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July 2014 Deadline VIII(a) MCA’s comments on DCO Requirement 11

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July 2014

Deadline VIII(a) ndash MCArsquos comments on DCO Requirement 11

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 1

Document Title Dogger Bank Creyke Beck

Deadline VIII(a)

MCArsquos comments on DCO Requirement 11

Forewind Document Reference F-EXC-RW-DVIIIa-001

Issue Number 1

Date 28072014

Drafted by Melissa Read

Checked by Sophie Barrell

Date initials check SB 29072014

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 2

MCArsquos comments on DCO Requirement 11

DCO wording

1 The revised DCO (version 5) submitted at Deadline VIII contains a number of

amendments from the wording presented in the original DCO submitted with the

application (August 2014) These differences are shown highlighted in red below

Offshore safety management

11 mdash(1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCoP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

2 An initial change to the wording of Requirement 11(1) was made following the MMOrsquos

request at the Issue Specific Habitats Regulations Assessment (HRA) Hearing in April

2014 They requested they approve the ERCoP in consultation with the MCA rather

than the Secretary of State providing approval This was also discussed during a

telecon between the MMO and Forewind on Thursday 1st May 2014 as noted in

Forewinds response to ExArsquos second written questions (Deadline IV) Question 44

Appendix 1 - action 0105-17

3 The MMO noted agreement to the wording in DCO Requirement 11(1) in paragraph 21

of their Deadline V response (dated 16th June 2014)

4 Subsequently the MMO requested the offshore safety management DCO Requirement

11 be moved to each of the DMLs in order that they have the ability to enforce this

under the Marine and Coastal Access Act 2009 Forewind agreed to this and the

revised DCO (version 5) has replicated this DCO Requirement into each of the DMLs at

DML 1amp2 Condition 11 and DML 3amp4 Condition 10 This change is noted in line A38 of

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 3

Forewindrsquos Deadline VIII submission ndash Comments on ExA final draft DCO (F-EXC-RW-

DVIII-003)

5 The MMO approve and enforce DML Conditions Therefore as a result of this move to

the DMLs and for consistency with the approval under Condition 11(1) Condition 11(3)

has also been changed so the MMO has sign off of relevant MCA recommendations

contained within MGN371 instead of the Secretary of State

MCA comment

6 Forewind and the MCA agreed a SoCG in February 2014 based upon the wording in

the DCO submitted with the application This document agrees the following

statements

ldquoIt is agreed that offshore works shall not commence until the Secretary of State in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) and this is adequately secured by requirements 11(1) and 11(2) of the DCO (ref 31) (3-E-5)rdquo

ldquoIt is agreed that the undertaker of the DCO shall abide by all relevant recommendations advised by the MCA (3-E-6)rdquo

7 In a letter to Forewind dated 25th July 2014 the MCA has confirmed that they are

content for the wording of DCO Requirement 11(3) which is also replicated in DML

Conditions 11 and 10 to be amended to require approval of the MCA

recommendations contained within MGN371 by the MMO in consultation with the MCA

In addition the MCA confirms they are content the above condition is included within

the DMLs

8 Further to this in an email dated 28th July 2014 the MCA confirms they are content

with the wording of DCO Requirement 11 as set out in the revised DCO (version 5)

9 This email correspondence and letter are provided at Annex A

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 4

Annex A ndash Correspondence with the MCA re DCO Requirement 11

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 28 July 2014 1353

To Melissa Read

Cc Samantha Westwood Sophie Barrell Alan (MMO) Gibson Roly McKie Subject RE FW Dogger Bank Creyke Beck EN010021

Dear Melissa

Thanks for the revised wording Yes I can confirm the MCA is content with the changes to the wording

below

Best regards

Nick

gtgtgt Melissa Read ltMelissaReadforewindcoukgt 28072014 1128 gtgtgt

Hi Nicholas Many thanks for writing this letter and sending through so promptly However having read the request from the Examining Authority they seem mainly concerned about the change to the first part of Requirement 11 which relates solely to the ERCoP rather than the recommendations of MGN371 which are covered in 11(3) I have copied the Requirement text in full below with amendments from the original highlighted in red It is the same principle as noted in your letter of 25 July ie requiring sign off by the MMO rather than the Secretary of State

Offshore safety management

11 (1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCOP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

Would you be able to send through confirmation you are happy with the wording as noted above This can be either by return email or a further letter whichever is easiest Our deadline is Wednesday so if you are able to respond by tomorrow that would be much appreciated Apologies for only picking this up now but I was on leave last week so had not thoroughly read your response to the ExArsquos request

