CRL-Resource Consent-Main Works Utility Investigations-21 December 2016

Decision on notification of an application for resource consent under the Resource Management Act 1991 Restricted discretionary activity Application number:

R/LUC/2016/4789

Applicant:

Auckland Transport

Site address:

Three CRL ‘Active Construction Zones’ (ACZ) within the locations of two new stations (Aotea Station and Karangahape Station) and Mt Eden Station.

Works to take place at Albert Street, Kingston Street, Mayoral Drive, Pitt Street, Beresford Square, Mercury Lane, Shaddock Street, Ruru Street, Flower Street, Nikau Street, Fenton Street, Mt Eden Road, Normanby Road and Boston Road.

Legal description:

Legal road/road reserve

Proposal: To undertake works relating to a series of trench/pothole utilities investigations required in various road/road reserves to investigate the location of subsurface utilities and geological conditions in advance of relocation and protection works required to support the CRL project.

The resource consents required are:

Land use consents (s9) – R/LUC/2016/4789 Auckland Unitary Plan: Operative in Part 

Earthworks for network utilities and electricity generation facilities that do not comply with the standards in E26.6.5.2 within a Site and Place of Significance to Mana Whenua Overlay.  In the Aotea Station ACZ, the proposed earthworks will exceed 10m2 and 5m3 and may exceed the area and depth of earth previously disturbed or modified (cannot comply with General Standards 26.6.5.2(15) and (18)). As such, resource consent as a restricted discretionary activity is required pursuant to Chapter E, Infrastructure, E26.6 Network Utilities and Electricity Generation,



Earthworks for network utilities and electricity generation facilities that do not comply with the standards in E26.6.5.2 within a Historic Heritage Overlay.  In the Karangahape Station ACZ the earthworks will exceed 10m2 and 5m3 and will take place within 20m of any building or structure within the scheduled historic heritage place, will exceed an excavation depth of 0.6m within a Historic Heritage Overlay (cannot comply with General Standards 26.6.6.52(15), (17)(a) and (17)(c)).

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As such, resource consent is required for a restricted discretionary activity pursuant to Chapter E, Infrastructure, E26.6 Network Utilities and Electricity Generation, E26.6.3.1 Activity Table, Rule A115 of the AUP OP 

Works within the protected root zone that do not comply with Standard E17.6.3 (surface area of a single excavation may exceed 1m², therefore does not comply with Standard E17.6.3(1)(a)(ii)), requires resource consent as a restricted discretionary activity pursuant to Table E17.4.1 Activity Table, Rule A8 of the AUP OP .



Work within the protected root zone not otherwise provided for land use activities in the Notable Trees Overlay (reference 13) requires resource consent as a restricted discretionary activity pursuant to Table D13.4.1 Activity Table, Rule A9 of the AUP OP

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCL) 

Soil disturbance for utilities investigations works on land subject to HAIL activities within the vicinity of the future Mt Eden Station.  The proposed volume of soil disturbance trenches exceeds 25m3 per 500m2 (does not comply with Regulation 8(3)(c)). The proposed volume of soil to be removed from site will exceed the maximum of 5m3 from the site per 500m2 (does not comply with Regulation 8(3)(d)(ii)).5 A DSI does not exist (does not comply with Regulation 9(1)(a)).6 It cannot be concluded at this time that the soil contamination will not exceed the applicable standards in NES Regulation7. As such, the soil disturbance requires resource consent as a discretionary activity pursuant to Regulation 11 of the NESCL.

Decision I have read the application, supporting documents, and the report and recommendations on the consent application. I am satisfied that I am in a position 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: 1.

The adverse effects on the environment will be no more than minor because: o

The construction works are permitted within the road.

o

A council heritage specialist has reviewed the proposal and is satisfied that historic heritage and archaeology will be suitably monitored throughout the works.

o

A contaminated land specialist has reviewed the application on behalf council and is satisfied that the proposed works resulting on human health can be effectively mitigated and managed as required under the NESCL.

o

A council arborist has reviewed the application and is satisfied that works in the vicinity of trees can be appropriately managed in order to ensure any potential adverse effects are minimal.

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o

The applicant has engaged with Mana Whenua prior to lodgement of the application and no further input was required.

o

Adverse effects during construction will be well managed.

