===== MLA/2020/00507 - updated 11th December 2022 ===== {TOC} Initial Application - Submitted 06-Nov-2020 Case ref: MLA/2020/00507 Licence ref: L/2021/00433/1 ==== Project background ==== South Tees Development Corporation (STDC) is proposing to construct a new quay at South Bank in the Tees estuary (referred to hereafter as the proposed scheme). The proposed scheme is required to support STDC’s landside proposals for general industry and storage or distribution uses within part of the South Industrial Zone (which has been subject to a separate planning application - reference R/2020/0357/OOM). It is envisaged that the new quay would be utilised predominantly by the renewable energy industry, as well as supporting more general industrial and storage/distribution activities. In summary, the proposed scheme comprises demolition, capital dredging, offshore disposal of dredged material, placement of rock in the berth pocket and construction and operation of a new quay (to be set back into the riverbank). The proposed scheme would require works in both the marine and terrestrial environments and requires Environmental Impact Assessment (EIA) in support of a marine licence application to the Marine Management Organisation (MMO) and a planning application to Redcar and Cleveland Borough Council (RCBC). As the proposed quay is to be constructed in the riverbank (i.e. on land), construction of the new quay has not been included in this marine licence application. The development of the proposed scheme is to be undertaken in phases. Phase 1 of the proposed scheme (a 450m length of usable quay frontage) can be implemented without relying on Phase 2 (an approximately 600m length of usable quay frontage). This marine licence application covers the works required for Phase 2 of the proposed scheme only. A separate marine licence application has been submitted for Phase 1 of the proposed scheme. ==== Programme of works ==== STDC is intending to commence construction of the facility during 2021 to enable operation of the facility by 2023 (an approximately three-year construction phase). The timescales associated with implementation of Phase 2 are unknown at this stage but would be dependent on market conditions. Working hours are proposed to be 24 hours a day during the construction and operational phase. For the purposes of the EIA it has been assumed that construction works could be undertaken at any time of the year (i.e. no seasonal restrictions on works are proposed). Further detail regarding the proposed programme of works is outlined in Section 3.9 of the EIA Report. ==== Other information ==== Applicant details Mr John McNicholas / 01642 xxx xxxx SOUTH TEES DEVELOPMENT CORPORATION / Cavendish House Teesdale Business Park STOCKTON-ON-TEES / TS17 6QY Date application submitted: 06-NOV-2020 Date application validated: 16-NOV-2020 Date initial decision made: 25-FEB-2022 Status: Completed - (Discharging conditions) ===== Application and Documents ===== [[this>Teesworks/Planning/MLA_2020_00507-APPLICATION-FORM.pdf|Application Form]] ==== Response Documents - Licence L/2021/00433/1 ==== |h File|h Size|h Comments|h Date| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-Condition%205.2.11%20disposal%20exclusion%20zone%20coordnates-11.docx|Condition 5.2.11 disposal exclusion zone coordnates.docx]]|//12 KB''|Licence Schedule 5|''13-Dec-2021//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-Standard_Marking_Schedule-12.pdf|Standard_Marking_Schedule.pdf]]|//38 KB''|Licence Schedule 6|''13-Dec-2021//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-Decision%20Letter%20(Marine)-16.pdf|Decision Letter (Marine).pdf]]|//1 MB''||25-Feb-2022//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-Marine%20Coordinate%20Schedules-13.pdf|Marine Coordinate Schedules.pdf]]|//13 KB''||''25-Feb-2022//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-Licence%20Document%20(Marine)-14.pdf|Licence Document (Marine).pdf]]|//124 KB''||''25-Feb-2022//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-Returns-15.pdf|Returns.pdf]]|//16 KB''||''25-Feb-2022//| ==== Additional Documents ==== |h File|h Size|h Date| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-MMO%20Results_Template%20MAR00356_1%20V2-1.xlsm|MMO Results_Template MAR00356_1 V2.xlsm]]|//650 KB''|''28-Oct-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-MMO%20Results_Template%20MAR00356_2%20V2-2.xlsm|MMO Results_Template MAR00356_2 V2.xlsm]]|//636 KB''|''28-Oct-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-PC1084-RHD-ZZ-XX-RP-Z-1100_EIA%20Report_Appendices_Part1-3.pdf|PC1084-RHD-ZZ-XX-RP-Z-1100_EIA Report_Appendices_Part1.pdf]]|//47 