The Able Marine Energy Park Development Consent Order 2014

PART 4 CONDITIONS

General conditions

14.—(1) The conditions set out at paragraphs 15 to 69 are licence conditions attached to the deemed marine licence granted by article 44 (deemed marine licence).

(2) For such of the licensed activities that involve the construction, alteration or improvement of works in or over the sea or on or under the sea bed, the conditions apply to any person who for the time being owns, occupies or enjoys any use of the licensed activity.

(3) This licence is for 6 years from the date of coming into force of this Order whereby—

(a) the construction and capital dredge activities are carried out within the first 3 years; and

(b) maintenance dredging is permitted within the second 3 years.

15.—(1) No licensed activities are to be carried out until 4 weeks after a marine environmental management and mitigation plan has been supplied to the MMO, Natural England and the Environment Agency in accordance with paragraph 19(2) of Schedule 11 (requirements).

(2) Before commencing any licensed activities, the licence holder must consult the harbour master, C.RO, E.ON and Centrica on the contents of the marine environmental management and monitoring plan in relation to those elements of the maintenance dredging licensed under paragraph 12 that may affect those parties’ interests.

(3) The licence holder must have regard to any consultation responses received from the harbour master, C.RO, E.ON and Centrica.

16.  No licensed activity is to be carried out until 4 weeks after a vessel movement management plan has been agreed in writing by the MMO, and the licensed activities must be carried out in accordance with the vessel movement management plan.

17.  The MMO must be notified by the licence holder at least 10 working days before the commencement of any licensed activity of its acceptance of the provisions of this Schedule and that the undertaker and any agents or contractors employed by it to carry out the licensed activities have knowledge of the provisions of this Schedule.

18.  The licence holder must ensure that the MMO District Marine Office is notified of the timetable of works and operations at least 10 days prior to the commencement of any licensed activity.

19.  The MMO must be notified by the licence holder in writing of any agents, contractors or sub-contractors that will be carrying out any licensed activity on behalf of the licence holder at least 4 weeks before the commencement of the licensed activity.

20.  The licence holder must ensure that a copy of this Schedule and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will be carrying out any licensed activity on behalf of the licence holder.

21.  The licence holder must ensure that the names of vessels are provided to the MMO and agreed in writing at least 4 weeks prior to the commencement of works, such notification setting out—

(a) the vessel type;

(b) the vessel International Maritime Organization (IMO) number; and

(c) the vessel owner or operating company.

22.  The licence holder must ensure that a copy of this Schedule and any subsequent revisions or amendments has been provided to, read and understood by the master of any vessel being used to undertake any licensed activity, and that a copy of this Schedule is held on board any such vessel.

23.  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.

Project wide conditions

24.  The works must be carried out in accordance with a works schedule to be agreed in writing between the licence holder and the MMO prior to the commencement of the works, and any changes to the works schedule are also to be agreed in writing with the MMO.

25.—(1) The following dependencies apply to the licensed activities in paragraphs 4 to 12.

(2) If the licence holder carries out any of the activities licensed under paragraph 4 (construction of the quay), then it must:

(a) carry out the activity licensed under paragraph 8 (compensation site creation) in the June following the creation of the compensation site, which in turn must be done during the first earthworks season following the commencement of the activity licensed under paragraph 4;

(b) carry out the activity licensed under paragraph 7 (pumping station);

(c) carry out the activity licensed under paragraph 12(1)(d) (the E.ON outfall maintenance dredging) unless agreed in writing with E.ON; and

(d) carry out the activity licensed under paragraph 12(1)(e) (the Centrica outfall maintenance dredging) unless agreed in writing with Centrica.

(3) If the licence holder carries out the activity licensed under paragraph 11(1)(b) (berthing pocket capital dredging) then it must carry out the activity licensed under paragraph 6 (berthing pocket infill) but must not undertake maintenance dredging below the level of -11 metres Chart Datum.

26.  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.

27.—(1) The licence holder must only work and access the works site within a defined and marked out area so as to limit personnel and plant access to the site.

(2) Co-ordinates (in WGS84) and plan diagrams of the work area and access routes must be submitted to the MMO at least 4 weeks prior to the commencement of works.

