26* March 2012

EPA

PO Box 3000

Johnstown Castle Estate,

Wexford

Ref. 05.YAO007 and 05.XA0002

McGuinness

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Attention Aoife Lounhnane

Dear Ms. Loughnane,

In connection with the above referenced CPO application for land required for an outfall pipe fur the proposed WWTP for Greencastle and Mwille, I wish you to accept, as a submission, this letter and attachments as my objection io the CPO issued against me for acquisition of my land for the laying of this pipeline.

1 have already opposed this during the deliberation of An Bod Pleanala of the two applications under their consideration, i.e. the Wwrp approval application Ref. 05.YA0007, and the CPO for land acquisition Ref. 05.XA0002. Since that time some important issues concerning the legality of this pipeline have become clear. t have attached copies of an email and letters I have written to the Donegal County Council and, individually, to the councilors of the Inishowen Electoral Area Committee, These communications explain in detail the issues involved and I request they be included with this letter as my submission to the EPA.

As the attached documents show, I had requested that my objections to the CPO against me be discussed at the IEAC meeting of 13* March this year. Discussion of this was banned by a senior engineer (a civil servant) of the County Council on the untrue basis that it was sub judice. The issue was unilaterally removed by this individual from the meeting agenda, ctairnhg higher authority. Following multiple requests for a written statement of the legal basis for such a suppression of free discussion by elected representatives of a serious problem of one of their electorate, none was produced and the matter remained and continues to remain suppressed. I

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would urge the €PA to rule against this entire project, i.e. the CPO application as well as the WWTP application in agreement with ABP's own inspector, before the Judicial Rwiew takes place. The reasons for doing so are ovenrvhefmlng, as will be seen when the EPA completes Its own independent review. I urge the EPA to recognize the impropriety of the CPO for the land required for the outfall pipe in particular, and to take note of the manner in which even discussion of eminently valid objections to It has been crushed. In addition, of course, our local community is unfairly faced with the high costs of the Judicial Review, as well as contributing through ever mounting taxation, to the already large costs that have been and will continue to be incurred by the Donegal County Council and An Bord Pleanala in bullheading this pralect without rational explanations for the illoglcal conceptual thinking underlying the whole proposal.

Yours Sfncerety,

Daniel McGuinness

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I am resending, for your convenience, my mai l to you of 9th February raising very serious questions concerning the Compulsory Purchase Order issued against me fw land p u m to h required for the laying d a s-ge w#aU l i e from the proposed WWW ai Carnagam inb lough FoyBe. As yoel knw, An Bad P M appaoval formy pmm does not override the law ofthe land by granting mhts to mny out illegal opetallons or OperatiMls where bgal jurisdiction is not in force. t l may also be granted for apphtions whm pmpr procedms for wmpulsority acquiring the pmperty d citizens are pmsumed to have been used. It d u s not however, in any circumstances, gmnt legal power of enactment whem such procedures am mhpmsented nw does it meke an improper pmcedure 'propet. I have nitmi questions on this in my attached letters to WMI you can refer and have asked for an explanah of how the Coundrs CPO against me cen k# made legally BxBcufBMB. I have been trying to get a respmsefromthe CumQ m a s to haw this very anomalous situatiMl can be q idned since 29th mober 201 1. To date, fwr months later, I haw TBoBtvBd no explana€hn whatsoever. The question that inevitably arises, under the drwmstams, is whether the County Ccumil -anent employees including the County Manager are under no oMigatlon to explain their actions to the public, or have no a#xrunWlity to anyone. I believe that tha dtizms Or Ireland must have the democratic right to question the acfions of pubk sewants and to expectfull and satisfactory answers. I request thereforethatth- GreencastlelMwllle \MKIp CPO issues b pked on the agenda ofthe next meeting of the I n m n councilbrs on 13th March. Specifically, I request that the Inishowen Councitlors arrange a meeting with the County Manager and press fomfully for mwem to the following questim: Given that four months has already elapsed si= my first tetterto the DCC and the fact that the council has a legal department to assist, why has no a m been provided to any of the pohts raised? Historic pmcedmt pmvm that the cwndl h a w b e n M l y m r e that the seafbw of Lough Foyle is claimed by t?m C t w n Estakt; #a purckm of Camkkarwy pier is one ofwveml d l known examples. why, therefore, did the County Council contlnue with the proposal to lay an ouffall into Lough Foyh and

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I falsely claim that the required seafloor land could be obfained by CPO from the Department of Agriwlture, Fisfwks d Food? Why did the County Cowrid shm the rwte of the outfall from the West side of the land of Daniel McGuinna to the East sirde on the map provided to An B a d Pleanala when it is dear that Mr. Daniel McWnness w s not named in any of- p W i i CPO schedules white the tandowner to the West, the original route, is comctiy named as Mr. John McGinnis? me parl of the outfall mute which cross86 the Movilte to Greencastle mein road has no cowrage under the CPO schedules. The problem area is the land belonging to the houses on e#her side of the secondary feeder mad from the plant to the main mad whose sites meef at the cenWof this road. nese land owners have received no CPOs, how ttwefom can ABP apprwal grant any legal power to lay this line? Pieam wb that I am swam that catncilkw Bernard McGuinness will be In bspital on 13th March however he has assured me that his position that discharge from the Wwrp must be outside the lough remains the same.

