Marine Management Organisation Marine Licence 1 Introduction

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Licence number: L/2017/00223/1 Case ref: MLA/2015/00215 Page 1 of 24 Marine Management Organisation Marine Licence 1 Introduction This is a licence granted by the Marine Management Organisation on behalf of the Secretary of State to authorise the licence holder to carry on activities for which a licence is required under Part 4 of the Marine and Coastal Access Act 2009. 1.1 Licence number The licence number for this licence is L/2017/00223/1 1.2 Licence holder The licence holder is the person or organisation set out below: Name / company name Defence Infrastructure Organisation (DIO) Company registration number (if applicable) Address 1st Floor, Zone 1, Ramillies Bldg, Marlborough Lines, Monxton Rd, Andover, SP11 8HJ Contact within company Mr Malcolm Ives Position within company (if applicable). State if company officer or director Dep Hd PPD (South) Projects and Programme Delivery 1.3 Licence date Version 1 Licence start date 07 July 2017 Licence end date 31 December 2021 Date of original issue 07 July 2017 1.4 Licence validity This version of this licence is valid from the licence start date to the licence end date.

Transcript of Marine Management Organisation Marine Licence 1 Introduction

Licence number: L/2017/00223/1

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Marine Management Organisation Marine Licence

1 Introduction

This is a licence granted by the Marine Management Organisation on behalf of theSecretary of State to authorise the licence holder to carry on activities for which alicence is required under Part 4 of the Marine and Coastal Access Act 2009.

1.1 Licence number

The licence number for this licence is L/2017/00223/1

1.2 Licence holder

The licence holder is the person or organisation set out below:

Name / companyname

Defence Infrastructure Organisation (DIO)

Company registrationnumber (if applicable)

Address 1st Floor, Zone 1, Ramillies Bldg, Marlborough Lines,Monxton Rd, Andover, SP11 8HJ

Contact withincompany

Mr Malcolm Ives

Position withincompany (ifapplicable). State ifcompany officer ordirector

Dep Hd PPD (South) Projects and Programme Delivery

1.3 Licence dateVersion 1

Licence start date 07 July 2017

Licence end date 31 December 2021

Date of original issue 07 July 2017

1.4 Licence validity

This version of this licence is valid from the licence start date to the licence end date.

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This version of this licence supersedes any earlier version of this licence. Anyactivity commenced under a previous version of this licence and which is also alicensed activity authorised by section 4 of this version of this licence may continuein accordance with the licence conditions in section 5 of this version of this licence.SIGN_FIELD_1 SIGN_FIELD_1

SIGN_FIELD_1 SIGN_FIELD_1

Miss Morwenna See+44 (0)2080 265 [email protected]

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2 General

2.1 Interpretation

In this licence, terms are as defined in section 115 of the Marine and Coastal AccessAct and the Interpretation Act 1978 unless otherwise stated.

- "licensed activity" means any activity set out in section 4 of this licence.- "licence holder" means the person(s) or organisation(s) named in section 1

above to whom this licence is granted.- "MMO" means the Marine Management Organisation.- "mean high water springs" means the average of high water heights occurring

at the time of spring tides.- "sea bed" or "seabed" means the ground under the sea.- "the 2009 Act" means the Marine and Coastal Access Act 2009.- All times shall be taken to be the time on any given day.- All geographical co-ordinates contained within this licence are in WGS84

format (latitude and longitude degrees and minutes to three decimal places)unless stated otherwise.

2.2 Contacts

Except where otherwise indicated, the main point of contact with the MMO and theaddress for email and postal returns and correspondence shall be:

Marine Management OrganisationLancaster HouseHampshire CourtNewcastle upon TyneNE4 7YHTel:0300 123 1032Fax:0191 376 2681Email:[email protected]

Any references to any local MMO officer shall be the relevant officer in the area(s)located at:

Marine Management OrganisationThe Fish QuaySutton HarbourPlymouthDevonPL4 0LH

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Tel: 01752 228001Fax: 01752 221239Email: [email protected]

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3 Project overview

3.1 Project title

Thanckes Oil Fuel Depot Loading Facility and Tank Farm Fire Fighting Upgrade

3.2 Project description

A new fuel jetty is required to maintain continuity of service at Thanckes Oil Fuel Depot(OFD). The project is to build a new fuel jetty to replace the existing Yonderberry Jetty,demolish the existing jetty and to upgrade the fire-fighting infrastructure on the jettyand the tank farm.

