Non-notified resource consent application
report and decision
Summary of decision
Activity:
To undertake works in the bed of a river, to take surface
water and to clear vegetation on erosion prone land for
farming purposes.
File Reference:
WGN060129
Date Granted:
2 October 2006
Commencement date:
2 October 2006
Applicant:
Shayne Edwards
Decision made under:
Section 104B, 104C and 108 of the Resource Management
Act 1991
Consents Granted:
[
24901]: Controlled activity
Land use consent to use and maintain a culvert and wing
wall structure
in an unnamed tributary of the Wainuiomata
River, and the associated disturbance of the bed of that
stream.
[24903]: Discretionary activity
Water permit to take up to 33L/sec, 20 hours per day, 7
days per week, up to a maximum of 2376m3 of water per
day, 30 weeks per year, from the Wainuiomata River for
farm irrigation purposes.
[24936] Discretionary activity Land use consent to extract up to 500m3 per annum for the
first two years and 100m3 thereafter, of gravel from dry
beaches in the Wainuiomata River and the associated
disturbance of the bed of the river, and to disturb the river
bank to construct a stock/vehicle access.
[24937] Restricted discretionary activity Land use consent to clear up to 11 hectares of vegetation
on erosion prone land for farming purposes.
Location:
1044 Coast Road, Wainuiomata.
Map Reference:
Between approximate map references NZMS 260:
703.831 and NZMS 260:R27;691.821
Legal Description:
Lot 1 DP 323093
Duration of Consents:
WGN060129 [24901]: 35 years
WGN060129 [24903]: 10 years
WGN060129 [24936]: 10 years
WGN060129 [24937]: 10 years
Subject to conditions:
Attachments 1- 4
Decision
Fiona Betteridge
Resource Advisor,
recommended by:
Environmental
Regulation
Decision peer
Natasha Tod
Senior Resource
reviewed by:
Advisor,
Environmental
Regulation
Decision approved
Al Cross
Manager,
by:
Environmental
Regulation
Reasons for decision:
resource consent WGN060129 [24901] [24903]
[24936] [24937]
1.
Background and proposal
The applicant, Shayne Edwards in consultation with business partner John
Curtis, has applied for resource consents to undertake several activities
associated with farming operations at Totora Downs farm, 1044 Coast Road,
Wainuiomata. The works are considered necessary to retain the farm as a
viable business operation. The farm faces a number of pressures and
constraints due to its close proximity to the Wainuiomata Township and the
fact that the fertile land lies within the Wainuiomata River flood plain.
A consent is being sought to maintain an unauthorised culvert and a wing wall
structure in an unnamed tributary of the Wainuiomata River. The 1.3m
diameter, 5.2m long culvert was installed to provide an escape route to muster
stock out of the low lying areas during rising flood events. A secondary flow
path is not necessary as the whole flood plain area goes under water during
flood events.
Another land use consent is being sought for the clearing of approximately 8.3
hectares of vegetation on erosion prone land for farming purposes. 4.8 hectares
of clearance has been completed as it was considered necessary to provide
emergency feed for stock on the hills during a flood event. The only
alternative to this was that the sheep could be trapped against the foot of the
hill without feed for an uncertain amount of time while the floodwaters drained
away.
In consultation with Greater Wellington Flood Protection engineers, the
applicant also proposes to extract up to 500m3 of gravel during the first two
years of exercising the consent and 100m3 each year thereafter, during the
summer periods from dry beaches in the Wainuiomata River to maintain farm
tracks and for flood protection purposes. The gravel would be extracted above
the water level using a front end loader tractor or digger and the work would be
undertaken by the applicant, along with the occasional help of a contractor.
The hours of work would be not more than six hours per day and the beach
would be re-contoured to a natural shape following works. River bank
disturbance will also be undertaken in order to construct a stock and vehicle
access point at approximate map reference R27:703.828.
The applicant’s fourth proposal is to take up to 2376m3/day of water from the
Wainuiomata River to spray irrigate up to 57 hectares of crops and pasture. A
portable, screened intake structure would be used to allow the river bank to
remain clear of the structure when irrigation is not in use, with a permanent
delivery headworks containing appropriate valving and metering at points
adjacent to these intake areas.
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1.1
Resource consents required
A land use consent is required under rule 49 of the Regional Freshwater Plan
for the Wellington Region (RFP) as permitted activity rule 38 restricts the
removal of gravel from a stream bed at a rate greater than 50m3/year.
A land use consent is required under rule 49 of the RFP as rule 25 only permits
the placement of culvert and wing wall structures in intermittantly flowing
stream beds.
A land use consent is required under rule 4 of the Regional Soil Plan for the
Wellington Region (RSP) which restricts the removal of vegetation from areas
greater than 1 hectare on erosion prone land.
