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Planning Report Page 1 of 9
Steve Gatley From: Sent: 15 January 2004 09:33 To: [email protected] Subject: FW: 03804
~. ._ ~~
Damian Daly [Dam ian. Daly@ki I ken nycoco. ie]
-----Original Message----- From: Carmel Hogan Sent: 05 January 2004 10:17 To: Damian Daly Subject: 03804
Date:- Our Ref:
231 12/03 03/804
Planning & Development Act, 2000 Planning & Development Regulations, 2001
Applicant:
Location of Development:
Subject:
Arcon Mines Ltd.
Galmoy, Co-Kil kenny.
Permission for an underground extension to existing zinc and lead mine located within the townlands of Castletown, Whiteswall, Rathreag h, Garrylaun, Rathpatrick, Moneynamuck (Stopford), Rathbane, Waterland, Baunballinlough, Coolountha or Moneynamuck and Tullanvoolty close to the viltage of Galmoy, Co. Kilkenny. The extension to the mine underlies the townland of Rathreagh and comprises underground workings and a ventilation shaft.
The mine operates under an Integrated Pollution Control Licence, Register No. 517 and the townland of Rathreagh is included in the Location of the Activity.
An Environmental Impact Statement accompanies the application.
This application is for permission for an underground extension of the existing lead and zinc mine at Galmoy. This application was lodged on the 22nd day of May 2003.
Background
Following a decision by the Planning Authority to grant permission under Planning Ref. No. P.88492, and subsequent associated first and third part appeals, An Bod Pleanala granted permission (PL.10.091530) for a lead - zinc mine at Galmoy in County Kilkenny on the 2gfh day of April 1994.
Subsequent mining and exploration by the company identified additional lead and zinc deposits. Permission
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Planning Report Page 2 of 9
was applied for under Planning Reg. No. P99/1371, to extend the mining area known as CW and G ore- bodies and develop an additional ore-body, referred to as the K ore-body. Permission was granted on the 27fh day of March 2002. This decision was not appealed.
Proposed Development
Permission is being sought for an extension to the existing mining operation to encompass a new ore-body to the South East of the CW ore-body. The new ore body has been named the R ore-body. The additional new minerals identified in the application documents, is estimated to contain 2 million tonnes of high grade lead and zinc ore. The 2 million tonnes of ore contains approximately 20.6% zinc and 8. I % lead.
The R ore-body is the most recent discovery of the Galmoy deposits. The geological setting of the R ore- body is essentially the same as for the other local ore bodies. The proposed mining methods include
Room and Pillar Mining -where the ore thickness is 8 metres of less and the ore is of a low grade. Drift and Fill Mining -where the ore is 8 metres thick and is of a higher grade, Open Stoping with Backfill - proposed in the area of greatest thickness, typically greater than 15
metres, Bench Stoping with Backfill - where the ore is between 8 and 15 meters thick, a variation of the
open stoping method will be employed known as bench stoping.
-
-
All processing of the R minerals will be undertaken using the existing mine and mill infrastructure. The R ore-body shall be accessed through the existing CW mine shaft. The construction of a ventilation shaft on Arcon own land to the North of the R ore body is the only surface feature proposed.
On the basis of the permitted extraction rates, mining of the R ore-body resource will extend the life of the Galmoy operation by circa. 3 years.
The land above and generally surrounding the R orebody is in agricultural use. There are no sensitive structures above the area to be mined.
County Development Plan
“In general it will be the policy of the Council to encourage the development of extractive industries where if is compatible with the protection of the landscape.. .”, 8.4 Extractive Industries.
Referrals
Department of Communications, Marine & Natural Resources * Environmental Protection Agency * National Authority for Occupational Health 8 Safety * Environmental Section (Kilkenny County Council) Roads Design Section (Kilkenny County Councit)* Southern Regional Fisheries Board * An Taisce * The Department of Environment, Hertitage and Local Government - ’
Sanitary Services Section (Kilkenny County Council) South Eastern Health Board taois County Council I* Tipperary County Council (North Riding) The Office of Public Works * Geological Survey of Ireland The Heritage Council Chief Fire Officer Department of Justice, Equality and Law Reform * Hydro log is t
- Duchas -Wildlife Section - Duchas - National Monument Section
Responses received (identified by *) were considered in the assessment of the application.
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Page 3 of 9
Subsidence
The installation of surface monitoring equipment is an essential element of this application. This application involves the mining of minerals under some lands not in the ownership or control of Arcon. Arcon have not as yet received the formal agreement of the relevant landowners to install surface monitoring stations. Lands in the ownership of Arcon account for approximately 65% of the R ore-body mineralization area. See condition No. 5, attached to grant of permission addressing the aforementioned issue.
