The Great Yarmouth Third River Crossing Development Consent Order 2020

PART 2 E+W+S CONDITIONS

Notification of commencement and completion of licensed activities E+W+S

4.—(1) The licence holder must—

(a) notify the MMO local office of the commencement of the first instance of any licensed activity at least 5 working days prior to the commencement of that licensed activity;

(b) notify the MMO local office of the completion of the licensed activities within 10 working days of such completion; and

(c) notify the Source Data Receipt team, UK Hydrographic Office, Taunton, Somerset, TA1 2DN (email: [e-mail]) of the completion of the licensed activities within 2 weeks of the date of completion of the licensed activities;

(d) send a copy of the notification required under sub-paragraph (c) to the MMO Marine Licensing Team within 1 week of issue; and

(e) ensure that a notice to mariners is issued at least 10 working days prior to the commencement of the licensed activities, or any part of them, advising of the start date and the expected vessel routes from the local construction ports to the relevant location.

(2) Except in case of emergency, the licence holder must notify the MMO local office of the date of commencement and anticipated duration of any temporary closure of any part of the river Yare under the powers conferred by article 23(2) or (4) (temporary suspension of navigation in connection with the authorised development) of the Order at least 10 working days prior to any such temporary closure.

(3) In sub-paragraph (2) “emergency” has the meaning given to it by article 23(11) of the Order.

Commencement Information

I1 Sch. 13 para. 4 in force at 15.10.2020, see art. 1

Construction method statement E+W+S

5.—(1) The licence holder must submit a construction method statement, for approval by the MMO, at least 13 weeks prior to the commencement of any construction activity.

(2) The construction method statement must include the following details—

(a) the detailed construction methodology to be employed by the licence holder in carrying out the construction activity; and

(b) a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works.

(3) The licence holder must not commence the construction activity until the MMO has approved in writing the submitted construction method statement.

(4) The construction activity must be carried out in accordance with the approved construction method statement, unless otherwise agreed in writing by the MMO.

Commencement Information

I2 Sch. 13 para. 5 in force at 15.10.2020, see art. 1

Noise registry E+W+S

6.  Where impact piling is required as part of a construction method statement approved by the MMO under condition 5, the licence holder must—

(a) prior to the commencement of a licensed activity in the river Yare which involves impact pile driving—

(i) submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the forward look requirements of the Marine Noise Registry; and

(ii) send copies of the notifications required under sub-paragraph (i) to the MMO Marine Licensing Team within 5 days of the date of submission of the details required under sub-paragraph (i); and

(b) within 12 weeks of completion of a licensed activity in the river Yare which involves impact pile driving—

(i) submit details of the actual location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the close out requirements of the Marine Noise Registry; and

(ii) send copies of the notifications required under sub-paragraph (i) within 5 days of the date of submission of the details required under sub-paragraph (i).

Commencement Information

I3 Sch. 13 para. 6 in force at 15.10.2020, see art. 1

Cofferdam dewatering and excavation method statement E+W+S

7.—(1) The licence holder must submit a method statement for the dewatering and excavation of the in-river cofferdams forming parts of the construction activities described at paragraph 3(2)(a)(v), (2)(b)(ii) and (2)(f)(v) of this licence, for approval by the MMO, at least 13 weeks prior to the commencement of any such cofferdam dewatering and excavation construction activity.

(2) The cofferdam dewatering and excavation method statement must include the following details in respect of the cofferdam dewatering and excavation construction activity—

(a) the detailed dewatering methodology to be employed;

(b) the detailed methodology for the excavation and subsequent management of the solid material removed;

(c) a programme of works including anticipated timings, durations and plant to be used; and

(d) provision that no excavated materials are to be disposed of at sea or in other waters otherwise than in accordance with a marine licence.

(3) The licence holder must not commence a cofferdam dewatering and excavation construction activity until the MMO has approved in writing the submitted cofferdam dewatering and excavation method statement for that cofferdam dewatering and excavation construction activity.

