Non-notified resource consent application
report and decision
Summary of decision
File Reference:
WGN170076
Date Granted:
31 October 2017
Applicant:
Benge Est Limited (C/- Shayne Edwards)
Decision made under:
Section 104B and 108 of the Resource Management Act
1991 (the Act)
Consents Granted:
Operative Regional Plans [34330]: Discretionary activity
Land use consent - river bed disturbance in the
Wainuiomata River associated with gravel extraction.
[
34331]: Discretionary activity
Water permit – surface water take from the Wainuiomata
River for irrigation purposes.
Proposed Natural Resources Plan
[34330]: Discretionary activity
Land use consent - river bed disturbance in the
Wainuiomata River associated with gravel extraction.
[
34331]: Restricted discretionary activity
Water permit – surface water take from the Wainuiomata
River for irrigation purposes.
Activity:
To disturb the river bed of the Wainuiomata River for the
purposes of extracting gravel to be used on farm tracks,
and to take and use water from the Wainuiomata River for
the irrigation of crops and pasture.
Location:
Wainuiomata River, 1044 Coast Road, Wainuiomata
Map Reference:
At or about map reference
NZTM 1759536.5420745
Legal Description:
Lot 2 DP 380969
Duration of Consents:
Water permit [34331]: 10 years to expire on 31 October
2026
Land use consent [34330]: two years to expire on
31 October 2018
Consent conditions:
Attachment 1
Processing timeframes:
Application lodged:
29/09/16
Application officially received:
30/09/16
Applicant to be notified of decision by: 31/10/16
Applicant notified of decision on: 31/10/16
Time taken to process application:
20 working days
Decision:
Decision
Heidi
Resource Management
recommended by:
Andrewartha
Consultant
Decision peer
Kirsty van
Resource Advisor,
reviewed by:
Reenen
Environmental
Regulation
Decision approved Jeremy
Team Leader,
by:
Rusbatch
Environmental
Regulation
Reasons for decision report
1.
Background and proposal
1.1
Background
The applicant has applied for a land use consent to extract gravel from the bed
of the Wainuiomata River, and also a water permit to extract water from the
Wainuiomata River to irrigate crops and pasture. The gravel will be used in the
maintenance of farm tracks.
The application is a renewal of two previous consents for similar activities
(WGN060129 – [24903] water permit and [24936] gravel extraction). Both of
these consents expired on 2 October 2016.
Consent WGN060129 [24936] gave approval to extract gravel at the rates of up
to 500m3 per year for the first two years and 100m3 per year thereafter, from
dry beaches in the Wainuiomata River and the associated disturbance of the
bed of the river.
Consent WGN060129 [24903] gave approval to take up to 33 litres/second
(l/s), 20 hours per day, 7 days per week, 2,376m3/day, 30 weeks per year from
the Wainuiomata River for farm irrigation purposes. This equated to
498,960m3/year.
1.2
Gravel extraction methodology
The applicant proposes to continue extracting gravel from several dry beaches
along the Wainuiomata River during low flow periods (summer months). This
will occur on beaches within the applicant’s property (Lot 2 DP 380969) – see
Figure 1 below. They propose to extract 150m3 per year until 2017.
The works will be undertaken by an excavator, tractor and trailer (owned by
the applicant). It is proposed that the material will be taken and used when and
where required for maintaining existing farm tracks. As such, stockpiling of the
gravel is not proposed.
On completion of gravel extraction, the applicant proposes to contour the area
back to a natural state. No proposed gravel extraction will occur in the wetted
channel, nor is it proposed that any machinery will enter the wetted channel
(except for machinery to cross the river to get to the gravel extraction bed on
the other side).
1.3
Surface water take details
The proposal is to continue taking surface water from the Wainuiomata River
at the following rates:
Take water at maximum rates of 33 (l/s), up to 20 hours per day
(2376m3/day) and 132 days per year (315,000m3/year).
It is noted the applicant has agreed to revise the annual volume to be taken to
ensure efficient use of water (refer section 5.3). As such, they have reduced the
previously consented annual volume of 498,960m3/year to 315,000m3/year.
170076-788878747-28
PAGE 1 OF 26
It is also noted that the applicant states that the existing irrigation equipment is
only capable of taking 24 l/s. However they seek to maintain the previously
consented maximum rate of 33 l/s as they intend to upgrade the existing
equipment, or install a second pump.
The applicant proposes to irrigate 4-10ha of crops and 50ha of pasture.
Irrigation takes place by way of spray irrigation (travelling irrigator).
The applicant uses a portable, screened intake structure which allows the river
bank to remain clear of the structure when irrigation is not in use. There is a
permanent delivery headworks containing valving and metering at points
adjacent to these intake areas.
Figure 1: Location of proposed works
PAGE 2 OF 26
170076-788878747-28
2.
Reasons for resource consent
2.1
Operative Regional Plans
RMA
Plan
Rule
Status
Comments
section
13
Regional
38
Permitted
Rule 38 allows for minor extraction of
Freshwater
gravel from a river bed as a permitted
Plan
49
Discretionary activity as long as it is less than
15m3/year for an individual’s
reasonable domestic needs or
50m3/year for the reasonable on
property needs of a land owner on
whose property the river bed lies. In
this case the applicant intends to
extract 150m3/year until the end of
2017. As such, the activity falls as a
discretionary activity under rule 49.
14
Regional
7
Permitted
The application involves the taking and
Freshwater
use of more than 20,000 litres per day
Plan
16
Discretionary and the abstraction of water at a rate
of more than 2.5 litres/second and
therefore requires consent
The Wainuiomata River is listed in Appendix 4 of the RFP as having important
trout habitat including spawning areas. It is also listed in Appendix 5 as having
regionally important amenity and recreational values – specifically for angling,
and Appendix 7 as having water quality needing enhancement for aquatic
ecosystem purposes, contact recreation purposes and fishery purposes.
