10.—(1) Where any construction activity involving piling is carried out within the River, the licence holder must comply with the requirements set out in sub-paragraphs (2) to (7).
(2) No construction activity involving piling is to be carried out within the River during the period beginning 1 February and ending on 30 April, unless the MMO has confirmed in writing its satisfaction that such piling activity within that period would not lead to significant adverse effects to the spawning of smelt (osmerus eperlanus), having regard to the relevant construction method statement approved for that piling activity in accordance with condition 5.
(3) No construction activity involving piling is to be carried out within the River at any time after 19:00 or at any time before 07:00, unless the MMO has confirmed in writing its satisfaction that such piling activity conducted outside of the authorised hours would not lead to significant adverse effects to European eels (anguila anguila), having regard to the relevant construction method statement approved for that piling activity in accordance with condition 5.
(4) Vibro piling techniques are to be used as standard, with impact piling only used if required to drive a pile to its design depth.
(5) Where impact piling is necessary, soft-start procedures are to be used to ensure incremental increase in pile power, over a period of not less than 20 minutes, until full operational piling power is achieved.
(6) Sufficient break periods in piling activities must be provided (with a minimum of one break per day, lasting at least one hour in duration) to allow fish to pass through the affected area.
(7) Where impact piling ceases for a period longer than 10 minutes, the soft-start procedure must be repeated.
Commencement Information
I1Sch. 13 para. 10 in force at 15.10.2020, see art. 1