Article 34
1.—(1) In this licence—
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“authorised development” means the development described in Part 1 of Schedule 1 and any other development authorised by the Order that is development within the meaning of section 32 of the 2008 Act;
“authorised project” means the authorised development;
“the English inshore region” has the same meaning as that given in section 322 (interpretation) of the 2009 Act;
“licence holder” means the undertaker and any agent, contractor or sub-contractor acting on its behalf;
“licensable marine activities” means any activity licensable under section 66 of the 2009 Act;
“licensed activity” means any activity described in Part 2 of this licence;
“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve to the extent that such activities have been assessed in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;
“mean high water spring tide” means the highest level which spring tides reach on average over a period of time;
“MMO” means the Marine Management Organisation;
“river” means for the purposes of this Schedule 13 the areas of Work No. 4 which are below mean high water spring tide within the River Aire;
“Order” means The Eggborough Gas Fired Generating Station Order 2018;
“Order land” means the land delineated and marked as such on the land plans;
“the Order limits” means the limits shown on the works plans within which the authorised development may be carried out;
“undertaker” means Eggborough Power Limited (registered company number 03782700);
“Work No. 4” means cooling water connection works, comprising works to the existing cooling water supply and discharge pipelines and intake and outfall structures, including, as necessary, new, upgraded or replacement pipelines, plant, buildings, enclosures and structures, and underground electrical supply cables, transformers and control systems cables,
2.—(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this Schedule is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH, telephone 0300 123 1032 and where contact to the local MMO office is required, the following contact details should be used: Marine Management Organisation, Room 13, Crosskill House, Mill Lane, Beverley, HU17 9JB, telephone 0208 026 0519.
(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk or where contact to the local MMO office is required is beverley@marinemanagement.org.uk.
3.—(1) Subject to the licence conditions in Part 3 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which—
(a)form part of, or are related to, the authorised project; and
(b)are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.
(2) Such activities are authorised in relation to the construction, maintenance and operation of—
(a)Work No. 4 — works including the installation and removal of a cofferdam and works to the existing cooling water discharge structure, including, as necessary, upgraded or replacement pipelines and structures.
(3) The activity set out in sub-paragraph (2)(a) is authorised in relation to the construction, maintenance and operation of those elements of Work No. 4 of Schedule 1 (authorised development) of this Order as defined in paragraph 1 of this schedule, and any further associated development listed in items (a) to (m) in Schedule 1 in connection with Work No. 4, which fall within the English inshore region.
(4) The undertaker (and any agent, contractor or subcontractor acting on its behalf) may engage in the licensed activities in—
(a)the area bounded by the coordinates set out in Table 12 in this paragraph; and
(b)if there is a change in mean high water springs during the construction, maintenance and operation of the licensed activities, the area bounded by the coordinates set out in Table 13 in this paragraph to the extent that they fall below mean high water spring tide at the time the licensed activities are carried out.
(5) The coordinates in Table 12 and Table 13 are defined in accordance with reference system WGS84 –World Geodetic System 1984.
| Work No. | Easting | Northing |
|---|---|---|
| 4 | 624397.000 | 5953948.000 |
| 624393.000 | 5953940.000 | |
| 624387.000 | 5953937.000 | |
| 624378.000 | 5953936.000 | |
| 624368.000 | 5953936.000 | |
| 624363.000 | 5953938.000 | |
| 624355.000 | 5953938.000 | |
| 624347.000 | 5953943.000 | |
| 624345.000 | 5953943.000 | |
| 624342.000 | 5953946.000 | |
| 624335.000 | 5953951.000 | |
| 624326.000 | 5953957.000 | |
| 624318.000 | 5953963.000 | |
| 624327.000 | 5953980.000 |
| Work No. | Easting | Northing |
|---|---|---|
| 4 | 624397.000 | 5953948.000 |
| 624384.000 | 5953924.000 | |
| 624312.000 | 5953951.000 | |
| 624326.000 | 5953979.000 |
4. Should the licence holder become aware that any of the information on which the granting of this deemed marine licence was based has changed or is likely to change, the licence holder must notify the MMO at the earliest opportunity and failure to do so may render this licence invalid and may lead to enforcement action.
5. Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team within 12 hours of being identified in accordance with the following—
(a)within office hours: 0300 200 2024;
(b)outside office hours: 07770 977 825; or
(c)at all times if other numbers are unavailable: 0845 051 8486 or dispersants@marinemanagement.org.uk
6.—(1) Where the licensed activities are to be carried out in the area bounded by the coordinates in Table 13 and any part of that area is below mean high water springs, the licence holder must submit to the MMO for approval an assessment not less than 10 weeks prior to commencing the licensed activities.
(2) The assessment submitted pursuant to sub-paragraph (1) must contain as a minimum clear designs for works together with an assessment of the bank stability, the impacts of the proposed works on the hydromorphology of the river and how the proposed solution will be resilient to any future bank erosion.
7.—(1) The licence holder must submit a method statement to the MMO at least 6 weeks prior to the proposed commencement of the licensed activities.
(2) The licensed activities must not commence until written approval is provided by the MMO.
8. The licence holder must inform the MMO in writing of the intended start date and the likely duration of licensed activities on a site at least ten working days prior to the commencement of the first licensed activity on that site.
9. A notice to mariners must be issued prior to activities commencing and a copy sent to the MMO within five working days of issue.
10.—(1) The licence holder must notify the MMO in writing of any agents, contractors or subcontractors that will carry on any licensed activity listed in this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity.
(2) The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on the licensed activity on behalf of the licence holder.
11.—(1) The licence holder must notify the MMO in writing of any vessel being used to carry on any licensed activity listed in this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.
(2) The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments has been read and understood by the masters of any vessel being used to carry on any licensed activity listed in this licence, and that a copy of this licence is held on board any such vessel.
12. The licence holder must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with Environment Agency Pollution Prevention Control Guidelines.
13. The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.
14. The licence holder must not discharge waste concrete slurry or wash water from concrete or cement into the river. The licence holder must site concrete and cement mixing and washing areas at least 10 metres from the river or surface water drain to minimise the risk of run off entering the river.
15.—(1) Vibro piling must be used as standard, with percussive piling only used if required to drive a pile to its design depth. If percussive piling is necessary soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved.
(2) The soft-start duration must be a period of not less than twenty minutes.
(3) Should piling cease for a period greater than ten minutes, then the soft start procedure must be repeated.
16. If concrete is to be sprayed suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the water environment. Rebounded material must be cleared away before the sheeting is removed.
17. During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.
18. The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within six weeks of completion of the licensed activity.
19. The licence holder must ensure that the MMO local Marine Office is notified of the completion of works and operations within ten days following the completion of the works.