2.2
Proposed Natural Resources Plan
The Proposed Natural Resources Plan (PNRP) was publicly notified by the
Council on 31 July 2015. All rules in the PNRP have immediate legal effect
under section 86B(3) of the Act. As the application was lodged after
31 July 2015, the PNRP is relevant to determining the resource consents
required, activity status, the notification decisions and the substantive
assessment of the proposal under section 104 of the Act.
RMA
Rule
Status
Comments
section
13
R120
Permitted
Minor gravel extraction is permitted under Rule R120
as long as it accords with a number of conditions
129
Discretionary including that it is less than 15m3/year for an
individual’s reasonable needs or 50m3/year for use
on the property on which the river bed occurs or is
adjacent to. In this case the applicant intends to
extract 150m3/year until the end of 2017. As such,
the activity falls as a discretionary activity under rule
R129.
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PAGE 3 OF 26
RMA
Rule
Status
Comments
section
14
136
Permitted
The application involves the taking and use of more
than 2.5 litres/second and therefore does not meet
WH.R1
Restricted
the permitted activity standards in Rule R136.
discretionary The taking of water is a restricted discretionary
activity under Rule WH.R1. The matters of discretion
under Rule WH.R1 that are relevant to this
application are:
The reasonable and efficient use of water
The timing, amount, and rate of taking water
including instantaneous (L/s), daily (m3/day)
and seasonal requirements and duration and
timing of peak daily take rate
Interference effects on existing lawful water
takes
Effects due to local flow or water level
depletion on wetlands, springs or the
downstream river reach in the same
catchment management unit
Reduction in the rate of take from surface
water at times of low flow and restrictions
when rivers approach or fall below the
minimum flows
Measuring and reporting, including the
guideline in Schedule S (measuring takes)
Preventing fish from entering water intakes
The proposal activity is located in the Wainuiomata River. This is listed in the
following Schedules of the PNRP:
Schedule I – Important trout fishery river and spawning area
Schedule C4 – the river mouth and foreshore are listed as a site of
significance to Taranaki Whanui kit e Upoko o te Ika a Maui. This is
at least 4-5 km away from the application site.
Schedule F1 – Significant indigenous ecosystems
Schedule H1 – Regionally significant primary contact recreation water
body
Schedule H2 – Priority for improvement of water quality for contact
recreation and Maori customary use (primary contact)
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2.3
Overall activity status
Overall, the activity must be assessed as a discretionary activity under the
operative Regional Freshwater Plan and a discretionary activity under the
Proposed Natural Resources Plan.
The most stringent activity class applies for the activities proposed – which in
this case is a discretionary activity class.
3.
Consultation
Iwi authority
Comments
Port Nicholson Block
No opposition to proposal as it is renewing an existing take.
Settlement Trust
Ngati Toa Rangatira
No comment provided, therefore it is assumed they have no
concerns.
Other parties or persons Comments
James Flanagan (GW
No issues with the application and the area is not within a Flood
Flood Engineer, Flood
Scheme administered by GWRC.
Protection)
4.
Notification decision
A decision was made to process the application on a non-notified basis on
27 October 2016. Further information on the notification decision is provided
in document # 170076-788878747-33.
5.
Environmental effects
This section provides an assessment of the effects of the proposed activity on
the environment. Information has been drawn from the application provided by
the applicant and other information sourced during the processing of the
application.
5.1
Effects on surface water allocation
5.1.1
Under the operative RFP
The operative RFP (Policy 6.2.1 (2)) specifies a core allocation limit of 65 l/s
for the lower Wainuiomata River. There is only one take from the lower
Wainuiomata River – that being the applicant’s previous consent. As such, the
continuation of the proposed take at 33 l/s would be within the core allocation
limit of 65 l/s identified in the RFP.
5.1.2
Under the PNRP
Under the PNRP the Wainuiomata River and its tributaries have a core
allocation amount specified of 180 l/s. It is noted that this core allocation
amount includes both the upper and lower Wainuiomata River. In the upper
catchment, GWRC hold several large water take consents for public water
supply. As a result of this, currently the Wainuiomata River is 630.9%
allocated (the core allocation limit has been exceeded).
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PAGE 5 OF 26
Despite this, policy WH.P2 states that the take and use of water within any
specific catchment management unit, should not exceed whichever is the
greater of:
The total amount allocated by resource consents (at the date the
consent application is lodged), or
The allocation amounts specified in Tables 8.2 and 8.3.
In this case, the applicant is not proposing to increase the rate of take – in fact
they are reducing the total annual volume previously consented. The amount
requested is therefore within existing consented limits and the total amount
allocated by resource consents. As such, it will accord with Policy WH.P2 of
the PNRP and is considered acceptable.
I am satisfied that the environmental effects from surface water allocation can
be appropriately managed through the recommended consent conditions in
Attachment 1.
5.2
Effects on surface water and minimum flows
The previous water permit had the following restriction regime in place (by
way of conditions of consent):
Flow in Wainuiomata River at Allowed rate of take
Leonard Wood Park recorder
More than 360 litres/second
33 litres/second
360-345 litres/second
30 litres/second
345 – 300 litres/second
25 litres/second
Less than 300 litres/second
Take shall cease
I consider that the applicant must cease taking water from the river when river
levels fall below 300 l/s. This is in line with policy 6.2.1(1) of the RFP and
policy WH.P1 of the PNRP. This, if adhered to, will ensure water quality is
maintained and ecological habitat in the river is adequately protected.