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 5

Kind regards Melissa ____________________________________________________________________________

Melissa Read Consents Manager Forewind Ltd | Davidson House | Forbury Square | Reading | RG1 3EU | United Kingdom t +44 (0)118 955 6180 | m +44 (0)781 859 7851 e melissareadforewindcouk | w forewindcouk ____________________________________________________________________________

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 25 July 2014 1011

To Samantha Westwood Melissa Read Cc Alan (MMO) Gibson Roly McKie

Subject Re FW Dogger Bank Creyke Beck EN010021

Hi SamMelissa

Please find attached our letter confirming we are content with the amended wording and inclusion in the

DML

Best regards

Nick

Nick Salter

Navigation Specialist Support

Navigation Safety Branch

Maritime amp Coastguard Agency

105 Commercial Road

Southampton SO15 1EG

Tel 023 8032 9448

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 1

Document Title Dogger Bank Creyke Beck

Deadline VIII(a)

MCArsquos comments on DCO Requirement 11

Forewind Document Reference F-EXC-RW-DVIIIa-001

Issue Number 1

Date 28072014

Drafted by Melissa Read

Checked by Sophie Barrell

Date initials check SB 29072014

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 2

MCArsquos comments on DCO Requirement 11

DCO wording

1 The revised DCO (version 5) submitted at Deadline VIII contains a number of

amendments from the wording presented in the original DCO submitted with the

application (August 2014) These differences are shown highlighted in red below

Offshore safety management

11 mdash(1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCoP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

2 An initial change to the wording of Requirement 11(1) was made following the MMOrsquos

request at the Issue Specific Habitats Regulations Assessment (HRA) Hearing in April

2014 They requested they approve the ERCoP in consultation with the MCA rather

than the Secretary of State providing approval This was also discussed during a

telecon between the MMO and Forewind on Thursday 1st May 2014 as noted in

Forewinds response to ExArsquos second written questions (Deadline IV) Question 44

Appendix 1 - action 0105-17

3 The MMO noted agreement to the wording in DCO Requirement 11(1) in paragraph 21

of their Deadline V response (dated 16th June 2014)

4 Subsequently the MMO requested the offshore safety management DCO Requirement

11 be moved to each of the DMLs in order that they have the ability to enforce this

under the Marine and Coastal Access Act 2009 Forewind agreed to this and the

revised DCO (version 5) has replicated this DCO Requirement into each of the DMLs at

DML 1amp2 Condition 11 and DML 3amp4 Condition 10 This change is noted in line A38 of

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 3

Forewindrsquos Deadline VIII submission ndash Comments on ExA final draft DCO (F-EXC-RW-

DVIII-003)

5 The MMO approve and enforce DML Conditions Therefore as a result of this move to

the DMLs and for consistency with the approval under Condition 11(1) Condition 11(3)

has also been changed so the MMO has sign off of relevant MCA recommendations

contained within MGN371 instead of the Secretary of State

MCA comment

6 Forewind and the MCA agreed a SoCG in February 2014 based upon the wording in

the DCO submitted with the application This document agrees the following

statements

ldquoIt is agreed that offshore works shall not commence until the Secretary of State in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) and this is adequately secured by requirements 11(1) and 11(2) of the DCO (ref 31) (3-E-5)rdquo

ldquoIt is agreed that the undertaker of the DCO shall abide by all relevant recommendations advised by the MCA (3-E-6)rdquo

7 In a letter to Forewind dated 25th July 2014 the MCA has confirmed that they are

content for the wording of DCO Requirement 11(3) which is also replicated in DML

Conditions 11 and 10 to be amended to require approval of the MCA

recommendations contained within MGN371 by the MMO in consultation with the MCA

In addition the MCA confirms they are content the above condition is included within

the DMLs

8 Further to this in an email dated 28th July 2014 the MCA confirms they are content

with the wording of DCO Requirement 11 as set out in the revised DCO (version 5)

9 This email correspondence and letter are provided at Annex A

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 4

Annex A ndash Correspondence with the MCA re DCO Requirement 11

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 28 July 2014 1353

To Melissa Read

Cc Samantha Westwood Sophie Barrell Alan (MMO) Gibson Roly McKie Subject RE FW Dogger Bank Creyke Beck EN010021

Dear Melissa

Thanks for the revised wording Yes I can confirm the MCA is content with the changes to the wording

below

Best regards

Nick

gtgtgt Melissa Read ltMelissaReadforewindcoukgt 28072014 1128 gtgtgt

Hi Nicholas Many thanks for writing this letter and sending through so promptly However having read the request from the Examining Authority they seem mainly concerned about the change to the first part of Requirement 11 which relates solely to the ERCoP rather than the recommendations of MGN371 which are covered in 11(3) I have copied the Requirement text in full below with amendments from the original highlighted in red It is the same principle as noted in your letter of 25 July ie requiring sign off by the MMO rather than the Secretary of State