3.3 Related marine licences

None.

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4 Licensed activities

This section sets out the licensed activities. The licensed activities are authorised tobe carried on only in accordance with the activity details below and with the licenceconditions as set out in section 5 of this licence.

Please note that where licensed quantities are displayed with reference to theirconstituent materials, the relative quantities given for the constituent materials areindicative only.

Site 1 - Thanckes Oil Fuel Jetty

Site location Thanckes Oil Fuel Jetty, Torpoint as per co-ordinatelicence schedule 1.

Activity 1.1 - Construction of New Fuel Jetty

Activity type Construction of new works

Activity location Thanckes Oil Fuel Jetty, Torpoint as per co-ordinatelicence schedule 1.

Description The new loading facility will comprise of a new jetty headdirectly adjacent and to the north of the existing jetty headand a new jetty approach structure to the north of theexisting jetty connecting the new jetty head to the shore.

Methodology The new jetty head will comprise piles supporting a newjetty deck, with new fenders to eastern face, new laddersand guard rails. A pontoon will be provided at the rear(west side) of the new jetty head. Six new mooring dolphinswill be constructed with walkways between each andconnecting to the jetty head. A pontoon will be providedalongside one mooring dolphin.

The new jetty approach structure comprises of pilessupporting a pipe rack and walkway.

Drill and Vibropiling

The drill and vibropiling methodology will be as follows:

- Initially press the casing through the soft sedimentsuntil firm ground is encountered.

- Drill inside the casing and oscillate and tap thecasing through the firm ground/weathered slateuntil hard ground is encountered. This may requirelimited hammering, however; the majority will beachieved by oscillating the casing in.

- Either drill through hard ground to form a pilebore into which steel reinforcing is placed andconcreted or drill out and drive the casing as aboveto the required depth in the hard bedrock. This

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may require some limited hammering, however;the majority of the depth will be achieved throughdrilling and oscillating the steel casing into thebedrock.

- All sediment/soil/rock within the casing will bedrilled out.

- All pile arisings will be deposited around sub-tidalpiles only except for within an exclusion zone 30maround MBH08 where potentially contaminatedarisings from sediment will be brought to thesurface and disposed of at an approved suitablelandfill site.

As a result, piles will be within a casing, either down intostrong rock, or down to weathered rock with a columndrilled below into strong rock to provide a rock socket.

The drilling of the piles which will support the jetty willrequire the removal of sediment. The maximum volume ofarisings will be 3,450 cubic metres, of which a maximumof 3,375 cubic metres will be side-cast immediately aroundthe subtidal pile locations only. The remaining materialis considered to be contaminated (30m radius aroundMBH08 between the depths of 3 and 5m) and will becollected and disposed of, or treated, on land.

Percussive Piling

Percussive piling methods may be used to install somepiles. Percussive piling will not take place during the coresensitive period for migratory fish of between 1 April and31 August each year inclusive and will take place onlyduring the hours of 0800 to 1800 inclusive. Soft-startprocedures will be used to ensure incremental increasein pile power over a set time period until full operationalpower is achieved. The soft-start duration must be a periodof not less than 5 minutes. Should piling cease for a periodgreater than 60 minutes, then the soft start procedure mustbe repeated.

Working above Water

The method of jetty construction will include the following:

- Lift and fix in place pre-cast concrete or steel pilecaps and crossbeams, jetty approach bridge units,platforms, jetty mooring and pipeline equipment andoffice facilities.

- Cast in-situ reinforced concrete deck, ducting andfixings for equipment and guardrails.

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- Install cathodic protection system.- Fix linkspans and new pontoons in place.- Fix pipe rack to the approach deck. Install all pipes

and cables onto the rack. Weld pipe lengths at thejetty root and pull the welded pipeline along theapproach jetty length.

- Install all cabling and commission equipment.

Throughout the construction period piles and pre-fabricated structural elements will be transported from thecommercial wharf to site by barge, as required.