(4) Any cofferdam dewatering and excavation construction must be carried out in accordance with the relevant approved cofferdam dewatering and excavation construction activity method statement, unless otherwise agreed in writing by the MMO.

Commencement Information

I4 Sch. 13 para. 7 in force at 15.10.2020, see art. 1

Vessels E+W+S

8.—(1) The licence holder must notify the MMO Marine Licensing Team of any vessel being used to carry on any licensed activities on behalf of the licence holder.

(2) A notification under sub-paragraph (1) must—

(a) be received by the MMO Marine Licensing Team no less than 24 hours before the commencement of the relevant licensed activity;

(b) include the name of the master of the vessel, the vessel type, the vessel IMO number and details of the vessel owner or operating company.

(3) The licence holder must ensure that a copy of this licence and any subsequent revisions or amendments have been read and understood by the master of any vessel being used to carry on any licensed activities, and that a copy of this licence is held on board any such vessel.

Commencement Information

I5 Sch. 13 para. 8 in force at 15.10.2020, see art. 1

Marine pollution contingency plan E+W+S

9.—(1) The licence holder must submit a marine pollution contingency plan, for approval by the MMO, at least 13 weeks prior to the commencement of the first licensed activity, including any construction activity.

(2) The marine pollution contingency plan must set out the licence holder's assessment of the likely risks which could arise as a result of a spill or collision during the carrying out of the licensed activities and the methods and procedures the licence holder intends to put in place to address those risks.

(3) The licence holder must not commence the licensed activities until the MMO has approved in writing the submitted marine pollution contingency plan.

(4) The licensed activities must be carried out in accordance with the approved marine pollution contingency plan, unless otherwise agreed in writing by the MMO.

Commencement Information

I6 Sch. 13 para. 9 in force at 15.10.2020, see art. 1

Piling techniques E+W+S

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

I7 Sch. 13 para. 10 in force at 15.10.2020, see art. 1

Concrete and cement E+W+S

11.—(1) The licence holder must not discharge, intentionally or unintentionally, waste concrete, slurry or wash water from concrete or cement works into the River. The licence holder must contain and site concrete and cement mixing and washing areas at least 10 metres from any watercourse or surface water drains to minimise the risk of run off entering the River.

(2) If concrete is to be sprayed, suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the water environment.

(3) Rebounded concrete material must be cleared away before protective sheeting is removed.

Commencement Information

I8 Sch. 13 para. 11 in force at 15.10.2020, see art. 1

Coatings and treatments E+W+S

12.  The licence holder must ensure that any coatings and any treatments are suitable for use in the marine environment and are used in accordance with guidelines approved—

(a) by the Health and Safety Executive;

(b) by the Environment Agency; or

(c) by both of the foregoing bodies.

Commencement Information

I9 Sch. 13 para. 12 in force at 15.10.2020, see art. 1

Spills, etc. E+W+S

13.  The licence holder must—

(a) store, handle, transport and use fuels, oils, chemicals and other substances so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers;

(b) report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team within 12 hours of the spill occurring; and

(c) store all waste in designated areas that are isolated from surface water drains and open water and are bunded to contain any spillage.

Commencement Information

I10 Sch. 13 para. 13 in force at 15.10.2020, see art. 1

Dropped objects E+W+S

14.  All dropped objects must be reported to the MMO Marine Licensing Team using the Dropped Object Procedure Form (or such substitute notification procedure communicated in writing to the licence holder by the MMO) as soon as reasonably practicable and in any event within 24 hours of the licence holder becoming aware of an incident. On receipt of the Dropped Object Procedure Form or substitute notification, the MMO may require relevant surveys to be carried out by the licence holder (such as side-scan sonar), and the MMO may require obstructions to be removed from the seabed at the licence holder's expense, if reasonable to do so.

Commencement Information

I11 Sch. 13 para. 14 in force at 15.10.2020, see art. 1

Post construction E+W+S

15.  The licence holder must remove all equipment, temporary structures, waste and debris associated with the construction activities within the River within 4 weeks of completion of the final construction activity.

Commencement Information

I12 Sch. 13 para. 15 in force at 15.10.2020, see art. 1