Non-notified resource consent application
report and decision
Summary of decision
Activity:
To undertake works in the bed of the Wainuiomata River
to remedy and avoid future erosion and scouring caused
by flood flows.
File Reference:
WGN080503
Date Granted:
21 November 2008
Commencement date:
21 November 2008
Applicant:
Shayne Edwards
Totara Downs
1044 Coast Road
RD 1
Wainuiomata 5373
Decision made under:
Section 104B & 108 of the Resource Management Act
(the Act)
Consent Granted:
[26982] : Discretionary Activity
Water permit – to permanently divert the flow of
secondary channels within the bed of the Wainuiomata
River.
[27332] : Discretionary Activity
Land use consent - to construct rock rip-rap bank
protection structures, to temporarily place bunds in, and to
drain and reclaim secondary channels within the bed of the
Wainuiomata River, including the associated disturbance
of the river.
Location:
Approximately a 2 kilometre (km) stretch of the
Wainuiomata River located within the boundary of Totara
Downs, 1044 Coast Road, Wainuiomata
Map Reference:
Upstream boundary: At or about map reference
NZMS
260: R27:2670268, 5983090
Downstream boundary: At or about map reference
NZMS
260: R27:2669103, 5982135
Legal Description:
Lot 1 DP 323093
Duration of Consent:
[26982]: 20 years
Subject to conditions:
Attachment 1
Decision
Luke Faithfull
Resource Advisor,
recommended by:
Environmental
Regulation
Decision peer
Sean Lisle
Resource Advisor,
reviewed by:
Environmental
Regulation
Decision approved
Alistair Cross
Manager,
by:
Environmental
Regulation
Reasons for decision:
resource consent WGN080503 [26982] & [27332]
1.
Background
Shayne Edwards (the applicant) has applied to Greater Wellington Regional
Council (GW) for resource consents to undertake various works in a section of
the Wainuiomata River that passes through his property. The section of the
river is approximately 2 km in length and the consent will allow the applicant
to implement different measures to assist in avoiding, remedying and
mitigating flood and erosion damage to his land adjacent to the river. While
the specific methodology can only be determined at the time of the works, the
applicant has stated in the application that the river works will potentially
involve the creation of bunds in the wetbed of the river, the reclamation of side
channels, the permanent diversion of those side channels back into the main
flow of the river and the movement of river gravels to create bank protection in
erosion prone areas.
In the past, the applicant has had a long history of flooding and erosion issues
on the property. In 2004, the applicant purchased the property and it was soon
evident that that the lack of river maintenance in the past had resulted in
substantial erosion of the banks. Flooding that occurred in the subsequent
years caused further damage to the applicant’s property resulting in the loss of
large amounts of land and stock.
This year the Wellington region experienced a number of significantly large
rainfall events which resulted in increased high flow events in the
Wainuiomata River. During these events, the river has eroded a considerable
amount of the applicant’s land. The applicant feels that if it is not remedied the
river will continue to erode his land and eventually, this would cause similar
issues further downstream, both on the applicant’s property and neighbouring
properties. While this has been an on-going issue, the applicant is aware that
erosion protection must be addressed.
As illustrated in the following photos, substantial erosion can occur in a
relatively short time frame.
WGN_DOCS-#546526-V1
PAGE 1 OF 16
Figure 1: The Wainuiomata River as it flows through the applicant's property.
This photo was taken on 8 July 2008.
Figure 2: The same section of river as figure 1 but after a high flow event caused
bank erosion and undermined a stock fence. This photo was taken on 28 July
2008.
2.
Proposal
Given the variation of flooding and erosion along the stretch of the river, t he
location of the works will be determined by the applicant and be identified
PAGE 2 OF 16
WGN_DOCS-#546526-V1
through visual inspections of the river. As the location of works cannot be
specified at the time of considering this resource consent application, I am
recommending the granting of a global resource consent for the works.
As with the location, the duration of the works cannot be determined at the
time of considering the resource consent application. However, the applicant
has indicated that each set of works should take approximately half a day to a
day to complete.
The applicant intends to undertake numerous methods to avoid, remedy and
mitigate the effects of erosion on his property. These are discussed in section
2.1.1 of this report.