Conclusion
Having regard to the current County Development Plan, referral responses, the resource based nature of the project and the proposed limited extension of permitted underground workings with very little works above ground, I consider that the project, subject to the attached conditions, would not be prejudicial to the existing amenities or land uses of the area and that the proposed development accords with the proper planning and sustainable development of the area.
Damian Daly Area Planner
i agree with the above report and recommendation.
J. Wall Senior Executive Engineer
I agree with the above recommendation
M. Delahunty Senior Executive Officer
F.mST SCHEDULE
REASON AND CONSIDERATION FOR DECISION ON PLANNING P.03/804
Having regard to the County Development Plan, referral responses, the resource based nature of the project and the proposed limited extension of permitted underground workings, with works above ground limited to the construction of a ventilation shaft, it is considered that the project, subject to the attached conditions, wouId not be prejudicial to the existing amenities or land uses of the area and that the proposed development accords with the proper planning and sustainable development of the area,
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Planning Report Page 6 of 9
Cood. 8
Cond. 9
Cond. 10
Cond. 11
Cond. 12
backfiIling of the underground mine, then complete details of the tailings removal, handling and transfer process shall be first submitted to and agreed with the Planning Authority.
Reason: To ensure the development is carried out in an orderly manner, to minimise the risk of subsidence and in the interests of visual amenity.
The role and scope of the Model Review Committee, established under Condition No. 61 of the parent permission (Ref. in Planning Register P.884/92), shall be extended as appropriate to additionally address hydrogeological matters associated with the R ore- body.
Reason: To provide for appropriate on-going review of the hydrological model for the extended mine development.
Where the Planning Authority considers that operations at the development have ceased for a period in excess of six months and where the developer can offer no reasonable grounds to dispute this opinion, then the Planning Authority shall be empowered to notify the developer of their intention to activate the enforced early closure plan and of their intention to call upon the guarantees offered within 60 days,
Reason: In the interest of orderly development.
Procedures to provide immediate and unhindered access to the complete mining development to authorised personnel to carry out such inspections, monitoring and investigations as deemed necessary shall be agreed with the Planning Authority.
Reason: In the interest of safety, having regard to the inherent dangers of mine operations.
The developer shall make such provision as is necessary to ensure immediate mitigation of impacts to water supply sources which are adversely affected by the development during all stages of the development and in the post-closure period, with the full cost of such measures being borne by the developer. In the event of disruptions of water supply the operation(s) causing such disruption shall be immediately reduced or ceased, as appropriate, until the affected water supply has been restored or replaced.
Reason: To ensure the maintenance of continuous adequate potable water supply, in the interest of public health.
The existing company water supply scheme shall be extended, if and as necessary, to mitigate impacts arising from development of the R orebody. The design of the appropriate extension to the watermain network shall be submitted to and agreed with the Planning Authority.
Reason: In the interest of public health and residential amenity and to minimise disruption to the public.
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Planning Report Page 5 of9
Cond. 3
Cond. 4
Cond. 5
Cond. 6
Cond. 7
certification by a competent person of “tight- backfilling”, supported by suitable and sufficient test results, rigorous review of subsidence prevention measures
and of the subsidence monitoring procedures referred to in (b) above, progress on implementation of Closure Plan, and
operations.
(iii)
(iv) (v) availability of tailings, and their source, for backfill
Reason: In the interests of safety, to minimise the risk of subsidence and to ensure a satisfactory close-out of the mining development.
(a) The “Mine Closure and Rehabilitation Plan”, under Condition 46 of the parent permission (Ref. In Planning Reg.: P 884/92) relating to the mine, shall be reviewed and updated as soon as may be. The Plan shall additionally address matters arising from mining of the R orebody.
(b) The amount of the fund dedicated to providing the costs of Mine Closure and Rehabilitation, under Condition 43 of the parent permission (Ref. In Planning Reg.: P 884/92) relating to the mine, shall be varied as appropriate and shall include additionally for matters arising from mining of the R orebody.
Reason: To ensure the satisfactory completion of the development.
This grant of permksion excludes extraction and processing of ore other than from the R ore-body, as defined by the area coloured yellow on the attached drawing extract (“Galmoy Mine Extension Site Location Map”, lodged with the Planning Authority on the 22”d day ofMay 2003; scale 1:SOOO).
Reason: To clarify the extent of development authorised by this permission.
Mining of the R-orebody - as defined under Condition 4 above ~ is initially restricted to the area directly beneath lands in the ownership of the developer; a suitable subsidence surface monitoring scheme (including evidence of rights of access as appropriate extending into the post-closure period) shalI be submitted to and formally agreed with the Planning Authority prior to commencement of mineral extraction (other than primary and haulage routes) from the R-orebody directly beneath lands in third party ownership.
Reason: To ensure an appropriate monitoring of the development can be implemented.
