Standard application form 09th April 2013

For Office Use

Ref. No._________________

Application date:__________

Date of receipt. ___________

Date Validated:____________

APPLICATION FOR A LEASE/LICENCE/CONSENT UNDER THE FORESHORE ACT1933 (AS AMENDED)

Applications for Offshore renewable energy (ORE) projects should use an ORE specificform.

Please complete the form electronically. Type details in the boxes provided, space willexpand as you type.

The enclosures checklist should also be completed Tá an leagan Gaeilge den fhoirm seo ar fáil ar iarratas.

Applicant Details (please note that if the project proponent changes anew application will be required):

Contact Name: Garrett Dorman

Company/Organisation: Dublin Port Company

Address: Port Centre, Alexandra Road, Dublin 1

Phone No: 01 887 6000

E-mail address: gdorman@dublinport.ie

Nominated Contact/Agent (Where different from above):

Name: As Above

Company:

Address:

Phone No:

E-mail address:

Applicant’s Legal Advisor:

Name: Beauchamps Solicitors

Address: Riverside Two, Sir John Rogerson’s Quay, Dublin 2

Phone No: 01 418 0600

E-mail address: securemail@beauchamps.ie

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Part 1: Proposal Details (Attach additional documents as required)

1.1 Description of proposed works/activity.This information supports a foreshore licence application for marine siteinvestigation works at Dublin Port. The marine site investigation works are requiredfor design work proposed for the future development at Dublin Port comprising theconstruction of new quays and jetties, land reclamation works and capital dredging toa depth of -10 m CD.

It is intended to undertake a geotechnical marine based site investigation and someadditional geophysical investigation to support the above design works.

The marine site investigation works will be divided into three parts, based on thetype of infrastructure works to be performed. These are defined as:

1. New Quay Walls2. Land Reclamation3. Dredging

An extensive geophysical survey was undertaken in Dublin Port in 2013, howeversome areas were omitted from the survey. As such, some additional geophysicalsurveys will be required for the purposes of the dredge design.

The surveys will entail the following activities:

Standard methods of non-invasive acoustic based sensing will include thegathering of bathymetric, side scan sonar, subbottom profiler and magnetometerdata.

Standard methods of geotechnical investigation including a scope ofapproximately 50 to 60 deep boreholes (30-45m deep), 30 shallow boreholes (5-10m deep) and 30 shallow cone penetration tests (CPTs).

Sampling of sediments with the use of grab and vibro-core samplers. Environmental survey work including current profiling, water quality sampling,

archaeological surveys, sampling of sediment, organic content, benthic (infauna &epifauna) communities and anthropogenic contaminants in sediments.

Operation and manoeuvring of typical jack-up barge, survey vessels and floatingpontoon equipment.

The surveys will take place across both State owned and Dublin Port claimedforeshore.

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1.2 Describe the nature and scale of any structure to be erected on theforeshore. Is the structure proposed to be temporary or permanent?

No permanent structures will be erected in undertaking the proposed geophysical andgeotechnical marine based site investigations. The geotechnical site investigationswill utilise a specialist jack-up barge, which will provide a stable platform fromwhich the required testing can be performed. This barge, and the associated testingequipment, will mobilise and demobilise to/from Dublin Port at the start and end ofthe site investigations and will be towed between the various test locations using adedicated tug boat. Following the conclusion of the site investigation works, thisequipment will be removed from the site.

Sampling will be performed by use of a cable percussive rig for the surface soilsamples, and a rotary coring rig when rock is encountered. These rigs are set up atthe centre of the jack-up barge through a dedicated hole in the barge called a moonpool.

The geotechnical site investigations in support of the design works for the proposedcapital dredging works will be carried out from either a jack-up barge or a floatingpontoon, depending upon the specific requirements of the location and the sampleswhich are required.

Geophysical surveying (as well as bathymetry and water sampling as appropriate)will be undertaken using a specialist survey vessel, fitted with the various types ofspecialised equipment which are required to undertake the survey. This vessel willmobile and demobilise to and from Dublin Port on a daily basis for the duration ofthe geophysical surveys.

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1.3 Indicative timing of the works/activity: (i) Start date (ii) Duration (iii)Any other information relevant to timing.