Construction Environmental Management Plan

All works will be conducted in accordance witha Construction Environmental Management Plan(CEMP). The CEMP will detail the implementation ofthe environmental impact avoidance, mitigation andenhancement measures as set out in the in theEnvironmental Statement and the relevant PlanningPermission and Marine Licence conditions. The contractorwill be required to comply with current UK industryguidance and best practice.

Programme of works Works will generally be undertaken during normal workinghours (Monday - Friday between the hours of 0800 to1800 and Saturdays 0800 to 1300). It may be necessaryto undertake some works outside these times due to tidalconstraints.

The construction period will run from January 2018 toDecember 2020.

Activity 1.2 - Capital Dredging

Activity type Navigational dredging (capital)

Activity location Thanckes Oil Fuel Jetty, Torpoint as per co-ordinatelicence schedule 1.

Description Capital dredging is required to provide a berth pocketadjacent to the front (east) face of the new jetty head andto provide a navigation channel to the fuel pontoon berthat the rear (west side) of the jetty head.

Quantities

Start date End date Material Quantity (m3)

01/1/2018 31/12/2020 Silt (31.25-62.5um) 15200

31/1/2018 31/12/2020 Cobble (64-256mm) 3800

31/1/2018 31/12/2020 Silt (31.25-62.5um) 16200

31/1/2018 31/12/2020 Cobble (64-256mm) 1800

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Methodology The proposed berth pocket (300m long by 45m wide) willbe maintained at a minimum maintained depth (MMD) of-11.6m Chart Datum (CD) with an approved dredge depth(ADD) of -12.2mCD. The navigation channel will be 40mwide with a MMD of-5.0mCD and ADD of -5.6mCD.

Dredging

The dredging methodology will be as follows:

- Capital dredge the new berth pocket (extension ofthe existing berth pocket) and northern approachchannel using a Trailing Suction Hopper Dredger(TSHD) or barge mounted backhoe (for densematerials).

- Level the dredged seabed with a plough / bedleveller.

The contractor will use methods to minimise sedimentdisturbance.

Construction Environmental Management Plan

All works will be conducted in accordance witha Construction Environmental Management Plan(CEMP). The CEMP will detail the implementation ofthe environmental impact avoidance, mitigation andenhancement measures as set out in the in theEnvironmental Statement and the relevant PlanningPermission and Marine Licence conditions. The contractorwill be required to comply with current UK industryguidance and best practice.

Programme of works Dredging is a 24 hour per day, 7 day per week operation

The dredging period will run from January 2018 toDecember 2020.

Activity 1.3 - Decommissioning of Existing Jetty

Activity type Decommissioning of works

Activity location Thanckes Oil Fuel Jetty, Torpoint as per co-ordinatelicence schedule 1.

Description The existing jetty and mooring dolphins will be demolishedand the piles will be cut off 300mm below the existingseabed. The existing bow and stern moorings and anchorswill be removed. All existing pipework, pumps and sumpswill be drained and flushed and all pipelines, plant andequipment will be removed from the jetty.

Methodology Demolition

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The method of demolition of the existing facility will be asfollows:

- Empty and flush all fuel and sullage pipelines.- Remove all equipment, buildings, tanks, pipework,

etc. to barges for transport to commercial wharf fordisposal/re-cycling.

- Demolish the existing jetty head, approach structureand mooring dolphins by cutting and breakingout the concrete deck and beam elements, usingfloating plant.

- Piles to be cut-off 300mm below final seabed level,using floating plant and remotely operated vehicles(ROVs) or divers.

- Dispose of all materials by appropriate recycle ordisposal method.

The activities include the cutting off piles at the seabed,or below, using hydraulic shearing cutters for concretepiles and either mechanical cutters or water jet cutting forsteel piles. Other plant may include hydraulic breakers,dumpers and plate compactors and machinery may beoperated from marine plant. Noise and vibrations levelsfrom demolition of the existing jetty are expected to belower than piling.

Measures will be put in place to contain all demolitionmaterial and prevent waste materials falling into theestuary.

Construction Environmental Management Plan

All works will be conducted in accordance witha Construction Environmental Management Plan(CEMP). The CEMP will detail the implementation ofthe environmental impact avoidance, mitigation andenhancement measures as set out in the in theEnvironmental Statement and the relevant PlanningPermission and Marine Licence conditions. The contractorwill be required to comply with current UK industryguidance and best practice.