This grant of permission for the extraction of minerals shall expire on the 3 I st day of March 2019
Reason: The specified time period is considered adequate having regard to the nature and extent of the proposed mine extension.
In the event of tailings from the Tailings Impoundment Facility being necessary for
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Cond. 1
Cond. 2
SECOND SCHEDULE
19 NO. CONDITIONS ATTACHED TO PLANNING P. 03W04
The proposed development shall be carried out and completed in accordance with the complete documents lodged with the Planning Authority on the 22nd day of May 2003 and the accompanying EnvironmentaI Impact Statement including expert technical reports lodged on the gth day of August 2003 and the later submissions lodged on 3'd, loth and 1 lfh days of November 2003 except as may otherwise be required in order to comply with the conditions below.
Reason: To clarify the detailed development proposals authorised by this permission.
(a) The proposed mining development shall be developed, operated and decommissioned in such a manner as to avoid as far as practicable subsidence or settlement of surface features.
(b) A Subsidence Monitoring Procedure shall be prepared and implemented which details the location and installation of survey beacons on bedrock, the method and frequency of subsidence monitoring and analysis, and which includes a contingency plan to cover the event of excess subsidence occurring or of beacons being lost or damaged, and is to include a formal notification system. Details of the procedure shall be submitted to and agreed with the Planning Authority prior to extraction of ore (other than access and haulage routes) from the R orebody.
( c ) A third party expert independent auditor(s), whose appointment shall be subject to the agreement of the Planning Authority, shall carry out auditing and prepare a report of the complete mining activities and operations. The first audit-report shall be completed within 3 months of the date of grant of this permission with subsequent audits-reports being initially at not greater than 6 monthly intervals. The interval between audit-reports may be reviewed and extended subject to the formal agreement of the Planning Authority, but in any case the interval between audit- reports shall not exceed 12 months. Copies (4 No.) of each Audit Report shall be lodged with the Planning Authority within one calendar month of the carrying out of the audit.
The audit and report shall address, amongst other matters, the following:
(i) continuous internal review of underground conditions, including good record keeping (particularly of pillar conditions) and analysis, the adoption of appropriate pillar height /width ratios and a peer reviewed geotechnical classification process, with the underground failure prevention plan being updated to reflect the proposed mining methods to be adopted within the R zone,
adoption and implementation of appropriate backfilling procedures, including an appropriate strength-testing regime and quality control measures,
(ii)
primary
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Piarming Report Page 7 of 9
Cond. 13
Cond. 14
Cond. 15
Cood. 16
Prior to the rewatering of the worked-out mine areas of the R orebody, the developer shall submit to and agree with the Planning Authority a detailed design for a further extension of the replacement water supply distribution network to mitigate likely impacts arising therefrom. The design of this additional extension of watermain network shall be accompanied by and justified by an up-to-date review and revision of the Solute Transport Model incorporating an up-to-date Groundwater Flow Model which is based on the reviewedrevised model for the complete CW (extended), G (extended), K, R and additional orebodies, and subsequent continuous well monitoring. This additional extension of the watermain network shall be completed to the satisfaction of the Planning Authority prior to commencement of rewatering.
Reason: In the interest of public health and residential amenity and to minimise disruption to the public.
Groundwater levels in relevant private wells (where access has been granted by the owners concerned) and in dedicated observation boreholes (with the number, exact location and monitoring depth of each being agreed with the Planning Authority) shall be monitored in accordance with a comprehensive monitoring scheme and programme, details of which shall be submitted to and agreed with the Planning Authority within 3 months of the date of grant of this permission. The monitoring programme shall include water level measurement and water quality analysis.
Reason: In the interest of public health.
Laden and unIaden heavy goods vehicles associated with the transport of ore- concentrate shall only use:
(a)
(b)
the Regional Roads R435 and the R502 fi-odto the mine site to/from Johnstown, and National Routes frondto Johnstown to/from New Ross Pori.
Reason: In the interests of traffic safety.
The transport vehicles shall be custom designed to satisfy the requirements of the licensing authority. They shall be vehicles which are dedicated to the transport of bulk concentrate only and shall be constructed to specifications such that the bulk load of materials is completely covered so that loss cannot occur during transport or in the event of the vehicle overturning.
Reason: To ensure adequate control of fugitive dust emissions during road haulage of bulk concentrates and to protect human and animal health and the environment.
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Planning Repori Page 8 o f 9
Cond. 17
Cond. 18
Cond. 19
Prior to importation of fill-material for use as underground backfill
(a) complete details of haulage route(s) from source to the mine- site of the fill-material shall be submitted to and agreed with the Planning Authority,
(b) expert evaluation and analysis of the strength and carrying capacity of routes (excluding National Routes) referred to in (a) above shalI be submitted to and agreed with the Planning Authority, and
(c) a financial contribution shall be paid by the developer to Kilkenny County Council towards the capital cost associated with the necessary road improvement and/or strengthening works to ensure the haulage routes can cater for the additional traffic generated by the project. The amount of the contribution shall be determined by the Planning Authority foIlowing receipt of the information referred to in (a) and (b) above. Arrangements for payment of the contribution money shall be agreed with the Planning Authority.