2.1.1
Stream works
The applicant proposed a suite of works that may be undertaken and these will
vary depending on what is required for each location within the river.
However, the works may involve the following:
• Minor river realignment of side channels (being meanders and secondary
flow channels) formed during high flows;
• Diversion of the flow of side channels back into the main flow of the river
and reclamation of the channels. Any diversion works will be undertaken
by bunding the channels to create dry working areas to minimise the
potential for sediment discharge;
• Removal of vegetation on the gravel beaches within the river;
• Excavation and cross blading of the river gravels to recontour beaches and
islands within the river channel;
• Moving gravel sourced from within the river to provide additional bank
protection for erosion prone areas; and
• Tethering of willows and additional planting along the banks of the river
The applicant would consult GW to determine the methodology of each set of
the works to be undertaken prior to works commencing.
The following methodology is an example of how the formation of a side
channel causing bank erosion would be addressed. The methodology that
would be used is as follows:
• Machinery will ford the newly formed channel to access the gravel beach;
• A bulldozer will create bunds by passing beach gravel material across the
side channel, at the upstream and downstream end to create a dry working
area;
• The side channel will be reclaimed by pushing beach gravel into the dry
channel;
WGN_DOCS-#546526-V1
PAGE 3 OF 16
• The area will be recontoured to form, as much as possible, a level area to
allow flows to spread over the areas evenly; and
• Grade the bunds to the same height as the recontoured beach.
While the applicant’s start date and duration of the works can not be defined it
is the applicant’s intention to undertake the works on an as required basis. The
majority of the works are to be done in the drier months when the river is in
low flow. Undertaking the works during this period will minimise the potential
for sedimentation and disturbance of the river. The majority of works to be
undertaken will be outside the actively flowing channel of the river.
2.2
Resource consents required
• Under section 13(1) of the Resource Management Act 1991 (the Act) no
peron may, in relation to the bed of any river-, use, erect…place…any
structure or any part of any structure in...the bed; excavate…or otherwise
disturb the bed; deposit any substance in, on…the bed; or reclaim or drain
the bed unless expressly allowed by a rule in a regional plan or a resource
consent.
As outlined in Section 2.2.1 of this report, the proposed vegetation removal,
beach recontouring and the tethering of willows and associated activities within
the river are expressly allowed by rules in a regional plan, and as such no
resource consent is required for these activities. However, the reclamation,
cross blading and construction of rock rip-rap bank protection sturctures is not
expressly allowed by a rule in the Regional Freshwater Plan for the Wellington
Region (RFP) or covered by existing resource consent; therefore, resource
consent is required for this activity.
• Under section 14(1)(a) of the Act no person may divert any water unless
the diversion is allowed by subsection (3) or is expressly allowed by a rule
in a regional plan or a resource consent.
As discussed in Section 2.2.1 of this report, the proposed permanent diversions
are not allowed by subsection (3) of the Act, and are not expressly allowed by a
rule in the RFP or covered by existing resource consent; therefore, resource
consent is required for these diversions.
2.2.1
Rules
Diversions - Rule 9 of the RFP provides for the minor diversion of
intermittently flowing streams. The rule states that the diversion of less that
1.5 m³/sec of fresh water from any intermittently flowing river or stream is a
permitted activity.
The proposed diversions of the Wainuiomata River do not meet the
requirements of rule 9 of the RFP, primarily because the river is not
intermittent; therefore, the works default to rule 16 of the RFP.
PAGE 4 OF 16
WGN_DOCS-#546526-V1
Rule 16 provides for the taking, use, damming, or diversion of any fresh water,
is a
Discretionary Activity.
Planting - Rule 24 of the RFP allows for the placement of any cabled willow or
willow clump for river bank erosion protection that is fixed in, on, or under the
bed of any river including any associated disturbance, deposition and temporary
diversion is a permitted activity subject to certain conditions, is a
Permitted
Activity.
As the works will be undertaken, as far as practicable, in the dry bed of the
river and the works are proposed to mitigate erosion which is the direct result
of flooding, the works meet the provisions of rule 24 of the RFP, as a permitted
activity.
Disturbance - Rule 36 allows for the disturbance of any river or lake bed
associated with clearing flood debris that poses a flood or erosion hazard or for
the purposes of protecting structures, is a
Permitted Activity, provided it
complies with certain conditions.
