CRL-Resource Consent-Additional Utility Works (Contract 2)-22 June 2016

Decision on notification of an application for resource consents under the Resource Management Act 1991 Non-complying activity Application numbers:

R/LUC/2016/2007 (land use consent); and R/REG/2016/2011 (discharge permit)

Applicant:

Auckland Transport

Site address:

Swanson Street, Wyndham Street, Albert Street and Kingston Street

Legal description:

Legal road

Proposal: Five distinct packages of utility works on Albert Street, Swanson Street, Wyndham Street and Kingston Street, which are associated with the City Rail Link (CRL) but are not within scope or the extent of works of the previously consented Britomart Station to Wyndham Street section resource consents.

The resource consents required are:

Land use consents (s9) – R/LUC/2016/2007 Auckland Council District Plan (Central Area Section) •

The construction vibration standards at Rule 7.6.5.1(a) of the District Plan cannot be met.

As such, a non-complying activity district land use consent is required pursuant to 15.5.1.1b) of the District Plan.

Note - work packages 1D, 8B (Option A & B) and 5.

•

Works within the dripline of street trees is required. As such, a restricted controlled activity district land use consent is required pursuant to Rule 14.2B.5.2 of the District Plan.

Note - work package 8B (Option A & B) only.

Proposed Auckland Unitary Plan (PAUP) •

Works will be located within 20m of Category B historic heritage features1925 (Shakespeare Hotel), 2474 (Commercial Building) and 2091 (Former Gas Company Building) and within an overland flow path so do not comply with permitted activity conditions 6 and 10 for earthworks for network utilities. As such, a restricted discretionary land use consent is required pursuant to Part 3, Chapter H, Section 4.2, Rule 2.1.1 of the PAUP (with activity status determined by Part 3, Chapter G, Section 2.3, Rule 2 of the PAUP).

Notes - work packages 8B (Option A & B) and 5 include both works within the overland flow paths and are located within 20m of Category B historic heritage features, whereas

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package 2A only breaches the permitted activity standard relating to works within an overland flow path.

•

Earthworks up to 2,500m2 or 2,500m3 for installation of a network utility within the 100 year Annual Recurrence Interval(ARI) floodplain requires a restricted discretionary activity resource consent pursuant to Part 3, Chapter H, Section 4.2, Rule 1.2 of the PAUP. Note - work package 2A only.

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (“NES”) •

The proposed volume of soil disturbance exceeds 25m3 per 500m2 and a detailed site investigation does not exist. The applicant has stated that it cannot be concluded at this time that the soil contamination will not exceed the applicable standards in Regulation 7 and, as such, the soil disturbance requires a discretionary activity resource consent pursuant to Regulation 11 of the NES. Note – relevant to all work packages.

Discharge permits (s15) – R/REG/2016/2011 Auckland Council Regional Plan: Air, Land and Water (ACRP:ALW) •

The findings of the site investigation report state that soil contamination has not been identified above permitted activity criteria. However, the investigations were limited in scope due to site constraints and, as such, there is potential for contaminated fill to be present within the project footprint. As such, the discharge of contaminants to land and water from the proposed land disturbance requires a restricted discretionary activity resource consent pursuant to Rule 5.5.44A of the ACRP:ALW. Note – relevant to all work packages.

Proposed Auckland Unitary Plan (PAUP) •

The findings of the site investigation report state that soil contamination has not been identified above permitted activity criteria. However, the investigations were limited in scope due to site constraints and, as such, there is potential for contaminated fill to be present within the project footprint. As such, contaminated land discharges from the proposed land disturbance require restricted discretionary activity resource consent pursuant to Part 3, Chapter H, Section 4.5, Rule 2.3.1 of the PAUP. Note – relevant to all work packages.

Decision I have read the applications, supporting documents, and the report and recommendations on the consent applications. I am satisfied that I have sufficient information to consider the matters required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on notification.