Reason: In the interests of traffic safety and to ensure that an equitable contribution is made towards the cost of public services which facilitate the development.
Within 3 months of this grant of permission, a detailed additional landscaping scheme which has regard to this rural location and setting, shall be submitted for the particular areas bounding the Regional Road R.435 (both sides) and the site entrance, shall be submitted to and agreed with the Planning Authority. The detailed landscaping plan shall be prepared by a professional landscape-architect or arborist. The landscaping plan shall address individual elements such as species, densities and time period over which planting will be carried out. Landscaping of other areas shall accord with the requirements of the parent permission (Ref. In PIannjng Reg.: P 884/92) relating to the mine
Reason: In the interests of visual amenity
Prior to commencement of development, the developer shall pay the sum of €8000.00 (eight thousand euro) [updated at time of payment in accordance with changes in Wholesale Price Index - Building and Construction (Capital Goods), published by the Central Statistics Office], to Kilkenny County Council as a contribution towards the expenditure to be incurred by the said Council in respect of road improvement works at and in the immediate vicinity of the R435-R502 junction and to a length of the R435 south of the mine entrance. The amount stated shall be indexed from the end of 2003 prices.
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Footnote:
The requirement to pay this contribution is subject to the stipulations set out in sub-paragraphs (i), (ii), and (iii) of section 26 (2) (h) of the Local Government (Planning and Development ) Act, 1963 and for the purposes of the said sub-paragraphs (i) and (ii) the specified period shall be the period of 7 years from the date of payment of the said contribution to the Council .
Reason: It is considered reasonable that the developer should contribute toward the expenditure that is to be incurred by the said Council in respect of road improvement works which will facilitate the proposed development.
Section 34 (13) of the Planning and DeveIopment Act 2000 states : '2 person shall not be entitled sole@ by reason of upermission under this
section to carry out any development. '' Developers are obliged to comply with other legislation and to avoid infringement of
third party rights.
This message is intended only for the use of the person(s) ("the intended recipient(s)") to whom it is addressed. It may contain information which is privileged and confidential within the meaning of applicable law. If you are not the intended recipient, please contact the sender as soon as possible. The views expressed in this communication may not necessarily be the views held by Kilkenny County Council.
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c
TO: ARCON Mines Limited 60, Merrion Road Ballsbridge Dublin 4.
Planning Register Number:
Valid Application Received:
03/804
22/05/2003
Further IaformaQiaau Received Date: 03/11/2003
for an underground extension to existing zinc and lead mine located within the townlands of Castletown, Whiteswall, Rathreagh, Garrylaun, Rathpatrick, Moneyaamuck (Stopford), Rathbane, Waterland, Baunballinlough, Codountha or Moneynamuck and Tullanvoolty close to the village of 3almoy, Co. Kilkenny. The extension to the mine underlies the townland of Ratbreagh and comprises underground workings and a ventilation shaft. The mine operates under an Integrated Pollution Control Licence, Register No. 517 and the townland of Rathreagh is included in the Location of the Activity. h Environmental Impact Statement accompanies the application. AT Castletown Whiteswall Rathreagh IN ACCORDANCE WITH THE PLANS, PARTICULARS AND
SECOND SCHEDULE HERETO, THE REASONS FOR THE IMPOSITION FOR THE S A D CONDITIONS BEING SET OUT IN THE SAlD SECOND SC€lEDUE.
~emmLwmm SUBMITIED SUBJECT TO THE 19 NO. CONDITIONS SPECIFIED IN THE
Signed ~2 behalf of KiIkemy County Council
See final page for details of appeal procednres.
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to the planning application io the planning BUthdiy in accordznce eh the permission rephti0rrs and on PaymenL of the appropriate fee, may, at any time before the expi ta~on ofthe appropriate period - "lhe appropriate period" means the period of four weeks beginzing on &e day of the decision of the planning authority - appeal to An Eord Pleanala against 5: decision of a planning authority znilcr Section 34.
c ----- + L I
AN APPEAL SIzAx;s, BE W E ( a j
(b>
(c)
by sending the appealby prepaid post to An Bord Pleanala, 64 Marlborough Street, Dublin 1 - Tel(01) 8588100 or hoCall NO. 1890 275175 by leaving the appeal with an employee of An Bord $lemala at the offices of the Board during office hours (as determined by the Board) or by such other means as may be prescribed.
