Case Study Case Study

The Study of an Environmental Impact The Study of an Environmental Impact Statement for a Wind FarmStatement for a Wind Farm

Liam Dervan, EHOLiam Dervan, EHO GalwayGalway

E.I.S. Team, GalwayE.I.S. Team, Galway

Under the auspices of;Under the auspices of;Mr Brendan Lawlor, A/PEHOMr Brendan Lawlor, A/PEHO

Team Members;Team Members;Mr Gerry Leen, SEHOMr Gerry Leen, SEHOMr Seamus Mitchell, SEHOMr Seamus Mitchell, SEHOMs Niamh Kelly, EHOMs Niamh Kelly, EHOMr Liam Dervan, EHO Mr Liam Dervan, EHO

CASE STUDYCASE STUDY

Proposed Wind Farm DevelopmentProposed Wind Farm DevelopmentLettergunnet and Derrycrih,Furbo, Co. GalwayLettergunnet and Derrycrih,Furbo, Co. Galway

LEGISLATION Re: EIA / EISLEGISLATION Re: EIA / EIS

EU Legislation:EU Legislation:Environmental Impact Assessment DirectiveEnvironmental Impact Assessment Directive85/337/EEC85/337/EEC Council Directive of 27 June 1985, on the Council Directive of 27 June 1985, on the

assessment of the effects of certain public and assessment of the effects of certain public and private projects on the environment. private projects on the environment.

(Transposed by Ireland in the E.I.A. Regulations in (Transposed by Ireland in the E.I.A. Regulations in 1989)1989)

E.I.A. Directive 85/337/EECE.I.A. Directive 85/337/EEC

As Amended by:As Amended by:Directive 97/11/EC; on the assessment of certain Directive 97/11/EC; on the assessment of certain public and private projects on the environment, andpublic and private projects on the environment, and

Directive 2003/35/EC; providing for public Directive 2003/35/EC; providing for public participation in respect of the drawing up of certain participation in respect of the drawing up of certain plans and programmes relating to the environment plans and programmes relating to the environment and amending with regard to public participation and and amending with regard to public participation and access to:access to: CD 85/337/EEC and 96/61/ECCD 85/337/EEC and 96/61/EC

Irish LegislationIrish Legislation

Planning and Development Act 2000 (No. 30 of 2000) Planning and Development Act 2000 (No. 30 of 2000) Part X; Environmental Impact AssessmentPart X; Environmental Impact Assessment

Section 172 – 177 Section 172 – 177 172;172; Requirements for E.I.S.Requirements for E.I.S.173;173; Permission for development requiring E.I.A.Permission for development requiring E.I.A.174;174; Transboundary environmental impactsTransboundary environmental impacts175;175; E.I.A. of certain development carried out by or on behalf of E.I.A. of certain development carried out by or on behalf of

the Local Authoritiesthe Local Authorities176;176; Prescribed classes of development requiring assessment.Prescribed classes of development requiring assessment.177:177: Prescribed information regarding E.I.S.Prescribed information regarding E.I.S.

www.irishstatuatebook.ie

Statutory Instruments; – E.I.A. RegulationsStatutory Instruments; – E.I.A. Regulations= 15 No. S.I.= 15 No. S.I.

Acts & Regulations with E.I.A. embedded; Acts & Regulations with E.I.A. embedded; = 154 Acts and Regulations = 154 Acts and Regulations

Planning & Development Acts and Regulations Planning & Development Acts and Regulations (2000 – 2009); (2000 – 2009);

= 42 Acts and Regulations since 2000= 42 Acts and Regulations since 2000

Relevant RegulationsRelevant RegulationsPlanning & Development Regulations, 2001 Planning & Development Regulations, 2001 (S.I. No. 600 of 2001);(S.I. No. 600 of 2001);

Developments requiring preparation of an E.I.S.;Developments requiring preparation of an E.I.S.;Schedule 5; Developments for the purposes of Schedule 5; Developments for the purposes of Part X Part XPart 2, Sec 3; Energy IndustryPart 2, Sec 3; Energy Industry(i) Installations for the harnessing of wind power for energy (i) Installations for the harnessing of wind power for energy production (wind farms) with more than 5 turbines or having a production (wind farms) with more than 5 turbines or having a total output greater than 5 megawatts.total output greater than 5 megawatts.