Programme of works Works will generally be undertaken during normal workinghours (Monday - Friday between the hours of 0800 to1800 and Saturdays 0800 to 1300). It may be necessaryto undertake some works outside these times due to tidalconstraints.

The demolition period will run from January 2018 toDecember 2021.

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Site 2 - Plymouth Deep

Site location Plymouth Deep disposal site (PL035).

Activity 2.1 - Disposal of Dredged Material

Activity type Disposal of dredged material

Activity location Plymouth Deep disposal site (PL035), see co-ordinateschedule 2.

Description Disposal of material dredged from the new berth pocketand approach channel for the new Thanckes Oil Fuel Jetty.All dredged material will be disposed at Plymouth Deep.

Quantities

Start date End date Material Amount tobe deposited(dry tonnes)

Amount tobe deposited(wet tonnes)

Source

01/1/2018 31/12/2020 Silt(31.25-62.5um)

45673 50240 ThanckesOil FuelJetty

01/1/2018 31/12/2020 Cobble(64-256mm)

6222 11200 ThanckesOil FuelJetty

Methodology Transport and disposal of dredging arisings at PlymouthDeep licensed disposal site by hopper dredger or split-bottom barge.

Programme of works Disposal of dredging is a 24 hour per day, 7 day per weekoperation.

The disposal period will run from January 2018 toDecember 2020.

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5 Licence conditions

5.1 General conditions

5.1.1 Notification of commencement

The licence holder must notify the MMO prior to the commencement of the firstinstance of any licensed activity. This notice must be received by the MMO no lessthan five working days before the commencement of that licensed activity.

5.1.2 Licence conditions binding other parties

Where provisions under section 71(5) of the 2009 Act apply, all conditions attachedto this licence apply to any person who for the time being owns, occupies or enjoysany use of the licensed activities for which this licence has been granted.

5.1.3 Agents / contractors / sub-contractors

The licence holder must notify the MMO in writing of any agents, contractors or sub-contractors that will carry on any licensed activity listed in section 4 of this licence onbehalf of the licence holder. Such notification must be received by the MMO no lessthan 24 hours before the commencement of the licensed activity.

The licence holder must ensure that a copy of this licence and any subsequentrevisions or amendments has been provided to, read and understood by any agents,contractors or sub-contractors that will carry on any licensed activity listed in section4 of this licence on behalf of the licence holder.

5.1.4 Vessels

The licence holder must notify the MMO in writing of any vessel being used to carryon any licensed activity listed in section 4 of this licence on behalf of the licenceholder. Such notification must be received by the MMO no less than 24 hoursbefore the commencement of the licensed activity. Notification must include themaster's name, vessel type, vessel IMO number and vessel owner or operatingcompany.

The licence holder must ensure that a copy of this licence and any subsequentrevisions or amendments has been read and understood by the masters of anyvessel being used to carry on any licensed activity listed in section 4 of this licence,and that a copy of this licence is held on board any such vessel.

5.1.5 Changes to this licence

Should the licence holder become aware that any of the information on which thegranting of this licence was based has changed or is likely to change, they mustnotify the MMO at the earliest opportunity. Failure to do so may render this licenceinvalid and may lead to enforcement action.

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5.1.6 Licence quantities

Where a licensed activity comprises dredging or the disposal of dredged material, thetotal quantity of material authorised to be dredged or disposed of in any given timeperiod shall be as set out for that licensed activity in section 4 of this licence.

For each time period, the actual quantity dredged or disposed of shall be calculated byadding the quantity of material dredged or disposed of during that time period underthis version of this licence to that dredged or disposed of under any previous versionof this licence that was valid during that time period.

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5.2 Project specific conditions

This section sets out project specific conditions relating to the licensed activities as set out in section 4 of this licence.

Project Specific Conditions

Pre Works

5.2.1 The Licence Holder must submit a copy of a Construction and Environmental Management Plan (CEMP) to the MMO forapproval at least four months prior to the proposed commencement of any phase of construction work.

The scope of the CEMP must document the environmental management requirements, including consideration of themitigation measures detailed in the Environmental Statement, for all parties involved with the project and affected by it,to be agreed with the MMO prior to submission of the CEMP, at least six months prior to the proposed commencementof any phase of construction work.