2.

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

3.

There are no special circumstances that warrant public notification under section 95A(4) because there is nothing exceptional or unusual about the application, and the proposal has nothing out of the ordinary run of things to suggest that public notification should occur.

4.

There is adequate information and nothing about the specifics or issues of the proposed activity that warrants the exercise of any residual discretion under s95A(1) for public notification to better inform substantive decision making in achieving the purpose of the RMA.

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

2.

There are no adversely affected persons because: o

The construction works are permitted within the road.

o

A council heritage specialist has reviewed the proposal and is satisfied that historic heritage and archaeology will be suitably monitored throughout the works.

o

A contaminated land specialist has reviewed the application on behalf council and is satisfied that the proposed works resulting on human health can be effectively mitigated and managed as required under the NESCL.

o

A council arborist has reviewed the application and is satisfied that works in the vicinity of trees can be appropriately managed in order to ensure any potential adverse effects are minimal.

o

The applicant has engaged with Mana Whenua prior to lodgement of the application and no further input was required.

o

Adverse effects during construction will be well managed in order to minimise any disruption.

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

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

Mark Farnsworth MNZM Duty Commissioner 21 December 2016 R/LUC/2016/5031

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Decision on application(s) for resource consent under the Resource Management Act 1991 Discretionary activity Application number:

R/LUC/2016/4789

Applicant:

Auckland Transport

Site address:

Three CRL ‘Active Construction Zones’ (ACZ) within the locations of two new stations (Aotea Station and Karangahape Station) and Mt Eden Station.

Works to take place at Albert Street, Kingston Street, Mayoral Drive, Pitt Street, Beresford Square, Mercury Lane, Shaddock Street, Ruru Street, Flower Street, Nikau Street, Fenton Street, Mt Eden Road, Normanby Road and Boston Road.

Legal description:

Legal road/road reserve

Proposal: To undertake works relating to a series of trench/pothole utilities investigations required in various road/road reserves to investigate the location of subsurface utilities and geological conditions in advance of relocation and protection works required to support the CRL project.

The resource consents required are:

Land use consents (s9) – R/LUC/2016/4789 Auckland Unitary Plan: Operative in Part 

Earthworks for network utilities and electricity generation facilities that do not comply with the standards in E26.6.5.2 within a Site and Place of Significance to Mana Whenua Overlay.  In the Aotea Station ACZ, the proposed earthworks will exceed 10m2 and 5m3 and may exceed the area and depth of earth previously disturbed or modified (cannot comply with General Standards 26.6.5.2(15) and (18)). As such, resource consent as a restricted discretionary activity is required pursuant to Chapter E, Infrastructure, E26.6 Network Utilities and Electricity Generation,



Earthworks for network utilities and electricity generation facilities that do not comply with the standards in E26.6.5.2 within a Historic Heritage Overlay.

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



In the Karangahape Station ACZ the earthworks will exceed 10m2 and 5m3 and will take place within 20m of any building or structure within the scheduled historic heritage place, will exceed an excavation depth of 0.6m within a Historic Heritage Overlay (cannot comply with General Standards 26.6.6.52(15), (17)(a) and (17)(c)).

As such, resource consent is required for a restricted discretionary activity pursuant to Chapter E, Infrastructure, E26.6 Network Utilities and Electricity Generation, E26.6.3.1 Activity Table, Rule A115 of the AUP OP.

Works within the protected root zone that do not comply with Standard E17.6.3 (surface area of a single excavation may exceed 1m², therefore does not comply with Standard E17.6.3(1)(a)(ii)), requires resource consent as a restricted discretionary activity pursuant to Table E17.4.1 Activity Table, Rule A8 of the AUP OP.



Work within the protected root zone not otherwise provided for land use activities in the Notable Trees Overlay (reference 13) requires resource consent as a restricted discretionary activity pursuant to Table D13.4.1 Activity Table, Rule A9 of the AUPOP. National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCL) 

Soil disturbance for utilities investigations works on land subject to HAIL activities within the vicinity of the future Mt Eden Station.  The proposed volume of soil disturbance trenches exceeds 25m3 per 500m2 (does not comply with Regulation 8(3)(c)). The proposed volume of soil to be removed from site will exceed the maximum of 5m3 from the site per 500m2 (does not comply with Regulation 8(3)(d)(ii)).5 A DSI does not exist (does not comply with Regulation 9(1)(a)).6 It cannot be concluded at this time that the soil contamination will not exceed the applicable standards in NESCL Regulation7. As such, the soil disturbance requires resource consent as a discretionary activity pursuant to Regulation 11 of the NESCL.