Public notification Under section 95A of the RMA this application shall proceed without public notification because: R/LUC/2016/2007 and R/REG/2016/2011

Page 2

1.

The adverse effects on the environment will be no more than minor because the applicant is proposing to adopt best practice techniques to mitigate and appropriately manage any adverse effects on the environment. Further, the applicant has undertaken consultation with Mana Whenua groups in order to understand Mana Whenua values and expectations and feedback from these groups has helped inform offered consent conditions.

2.

There is no district or regional rule or national environment standard that requires public notification and the applicant has not requested it.

3.

Having regard to the general discretion to notify under section 95A(1) and the special circumstances discretion under section 95A(4), I find there are no relevant reasons to warrant public notification. The proposed works are not unusual or unexpected in the context of the CRL and previous consents granted. There is nothing out of the ordinary about the works such that they should be publicly notified in my opinion.

Limited notification Under section 95B of the RMA this application shall proceed without limited notification because: 1.

2.

There are no adversely affected persons for the following reasons: a.

The proposed works are fairly typical of other network utility works undertaken in Central Auckland and involve small amounts of excavation that are temporary in nature and will be managed so as to minimise adverse effects on the environment.

b.

The council’s consultant vibration specialist has reviewed the application and has concluded that vibration effects are likely to be minimal for this project.

c.

The applicant has offered appropriate resource consent conditions to ensure best practice measures are employed throughout the project.

d.

Any adverse effects associated with the permitted baseline have been disregarded.

e.

Any adverse effects on any persons will be appropriately avoided, remedied or mitigated to the extent that they are less than minor.

f.

Pedestrian and traffic access will be maintained to all buildings.

There are no protected customary rights groups or marine title groups in the region adversely affected by this proposal.

Accordingly, this application shall proceed on a NON-NOTIFIED basis.

Barry Kaye Duty Commissioner 22 June 2016 R/LUC/2016/2007 and R/REG/2016/2011

Page 3

Decision on an application for resource consents under the Resource Management Act 1991 Non-complying activity Application numbers:

R/LUC/2016/2007 (land use consent); and R/REG/2016/2011 (discharge permit)

Applicant:

Auckland Transport

Site address:

Swanson Street, Wyndham Street, Albert Street and Kingston Street

Legal description:

Legal road

Proposal: Five distinct packages of utility works on Albert Street, Swanson Street, Wyndham Street and Kingston Street, which are associated with the City Rail Link (CRL) but are not within scope or the extent of works of the previously consented Britomart Station to Wyndham Street section resource consents.

The resource consents required are:

Land use consents (s9) – R/LUC/2016/2007 Auckland Council District Plan (Central Area Section) •

The construction vibration standards at Rule 7.6.5.1(a) of the District Plan cannot be met.

As such, a non-complying activity district land use consent is required pursuant to 15.5.1.1b) of the District Plan.

Note - work packages 1D, 8B (Option A & B) and 5.

•

Works within the dripline of street trees is required. As such, a restricted controlled activity district land use consent is required pursuant to Rule 14.2B.5.2 of the District Plan.

Note - work package 8B (Option A & B) only.

Proposed Auckland Unitary Plan (PAUP) •

Works will be located within 20m of Category B historic heritage features1925 (Shakespeare Hotel), 2474 (Commercial Building) and 2091 (Former Gas Company Building) and within an overland flow path so do not comply with permitted activity conditions 6 and 10 for earthworks for network utilities. As such, a restricted discretionary land use consent is required pursuant to Part 3, Chapter H, Section 4.2, Rule 2.1.1 of the PAUP (with activity status determined by Part 3, Chapter G, Section 2.3, Rule 2 of the PAUP).

Notes - work packages 8B (Option A & B) and 5 include both works within the overland flow paths and are located within 20m of Category B historic heritage features, whereas

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package 2A only breaches the permitted activity standard relating to works within an overland flow path.