P & D Regs. 2001 (cont.)P & D Regs. 2001 (cont.)

Schedule 6;Schedule 6; Information to be contained in an E.I.S.Information to be contained in an E.I.S.

Schedule 7;Schedule 7;Criteria for determining whether a development Criteria for determining whether a development would or would not be likely to have significant would or would not be likely to have significant effects on the Environment.effects on the Environment.

Additional Guidelines / Sources of ReferenceAdditional Guidelines / Sources of Reference

E.P.A.E.P.A. (i) (i) Guidelines on the information to be contained in Guidelines on the information to be contained in

Environmental Impact StatementsEnvironmental Impact Statements(Dated 2002)(Dated 2002)

(ii) Advice Notes on Current Practice (ii) Advice Notes on Current Practice

(in the preparation of Environmental Impact (in the preparation of Environmental Impact Statements)Statements)

(Dated 2003)(Dated 2003)

Additional Guidelines / Sources of referenceAdditional Guidelines / Sources of reference

Department of Environment, Community and Local Department of Environment, Community and Local Government;Government; Planning Guidelines; Planning Guidelines; Wind Energy Development Guidelines, 2006Wind Energy Development Guidelines, 2006

S.E.I. Sustainable Energy Ireland;S.E.I. Sustainable Energy Ireland;Best Practice Guidelines for the Irish Wind Energy Best Practice Guidelines for the Irish Wind Energy Industry (2008)Industry (2008)

Other Sources of referenceOther Sources of reference

Relevant County Development Plan,Relevant County Development Plan, (Galway County Development Plan; 2009 – 2015);(Galway County Development Plan; 2009 – 2015);

The Energy Policies of Galway Co. Council,The Energy Policies of Galway Co. Council,Wind Farm Potential.Wind Farm Potential.

Draft Regional Planning Guidelines for the West, Draft Regional Planning Guidelines for the West, 2010-2022.2010-2022.

Case Study;- Wind Farm Development atCase Study;- Wind Farm Development at Lettergunnet, Furbo, Co. Galway Lettergunnet, Furbo, Co. Galway

Part 1;-Part 1;-

Type of Referral: Scoping AssessmentType of Referral: Scoping Assessment

Date Received: April 2010Date Received: April 2010

Date of Response: 2Date of Response: 2ndnd June 2010. June 2010.

Part 2;-Part 2;-

The E.I.S. on the above.The E.I.S. on the above.

Scoping PackScoping Pack ““Scoping” ; Process of identifying the significant Scoping” ; Process of identifying the significant

issues that should be addressed by a particular issues that should be addressed by a particular Environmental Impact Assessment (and eliminates Environmental Impact Assessment (and eliminates those that are not).those that are not).

Scoping must be focused on issues and impacts Scoping must be focused on issues and impacts which are:-which are:-

Environmentally basedEnvironmentally based Likely to occurLikely to occur Significant and adverseSignificant and adverse

Scoping PackScoping Pack Having regard to these criteria,Having regard to these criteria,

Competent Authorities,Competent Authorities, Agencies,Agencies, NGO’s, andNGO’s, and Other Consultees,Other Consultees,

Should ensure that a transparent and justifiable Should ensure that a transparent and justifiable rationale exists when specifying the scope for EIA.rationale exists when specifying the scope for EIA.

Scoping Pack sent to 42 No. Consultees,Scoping Pack sent to 42 No. Consultees, (HSE - - No. 36 on the list !!!!!)(HSE - - No. 36 on the list !!!!!)

Desk-top StudyDesk-top Study Familiarised ourselves with the content of the Scoping Pack;Familiarised ourselves with the content of the Scoping Pack; Area of site; 212.3 hectares (524.7 acres)Area of site; 212.3 hectares (524.7 acres) Topography; hilly (range 70m O.D. to 94m O.D. in centre)Topography; hilly (range 70m O.D. to 94m O.D. in centre) Wind Farm Potential Map (County Development Plan 2009 – 2015; Wind Farm Potential Map (County Development Plan 2009 – 2015;

three categories for wind energy development;three categories for wind energy development; Strategic Areas,Strategic Areas, Areas for Consideration, andAreas for Consideration, and No Go AreasNo Go Areas

The subject site is located in a “Strategic Area – where wind The subject site is located in a “Strategic Area – where wind farm development is considered appropriate subject to farm development is considered appropriate subject to environmental and scientific factors”.environmental and scientific factors”.