The RFP requires that the first stepdown allocation for the lower Wainuiomata
River should be 60 l/s (when the river is below 360 l/s), and the second
stepdown allocation should be 50 l/s (when the river is below 345 l/s). There is
only one direct surface water take from the Wainuiomata River (the
applicants). As such, their proposed take of 33 l/s is below both stepdown
allocations (of 60 l/s and 50 l/s). It could therefore be argued that these are not
relevant at the current time.
Furthermore, the PNRP has no step down allocations in place for the
Wainuiomata River. I therefore consider that stepdown allocations are not
required for this water take, however a cease take should remain in place.
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170076-788878747-28
I am satisfied that the environmental effects on surface water can be
appropriately managed through the recommended consent conditions in
Attachment 1.
5.3
Reasonable and efficient use of water
Policy 6.2.6 of the Operative Freshwater Plan states that water is to be
allocated for irrigation purposes to a maximum rate of 350m3/ha/week. The
applicant proposes to take up to 16,632m3/week to irrigate 50ha of pasture and
4-10ha of crops (green feed). This equates to an irrigation rate of
approximately 277m3/ha/week (including the crop irrigation)1. This is less than
the maximum application rate of 350m3/ha/week specified in the RFP.
The Irrigation Reasonable Use Database (Irricalc) is an online tool used to
calculate irrigation requirements. The crop, plant available water, irrigation
method and climate information for the particular site are put into the tool and
a daily and annual volume is calculated for the site. I have used irricalc to
calculate the irrigation requirements under the proposed regime.
The daily volume estimated by Irricalc is 3,180m3/day and the annual volume
is 315,000m3/yr. As such, the daily volume of water to be taken by the
applicant is less than what Irricalc states to be a reasonable use.
With regard to the annual volume of water to be taken, the previous consent
gave approval for 498,960m3/year. This is a lot higher than what Irricalc
recommends as the annual volume (315,000m3/year). The applicant has agreed
to reduce their annual volume from what was previously consented, to what
has been predicted by irricalc.
Should more water be needed at some future date the applicant will be able to
apply for a change of consent conditions. A reasonable and efficient use
assessment would need to accompany the change of conditions application.
I am satisfied that the applicant’s proposed daily and annual is an efficient use
of water.
5.4
Alternative options for water take
Policy 6.2.7 of the RFP encourages users to take water from groundwater as an
alternative to surface water. Under the PNRP the take is not located in a
specified groundwater management unit. However due to the proximity to the
Wainuiomata River, any groundwater take is likely to have a direct connection
with the river itself. Furthermore, the applicant already has a high level of
investment in the existing irrigation systems and the costs of installing a new
bore are considered impractical. As such, it is considered the surface water take
is acceptable.
1 The irrigation rate based solely on irrigation of 50ha of pasture is 333m3/ha/week.
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PAGE 7 OF 26
5.5
Gravel extraction
The extraction of gravel is used both to improve the flood-carrying capacity of
rivers by reducing the build up of gravel within the flood channel, and to
source aggregate. However, over-extraction can destabilise channels and
banks, and/or affect the ecologic functioning of rivers, particularly if
undertaken at the wrong time, the wrong place, or in a way that damages the
river bed or margins.2
The potential impacts of over extracting gravel are well known (e.g. Kelly et al.
2005; Rinaldi et al. 2005) and include (but not limited to): bed degradation and
consequent effects on channel and bank stability, increased sediment loads,
decreased water clarity and sedimentation, changes in channel morphology and
disturbance of ecologically important roughness elements in the river bed,
ecological effects on bird nesting, fish migration, and other instream aquatic
species.3
To mitigate the effects of gravel extraction, regard must be given to the
sustainable rate of extraction, the manner in which gravel is extracted and the
specific sites from whence it will be extracted.
The application site has a 1.8km stretch of the Wainuiomata River running
through it. It is proposed to extract gravel from three existing unconnected
beaches within this stretch (shown on the photographs submitted with the
application and on Figure 1 above).
The applicant has stated that no machinery will enter the wetted channel and no
gravel will be taken from the wetted channel. As such, there will be less than
minor adverse effects pertaining to sedimentation in the river. Although some
loose sediment may be left on the beaches following extraction, this is
considered to be minimal and will wash downstream during flood flows when
the water already contains high levels of sediment.
It is noted that the Wainuiomata River is not listed in Schedule F2a as having
habitat for indigenous bird species. Furthermore, as the gravel extraction will
occur on the dry river beaches only, there will be less than minor effects on
instream aquatic species (including trout) and fish migration. Despite this, a
condition of consent will ensure works take place outside of the peak spawning
and migration periods for native fish species (in line with Department of
Conservation Requirements)4.
I therefore consider that with the conditions of consent mentioned above, there
will be less than minor adverse effects pertaining to sedimentation of the
Wainuiomata River, and on trout and other aquatic species.
2 Management of gravel extraction by Nelson City Council. Report produced for Nelson City Council by L. R. Basher of Landcare Research. June
2006
3 Management of gravel extraction by Nelson City Council. Report produced for Nelson City Council by L. R. Basher of Landcare Research. June
2006
4 This is a requirement from DOC listed in the Memorandum of Understanding between GWRC and DOC for gravel extraction on rivers listed in
Schedule F1 of the PNRP.
PAGE 8 OF 26
170076-788878747-28
5.6
Potential flooding effects
Gravel extraction has potential to cause further problems downstream of the
works, and if done without expertise, could cause river bends to ‘blow-out’
during flood events, causing significant sedimentation of the river and bank
erosion. It also has the potential to affect existing Flood Protection Schemes
that are administered by GWRC.