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

Acting under delegated authority, under sections 104 and 104B the application is GRANTED.

1. Reasons The reasons for this decision are: o

In accordance with an assessment under s104(1)(a) of the RMA the actual and potential effects from the proposal will be mitigated or acceptable as: 

The majority of the works are permitted within the road. At the same time, consents are required for the scale of earthworks taking place within the Site and Place of Significance to Mana Whenua and the Historic Heritage Overlay along with works to trees contaminated land.

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o



A council heritage specialist has reviewed the proposal and is satisfied that historic heritage and archaeology will be suitably monitored throughout the works.



A contaminated land specialist has reviewed the application on behalf council and is satisfied that the proposed works resulting on human health can be effectively mitigated and managed as required under the NESCL.



A council arborist has reviewed the application and is satisfied that works in the vicinity of trees can be appropriately managed in order to ensure any potential adverse effects are minimal.



The applicant has engaged with Mana Whenua prior to lodgement of the application and no further input was required.



Adverse effects during construction will be well managed in order to minimise any disruption. In addition it is expected that these effects will be short-lived. Noise effects are not considered to be beyond those considered acceptable and associated with standard construction projects.



Any potential adverse effects resulting within the wider environment or to the adjacent properties/persons have been assessed as being less than minor.

In terms of positive effects: 

o

In accordance with an assessment under s104(1)(b) of the RMA the proposal is consistent with the relevant statutory documents. In particular: 



o

These investigations will contribute to the future detailed design for utilities relocation and protection works, identifying where the relocation of services is required, while assisting with managing and mitigating risks to existing services during the future CRL Aotea to NAL section works. Furthermore, where contaminated material is encountered, it will be removed and disposed of at a licensed facility. Overall the proposed preliminary investigations are necessary to progress the CRL Aotea to NAL section, which will benefit the residents and businesses within Auckland’s CBD, central area suburbs and the wider Auckland region.

Auckland Unitary Plan: Operative in Part 

D17 Historic Heritage Overlay



D21 Sites and Places of Significance to Mana Whenua Overlay



E17 Trees in roads



E26 Infrastructure



E30 Contaminated land

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCL)

In accordance with an assessment under s104(1)(c) of the RMA the following other matters are considered appropriate:

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

o

The monitoring of conditions in order to minimise potential adverse effects on the environment.

The proposal is considered to be consistent with Part 2 of the RMA being the sustainable management of natural and physical resources. The proposal contributes to the social, economic and cultural wellbeing of people and their community by enabling further informed development of Auckland CRL project contributing to a more efficient public transport network throughout the city. Overall, it is considered the cumulative safeguards of section 5(2)(a) to (c) have been met and the proposal thereby meets the purpose of the RMA. The overall adverse effects on the environment are no more than minor. Subject to the imposition of conditions, the effects can be further avoided, remedied or mitigated.

Overall the proposal is considered to have less than minor adverse effects on the environment and adjacent persons and properties. The development is consistent with all relevant national and regional policy statements, the Auckland Unitary Plan: Operative in Part, and Part 2 of the Resource Management Act 1991.

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

General conditions 1.

The discretionary activity 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 number R/LUC/2016/4789. 

Application Form, and Assessment of Environmental Effects prepared by Damien McGahan (Aurecon) dated 12 October 2016.

Report title and reference

Author

City Rail Link Tree Assessment, Revision 3, Reference A12053

Boffa Miskell

Arboricultural Assessment of CRL Designation 6 and NAL Designation Work at Boston Road, Auckland

Amenity Tree Consultants

Auckland City Rail Link Aotea Station to North Auckland Line Draft Contamination Soils Management Plan, no.1378206325068-R-Rev0

Golder Associates (NZ) Limited

Plan title and reference Drawings and Works Schedules as per Attachment 2 of the AEE 2.