MB''|''30-Oct-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-PC1084-RHD-ZZ-XX-RP-Z-1100_EIA%20Report_Appendices_Part2-4.pdf|PC1084-RHD-ZZ-XX-RP-Z-1100_EIA Report_Appendices_Part2.pdf]]|//35 MB''|''30-Oct-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-PC1084-RHD-ZZ-XX-RP-Z-1108_NTS-5.pdf|PC1084-RHD-ZZ-XX-RP-Z-1108_NTS.pdf]]|//3 MB''|''30-Oct-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-PC1084-RHD-SB-EN-CO-EV-1116%20Response%20to%20Cefas%20comments-10.pdf|[PC1084-RHD-SB-EN-CO-EV-1116 Response to Cefas comments.pdf]]|//1 MB''|''16-Mar-2021//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-MMO%20Results_Template%20MAR00356_1%20V2-6.xlsm|MMO Results_Template MAR00356_1 V2.xlsm]]|//650 KB''|''05-Nov-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-MMO%20Results_Template%20MAR00356_2%20V2-7.xlsm|MMO Results_Template MAR00356_2 V2.xlsm]]|//636 KB''|''05-Nov-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-PC1084_RHD-ZZ-XX-RP-Z-1100_EIA%20Report_main%20body-8.pdf|PC1084_RHD-ZZ-XX-RP-Z-1100_EIA Report_main body.pdf]]|//22 MB''|''05-Nov-2020//| |[[this>Teesworks/Planning/MLA_2020_00507/MLA_2020_00507-PC1084_RHD-ZZ-XX-RP-Z-1100_EIA%20Report_main%20body-9.pdf|PC1084_RHD-ZZ-XX-RP-Z-1100_EIA Report_main body.pdf]]|//25 MB''|''25-Nov-2020//| ===== Consultations ===== Case Consultation Responses 18 Document Consultation Responses 0 Return Consultation Responses 0 ==== MMO Coastal Offices & MCT - North East Marine Area ==== Consulted on 23 December 2020. Responded on 18 January 2021. The consultee was asked for their comments on this case. They responded: Please see supporting document. The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/MLA-2020-00507.pdf|MLA-2020-00507.docx]] ==== Natural England - 1 - Northumbria ==== Consulted on 23 December 2020. Responded on 29 January 2021. The consultee was asked for their comments on this case. They responded: Dear Emmanuel, Please find NE's formal advice letter uploaded to MCMS. Please note it is the same advice letter for all 4 consultations. Thanks, Josh The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/338486%20-%20338489,%20NE%20formal%20response%20to%20SBW%20MLA,%2029.01.21.pdf|338486 - 338489, NE formal response to SBW MLA, 29.01.21.pdf]] ==== Maritime and Coastguard Agency - Navigational Safety Branch ==== Consulted on 23 December 2020. Responded on 21 January 2021. The consultee was asked for their comments on this case. They responded: Thank you for the opportunity to comment on the Marine Licence application and supporting papers for the proposed South Bank Quay - Phase 2 scheme in the Tees Estuary. The information provided has been considered by representatives of UK Technical Services Navigation at the Maritime and Coastguard Agency (MCA). The MCA has an interest in the works associated with the marine environment, and the potential impact on the safety of navigation, access to ports, harbours and marinas and any impact on our search and rescue obligations. We note that the works fall within the jurisdiction of PD Teesport who are the Statutory Harbour Authority (SHA) and therefore responsible for maintaining the safety of navigation before, during and after these proposed works. We would expect the impacts of the works on the safety of navigation to be considered and addressed by the SHA, in consultation with the Harbour Master and other relevant navigation stakeholders, and we welcome the completion of the NRA as part of the EIA process in support of this application On this occasion, the Maritime and Coastguard Agency (MCA) has no objection to consent being granted provided all maritime safety legislation is followed and the conditions/advisories below are applied: Conditions: 1. The Licencee must ensure that HM Coastguard, in this case zone7@hmcg.gov.uk is made aware of the works prior to commencement. 2. The Licencee must notify the UK Hydrographic Office to permit the promulgation of maritime safety information and updating of nautical charts and publications through the national Notice to Mariners system. In addition, the following advice should be provided to the applicant to facilitate the proposed works: Advisories: 1. The Licencee should ensure suitable bunding, storage facilities are employed to prevent the release of fuel oils, lubricating fluids associated with the plant and equipment into the marine environment. 2. Any jack up barges / vessels utilised during the works, when jacked up, should exhibit signals in accordance with the UK Standard Marking Schedule for Offshore Installations. 