I have consulted James Flanagan (GWRC Flood Protection) with regards to the
proposed gravel extraction. He has stated that the proposed area for gravel
extraction is outside of the area that they manage for flood protection purposes
and that there is no scheme in place at that location. He also states that the
areas identified for ongoing gravel extraction are well established gravel/sand
beaches and the extraction volumes are reasonable (as such there is a sufficient
volume of alluvial material available). As the extraction will occur in the dry
on well-established beaches, he does not believe there will be any downstream
effects such as erosion or scour.
Gravel should be extracted in such a way to keep the beach at an even grade
and to ensure a new channel is not created from the extraction. I have
recommended conditions of consent to ensure appropriate extraction and
rehabilitation methods are implemented. I note that the applicant has stated that
there will be no stockpiling of gravel on the beaches as material will only be
taken when it is required. Following extraction of gravel the beaches will be
contoured back to their natural state.
I therefore consider there will be less than minor effects pertaining to flooding,
erosion and scour resulting from the proposed gravel extraction. Standard
conditions of consent pertaining to extraction from the beaches only and not
leaving stockpiles on the beaches will apply.
5.7
Summary of effects
Given the assessment above, it is considered that the proposed activity will not
result in any more than minor effects when undertaken in accordance with the
recommended consent conditions.
6.
Statutory assessment
6.1
Part 2
Part 2 of the Act outlines the purposes and principles of the Act. Section 5
defines its purpose as the promotion of the sustainable management of natural
and physical resources. Sections 6, 7 and 8 of Part 2 define the matters a
consent authority shall consider when achieving this purpose.
I am satisfied that the granting of the application is consistent with the purpose
and principles in Part 2 of the Act.
6.2
Matters to be considered – Section 104-108
Section 104-108 of the Act provides a statutory framework in which to
consider resource consent applications. All relevant matters to be considered
for this application are summarised in the table below:
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PAGE 9 OF 26
RMA
Matter to consider
Comment
section
104(1)(a)
Actual or potential effects
See Section 5 of this report.
on environment
104(1)(b)(ii)
Other Regulations –
Standard conditions for water take consents
Measurement & Reporting
meet the minimum requirements of these
of Water Takes 2010
Regulations.
I note that that GWRC’s Compliance
Monitoring Strategy requires real time
telemetry and data loggers for water takes
within the Wainuiomata surface water
management zone.
104(1)(b)(iii) National Policy Statement
The NPSFM is given effect to through
for Freshwater
transitional policy 6.2.4A in the RFP (see
Management 2014
below).
104(1)(b)(v)
Regional Policy Statement I consider that, with the application of the
recommended conditions of consent, the
proposed activity is consistent with the RPS.
Objective/Policy
Comment
40, 43
The water take is limited to a specific amount
of water which will allow sufficient water to
maintain aquatic ecosystem health and
functioning.
Gravel extraction will occur on dry beaches
only, ensuring aquatic ecosystem health and
functioning is maintained.
41
One of the primary effects of gravel extraction
is sedimentation of waterways. However as
extraction will not take place in the wetted
channel, I consider there will be less than
minor effects pertaining to sedimentation.
44
These policies aim to manage water takes to
ensure efficient use. The applicant has agreed
45
to reduce the annual amount of water to be
taken to meet with volumes calculated by the
irricalc model. I consider the volume of water
applied for to be efficient given its end use.
48
Neither Te Runanga o Toa Rangatira or Port
Nicholson Block Settlement have raised
49
concerns regarding the water take and the
gravel extraction.
104(1)(b)(vi)
Operative Regional
I consider that, with the application of the
Freshwater Plan
recommended conditions of consent, the
proposed activity is consistent with the
Regional Freshwater Plan.
Objective/Policy
Comment
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RMA
Matter to consider
Comment
section
Objective 4.1.1 and policy
These provisions aim to maintain tangata
4.2.1, policy 6.14, 7.2.2
whenua’s relationship with freshwater.
The consent application has been sent to
relevant iwi authorities for consideration.
Neither parties raised any objections to the
application.
Objective 6.1.1 and policy
This policy and objective aim to allow people
6.2.1
to take and use surface water whilst
maintaining water levels in the river.
The proposed application will enable the
applicant to take and use water for the
irrigation of horticulture and pasture.
Conditions of consent will ensure the applicant
ceases the water take in time of low flows.
This will ensure flows maintain the natural and
amenity values on the river.
Objective 6.1.3 and
These provisions aim to ensure water takes
policies 6.2.18 and 6.2.19
are reasonable given their intended use and to
promote water conservation. I have assessed
the application against policy 6.2.6 of the RFP
and consider the applicant’s proposed water
take to be reasonable given its use and
proposed area of land to be irrigated.
It is also noted that the applicant has agreed to
reduce the annual volume of water to be taken
in accordance with irricalc models.
Policies 6.2.6 and 6.2.18
This policy aims to manage water takes to
ensure efficient use. The applicant has agreed
to reduce the annual amount of water to be
taken to meet with the irricalc model.
I consider the volume of water applied for to
be efficient given its end use.
Policy 6.2.4A
The application is to continue an established
activity, albeit at a reduced annual rate of take.
As discussed in Section 5 of this report, the
adverse effects are no more than minor.
Therefore, policy 6.2.4A does not relate to this
proposal. I consider the application to be
consistent with the objectives and policies of
the NPSFM.
Policy 6.2.7
The surface water take is likely to be similar in
nature to a groundwater take in this area as
groundwater is likely to have a direct hydraulic
connection with surface water.
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PAGE 11 OF 26
RMA
Matter to consider
Comment
section
Policies 4.2.9, 4.2.11, 7.2.2 As the gravel extraction will take place on the
dry beaches only, there will be less then minor
effects on aquatic habitats and freshwater
ecosystems, water quality and natural flow
characteristics.
