 10 boreholes, to a nominal depth of 40m below the seabed, within the proposed windfarm area and 13 vibrocores/ gravity cores within the proposed cable route corridor. Ecological Survey - It is intended that a marine mammal survey will be undertaken by an on-board marine mammal observer and 3- 4 CPODs may also be deployed to carry out acoustic monitoring of marine mammal activity in the area. It is also intended to collect sediment samples, using a VanVeen grab or similar device, for benthic analysis at 10 locations in the area Metocean Survey-It is intended to deploy a floating weather station which will include a wave rider and a wind measurement LIDAR current profiler. - Further details of the proposed site investigations are provided in the document entitled: "Oriel Wind Farm· Foreshore licence Application for Marine Survey", Issue 1’’ 12 November
2018, prepared by ARUP Consultants, submitted with the application. The overall survey area which includes the proposed wind farm site(not the subject of this
foreshore licence application ) and a proposed cable route corridor is 52.29km2 and is shown
on Drawing No’s FL 001 - FL005
Contracts have not yet been awarded for these surveys ,however details of typical equipment
is outlined with reference to Appendix B of the’ Foreshore Licence for Marine Survey’
document’ The indicative location for the proposed survey points (spot locations) is shown
on Drawing No FL005 .
The provisional programme for undertaking the surveys and site investigations, subject to weather conditions, is outlined at 1.8 of the completed Foreshore Application Form and is as follows:
Geophysical Survey 1 week (weather dependent)
Geotechnical Investigations 1 Month (weather dependent)
Metocean surveys (current,wave,wind) 12months
In parallel with the Geotechnical and Geophysical surveys on-going Benthic and Marine Mammal surveys will be undertaken. The exact equipment/vessels to be used will be confirmed following a tender process to procure the site investigation contractor: It is anticipated that two survey vessels will be required to complete the works as follows:
Large survey vessel –offshore investigations-
Smaller vessel suitable for near shore site investigations The survey vessel used for offshore works will be either a jack-up barge or a Dynamic Positioning (DP) vessel. The vessels will be comparable to those typically used in the industry for carrying out similar technical work and will possess all relevant classification and certificates. There will be no access to the foreshore from the landward side .All works will be carried out from vessels which may mobilise directly to site from its base or from a suitable facility such as Dublin Port. All vessels shall comply with the latest International Maritime Organisation (IMO) and Safety of Life at Sea (SOLAS) and environmental requirements for their classification and with any national requirement of the territorial or continental /EEZ waters to be operated in.
All vessels will comply with marine certification requirements and when works are scheduled,
Oriel proposes to arrange for the publication of local marine notices giving a general
description of the operation and approximate dates for commencement and completion. All
buoys to be deployed within the survey area will comply with CIL standard navigation
requirements with regard to lighting, positioning and mooring. More details in relation to the type of survey vessels and technical information is provided with reference to Section 2.1 (ref “Foreshore Licence for Marine Survey’’ document Pages 4-6)
The overall aim of the site investigations is to collect the necessary data and information required to optimise the layout and design of an offshore windfarm in the area, finalise offshore foundation locations, select an optimum route for submarine electricity cables from the wind farm, allow cable design and the development of cable installation methodologies and to acquire baseline data on the wind resource and baseline environmental information in the area. There is commercial fishing activity within the proposed site investigation area and therefore some interaction with fishing activity may occur. Indeed the mainstay of the Public Submissions in relation to this application raised concerns as to the potential negative impacts that may result on shell fishing grounds contained within the survey area primarily as a result of the Geophysical survey element. It is considered that such interaction will be limited and overall will not be significant. It is also noted that relevant Site Investigations and marine surveys shall comply with the NPWS (2014) “Guidance to Manage the risk Marine Mammals from Man-made Sound sources in Irish Waters” including the employment of a Marine Mammal Observer as appropriate.