•

Earthworks up to 2,500m2 or 2,500m3 for installation of a network utility within the 100 year Annual Recurrence Interval(ARI) floodplain requires a restricted discretionary activity resource consent pursuant to Part 3, Chapter H, Section 4.2, Rule 1.2 of the PAUP. Note - work package 2A only.

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (“NES”) •

The proposed volume of soil disturbance exceeds 25m3 per 500m2 and a detailed site investigation does not exist. The applicant has stated that it cannot be concluded at this time that the soil contamination will not exceed the applicable standards in Regulation 7 and, as such, the soil disturbance requires a discretionary activity resource consent pursuant to Regulation 11 of the NES. Note – relevant to all work packages.

Discharge permits (s15) – R/REG/2016/2011 Auckland Council Regional Plan: Air, Land and Water (ACRP:ALW) •

The findings of the site investigation report state that soil contamination has not been identified above permitted activity criteria. However, the investigations were limited in scope due to site constraints and, as such, there is potential for contaminated fill to be present within the project footprint. As such, the discharge of contaminants to land and water from the proposed land disturbance requires a restricted discretionary activity resource consent pursuant to Rule 5.5.44A of the ACRP:ALW. Note – relevant to all work packages.

Proposed Auckland Unitary Plan (PAUP) •

The findings of the site investigation report state that soil contamination has not been identified above permitted activity criteria. However, the investigations were limited in scope due to site constraints and, as such, there is potential for contaminated fill to be present within the project footprint. As such, contaminated land discharges from the proposed land disturbance require restricted discretionary activity resource consent pursuant to Part 3, Chapter H, Section 4.5, Rule 2.3.1 of the PAUP. Note – relevant to all work packages.

Decision I have read the applications, supporting documents, and the report and recommendations on the consent applications. I am satisfied that I have sufficient information to consider the matters required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on the applications.

Acting under delegated authority, under sections 104, 104D, 105 and 107 and Part 2 of the RMA, the applications are GRANTED.

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Reasons The reasons for this decision are: 1.

The proposal passes the tests under section 104D for non-complying activities. As discussed below the proposal is not contrary to the relevant objectives and policies and will have less than minor adverse effects on the environment.

2.

In accordance with an assessment under section 104(1)(a) of the RMA, the actual and potential effects from the proposal will be avoided, minimised or appropriately managed as: -

The works will be undertaken in accordance with the measures detailed in the Construction Environmental Management Plan to effectively mitigate and manage any actual or potential effects associated with contaminated land.

-

The proposed works are fairly typical of other network utility works undertaken in Central Auckland and involve small amounts of earthworks that are temporary in nature and will be managed so as to minimise potential and actual adverse effects to the environment.

-

The utilities works will take place identified overland flow paths and within a 100 year ARI floodplain. However, the excavations associated with the utilities works will be of a short duration and, once installation is complete, all areas will be reinstated with no material change to the surface type or gradient.

-

The contractor will, in conjunction with network utility operators, determine guidelines and protocols to identify the specific location of utilities and acceptable separation distances prior to excavation, if required.

-

Any traffic effects will be appropriately managed through the traffic management plan. Vehicular and pedestrian access will be maintained at all times.

-

Appropriate measures are proposed, including fencing and monitoring, for works within the dripline of street trees.

-

Appropriate vibration standards and associated conditions have been proposed by the applicant. Council’s Consultant Specialist is comfortable with the standards and associated conditions and considers them appropriate to manage any actual or potential vibration effects.

3.

In terms of positive effects, the utility works will ensure the ongoing development and continued supply of network utility services in Central Auckland while the City Rail Link is under construction. Providing ongoing network utility services is critical to supporting the existing and future well-being of residents and businesses.

4.

In accordance with an assessment under section 104(1)(b) of the RMA, the proposal is consistent with the relevant statutory documents. In particular, the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (the NES), Auckland Council Regional Policy Statement, the Auckland Council District Plan: Central Area and the Auckland Council Regional Plan: Air, Land and Water (ACRP:ALW) as the upgrading of infrastructure to service the needs of existing and planned use and development is supported by these statutory documents. In addition, the anticipated

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vibration levels are considered to be reasonable in the Central Area. Further, best practice measures are proposed to appropriately manage and mitigate actual and potential effects.