3. The site is within port limits and the applicant should gain the approval/agreement of the responsible local navigation authority. A local notification must be sent to the Harbour Authority who will decide if a Port NM, as they may wish to issue local warnings to alert those navigating in the vicinity to the presence of the works, as deemed necessary. Details required: start date/ end date, work to be done, positions of the work area (WGS84), marking of the work area. UKHO will then review the subsequent Port NM to see if action is required. 4. A local notification must be sent to the Harbour Authority on completion of the work. Any change data including engineering drawings, hydrographic surveys, details of new or changed aids to navigation must then be sent to the Harbour Authority with the instruction to pass onto the UKHO as per guidance in 'Harbour Master's Guide to Hydrographic and Maritime Information Exchange' published on the UKHO website 5. To address the ongoing safe operation of the marine interface for this project, we would like to point the developers in the direction of the Port Marine Safety Code (PMSC) and its Guide to Good Practice. They will need to liaise and consult with the SHA and develop a robust Safety Management System (SMS) for the project under this code. The code sets out a national standard for every aspect of port marine safety.This can be found here: https://www.gov.uk/government/publications/a-guide-to-good-practice-on-port-marine-operations 6. The MCA recommends that, as the site falls within the jurisdiction of a SHA, consideration is given to the current powers held under the Harbours Act 1964 to cover any changes to the current port operations as a result of these works (i.e. a Harbour Revision Order where necessary). Kind regards Technical Services Navigation ==== Environment Agency - North East Area ==== Consulted on 23 December 2020. Responded on 22 February 2021. The consultee was asked for their comments on this case. They responded: Fern Skeldon, Marine Management Organisation, PO Box 1275, Newcastle upon Tyne, NE99 5BN Our ref: NA/2021/115283/01-L01 Your ref: MLA/2020/00507 Date: 22 February 2021 Dear Fern SOUTH BANK QUAY - PHASE 2 WORKS COMPRISING OF DEMOLITION, CAPITAL DREDGING, OFFSHORE DISPOSAL OF DREDGED MATERIAL, PLACEMENT OF ROCK IN THE BERTH POCKET AND CONSTRUCTION AND OPERATION OF NEW QUAY. LAND AT SOUTH BANK WHARF, GRANGETOWN, LACKENBY. Thank you for consulting us on the above marine licence application which we received 23 December 2021. We have also provided comments on Phase 2 of this development (MLA/2020/00506); the same comments apply for both phases. Environment Agency position We **OBJECT** to this activity, as submitted, as it may cause deterioration of the Tees Transitional waterbody (GB510302509900). The submitted proposal does not include an adequate Water Framework Directive (WFD) assessment. We will maintain our objection until the applicant has provided an updated WFD assessment in respect to the points below: * Site specific sediment surveys and assessments * Site specific benthic ecology surveys and assessments Reason(s) Based on the information submitted, there is a significant risk that the development: * may cause deterioration of the water body status * prevent achievement of good ecological potential The Northumbria River Basin Management Plan (RBMP) sets out the environmental objectives for the river basin district, including statutory objectives for water bodies and protected areas. It also includes a summary programme of measures required to achieve these objectives. Under the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (WFD Regulations), public bodies must have regard to the relevant RBMP in exercising their functions which affect a river basin district. * i) **Site specific sediment surveys and assessments** At this time, insufficient information has been provided to demonstrate that the risks of pollution posed to the Tees estuary water quality can be safely managed. The EIA considers the results of assessments undertaken for nearby licence applications, namely the Northern Gateway Container Terminal Project. However, we would require site specific sediment surveys. The EIA notes in paragraph 7.4.3 that a site-specific sediment quality survey was proposed to be undertaken in 2020 and we understand through correspondence with agents for this site that this has been completed and is currently being analysed, with the final batch of results being anticipated into mid-April. It is agreed that the water quality assessment would be revisited and this would be undertaken using the Environment Agency's SeDiChem tool. **Requirement: Submit additional suite of site-specific sediment quality surveys prior to determination. The applicant should supply the raw specific data and then repeat the process within Section 7 of the EIA statement to show the site specific water quality impacts of the proposed application. This should then be considered within the updated Water Framework Directive assessment.