It is anticipated that the site investigation works will commence during October2015, and will run for approximately 39 months, concluding in December 2018. Theproposed works have been split into three individual works packages, specifically:

New Quay Walls Land Reclamation at Berth 52 Dredging

The site investigation works for the new quay walls will require approximately 40no. deep boreholes, with each borehole anticipated to take between 3 and 4 days tocomplete, with all site works scheduled for completion within 32 weeks ofcommencement (dependent upon the number of rigs utilised for the works).

The site investigation works for the land reclamation at Berth 52 will requireapproximately 15 boreholes and is scheduled for completion within 20 weeks ofcommencement (dependent upon the number of rigs used).

The site investigation woks for the dredging will require approximately shallow 30boreholes, with each anticipated to take between 2 and 3 days to complete. These siteworks are scheduled to be completed within 20 weeks of commencement (dependingupon the number of rigs used).

1.4 Primary usage for proposed development (please tick)

The marine site investigation works are required for design work proposed for thefuture development at Dublin Port comprising the construction of new quays andjetties, land reclamation works and capital dredging to a depth of -10 m CD.

UseIndustrialCommercialWithin Fishery Harbour CentreSea FisheriesLocal AuthorityCommunity/Co Op schemeOther(specify) √

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1.5 Do the proposed works provide for public use, commercial use,restricted use or strictly private use? Provide Details

The purpose of the geotechnical site investigation works is to provide information onthe main soil types within the survey area. A programme of geotechnical samplingand in-situ testing will be performed in order to provide comprehensive details on theexisting ground conditions within Dublin Port. The proposed works, being entirelyexploratory in nature for the purposes of gathering information, are not related to anyof the uses listed above.

1.6 Might the proposed works restrict public use/enjoyment of theforeshore? Provide details.

Dublin Port and Dublin Bay are popular locations for a variety of maritimerecreational activities. The proposed works will have a negligible impact on thepublic use or enjoyment of the foreshore. Details of the proposed works will bewidely communicated amongst the various stakeholders and the general publicthrough the Dublin Port Community Relations Department.

1.7 Has the applicant held or does the applicant hold any previous ForeshoreLicences, Leases or applications over the area sought or over any otherarea including pending applications? (Give details includingDepartment’s file reference number(s)).

There are a number of foreshore licenses granted to Dublin Port Company. Thereference numbers are as follows:

MS/51/4/481A Construction of seawater pumping platformMS51/4/473 Extending, construction and maintaining a berth and quays at

Berth 50 in Dublin PortMS51/4/481 Infilling of Graving Dock No. 1 and adjacent area in Dublin Port

DPC have also recently applied (march 2015) for a foreshore licence to facilitatemaintenance dredging of the navigation channel and the berthing pockets to maintainthe advertised charted depths and ensure the safe navigation of vessels entering into,berthing at or exiting from Dublin Port (Reference FS006495).

1.8 Status of planning permission application:

Not required.

Consent Authority: N/AReference Number: N/A

(Please provide copies of consents granted)

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1.9 Are any other consents required for this proposal? Please detail.

Consent type N/AConsent Authority: N/AReference Number: N/AStatus of application: N/A

Please note that the proposed works are restricted solely to marine site investigationsand do not require any additional permissions or consents other than the foreshorelicence which is the subject of this application.

(Please provide copies of consents granted)

1.10 Employment Implications (if any)

There are no long term employment implications related to this foreshore licenceapplication. There will be some additional short term employment for professionalservices and contract personnel.

1.11 Capital cost of proposed works (approximately €4.5 million – Euro)

1.12 Do the proposed works involve the draw down of European Union orState funding?

No

If “Yes” give details, including any time restrictions, etc. applying

N/A

Part 2: Proposed Site. (Attach additional documents as required)

2.1 County:

Dublin

2.2 Location name and nearest townland name:

Dublin Port

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2.3 Geographic co-ordinates of the area under application in degreesminutes and seconds WGS84 for offshore developments and where thearea can also be identified on the Ordnance Survey map and /or isconnected to the seashore/mainland , specify Ordnance Survey map noand Irish National Grid co-ordinates

The co-ordinates (ITM) of the extent of area of the proposed marine siteinvestigation works are summarised in the table below and illustrated in DrawingsABR-000-G-SKT-003 to 008 in Appendix A of the Dublin Port Company MarineBased Site Investigation Works – Screening for Appropriate Assessment – seeattachment (please note that these drawings have also been provided as a separatepack which accompanies this application).