A N APPEAI, smn (a) be made in writing (b) [c) (d) (e)
state the name and address of the appellant and of the person, if any, acting on his or her beha!f state the subject matter of the appeal state in full the grounds of appeal and the reasons, considerations and arguments on which they are based in the case of an appeal under Secrim 37 by a person who #made submissions or observations in accordance with the permission regulations, be'accompanTed by the acknowledgement by the planning authority of receipt of the submissions or observations be accompanied by such fee (if any) as may be payable in respect of such appeal in accordance wilh Section 144 and be made within the period specified for making the appeal,
' I
(f)
(g)
FEES FOR APPEAL (a)
(b) [c}
(d) Other planning appeal {e) have to appeal (0 (g) Section 5 reference (h) (i) Submissions or observation @y observer) . (i>
Appeal by an applicant for planning permission in respect of commercial development where the application relates to unauthorised devdopment Appeal by an applicant for planning permission in respect of cemmercial develapment Appeal by an applicant where t he appfication relates to unauthorised development, other than an appeal mentioned at (a) or (b)
Appeal following a grant of leave to appeal
Reduced fee (payable by certain prescribed bodies)
Request'from a party for an oral hearing
I. ,.
I. 1.
Cl800 €600
€600 €200 €100 e100 €200 €100 €50 '
€90 '
Nothwithstanding the above, a person who has an interest in land adjoining land in respect of which permission has been granted may, within the appropriate period and on payment of the appropriate fee, apply to the Board for leave to appeaI against a decision of the planning authority under Sect@ 34 An application shall state the name and address of the person making the application, the grounds upon which the application is madc, and a description of the person's interest in the land.
ORAL HEARINGS The Board may, in its absolute discretion, hold an oral hearing of an appeal.
A party to an.appea1 may request an oral hearing of the appeal. A request for art oral5earing of an appeal shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with Section 144. A request for an oral hearing of an appeal which is not accompanied by such fee (if any} as may be payable in respect of the request shall not be considered by the Board.
A request by an appellant €or an oral hearing of an appeal under Section 37 shall be made within the appropriate period referred to in that section (the period of four weeks beginning on the day of the decision of the planning authority) and any request received by the Board after the expiration of that period shall not be considered by the Board.
A request by a party to an appeal othcr than h e appellant for an oral hearing of an appeal shall be made within the period referred to i n Seclion 129(2)('u) (within a period Of4 weeks beginning on the day on which a COPY of the appeal is sent to that party by the Board) within which the party may make submissions or observations $0 the Board in relation to the appcal, and any such request received by iha Board after the expiration =f that P e r i d shaII not be considered by the Board
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Having regal-d to the County Development Plan, referral responses, the resource based nature of the project and the pi-oyosed Iiiiiited extension of yeniiitted underground workings, with worlcs above gi-mind liinited to the consbuction of a ventilation shaft, it is considered that the project, subject to the attached conditions, would not be prejudicial to the existing amenities or land uses of the ai-ea and that the proposed development accords with the proper planning and sustainable devclopiiiwt of the am!.
SECOND SCBEDUILE
19 NO. CONDITIONS ATTACHED TO BL.4NMNG P. 03/804
Concl. 1
CORd. 2
Tlie proposed deveIqment shall be camed out and coinpleted in accordance with the complete documents lodged with the Planning Authority on the 22"d day of May 2003 and the accompanying Environmental Lrnpact Statement incIulng expa-l technical reports lodged on the Xth day of August 2003 and the !ater subnlissions lodged on 3rd, 10"' and 1 1"' days of November 2003 except as may otherwise be required in order to comply with the conditions below
Reason: To clarify the detailed development proposals authorised by this pa-mission.
(a) The proposed mining development shaII be developed, operated and decommissioned in such a nlanner as to avoid as far as practicable subsidence or settleincnt of swface features.
(b) A Subsidence Monitoring Procedure shall be prepared and iiiipleinented which details the location and instaIlation of survey beacons on bedrock, the method and frequency of subsidence monitoring and analysis, and which includes a contingency plan to cover the event of excess subsidence occurring or of beacons being Iost or damaged, and is to include a formal notification system. Details of the procedure shall be submitted to and agreed with the Planning Authority prior to extraction of ore (other than access and haulage routes) from the R orebody.
primary
(c) A third paiQ expert independent auditor(s), whose appointment shall be subject to the agreement of the Planning Authority, shall cany out auditing and prepare a report of the complete milling activities and operations. The fixt audit-report shall be completed within 3 months of the date of grant of t h s pemission
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Cond. 3
with subsequeiit audits-reports being initially at not greater then 6 iiioiitlily intervals. The inteival between audit-reports may be reviewed and extended subject to the formal agreement of the Planning Authority, but in any case the interval between audit- reports shall not exceed 12 months. Copies (4 No.) of each Audit Report shall be lodged with the Planiiiiig Authority within one calendar inonth of the canying out of the audit.