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McGulnness

7*h February 2012

The Director,

Water and Environmental Sewices,

Donegal County Council,

tifford,

Co. Donegal

Greencastle MovilleSewearreScheme, Dwreaal (bum Council ComDulsw Purchase Order

A Chara,

I refer to my letter of 24th November 2011 re the above captioned. More than two months have passed since I sent you this letter and as ofthiis date 1 have received no response from you to the very serious concerns I raised in it, L request you again to please take the time either to respond to my questions or explain why a response is not forthcoming.

Mise le meas,

Daniel McGuinness

cc Simon Cweney, Minister of Dept. of Agriculture, Fisheries and Food

Marian Harkin, MEP

Seamus Neely, DCC Manager

Charlie McConnalogue, TD

Joe Mctlugh, TD

Padraig Alklaughlin, TD

Brian Harrington, Solicitors

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24th November 2011

Donegal County Council

Water and Environmental Senriccs,

County House,

e Scheme, O m e d Countv Council Carnou how Purchase Order Greencastle Mwtlle SeWeraP

A Cham,

I am in receipt of your response of November 10’” 2011 to my letter of October 2gth, In case there has been any confusion caused by the mistake In my earlier letter, I wish to clarify here that the word Xast’ which appears in the Rrst paragraph of my letter of 2grn October should have read ‘West‘. 1 trust this has been recognlzed.

Your response dld not address any of the concerns raised in my letter, This appears to me to be the continuation of a systematic refusal to give a full response to any of the issues I raised and the very reasonable suggestions I made in my letters to both the Donegal county Council and to An 30rd Pleanala during the planning appeals process. You intend to pursue compulsory acqulsitim of my property for a wayleave in spite of an improper CPO procedure. The planning approval Is also granted over property which is outside the jurisdiction of the state. 1 believe it important to emphasize again the following:

Your CPO is faulty in that It has not named me in any of your published schedules. The pipeline mute orQ$mally passed to the west of my property across the land of the person actually named in your public schedules. The wayleave has been inexplicably drawn on your map to the cast of my property, away from the property of the actually named owner Mr. John McGinrtts and thb needs to be corrected. The CPO against me is improper and invalid.

The published schedule states that the Department of Agticulture Fisheries and b o d is the ‘Owner or Purported Owner‘ of the foreshore. The supposition is that a CPO agalnst the OAFF will eliminate the need for a foreshore licence. This claim of ownership is false. As recently as this year and Indeed presently ongolng, the DAFF hat been in discussion with the UK Crown Estate on the questlon of rental payments for the opemtim of the Greencastle/Magilligan ferry, as also the question of aquacultuw wlthin the lough. The Crown Estate claim proprietary ownershlp of the seabed of Lough Foyle to the high water mark on the Ponegat side. They also, in recent years, a t h e pier at Carrickaror/ to the Donegal County Council albeit for a nominal amount. I believe the point at Issue in regard to ownership is, and has been for a long time, understood by the DCC. If you require substantiation any of this and

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indeed of the statement of then Minister of State Cannor Lenihan in the Dall in June 2009, that there Is presently no solution to the boundary questlon in tough Foyle, then please advise me and I will see to it that you get it.

An Bord Pfesnab, against the recommendations of its own inspector, went out of i ts way to grant approval for the Wwrp at Carnaganre with discharge across the foreshore and some 350m into the lough. There Is no jurisdictional support for this. We know for example that the Garda Slochana a n under strict instructions from the Minlster of Justice not to touch anything betow the high water line because the state has no jurisdiction there. How, thedoe, can authority ke ciaaimed to lay a pipellne across the foresham and into shellfish beds and eel jpss beds 350m into the lough, when no valid ownership exists? The recognized extent of the authority of An Bod Pkanala also ends a t the high water mark on the western shore of Lough Foyle. The CPO against the DAFF is meaningless and will grant no rlght to construct and operate such a pipeline.

1 wish to advise you that if ignoring my concerns continues in thk fashion, it is my intention to issue instructions to my sollcttors to take appropriate action. In view also of what I perceive to be a dtviatlon from the nom of civillzed, democratic societies in this systematic mfusat to respond to my concerns in the face of your compulsory acquisition of my property, I am informing, by copy of thls letter, the appropriate ministtry and our politrcal representatives to Datl Elreann and to the Eumpean Parliament.

Mise le meas,

Daniel McGuinness

cc Simon Coveney, Mlnister of Dept. of Agriculture, flsherles and F d

Marian Harkin, MEP

Charlie McConnalogue, TD

h e McHugh, TO

Padtaig McLaughlln, TD

Brian Harrington, Solicitors

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ALONG WEST Ole SITE

W O h M

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