Activities 1.1, 1.2 and 1.3 of Section 4 of this licence must not commence until such a time as the CEMP has been agreedin writing by the MMO. Activities must be carried out in accordance with the measures agreed in the CEMP.

Reason:To minimise the environmental impacts of the works by ensuring best practices are adopted and suitable mitigationmeasures are adopted.

5.2.2 HM Coastguard (mailto:[email protected]) must be notified prior to commencement of activities. The MMOmust be sent a copy within 7 days of the issue of this notification.

Reason:To ensure HM Coastguard is aware of the activities.

5.2.3 The Licence Holder must ensure that local mariners and fishermen's organisations are made fully aware of the activitythrough local notices to mariners.

The MMO must be sent a copy of the notification within 5 days of issue.

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Reason:To ensure safety of navigation.

5.2.4 The Licence Holder must prepare a Written Scheme of Investigation (WSI) for the archaeological monitoring of dredgingoperations.

The WSI must be submitted to the MMO for approval at least four months prior to the proposed commencement of licensedactivities.

The WSI must include the statement of significance and research objectives, and:

- the programme and methodology of site investigation and recording and the nomination of a competent person(s)or organisation to undertake the agreed works;

- the requirements of the guidance note 'Marine aggregate dredging and the Historic Environment' (BMAPA andEnglish Heritage, 2003), the related 'Protocol for Reporting finds of Archaeological Interest' (BMAPA and EnglishHeritage, 2005) and any subsequent replacements; and

- the programme for post-investigation assessment and subsequent analysis, publication & dissemination anddeposition of resulting material.

Licensed activities must not commence until such a time as the WSI has been agreed in writing by the MMO. Activitiesmust be carried out in accordance with the measures agreed in the WSI.

Reason:To ensure the integrity of archaeologically important items is not compromised.

5.2.5 The licence holder must submit information on the expected location, start and end dates of impact pile driving to theMarine Noise Registry, in order to satisfy the 'Forward Look' requirements of the Registry, prior to the commencementof the licensed activities.

The licence holder must notify the MMO of the successful submission of 'forward look' data within 7 days of the submission.

https://mnr.jncc.gov.uk/

Reason:

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In order to collect the evidence required to support the implementation of the Marine Strategy Framework Directive, underdescriptor 11.

5.2.6 The Licence Holder must notify the United Kingdom Hydrographic Office (UKHO) of the works to permit the promulgation ofMaritime Safety Information (MSI) and updating of nautical charts and publications through the national notices to marinerssystem, at least two months prior to the commencement of the works.

The MMO must be sent a copy of the notification to the UKHO within 24 hours of issue.

Reason:To ensure other vessels in the vicinity can plan and safely conduct their passage.

During Works

5.2.7 Prior to disposal at Plymouth Deep disposal site (PL035) prior notification by email to MMO Plymouth [email protected] must be provided. This prior notification must be given at the latest by 1200on the working day preceding the planned disposal activity.

In the event of e-mail failure, the prior notification must be given by telephone on 01752 228001.

The notification must include:

-Vessel Name and Masters name;

-Location of berth and earliest departure time; and

-Contact details for Master and vessel.

Reason:In order to facilitate inspection by Marine Enforcement Officer.

5.2.8 For each day's disposal activity to Plymouth Deep disposal site (PL035), a daily report is to be sent [email protected] by 1200 of the day following disposal.

The daily report must include:

-Start and stop times for each disposal episode, and latitude and longitude coordinates for those start and stop times; and

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-Quantity of material discharged during each disposal episode.

Reason:In order to facilitate inspection by Marine Enforcement Officer.

5.2.9 During all trips to Plymouth Deep disposal site (PL035) by the disposal vessel, the vessel must maintain in operationthe AIS (automatic identification system) which meets the performance standards drawn up by the International MaritimeOrganisation according to chapter V, Regulation 19, section 2.4.5 of the 1974 SOLAS Convention.

Reason:In order to facilitate inspection by Marine Enforcement Officer.

5.2.10 Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicalsassociated with plant, refuelling and construction equipment, into the marine environment. Secondary containment mustbe used with a capacity of no less than 110% of the container's storage capacity.