Offshore safety management

11 (1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCOP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

Would you be able to send through confirmation you are happy with the wording as noted above This can be either by return email or a further letter whichever is easiest Our deadline is Wednesday so if you are able to respond by tomorrow that would be much appreciated Apologies for only picking this up now but I was on leave last week so had not thoroughly read your response to the ExArsquos request

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 5

Kind regards Melissa ____________________________________________________________________________

Melissa Read Consents Manager Forewind Ltd | Davidson House | Forbury Square | Reading | RG1 3EU | United Kingdom t +44 (0)118 955 6180 | m +44 (0)781 859 7851 e melissareadforewindcouk | w forewindcouk ____________________________________________________________________________

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 25 July 2014 1011

To Samantha Westwood Melissa Read Cc Alan (MMO) Gibson Roly McKie

Subject Re FW Dogger Bank Creyke Beck EN010021

Hi SamMelissa

Please find attached our letter confirming we are content with the amended wording and inclusion in the

DML

Best regards

Nick

Nick Salter

Navigation Specialist Support

Navigation Safety Branch

Maritime amp Coastguard Agency

105 Commercial Road

Southampton SO15 1EG

Tel 023 8032 9448

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 2

MCArsquos comments on DCO Requirement 11

DCO wording

1 The revised DCO (version 5) submitted at Deadline VIII contains a number of

amendments from the wording presented in the original DCO submitted with the

application (August 2014) These differences are shown highlighted in red below

Offshore safety management

11 mdash(1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCoP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

2 An initial change to the wording of Requirement 11(1) was made following the MMOrsquos

request at the Issue Specific Habitats Regulations Assessment (HRA) Hearing in April

2014 They requested they approve the ERCoP in consultation with the MCA rather

than the Secretary of State providing approval This was also discussed during a

telecon between the MMO and Forewind on Thursday 1st May 2014 as noted in

Forewinds response to ExArsquos second written questions (Deadline IV) Question 44

Appendix 1 - action 0105-17

3 The MMO noted agreement to the wording in DCO Requirement 11(1) in paragraph 21

of their Deadline V response (dated 16th June 2014)

4 Subsequently the MMO requested the offshore safety management DCO Requirement

11 be moved to each of the DMLs in order that they have the ability to enforce this

under the Marine and Coastal Access Act 2009 Forewind agreed to this and the

revised DCO (version 5) has replicated this DCO Requirement into each of the DMLs at

DML 1amp2 Condition 11 and DML 3amp4 Condition 10 This change is noted in line A38 of

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 3

Forewindrsquos Deadline VIII submission ndash Comments on ExA final draft DCO (F-EXC-RW-

DVIII-003)

5 The MMO approve and enforce DML Conditions Therefore as a result of this move to

the DMLs and for consistency with the approval under Condition 11(1) Condition 11(3)

has also been changed so the MMO has sign off of relevant MCA recommendations

contained within MGN371 instead of the Secretary of State

MCA comment

6 Forewind and the MCA agreed a SoCG in February 2014 based upon the wording in

the DCO submitted with the application This document agrees the following

statements

ldquoIt is agreed that offshore works shall not commence until the Secretary of State in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) and this is adequately secured by requirements 11(1) and 11(2) of the DCO (ref 31) (3-E-5)rdquo

ldquoIt is agreed that the undertaker of the DCO shall abide by all relevant recommendations advised by the MCA (3-E-6)rdquo

7 In a letter to Forewind dated 25th July 2014 the MCA has confirmed that they are

content for the wording of DCO Requirement 11(3) which is also replicated in DML

Conditions 11 and 10 to be amended to require approval of the MCA

recommendations contained within MGN371 by the MMO in consultation with the MCA

In addition the MCA confirms they are content the above condition is included within

the DMLs

8 Further to this in an email dated 28th July 2014 the MCA confirms they are content

with the wording of DCO Requirement 11 as set out in the revised DCO (version 5)

9 This email correspondence and letter are provided at Annex A

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 4

Annex A ndash Correspondence with the MCA re DCO Requirement 11

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 28 July 2014 1353

To Melissa Read

Cc Samantha Westwood Sophie Barrell Alan (MMO) Gibson Roly McKie Subject RE FW Dogger Bank Creyke Beck EN010021

