The Kentish Flats Extension Order 2013

Pre-construction plans and documentation E+W+S

9.—(1) The licensed activities shall not commence until the following have been submitted to and approved in writing by the MMO. Except where otherwise stated or with the prior written approval of the MMO these documents must be submitted to the MMO for approval at least 4 months prior to the commencement of works—

(a) a construction and monitoring programme to include details of—

(i) the proposed construction start date;

(ii) timings for mobilisation of plant, delivery of materials and installation works; and

(iii) the methodologies and timings for preparing and submitting survey specifications, data collection and analysis and submission of reports and the provision of this information to the MMO, Cefas and Natural England in accordance with licence conditions 12 to 14. This must be submitted 4 months prior to the start of any related survey works;

(b) the scope of the fish and shellfish surveys required by licence conditions 12(3)(d) and 14(d) which shall only be agreed by the MMO, following consultation with Cefas and the Fisheries Liaison Officer;

(c) the plans required under paragraphs (g) and (i) which shall only be agreed by the MMO following consultation with the MCA, the PLA and Trinity House;

(d) where compliance with the construction and monitoring programme agreed under paragraph (a) is not possible, the undertaker must notify the MMO in writing and submit a revised programme for approval. In circumstances where the revised programme affects other plans or documents agreed by the MMO under this paragraph the MMO may require construction works to cease until the revised programme has been approved;

(e) a construction method statement in accordance with the project design statement and environmental statement and including details of—

(i) foundation installation, including drilling methods;

(ii) turbine installation, including any scour protection;

(iii) cable installation, including cable landfall;

(iv) contractors;

(v) vessels; and

(vi) associated works;

(f) a project environmental management plan to include details of—

(i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised development in relation to all activities carried out below mean high water level;

(ii) a chemical risk analysis to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(iii) waste management and disposal arrangements;

(iv) the appointment and responsibilities of any officers required in connection with the carrying out of the licensed activities;

(v) any seasonal restriction on construction works; and

(vi) locations of any archaeological exclusion zones agreed as part of the written scheme of investigation approved under paragraph (j) of this licence condition;

(g) a scour protection management and cable armouring plan providing details of the need, type, sources, quantity and installation methods for scour protection and cable armoury;

(h) only where driven or drilled pile foundations are used, a marine mammal mitigation protocol to include—

(i) identification of a marine mammal monitoring zone;

(ii) appointment of marine mammal observer(s);

(iii) proposals for the detection of marine mammals (visually and acoustically) within the marine mammal monitoring zone to be undertaken prior to the commencement of piling;

(iv) reporting methodology; and

(v) description of approved soft-start procedure to be used on commencement of piling;

(i) cable specification and installation plan, to include—

(i) technical specification of off-shore cables, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice;

(ii) a detailed cable laying plan, including geotechnical data and cable laying techniques;

(iii) provision that the depth of navigable water be maintained as far as reasonably practicable at a minimum of the depth stated upon the relevant Hydrographic Office charts current at the date the Order is made; and

(iv) provision to ensure that as far as reasonably practicable no hazard to navigation is created as a result of cable installation and protection works undertaken either during construction or during subsequent maintenance;

(j) a written scheme of archaeological investigation in accordance with industry good practice to include—

(i) details of responsibilities of the undertaker, archaeological consultant and contractor;

(ii) a methodology for any site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii) analysis and reporting of survey data to be submitted to the MMO within 3 months of survey completion and shall be agreed in writing with the MMO following consultation with English Heritage;

(iv) delivery of any mitigation including, where necessary, archaeological exclusion zones;

(v) monitoring during and post construction, including a conservation programme for finds;

(vi) archiving of archaeological material with a public archive in accordance with the Online AccesS to the Index of archaeological investigationS (OASIS) system; and

(vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development.

(2) The undertaker shall comply with the plans and documentation approved under this licence condition in carrying out the licensed activities unless otherwise agreed in writing by the MMO.

Commencement Information

I1 Sch. 2 para. 9 in force at 20.2.2013, see art. 1