Common use of Noise Mitigation Clause in Contracts

Noise Mitigation. Seller shall not commence offshore activities related to the Selected Project that generate significant noise, including but not limited to unexploded ordinance detonation and impact pile driving, during poor visibility conditions such as darkness, fog, and heavy rain, except as authorized by BOEM and the National Oceanic and Atmospheric Administration (NOAA) pursuant to the COP Approval. Acoustic Monitoring. If Seller will use pile driving or other methods of installation that result in high underwater noise levels, Seller will monitor underwater acoustics during foundation installation to measure variations in sound pressure levels, record sound levels in the water column and assess the effectiveness of a noise mitigation system to reduce underwater noise generated during pile installation. NYSERDA acknowledges that (i) any such monitoring shall be done in accordance with, and only to the extent authorized by, Applicable Law and (ii) that if the COP Approval identifies a noise mitigation system for this purpose Seller shall not be required to assess a noise mitigation system other than such system identified in the COP Approval. Sixty (60) days prior to the monitoring effort, Seller will provide NYSERDA an “Underwater Acoustic Monitoring Plan” detailing how Seller’s acoustic monitoring data will be collected and made available as soon after collection as is practicable for use by third parties. The plan must include commitments to make publicly available Seller’s acoustic monitoring data, including raw and metadata, no more than six (6) months after installation is complete to the extent such public release is not restricted by BOEM, NOAA or other federal or local authorities, or otherwise limited in accordance with Applicable Law. To the extent that other plans and noise mitigation permit conditions and protocols approved by BOEM and/or NOAA cover the same information that would be included in the Underwater Acoustic Monitoring Plan, a copy of such plans, conditions and protocols may be provided in lieu of including such information in a separate Underwater Acoustic Monitoring Plan.