ID Easting Northing01 718034.72 734335.2302 719482.24 734487.7103 719525.75 734019.7704 720362.67 734604.5705 720363.47 733983.9806 723169.06 734307.6107a 723105.22 734039.3408a 723513.85 734446.0409a 725866.39 734255.2710a 725617.66 733702.20A 718177.21 734271.93B 718815.93 734135.81C 719264.78 734250.05D 719390.44 734040.17E 720063.80 734159.52F 720618.20 734188.27G 722589.17 734304.01

2.4 Please indicate the size of the Foreshore area (Ha2) or (M2) or (KM2)

The area of the state owned foreshore to which this application refers is 514 hectares.The area of the Dublin Port Company claimed foreshore to which this applicationrefers is 58 hectares.

2.5 If offshore please indicate distance from shore (Km):

Great South Wall to Entrance to Navigation Channel: Approx 2.6km

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2.6 Is any of the foreshore in the proposed site in private ownership? If yesplease provide documentary evidence of same (e.g. folio)

The majority of the foreshore which is the subject of this foreshore licenceapplication is in public ownership. The area of foreshore which is claimed by theDublin Port Company has been indicated on drawing reference number MSI-003 I1.

2.7 Any other site details considered relevant:

N/A

Part 3. Maps and Drawings, Please refer to Guidance on map anddrawing requirements.

3.1 Site location map attached? Please include reference no(s).

A location map, drawing reference number MSI-003 I1*, has been provided asrequired.

3.2 Foreshore Lease/Licence map attached? Please include reference no(s).

See attached Admiralty Chart MSI-003 I1*.

3.3 Drawings of structures to be used and or layout (if required) attached?Please detail and include reference no(s).

N/A

3.4 Admiralty Chart attached?

See attached Admiralty Chart MSI-003 I1* (Admiralty Chart No. 1415).

3.5 Other maps/drawings attached ?– please detail and include referencenumbers

A full suite of drawings has been included within the Appendix A of the Screeningfor Appropriate Assessment report which accompanies this application. Thesedrawings have also been provided individually in hardcopy and within a separate zipfile which accompanies the softcopy submission of this application.

* Please note that all drawings have been provided within both the Screening for AppropriateAssessment Report and as a separate drawing pack, which accompany this application.

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Part 4: Pre- application consultations

4.1 Describe briefly any consultations undertaken with the following bodies.

National Parks & Wildlife Service (NPWS) National Monuments Service (NMS) of Department of Arts,

Heritage and the Gaeltacht Inland Fisheries Ireland Sea Fisheries Protection Authority Marine Institute Marine Survey Office

Please also provide copies of correspondence.

Extensive consultations have been carried out in relation to this project as part of thewider Alexandra Basin Redevelopment (ABR) Project involving all of the requiredstatutory bodies as well as a wide range of community and industry stakeholders.

4.2 Describe briefly any consultations undertaken with other relevantauthorities (e.g. Local Authority, port/harbour authority etc) or StateAgencies.

Consultations were carried with the Department of the Environment, Communityand Local Government (see the Pre-application Consultation request Form whichaccompanies this application).

4.3 Describe any consultations undertaken to date with other foreshoreusers.

Consultations were undertaken with other foreshore users as part of theconsultations surrounding the ABR project consultations.

4.4 Describe any likely interactions with activities of the public or otherforeshore users during the construction and operational phases of theworks/activities (e.g. fishing, aquaculture, sailing, and surfingswimming, walking). Describe any measures proposed to minimiseinconvenience to other users.

The proposed site investigation works will be localised within the navigationchannel and the operational berths of the port and, therefore, the undertaking of theproposed works will not have any impact upon the general public.

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4.5 Have adjacent land owners, whose properties may be affected by theseworks been consulted? Please provide details/permissions asappropriate.

The proposed site investigation works will be restricted to areas of foreshore whichare in state ownership. No private land or landowners will be impacts upon by theproposed works.

Part 5: Environmental Considerations(your consultations with National Parks and Wildlife Service and NationalMonuments Service may inform your answers. Attach additional reportsas required and mark under the R column)

www.epa.ie/downloads/advice/ea/guidelines/

www.environ.ie/en/DevelopmentHousing/PlanningDevelopment/EnvironmentalAssessment/

http://www.npws.ie/protectedsites/appropriateassessment/

http://webgis.npws.ie/npwsviewer/

Environmental legislative requirements Yes No R

5.1 Is an Environmental Impact Statement required forthis proposal?

EIS not required for the undertaking of the proposed SIworks. Appropriate Assessment has been undertaken, and theresulting Screening Report for Appropriate Assessment hasbeen included as part of this application.