A water permit is required under rule 16 of the RFP as rule 7 only permits the
extraction of freshwater of up to 20,000 L/day.
2.
Consultation
In accordance with Greater Wellington Regional Council’s (GW) agreement
with tangata whenua regarding consultation on non-notified consents, Te
Runanganui O Taranaki Whanui Ki Te Upoko O Te Ika a Maui, Wellington
and the Wellington Tenths Trust were provided with a copy of the application.
Neither authority had any concerns with the proposal.
Land Management Officer, Dave Cameron of GW has been consulted
regarding the sustainability of the existing and proposed land clearance. Dave
has provided an assessment of the environment impacts on the land which has
been referred to in the decision making process.
Flood protection engineer, Steve Murphy of GW has been involved in the
consultation process with the applicant. Steve has no concerns with the
proposal provided the GW Flood Protection Department is consulted with prior
to river works being undertaken.
Blake Abernethy of Fish and Game New Zealand was also consulted. His
principal issue of concern was the cumulative effects of abstractions from the
river, and the application of the core allocation and minimum flows. It was
agreed that this would only become an issue if the core allocation and/or
minimum flows were changed as a result of a plan change or review. I
suggested including a review condition which would specify that GW shall
review the conditions of the water permit should there be any changes to the
core allocation or minimum flows in the RFP. This is also specifically
provided by section 128(2) of the Resource Management Act 1991. Both the
applicant and Blake were happy with this and Blake, on behalf of Fish and
Game, provided his written approval on 16 August 2006.
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3.
Statutory framework
3.1
Resource Management Act 1991
Part II (Section 5) of the Resource Management Act 1991 (the Act) defines its
purpose as the promotion of the sustainable management of natural and
physical resources. Sections 6, 7 and 8 of Part II define the matters a consent
authority shall consider when achieving this purpose.
Section 104 of the Act outlines the matters a consent authority must have
regard to. These matters include any actual and potential effects on the
environment of allowing the activity, relevant objectives, policies and rules of
a Regional Plan, the Regional Policy Statement, and any other matter
considered relevant and reasonably necessary to determine the application.
The proposed works are not expressly allowed by any rule in the RFP or the
RSP; therefore resource consent is required. This is consistent with section 9,
13 and 14 of the Act.
The proposed works and water abstraction are consistent with the intention of
the Act, as the works are essential to ensure people and communities can
provide for their social and economic wellbeing and their health and safety.
Accordingly, the proposed works are consistent with the definition of
‘sustainable management’ in the Resource Management Act 1991, and are
consistent with the overall purpose of the Act, provided consent conditions are
adhered to.
3.2
Regional Policy Statement
The Regional Policy Statement for the Wellington Region (RPS) contains
several objectives and policies aimed at maintaining the quality of the
freshwater environment and maintaining the quality of the soil resource. These
objectives and policies are intended to provide for the current and reasonably
foreseeable needs of current and future generations. The relevant chapters of
the RPS are Chapter 5 (Freshwater), Chapter 6 (Soils and minerals) and
Chapter 9 (Ecosystems). I consider that the proposed activity outlined in the
application is consistent with the objectives and policies of these chapters.
3.3
Regional plans
3.3.1
RFP Policies and objectives
The Regional Freshwater Plan has a number of objectives and policies that
relate to the proposed activities. The relevant objectives and policies to
consider is assessing this application are listed below:
Objective 4.1.9 of the RFP seeks to ensure the risk of flooding to human life,
health and safety is at an acceptable level; and objective 4.1.10 seeks to ensure
impact of flooding on natural values and physical resources including people’s
property to an acceptable level.
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Objective 4.1.11 of the RFP seeks to allow people and communities to use and
develop freshwater resources to provide for their social, economic and cultural
well being and for health and safety.
The proposed river works and water take will provide for the economic
viability of Totora Downs farm, while the vegetation disturbance for
establishing pasture, and the existing culvert and wing wall structure will
provide a safe escape route, an emergency stock feed paddock and high ground
during flood events.
Policy 4.2.18 of the RFP promotes the avoidance or mitigation of the potential
adverse effects associated with flooding.
Policy 4.2.23 of the RFP seeks to have regard to the benefits arising from any
proposal for the use and development of a water body when assessing the
proposal.
The proposed gravel extraction works and maintenance of the existing culvert
structure will reduce the flooding damage and hazard to livestock, people and
property on Totora Downs farm, provided the gravel is extracted under the
advice of an experienced Flood Protection Engineer and the culvert is kept
substantially clear of debris.
Policy 7.2.1 of the RFP relates to appropriate uses within river and lake beds;
provided that adverse effects are avoided, remedied or mitigated and that
significant adverse effects identified within Policy 7.2.2 are avoided. I
consider that the existing culvert and proposed wing walls will not have
significant adverse effects listed under Policy 7.2.2 of the RFP.