The audit and 1-eport shall address, amongst other matters, tlie following:
(i) continuous intemal review of underground conditions, including good record keeping (parhcularIy of pillar conditions) and analysis, the adoption of appropriate pillar height /width ratios and a peer reviewed geotechnical classification process, with the undergound failure prevention plan being updated to reflect the proposed mining methods to be adopted within the R zone,
adoption and imnpleinentation of appropriate bacldilling procedures, including an appropriate strength-testing regime and quality control measures, certification by a conipetent person of “tight- backfilling”, supported by suitable and sufficient test results, rigorous review of subsidence prevention measures
and of t h e subsidence monitoring procedures referred to in @) above,
(iv) progress on implementation of Closure Plan, aiid (v)
operations.
(ii)
(iii)
availability of tailings, and their source, for backfill
Reason: In the interests of safety, to minimise the risk of subsidence and to tiisure a satisfactoiy close-out of tlie mining development.
(a) The “Mine Closure and Rehabilitation Plan”, under Condition 46
relating to the mine, shall be reviewed and updated as soon as may be. The Flail shalI additionally address matters arising from mining of the R orebody.
of tlie parent permission {Ref. In Planning Reg.: P 884/92)
(b) The aiiiount of the fimd dedicated to providing the costs ofIvline Closure and Rehabilitation, under Condition 43 of the parent peiinission (Ref. In Planning Reg.: P 884192) relating to the mine, shall be varied as appropriate aiid shall include additionally for matters arising from mining of the R orebody.
Reason: To eiisure the satisfactoiy conipletion of the development.
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Golad. 5
Cond. 6
Cond. 7
Cond. 8
This grant of peiiiission excludes extraction and processing of ore other than fi-om the R ore-body, as defined by the area coloured yelIow on the attached drawing extract (“Galmoy Mine Extension Site Location Map”, lodged with the Planning Authority on the 22’ld day of May 2003; scale I :5000).
Reason: To clarify the extent of developinent authorised by this permission.
Mining of the R-orebody - as defined undei- Condition 4 above - is initially restricted to the area directly beneath Iands in the ownership of the developer; a suitable subsidence sui-face monitoring scheme (including evidence of rights of access as appropriate extending into the post-closure period) shall be subnlitted to and foimally agreed with the Planning Authority prior to conmiencement of mineral extraction (other than primary and hauIage routes) fimi the R-orebody directly beneath lands in third paity owierslijp.
Reason: To ensure an appTo-opriate iiioiiitoring of the development can be iniplernented.
This grant of peiniission for the extraction of minerals shall expire ox the 3 1 ’‘ day of March 20 19.
Reason: The specified time period is considered adequate having regard to the nature and extent of the proposed mine extension.
In the event of tailings from the Tailings Impoundment Facility being necessary for bacldilling of the underground mine, then coiiiplete details of tlie tailings removal, handling and transfer process shall be first submitted to and ag-eed with the Planning Authority.
Reason: To ensure the development is carried out in an orderly manner, to nllninlise the i-isk of subsidence aid in the interests of visual amenity,
The role and scope of the Model Review Committee, established under Condition No. 61 of the parent permission (Ref. in Planning Register P.S84/92), shall he extended as appropriate to additionally address hydrogeological matters associated with the R oi-e-body.
Reason: To provide for appropriate on-going review of the hydrological inodel for the extended nine development.
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Cond. 10
Cond. 11
COllcl. 12
Where tlie Planniiig A4uthonty considers that operations at the development have ceased for a period in excess of six months and where the developer can offer no reasonable gromds to dispute this opimoi~ then the Planning AEthority shall be empowel-ed to notify the developer of their intenbon to activate the enforced early closure plan and of their intention to call upon the guarantees offered witlin 60 days.
Reason: In the interest of orderly development.
Procedures to provide iiimediate and unhindered access to the coniplete mining development to authorised persome1 to cany out such inspections, imnitokng and investigations as deemed necessary shall be agreed with the Planning Autlioi-ity .
Reason: h the interest of safety, having regard to the inherent dangers of mine operations.
The developer shall make such provision as is necessay to ensure immediate mitigation of iiiipacts to water supply sowce.s which are adversely affected by the development during all stages of the developnimt and in the post-closure period, with the full cost of such measures being borne by the developer. In the event of disruptions of water supply the operation(s) causing such disruption shall be inmediately 1-educed or ceased, as appropriate, until the affected water supply has been restored or replaced.
Reason: To ensu-e the maintenance of continuous adequate potable water supply, in the interest of public health.
The existing company water supply scheme shall be extended, if and as necesssuy, to mitigate impacts arising koin development of the R orebody. The design of the appropriate Extension to the watennain network shall be submitted to and agreed with the Planning Authority.