As the works will be undertaken within the stretch of river on the applicant’s
property and the works are proposed to mitigate erosion which is the direct
result of flooding, the works meet the provisions of rule 36 of the RFP, as a
permitted activity.
Recontouring - Rule 37 of the RFP provides for the disturbance and
recontouring of any part of the bed of any river that is not covered by water (i.e.,
beach recontouring) to remedy or mitigate the adverse effects of flooding or
erosion is a
Permitted Activity, subject to certain conditions.
As the works will be undertaken to mitigate erosion and the effects of flooding,
the works meet the provisions of rule 37 of the RFP, as a permitted activity.
Removal of Vegetation - Rule 40 of the RFP allows for the trimming and
removal of vegetation including any associated disturbance, deposition and
temporary diversion subject to certain conditions.
As the works will be undertaken to mitigate erosion and the effects of flooding,
the works meet the provisions of rule 40 of the RFP, as a permitted activity.
Planting - Rule 41 of the RFP allows for the deliberate introduction or planting
of any plant in the bed of any river or lake to remedy or mitigate the adverse
effects of flooding, erosion, or non-point source discharges of contaminants, or
to restore habitat, is a
Permitted Activity, subject to certain conditions.
As the works will be undertaken to mitigate erosion and the effects of flooding,
the works meet the provisions of rule 41 of the RFP, as a permitted activity.
The remaining works to be undertaken to avoid, remedy and mitigate the
effects of flooding and erosion to the applicant’s property will be carried out
under the provisions of rule 49 of the RFP, as a
Discretionary Activity.
WGN_DOCS-#546526-V1
PAGE 5 OF 16
While the majority of the remedial and mitigation measures are within the
permitted activity provisions of the RFP, the responsibility lies with the
applicant to ensure that the conditions for each of the permitted activities are
complied with. If the conditions of the permitted activity rules cannot be meet
then resource consent maybe required.
3.
Consultation
In accordance with Greater Wellington Regional Council’s (GW) agreement
with tangata whenua regarding consultation on non-notified consents
Wellington Tenths Trust and Ngati Toa were provided with a copy of the
application. Neither of these parties chose to comment on the application.
As part of the pre-application process, the applicant consulted with the
Department of Conservation (DOC) and the Fish and Game New Zealand
(F&G).
Officers of DOC inspected the applicant’s site and supported the proposed
remediation and mitigation works. Rob Stone, Poneke Area Manager, provided
the written approval on behalf of DOC on 18 September 2008.
F&G officer Corina Jordan, reviewed the application. Ms Jordan raised some
minor concerns regarding the permitted and consented activities of the RFP. I
advised Ms Jordan that these would be clearly defined within the report. Ms
Jordan was happy with this and provided F&G’s written approval on 30
October 2008.
Sharyn Westlake of GW’s Flood Protection Department was consulted as part
of the application process and stated that they were happy with the proposed
activities although it is hard to make a full assessment when the extent of the
works are unknown; however, she supported the proposed works. Sharyn
stated that GW’s Flood Protection is happy to provide the applicant advice on
river management for the duration of the consent.
Summer Warr of the Environmental Monitoring and Investigations Department
of GW was consulted as part of the application process. Miss Warr was happy
with the proposal and raised no concerns regarding the proposed works.
No other parties are considered affected by the proposed works.
4.
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 works on the environment will be no more
than minor, as outlined in section 5.2 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. I consider that all the potentially
affected parties to this application have provided their approval; therefore, the
PAGE 6 OF 16
WGN_DOCS-#546526-V1
provisions of Section 94(2) of the act have been met and the application will be
processed non- notified.
The processing time for the application has been extended under Section
37A(2)(b) of the Act. The reason for the extension was to allow the applicant
further time to for consultation and negotiation to achieve an environmentally
acceptable outcome.
5.
Environmental effects
5.1
Existing environment
The Wainuiomata River flows through the applicant’s property on its way to
the where it discharges into the coast between Baring Head and Turakirae
Head. The section of river where the works are to take place is approximately
2km in length. The characteristics of the river through the applicant’s property
is a typical meander pattern commonly found low lying rural flood plains.
There a number of gravel islands and beaches, both vegetated and un-
vegetated, located through this section of the river. The surrounding land is
dominated by intensive pastoral farming.
