File Ref: 1/2/CAT
JDH:TES
Land Use Consent – Gravel – 106579
CONSENT GRANTED
To
John R Catley
To
take gravel from the Ohau River for the purpose of river
management
SUBJECT TO THE ATTACHED CONSENT CONDITIONS
Location
Address for activity:
162 Soldiers Road, Levin
Legal description:
Lot 2 DP 6119, Lot 2 DP 6248, and Lot 1 DP
55447
Valuation number:
14810/325.10, 14810/357.00
Map references;
From :
NZMS260 S25 965 583
NZTopo50 BN33 865 966
To:
NZMS260 S25 977 580
NZTopo50 BN33 877 963
Details of Resource Consent
Granted:
11 February 2013
Expiry:
1 July 2023
Review:
Annually in July
Replacing consent number:
102481
Average annual volume:
10,000 cubic metres per year (10,000 m3/year)
Maximum volume:
100,000 cubic metres for the duration of this
consent
DECISION
For the reasons reported below, the Policy and Consents Manager of the Manawatu-Wanganui
Regional Council (pursuant to delegated authority), grants resource consent 106579 to John R
Catley under sections 104, 104C and 108 of the Resource Management Act 1991 to take gravel
from the Ohau River for the purpose of river management at 162 Soliders Road, Levin for a term of
10 years expiring on 1 July 2023.
Richard Munneke
POLICY AND CONSENTS MANAGER
11 February 2013
REASON FOR THE DECISION
1.
The proposed extraction activity is consistent with 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 effects of the extraction are less than minor
and concludes that the proposed extraction will not adversely effect the river alignment and will
assist in keeping the Ohau River within its design channel. Conditions have been imposed
requiring the applicant to 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 specific values as Life Supporting
Capacity, Aesthetics, and Contact Recreation, in addition the site is adjacent to both Sites of
Significance Aquatic and Riparian and a locally significant trout fishery. Conditions have been
imposed for the applicant 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.
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 7 January 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, between approximate map references NZMS260 S25 965 583 /
NZTopo50 BN33 865 966 and NZMS260 S25 977 580 / NZTopo50 BN33 877 963.
3.
The average annual volume of material that may be extracted and removed from the Ohau
River under this Land Use Consent shall not exceed 10,000 cubic metres per year
(10,000 m3/year), averaged over the term of this consent.
4.
The total volume of material that may be extracted and removed from the Ohau River under
this Land Use Consent over the term of ten (10) years shall not exceed 100,000 cubic
metres (100,000 m3).
5.
The consent holder shall supply to Manawatu-Wanganui Regional Council’s Environmental
Protection Manager, within
10 working days after the end of each month commencing
February 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.
6.
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.
7.
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.
8.
The works shall remain the responsibility of the consent holder and shall be maintained 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 within
10 working days.
9.
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.
10.
During the period
1 December to 28 February the activity must not result in suspended
sediment being conspicuous during weekends and public holidays.
11.
During the period
1 December to 28 February excavation, disturbance and removal works
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.
12.
During the period
1 March to 30 November 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.
13.
The Consent Holder shall ensure the activities authorised by this Consent do not
significantly adversely affect or render unsafe, public access to and along the Ohau River.
14.
On completion of any excavation sequence, the beach shall be left well shaped, tapering
uniformly from the water’s edge to the river bank.
15.
No machinery shall enter or operate in water within the Ohau River except as required for
river crossings. Crossings shall be minimised, and where possible shall be made at the
same point in the Ohau River, preferably on the upstream side of a riffle.
Advice Note: A riffle is defined as a shallow part of a stream / river where the water flows
brokenly.
16.
The consent holder shall ensure that no river crossings are undertaken during the trout
spawning season (
1 May – 31 September inclusive).
17.
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 greater than 30% change in visual clarity, at all times.
Advice Note: Reasonable mixing is defined as seven times the bed width.
18.
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, oil and other contaminants from machinery
used for activities under this consent.
19.
The consent holder must not refuel machinery in any area where spills may enter surface
water.
20.
The consent holder shall ensure that between
1 August and 31 December each year,
gravel extraction and bed disturbance on gravel beaches shall only take place:
a. within seven days following a flood of the area that is subject of the activity; or
b. where the extraction or disturbance commenced at the same location prior to 1
August and has not been interrupted for more than seven days.
If undertaking works during this period the consent holder shall contact 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.
21.
The consent holder shall ensure that there is no deposition of dust to the extent that it
causes an adverse effect at or beyond the boundary of the site as a result of the works and
associated activities.
22.
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 Ohaui River within the past 48 hours.
23.
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).
24.
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 Te Runanganui o Rangitane Incorporated and the
Manawatu-Wanganui Regional Council’s Environmental Protection 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 Environmental Protection Manager wil 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: Te Runanganui o Rangitane Incorporated’s 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 Environmental Protection Manager can be contacted on 0508 800 800.
Review Condition
25.
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.