√

5.2 Is a Natura Impact Statement required for thisproposal?

The necessity for an NIS was screened out within theScreening for Appropriate Assessment Report as prepared byRPS and submitted with this application. √

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5.3 Is the area within or adjacent to a NHA, pNHA, SAC,SPA, or National Park?Specify site names and code(s).

The following Natura 2000 sites have been considered withinthe Screening for Appropriate Assessment Report as preparedby RPS and submitted with this application – see attachedDublin Port Company Marine Based Site Investigation Works– Screening for Appropriate Assessment:

North Bull Island SPA (site code: IE004006)South Dublin Bay & River Tolka Estuary SPA (site code:IE004024)Dalkey Island SPA (site code: IE004172)Howth Head Coast SPA (site code: IE004113)South Dublin Bay SAC (site code: IE000210)Rockabill to Dalkey Island cSAC (site code: IE003000)North Dublin Bay SAC (site code: IE000206)Howth Head SAC (site code: IE000202)Coding Fault Zone SAC (site code: IE003015)Lambay Island SAC (site code: IE000204)

√ √

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5.4 Describe any other projects or plans for the area,anticipated or developed, that in combination withthis proposal, may have a significant effect on aNatura 2000 site: Please list with planning referencenumbers (where available).

The following projects have been considered in thepreparation of the Screening for Appropriate AssessmentReport as prepared by RPS and submitted with thisapplication - see attached Dublin Port Company MarineBased Site Investigation Works – Screening for AppropriateAssessment:

Alexandra Basin Redevelopment Project (ABR)Decommissioning and replacement of the North Wall toPoolbeg 220KV Sub-aqua cableDublin eastern BypassDublin Array WindfarmRingsend Waste Water treatment Works Extension (includingthe long sea outfall)Poolbeg Waste to Energy PlantProposed aviation fuel pipeline from Dublin Port to DublinAirportDublin North City Arterial Watermain

The proposed SI works will not, in conjunction with any ofthe aforementioned projects, have any in-combination orcumulative impacts on the subject site nor the surroundingenvironment.

√ √

Environmental Considerations Yes No R

5.5 Will the proposal have any potential environmentalimpacts? If yes, please describe

The findings of the Screening for Appropriate AssessmentReport as prepared by RPS and submitted with thisapplication indicate that there will be no direct or significanteffect on any of the identified Natura 2000 sites - see attachedDublin Port Company Marine Based Site Investigation Works– Screening for Appropriate Assessment.

√ √

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5.6 Are you proposing any measures to mitigate thepotential environmental impacts? If yes, pleasedescribe

The findings of the Screening for Appropriate AssessmentReport as prepared by RPS and submitted with thisapplication indicate that there is no necessity to implementmitigation measures in relation to the proposed siteinvestigation works- see attached Dublin Port CompanyMarine Based Site Investigation Works – Screening forAppropriate Assessment.

√ √

5.7 Are there public health/safety implications arisingfrom the proposed works? (e.g. effluent disposal,removal of derelict or dangerous structures etc.) Ifyes, please describe

There are no potential health implications arising from theproposed site investigation works.

√

5.8 Will the works involve the storage and/or disposalof waste? If “Yes” please give details of the type ofwaste and the proposed method of storage and/ordisposal (including location)

The proposed works will not involve the generation of wastewhich would require either storage or disposal.

√

5.9 Other Environmental Considerations? If yes, pleasespecify.

N/A √

Built Heritage ConsiderationsYes No R

5.10 Does the area contain an archaeological site orfeature? If yes, please specify.

The overall area may contain a number of maritime wreck-sites which could be of archaeological or historicalsignificance. A thorough marine geophysical survey wasundertaken during 2013 to identify such sites and the listedborehole locations will be positioned to avoid the disturbanceof any such sites.

√

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5.11 Does the area contain or adjoin a listedarchaeological site or monument? If yes, pleasespecify.

√

5.12 Will the proposal have any potential impacts on thearchaeological integrity of the site? If yes pleasedescribe

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5.13 Are you proposing any measures to mitigatepotential archaeological impacts? If yes, pleasedescribe?

As per the response to Question 5.10, a full marinegeophysical survey was undertaken in 2013. Prior to thecommencement of the proposed works, the position of theborehole locations will be agreed following consultation withthe Underwater Archaeology Unit of the Department ofEnvironment, Community and Local Government.