Planning History of SitePlanning History of Site

P.P. previously granted for wind turbines on site.P.P. previously granted for wind turbines on site. Current EIA: to erect additional turbines, and Current EIA: to erect additional turbines, and

increase hub height.increase hub height. Planning Register; 5 No. Planning Applications on Planning Register; 5 No. Planning Applications on

site.site. On checking Office data-base on Planning On checking Office data-base on Planning

Reports - - - - no reports relevant to previous Reports - - - - no reports relevant to previous Planning Applications.Planning Applications.

Proposed Structure of the EISProposed Structure of the EIS The “grouped structure method”The “grouped structure method” to describe the existing environmentto describe the existing environment the potential impacts of the development thereon, andthe potential impacts of the development thereon, and the proposed mitigation measures.the proposed mitigation measures.

The EIS will include a non-technical summary.The EIS will include a non-technical summary.

Description of impacts and classification of impacts will Description of impacts and classification of impacts will comply with both Guidance Documents produced by the comply with both Guidance Documents produced by the EPA.EPA.

Desk-top StudyDesk-top Study Examined detailed Ordnance Survey Maps of area Examined detailed Ordnance Survey Maps of area

of proposed development Re:-of proposed development Re:- Water courses / Sources of Water Supply,Water courses / Sources of Water Supply, Known Group Water Schemes,Known Group Water Schemes, Dwelling houses / other Noise sensitive locations,Dwelling houses / other Noise sensitive locations,

Had regard to other possible impacts that the Had regard to other possible impacts that the proposed development may have on the proposed development may have on the environment; Dust at Construction Stage, and risk environment; Dust at Construction Stage, and risk of Shadow Flicker / Shadow Cast.of Shadow Flicker / Shadow Cast.

Shadow FlickerShadow Flicker

““Shadow Flicker”;- Term used to describe the Shadow Flicker”;- Term used to describe the short-lived effect of shadows cast by rotating short-lived effect of shadows cast by rotating blades of wind turbines when the sun passes blades of wind turbines when the sun passes behind them, which occurs under certain behind them, which occurs under certain combinations of geographical positions and time of combinations of geographical positions and time of day.day.

Response to ScopingResponse to Scoping It is stated that the design and layout of the proposed It is stated that the design and layout of the proposed

development will have regard to the Wind Energy development will have regard to the Wind Energy Development Guidelines (Dept. of the Environment, Development Guidelines (Dept. of the Environment, Heritage and Local Government) 2006, and the “Best Heritage and Local Government) 2006, and the “Best Practice Guidelines for the Irish Wind Energy Industry” Practice Guidelines for the Irish Wind Energy Industry” (Irish Wind Energy Association, 2008).(Irish Wind Energy Association, 2008).

Cognisance must be had in relation to original background Cognisance must be had in relation to original background noise levels and proposed noise levels when in operation. noise levels and proposed noise levels when in operation. There should be no pure tones generated from the There should be no pure tones generated from the operation.operation.

Response (cont.)Response (cont.)

Shadow Flicker / Shadow Cast issues are not Shadow Flicker / Shadow Cast issues are not usually significant in rural areas, however regard usually significant in rural areas, however regard must be had for such an eventuality. Siting must be had for such an eventuality. Siting distances from dwellinghouses, businesses or distances from dwellinghouses, businesses or other properties in the area should be clearly other properties in the area should be clearly detailed with separation distances at the maximum detailed with separation distances at the maximum end of the scale observed. This may necessitate a end of the scale observed. This may necessitate a survey being undertaken to assess Shadow survey being undertaken to assess Shadow Flicker / Shadow Cast concerns.Flicker / Shadow Cast concerns.

Response (cont.)Response (cont.)