5.

In accordance with an assessment under section 104(1)(c) of the RMA, no other matters are considered relevant.

6.

Under the Proposed Auckland Unitary Plan (PAUP), the same conclusions are drawn with respect to the objectives and policies. As such, no weighting assessment is required.

7.

This proposal achieves the sustainable management purpose of the RMA under Part 2 because the upgrading and provision of network utility infrastructure is required to service the residents and businesses in the Central Area and the best practice work methodologies that are proposed will ensure that people and the environment are protected.

Overall the proposal is acceptable.

Conditions Under section 108 of the RMA, these consents are subject to the following conditions:

General conditions 1.

The utility works shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the council as consent numbers R/LUC/2016/2007 and R/REG/2016/2011.

•

Application Form, and Assessment of Environmental Effects prepared by Aurecon New Zealand Limited, dated 18 May 2016, including: Report title and reference

Author

Arboricultural Memorandum – Subject Documentation to support additional resource consent applications – utility works

AECOM

City Rail Link – Addendum to Albert Street Utility Works Assessment of Environmental Effects – Auckland Transport

Aurecon New Zealand Ltd

Rev

Dated 10 May 2016

1.0

31 May 2016

Attachment 2 Updated Schedule of Works (included as Attachment 2 to Addendum Letter) Attachment 3 Updated Traffic MemorandumSubject CRL C2 – Additional Utility Works Traffic Assessment (included as Attachment 2 to Addendum Letter)

AECOM

Construction Environmental Management Plan Utility Works, including all appendices

Connectus

30 May 2016

3.0

30 May 2016

CRL-PAT-ENV-CON-PLN- 001347 Attachment 5 Updated Construction Noise and Vibration Assessment -Subject utility Relocation Works: Swanson Street West and Wyndham Street – Construction Noise and Vibration Assessment

R/LUC/2016/2007 and R/REG/2016/2011

AECOM

31 May 2016

Page 4

Plan title and reference

Author

Rev

Dated

SP1 Cut and Cover Utility Relocation Summary

L.S.

B

26.05.2016

L.S

B

26.05.2016

Other additional information

Author

Rev

Dated

Email – Subject “Draft s92 matters (thus far) for the Albert Street Utility works”

Jeremy Talbot of Aurecon New Zealand Ltd

9 June 2016

Email – Subject “C.2 Utilities Application S.92 Response”

Anna Lewis of Beca

17 June 2016

CRLC2-SKE-0440 SP1 Cut and Cover Wyndham Street CRLC2-SKE-0443

Lapse date 2.

Under section 125 of the RMA, this consent lapses five years after the date it is granted unless: a.

The consent is given effect to; or

b.

The council extends the period after which the consent lapses.

Monitoring charges 3.

The consent holder shall pay the council an initial consent compliance monitoring charge of $280 inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs incurred to ensure compliance with the conditions attached to this consent/s.

Advice note: The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, monitoring of conditions, in excess of those covered by the deposit, shall be charged at the relevant hourly rate applicable at the time. The consent holder will be advised of the further monitoring charge.

Only after all conditions of the resource consent have been met, will the council issue a letter confirming compliance on request of the consent holder.

Pre-construction meeting and notification 4.

Prior to commencement of construction works, the consent holder shall arrange a preconstruction meeting with Council (Team Leader Central Monitoring in conjunction with the relevant technical specialists, as required) as well as the site contractor and shall invite the following Mana Whenua groups to attend as follows: Ngati Maru, Ngati Paoa, Ngai Tai Ki Tamaki, Ngati Te Ata Waiohua, Te Kawerau a Maki, Ngati Whatua o Orakei, Te Akitai, and Ngati Tamaoho. a.