The purpose of the culvert structure is to provide an emergency escape route
for stock and people during flood events, and does not cause any significant
adverse effects on the values listed in Policy 7.2.2, which are:
•
The values held by tangata whenua; and /or
•
Natural or amenity values; and /or
•
The flood hazard; and /or
•
River or lake bed or bank stability; and /or
•
Water quality; and /or
•
Water quantity and hydraulic processes (such as river flows and sediment
transport).
In relation to the proposed water abstraction, Policy 6.2.1 seeks to manage the
allocation of water and flows in the parts of the rivers and streams shown in
column 1 of Table 6.1 in the RFP. The minimum flow at Leonard Wood Park
is 300L/sec. The core allocation is 65L/sec. At flows below 360L/sec, the first
‘stepdown’ allocation of 60L/sec applies, and at flows below 345L/sec, the
second ‘stepdown’ allocation of 50L/sec applies.
Policy 6.2.6 specifies that, in relation to water permit applications, water
should be allocated up to a maximum rate of 350m3/hectare/week, which is
equivalent to 35 mm of rainfall per week. The applicant has identified that 57
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hectares of pasture will be irrigated. The volume applied for is equivalent to
291m3/hectare/week, which is 83% of the maximum allowable allocation under
this policy.
I have reviewed the objectives and policies of the RFP, and I consider that the
application is consistent with the relevant policies contained in Sections 4-7 of
the RFP.
3.3.2
RSP Policy and Objectives
Objective 4.1.9 of the Regional Soil Plan for the Wellington Region (RSP)
seeks to maintain, enhance or establish vegetation cover on erosion prone
areas, and that where retention of vegetation is not practical, that other methods
are used so that the adverse effects of erosion are avoided, remedied or
mitigated.
I consider that the activities applied for are consistent with relevant polices and
objectives of the RFP.
Policy 4.2.1 serves to promote land management practices that recognise the
inherent susceptibility of some landforms to erosion.
Policy 4.2.5 serves to promote and facilitate the adoption of sustainable land
management practices.
Policy 4.2.14 serves to remedy or mitigate the adverse effects of vegetation
disturbance by promoting:
• the maintenance and enhancement of vegetation in erosion prone areas;
• the conversion of erosion prone areas to forestry or soil conservation
• woodlots, or regeneration or active restoration to native bush;
• riparian management, including where this will help safeguard the life
supporting capacity of aquatic ecosystems;
• compliance with industry recognised standards and procedures such as
• the Logging Industry Research Organisation's (LIRO) “Forestry Code of
Practice” (Second Edition, 1993); and/or
• the maintenance and retention of erosion control plantings.
The proposed vegetation clearance is not entirely consistent with the direction
and intent of the above policies and objectives of the RSP. However, policy
4.2.9 recognises that land managers and owners have prime responsibility for
achieving sustainable land management in the Wellington Region.
The purpose for clearing the erosion prone land is to ensure safe areas and
emergency grazing for livestock during flood event; therefore I consider the
land clearance is in line with the part of the Act which serves to protect the
applicant’s social and economic wellbeing.
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3.3.3
Rules
Due to the extent and the steepness of the site subject to land clearance on
Totora Downs farm and that fact that it will not be re-established in woody
vegetation, the land clearing is a
restricted discretionary activity, requiring
consent under rule 4 of the Regional Soil Plan for the Wellington Region
(RSP).
Rule 7 of the RFP permits the taking and use of up to 20,000 litres of fresh
water per day at a rate of no more than 2.5 L/second. The applicant proposes
to abstract up to 2376L/day of freshwater at a rate of 33 L/second, which
exceeds the permitted volume. A resource consent is therefore required under
Rule 16 of the RFP, which classifies the take as a
discretionary activity.
Rule 47 of the RFP, allows the placement and use of any river crossing, which
is not a permitted activity as a
controlled activity, except for specified
watercourses. The culvert is located in an unnamed tributary of the
Wainuiomata River, which is not listed as an exception to the provisions of
Rule 47.
Rule 38 of the RFP allows for the extraction of gravel from a river bed on the
landowners property in quantities less than 50 cubic metres as a permitted
activity. However, the volume of gravel extraction proposed in this application
is greater than this quantity; therefore the application cannot be considered
under this rule. The applicable rule is rule 49, which encompasses all
remaining activities as
discretionary activity.
4.
Environmental effects
4.1
Existing environment
Two unnamed tributaries to Wainuiomata River have had culverts installed in
the stream bed. Culvert one is in ephemeral stream bed and culvert two is in a
wetland area, therefore neither require resource consents. Culvert three does
require consent to authorise the structure and enable ongoing maintenance as it
is in a permanently flowing tributary. The existing structure does not have a
secondary flow path. The tributary is a small, low flow, low velocity stream
with a silty substrate.