Reason: hi tlie interest of public health and residential amenity and to niiiinlise disruption to the public.
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CmQ. 13
Cond. 14
Cond. 15
Cond. 16
Piior to the 1-ewateriiig of the worked-out mine areas of the R a-ebody, tlie developer shall subinit to and agree with the Planning Authority a detailed design for a further extension of the replacement water suppIy distribution network to iiitigate liIceIy impacts arising thei-&om. The design of this additional extension of watermain network shall be accompanied by and justified by an up-to-date review and revision of the Solute Transport Model incorporating an up-to-date GI-oundwater Flow h4odel which is based on the reviewedlrevised model for the complete CW (extended}, G (extended), K, R and additional oi-ebodies: and subsequent continuous well monitoring. This additional extension ofthe wataiiain network shall be compIeted to the satisfaction of the PIanning Authority prior to conmiencement of rewateiing.
Reason: In the interest of public health and residential amenity and to ininiinise disixption to the public.
Groundwater levels ~II rekvant private wells (where access has been granted by the owners concernEd} and in dedicated obsei-vation boreholes (with the nuniber, exact location and monitoring depth of each being agreed with the Planning .4UthonQ) shall be monitored Lii accordance with a coniprehensive monitoring schenie and progranme, details of which shall be subnlitted to and agreed witb tlie Planning Autho&y within 3 months of the date of grant of this permission. The monitoring progranme shall indude water level measurement and water quality analysis.
Reason: In the interest of public health.
Laden and unladen heavy goods vehicles associated with the transport of ore- concentrate shall only use:
(a)
(73)
the Regional Roads R435 and the R502 fromito the nine site toifrum Jolmstown, and National Routes fiomdto Johnstown to/fi-om New Ross P0l-t.
Reason: In the interests of traffic safety.
The transport vehcles shall be custom designed to satisfy the requirements of the licensing authority. They shall be vehicles whch are dedicated to the transport of bulk concenwate only and shalI be constructed to specifications such that the buIk load of materials is completely covered so that loss cannot occu during transport or in the event of the vehicle overturning.
Reason: To eiisure adequate control of fiDtive dust emissions during road haulage of bulk concentrates illid t o protect Iiuniaii and animal health and the eilvlromiient.
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Coaad. 17
Cond. 18
Prior to importation of fill-material for use as undei-ground backfill
complete details oE haulage route(s) from source to the mine- site of the fill-mataial shall be submitted to and agreed with the Planning Authority,
expert evaluation and anaIysis of the stsengtli and carrying capacity of routes (excluding National Routes) refei-ied to in (a) above shall be submitted to and agreed with the Planning Authority, and
a financial contribution shall be paid by the developer to Kilkenny County Council towards the capital cost associated with the necessary road improvement andor strengthening works to ensure the hadage routes can cater for the additional traffic generated by the project. The amount of the contribution shall be determined by the Planning Authority following receipt of the infamation referred to in (a) and (b) above. Arrangements for payment of the confxibution money shall be agreed with the Planning Authority.
Reason: h the interests of traffic safety and to ensure that an equitable contribution is made towards the cost of public services which facilitate the development.
Within 3 moiiths of this grant of permission, a detailed additional landscaping scheme which has regard to this m a l location and setting, shall be submitted for the particular areas bounding the Regional Road R.435 @oth sides) and the site entrance, shall be submitted to and agreed with the Planning Authority. The detailed landscaping plan shall be prepared by a professional landscape- architect or wborist. The landscaping plan shall address individual elements such as species, densities and time period over which planting will be carried out. Landscaping of other areas shall accord with the requirements of the parent permission (Ref. In Planning Reg.: P 8841921 relating to the mine
Reason: In the interests of visual amenity
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Cosnd. 19
Footnote:
Prior to commencenlent of developmnt, the developer shall pay the sum of €8000.00 (eight thousand eu1-0) [updated at time of payment in accordance with changes in WholesaIe Price Index - Building and Constriction (Capital Goods), published by the Central Statistics Office], to Kilkenny County Council as a contribution towards the expenditure to be incurred by the said Council in respect of road improvement works at and iii the immediate vicinity of the R435-R502 junction and to a length of the R435 south of the niiiie enh-ance. The amo:nit stated shall be indexed from the end of 2003 prices. The requil-emmt to pay this contribution is subject to the stipulations set out in sub-paragraphs (i), (ii), and (iii) of of tlie Local Government (Plaiming and Development 1 Act, 1963 and for the puiyoses of the said sub-paragraphs (i) and (ii} the specified period shall be the period of 7 yea-s fi-am the date of payment of the said contribution to the couuci l .
section 26 (2) (h)
Reason: It is considered reasonable that the developer should conhiibute toward tlie expenditme that is to be incurred by the said Council in respect of road inipi-ovenlent works which will facilitate the proposed development.