The meeting shall be located on the subject site unless otherwise agreed;

b.

The meeting shall be scheduled no less than two working days before the anticipated commencement of works;

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c.

The meeting shall include the works arborist, required by condition 24, who shall inspect the trees in the vicinity of the package 8B works and specify the proposed measures to protect these trees in accordance with conditions 24-28;

d.

The meeting shall include representation from the contractor who will undertake the works;

e.

The following information shall be made available to all attendees by the consent holder at the pre- construction meeting: i)

Conditions of consent;

ii)

Approved (signed/stamped) construction plans;

iii)

Timeframes for key stages of the works authorised under this consent;

iv)

Contact details of the site contractor and other key contractors;

v)

All relevant management plans; and

vi)

A copy of the Corridor Access Request from Auckland Transport.

Mana Whenua consultation 5.

The consent holder shall provide for an ongoing role for the Mana Whenua forum (established by the City Rail Link Project) during the construction works.

6.

The role of the Mana Whenua forum may include the following: a.

Working collaboratively with the Consent Holder around archaeological matters; and

b.

Undertaking Kaitiakitanga responsibilities associated with the construction works, including monitoring, assisting with discovery procedures, and providing matauranga Maori input in the relevant stages of the Project.

Construction management 7.

The updated Construction Environmental Management Plan (CEMP) submitted during the processing of these consent applications shall be implemented and maintained throughout the entire construction period of the Project to manage potential adverse effects arising from construction works. Any significant variations to the CEMP shall be approved, in writing, by the Council (Team Leader Central Monitoring).

Concerns and complaint management 8.

Upon receiving a complaint during construction, the consent holder shall instigate the processes detailed in the CEMP to address concerns of complaints received about adverse effects.

9.

The CEMP database of concerns and/or complaints shall be made available to Council upon request of the Council (Team Leader Central Monitoring).

10.

Where a complaint remains unresolved or a dispute arises, the consent holder shall provide to Council (Team Leader Central Monitoring) a copy of all records of the complaint and advice as to: a.

How it was dealt with and addressed; and

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b.

11.

Whether the consent holder considers that any other steps to resolve the complaint are required.

Upon receiving records of the complaint, the Council (Team Leader Central Monitoring) may determine whether a review of the CEMP is required to address the complaint.

Archaeology 12.

If any archaeological remains (including human remains) or artefacts are exposed during the works period then the following procedures shall apply: a.

If it becomes apparent that archaeological remains or artefacts have been exposed, all site works in the subject area shall cease; and

b.

The affected area shall immediately be secured in a way that ensures that any remains or artefacts are untouched; and

c.

The consent holder shall notify the Council (Team Leader Central Monitoring), Heritage New Zealand and, in the case of human remains, the Police, that archaeological remains or artefacts have been exposed so that appropriate action can be taken. No works shall recommence in the affected area until approval to do so has been provided from the Council (Team Leader Central Monitoring) following consultation with all other interested parties.

Specific conditions – land use consent R/LUC/2016/2007 National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Public Health 13.

Excess soil or waste materials removed from the site shall be deposited at a disposal site that holds a consent to accept the relevant level of contamination.

14.

Where contaminants are identified that have not been anticipated by the application, works in the area containing the unexpected contamination shall cease until the contingency measures outlined in the Construction Environmental Management Plan have been implemented and have been notified to the Council (Team Leader Central Monitoring).

Advice note: Any unexpected contamination, may include contaminated soil, perched water, groundwater, or underground tanks. The consent holder is advised that where unexpected contamination is significantly different in extent and concentration from that anticipated in the original site investigations, handling the contamination may be outside the scope of this consent. Advice should be sought from the Team Leader Central Monitoring, Auckland Council, prior to carrying out any further work in the area of the unexpected contamination to ensure this is within the scope of this consent.

15.