A 1.5km stretch of the Wainuiomata River runs through Totora Downs farm.
The river has a gravel substrate and is prone to blow-outs during high flow
events. The river under normal conditions has a mean flow of 2.37m3 per
second and most fertile and flat areas of the farm lie within the flood plains of
the river. The proposed 57 hectare irrigation area would significantly benefit
from an irrigation rate of 300m3/ha/week.
The vegetation to be cleared consists of native scrub, ferns and gorse. There is
an existing slip in the scrub-clad ‘Knob’ area, close to the area that the
applicant proposes to clear. This recent evidence suggests that clearing the
land and sowing it in pasture may not be sustainable. Once cleared, slips
would be more likely to occur in high rainfall events at the times when the soils
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are saturated and stock are sheltering in these proposed and existing cleared
areas. The land in question is classified as steep to very steep greywacke,
generally with a slope range of 21 to 35 degrees. The land is categorised as
‘slightly’ erosion prone.
Wainuiomata River is the down-stream receiving environment. According to
the GW freshwater fish database, there is a high probability of long finned eel
and brown trout being present immediately downstream of the works. Where
the culvert is located in the unnamed tributatary, there a high probability of
finding long-finned eel, inanga, brown trout and the common bully.
Wainuiomata River is noted in the RFP as being a waterbody with important
trout habitat. Trout spawning occurs between 31 May and 31 August;
therefore any works within the stream during these times are likely to have an
impact on this.
4.2
Actual and potential effects
4.2.1
Effects on water quantity
Water extraction poses risks to the flow levels of the Wainuiomata River. To
mitigate the potential adverse effects of a low residual flow, I have
recommended a condition that requires the applicant to reduce their rate of
abstraction when the water levels reach the first and second ‘Stepdown’
allocation levels, and cease water abstraction when flow in the Wainuiomata
River falls below the minimum flow level of 300L/sec as measured at the
Leonard Wood Park recording station. This would ensure that the life
supporting capacity of the Wainuiomata River is not adversely affected by the
abstraction.
4.2.2
Effects on water quality
The river works may cause some disturbance to the stream bed resulting in
sedimentation of the water.
There is also potential for contamination of groundwater as a result of
increased stocking intensity made possible by the proposed irrigation on the
river flats. Intensive farming is known to increase groundwater contamination
over the long term through concentrated urine patches. The applicant has
stated in their application that the rate of pasture irrigation will be limited to
less than 300m3 per ha per week. This rate is equivalent to the estimated
evapotranspiration rate per ha as calculated by the Ministry of Agriculture, and
is within the maximum 350m3 per hectare limit set out in the RFP. Therefore
the effect of irrigation to these pastures would only be to maintain the soil
moisture content during dry periods and the positive impact would of this
activity is healthy soil organic matter year round which would maximise the
additional nutrient uptake through increased pasture growth rates.
The combined adverse effects should be no more than minor.
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4.2.3
Effects on in-stream habitat / fish
Gravel extraction has potential to cause further problems down stream of the
works and if done without expertise, could cause river bends to blow-out
during flood events, causing significant sedimentation of the stream and bank
erosion.
There is potential for scour resulting from the placement of the culvert, along
with a disruption to fish passage. These issues have been already been
mitigated by the wing walls that were subsequently installed and the invert of
the culvert was installed below the stream bed to allow fish passage.
Bank protection measures can also cause erosion down stream of the works.
The potential for bank erosion will be mitigated by the applicant’s proposed
mass planting of willow poles for river protection purposes, which is a
permitted activity. River debris fences and other bank protection measures
may also be employed depending on the erosion protection requirements at the
time. These may be subject to additional consents depending on the scope,
scale and location.
I have also recommended conditions that require that applicant maintain any
erosion that occurs as a result of the works down stream, that the applicant
undertakes gravel extraction works outside of the trout spawning season, and
that that all river works must be approved by GW’s Flood Protection
department.
4.2.4
Effect of vegetation clearance
The erosion potential with the existing scrub cover is negligible, although there
is photographic evidence of this already occuring. When covered in pasture,
further small, isolated slips can be expected as a result of heavy rainfall. To
mitigate the above adverse effects from the 4.8 ha of land clearance already
undertaken, I have recommended conditions that require that applicant
maintain any erosion that occurs as a result of the land clearance.
I have recommended consent be granted for an additional 11ha of land
clearance on erosion prone land, provided the applicant prepares a planting
plan that meets the approval of GW’s Land Management Officer prior to the
land clearance being undertaken, that the area be re-vegetated with pasture as
soon as practicable following the land clearance and that the activity is
conducted in accordance with consent conditions.
4.2.5
Summary
I consider that the proposed activities overall have effects which are no more
than minor, and align with the principles of the RMA. The proposed works
and activities are considered necessary to protect the Totora Downs farm from
loss of land, the effects of flooding and ensure their economic wellbeing. The
works are therefore essential “to ensure people and communities can provide
for their social and economic wellbeing and their health and safety”.