** ii) **Site specific benthic ecology surveys and assessments/adequate mitigation** The EIA discusses previous benthic ecology assessments in the Tees Estuary, notably from the Northern Gateway Container Terminal Project undertake in 2006 and 2019 and the Anglo American Harbour Facilities project undertaken in 2014. The EIA goes on to state that a site specific benthic ecological survey will be undertaken during 2020 to provide a detailed understanding of the benthic ecology with and adjacent to the proposed scheme footprint. We have discussed with the applicant the overall scope and design of the ecology survey and we are in agreement with this in principle, although appreciate this will need to be considered by Natural England. We will need to see the results of the survey. In respect to the terrestrial planning application for this scheme, it is understood that the applicant will be undertaking a biodiversity net gain assessment (as a condition) to quantify the loss from the proposal to feed into the Environment and Biodiversity Strategy for the wider Teeswork regeneration. The proposed activity is considered to result in a 2.5ha loss of intertidal area, 5ha loss of subtidal and an additional disturbance of 32.5 ha of subtidal. We acknowledge and support the use of vertipools, however the EIA does note that these would be poor quality overall, and this would still result in an overall net loss. We would appreciate some clarity from the MMO as to how this will feed into the marine licence and requirements for mitigation and/or compensation. **Requirement: We require the submission of the site specific benthic ecology surveys prior to determination to understand the impacts of the proposal. The results of the survey should also be considered within the updated Water Framework Directive assessment** **Overcoming our objection** Please address the following points above and consider this within an updated WFD assessment. Please consult us and we will respond with 21 days. We also would require further clarification on the below matter: **Potential increased erosion of the north bank mudflat** In respect to the impacts of sediment deposition resulting from the Stages 1 to 4 of the proposed dredging programme, the EIA assessment states this is predicted to be immeasurable. We contacted the agent to ask the impact of increased erosion to the north bank had been considered, in respect to a small area of elevated flow which had been modelled. We received the following response: //"The predicted localised increased in current speeds at the upstream end of the proposed scheme footprint would not occure through the whole tide cycle; this is only predicted at times of peak flow. In addition, the predicted effect is so ephemeral, localized in spatial extent and small in magnitude that erosion of the north bank mudflat is not predicted"// On the whole this is acceptable considering the project the in isolation, but we request further clarity if this stance also considers the impact of the NGCT proposal, particularly if dredge activities were to happen concurrently. Please note the location of model point M1 shown on Figure 6.51 Should the above matter be resolved, we would seek to place the following conditions. We welcome discussion on the wording of these conditions with the applicant and the MMO: **Condition - Dissolved Oxygen monitoring** During 1 July to 1 September inclusive, dissolved oxygen levels must be monitored prior to the dredging activity, as a minimum, monitored every hour during the dredging activity. If a drop of 1m/g of dissolved oxygen is observed, than the dredging activity must temporarily pause for a period of 6 hours (a tidal cycle) or until the reading returns to the previously observed level. Recorded data must be shared with the Environment Agency upon completion of the licensed activities, no later than 10 working days after their completion. The MMO must be sent a copy with 7 days of the data being issued. **Reason** The EA has a duty to maintain, improve and develop all salmon, trout, lamprey, smelt and freshwater fisheries, under the Salmon and Freshwater Fisheries Act. 1975 (SSFA) as modified by the Marine and Coastal Access Act, 2009. We are aware the applicant would be against timing restrictions to the dredging schedule. We overall have concerns on the amount to be dredged in conjunction with other planned dredges in the estuary however the above condition would