File Ref: 1/2/HCL
JDH:KJH
Land Use Consent – Gravel – 106724
CONSENT GRANTED
To
Higgins Contractors Limited
To
take gravel from the Ohau River for the purpose of gravel
extraction
SUBJECT TO THE ATTACHED CONSENT CONDITIONS
Location
Address for activity:
Hoggs Road and Gladstone Road, Levin
Legal description:
Ohau River Bed
Valuation number:
N/A
Map reference:
Hoggs Road: NZTopo50 BN33:887-957 to BN:875-967
Gladstone Road: NZTopo50 BN33:998-966 to BN:977-963
Details of Resource Consent
Granted:
15 August 2013
Expiry:
1 July 2018
Review:
Annually in July
Replacing consent number:
104009
Maximum volume:
Hoggs Road: 6,000 cubic metres per year (6,000 m3/year)
Gladstone
Road:
10,000
cubic
metres
per
year
(10,000 m3/year)
80,000 cubic metres in total over both sites for the duration
of this consent
DECISION
For the reasons reported below, the Regulatory Manager of the Manawatu-Wanganui Regional Council
(pursuant to delegated authority), grants resource consent 106724 to Higgins Contractors Limited under
sections 104, 104C and 108 of the Resource Management Act 1991 to take gravel from the Ohau River
for the purpose of gravel extraction at Hoggs Road and Gladstone Road, Levin for a term of 5 years
expiring on 1 July 2018.
Richard Munneke
REGULATORY MANAGER
15 August 2013
REASON FOR THE DECISION
1.
The proposed extraction activity is consistent with the relevant provisions of the Resource
Management Act 1991.
2.
This application has been assessed by Jon Bell, Manawatu-Wanganui Regional Council’s
Design Engineer. Mr Bell has considered that the extraction rate is sustainable. Conditions
have been imposed requiring the applicant to undertake grave extraction as directed by the
Manawatu-Wanganui Regional Council’s Area Engineer – Southern and remedy any erosion
should it occur. Overall the effects are considered to be less than minor.
3.
This application has been assessed by Manas Chakraborty, Manawatu-Wanganui Regional
Council’s Research Associate. Mr Chakraborty has considered the effects of the extraction on
schedule AB values associated with the site. The site has values for SOSA – Riparian
(Dotterel), SOS-A Aquatic for Banded Kokupu, Trout Fishery, Trout Spawning, Flood Control
and Drainage, and Water Supply. Conditions have been imposed to protect these values and
ensure that any adverse environmental effects arising from the activity are less than minor.
4.
Conditions have been imposed which restrict the hours in which extraction can take place and
to ensure that this gravel extraction has a minor effect on water quality.
5.
Annual reviews have been placed on the consent to ensure that in the case of a major flood or
other event, this gravel extraction will not result in an on-going adverse effect on the
environment.
6.
The 5 year term is consistent with the term requested by the applicant.
Recommended by:
Dan Higgs
CONSENTS PLANNER
CONDITIONS
1.
The consent holder shall undertake the activity in general accordance with the consent
application including all accompanying plans and documents first lodged with
Manawatu-Wanganui Regional Council on 24 May 2013. In addition, where there may be
inconsistencies between information provided by the applicant and conditions of the
resource consent, the conditions of the resource consent apply.
Advice 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 gravel extraction activity authorised by this Land Use Consent shall be restricted to the
Ohau River Bed, at two sites between approximate map references, Hoggs Road -
NZTopo50 BN33:887-957 to BN33:875-967, and Gladstone Road - NZTopo50
BN33:998-966 to BN33:977-963
3.
The total annual volume of material that may be extracted and removed from the
Hoggs Road reach of the Ohau River under this Land Use Consent shall not exceed
6,000 cubic metres per year.
4.
The total annual volume of material that may be extracted and removed from the
Gladstone Road reach of the Ohau River under this Land Use Consent shall not exceed
10,000 cubic metres per year.