The protection of ground and surface waters must The protection of ground and surface waters must be given priority.be given priority.

Dust and dirt from the development must as far as Dust and dirt from the development must as far as possible be contained on site.possible be contained on site.

Monitoring of rivers, lakes, etc. must be ongoing Monitoring of rivers, lakes, etc. must be ongoing before, during and after the development.before, during and after the development.

Part 2; E.I.S.Part 2; E.I.S. Response Response

Response to E.I.S.Response to E.I.S. The following are our observations which we recommend you consider The following are our observations which we recommend you consider

in determining this application:in determining this application:

Noise; the EIS has followed the guidelines set out in the ETSU-R.97 Noise; the EIS has followed the guidelines set out in the ETSU-R.97 document of 1996. However, the following have been noted.document of 1996. However, the following have been noted.

The nearest dwellinghouse is stated to be 510m (Ref. page 4-25) to the The nearest dwellinghouse is stated to be 510m (Ref. page 4-25) to the nearest wind turbine, not 550m as stated on page 8-29 of EIS Vol. 1.nearest wind turbine, not 550m as stated on page 8-29 of EIS Vol. 1.

The Wind Energy Development Guidelines 2006 by the DoEHLG state The Wind Energy Development Guidelines 2006 by the DoEHLG state that “that “in general noise is unlikely to be a significant problem where the in general noise is unlikely to be a significant problem where the distance from the nearest turbine to any noise sensitive property is more distance from the nearest turbine to any noise sensitive property is more than 500m”,than 500m”,

Noise (cont.)Noise (cont.)not a distance of 300m as stated on page XI of Non-Technical Summary not a distance of 300m as stated on page XI of Non-Technical Summary

and pages 4-33 and 8-29 of the EIS Vol. 1.and pages 4-33 and 8-29 of the EIS Vol. 1.

The noise levels adjacent to the wind turbines has not been estimated, The noise levels adjacent to the wind turbines has not been estimated, and neither has the minimum distance from the turbines at which a and neither has the minimum distance from the turbines at which a noise level of less than 45dB(A) would be experienced.noise level of less than 45dB(A) would be experienced.

This Department carried out on-site background noise level monitoring This Department carried out on-site background noise level monitoring using a LARSON Davis Model 831 Meter, on 27using a LARSON Davis Model 831 Meter, on 27thth September, 2010, at September, 2010, at the boundary wall of House No. 52 (nearest noise sensitive location to the boundary wall of House No. 52 (nearest noise sensitive location to proposed development). We recorded a background noise level proposed development). We recorded a background noise level average; Laf90 of 29.2 dB(A). average; Laf90 of 29.2 dB(A).

Noise (cont.)Noise (cont.)

This is significantly lower than that outlined This is significantly lower than that outlined in the EIS from monitoring at NSL2 in the EIS from monitoring at NSL2 (approximately same location).(approximately same location).

Our reading would indicate that this Our reading would indicate that this location is a low noise environment area.location is a low noise environment area.

Noise (cont.)Noise (cont.)

There is no apparent reference to whether or not There is no apparent reference to whether or not measures can be taken such as reducing the measures can be taken such as reducing the power configuration on the wind farm to reduce power configuration on the wind farm to reduce the noise if in fact it exceeds agreed levels at the noise if in fact it exceeds agreed levels at nearest noise sensitive locations.nearest noise sensitive locations.

Noise at construction stage should be controlled, Noise at construction stage should be controlled, so as not to give rise to nuisance, using specified so as not to give rise to nuisance, using specified working hours as a condition of planning.working hours as a condition of planning.

Shadow FlickerShadow Flicker We acknowledge the reference to Shadow Flicker in the We acknowledge the reference to Shadow Flicker in the

EIS as submitted (and the use of the “Wind Farm Software EIS as submitted (and the use of the “Wind Farm Software Package” to determine calculations in this regard).Package” to determine calculations in this regard).

““At distances greater than 10 rotor diamaters from a At distances greater than 10 rotor diamaters from a turbine, the potential for shadow flicker is very low” turbine, the potential for shadow flicker is very low” (DoEHLG Guidelines, 2006), i.e. 820 metres from turbines (DoEHLG Guidelines, 2006), i.e. 820 metres from turbines at this proposed development. We note that there are 17 at this proposed development. We note that there are 17 houses within the zone of 510 to 820 metres of the houses within the zone of 510 to 820 metres of the proposed wind turbines.proposed wind turbines.