(3) The written approval of the co-ordinates and plan diagrams by the MMO is required prior to works commencing.

28.  The licence holder must ensure that during the works all wastes are stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.

29.  The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 6 weeks of completion of the works.

30.—(1) The licence holder must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment.

(2) Concrete and cement mixing and washing areas should be contained and sited at least 10 metres from any watercourse or surface water drain to minimise the risk of run off entering a watercourse.

31.—(1) Prior to any works commencing below the level of Mean High Water Springs, the licence holder must submit detailed method statements to the MMO for approval for each stage of works at least 4 weeks prior to the commencement of works.

(2) All works must be undertaken in accordance with agreed and approved method statements.

32.  The licence holder must install bunding and storage facilities to contain and prevent the release into the marine environment of fuel, oils and chemicals associated with plant, refuelling and construction equipment, ensuring that secondary containment is used with a capacity of not less than 110% of any container’s storage capacity.

33.—(1) The licence holder must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO Marine Pollution Response Team: 0870 785 1050 (office hours), 07770 977 825 (outside office hours) and [e-mail] or such replacement numbers or email address notified to the licence holder by the MMO in writing.

34.  The licence holder must ensure that a Notice to Mariners is issued at least 10 days prior to works commencing warning of the start date for the construction of the works and updated as appropriate.

35.  The licence holder must ensure that all materials used in construction of any part of the development (including the compensation site) are suitable and approved for use within the marine environment.

36.—(1) The licence holder must ensure that a protocol for archaeological discoveries (PAD) is in place before works commence for the reporting of unexpected remains made during construction activities. This protocol must draw upon the format outlined in the BMAPA/English Heritage (2005), COWRIE (2007) and the Crown Estate (2010) guidelines.

(2) This protocol must be submitted to the MMO at least 4 weeks prior to the commencement of works.

Piling conditions

37.—(1) No operations consisting of piling are to commence until a piling method statement has been submitted to and agreed in writing by the MMO, following consultation with the Environment Agency and Natural England, such statement to include the following—

(a) the use of pile pads and pile shrouds at all times;

(b) the maximum pile diameter to be 2.1 metres unless otherwise agreed in writing by the MMO, following consultation with Natural England and the Environment Agency;

(c) soft start procedures to be followed to include a requirement for a soft start of at least 180 seconds for percussive piling of marine piles;

(d) marine mammal observation (within 100 metres of the pile being driven) and the cessation of piling while any marine mammals are within this zone;

(e) implementation of an active monitoring scheme under paragraph 39; and

(f) details of the anticipated spread of piling activity throughout a working day.

(2) Percussive piling must only be carried out in accordance with the relevant piling method statement.

38.  No operations consisting of piling are to commence until a cold weather piling restriction strategy is submitted and agreed with the MMO, following consultation with Natural England, such strategy to include—

(a) a requirement for temporary cessation of percussive piling (other than to finish driving any pile that is in the process of being driven at the point of imposition of the temporary cessation) following 7 consecutive days of zero or sub-zero temperatures (such “freezing days” to be fully defined in the strategy);

(b) the establishment of 3 temperature monitoring points within the Humber Estuary;

(c) provision for the restriction on piling to be lifted on a probationary basis after 24 hours of above freezing temperatures if Meteorological Office forecasts indicate that freezing conditions will not return for the next 5 days (“the probationary period”) on the proviso that if any day within the probationary period is a freezing day the restriction on piling will be imposed at the end of that day; and

(d) provision for the restriction on piling to be lifted entirely on expiry of the probationary period if none of the days in that period are freezing days (until such a time as the conditions in paragraph (a) are met).

(2) Percussive piling must only be carried out in accordance with the cold weather piling restriction strategy.

39.—(1) No development is to be commenced until an active monitoring scheme has been submitted to and agreed in writing by the MMO, following consultation with the harbour master, Environment Agency and Natural England, such scheme to include the following details—

(a) the location of active monitoring buoys and the depth and design of sensors;

(b) the frequency of measurement of temperature and dissolved oxygen;

(c) 24 hours a day, 7 days a week monitoring of noise;

(d) when monitoring is to commence and cease, to include a 2-week period of pre- and post-construction monitoring to establish baseline conditions and the return to baseline conditions respectively;

(e) a log of the number and approximate locations of piling rigs that are in operation on any given day; and

(f) details of how the monitored information will be accessed by or communicated to the site contractor, the harbour master, MMO, the Environment Agency and Natural England as necessary.