Reason:To minimise the risk of marine pollution incidents.

5.2.11 Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution ResponseTeam within 12 hours.

Within office hours: 0300 200 2024.

Outside office hours: 07770 977 825.

At all times if other numbers are unavailable: 0845 051 8486.

[email protected]

Reason:To ensure that any spills are appropriately recorded and managed to minimise the risk to sensitive receptors and themarine environment.

5.2.12 Only coatings and treatments can be used that are suitable for use in the marine environment.

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Reason:To ensure hazardous chemicals that may be toxic, persistent or bioaccumulative are not released into the marineenvironment.

5.2.13 During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains,open water and bunded to contain any spillage.

Reason:To minimise the risk of waste entering the marine environment.

5.2.14 Pile arisings within 30 metres of MBH08 (as defined in licence schedule 3) are not suitable for disposal at sea and must notbe side cast or deposited in the marine environment. Only inert material (rock) is permissible for side casting or disposalat sea from within 30m of MBH08.

Reason:To ensure that only material which has contaminant levels within those ranges which are considered acceptable fordisposal at sea are disposed via this route.

5.2.15 Material must not be dredged at depths greater than 2.8m from the dredge area to the west of the jetty head (westernchannel).

Reason:To ensure that only material which has contaminant levels within those ranges which are considered acceptable fordisposal at sea are disposed via this route.

5.2.16 No discharge overflow from the dredger hopper is to take place for material dredged at depths greater than 2.5m from thedredge area to the west of the jetty head (western channel).

Reason:To prevent the remobilisation of contaminated sediment.

5.2.17 All reasonable precautions are taken to prevent the disposal of man-made debris at sea. Any man-made material mustbe separated from the dredged material and disposed of to land.

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Reason:To exclude the disposal to sea of man-made material such as shopping trolleys, masonry, paint cans etc.

5.2.18 The licence holder must inform the MMO of the location and quantities of material disposed of each month under thislicence. This information must be submitted to the MMO by 15 February each year for the months August to Januaryinclusive, and by 15 August each year for the months February to July inclusive.

Reason:To allow compliance reporting under the OSPAR Convention agreement as required by Article 4 (3) of Annex II and Article4(1) of Annex II.

5.2.19 The licence holder must ensure that all dropped objects are reported to the MMO using the Dropped Object ProcedureForm as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident.The Form can be found in licence schedule 4. On receipt of the Dropped Object Procedure Form, the MMO may requireobstructions to be removed from the seabed at the licence holder's expense if reasonable to do so.

Reason:To ensure navigational safety.

5.2.20 Soft-start procedures must be used to ensure incremental increase in pile power over a set time period until fulloperational power is achieved. The soft-start duration must be a period of not less than 5 minutes. Should piling ceasefor a period greater than 60 minutes, then the soft start procedure must be repeated.

Reason:To allow mobile sensitive receptors to move away from the source of acoustic disturbance in order to reduce the risk ofinjury.

5.2.21 Dredging to the east of the jetty head must only be undertaken between 1 December and 31 March each year inclusive.The estuary channel is delineated by the dotted line in licence schedule 5.

Reason:To protect migratory fish species during the core sensitive period.

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5.2.22 Percussive piling must not be undertaken during the period of between 1 April and 31 August each year inclusive.

Reason:To reduce the risk of injury and disturbance to Allis shad, Atlantic salmon, and Sea Trout during the core sensitive periodof their migration.

5.2.23 Percussive piling must only take place between 1 September and 31 March each year inclusive and must only beundertaken between 08:00 and 18:00.

The piling must adhere to the following seasonal restrictions:

Between 1 September and 30 September each year inclusive:

- Percussive piling must only be undertaken outside of subtidal areas;

Or

- Percussive piling must only be undertaken for a total of six hours per day during daylight hours.

Between 1 November and 31 December each year inclusive:

- Only one piling rig must be used;

Or

- Percussive piling must only be undertaken for a total of six hours per day during daylight hours. Multiple piling rigs canbe used during this period.

The six hour period begins at the point of the first impact and runs continuously, the striking of piles must cease eachday once this uninterrupted 6 hour period has elapsed. Any activities associated with the piling, excluding the striking ofpiles, such as mobilisation, demobilisation, handling and placement of piles, may continue to take place outside this 6hour period.