Dear Melissa

Thanks for the revised wording Yes I can confirm the MCA is content with the changes to the wording

below

Best regards

Nick

gtgtgt Melissa Read ltMelissaReadforewindcoukgt 28072014 1128 gtgtgt

Hi Nicholas Many thanks for writing this letter and sending through so promptly However having read the request from the Examining Authority they seem mainly concerned about the change to the first part of Requirement 11 which relates solely to the ERCoP rather than the recommendations of MGN371 which are covered in 11(3) I have copied the Requirement text in full below with amendments from the original highlighted in red It is the same principle as noted in your letter of 25 July ie requiring sign off by the MMO rather than the Secretary of State

Offshore safety management

11 (1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCOP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

Would you be able to send through confirmation you are happy with the wording as noted above This can be either by return email or a further letter whichever is easiest Our deadline is Wednesday so if you are able to respond by tomorrow that would be much appreciated Apologies for only picking this up now but I was on leave last week so had not thoroughly read your response to the ExArsquos request

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 5

Kind regards Melissa ____________________________________________________________________________

Melissa Read Consents Manager Forewind Ltd | Davidson House | Forbury Square | Reading | RG1 3EU | United Kingdom t +44 (0)118 955 6180 | m +44 (0)781 859 7851 e melissareadforewindcouk | w forewindcouk ____________________________________________________________________________

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 25 July 2014 1011

To Samantha Westwood Melissa Read Cc Alan (MMO) Gibson Roly McKie

Subject Re FW Dogger Bank Creyke Beck EN010021

Hi SamMelissa

Please find attached our letter confirming we are content with the amended wording and inclusion in the

DML

Best regards

Nick

Nick Salter

Navigation Specialist Support

Navigation Safety Branch

Maritime amp Coastguard Agency

105 Commercial Road

Southampton SO15 1EG

Tel 023 8032 9448

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 3

Forewindrsquos Deadline VIII submission ndash Comments on ExA final draft DCO (F-EXC-RW-

DVIII-003)

5 The MMO approve and enforce DML Conditions Therefore as a result of this move to

the DMLs and for consistency with the approval under Condition 11(1) Condition 11(3)

has also been changed so the MMO has sign off of relevant MCA recommendations

contained within MGN371 instead of the Secretary of State

MCA comment

6 Forewind and the MCA agreed a SoCG in February 2014 based upon the wording in

the DCO submitted with the application This document agrees the following

statements

ldquoIt is agreed that offshore works shall not commence until the Secretary of State in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) and this is adequately secured by requirements 11(1) and 11(2) of the DCO (ref 31) (3-E-5)rdquo

ldquoIt is agreed that the undertaker of the DCO shall abide by all relevant recommendations advised by the MCA (3-E-6)rdquo

7 In a letter to Forewind dated 25th July 2014 the MCA has confirmed that they are

content for the wording of DCO Requirement 11(3) which is also replicated in DML

Conditions 11 and 10 to be amended to require approval of the MCA

recommendations contained within MGN371 by the MMO in consultation with the MCA

In addition the MCA confirms they are content the above condition is included within

the DMLs

8 Further to this in an email dated 28th July 2014 the MCA confirms they are content

with the wording of DCO Requirement 11 as set out in the revised DCO (version 5)

9 This email correspondence and letter are provided at Annex A

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 4

Annex A ndash Correspondence with the MCA re DCO Requirement 11

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 28 July 2014 1353

To Melissa Read

Cc Samantha Westwood Sophie Barrell Alan (MMO) Gibson Roly McKie Subject RE FW Dogger Bank Creyke Beck EN010021

Dear Melissa

Thanks for the revised wording Yes I can confirm the MCA is content with the changes to the wording

below

Best regards

Nick

gtgtgt Melissa Read ltMelissaReadforewindcoukgt 28072014 1128 gtgtgt

Hi Nicholas Many thanks for writing this letter and sending through so promptly However having read the request from the Examining Authority they seem mainly concerned about the change to the first part of Requirement 11 which relates solely to the ERCoP rather than the recommendations of MGN371 which are covered in 11(3) I have copied the Requirement text in full below with amendments from the original highlighted in red It is the same principle as noted in your letter of 25 July ie requiring sign off by the MMO rather than the Secretary of State

Offshore safety management

11 (1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCOP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

Would you be able to send through confirmation you are happy with the wording as noted above This can be either by return email or a further letter whichever is easiest Our deadline is Wednesday so if you are able to respond by tomorrow that would be much appreciated Apologies for only picking this up now but I was on leave last week so had not thoroughly read your response to the ExArsquos request

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 5

Kind regards Melissa ____________________________________________________________________________