Shadow Flicker (cont.)Shadow Flicker (cont.) In the event of complaints or problems arising associated In the event of complaints or problems arising associated

with Shadow Flicker, at this proposed development, the with Shadow Flicker, at this proposed development, the operators should undertake appropriate operators should undertake appropriate “measures to “measures to prevent or ameliorate the potential effects on occupants of prevent or ameliorate the potential effects on occupants of dwelling houses” (DoEHLG Guidelines 2006). dwelling houses” (DoEHLG Guidelines 2006). This may beThis may be achieved byachieved by “turning off a particular turbine at certain time” “turning off a particular turbine at certain time” (DoEHLG Guidelines, 2006) or(DoEHLG Guidelines, 2006) or “the provision of screening “the provision of screening measures, where this is acceptable to the relevant measures, where this is acceptable to the relevant householder” householder” (IWEA Best Practice Guidelines for the Irish (IWEA Best Practice Guidelines for the Irish Wind Energy Industry, 2008).Wind Energy Industry, 2008).

Shadow Flicker (cont.)Shadow Flicker (cont.) We would further recommend that if any of the dwelling We would further recommend that if any of the dwelling

houses in the vicinity of the proposed wind farm are houses in the vicinity of the proposed wind farm are affected by affected by “strobing”, “strobing”, appropriate measures should be put appropriate measures should be put in place to prevent or ameliorate the potential effects.in place to prevent or ameliorate the potential effects.

WaterWater Surface Water/Groundwater/Private Wells.Surface Water/Groundwater/Private Wells. The EIS makes reference to various mitigation measures to The EIS makes reference to various mitigation measures to

be implemented to reduce negative impacts on be implemented to reduce negative impacts on watercourses during the construction phase (table 7.8.1) watercourses during the construction phase (table 7.8.1) and operational phase (table 7.8.2).and operational phase (table 7.8.2).

As the proposed site is somewhat elevated the site is As the proposed site is somewhat elevated the site is naturally drained in several directions including to Lough naturally drained in several directions including to Lough Kip to the North, draining eventually to Lough Corrib, the Kip to the North, draining eventually to Lough Corrib, the source of Galway City and Environs drinking water supply.source of Galway City and Environs drinking water supply.

Water (cont.)Water (cont.) We would recommend that all mitigation measures in We would recommend that all mitigation measures in

relation to water as specified in the EIS Vol.1, be relation to water as specified in the EIS Vol.1, be implemented in full to ameliorate any potential negative implemented in full to ameliorate any potential negative impacts on water courses in the area.impacts on water courses in the area.

We would recommend that monitoring of watercourses in We would recommend that monitoring of watercourses in the vicinity of the development should be carried out during the vicinity of the development should be carried out during the construction, operational and decommissioning phases the construction, operational and decommissioning phases of the proposed development to determine ongoing of the proposed development to determine ongoing compliance with current water quality baseline standards.compliance with current water quality baseline standards.

DustDust

Dust: We note that all necessary mitigation Dust: We note that all necessary mitigation measures will be implemented should dust measures will be implemented should dust become a nuisance.become a nuisance.

Wastewater TreatmentWastewater Treatment It has been stated that the wastewater from the washroom It has been stated that the wastewater from the washroom

and toilet will be directed to a sealed holding tank and and toilet will be directed to a sealed holding tank and emptied quarterly or more frequently as required emptied quarterly or more frequently as required

(page 3-8).(page 3-8).

This proposal is not acceptable from a Public Health point This proposal is not acceptable from a Public Health point of view; all wastewaters from sanitary fittings (w.c.’s) must of view; all wastewaters from sanitary fittings (w.c.’s) must be disposed of in accordance with the provisions of the be disposed of in accordance with the provisions of the EPA Code of Practice: Wastewater Treatment Systems for EPA Code of Practice: Wastewater Treatment Systems for Single Houses, 2010.Single Houses, 2010.