Figure 3: The Wainuiomata River as it flows through the applicant's property.
Note the large gravel beaches and islands and the eroded banks, both very
typical of the river in this section.
5.2
Effects on water quality
Works in the beds of stream can cause a local and temporary increase in
turbidity and suspended solids concentration as well as reducing the water
WGN_DOCS-#546526-V1
PAGE 7 OF 16
clarity. High suspended solids concentrations can have adverse effects on the
in-stream ecology, especially if these conditions are maintained over time.
As the works will generally be of a short duration (approximately half a day to
day at a time), it is considered that the effects on the water quality of the stream
will be no more than minor. However, to ensure this, it is a recommended
consent condition that the applicant implements measures to ensure that
sedimentation is to be minimised.
Where possible, the applicant intends undertake the works during periods of
low flow and, where possible, will bund off the work areas to create a dry
working environment. As outlined in the application, machinery entry into the
watercourse will be minimal; however, some channels will need to be crossed
to access the gravel beach/island areas. Any refuelling or maintenance of
machinery will be conducted at a safe distance from the watercourse.
However, to ensure this, it is a recommended consent condition that no
contaminants (including but not limited to oil, petrol, diesel, paint, solvent)
shall be released to water from equipment being used for operation, and no
refuelling of equipment shall take place on any area river or lake bed .
5.3
Effects on fish
The principal adverse effect on fish will be from the discharge of sediment to
water during the proposed works in the active flowing water. However, this
will be from natural bed material being disturbed and fish are generally able to
avoid zones of highly turbid water while suffering little or no adverse effect.
The proposed works will not have an impact on fish passage in the
Wainuiomata River, as the works will generally be taking place outside the
main channel of the river; therefore, fish passage will be maintained at all times
as the main channel of the river will not be blocked. However, to ensure this, it
is a recommended consent condition that fish passage must be provided for at
all times. I have also recommended a consent condition to ensure that fish
passage is provided and that should fish become stranded by the works that
they are placed back into clear water upstream of the working area.
5.4
Flooding
The applicant does not anticipate that the proposed works will inhibit the flood
carrying capacity of the river. The proposed works involve the removal of
vegetation and the recontouring of the gravel beaches and islands. It is
anticipated that when high flow flood events occur, the flows should disperse
evenly over the beach area; therefore, the flood capacity of the river should not
be inhibited in any way.
As mentioned in section 2 of this report, the GW Flood Protection Department
was consulted and no concerns were raised in regard to the impact of the works
on the flood carrying capacity of the Wainuiomata River. In addition, I have
recommended a consent condition requiring consultation with GW Flood
Protection prior to works being undertaken.
PAGE 8 OF 16
WGN_DOCS-#546526-V1
5.5
Erosion and scour
The bed recontouring and placement of rock rip-rap in the bed of a stream has
the potential to cause erosion and/or scour of the stream bed and banks. The
applicant does not anticipate that erosion and scour will occur as a result of the
proposed works as the purpose of the works is to mitigate the effects of erosion
and scour. However, to ensure that any such issues are addressed, it is a
recommend consent condition that the consent holder repairs any erosion or
scour that is attributable to the works.
5.6
Summary
Provided the applicant undertakes the works as outlined in the application and
complies with the recommended consent conditions, the proposed works in the
Wainuiomata River should have a no more than minor effect on the local
environment.
6.
Statutory assessment
6.1
Resource Management Act 1991
Part II (Section 5) of 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. I consider this proposal is consistent with Part II.
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.
These matters have been considered in section 4 and 5 of this report.
6.2
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. 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), 9
(Ecosystems) and 11 (Natural hazards). I consider that the proposed activities
outlined in the application are consistent with the objectives and policies of
these chapters.
6.3
Regional plans
The RFP has a number of objectives and policies that relate to the proposed
activity. The most relevant objectives and policies to consider is assessing this
application are listed below:
WGN_DOCS-#546526-V1
PAGE 9 OF 16
Policy 6.2.14 states that it is appropriate to allow minor or temporary
diversions where they are associated with authorised works and/or the exercise
of resource consent.
Objective 7.1.2 seeks to ensure that the risk of flooding and erosion is not
increased by carrying out activities in the beds of rivers. These effects are
addressed in section 5 of this report.
