8.—(1) The undertaker must not construct or install those licensable activities comprised in Work Nos. 3A and 3B in the Inter-tidal Area—
(a)between 1st October and 31st March (inclusive); and
(b)the period of time commencing two hours before High Tide and ending two hours after High Tide between 1st April and 14th April (inclusive), unless otherwise approved by the MMO, in consultation with Natural England.
(2) Those licensable activities comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must—
(a)only be undertaken by means of horizontal directional drilling from construction working sites located west of point XX and/or east of point YY;
(b)comprise a horizontal directional drilling entry/exit point no less than 50 metres west of point XX on the works plans; and
(c)not involve the placing or transportation of any plant, apparatus, cables, cable ducts or any other materials required for the carrying out of the connection works on or over that land, provided that the undertaker may place or transport (by hand and on foot only) such equipment and/or means of enclosure, on or over that land, as may be required to—
(i)contain and/or remove fluid used in the horizontal directional drilling process including the placing of hoses along the northern Order limit between points XX and YY shown on the works plans for Work No. 3B as approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order; and
(ii)mitigate the horizontal directional drilling process in accordance with environmental management and monitoring plan approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order.
(3) The connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must not be commenced until an environmental management and monitoring plan has been approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order. The environmental management and monitoring plan must be submitted for approval at least four months prior to the commencement of those connection works, or within such other timescale as agreed pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order.
(4) The environmental management and monitoring plan must include details of the location, method and timing of surveys of the land within the Order limits between points XX and YY shown on the works plans to—
(a)establish the pre-construction baseline condition of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location; and
(b)record within a five year period following completion of construction the ecological recovery of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location and, if applicable, any receptor site to which the Lycia zonaria britannica (Belted Beauty Moth) has been translocated.
(5) The environmental management and monitoring plan must include details of the methodology for undertaking the connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans by horizontal directional drilling, and mitigation measures relating thereto, including—
(a)details of the equipment required to contain and/or remove fluid used in the horizontal directional drilling process;
(b)details of means of enclosure to be deployed (if any);
(c)the use of a drill bit of no less than 12.25 inches;
(d)the use of a real time downhole annular pressure monitor;
(e)details of how the length of each drill path will be minimised;
(f)details of the training of personnel to be employed in relation to the horizontal directional drilling and/or mitigation measures;
(g)the employment of an Ecological Clerk of Works and scope of duties relating to that role;
(h)details of how the number of trips made between points XX and YY shown on the works plans will be minimised;
(i)details of the methodology and location of suitable receptor sites associated with the translocation of the Lycia zonaria britannica (Belted Beauty Moth), should such translocation be required by the relevant planning authority, having consulted with Natural England and the MMO;
(j)details of the methodology for preventing birds from nesting above the alignment of each horizontal directional drill, such methodology may include visual and/or sound deterrents, and/or physical barriers; and
(k)details of how the connection works will be maintained (if applicable).
(6) The environmental management and monitoring plan must be implemented as approved, unless otherwise approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order, and provided that the undertaker shall not be required to carry out the post-construction monitoring of the ecological recovery of the saltmarsh in sub-paragraph (4)(b) in the event that no fluid used in the horizontal directional drilling process is released into the saltmarsh between points XX and YY shown on the works plans.
Commencement Information
I1Sch. 10 Pt. 2 para. 8 in force at 28.11.2014, see art. 1