During earthworks all necessary action shall be taken by the consent holder to prevent dust generation. Sufficient water shall be available to dampen exposed soil, and/or other dust suppressing measures shall be available to avoid dust formation. The consent holder shall ensure that dust management during the excavation works generally complies with the Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions, MfE (2001).

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16.

Within 3 months of the completion of earthworks on the site, a Site Validation Report (SVR) shall be provided to the Council (Team Leader Central Monitoring). The SVR shall be prepared by a suitably qualified and experienced contaminated land professional in accordance with the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health and Schedule 13 (A5) of the Auckland Council Regional Plan: Air, Land and Water (ACRP:ALW). The SVR shall meet the requirements of the Contaminated Land Management Guidelines, Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2011.

The person preparing the SVR shall also provide a statement certifying that all works have been carried out in accordance with the requirements of the consent.

17.

The SVR should contain sufficient detail to address the following matters: a.

a summary of the works undertaken, including a statement confirming whether the excavation of the site has been completed in accordance with the Assessment of Environmental Effects;

b.

a statement on the compliance with the approved Construction Environmental Management Plan during the works;

c.

the location and dimensions of the excavations carried out, the volume of soil excavated, including a relevant site plan;

d.

details and results of any testing undertaken and interpretation of the results in the context of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health;

e.

copies of the disposal dockets for the material removed from the site;

f.

records of any unexpected contamination encountered during the works, if applicable;

g.

details regarding any complaints and/or breaches of the procedures set out in the CEMP and the conditions of this consent;

h.

conditions of the final site ground surface; and

i.

a description of additional monitoring undertaken.

Traffic 18.

The consent holder shall prepare and submit to Council (Team Leader Central Monitoring) a Temporary Traffic Management Plan (TTMP) for certification prior to any work commencing. The TTMP shall include, but not be limited to, details of what signs will be installed to manage traffic during construction and where these signs will be located.

19.

Where only one departure lane is available on either leg of Wyndham Street, the opposite (approach) leg shall have no more than one lane permitting through traffic.

Construction Vibration – Building Damage 20.

Construction vibration shall at all times comply with the following limits at all buildings or structures:

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Long-term (continuous) vibration

1

Short-term (transient) vibration Type of Structure

PPV at the foundation at a frequency of

PPV at horizontal plane of highest floor (mm/s)

1-10Hz (mm/s)

10-50 Hz (mm/s)

50-100 Hz (mm/s)

PPV at horizontal plane of highest floor (mm/s)

Commercial/ Industrial

20

20 – 40

40 – 50

40

10

Residential/ School

5

5 – 15

15 – 20

15

5

Historic or sensitive structures

3

3–8

8 – 10

8

2.5

Advice notes: Standard DIN 4150-3:1999 defines short-term (transient) vibration as “vibration which does not occur often enough to cause structural fatigue and which does not produce resonance in the structure being evaluated”. Long-term (continuous) vibration is defined as all other vibration types not covered by the short-term vibration definition.

Construction vibration shall be measured in accordance with German Standard DIN 41503:1999.

Construction Vibration - Amenity 21.

Between the hours of 10pm and 7am, vibration generated by construction activities shall not exceed a Peak Particle Velocity (PPV) of 0.3mm/s when measured at any part of the floor of any occupied bedroom.

22.

Between the hours of 7am and 10pm, vibration generated by construction activities shall not exceed:

23.

a.

a PPV of 1mm/s as measured on the floor of the receiving room for residentially occupied habitable rooms, bedrooms in temporary accommodation and medical facilities; and

b.

a PPV of 2mm/s as measured on the floor of the receiving room for occupied retail and office spaces (including work areas and meeting rooms).

The limits in condition 22 shall only be investigated and applied upon the receipt of a complaint from any building occupant. They shall not be applied where there is no concern from the occupant of the building.

Street Trees 24.

A suitably qualified and experienced council approved arborist (“works arborist”) shall be engaged by the consent holder at the start of the project to supervise the package 8B works when the works are in the vicinity of street trees. The appointed works arborist must be experienced in tree protection systems and construction methodologies and will need to be able to coordinate site works ensuring that the tree protection methodology is correctly implemented.