(2) The development must be carried out in accordance with the relevant active monitoring scheme.

(3) No percussive piling is to take place while the data from the relevant active monitoring scheme shows either the temperature to be above 21.5 degrees Celsius or dissolved oxygen to be below 5 milligrams per litre, or both.

40.  No percussive piling is to take place between 7th April and 1st June inclusive in any calendar year.

41.—(1) Percussive piling is to be restricted at other times as follows:—

(a) from 2nd June to 22nd July inclusive in any year, the maximum amount of percussive piling permitted within any 4-week period must not exceed—

(i) 101 hours where a single piling rig is in operation; or

(ii) a total of 168 hours where two or more rigs are in operation;

(b) from 23rd July to 10th September inclusive in any year, the maximum amount of percussive piling permitted within any week-long period must not exceed—

(i) 25 hours where a single piling rig is in operation; or

(ii) a total of 42 hours where 2 or more rigs are in operation;

(c) from 11th September to 31st October inclusive in any year, the maximum amount of percussive piling permitted within any 4-week period must not exceed—

(i) 134 hours where a single piling rig is in operation, or

(ii) a total of 224 hours where 2 or more rigs are in operation;

(d) from 1st November in any year to 6th April in the following year inclusive, the maximum amount of percussive piling permitted within any eight-week period must not exceed—

(i) 336 hours where a single piling rig is in operation; or

(ii) a total of 560 hours where 2 or more rigs are in operation.

(2) The measurement of time during each work-block must begin at the start of each timeframe, roll throughout it, then cease at the end, where measurement will begin again at the start of the next timeframe, such process to be repeated until the end of piling works.

42.  No percussive piling is to take place before 0600 hours or after 2200 hours on any day.

43.  The maximum diameter of marine piles is to be 2.1 metres unless otherwise agreed in writing with the MMO, following consultation with the harbour master, Natural England and the Environment Agency.

General dredging and disposal conditions

44.  Conditions 32 to 69 apply to licensed activities consisting of dredging and disposal.

45.—(1) The licence holder must agree a dredge and disposal strategy with the MMO at least 4 weeks before the commencement of any licensed activities.

(2) All dredging and disposal activities must be carried out in accordance with the dredge and disposal strategy.

46.  The licence holder must ensure that—

(a) as a result of the capital dredging activities referred to in paragraph 11:

(i) no inerodible material and no more than 2,218,000 tonnes of erodible material site is disposed to site HU080; and

(ii) no erodible material and no more than 1,000,000 tonnes of inerodible material is disposed of to site HU082; and

(b) as a result of the maintenance dredging activities referred to in paragraph 12 no inerodible material and no more than 1,180,100 tonnes of erodible material per year is disposed to site HU080.

47.—(1) The licence holder must ensure that certified returns of quantities of dredged material deposited under this licence are submitted to the MMO by 31st January (for the months August to January inclusive) and 31st July (for the months February to July inclusive) each year.

(2) The returns must specify the full licence number and amounts deposited (in tonnes) each calendar month at each authorised deposit area.

(3) Where no deposit is made in a given period a NIL return is required.

(4) The disposal method used must also be submitted with the returns.

48.—(1) The licence holder must ensure that dredged material is passed through grid screens no larger than 30 centimetres to minimise the amount of man-made materials disposed of at sea.

(2) Any man-made material must be separated from the dredged material and disposed of to land.

49.  Should disposal of material be found to be the cause of any detrimental effects to the disposal site then disposal must cease with immediate effect.

Capital dredging and disposal conditions

50.  The licence holder must ensure that during the course of disposal, non-erodible material is placed in the depressions of HU082, and that the site is filled to a gradient in keeping with the surrounding bathymetry and ensure that no depths within the disposal site are reduced to less than 5.3 metres below admiralty Chart Datum at its shallowest point.