Furthermore the It is recommended, that the applicants be required to appoint a Fisheries Liaison Officer who will consult with the SFPA and relevant fishermen’s groups in order that appropriate actions can be taken to avoid or minimise interactions with on-going fishing activity in the area during the course of the site investigations. This is a key recommendation of both Marine Institute and DAFM (based on their respective submissions during the Consultation process) and a key issue to address the mainstay of the Public Submissions from fishermen (primarily involved with shellfish species) operating within the area. The MLVC concurs with this recommendation and an appropriate Foreshore Licence Condition is proposed to address this. The project is not of a class that requires the submission of an Environmental Impact Statement. There are a number of Natura 2000 sites adjacent to or within 10km of the proposed survey site. The sites are as follows: Dundalk Bay SAC (Code 000455) 5.2km from survey area Dundalk Bay SPA (Code 004026) 1.0 km from survey area Carlingford Shore SAC (Code 002036) 4.4 km from survey area Carlingford Lough SPA (Code 004078) 5.7km from survey area Carlingford Mountain SAC (Code 000453) 9.9 km from survey area Clogher Head SAC (Code 001459) 7.1 km from survey area
Given the presence of marine mammals in the survey area and given their foraging range to extend beyond 10km from the survey area and given the number of European Sites designated for marine mammal species in the Irish Sea ,the potential impact on the Qualifying Interest (‘’Marine Mammal species) due to underwater acoustic noise is considered to be significant and therefore the following Natura 2000 sites were considered within the applicants ‘’Report for Screening for AA and Natura Impact Statement’’ document dated 24/10/2018 : Murlough (UK0016612) 22km from site Rockabill to Dalkey Island SAC (003000) 30km from site Lambay Island SAC (000204) 42.5km from site North Channel MPA (UK0030399) 48.7km from site Strangford Lough SAC (UK0016618) 50.7km from site North Anglesey Marine MPA (UK0030398) 56 km from site
A separate assessment of the impacts of the proposed site investigations on the Conservation Objectives of these Natura 2000 sites including a review of the NIS as submitted by the Applicants in conjunction with the Application has been carried out by this Department Having considered the Department’s AA Report (dated 12/12/2019), where it reviewed the NIS as submitted by the Applicants, the MLVC would concur with its conclusions that subject to the adoption of the proposed mitigation measures as presented in Section 6.3 of the NIS that the proposed works will not impact on the conservation
objectives and qualifying interests of any Natura 2000 site within 100km of the proposed survey site.
Public Consultation Public notices concerning this application were published in the “Irish Times” on 23/11/2018, the ‘Argus’ on 27/11/2018 and the “Dundalk Democrat” on 27/11/2018. The public display documents were made available at Dundalk Garda Station, the Crescent Demense, Dundalk, Co Louth for the required period of twenty one (21) working days (23/11/2018 to 21/12/2018). The Application documents were also made available on the DHPLG website Twenty seven (27) public submissions were received on foot of the public consultation. The main issues raised in the public submissions were:
Impacts on fishing activity
Impacts on fishing grounds (shell fishing).
Lack of public consultation with fisheries interests
Inadequate timing, availability of application documents for public inspection.
Lack of detail information provided
Potential impact to other users of Port Oriel fishing harbour due to limitation on space available there
Noise and vibration disturbance to fishing operations and species. Concerns expressed in relation to timing and availability of the application documents are not a technical matter, however the MLVC is satisfied that the statutory consultation procedures as required under the Foreshore Acts were complied with in this case. The MLVC considers that the information provided within the application documents is sufficient on which to make a decision on this Foreshore Licence application. Concerns in relation to the potential impacts to fishing activities and fishing grounds (shell fishing) will be addressed by the appointment of a Fisheries Liaison Officer, for the duration of the Site Investigations, who will consult with the SFPA and relevant fishermen’s groups in order that appropriate actions can be taken to avoid or minimise interactions with on-going fishing activity in the area during the course of the site investigations. In this regard it is noted, from the Applicants response to Public Submissions document (ref ‘4 Fisheries Liaison’ pg. 5 of 8), that ‘’Oriel has appointed a fisheries liaison officer to ensure that appropriate consultation with the fishing community is undertaken’’ and that ‘’Oriel’s fisheries liaison officer has been in contact with these fishing groups and has committed to keep them informed as the project develops, including maintaining contact prior to any survey works being undertaken.’’
