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17.—(1) Unless otherwise agreed in writing with the MMO, the installation of piled foundations of 8 metres diameter with a hammer energy of 2,700 kj must not take place within the Order limits between—
(a)1 April and 15 May to avoid the impacts on high intensity dover sole spawning; or
(b)15 April to 31 May to avoid the impacts on salmon smolt and sea trout smolt migration.
(2) In the case of proposed installation of piled foundations of less than 8 metres diameter and/or a hammer energy of less than 2,700 kj a calculation of projected noise measurements and contours must be provided to the MMO and installation must not take place until the same or reduced piling restriction period or alternative mitigation has been approved by the MMO in writing in consultation with the Environment Agency, unless otherwise agreed in writing with the MMO.
(3) Unless otherwise agreed with the MMO, the installation of piled foundations must be carried out on the basis of “6 hours on – 6 hours off”, so that a period of 6 hours of no piling shall follow each piling event which shall be up to 6 hours in duration (be that from single or two simultaneous piling operations) in order to allow the migration of adult salmon and sea trout.
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