Accordingly, the proposed works are consistent with the definition of
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‘sustainable management’ in the Resource Management Act 1991, and are
consistent with the overall purpose of the Act.
5.
Reasons for waiver of notification
I consider that notification under Section 93(1)(b) of the Act is not required, as
the effects of the proposed river bank protection works, maintenance and
installation of wing walls on the existing culvert, water extraction and land
clearance on the environment will be minor, as outlined in section 4 of this
report.
Section 94(2) of the Act provides that a consent authority is not required to
serve notice of an application under subsection (1) if all persons who, in the
opinion of the consent authority, may be adversely affected by the activity have
given their written approval to the activity.
Blake Abernethy has given written on behalf of Fish and Game for the
applicant’s proposal. His approval was received on 16 August 2006.
There are no other parties considered to be affected by the proposed works.
6.
Main findings
I recommend that the land use consent for land clearance be limited to a 10
year duration as it is on steep to very steep erosion prone land, and adverse
effects on hill stability are uncertain, just as the future of the farming operation
has been discussed as uncertain. For all other proposed activities, I consider
that:
1. The proposed activities are consistent with the Purpose and Principles of
the Resource Management Act 1991.
2. The proposed gravel extraction, water take and culvert maintenance are
consistent with the relevant objectives and policies of the Regional Fresh
Water Plan.
3. The proposed land clearance is not entirely consistent with the RSP;
however, the RSP acknowledges that landowner has the primary
responsibility for achieving sustainable land management.
4. The actual or potential adverse effects of the proposed activities on the
environment will be no more than minor.
5. Conditions of the consents will ensure that the adverse effects of the
activities on the environment will be appropriately avoided, remedied or
mitigated.
6. The proposal incorporates appropriate mitigation measures, to ensure the
adverse effects are no more than minor.
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6.1
Duration of consent
As the culvert is a permanent structure, I have recommended a duration of 35
years as provided by section 123(c) of the Act.
I recommend a duration of 10 years for the water permit as provided for by
section 123(c) of the Act. This time frame should balance the farm operation’s
need for economic certainty with the unknown future of water allocation in this
catchment. This timeframe is consistent with the duration of other consents
granted for activities of this nature.
I recommend a 10 year duration for the land use consent for extraction of
gravel from dry beaches in the Wainuiomata River, as provided by section
123(c) of the Act.
I recommend a 10 year land use consent to maintain the proposed vegetation
clearance on erosion prone land as provided for in section 123(b) of the Act.
7.
Monitoring
• The gravel extraction is considered to be an ongoing activity; therefore the
consent will be subject to annual compliance inspections.
• The land clearance is considered to be a non-standard activity, and
inspections for this activity will be undertaken in the first year after the
consent has been exercised and every 3 years thereafter.
• The water take is considered to be an ongoing activity subject to annual
compliance inspections.
• The culvert is considered to be a one-off activity and an inspection for this
activity will be undertaken during the first year the consent is exercised.
All monitoring will be charged in accordance with GW’s current charging
policy
Application lodged:
21/11/05
Application officially received:
16/08/06
Section 92 sent:
07/09/06
Section 92 received:
29/09/06
Applicant to be notified of decision by: 05/10/06
Applicant notified of decision on: 05/10/06
Time taken to process application:
20 working days
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8.
Attachment 1 WGN060129 [24901]
That under Sections 104A and 108 of the Resource Management Act 1991,
Shayne Edwards be granted the following non-notified consents:
Land use consent WGN060129 [24901]
To use and maintain a culvert in an
unnamed tributary of the Wainuiomata River, and the associated disturbance
of the bed of that stream at or about map reference NZMS 260:R27;699.826,
for a duration of 35 years, subject to the following conditions:
General standards and terms:
Standards
(1)
No contaminants (including but not limited to oil, petrol, diesel, paint
or solvent) shall be released to water from equipment being used for
the operation, and no refuelling of equipment shall take place on any
area of stream bed.
(2)
Any excess material from the construction operation shall be removed
from the stream bed and disposed of in an appropriate manner.
(3)
No works shall be carried out in the wetted channel during 31 May
and 31 August inclusive due to trout spawning season.
(4)
Fish passage shall not be impeded once the culvert is operational.
Terms
(1)
The consent holder shall notify the Manager, Environmental
Regulation, Wellington Regional Council, at least two working days
before any work commences.
(2)
A charge, set in accordance with section 36(2) of the Act, shall be
paid to the Wellington Regional Council for carrying out its functions
in relation to the administration, monitoring, and supervision of the
activity, and for carrying out its functions under section 35 (duty to
gather information, monitor and keep records) of the Act.