mitigate for this. **Condition - Programme of site characterisation and remediation** Prior to commencement of construction activities/relevant phase, a programme of site characterisation works is to be submitted to ascertain if contaminants are present in concentrations that could result in pollution to controlled waters. The programme shall include the following components: * A preliminary risk assessment which has identified: * all previous uses * potential contaminants associated with those uses * a conceptual model of the site indicating sources, pathways and receptors * potentially unacceptable risks arising from contamination at the site * A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site. * The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. * A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the written consent of the MMO. The scheme shall be implemented as approved. **Reason** The land-based construction and riverbank excavation are noted in the EIA to have the potential to increase potential of mobilization of residual contamination, as the land is known to be contaminated through historic land-uses. These contaminants may ultimately migrate the estuary. The above condition will ensure that this will be investigated and, where necessary, remediated, to mitigate for this risk. Beyond this, we have the following informative comments: **Flood Risk - Advice to MMO** Due to the minimal flood risk associated with the proposed works; the Environment Agency will not be requesting the applicant to apply for an Environmental Permit under the Environmental Permitting Regulations 2016 in addition to the marine license for this section of work. Should you require any additional information, please don't hesitate to contact me. Yours sincerely, Ms Caitlin Newby, Planning Adviser, Direct dial , Direct e-mail The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/338486%20-%20338489,%20NE%20formal%20response%20to%20SBW%20MLA,%2029.01.21.pdf|EA MLA_2020_00507 22 February 2021 OFFICIAL.pdf]] ==== Crown Estate - Marine Estates ==== Consulted on 23 December 2020. Responded on 8 January 2021. The consultee was asked for their comments on this case. They responded: The Crown Estate is affected by the proposed works and landowner's consent is required. The applicant is requested to liaise with our Managing Agent for the area: Guy Harmer of Carter Jonas on 01904 558216, Guy.Harmer@carterjonas.co.uk regarding landowner's consent for the proposed activity. The Crown Estate is affected by the proposed disposal activity and landowner's consent is required. The applicant is requested to liaise with Mark Wrigley on 0207 851 5062, mark.wrigley@thecrownestate.co.uk regarding landowner's consent for the proposed disposal activity. ==== Historic England - Durham/Northumberland/Tees ==== Consulted on 23 December 2020. Responded on 22 January 2021. The consultee was asked for their comments on this case. They responded: Dear Sir/Madam, Please see our advice letter, dated 22 January 2021, submitted on behalf of my colleagues in our Yorkshire & North East Office. Yours faithfully, Dr Christopher Pater, Head of Marine Planning, Historic England The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/338486%20-%20338489,%20NE%20formal%20response%20to%20SBW%20MLA,%2029.01.21.pdf|MLA 2020 00506 South Bank Phase 1 MLA 2020 00507 Phase 2.pdf]] ==== Royal Yachting Association - Royal Yachting Association ==== Consulted on 23 December 2020. Responded on 18 January 2021. The consultee was asked for their comments on this case. They didn't have any comments. ==== Trinity House - Trinity House ==== Consulted on 23 December 2020. Responded on 15 January 2021. The consultee was asked for their comments on this case. They responded: Dear Team, Trinity House has no objections to the proposed application. There are no marking conditions required for licence. Applicants should liaise with P.D. Teesport as the Local Lighthouse authority for the area. Regards Martin Thomas, Navigation Support Officer, Trinity House, DD: , Email: m: , Trinity House, Tower Hill, London, EC3N 4DH ==== Inshore Fisheries and Conservation Authorities - North Eastern ==== Consulted on 23 December 2020. The consultee was asked for their comments on this case. They haven't submitted a response yet. ==== Ministry of Defence - Defence Estates Safeguarding ==== Consulted on 23 December 2020. Responded on 6 January 2021. The consultee was asked for their comments on this case. They didn't have any comments. ==== Centre for Environment, Fisheries and Aquaculture Science - SEAL ==== Consulted on 23 December 2020. Responded on 8 February 2021. The consultee was asked