Policy 7.2.1
The extraction of gravel is permitted under this
policy providing adverse effects are avoided,
mitigated or remedied. As stated above, there
are considered to be less than minor adverse
effects.
Policy 7.2.11
The Wainuiomata River is not identified as an
area with indigenous bird species. However a
condition of consent will require beaches to be
checked prior to gravel extraction.
Policy 7.2.13
GWRC Flood Protection does not consider the
amount of gravel to be extracted from the well-
established river beaches, will result in any
increase to flood/erosion hazards.
Proposed Natural
I consider that, with the application of the
Resources Plan
recommended conditions of consent, the
proposed activity is consistent with the
Proposed Natural Resources Plan.
Objective/Policy
Comment
Objectives O4, O5, O23,
A minimum river level will be maintained by
O24, O25, O30, O35,
way of a cease take condition. This will
Policies P10, P31, P33,
safeguard aquatic ecosystem health,
P40, P122, WH.P1
safeguard trout habitat, provide for contact
recreation and ensure the intrinsic values of
the river are protected. It will also ensure the
water quality in the river is maintained.
Objective O52, Policy
The water take is efficient and reasonable.
P118,
Objective O8 and Policy
The benefits of using the water will be the
P7
growing of pasture/crops to feed stock in a
farming operation.
P107, P111, WH.P1,
The take and use of water from the
WH.P2
Wainuiomata River will ensure minimum flows
are maintained. Although the Wainuiomata
River is currently over allocated, the proposed
water take is within the requirements of policy
WH.P2 as it does not exceed the total amount
allocated by existing resource consents.
P110
The proposal is in line with the NPS for
freshwater management.
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170076-788878747-28
RMA
Matter to consider
Comment
section
Objective O2
The extraction of gravel will be used for farm
tracks, thereby aiding in the economic
development of the farm.
Objectives O4, O5, O17,
Gravel extraction will not impact upon the
O23, O25, O30, Policies
intrinsic values of the Wainuiomata River,
P4, P25, P31, P40, P105
water quality, trout habitat or aquatic
ecosystem health as the works will take place
outside of the wetted channel. Furthermore,
the beaches are well established and there is
sufficient gravel available for extraction without
having more than minor effects on natural
character.
Objective O9, O24, Policy
Although gravel extraction may impede
P10,
recreational users of the river (anglers), it will
only occur on a temporary basis and there will
be other parts of the river available for fishing.
Furthermore, as the extraction will take place
in the dry, water quality will be maintained.
Objective O14, Policy P17, Maori relationships are recognized and
P19
relevant iwi authorities have raised no
objections to the applications.
Policies P97, P103
As the gravel extraction will occur on the dry
beaches, there will be less than minor effects
pertaining to sedimentation of the
Wainuiomata River. The extraction will occur
from well-established beaches and will not
result in an increase in flooding or erosion.
104(1)(c)
Any other matter
There are no other matters relevant to this
application.
104(2A)
Value of investment for
I have considered the value of existing
existing consents
investment associated with this application.
108
Conditions on resource
Standard conditions of consent for this activity
consents
type are recommended. Any additional
conditions are outlined in Section 5 of this
report. All conditions are documented in
Attachment 1 to this report.
6.3
Weighting of the Proposed Natural Resources Plan
As the conclusion reached under the operative Regional Freshwater plan
assessment is consistent with that reached under the Proposed Natural
Resources Plan there is no need to undertake a weighting exercise between the
two Plans.
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7.
Main findings
In conclusion:
1.
The proposed activities are consistent with the Purposes and
Principles of the Resource Management Act 1991.
2.
The proposed activities are consistent with the relevant objectives and
policies of the Regional Policy Statement and the Operative Regional
Freshwater Plan and the Proposed Natural Resources Plan, NPS for
Freshwater
Management
and
the
Resource
Management
(Measurement and Reporting of Water Takes) Regulations 2010.
3.
The actual or potential adverse effects of the proposed activity on the
environment will be or are likely to be no more than minor.
4.
Conditions of the consent(s) will ensure that the effects of the activity
on the environment will be appropriately avoided, remedied or
mitigated.
5.
The proposal incorporates appropriate mitigation measures, to ensure
the adverse effects are or are likely to be no more than minor.
8.
Duration of consent
I propose to grant the water permit for approximately 10 years to expire on
31 October 2026. This is consistent with other water takes in the Wellington
Region.
I propose to grant the land use consent for gravel extraction for two years. The
applicant seeks to extract gravel until the end of 2017. As such, the proposed
expiry date allows for some additional time to extract gravel if it should be
required due to unforeseen circumstances. As such, the expiry date will be
31 October 2018.
9.
Monitoring
The following compliance monitoring programme will be undertaken during
the consent term:
Annual assessment of water use records (it is noted that there is a
mechanical meter set up on the mobile unit which was verified on
17 February 2015)
A recommended condition of consent will require the consent holder
to take a series of photographs of the site (pre-extraction), during the
extraction activity and photographs of the site following completion of
the extraction for each extraction site. A condition will require the
consent holder to forward a copy of the photographs as well as the
record of the volume extracted to GWRC within one week of the
photographs being taken. This will enable compliance with the
consent conditions to be assessed for the term of this consent.
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Charges relating to this monitoring programme are outlined in the cover letter
enclosed with this report.
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PAGE 15 OF 26
Attachment 1: Consent conditions
Consent 34331: Water permit to extract surface water from the Wainuiomata
River for irrigation purposes.
General condition
1.