General conditions related to the matters over which the Wellington Regional
Council has exercised its control over:
(1)
The operation, maintenance and use of the culvert shall be in
accordance with the application received by the Wellington Regional
Council on 21 November 2006 and further information received on
19 January, 10 March and 26 April 2006.
(2)
The works shall remain the responsibility of the consent holder and
shall be maintained so that:
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(a)
Any erosion of the stream banks that is attributable to the
culvert structure is repaired by the consent holder;
(b)
The structural integrity of the culvert and bank remains
sound; and
(c)
The waterway of the culvert remains substantively clear of
debris.
Maintenance does not include any works outside of the scope of the
application. Any additional works (including structures, reshaping or
disturbance to the bed of the watercourse) following completion of the
construction works as proposed in the application, may require
further resource consents.
(3)
The consent holder shall pass a copy of this consent, including any
relevant site plans and attachments, to the contractor undertaking the
works authorised by this consent, prior to the works commencing.
(4)
A copy of this consent must be held on site while maintenance works
are occurring, for the duration of the works, and presented to any
Wellington Regional Council officer on request.
(5)
No works shall be carried out in the wetted channel during 31 October
to 31 January inclusive, which is the main juvenile native fish
(whitebait) migration season.
Sedimentation and turbidity
(6)
The consent holder shall take all practicable steps to minimise
sedimentation and increased turbidity of the stream during the
maintenance of the works, including:
a)
completing all works in the minimum time practicable;
b)
minimising the area of disturbance at all times;
c)
avoiding placement of excavated material in the wetted
channel;
d)
minimising time spent by machinery in the wetted channel,
and the number and frequency of machine crossings of the
wetted channel of the stream, to a practicable minimum at all
times.
(7)
All maintenance works shall be carried out during periods of low
stream flow.
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(8)
All works affecting the watercourse, including tidy up on completion
of the works, shall be to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
Machinery in/near water bodies
(9)
The consent holder shall ensure that:
a)
all machinery is thoroughly cleaned of unwanted vegetation
(e.g. weeds), seeds or contaminants prior to entering the site;
b)
all contaminant storage or re-fuelling areas are bunded or
contained in such a manner so as to prevent the discharge of
contaminants;
c)
all machinery is regularly maintained in such a manner so as
to minimise the potential for leakage of contaminants; and
d)
no machinery is cleaned, stored or refuelled within 10 metres
of any ephemeral or permanent watercourse.
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9.
Attachment 2 WGN060129 [24903]
Water permit WGN060129 [24903]
to take up to 33L/sec, 20 hours per day, 7
days per week, up to a maximum of 2376m3 of water per day, 30 weeks per
year from the Wainuiomata River for pastoral irrigation purposes between
map references NZMS 260:R27:703.831 and NZMS 260:R27;691.821, subject
to the following conditions:
(1)
The implementation and operation of the take shall be in accordance
with the application received by the Wellington Regional Council on
21 November 2006 and further information received on 19 January,
10 March and 26 April 2006.
Note: where there is a difference in information supplied to the
Wellington Regional Council, the most recent information applies.
Where there is a difference in information in the application and
conditions, the conditions prevail.
(2)
When the flow in the Wainuiomata River falls below 360 litres per
second at the Leonard Wood Park gauging site, the permit holder
shall adhere to the following restrictions on the rate of take from the
Wainuiomata River:
River flow (measured at Leonard
Allowed rate of take (L/s)
Wood Park) (L/s)
under WGN 060129 [24903]
>360
33
360 – 345
30
345 – 300
25
<300
0
(3)
The permit holder shall install a water meter at the point of take that
measures both cumulative water abstraction and the instantaneous
rate of take, and is capable of providing a pulse counter output. The
meter shall be calibrated to ensure that the standard error is within
+/- 5%. The meter shall be installed prior to the exercise of this
permit and in accordance with manufacturer’s specifications.
(4)
The permit holder shall record the volume of water taken in each week
that abstraction occurs and record the instantaneous rate of take once
each week. A copy of these records shall be forwarded to the
Manager, Environmental Regulation, Wellington Regional Council by
31 May each year for the duration of this consent.
(5)
All recording methods and procedures shall be to the specific
approval of the Manager, Environmental Regulation, Wellington
Regional Council.
(6)
The irrigation system shall be designed and maintained so that excess
water is not run to waste.
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WGN_DOCS-#363088-V1
(7)
The permit holder shall obtain approval from the Manager,
Environmental Regulation, Wellington Regional Council prior to any
modifications to the pump or irrigation system being made. Any
significant modifications may require you to apply for a variation of
consent conditions.
(8)
The permit holder shall ensure that the intake is screened with a
maximum mesh diameter of 3mm so that small fish, eggs and larvae
do not enter the intake.