Section 34 (I 3) of the Planning and DeveIopment Act 2000 states : ‘2 person shall not be entifled solely by I ” ~ U S O M of a permission under fhis
section lo carry out any developmenr. ” Developers are obIiged to coinply with otha legxlation and to avoid
infi-i-ingement of third party rights.
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I, the undersigned herkby give noeidgive notice on behdf * of the person(s) named below, t~ the above Budding Control Authority (in accordme with Fm 11 of the Building Contd Regulations) that M e persons named* below intend to carry out the project as described below. (*Cross out wh.ichmm is i!il&pprDpAhite)
Nme: Address: Tel No: Fax No:
Designer: Name: Address: Td No: Fax No:
Builder: Name: Td No: Fax No:
Drainage System Foundations: Person(s) ffom whom notificdon of the pouring of any foundations and /or the wering up of my drainagd systems may be sb~ced:
Address: Tel No: Fax No:
Person@) from whom such plans documents md my othm idomation as mor6 n e c e s ~ to show that the building or works will, if built in accordance with the design, comply with the requirements o f b e Building Regulations, m y be obtaind.
h f i O m l d Q I l :
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Hmes: Address: Tel No: Fax No:
Fire Safe@ Cert NQ. (if applicable) Planning Permission No:
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L
4
.. -1
. . . . . .
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I
+'
PLANNING AND DEVELOPMENT ACTS, 2000 TO 2002
Kilkenny County
Planning Register Reference Number: 03/804
An Bord Pleadla Reference Number: PL 10.20591 1
APPEAL by Arcon Mines Limited of Galmoy, via Thurles, County Kilkenny against the decision made on the 23rd day of December, 2003 by Kilkenny County Council to grant subject to conditions a permission in accordance with plans and particulars lodged with the said Council.
PROPOSED DEVELOPMENT: An underground extension to existing zinc and lead mine located within the townlands of Castletown, Whiteswall, Rathreagh, Garrylaun, Rathpatrick, Moneynamuck (Stopford), Rathbane, Waterland, Baunballmlough, Coolountha or Moneynmuck and Tullanvoolty close to the village of Galmoy, County Kilkenny. The extension to the mine underlies the townland of Rathreagh and comprises underground workings and a ventilation shaft. The mine operates under an Integrated Pollution Control Licence, Register Number 517 and the townland of Rathreagh is included in the location of the activity.
DECISION
Having regard to the nature of the condition the subject of the appeal, the Board is satisfied that the detesmhatiion by the Board of the relevant application as if it had been made to it in the first instance would not be warranted and directs the said Council under subsection (I) of section 139 of the Planning and Development Act, 2000 tu REMOVE condition number 15@) and the reason therefor, based on the reasons and c~aasiderzati~~~~ set oat bdow.
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.., C .
Having regard to the nature of the condition appealed, to the information contained in the Environmental hpact Statement in relation to transport and in particular Section 12.2 concerning loaded concentrate trucks and to the requirements of condition number 1 of this permission, it is considered that it is not appropriate to further control such truck movements or to designate any port for the export of the mineral concentrate.
Member of An Bord Bleanila duly authorised to authenticate the seal of the Board.
Dated this day of 2084.
PL 10.205911 An Bord PleanBla Page 2 of2
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Ref: 10.205911
$P irection
The submissions on t h i s file and the Inspector‘s report were considered at a Board meeting held on 1’’ June 2004.
The Board decided, in accordance with the Inspector’s recommendation, to treat this case under section 139 of t he Planning and Development Act, 2000. The Board also decided that the planning authority be directed, as foUows:
Remove Condition No. IS@).
REASONS AND CONSIDERATIONS
Having regard to the nature of the condition appeaIed, to the information contained in the EIS in relation to transport and in particular Section 12.2 concerning loaded concentrate trucks and to the requirements of Condition No. 1 of this perrnission it is considered that it is not appropriate to further control such truck movements or to designate any port for the export of the mineral concentrate.
Note: In arriving at its decision, under the provisions of Section 139, the Board considered that it was not appropriate to attach additionaI conditions or amend conditions that relate to matters other than transportation of concentrate off site.
The Board also consider,ed that, as the appeal in relation to Condition No.19 was withdrawn, the question of contributions should not be addressed any further.
The Board noted the Inspector’s view that, at this point in time, the regional roads between Johnstown and Kilkenny (via Freshford) are of a higher standard than the N77 National Secondary route for this journey and that the long distance haul route is more appropriately regulated by agreement between the planning authority and the developer based on conditions that pertain from time M time.
A copy of this direction sheet should accompany the order.
Board Member Date I St June 2004. Brian Hunt
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