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25.

The consent holder shall ensure that suitable protective fences are erected around trees which, in the opinion of the works arborist, will be potentially affected by the works. The exact location and nature of the protective fence(s) shall first be agreed with the works arborist. For the duration of time the protective fence(s) are in place, the area(s) enclosed by the fence shall be regarded as sacrosanct, and no material is to be stored, emptied or disposed of within the area enclosed by the protective fence. No person, vehicle or machinery may enter the area enclosed by the protective fence(s) unless otherwise authorised to do so by the works arborist.

Advice note: If during the course of the works, machinery or vehicle access/manoeuvring is required in or around the root zone of any of the trees then, depending on the nature of the loading of the machinery or vehicle, it may be necessary to cover those areas with a protective overlay sufficient to protect the ground from being muddied, compacted, churned up or otherwise disturbed (for example “Track Mats”, or a layer of mulch or sand/SAP7 overlaid if necessary with a raft of wire planks, plywood or similar).

26.

No material is to be stored, emptied or disposed of in or around the root zone of any of the trees unless otherwise authorised to do so by the works arborist. Any material which is to be stored or temporarily placed in or around the root zone of any of the trees shall be stored carefully on an existing or temporary hard surface such as asphalt or plywood sheets respectively.

27.

All excavations which are to take place in or around the root zone of any of the trees which, in the opinion of the works arborist, will be affected by the works shall be done through a careful combination of machine excavation and hand digging to the satisfaction of the works arborist. This shall include all pilot holes and drill entry exit pits.

28.

Should any damage occur to street trees during the course of the work then works shall cease and the consent holder shall directly contact the Council (Arboricultural Advisor) to arrange for a site inspection.

Specific conditions – discharge permit R/REG/2016/2011 Consent duration 29.

This consent shall expire one year following the commencement of this consent unless it has been surrendered or been cancelled at an earlier date pursuant to the Resource Management Act 1991.

Monitoring and sampling 30.

All disturbance works shall be monitored by a suitably qualified and experienced contaminated land practitioner who shall ensure that all management options and contingency measures outlined in the report “Construction Environmental Management Plan Utility Works”, dated 30 May 2016, and prepared by Connectus and all relevant consent conditions are adhered to.

31.

All sampling and testing of contamination on the site, if required, shall be overseen by a suitably qualified and experienced contaminated land practitioner. All sampling shall be undertaken in accordance with Contaminated Land Management Guidelines, No.5 - Site Investigation and Analysis of Soils, Ministry for the Environment, revised 2011.

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Sediment control 32.

All excavation in the work areas shall be managed to minimise any discharge of debris, soil, silt, sediment or sediment-laden water from beyond subject site to either land, stormwater drainage systems, watercourses or receiving waters.

33.

Erosion and sediment controls shall be installed along the boundaries of the disturbance areas in accordance with the Auckland Regional Council Guidelines for Land Disturbing Activities in the Auckland Region, Technical Publication TP90. Filter cloths or cover mats shall be installed over the stormwater cesspits in the vicinity of the excavation areas.

Advice note: Discharge from the site includes the disposal of water (eg. perched groundwater or collected surface water) from the remediation area.

Disposal management 34.

The soils and/or fill material identified for off-site disposal shall primarily be loaded directly into trucks and shall be covered during transportation off site. If required, temporary stockpiles shall be located within an area protected by erosion and sediment controls, and be covered with tarpaulins anchored at the edges outside working hours and during periods of heavy rain. All soil removed from the land disturbance area shall be deposited at a disposal site that holds a consent to accept the relevant level of contamination.

35.

Where it can be demonstrated that the soil has been fully characterised in accordance with the Ministry for the Environment’s ‘A guide to the management of cleanfills’ (2002) and meets the definition of ‘cleanfill’, the removal to a consented disposal site is not required. In such circumstances, the Council (Team Leader Central Monitoring) shall be advised prior its removal from the site.