Policy 7.2.1 indicates that it is appropriate to allow activities for flood
mitigation and erosion protection purposes of any waterbody and its margins.
Policy 7.2.8 allows the re-contouring of the beds of rivers provided the
activities are necessary to avoid or mitigate the effects of flood hazard.
It is considered that the proposed works are consistent with the relevant
policies and objectives of the RFP.
7.
Main findings
1. The proposed activities are consistent with the Purposes and Principles of
the Act.
2. The proposed activities are consistent with the relevant objectives and
policies of the RPS and the RFP.
3. The actual or potential adverse effects of the proposed activities on the
environment will be no more than minor.
4. Conditions of the consent will ensure that the potential adverse effects of
the activities on the environment will be appropriately avoided, remedied
or mitigated.
5. The proposal incorporates appropriate mitigation measures, to ensure the
adverse effects are no more than minor.
7.1
Duration of consent
For water permit WGN080503 [26863] and land use consent WGN080503
[27332], it is considered that a duration of 20 years is appropriate, which is the
maximum allowable under section 123(c) of the Act, as the mitigation works
are of an on-going nature.
8.
Monitoring
Annual inspections of the works will be undertaken, as required, in accordance
with the
Resource Management Charging Policy (2008). Charges relating to
this inspection are outlined in the cover letter enclosed with this report.
PAGE 10 OF 16
WGN_DOCS-#546526-V1
Application lodged:
06/06/08
Application official y received:
27/06/08
Application stopped:
01/08/08
Application started:
04/11/08
Applicant to be notified of decision by: 21/11/08
Applicant notified of decision on: 21/11/08
Time taken to process application:
40 working days
WGN_DOCS-#546526-V1
PAGE 11 OF 16
9.
Attachment 1 WGN080503 [26863]
Water permit – to permanently divert the flow of secondary channels within the
bed of the Wainuiomata River.
1.
The location, design, construction, implementation and operation of
all works shall be carried out in accordance with the application and
associated documents and plans, lodged with the Wellington Regional
Council on 6 June 2008 and further information received on
16 September 2008.
Note:
Any change from the location, design concepts and
parameters, and implementation may require a change in consent
conditions under section 127 of the Resource Management Act 1991.
2.
The Manager, Environmental Regulation, Wellington Regional
Council, shall be given least 48 hours notice prior to works
commencing, and thereafter shall be notified at least 48 hours prior to
further works.
3.
The permit holder shall provide a copy of this permit and any
documents referred to in this permit to each operator or contractor
undertaking works authorised by this permit, before that operator or
contractor starts any works.
4.
The permit holder shall ensure that a copy of this permit is kept on site
at all times and presented to any Wellington Regional Council officer
on request.
5.
All reasonable steps shall be taken to minimise sediment loading and
increased turbidity during implementation of all diversion works. The
permit holder shall divert water only for the period necessary to carry
out the works.
6.
All works shall be undertaken in a manner that provides for fish
passage wherever possible. Any fish entrapped by works shall be
relocated upstream into clear water as soon as possible.
7.
The works shall remain the responsibility of the permit holder and
shall be maintained to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council. This shall include the
repair of any erosion of the bed and/or banks of the river that is
attributable to the works and completing any reshaping of the river
bed channel should it be deemed necessary by the Manager,
Environmental Regulation, Wellington Regional Council.
8.
All works affecting the river, including tidy up on completion of the
works, shall be to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council.
PAGE 12 OF 16
WGN_DOCS-#546526-V1
10.
Attachment 2 WGN080503 [27332]
Land use consent to construct rock rip-rap bank protection structures, to
temporarily place bunds in, and to drain and reclaim secondary channels within
the bed of the Wainuiomata River, including the associated disturbance of the
river.
1.
The location, design, implementation and operation of the works shall
be in general accordance with the consent application and its
associated plans and documents lodged with the Wellington Regional
Council on 6 June 2008 and further information received on
16 September 2008.
2.
A copy of this consent shall be held on-site for the duration of the
activity/works and be made available to any Wellington Regional
Council officer on request.
3.
The consent holder shall ensure that, as far as practicable, all works
carried out in the dry bed of the stream, including shaping and
construction of the banks.
4.