The appointment of a Fisheries Liaison Officer is also a key recommendation of both Marine Institute and DAFM (based on their respective submissions during the Consultation process). The MLVC concurs with this recommendation and an appropriate Foreshore Licence Condition is proposed to address this. It is noted that Oriel will be engaging in separate processes with An Bord Pleanala and DPHLG to meet consent requirements for the proposed wind farm .This will involve the preparation of an EIA and a Natura Impact Assessment and extensive consultation with local and national stakeholders. There will be further formal consultation phases in relation to this project in due course and it will be a key requirement of the EIA process that the fishing community is consulted properly and that their views are taken on board. Concerns about noise and vibration from the surveys and site investigations were also expressed. It is noted that the seismic surveys proposed will be of short duration and that the sound source will be from the surface, not close to seabed. These will be addressed by compliance with the mitigation measures as set out in Section 6.3 of the NIS which include for compliance with the NPWS Guidance Document entitled ‘’Guidance to Manage the risk to Marine Mammals from man-made Sound sources in Irish Waters ‘’.These include for the implementation of slow start techniques which serve to reduce any impact to fish species near the seismic sound source at the surface. The DCHG recommends that compliance with these mitigation measures and in particular the NPWS Guidance document should be made a condition of the Foreshore Licence .The MLVC concurs with this recommendation and an appropriate Foreshore Licence Condition is proposed to address this. In terms of usage of Port Oriel during survey activities the applicants point out (ref Applicants response to Public Submissions document – ‘3’ pg. 8 of 8 -) that it is unlikely that the harbour would be used by the vessels undertaking the surveys due to space and depth restrictions, however ‘’if it is the case that a smaller inshore survey vessel requires short term access to harbour facilities, Oriel and the survey contractor will commit to engaging with the association and harbour master in advance to ensure that any inconvenience is minimised’’ .The MLVC notes this and considers therefore that there should be no significant impact to other users of Port Oriel fishing harbour due to limitation on space available there Prescribed Bodies Consultation: Observations on the project were received from this Department’s Water and Marine Advisory Unit, the Development Applications Unit of DCHG (Nature Conservation and Underwater Archaeology), Aquaculture and Foreshore Management Division of DAFM, Marine Institute, Inland Fisheries Ireland, and Marine Survey Office. There were no objections in principle to the proposed site investigations. Some of the submissions from the Public Bodies raised particular observations and put forward suggested conditions to be included in the Foreshore Licence to address their specific interests. Both DAFM and Marine Institute recommended the appointment of a Fisheries Liaison Officer for the duration of the works (see earlier). The IFI put forward a suggested series of mitigation measures in regard to timing, level and duration of
noise generation operations, to minimise potential impacts on fish .These were to include for:
Reduction in the number of sound requiring test types to be used
Use of soft start and ramp up procedures for any sound generating surveys undertaken
Duration of noise generating surveys to be reduced to minimum necessary
Agreed timing of works so as not to interfere with migration times of fish life stages or with scientific studies currently in place in the proposed survey area.