Melissa Read Consents Manager Forewind Ltd | Davidson House | Forbury Square | Reading | RG1 3EU | United Kingdom t +44 (0)118 955 6180 | m +44 (0)781 859 7851 e melissareadforewindcouk | w forewindcouk ____________________________________________________________________________

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 25 July 2014 1011

To Samantha Westwood Melissa Read Cc Alan (MMO) Gibson Roly McKie

Subject Re FW Dogger Bank Creyke Beck EN010021

Hi SamMelissa

Please find attached our letter confirming we are content with the amended wording and inclusion in the

DML

Best regards

Nick

Nick Salter

Navigation Specialist Support

Navigation Safety Branch

Maritime amp Coastguard Agency

105 Commercial Road

Southampton SO15 1EG

Tel 023 8032 9448

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 4

Annex A ndash Correspondence with the MCA re DCO Requirement 11

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 28 July 2014 1353

To Melissa Read

Cc Samantha Westwood Sophie Barrell Alan (MMO) Gibson Roly McKie Subject RE FW Dogger Bank Creyke Beck EN010021

Dear Melissa

Thanks for the revised wording Yes I can confirm the MCA is content with the changes to the wording

below

Best regards

Nick

gtgtgt Melissa Read ltMelissaReadforewindcoukgt 28072014 1128 gtgtgt

Hi Nicholas Many thanks for writing this letter and sending through so promptly However having read the request from the Examining Authority they seem mainly concerned about the change to the first part of Requirement 11 which relates solely to the ERCoP rather than the recommendations of MGN371 which are covered in 11(3) I have copied the Requirement text in full below with amendments from the original highlighted in red It is the same principle as noted in your letter of 25 July ie requiring sign off by the MMO rather than the Secretary of State

Offshore safety management

11 (1) Offshore works shall must not commence until the Secretary of State MMO in consultation with the MCA has given written approval for an Emergency Response and Co-operation Plan (ERCoP) which includes full details of the ERCoP for the construction operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues The ERCOP must include the identification of a point of contact for emergency response

(2) The ERCoP must be implemented as approved unless otherwise agreed in writing by the Secretary of State in consultation with the MCA

(3) No authorised development seaward of MHWS shall must commence until the Secretary of State MMO in consultation with the MCA has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN371 Offshore Renewable Energy Installations (OREIs) ndash Guidance on UK Navigational Practice Safety and Emergency Response Issues and its annexes

Would you be able to send through confirmation you are happy with the wording as noted above This can be either by return email or a further letter whichever is easiest Our deadline is Wednesday so if you are able to respond by tomorrow that would be much appreciated Apologies for only picking this up now but I was on leave last week so had not thoroughly read your response to the ExArsquos request

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 5

Kind regards Melissa ____________________________________________________________________________

Melissa Read Consents Manager Forewind Ltd | Davidson House | Forbury Square | Reading | RG1 3EU | United Kingdom t +44 (0)118 955 6180 | m +44 (0)781 859 7851 e melissareadforewindcouk | w forewindcouk ____________________________________________________________________________

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 25 July 2014 1011

To Samantha Westwood Melissa Read Cc Alan (MMO) Gibson Roly McKie

Subject Re FW Dogger Bank Creyke Beck EN010021

Hi SamMelissa

Please find attached our letter confirming we are content with the amended wording and inclusion in the

DML

Best regards

Nick

Nick Salter

Navigation Specialist Support

Navigation Safety Branch

Maritime amp Coastguard Agency

105 Commercial Road

Southampton SO15 1EG

Tel 023 8032 9448

DOGGER BANK CREYKE BECK

Deadline VIII(a) copy 2014 Forewind Page 5

Kind regards Melissa ____________________________________________________________________________

Melissa Read Consents Manager Forewind Ltd | Davidson House | Forbury Square | Reading | RG1 3EU | United Kingdom t +44 (0)118 955 6180 | m +44 (0)781 859 7851 e melissareadforewindcouk | w forewindcouk ____________________________________________________________________________

From Nicholas Salter [mailtoNicholasSaltermcgagovuk] Sent 25 July 2014 1011

To Samantha Westwood Melissa Read Cc Alan (MMO) Gibson Roly McKie

Subject Re FW Dogger Bank Creyke Beck EN010021

Hi SamMelissa

Please find attached our letter confirming we are content with the amended wording and inclusion in the

DML

Best regards

Nick

Nick Salter

Navigation Specialist Support

Navigation Safety Branch

Maritime amp Coastguard Agency

105 Commercial Road

Southampton SO15 1EG

Tel 023 8032 9448