51.  The licence holder must undertake regular bathymetric surveys to ensure that the disposal of dredged material at site HU082 has been undertaken in line with the requirements of this licence.

52.—(1) The licence holder must ensure that no gravel is disposed of to HU080 until sampling of the existing seabed has been undertaken and an assessment made which demonstrates that disposal of gravel to the site is acceptable.

(2) The assessment must be submitted to and agreed by the MMO, prior to disposal activity being undertaken.

(3) If following the assessment gravel is found not to be suitable to disposal to site HU080 the gravel material must be reused or disposed of elsewhere.

53.  The licence holder must ensure that during the course of disposal, material is distributed evenly over disposal site HU080.

54.—(1) The licence holder must employ methods to minimise resuspension of sediment during the construction and dredging operations.

(2) The methodology must be submitted to the MMO at least 4 weeks prior to the commencement of the works.

(3) Written approval by the MMO is required prior to works commencing.

Maintenance dredging and disposal conditions

55.—(1) The licence holder must undertake sampling and chemical analysis for contaminated sediments within the 6 months prior to the commencement of any maintenance dredge and disposal operation to ensure the material is still suitable for sea disposal.

(2) The Licence Holder must consult the MMO on the sampling plan and methodology for chemical analysis prior to sampling and analysis being undertaken.

(3) No disposal at sea can take place without the approval of the MMO.

56.  The licence holder must ensure that during the course of disposal, material is distributed evenly over disposal site HU080.

57.—(1) The licence holder must monitor disposal site HU080 to ensure that the material is dispersing as predicted.

(2) A Monitoring Plan must be agreed in writing with the MMO at least 4 weeks prior to the commencement of works.

(3) The monitoring must be carried out in accordance with the Monitoring Plan agreed.

58.—(1) The licence holder must notify the Conservancy Authority of the need to update the Humber Maintenance Dredge Protocol and Water Framework Directive Compliance Baseline Document 2011 or any document replacing it (“the baseline document”), to incorporate the dredging and disposal of dredged material consented.

(2) The updated baseline document must be submitted with any subsequent application made to the MMO for maintenance dredging activities.

59.  The berthing pocket must be maintained to no deeper than -11.0m CD to ensure that no gravel infill material migrates from the berthing pocket or is dredged and disposed of to unsuitable disposal grounds.

60.—(1) The licence holder must employ methods to minimise resuspension of sediment during dredging operations.

(2) The methodology must be submitted to the MMO at least 4 weeks prior to the commencement of the maintenance dredge.

(3) Written approval by the MMO to the methodology is required prior to the maintenance dredge commencing.

Placement of rock and gravel materials below mean high water springs

61.—(1) Any rock or gravel material to be placed within the marine environment must be from a recognised source agreed by the MMO.

(2) Details of such information must be provided to the MMO at least 4 weeks prior to the commencement of works.

62.  Any rock armour surplus to that specified in paragraph 4(1)(b) must be returned to land.

63.  Any rock or gravel surplus to that specified in paragraph 6 must be returned to land.

64.—(1) The licence holder must ensure that a full method statement and location of the transhipment area and barge approach routes is submitted to the MMO at least 4 weeks prior to the commencement of works.

(2) Written approval by the MMO is required prior to works commencing.

65.  The licence holder must ensure that pre-works and post-works trawl surveys are conducted within any transhipment area and barge approach routes, or Fisheries Liaison Officers are employed on the transhipping vessel to observe all transhipment operations and record any losses.

66.—(1) The licence holder must ensure that any vessels used for rock and gravel transhipment or delivery operations are suitably constructed and loaded to prevent rock and gravel falling over the side by accident.

(2) Suitable screening must be used to prevent rock and gravel loss through drainage holes.

67.  The licence holder must ensure that sea-going tug or tugs capable of towing the barge in a loaded condition can be made available within a 12 hour period to tow the barge to sheltered waters in adverse weather conditions.

68.  Subject to paragraph 69, the licence holder must ensure that any rock misplaced or lost below mean high water springs is reported to the MMO District Marine Office within 48 hours, and located and recovered.

69.  Any rock that is misplaced or lost below mean high water springs and cannot be recovered must be located and its position notified to the MMO within 48 hours.