Dust 36.

At all times dust shall be controlled in accordance with the publication titled Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions, Ministry for the Environment (2001).

Perched groundwater or surface water 37.

Any perched groundwater, or surface water encountered within the excavation area requiring removal shall be considered potentially contaminated, and shall either: a.

be disposed of by a licenced liquid waste contractor; or

b.

pumped to sewer, providing the relevant permits are obtained; or

c.

discharged to the stormwater system or surface waters provided testing demonstrates compliance with the Australian and New Zealand Environment Conservation Council (ANZECC) Guidelines for Fresh and Marine Water Quality (2000) for the protection of 95 percent of freshwater species.

Imported fill 38.

All imported fill shall: a.

comply with the definition of 'cleanfill', as per 'A Guide to the Management of Cleanfills’, Ministry for the Environment (2002); and

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b.

be solid material of an inert nature; and

c.

not contain hazardous substances or contaminants above natural background levels of the receiving site.

Advice note: Background levels for the Auckland Region can be found in the Auckland Regional Council technical publication “TP153, Background concentrations of inorganic elements in soils from the Auckland Region�, (2001).

Unexpected discovery 39.

Where contaminants are identified that have not been anticipated by the application, works in the area containing the unexpected contamination shall cease until the contingency measures outlined in the Construction Environmental Management Plan have been implemented and have been notified to the Council (Team Leader Central Monitoring).

Advice note: Any unexpected contamination, may include contaminated soil, perched water or groundwater. The consent holder is advised that where unexpected contamination is significantly different in extent and concentration from that anticipated in the original site investigations, handling the contamination may be outside the scope of this consent. Advice should be sought from the Council (Team Leader Central Monitoring) as to whether carrying out any further work in the area of the unexpected contamination is within scope of this consent.

Site completion report 40.

Within three months of the completion of the soil disturbance activities on site, a Site Completion Report (SCR) shall be provided to the Council (Team Leader Central Monitoring). The SCR shall be prepared by a suitably qualified and experienced contaminated land practitioner and shall include details of any soil sampling undertaken.

The SCR shall contain sufficient detail to address the following matters: a.

a summary of the works undertaken, including a statement confirming whether the excavation of the site has been completed in accordance with the application;

b.

the location and dimensions of the excavations carried out, including a relevant site plan;

c.

a summary of any testing undertaken, if required, including tabulated analytical results, and interpretation of the results in the context of the contaminated land rules of the Auckland Council Regional Plan: Air, Land, and Water and the Proposed Auckland Unitary Plan;

d.

copies of the disposal dockets for the material removed from the site;

e.

evidence that all imported fill material complies with the definition of 'cleanfill', as per 'A Guide to the Management of Cleanfills’, Ministry for the Environment (2002);

f.

records of any unexpected contamination encountered during the works, if applicable; and

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g.

details regarding any complaints and/or breaches of the procedures set out in the CEMP and the conditions of this consent.

Advice notes 1.

Any reference to number of days within this decision refers to working days as defined in section 2 of the RMA.

2.

For the purpose of compliance with the conditions of consent, “the council” refers to the council’s monitoring inspector unless otherwise specified. Please contact monitoring@aucklandcouncil.govt.nz to identify your allocated officer.

3.

For more information on the resource consent process with Auckland Council see the council’s website www.aucklandcouncil.govt.nz. General information on resource consents, including making an application to vary or cancel consent conditions can be found on the Ministry for the Environment’s website: www.mfe.govt.nz.

4.

If you disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A or 357B of the Resource Management Act 1991. Any objection must be made in writing to the council within 15 working days of notification of the decision.

5.

The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007 and the Health and Safety in Employment Act 1992), regulations, relevant Bylaws, and rules of law. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004.

Barry Kaye Duty Commissioner 22 June 2016

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