The location, design, implementation and operation of the take shall be in
general accordance with the consent application and its associated plans and
documents lodged with the Wellington Regional Council on 29 September
2016 and further information received on 26 October 2016.
Where there may be contradiction or inconsistencies between the application
and further information provided by the applicant, the most recent information
applies. In addition, where there may be inconsistencies between information
provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters,
implementation and/or operation may require a new resource consent or a
change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
This consent will lapse in three years from commencement unless given effect
to prior to that date.
Rate and point of take
3.
The rate at which water is taken from the Wainuiomata River
at or about
approximate map reference NZTM: 1759536.5420745,
shall not exceed
315,000m3/year, at 2376m3/day at a maximum pumping rate of
33 litres/second.
Note: This equates to 20 hours/day and 132 days/year based on the maximum
pumping rate.
Water measuring device/system
4.
The consent holder shall maintain a water meter (water measuring device) that
measures all water authorised under this consent and meets the following
requirements:
Sealed and tamper proof
Installed within 20 metres of the point of take unless an exception is
granted by the Manager, Environmental Regulation, Wellington
Regional Council, under section 10 of the Resource Management
(Measurement and Reporting of Water Takes) Regulations 2010
Measures cumulative water abstraction in m3
Measures instantaneous water abstraction in litres/second
Can measure the volume of water taken to within +/- 5% of the actual
volume taken.
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Resistant to corrosion and fogging
Capable of being fitted with an electronic datalogger, has a suitable
output signal and has suitable data transfer ports
Be installed in accordance with industry best practice based on the
Water Measurement Accreditation Programme. Be installed and
maintained by a suitably qualified person
The above requirements shall all be to the satisfaction of the Manager,
Environmental Regulation.
The water meter shall be installed
prior to the commencement of the take.
5.
The consent holder shall install a datalogger and telemetry unit on the water
measuring device that is compatible with Wellington Regional Council’s Water
Use Data Management System by
31 December 2016. The data logger and
telemetry unit shall as a minimum record date and time stamped cumulative
meter readings at a minimum of 15 minute intervals.
Accuracy and verification of the water measuring device/system
6.
The consent holder shall verify the accuracy of the water measuring
device/system required under conditions 4 and 5
by 17 February 2020 and
then at least
every five years and as directed by the Manager, Environmental
Regulation, Wellington Regional Council for the duration of this consent to
determine if the actual volume of water taken is within +/- 5%.
Any verification of the water measuring device/system under this condition
must be performed by a suitably qualified person, and to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council.
Within
one month of any verification being undertaken on the water
measuring device/system, the consent holder shall submit to the Manager,
Environmental Regulation, Wellington Regional Council, a copy of the
verification certificate/and or evidence documenting the calibration as
completed by the person who undertook the verification.
Note: Direction from the Manager, Environmental Regulation, Wellington
Regional Council to undertake additional verification may be given in the
event reasonable grounds are established which highlight that the water
measuring device/system may be inaccurate. Reasonable grounds includes (but
is not limited to) the water measuring device/system not been installed to
Irrigation New Zealand’s best practice standards.
Keeping and supplying records
7.
The consent holder shall record cumulative water meter readings (in m3) of the
water meter at a minimum interval of 15 minutes. These records shall be
submitted automatically to Wellington Regional Council’s Water Use Data
Management System for the duration of this consent
.
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PAGE 17 OF 26
Low flow conditions
8.
When the flow in the Wainuiomata River at Leonard Wood Park Recorder falls
below 300 litres/second the water take shall cease.
Note: The stream flow data for the Wainuiomata River can be accessed at
Wellington Regional Council’s website (www.gw.govt.nz). It is the consent
holder’s responsibility to regularly check the website to ensure compliance
with this condition.
Irrigation system
9.
The irrigation system shall be designed and maintained so that water is not run
to waste.
Intake structure
10.
The intake structure must be screened with a maximum mesh diameter of 3mm
to prevent small fish, eggs and larvae from entering the intake.
11.
The intake structure is the responsibility of the consent holder and shall be
maintained to the satisfaction of the Manager, Environmental Regulation,
Wellington Regional Council.
12.
The pump and associated equipment shall be well maintained at all times to
prevent leakage or spill of oil or other chemicals into Wainuiomata River.
Review conditions
13.
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 30 June
each year for the duration of this consent, for the purpose of:
Reviewing surface water allocation requirements; and/or
Dealing with any adverse effects on the environment which may arise
from the exercise of this consent, and which is appropriate to deal
with at a later stage; and/or
Enabling consistency with the relevant Regional Plan(s); and/or
To incorporate a minimum flow for the Wainuiomata River and any
low flow restrictions; and/or
Dealing with any adverse effects on the Wainuiomata River which
may arise from the exercise of this consent which are greater than
those anticipated at the time it was granted.
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Important notes relating to measuring and reporting of your water take:
1.
A suitably qualified person is an individual/company that is registered with the
Water Measurement Accreditation Programme or can demonstrate an
appropriate standard of installation or verification to the satisfaction of the
Manager, Environmental Regulation, Wellington Regional Council.
2.
For water meter installation, where industry best practice guidelines differ from
manufacturer’s specifications, the more stringent standard applies, unless
special circumstances apply to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council. Therefore verification of the water
measuring device/system can only be achieved when the most stringent
standard (either industry best practice or manufacturer’s specifications) for
installation has been achieved.
3.
The annual take volume shall be assessed for the period 1 July to 30 June the
following year.
General notes:
a)
This resource consent does not guarantee that quantity or quality of water will
be maintained or available.
b)
Please contact the Wellington Regional Council, Environmental Regulation, if
you plan to make any modifications to the intake, pump, or irrigation system.
