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Paragraph 29 Post-construction monitoring

Original text. Later amendments are not shown.

(1)

The undertaker must, in discharging condition 22(1)(f) in respect of post-construction monitoring, submit a post-construction monitoring plan or plans for that stage in accordance with the outline offshore in-principle monitoring plan for written approval by the MMO in consultation with the relevant SNCB including details 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 accordance with the principles set out in the outline offshore in-principle monitoring plan and must specify objectives for each survey and explain how the survey will assist in either informing a useful and valid comparison with the preconstruction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

(2)

If the plan or plans submitted to the MMO under this condition contain survey proposals, the post-construction survey plan or plans must include, in outline—

(a)

details of a survey to determine any change in the location, extent and composition of any biogenic or geogenic reef feature identified in the pre-construction survey in the parts of the offshore Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;

(b)

a bathymetric survey to monitor the effectiveness of archaeological exclusion zones. The data will be analysed by an accredited archaeologist as defined in the marine written scheme of archaeological investigation required under condition 22(2); and

(c)

vessel traffic monitoring by automatic identification system for a duration of three consecutive years following the completion of construction of the authorised development, unless otherwise agreed in writing by the MMO, with provision for a report to be submitted annually to the MMO, Trinity House, and the MCA.

(3)

The undertaker must conduct a swath bathymetric survey to IHO S44ed6 Order 1a of the installed export cable route and provide the data and survey report(s) to the MCA and UKHO. The MMO should be notified once this has been done, with a copy of the Report of Survey also sent to the MMO.

(4)

The undertaker must carry out the surveys specified within the approved post-construction monitoring plan or plans in accordance with that plan or plans and provide the agreed reports in the agreed format, unless otherwise agreed in writing with the MMO in consultation with the relevant SNCB.

(5)

Within 12 weeks of completion of any cable repair or replacement works, the undertaker must undertake a post installation survey along the section of cable that has undergone repair or replacement to demonstrate the successful burial of the cable, and submit a report to the MMO in writing on its findings.

(6)

If, in the event that the reports provided under sub-paragraph (4) identify significant effects not previously assessed or beyond those predicted within the Environmental Statement, an adaptive management plan that aims to reduce effects to within what was predicted in the Environmental Statement, unless otherwise agreed with the MMO in writing, must be submitted to the MMO as soon as reasonably practicable after providing to the MMO the report(s) submitted under sub-paragraph (4). The adaptive management plan must be approved by the MMO in consultation with the relevant SNCB. Any such agreed and approved adaptive management or mitigation should be implemented and monitoring undertaken in full to a timetable first agreed in writing with the MMO. In the event that the adaptive management measures require separate consent, the undertaker shall apply for such consent but only be required to undertake the relevant adaptive management once the consent is granted, with the timetable in the plan adjusted accordingly.

(7)

To the extent that a survey under sub-paragraphs (3), (4) or (5) relates to the Areas of Interest, the undertaker must provide a copy of it to the local harbour authorities.