Paragraph 12

(1)

The undertaker must submit a CEMP in writing to the MMO for written approval in accordance with the procedure in Part 4, following consultation with the harbour authority, the relevant statutory nature conservation body and the Environment Agency, at least 13 weeks prior to the commencement of any licensed activity.

(2)

Unless otherwise agreed by the MMO in writing, the CEMP must include the following details (where relevant to the particular licensed activity)—

(a)

the detailed construction methodology to be employed by the undertaker in carrying out the licensed activity;

(b)

a construction programme including—

(i)

a planned timetable for each licensed activity including timings for mobilisation of plant and delivery by sea;

(ii)

method of delivery of material to site;

(iii)

a plan for notifying the MMO of the commencement and cessation of licensed activities and phases of activities;

(iv)

a plan for notifying the MMO of changes to the construction programme;

(c)

the detailed methodology for the excavation and subsequent management of any dredged material removed in the construction and maintenance of the berthing pocket including—

(i)

the volume of material to be dredged;

(ii)

sediment sample analysis results, which must not exceed three years in age and which must be completed by a laboratory validated by the MMO and undertaken in accordance with the sample plan approved under condition 25;

(iii)

where contamination is identified by the sediment sample analysis results, a monitoring and action plan to address the potential release of contaminants from dredged material into the watercourse;

(iv)

provision that dredging activities must only be undertaken from 1 July to 28 February inclusive and the details on the timing of dredging activities throughout those months;

(v)

provision that no dredged materials are to be disposed of at sea or in other waters otherwise than in accordance with a marine licence;

(d)

a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(e)

a waste management and disposal plan;

(f)

plans and sections;

(g)

details of where the licensed activity was assessed in the environmental statement;

(h)

for any materials to be placed in or removed from the marine area, information on the volume and size of materials, methods of placement and removal of materials, types of materials, source of materials and methods of disposal of materials;

(i)

environmental mitigation measures, which must be substantially in accordance with the measures set out in chapter 17 (marine and coastal ecology) of the environmental statement; and

(j)

monitoring measures.

(3)

The undertaker must not commence the licensed activity until the MMO has approved in writing the submitted CEMP.

(4)

Unless otherwise agreed by the MMO in writing, the CEMP must be implemented as approved by the MMO.