√

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Part 6: Navigational Safety Considerations. (Your consultationswith relevant stakeholders may inform your answers. Attach additionaldocuments as required and mark under the R column)

Navigational Safety Considerations. Yes No R

6.1 Are there public navigational safety implicationsarising from the proposed works?

Dublin Bay, the approaches to the Port and the shippingchannel are monitored at all times by Vessel Traffic Services(VTS). All vessels are advised regarding works,developments or issues that are ongoing in the Dublin Portarea of jurisdiction. Prior to the commencement of theproposed site investigation works, a DPC “Notice toMariners” is sent out to all shipping informing them of thepresence, location and duration of the marine siteinvestigation work sites about the planned work and dates,including the presence of exclusion zones surrounding thework sites. All of the equipment engaged in the marine siteinvestigations will be fully certified and fitted with theappropriate navigation and safety lighting. All movementswill be fully coordinated through the VTS.

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6.2 What marine activity is there in the area?

Dublin Bay is very busy with marine leisure events and smallcraft movements especially during the summer months. Tothat end the commercial shipping channels, access routes andanchorage areas are well defined and kept clear. Theorganised leisure industry operates within the confines of theareas agreed for their events. Individual craft must operatewithin the international maritime legislation governing allvessels big and small.

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6.3 How will the marine activity be affected by theproposed works?

Marine activity will be able to operate with little or nodisruption as the normal commercial activities of the port willtake precedence over the site investigation works. For themost part, the barges undertaking the site investigation workswill remain within a single location for a number of days anduse appropriate navigational aids. The increase in marinetraffic cause by the proposed works is expected to be minimaland will have a negligible impact on existing maritimeactivities within the port.

√

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6.4 What mitigating measures will be put in place?

Dublin Port VTS will issue a Notice to Mariners to informthem of the presence of the site investigation works and therelevant exclusion zones which will occur surrounding thelocations in which they are occurring in. This will enable allcommercial and leisure traffic to plan their routes.

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6.5 How will the proposed works affect MarineNavigation in the future?

The proposed site investigation works will have no impact onmarine navigation into the future. √

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Part 7: Fishing/Aquaculture considerations (your consultations with IFI,SFPA, DAFM may inform your answers. Attach additional documents asrequired and mark under the R column)

Fishing/Aquaculture considerations Yes No R

7.1 Is the proposal located in proximity to any of thefollowing: aquaculture operation designated Shellfish Growing Waters fish spawning ground other sensitive fisheries location

Please Illustrate on appropriate chart includingdistance in Km.

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7.2 Are there other potential impacts of the proposal onfishing/aquaculture in the area? If yes, pleasedescribe.

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7.3 Are there any measures proposed to mitigatepotential impacts on fisheries or aquaculture? If yes,please describe.

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Part 8 – Additional information

8.1 Please detail any additional relevant information.

N/A

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Enclosures Checklist

One hard copy of every document is required unless otherwise stated.Electronic versions of documentation must also be provided in searchable

PDF format (no single file to be greater than 30mb) so that theDepartment can make them available on its website.

ItemNo.

Description No. of copiesRequired

1 Application Form.With original signature

4√ 4

2 Mapping (see guidelines document)(i) Site Location map*

(ii)Foreshore Lease/licence map44

√ 4√ 4

3 British Admiralty Chart (largest available scale) 1 √ 4

4 Drawings of the structures to be used and/or layout* 4 √ 4

5 Pre-application correspondence with stakeholders. 1 √ 1

6 Other statutory permissions:(i) Planning permission(ii) Effluent Discharge Licence(iii) Other consent (Please specify)

111

n/an/an/a

7 Company documentation (1):Certified copy of the Company’s Memorandum andArticles of Association

1√ 1

8 Company documentation (2)Certificate of Incorporation of a Limited Liability, orCompany/Rule Book/Constitution for a Club or Co-Operative Society as appropriate

1√ 1

9 Environmental Impact Statement (EIS).(i) Hard copy(ii) CDs

55

n/an/a

10 Natura Impact Statement (NIS) 5 n/a11 Property-related owner permissions/wayleaves

(i) Folio – (or other evidence of private ownership)(ii) Wayleave/consent from other property owners(iii) Other (Please specify)

211

n/an/an/a

12 Other – Please specify

Marine Based Site Investigation Works – Screening forAppropriate Assessment

1

√ 4

* Please note that all drawings have been provided as a separate pack and as part of the Marine Based Site Investigation Works –Screening for Appropriate Assessment report.