The Manager, Environmental Regulation, Wellington Regional
Council shall be given least 48 hours notice prior to any works
commencing. This notice must include but not be limited to the
following:
a)
description of the works to be undertaken; and
b)
methodology of the works to be undertaken.
5.
The Manager, Flood Protection, Wellington Regional Council shall be
given least 48 hours notice prior to any works commencing. This
notice must include but not be limited to the following:
a)
description of the works to be undertaken; and
b)
methodology of the works to be undertaken.
6.
The consent holder shall take all practicable steps to minimise
sedimentation and increased turbidity of the stream during the
construction, implementation and 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 construction or excavated material in
the wetted channel;
WGN_DOCS-#546526-V1
PAGE 13 OF 16
d)
separating construction activities from the wetted channel,
where practicable; and
e)
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.
Any excess material from the construction and implementation of the
works shall be immediately removed from the bed and banks of the
stream on completion of the works, and disposed of in an appropriate
manner.
8.
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)
no contaminants (including but not limited to oil, petrol,
diesel, hydraulic fluid) shall be released into 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;
d)
all machinery is regularly maintained in such a manner so as
to minimise the potential for leakage of contaminants; and
e)
no machinery is cleaned, stored or refuelled within 10 metres
of any ephemeral or permanent watercourse.
9.
The consent holder shall ensure that the works are undertaken in a
manner that does not impede fish passage and that fish passage is
maintained at all times during and on completion of the construction
works along the stretches of river affected by the exercise of this
consent.
10.
Any fish stranded or trapped by the construction works as authorised
by this consent shall be immediately relocated by the consent holder
to clear, flowing water.
11.
No works shall be carried out between 1 May to 31 August inclusive
(trout spawning season), unless authorised by the written approval of
the Manager Environmental Regulation, Wellington Regional
Council.
Note: Manager Environmental Regulation, Wellington Regional
Council will consult with Fish and Game New Zealand with regard to
any works within trout spawning season.
PAGE 14 OF 16
WGN_DOCS-#546526-V1
12.
The consent holder shall take all practicable steps to ensure that the
works are carried out such that:
a)
a meander pattern is maintained in the wetted channel of the
river;
b)
the width of the wetted channel of the stream is not reduced
by the planting of willows or native plants (i.e. all planting
shall be outside the active bed of the river);
c)
disturbance to the bed of the stream is minimised; and
d)
areas of complex river habitat (i.e. pool-riffle-run sequences)
are maintained.
13.
The consent holder shall ensure that any area of native vegetation on
the banks of the stream that is damaged or destroyed due to the works
is replanted with appropriate native species within one month of
works being completed.
14.
The consent holder shall ensure that all exposed areas of stream banks
are stabilised against erosion by re-vegetating the area, as soon as
practicable, upon completion of the works.
Note: 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.
15.
If koiwi, taonga or other artefact material is discovered in any area
during the extraction works, the consent holder shall contact the
Manager, Environmental Regulation, Wellington Regional Council,
Wellington Tenths Trust and Ngati Toa immediately, and works in
that area shall cease to allow a site inspection by the Manager and
these groups and their advisors. The consent holder shall then consult
with Wellington Tenths Trust and Ngati Toa on appropriate steps to
recover the artefacts in order that works can resume. If skeletal
remains are discovered, works shall also cease and the consent holder
shall contact the New Zealand Police.
16.
To minimise the potential for erosion, scour and/or instability, the
consent holder shall:
WGN_DOCS-#546526-V1
PAGE 15 OF 16
a)
only use natural rock and soil material to reclaim the bed of
the stream; and
b)
carefully place and sufficiently compact all fill material.
17.
The works shall remain the responsibility of the consent holder and
shall be regularly inspected and maintained by the consent holder
so
that any erosion of the stream banks or bed due to the works is
remedied by the consent holder
Note: Maintenance works shall not include any works outside of the
scope of the application. Any additional works (including structures,
reshaping or disturbance to the stream bed) following completion of
the construction works as proposed in the application may require
further resource consents.
18.
All works affecting the stream, including tidy up on completion of the
works, shall be completed to the satisfaction of the Manager,
Environmental Regulation, Wellington Regional Council.
PAGE 16 OF 16
WGN_DOCS-#546526-V1