The applicants in their ‘’Response to submissions received following a statutory consultation’ document (ref pg. 9 of 9) indicate that they are willing to adhere to these requirements .In particular soft start and ramp up procedures will comply with the 2014 NPWS ‘’Guidance to manage the risk to Marine Mammals from man-made Sound Sources in Irish Waters’’ , the surveys will also be designed to minimise the duration of geophysical and geotechnical investigations ,to make optimum use of suitable weather conditions The MLVC also notes that ‘’Oriel is willing to engage IFI to ensure that appropriate measures are in place to ensure that the proposed works do not interfere with migration times of fish life stages or with scientific studies currently in place in the proposed survey area. The IFI in a further submission raised an issue about potential double sound pressure impact on a range of marine organisms pertaining to the fact that a separate foreshore application on behalf of Hibernian Wind Power (ref FS006852) related to Site Investigations within the same general area as for this Licence Application and suggested that consideration to possible ‘’cumulative effects’’ need to be considered. These comments would only apply to the Geophysical Surveys where acoustic impacts may apply. The MLVC considered this in the Department’s AA Reports for both applications where cumulative effects were examined and the key conclusion was that that subject to the adoption of the proposed Mitigation Measures as presented at Section 6.3 of the NIS that the proposed works will not impact on the conservation objectives and qualifying interests of any Natura 2000 site within 100km of the proposed survey site. Furthermore the time duration for Geophysical Works in connection with this project will only be 1 week while all Geophysical Surveys for both projects will comply with the 2014 NPWS ‘’Guidance
to manage the risk to Marine Mammals from man-made Sound Sources in Irish Waters’’ which will minimise any potential impact to marine organisms from the projects .The MLVC is satisfied that that the proposed marine surveys will not pose a risk of adversely affecting (either directly or indirectly) the integrity of any European site or marine ,either alone or in combination with other plans or projects
The underwater archaeology unit within DCHG put forward a series of requirements in relation to the proposed geophysical and geotechnical surveys in terms of Archaeological monitoring / reporting of the proposed sites including a requirement that proposed geophysical surveys be carried out in advance of any geotechnical surveys .Oriel in their response indicate that this may not be necessary as there is sufficient information and mitigation measures in place from previous SI at this site to ensure that the geophysical works will not adversely affect underwater archaeology and put forward an alternative proposal that ‘’an archaeological assessment report utilising the existing geophysical data be forwarded to Underwater Archaeology Unit for review prior to geotechnical works commencing ‘’and Oriel would use this report to agree suitable drilling locations with the UAU ,that avoid any known or potential
archaeology . The MLVC referred this back to UAU within DCHG for further consideration and they have agreed in principal to this approach. An appropriate set of Foreshore Licence conditions are proposed to address this.
MLVC Assessment
The following documents were considered and assessed:
Foreshore Licence Application Form dated 14/11/2018
Supporting documentation and Drawings to Foreshore Application
Written submissions from the Water and Marine Advisory Unit of DHPLG, the Development Applications Unit of DCHG (Nature Conservation and Underwater Archaeology), Aquaculture and Foreshore Management Division of DAFM, Marine Institute, Inland Fisheries Ireland and Marine Survey Office
The applicant’s responses to the Prescribed Body submissions.
The public submissions received
The Applicant’s responses to the public submissions
MLVC Conclusions On the basis of the information provided by the applicant, the observations provided by the Prescribed Bodies as listed above and having considered the public submissions , the MLVC concludes that, subject to compliance with the specific conditions set out below, the proposed works would not have a significant negative impact on navigation, fishing, the marine environment or protected species, would not impact on other legitimate uses or users of the foreshore area in question and would not have a significant effect on the qualifying interests/conservation objectives of the adjacent Natura 2000 sites. The MLVC, therefore, recommends that a licence be granted. Proposed Licence Conditions
1. The Licensee shall use that part of the foreshore the subject matter of this licence for the purposes as outlined in the application and for no other purposes whatsoever.
2. The Licensee shall ensure that the works are carried out and completed in
accordance with the plans and particulars lodged with the application.
3. The Licensee shall to appoint a Fisheries Liaison Officer (FLO) who will consult with the SFPA and relevant fishermen’s groups in order that appropriate actions
can be taken to avoid or minimise interactions with ongoing fishing activity in the area during the course of the site investigations
4. The Licensee shall notify the Department of Housing, Planning and Local
Government at least 14 days in advance of the commencement of the works on the foreshore.