(9)
Wellington Regional Council may review any or all conditions of this
consent by giving notice of its intention to do so pursuant to section
128 of the Resource Management Act 1991, at any time within three
months of 30 June each year for the duration of this consent, for the
purpose of:
a)
To ensure that the allocation and specified minimum flows
are consistent with the policies and rules of the RFP.
b)
To deal with any adverse effects on the environment which
may arise from the exercise of this consent, which is
appropriate to deal with at a later stage.
c)
To require the best practical option to remove or reduce an
adverse effect on the environment.
d)
To modify the monitoring programme or to require
additional monitoring if there is evidence that the current
monitoring requirements are inappropriate or inadequate.
(10)
Wellington Regional Council shall be entitled to recover from the
consent holder the costs of any review, calculated in accordance with
and limited to Wellington Regional Council’s Charging Policy
applicable at that time pursuant to Section 36 of the Resource
Management Act 1991.
Note: This resource consent does not guarantee that quantity or
quality of water will be maintained or available.
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10.
Attachment 3 WGN060129 [24936]
Land use consent WGN060129 [24936] To extract gravel from dry river
beaches in the Wainuiomata River and the associated disturbance of the bed of
the river, and to disturb the river bank to construct a stock and vehicle access
between map references NZMS 260: 703.831 and NZMS 260:R27;691.821 for
a 10 year duration, subject to the following conditions:
(1)
The location, design, implementation and operation of the works shall
be in accordance with the consent application and its associated plans
and documents, lodged with the Wellington Regional Council on
21 November 2006 and further information received on 19 January,
10 March, 26 April 2006 and 29 September 2006.
(2)
The consent holder shall limit the gravel extraction from this stretch of
river to 500m3 per annum for the first two years of this permit and up
to 100m3 per annum for the remaining duration of this consent.
(3)
The consent holder shall provide an annual report detailing the date
and amounts of gravel extracted on each occasion throughout the
current financial year by 30 June to the Manager, Environmental
Regulations, Wellington Regional Council.
(4)
The Manager, Environmental Regulations, Wellington Regional
Council, shall be given a minimum of two working days notice prior to
each occasion of the gravel extraction works commencing.
Note: for the purposes of this consent, ‘occasion’ is defined as each
single event of gravel extraction at each site.
(5)
The consent holder shall pass a copy of this consent, including any
relevant site plans and attachments, to the contractor undertaking the
works authorised by this consent, prior to the works commencing.
The consent holder shall verbally brief the contractors regarding the
conditions of consent, prior to works commencing.
(6)
A copy of this consent shall be held on-site for the duration of the
works, and be made available to any Wellington Regional Council
officer on request.
(7)
Works undertaken by the consent holder shall not result in the
diversion of the main flow of the Wainuiomata River.
(8)
The consent holder shall notify the Manager, Environmental
Regulation, Wellington Regional Council in writing of any complaints
relating to the exercise of this consent, within 24 hours, or the next
working day of being received by the consent holder. The consent
holder must include the following details:
a)
name and address of the complainant;
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WGN_DOCS-#363088-V1
b)
identification of the nature of the complaint;
c)
date and time of the complaint and of the alleged event;
d)
weather conditions at the time of the complaint; and
e)
any mitigation measures adopted.
(9)
The gravel extraction shall be from dry beaches only and all
extraction shall be taken from at least 0.1m (10 cm) above the water
level, as measured at the time of extraction.
(10)
The consent holder shall take all practicable steps to minimise
sedimentation and increased turbidity of the river when the extraction
is occurring, including:
a)
completing all works in the minimum time practicable;
b)
avoiding placement of excavated material in the flowing
channel;
c)
keeping machinery out of the actively flowing channel, as far
as practicable;
d)
undertaking works during times of low flow;
e)
minimising the number of vehicle crossings.
(11)
All excavated material shall be removed from the stream bed and
floodway at the end of each working day and stored away from water
bodies.
(12)
The consent holder shall ensure that:
a)
all machinery is thoroughly cleaned of unwanted vegetation
(e.g. weeds), seeds and contaminants away from water bodies
prior to starting works at a new site;
b)
no contaminants (including but not limited to oil, petrol,
diesel and hydraulic fluid) shall be released into water from
equipment being used for the works;
c)
no machinery is cleaned, stored or refuelled within 10 metres
of any water body; and
d)
all machinery is regularly maintained in such a manner so as
to minimise the potential for leakage of contaminants.
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(13)
In the event of a spill of fuel, hydraulic fluid, or other potential liquid
contaminants, immediate steps shall be taken to remove or contain the
spilled material. The consent holder shall notify the Manager,
Environmental Regulation, Wellington Regional Council immediately
following the initial mitigation measures.
(14)
The consent holder shall ensure that the works do not impede fish
passage. Any fish trapped or stranded by the works shall be
immediately relocated upstream into clear water.