for their comments on this case. They responded: Please see my advice attached. The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/20210201%20MLA202000506%20MLA202000507%20Tees%20South%20Bank%20Phases%201%20and%202%20-%20EIA%20Licence%20Advice%20Minute%20-%20SEAL%20Advice%20v2+SJB.pdf|20210201 MLA202000506 MLA202000507 Tees South Bank Phases 1 and 2 - EIA Licence Advice Minute - SEAL Advice v2+SJB.docx]] ==== Centre for Environment, Fisheries and Aquaculture Science - Underwater Noise ==== Consulted on 23 December 2020. Responded on 8 February 2021. The consultee was asked for their comments on this case. They responded: Hi Emmanuel, Please see my comments attached for this case. I hope my comments address your questions but please do let me know if you require anything further. Please also note that I have submitted one advice minute covering both applications MLA/2020/00506 and MLA/2020/00507. Kind regards, Rebecca The consultee included the following files with their response: MLA202000506 & MLA202000507 Tees South Bank Quay Phases 1&2 UWN advice + JPQC.docx ==== Centre for Environment, Fisheries and Aquaculture Science - Coastal Processes ==== Consulted on 23 December 2020. Responded on 8 February 2021. The consultee was asked for their comments on this case. They responded: Please find coastal process comments in the attached document. The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/20210119%20MLA202000507%20Tees%20South%20Bank%20Quay%20CP%20advice%20+%20JPQC.pdf|20210119 MLA202000507 Tees South Bank Quay CP advice + JPQC.docx]] ==== Centre for Environment, Fisheries and Aquaculture Science - Fisheries Advice ==== Consulted on 23 December 2020. Responded on 8 February 2021. The consultee was asked for their comments on this case. They responded: Dear Emmanuel, In relation to MLA/2020/00507, please find my comments attached in my capacity as advisor on fish ecology and fisheries. If you have any further queries, please do not hesitate to contact me. Best regards, Maria Gamaza The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/20210115%20MLA202000507%20South%20Bank%20Quay-phase%202%20-%20Fisheries%20advice%20MG%20GE%20+%20JPQC.pdf|20210115 MLA202000507 South Bank Quay-phase 2 - Fisheries advice MG GE + JPQC.docx]] ==== Centre for Environment, Fisheries and Aquaculture Science - Benthic Construction ==== Consulted on 23 December 2020. Responded on 22 January 2021. The consultee was asked for their comments on this case. They responded: Hi Emmanuel Please find attached my benthic ecology advice for this request. All the best Stef The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/20210115%20MLA202000507%20South%20Bank%20Quay-phase%202%20-%20Fisheries%20advice%20MG%20GE%20+%20JPQC.pdf|20210121 MLA202000507 Tees South Bank Quay Phase II Benthic ecology JPQC.docx]] ==== Centre for Environment, Fisheries and Aquaculture Science - Shellfish Advice ==== Consulted on 23 December 2020. Responded on 1 February 2021. The consultee was asked for their comments on this case. They responded: Please find attached the shellfish advice. Note as the documentation for both phases (1 and 2) are the same and the assessment of impacts for the two phases are not separated within the EIA, the responses given to the questions in the advice request to MLA/2020/00506 and MLA/2020/00507 are identical. The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/20210128%20MLA202000507%20Tee%20south%20bank%20phase%202%20shellfish%20advice%20+%20JPQC.pdf|20210128 MLA202000507 Tee south bank phase 2 shellfish advice + JPQC.docx]] ==== Royal Society for the Protection of Birds - North East ==== Consulted on 23 December 2020. The consultee was asked for their comments on this case. They haven't submitted a response yet. Teesport Harbour Authority - Teesport Harbour Authority Consulted on 23 December 2020. Responded on 22 January 2021. The consultee was asked for their comments on this case. They responded: I refer to document MLA_2020_00507-PC1084_RHD-ZZ-XX-RP-Z-1100_EIA_Report_mainbody-8. I support the point made on p27, section 4.2 Harbours Act. A Harbour Revision Order will be required if the application is developed to vary the boundary of the harbour area to incorporate the development. I refer to drawing PC1084-RHD-SB-ZZ-DR-CM-0004. The upriver dredged area adjacent to the North Tees mudflats will require a steep slope (in the order of 1:2) if habitat is not to be lost from the SSSI (highlighted on the submitted snapshot). I suggest that further study / evidence of the stability of this material is required. The consultee included the following files with their response: [[this>Teesworks/Planning/MLA_2020_00507/PC1084-RHD-SB-ZZ-DR-CM-0004%20snapshot.PNG|PC1084-RHD-SB-ZZ-DR-CM-0004 snapshot.PNG]] ===== Returns ===== ==== Notification of commencement ==== MLA/2020/00507/R1 Discharged The MMO must be notified prior to the commencement of the first instance of any licensed activity. This notice must be received by the MMO no less than five working days before the commencement of that licensed activity. Deadline: no less than five working days before the commencement of that licensed activity. Date received: 04 May 2022 Date discharged: 06 May 2022 Licence holder comments: The works will commence on 18/05/2022. ==== Harbour Authority Notification ==== MLA/2020/00507/R10 Open A local notification must be sent to the Harbour Authority on completion of the work. Any change data including engineering drawings, hydrographic surveys, details of new or changed aids to navigation must then be sent to the Harbour Authority with the instruction to pass onto the UKHO as per guidance in 'Harbour Master's Guide to Hydrographic and Maritime Information Exchange' published on the UKHO website. Deadline: No later than 7 days after there completion ==== Dredging ==== MLA/2020/00507/R11 Open No dredging not covered under statutory harbour authority powers can be conducted during the period from 1st July to 31st August (inclusive) without written permission from the MMO. Permission will only be granted if agreement has been reached that only 1 dredge campaign is taking place at this time. No other dredging will take place on the River Tees during this period. Deadline: In advance of July of any given year ==== Dredge Disposal ==== MLA/2020/00507/R12 Open The applicant will liaise with Northern Gateway Container Terminal (NGCT) no later than 6 months in advance of the proposed start date of capital dredging and disposal for South Bank Quay and, subject to the outcome of that discussion, will provide either of the following to the MMO no later than 3 months in advance of the proposed start date of capital dredging and disposal: * Written confirmation that disposal of dredged material from the South Bank Quay project will not temporally coincide with that arising from the NGCT project (meaning that no single phase of the capital dredging and disposal for the two projects would occur at the same time); or, * Written confirmation that the total (aggregated) quantity of dredged material to be disposed would not exceed 1.34 million m3 per month (the peak monthly volume assessed within the EIA), should it be apparent that the dredging and disposal from South Bank Quay could temporally coincide (meaning that any phase of the capital dredging and disposal for the two projects could occur at the same time); or, Further environmental assessment information (the scope of which would be agreed with the MMO) to analyse the potential nature of the cumulative environmental impact associated with offshore disposal should it be apparent that the dredging and disposal programmes for NGCT and the South Bank Quay project could (i) temporally coincide and (ii) the total (aggregated) quantity of dredged material to be disposed could exceed 1.34 million m3 per month, with a detailed programme of environmental monitoring to verify the predicted cumulative environmental impacts of disposal of dredged material. Deadline: At least 3 months in advance of the proposed start date of capital dredging and disposal ==== Agents / contractors / sub-contractors ==== MLA/2020/00507/R2 Discharged The MMO must be notified in writing of any agents, contractors or sub-contractors that will carry on any licensed activity listed in section 4 of this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. A copy of this licence and any subsequent revisions or amendments must be provided to, read and understood by any agents, contractors or sub-contractors that will carry on any licensed activity listed in section 4 of this licence on behalf of the licence holder. Deadline: No less than 24 hours before the commencement of the licensed activity Date received: 04 May 2022 Date discharged: 06 May 2022 Licence holder comments: Principal Contractor – John Graham Construction / Demolition Subcontractor – Foyle and Marine Dredging ==== Vessels ==== MLA/2020/00507/R3 Discharged The MMO must be notified in writing of any vessel being used to carry on any licensed activity listed in section 4 of this licence on behalf of the licence holder. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. Notification must include the master's name, vessel type, vessel IMO number and vessel owner or operating company. A copy of this licence and any subsequent revisions or amendments must be read and understood by the masters of any vessel being used to carry on any licensed activity listed in section 4 of this licence, and that a copy of this licence must be held on board any such vessel. Deadline: No less than 24 hours before the commencement of the licenced activity Date received: 04 May 2022 Date discharged: 09 May 2022 Licence holder comments * 2 no. 12m*4m flat top barges: Master’s Name: N/A (Not operated plant); Vessel Type: Flat top barge/ pontoon; Vessel IMO: N/A; Vessel Owner: Foyle and Marine Dredging • 1 no. Safety/ Workboat: Master’s Name: Stephen McCormick; Vessel Type: Safety/ Workboat; Vessel IMO: N/A; Vessel Owner: Foyle and Marine Dredging ==== HM Coastguard ==== MLA/2020/00507/R4 Discharged HM Coastguard (mailto:nmoccontroller@hmcg.gov.uk) must be notified prior to commencement of activities. The MMO must be sent a copy within 7 days of the issue of this notification. Deadline: Within 7 days of the issue of this notification Date received: 04 May 2022 Date discharged: 26 Sep 2022 Licence holder comments: An email has been sent to HM Coastguard to notify them of the commencement of activities. The email has been attached. ==== UK Hydrographic Office Notification ==== MLA/2020/00507/R5 Discharged A notification of works must be sent to the UK Hydrographic Office at least two weeks prior to the commencement of the works. The MMO must be sent a copy of the notification within 24 hours of issue. Deadline: Within 24 hours of issue Date received: 04 May 2022 Date discharged: 26 Sep 2022 Licence holder comments: An email has been sent to UK Hydrographic Office to notify them of the commencement of activities. The email has been attached. ==== Scheme of Monitoring ==== MLA/2020/00507/R6 Open The dredging activities approved by this licence may not commence until such a time as a scheme of monitoring has been submitted to, and approved in writing by, the Marine Management Organisation. This must be submitted at least 10 weeks prior to the commencement of activities. The scheme shall include: * Baseline assessment prior to commencement. * Programme to monitor dissolved oxygen levels and turbidity (where appropriate) * Programme of post-implementation monitoring. The scheme must be fully implemented and subsequently adhered to, in accordance with the timing/phasing arrangements embodied within the scheme, or any details as may be subsequently agreed, in writing by, the MMO. If it is deemed that any parts of this scheme are no longer required, written representation must be submitted to MMO for written confirmation prior to dredging works commencing. Deadline: 10 weeks prior to the commencement of activities. ==== Dissolved Oxygen Levels ==== MLA/2020/00507/R7 Open If permission is granted by the MMO to undertake dredging operation during 1st July to 31st August (inclusive), dissolved oxygen levels must be monitored prior to the dredging activity, as a minimum, monitored every hour during the dredging activity. If a drop of 1mg/l of dissolved oxygen is observed, than the dredging activity must temporarily pause for a period of 6 hours (a tidal cycle) or until the reading returns to the previously observed level. Recorded data must be shared with the Environment Agency upon completion of the licensed activities, no later than 10 working days after their completion. The MMO must be sent a copy within 7 days of the data being issued. Deadline: Within 7 days of completing monitoring ==== Pre and Post Bathymetric Surveys ==== MLA/2020/00507/R8 Open Pre and post bathymetric dredge surveys must be submitted, together with an interpretation of the difference between the survey results and a volume calculation within 4 weeks of completion of each dredge campaign. ==== Subreturns ==== Ref: R8.1 Open; Deadline; Within 4 weeks of completion of each dredge campaign Ref: R8.2 Open; Deadline; Within 4 weeks of completion of each dredge campaign Ref: R8.3 Open; Deadline; Within 4 weeks of completion of each dredge campaign ==== UKHO Post-Works Notification ==== MLA/2020/00507/R9 Open A notification must be sent to The Source Data Receipt team, UK Hydrographic Office, Taunton, Somerset, TA1 2DN (Email: sdr@ukho.gov.uk; Tel: 01823 337900) of completion of the licensed activities, no later than 7 days after their completion. A copy of the notification must be sent to the MMO within one week of the notification being sent. Deadline: No later than 7 days after there completion Associated applications and consents Case summary View application and documents Public representation Consultations Returns OSPAR Returns ===== Associated applications and consents ===== [[MLA-2020-00506|MLA/2020/00506]]/2 [[ENQ-2021-00205|ENQ/2021/00205]]