Reason:To reduce the risk of injury and disturbance to Smelt and other migratory fish species during the core sensitive periodof their migration.

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5.2.24 In-situ monitoring of the noise levels produced by non-percussive piling methods (Vibro-piling, pile case oscillation andauguring/drilling) is to be undertaken for the first four piling events. This monitoring must be carried out as soon asreasonably possible, at the start of non-percussive piling and outside the core sensitive period of 1 April and 31 Augusteach year inclusive.

If noise levels exceed the predicted levels within the core sensitive period of 1 April and 31 August each year inclusive ofthe Subacoustech predictions as detailed in licence schedule 6, the MMO must be notified and non-percussive piling is notto be undertaken until written agreement is provided by the MMO, in consultation with Natural England, the EnvironmentAgency and Cefas.

Reason:This is to validate the Subacoustech predictions and to provide additional reassurance around the noise levels of theseactivities at this specific site to ensure the protection of migratory fish.

5.2.25 The licence holder must submit the exact locations and dates of impact pile driving to the Marine Noise Registry, in orderto satisfy the 'Close-out' requirements of the Registry, at 6 month intervals from the commencement of impact pile driving.The final data must be submitted within 12 weeks of completion of impact pile driving.

The licence holder must notify the MMO of the successful submission of 'close out' data within 7 days of the submission.

https://mnr.jncc.gov.uk/

Reason:In order to collect the evidence required to support the implementation of the Marine Strategy Framework Directive, underdescriptor 11.

5.2.26 Dredging activities under this licence must not be undertaken while other dredge activities are being undertaken within700 metres of the works area (licence schedule 1).

Reason:To minimise in-combination impacts of dredging activities on smelt.

Post Works

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5.2.27 The intertidal area must be returned to its original profile. To verify this, a baseline (photographic or other method)survey must be undertaken prior to the commencement of the licensed activities. A further repeat (photographic or othermethod) survey must be undertaken no later than 10 working days after the licensed activities have been completed.Both surveys must be submitted to the MMO within 10 working days of the survey data being collected.

Reason:To ensure the seabed is returned to a similar state after the licensed activities to promote recovery.

5.2.28 All equipment, temporary structures, waste and/or debris associated with the licensed activities must be removed within6 weeks upon completion of licensed activities.

Reason:To minimise impacts to the marine environment and other users of the sea/seabed.

5.2.29 Navigation aids must be returned to their original position, or as close as reasonably practicable, following the completionof the works.

Reason:To ensure navigational safety.

5.2.30 The licence holder must notify the local MMO office as detailed in section 2.2 of the completion of the licensed activitiesby the licence holder, no later than 10 working days after their completion.

Reason:To ensure the local MMO officer is aware of the licesned actitivies at sea occurring within its jurisdiction in order to notifyother sea users and to arrange any enforcement visits where appropriate.

5.2.31 The licence holder must notify The Source Data Receipt team, UK Hydrographic Office, Taunton, Somerset, TA1 2DN(Email: [email protected]; Tel: 01823 337900) of completion of the licensed activities, no later than 6 weeks after theircompletion. This notification must also include engineering drawings of the new jetty.

A copy of the notification must be sent to the MMO within one week of the notification being sent.

Licence number: L/2017/00223/1

Case ref: MLA/2015/00215

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Reason:To ensure necessary amendments to charts can be made.

Licence number: L/2017/00223/1

Case ref: MLA/2015/00215

Page 24 of 24

6 Compliance and enforcement

This licence and its terms and conditions are issued under the Marine and CoastalAccess Act 2009.

Any breach of the licence terms and conditions may lead to enforcement actionbeing taken. This can include variation, revocation or suspension of the licence,the issuing of an enforcement notice, or criminal proceedings, which may carry amaximum penalty of an unlimited fine and / or a term of imprisonment of up to twoyears.

Your attention is drawn to Part 4 of the Marine and Coastal Access Act 2009, inparticular sections 65, 85 and 89 which set out offences, and also to sections 86,87 and 109 which concern defences. The MMO's Compliance and EnforcementStrategy can be found on our website (https://www.gov.uk/government/publications/compliance-and-enforcement-strategy).