5. During the course of the Site Investigation/survey operations the Licensee shall
ensure that all necessary precautions are put in place to protect the public in accordance with relevant Health and Safety Legislation;
6. During the course of the Site Investigation/survey operations the Licensee shall
ensure that existing public access arrangements to the general foreshore area shall not be impeded by any vessels, plant or materials used in connection with the site investigations/surveys, and where relevant this access should be made safe and guaranteed by the provision of appropriate signage/notices/barriers etc. to the satisfaction of the Department of Housing Planning and Local Government;
7. During the course of the Site Investigation/survey operations the Licensee shall
ensure that procedures are adopted to ensure that the site investigations/survey operations are not injurious to fishing, navigation, adjacent lands or the public interest.
8. All vessels/floating plant shall comply fully with appropriate certification
/manning requirements.
9. On completion of the Site Investigation works/surveys the Licensee shall ensure that all equipment and materials are removed and the foreshore is reinstated to its original condition, to the satisfaction of the Department of Housing Planning, and Local Government.
10. Marine notice, lighting and markings and aids to navigation (where relevant)
shall be carried out in consultation with the Maritime Safety Directorate, Department of Tourism, Transport and Sport, Leeson Lane, Dublin2.and Commissioners of Irish Lights . The Licensee shall arrange with the Maritime Safety Directorate (MSD) the publication of a Marine Notice. This marine notice shall give a general description of operations, including locations and approximate dates of commencement and completion of works. In addition a notice to this effect shall be published in a National newspaper
11. All deployed instruments in connection with the proposed works shall be marked and lit appropriately to comply with navigation safety requirements.
12. Mitigation Measures as set out in Section 3.4 of the completed Foreshore Licence Application Form dated 14/11/2018 and as outlined in Section 6.3 of the of the submitted document entitled ‘’Oriel Wind Farm –Foreshore Licence Application for Marine Surveys :Report for Screening for AA and Natura Impact Statement’ ’Issue 1 13th November 2018 ,shall be implemented in full.
13. All relevant Site Investigations and marine surveys shall comply with the NPWS
(2014) “Guidance to Manage the risk Marine Mammals from Man-made Sound sources in Irish Waters” including the employment of a Marine Mammal Observer as appropriate.
14. The timing of the surveys and site investigations shall be agreed in consultation with Inland Fisheries Ireland so as not to interfere with migration time of fish life stages or with scientific studies currently ongoing or planned to take place within the proposed survey area.
15. Only those Site Investigation Works and Marine Surveys, the subject of this
foreshore application and in particular as outlined in Sections 1.3 and 1.4 of the “Investigative Foreshore Licence Application’’ document dated 14/11/2018 and also as outlined with reference to Section 2 of the ‘’Foreshore Licence Application for Marine Survey’’ document dated 12/11/2018 , shall be undertaken.
16. No refuelling of equipment, machinery or plant shall take place on the foreshore.
17. All geophysical survey data sets available from previous work for this proposed development area, including bathymetry, side scan sonar, magnetometry and archaeological assessment as undertaken by the Applicants as part of a previous foreshore lease application ,shall be assessed by a suitably qualified archaeologist to ensure that proposed works do not negatively impact on locations where there is known or potential archaeology and to ensure no samples or cores are taken from an area where a wreck site is located.
18. Further to Condition 17 above the report summarising the assessment of the geophysical data shall be forwarded to National Monuments Service of the Department of Culture Heritage and Gaeltacht for review prior to the geotechnical works taking place. Where archaeological material/features are shown to be present, preservation in situ, avoidance, preservation by record (archaeological excavation) or archaeological monitoring may be required. The Licensee shall be prepared to be advised by the Department of Culture, Heritage, and the Gaeltacht.
19. Should any dive surveys be required in connection with proposed geophysical surveys and archaeological surveys these shall be licenced under the National Monuments Acts 1930-2014. Any dive survey shall be accompanied by a hand-held metal detection survey which shall also be licenced under the National Monuments Acts 1930-2014.
20. The results of the geotechnical investigations should be assessed by a suitably qualified archaeologist and this assessment should form part of the overall archaeological assessment of any proposed windfarm development.
21. During the course of the Site Investigation works the Licensee shall engage with the Irish Coast Guard in order to keep them fully informed of on-going activities