5.
The combined total volume of material that may be extracted and removed from both
reaches the Ohau River for the duration of this Land Use Consent shall not exceed
80,000 cubic metres.
6.
The consent holder shall supply to Manawatu-Wanganui Regional Council’s
Regulatory Manager, within
10 working days after the end of each month commencing
August 2013, a record of all material excavated from the bed of the Ohau River during that
month, stating the volumes removed from the beaches prior to any stockpiling. If no
material has been excavated, a “nil” return shal be provided.
Advice note: For the purposes of this consent, the volume may be stated as the number
of truck loads and the capacity of the truck.
7.
The consent holder shall contact the Manawatu-Wanganui Regional Council’s Area
Engineer – Southern,
two (2) working days prior to the commencement of extraction
activities at the site, to be advised of what sites are to be worked, the volumes to be
removed, and the beach shape required.
Advice note: The Area Engineer – Southern, can be contacted at the following number
0508 800 800.
link to page 4 link to page 4
8.
The consent holder shall ensure that no vegetative materials, debris, overburden, holes,
mounds, or stockpiles are left on any work site within the excavation area at the completion
of any excavation sequence, and that none of the above materials are stored or stockpiled
in a position where the flow of water may be impeded. Where the vegetation includes exotic
plants such as willow, pampas and bamboo, it is not to be disposed of in locations where
such vegetation is not present to avoid the spread of these species.
9.
The works shall remain the responsibility of the consent holder and shall be maintained so
that any erosion, scour or instability of the river bed or banks that is attributable to the
works carried out as part of this consent is remedied by the consent holder within
10 working days.
10.
The consent holder shall undertake all excavation in narrow strips aligned parallel to the
main flow of the River, commencing from the downstream end of the work area and moving
upstream. No excavation or removal of material shall take place in the active flowing
channel or below a height 300 millimetres above the water level existing in the Ohau River
channel at the time of excavation.
11.
The consent holder shall ensure that any discharge of sediment into water must not, after
reasonable mixing, cause any conspicuous change in the colour of water in the receiving
water or any change in horizontal visibility by greater than 20% change in visual clarity in
the upper reaches (Gladstone Road site – Ohau_1a) and 30% change in visual clarity in
the lower reaches (Hoggs Road Site - Ohau_1b) of the Ohau River, at all times.
Advice note: Reasonable mixing is defined as seven times the bed width.
12.
Activities authorised by this consent shall not result in the discharge of contaminants that
are toxic to aquatic ecosystems
Advice note: This includes leakage of fuel, lubricants, hydraulic fluid, solvent, and other
contaminants from machinery used for activities under this consent.
13.
During the period
1 December to 28 February the activity must not result in suspended
sediment being conspicuous during weekends and public holidays.
14.
During the period
1 December to 28 February excavation, disturbance and removal works
and authorised by this Land Use Consent shall be restricted to the hours of 7:00 am to
5:00 pm weekdays, with no excavation authorised on any weekend or public holiday during
this period.
15.
During the rest of the year
(excluding the period mentioned in Condition
s 13 and
14)
excavation, disturbance and removal works authorised by this Land Use Consent shall be
restricted to the hours of 7:00 am to 6:00 pm weekdays and 7:00 am to 12:00 pm on
Saturdays. No excavation is authorised on any Saturday after 12:00 pm, Sunday or public
holiday.
16.
The consent holder shall ensure the activities authorised by this consent do not significantly
adversely affect public access to and along the Ohau River.
17.
Existing public access to or along the river channel associated with the proposed activity
must not be rendered unsafe by the activity.
18.
On completion of any excavation sequence, the beach shall be left well shaped, tapering
uniformly from the water’s edge to the river bank.
19.
The consent holder shall ensure that no river crossings that lead to disturbance of riparian
and in-stream habitat in the upper reaches of the Ohau River (Gladstone Road site), shall
occur during spawning season (
1 April – 1 July) of the native freshwater fish species
known as banded kokopu (
Galaxias fasciatus)
.