Any significant modifications may require you to apply for a change of consent
conditions.
c)
A resource management charge, set in accordance with section 36(2) of the
Resource Management Act 1991 shall be paid to the Regional Council for the
carrying out of its functions in relation to the administration, monitoring, and
supervision of resource consents and for the carrying out of its functions under
section 35 (duty to gather information, monitor, and keep records) of the Act.
d)
The Wellington Regional Council shall be entitled to recover from the consent
holder the costs of any review, calculated in accordance with and limited to the
Council’s scale of charges in force and applicable at that time pursuant to
section 36 of the Resource Management Act 1991.
170076-788878747-28
PAGE 19 OF 26
Attachment 1: Consent conditions
34330: Land use consent for gravel extraction from the bed of the Wainuiomata
River
General condition
1.
The location, design, implementation and operation of the activity shall be in
general accordance with the consent application and its associated location
plans and documents lodged with the Wellington Regional Council on
29 September 2016 and further information submitted on 26 October 2016.
Where there may be contradiction or inconsistencies between the application
and further information provided by the applicant, the most recent information
applies. In addition, where there may be inconsistencies between information
provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters,
implementation and/or operation may require a new resource consent or a
change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
The Manager, Environmental Regulation, Wellington Regional Council shall
be given a minimum of two working days (48 hours) notice prior to any
extraction activity commencing.
Note: Notifications can be emailed to [email address]. Please include
the consent reference WGN170076 and the name and phone number of a
contact person responsible for the proposed works.
3.
The consent holder shall provide a copy of this consent and any documents and
plans referred to in this consent to each operator or contractor undertaking
works authorised by this consent, prior to the works commencing.
Note: It is recommended that the contractors be verbally briefed on the
requirements of the conditions of this consent prior to works commencing.
4.
All works authorised by this consent including tidy up on completion of the
works are the responsibility of the consent holder and shall be completed to the
satisfaction of the Manager, Environmental Regulation, Wellington Regional
Council.
Quantity of gravel extracted
5.
The annual volume of gravel extracted under this consent shall not exceed
150m3/year at the site(s) specified in the application as lodged with the
Wellington Regional Council on 29 September 2016. The total volume of
gravel extracted under this consent shall not exceed 300m3.
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Method of extraction
6.
There shall be no excavation of gravel, sand, or other material from the active
river channel containing flowing water, and there shall be no diversion of any
flowing water as a result of the extraction works.
7.
Gravel extraction shall be taken from dry beaches only and all extraction shall be
limited to a level no less than 100mm above the prevailing water level, as measured at
the time of extraction.
8.
No machinery shall operate in flowing water in the active river channel, except
for crossings to access gravel deposits and to haul gravel.
9.
River crossings shall be generally limited to one crossing point at each gravel
extraction location, and otherwise shall be kept to a practicable minimum
where one single crossing point may not be achieved.
10.
Gravel extraction shall be undertaken in strips parallel with the flow of the
river, commencing from the riverward edge of the gravel beach and moving
landward where possible.
11.
There shall be stockpiling of excavated material in the river-bed and any small
stockpiles formed in the river-bed on a daily basis shall be positioned in
alignment parallel with the flow of the river.
Timing of extraction
12.
The extraction of gravel shall be limited to the following times between
Monday and Friday of any week (unless otherwise agreed upon in writing to
the satisfaction of the Manager, Environmental Regulation, Wellington
Regional Council):
Within daylight saving between 7.00am and 8.00pm.
For times outside daylight saving, normal working hours of 7.30am to
5.00pm.
Extraction is to cease immediately outside of normal working hours
(7.30am to 5.00pm) if there are any recreational users in the riverbed
within 300 metres of the extraction site.
13.
No gravel extraction and associated river crossings will be carried out between
the periods 24 December to 3 January inclusive to ensure there is no
disturbance during the public holiday period.
Effects on birds and native fish
14.
The consent holder shall take all reasonable steps to identify the location of
nests and avoid disturbance to nesting native birds, in particular banded
dotterels, black-fronted dotterels, black-billed gulls, pied stilts and variable
oyster-catchers during the months of September to December, inclusive.
170076-788878747-28
PAGE 21 OF 26
15.
No in stream works shall be carried out in the active channel (ie, flowing water
in the river bed) during the key recruitment migration period for native fish
species between 1 August to 31 December inclusive.
Public Access and Safety
16.
Public access to the river-bed shall not be restricted by gravel extraction
operations, other than in situations where there is a demonstrable risk to public
safety.
17.
The consent holder shall erect warning signs in the vicinity of the works where
the extraction operation is likely to be potentially hazardous to any person
using the associated stretch of the river.
Handling of fuel, machinery and other hazardous substances
18.
The consent holder shall ensure that:
a)
All machinery is thoroughly cleaned of vegetation (e.g. weeds), seeds
or contaminants at least 10 metres away from any watercourse, water
flow channel or stormwater system, prior to entering the site
b)
All machinery shall be regularly maintained in such a manner to
ensure no contaminants (including but not limited to oil, petrol, diesel,
hydraulic fluid) shall be released into water, or to land where it may
enter water, from equipment being used for the works
c)
All contaminant storage or re-fuelling areas are bunded or contained
in such a manner so as to prevent the discharge of contaminants to
water or to land where it may enter water.
d)
No machinery is cleaned, stored or refuelled within 10 metres of any
waterbody, water flow channel or stormwater system
19.
In the event of a spill of fuel, hydraulic fluid, or other potential liquid
contaminants, immediate steps shall be taken to contain the spilt contaminant.
The spilt contaminants and any material used to contain it shall be removed
from the site and disposed of at authorised landfill. The consent holder shall
also immediately notify the Manager, Environmental Regulation, Wellington
Regional Council of the spill and actions to be taken.
