15.—(1) The undertaker must, in discharging Condition 8(2)(a), submit details for written approval by the MMO in consultation with the relevant statutory nature conservation body of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in general accordance with the principles set out in the in-principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.
(2) Subject to receipt of specific proposals, so far as applicable, the post-construction surveys must comprise, in outline—
(a)any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with Condition 8(2)(k);
(b)a high-resolution swath bathymetric survey of the following to assess any changes in bedform morphology—
(i)a representative sample area, as may be agreed in writing with the MMO, of the parts of the wind farm area within which construction works and disposal activities were carried out under this licence, and such further monitoring as may be required to ensure that the cables have been buried or protected; and
(ii)an area not to exceed 125% of the predicted scour area around a selection of turbines, such selection to be based on the desk-based assessment;
(c)a survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance (including Annex 1 habitats) identified in the pre-construction survey in the parts of the wind farm area in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;
(d)any marine mammal monitoring required by the plan for marine mammal monitoring submitted in accordance with Condition 8(2)(h); and
(e)vessel traffic monitoring by automatic identification system, for 28 days taking account seasonal variations in traffic patterns, for a maximum duration of 1 year post-construction. A report must be submitted to the MMO and the MCA at the end of the first year after construction is completed.
(3) The undertaker must carry out the surveys agreed under paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation body.
(4) Before carrying out the survey required under paragraph (2)(b), the undertaker must submit to the MMO for written approval a desk-based assessment (which takes account of all factors which influence scour) identifying the turbines with greatest potential for scour. The survey must be used to validate the desk-based assessment, and the significance of any differences between the predicted scour and recorded scour must be assessed in the survey report which must be submitted to the MMO. The need for further surveys must be agreed in writing with the MMO following submission of the first year of survey data.
Commencement Information
I1Sch. 10 para. 15 in force at 7.9.2016, see art. 1(2)