20.
The consent holder shall ensure that no river crossings occur during the trout spawning
season (
1 May – 30 September inclusive).
21.
The consent holder shall minimise the disturbance of nesting banded dotterels (
Charadrius
bicinctus) and/or black fronted dotterels (
Charadrius melanops) at the Hoggs Road site
during the period
1 August to 31 December inclusive (breeding season) by:
a.
starting extraction within seven days following a flood of the extraction reach of the
Ohau River; or
b.
continuing extraction started prior to 1 August provided the extraction is at the same
location and is not interrupted for more than seven days
c.
contacting the Department of Conservation two days prior to commencing work in
an area to ensure the works will not disturb known nesting sites.
Advice note: The Department of Conservation can be contacted on 06 350 9700 for
advice on dotterel nesting sites.
22.
The consent holder shall ensure that there is be no removal of in-stream woody debris
which is less than 2 m3 in size unless this is required to reduce the risk of flooding or
erosion.
23.
No machinery or vehicle used for the exercise of this consent, shall enter, operate or
excavate within water in the Ohau River during the exercise of this consent, except when
river crossing. River crossings at any one site shall be restricted to one crossing point as far
as practicable, and preferably the crossing point shall be at the upstream limit of the riffle.
Advice note: A riffle is defined as a shallow part of a stream / river where the water flows
brokenly.
24.
The consent holder shall ensure that:
a.
machinery or vehicles used at the proposed site should be stood down for 48 hours
prior to use in any catchment other than the Ohau River upstream of the site;
b.
no gravel should be placed within an area such that the runoff will enter a waterbody
other than the Ohau River; and
c.
standard check, clean or dry procedures shall be adopted for any vehicles,
equipment, clothing or footwear that has been in contact with a waterbody other
than the upstream of the Ohau River within the past 48 hours.
25.
The consent holder shall comply with all notices and guidelines issued by Biosecurity
New Zealand in relation to avoiding spreading the Pest Organism Didymosphenia
geminata, known as “Didymo” (refer to www.biosecurity.govt.nz/didymo).
26.
In the event of an archaeological site, waahi tapu or koiwi being discovered or disturbed
during the activities authorised by these consents, the consent holder shall immediately
cease further work and inform the Muaūpoko Tribal Authority Inc,, Tanenuiarangi
Manawatū Incorporated and the Manawatu-Wanganui Regional Council’s Regulatory
Manager. Further work at the site shall be suspended while Iwi carry out their procedures
for removal of taonga. The Manawatu-Wanganui Regional Council’s Regulatory Manager
will advise the consent holder when work at the site may recommence.
Advice note: In the event that human remains are found the police should be contacted
immediately and all works shall cease until advice is given that works can recommence.
Advice note: A Muaūpoko Tribal Authority Inc. representative can be contacted (at time of
granting of this consent), on the following number: 06 367 3311.
A Tanenuiarangi Manawatū Incorporated. representative can be contacted (at time of
granting of this consent), on the following number: 06 353 1881.
Advice note: At the time of granting this consent the Manawatu-Wanganui Regional
Council’s Regulatory Manager can be contacted on 0508 800 800.
Review Condition
27.
The Manawatu-Wanganui Regional Council may, under section 128 of the Act, initiate a
review of all conditions of this resource consent
annually in July for the duration of this
consent, for the purpose of reviewing the effectiveness of these conditions in avoiding or
mitigating any adverse effects on the environment. The review of conditions shall allow for:
a.
deletion or amendments to any conditions of this resource consent to ensure
adverse effects are appropriately mitigated; or
b.
addition of new conditions as necessary, to avoid, remedy or mitigate any
unforeseen adverse effects on the environment; or
c.
if necessary and appropriate, the adoption of the best practicable options to avoid,
remedy or mitigate any adverse effects on the environment.