20.
The consent holder shall ensure that prior to entering the riverbed that all
vehicles, mobile plant, or machinery is inspected for the presence of invasive
or pest aquatic plants including ‘didymo’. In the event that an invasive or pest
aquatic plant or ‘didymo’ is discovered upon the vehicle, mobile plant, or
machinery it shall be cleaned, to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
Note: The machinery shall be cleaned in accordance with the Ministry for
Primary
Industries
cleaning
methods
which
can
be
found
at
http://www.biosecurity.govt.nz/pests.
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Cultural sites, artefacts and human remains
21.
If koiwi, taonga or other archaeological material is discovered in any area
during the works, work shall immediately cease and the consent holder shall
contact Te Runanga o Toa Rangatira, Port Nicholson Block Settlement Trust
, Heritage New Zealand and Wellington Regional Council within twenty-four
hours. If human remains are found, the New Zealand Police shall also be
contacted. The consent holder shall allow the above parties to inspect the site
and in consultation with them, identify what needs to occur before work can
resume.
Note: Evidence of archaeological material may include burnt stones, charcoal,
rubbish heaps, shell, bone, old building foundations, artefacts and human
burials.
Records
22.
The consent holder record the quantity of gravel, sand or other material
excavated (in cubic metres), measured with an accuracy of + 10% or better, for
the sites authorised under this consent and supply these to the Manager,
Environmental Regulation, Wellington Regional Council on an annual basis
(by 30 June each year).
Note: Records can be emailed to [email address]. Please include the
consent reference WGN170076 and a contact name and phone number of the
person responsible for the gravel extraction.
Photographic record
23.
The consent holder shall compile photographic records of each area of gravel
extraction, every time gravel is extracted under this consent. As far as
practicable, the consent holder shall select one location where photographs will
be taken from for each site. These photographic records shall include, but not
be limited to, photographs of the following items:
a)
The location of the proposed works: incorporating the works area and
the stretches of the stream that may be affected by the extraction (i.e.
prior to each extraction commencing);
b)
The site
during the extraction: incorporating the works area and
stretches of the stream identified in (a); and
c)
The site immediately
upon the completion of the extraction (within
one week): incorporating the works area and stretches of the stream
identified in (a).
The photographic record of items identified in (a), (b) and (c) shall be
submitted to the Manager, Environmental Regulation, Wellington Regional
Council, as soon as possible but within one week of the photographs identified
in (c) being taken.
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All submitted photographs shall include:
The date the photographs were taken
The time the photographs were taken
A description of the site location (e.g. map reference, address) of
where the photograph was taken, and
A description of what aspect of the works the photograph relates to
The photographs and details shall be to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
Note 1: The photographic record should demonstrate compliance with the
conditions of this consent.
Note 2: Photographic records i.e. electronic picture files from digital cameras
can be emailed to [email address]. Please include the consent
number WGN170076 date and time photographs were taken and a description
of the site location (e.g. map reference, address).
Gravel extraction – Site rehabilitation
24.
Oversize boulders or other sediment initially removed from the river beach, but
later considered unsuitable for use, shall be spread in holes or hollows on the
gravel beaches from which the original extraction was undertaken. This
unsuitable material shall not be left in piles in the riverbed or beach.
25.
The area from which the material is extracted, or unsuitable material is
replaced, shall be smoothed over after use so that there are no depressions,
mounds, steep cut banks or edges left on the riverbed/beach.
26.
Any damage or erosion to river banks, access tracks (including the public road)
that is attributable to the gravel extraction operation shall be remedied by the
consent holder as soon as practicable.
Note: Additional resource consent may be required to undertake any remedial
works.
Maintenance of works
27.
The works shall remain the responsibility of the consent holder and shall be
maintained to the satisfaction of the Manager, Environmental Regulation,
Wellington Regional Council so that any erosion, scour or instability of the
stream bed or banks that is attributable to the works carried out as part of this
consent is remedied by the consent holder.
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Note: 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.
Complaints
28.
The consent holder shall maintain a permanent record of any complaints
received alleging adverse effects from or related to the works. This record shall
include:
The name and address of the complainant (if provided)
The date and time that the complaint was received
Details of the alleged event
Weather conditions at the time of the complaint, and
Any measures taken to mitigate/remedy the cause of the complaint
This record shall be made available to the Manager, Environmental Regulation,
Wellington Regional Council, on request.
Review of conditions
29.
The Wellington Regional Council may review any or all conditions of this
permit 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 date of
commencement of this consent for the following purposes:
Dealing with any adverse effects on the environment which may arise
from the exercise of this consent, and which is appropriate to deal
with at a later stage; and/or
To review the adequacy of any plans and/or alter any monitoring
requirements prepared for this consent so as to incorporate into the
consent any modification which may become necessary to clarify or
deal with any adverse effect on the environment of arising from this
activity; and/or
To enable consistency with any relevant Regional Plans or any
National Environmental Standards or Regulations.
The review of conditions shall allow for the deletion or amendment of
conditions of this consent; and the addition of such new conditions as are
shown to be necessary to avoid, remedy or mitigate any significant adverse
effects on the environment.
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PAGE 25 OF 26
Notes:
a)
A resource management charge, set in accordance with Section 36(2) of the
Resource Management Act 1991 (the Act) shall be paid to the Regional
Council for the carrying out of its functions in relation to the administration,
monitoring, and supervision of resource consents and for the carrying out of its
functions under section 35 (duty to gather information, monitor and keep
records) of the Act.
b)
The 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 charge in force and applicable at that time
pursuant to Section 36 of the Resource Management Act 1991.
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