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.