(15)
The Wellington Regional Council may review any or all of the
conditions of this consent by giving notice of its intention to do so
pursuant to Section 128 of the Resource Management Act 1991, at any
time within six months of the 1st, 2nd, 4th, 6th, and 8th anniversary of
the date of commencement of this consent for any of the following
purposes:
a)
To deal with any adverse effects on the environment which
may arise from the exercise of this consent, and which it is
appropriate to deal with at a later stage; and
b)
To require the best practical option to remove or reduce an
adverse effect on the environment.
c)
To modify the monitoring programme or to require
additional monitoring if there is evidence that the current
monitoring requirements are inappropriate or inadequate.
(16)
Wellington Regional Council’s Flood Protection Department shall be
entitled to recover from the consent holder the costs associated with
the river works consultation process, calculated in accordance with
and limited the Wellington Regional Council’s Charging Policy
applicable at that time pursuant to Section 36 of the Resource
Management Act 1991.
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11.
Attachment 4 WGN060129 [24937]
Land use consent WGN060129 [24937]
To clear up to 11 hectares of
vegetation on erosion prone land for farming purposes between map references
NZMS 260: 703.831 and NZMS 260:R27;691.821 for a 10 year duration,
subject to the following conditions:
(1)
The location, design, implementation and operation of the works shall
be in accordance with the consent application and its associated plans
and documents, lodged with the Wellington Regional Council on
21 November 2006 and further information received on 19 January,
10 March and 26 April 2006, specifically including the map lodged on
29 September 2006 specifying the areas of vegetation that will be
cleared.
Note: where there is a difference in information supplied to the
Wellington Regional Council, the most recent information applies.
Where there is a difference in information in the application and
conditions, the conditions prevail.
(2)
The consent holder shall pass a copy of this consent, including any
relevant site plans and attachments, to the contractor undertaking the
works authorised by this consent, prior to the works commencing.
(3)
At least 4 weeks prior to exercising this consent, the consent holder
shall develop a tree planting proposal in consultation with Wellington
Regional Council’s Land Management Officer, focussing on
maintaining slope stability on the cleared land. The proposal shall
meet the approval of the Manager, Environmental Regulation, prior to
any clearance occurring.
(4)
The Manager, Environmental Regulation, Wellington Regional
Council, shall be given a minimum of 48 hours notice prior to the
works commencing.
(5)
The Wellington Regional Council may review any or all conditions of
this consent by giving notice of its intention to do so pursuant to
section 128 of the Resource Management Act 1991, at any time within
three months of the 30 June each year for the term of this consent, for
the purpose of:
(a)
Dealing with any adverse effects on the environment which
may arise from the exercise of this consent, which is
appropriate to deal with at a later stage.
(b)
To require the best practical option to remove or reduce an adverse effect on the environment.
WGN060129
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PAGE 19 OF 20
(c)
To modify the monitoring programme or to require
additional monitoring if there is evidence that the current
monitoring requirements are inappropriate or inadequate.
(6)
Wellington Regional Council shall be entitled to recover from the
consent holder the costs of the conduct of any review, calculated in
accordance with and limited to that Council’s scale of charges in
force and applicable at that time pursuant to Section 36 of the
Resource Management Act 1991.
(7)
On all areas of vegetation clearance where sediment laden water
may enter a watercourse, appropriate erosion and sediment controls
are to be in place before earthworks commence, and only be
removed after the site has been fully stabilised to protect it from
accelerated erosion.
For the purposes of this condition “stabilised” means inherently
resistant to erosion or rendered resistant, such as by using indurated
rock or by the application of basecourse, colluvium, grassing, mulch,
or another method to the reasonable satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council and as
specified in the Erosion and Sediment Control Guidelines for the
Wellington Region, September 2002. Where seeding or grassing is
used on a surface that is not otherwise resistant to erosion, the
surface is considered stabilised once, on reasonable visual
inspection by the Manager, Environmental Regulation, Wellington
Regional Council, 80% vegetative ground cover has been
established.
(8)
The consent holder shall maintain a 10m riparian margin of existing
native scrub on each side of all gullies which lie within the proposed
clearance areas. These riparian margins shall be maintained for the
duration of the consent.
(9)
No contaminants (including, but not limited to, oil, petrol, diesel,
hydraulic fluid) shall be released to water land from equipment being
used for the activity and no refuelling of equipment shall take place on
any area of stream bed.
(10)
The consent holder shall ensure that no slash, vegetation, soil or other
debris enters any watercourse. Cleared areas should be re-vegetated
/ regrassed / replanted within six months of land clearance.
12.
Reason for conditions
Adherence to the above conditions for resource consent WGN060129 [24901]
[24903] [24936] and [24937], should ensure that the proposed works and
existing structures on Totora Downs will have no more than a minor effect on
the stream environment and hillside stability.
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