Rev 1

Dated 22/08/2016 July 2016

0

Author

Rev

--

1

May 2016

Dated 22 Aug 2016

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

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b. The council extends the period after which the consent lapses.

3.

The consent holder shall pay the council an initial consent compliance monitoring charge of $900 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.

Specific conditions – land use consent R/LUC/2016/4789 CONSTRUCTION/ CONTAMINATED LAND MANAGEMENT Approved Management Plans (Environmental Management Plan / Contamination Monitoring and Management Plans / Remedial Action Plan) 4.

All earthworks shall be carried out in accordance with the Aotea Station to North Auckland Line Contaminated Soils Management Plan, Golder & Associates (NZ) Ltd, May 2016 (or any subsequent updated version), and any variations to the approved Contaminated Soils Management Plan shall be approved in writing by the Team Leader Central Monitoring, Auckland Council.

Ensure supervision and certification of contamination sampling

5.

All sampling and testing of contamination on the site shall be overseen by a suitably qualified contaminated land professional. All sampling shall be undertaken in accordance with Contaminated Land Management Guidelines No. 5 Site Investigation and Analysis of Soils (Revised 2011).

Certification that fill removed to appropriate disposal site.

6.

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

Certification of imported fill.

7.

The contamination levels of any imported soil/fill shall comply with Auckland Council’s clean fill criteria.

Contingency for unexpected material.

8.

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 approved Contaminated Soils Management Plan have been implemented, and have been notified to the Team Leader Central Monitoring, Auckland Council.

Advice Note:

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In accordance with Condition 9 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.

Ensure dust does not cause adverse effects.

9.

There shall be no airborne or deposited dust beyond the subject site as a result of the earthworks activity that in the opinion of the Team Leader Central Monitoring, is noxious, offensive or objectionable.

Advice Note: In accordance with condition 9 in order to manage dust on the site consideration should be given to adopting the following management techniques: stopping of works during high winds watering of haul roads, stockpiles and manoeuvring areas during dry periods installation and maintenance of wind fences and vegetated strips grassing or covering of stockpiles retention of existing shelter belts and vegetation positioning of haul roads, manoeuvring areas and stockpiles or the staging of works ( in relation to sensitive receptors such as dwellings) In assessing whether the effects are noxious, offensive or objectionable, the following factors will form important considerations: The frequency of dust nuisance events The intensity of events, as indicated by dust quantity and the degree of nuisance The duration of each dust nuisance event The offensiveness of the discharge, having regard to the nature of the dust The location of the dust nuisance, having regard to the sensitivity of the receiving environment.

It is recommended that potential measures as discussed with the council’s monitoring officer who will guide you on the most appropriate approach to take. Please contact the Team Leader Central Monitoring at monitoring@aucklandcouncil.govt.nz and/or on 09 301 0101 for more details. Alternatively, please refer to the Ministry for the Environment publication “Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions�.

Requirement for a Site Validation Report

10.

Within 3 months of the completion of earthworks on the site, a Site Validation Report shall be provided to the Team Leader Central Monitoring, Auckland Council. The Site Validation Report shall be prepared by a suitably qualified and experienced contaminated land professional in accordance with the National Environmental Standard for Assessing and Managing

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Contaminants in Soil to Protect Human Health and Schedule 13 (A5) of the Auckland Council Regional Plan: Air, Land and Water (ACRP:ALW).

The Site Validation Report 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 report shall also provide a statement certifying that all works have been carried out in accordance with the requirements of the consent.

Advice Note: The Site Validation Report required 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 resource consent conditions b) a statement on compliance with the approved Contaminated Soils 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 Contaminated Soils Management Plan and the conditions of this consent h) conditions of the final site ground surface and details of the validation sampling undertaken on materials re-used on site i)

a description of additional monitoring undertaken

WORKS TO TREES Awareness of and operation in accordance with tree protection measures 11.

The consent holder shall ensure that all contractors, sub-contractors, and workers engaged in all activities covered by this consent are advised of the tree protection measures in the conditions of consent and operate in accordance with them.

Identification of council and appointed supervisory (works) arborist

12.

The consent holder shall identify to the Council’s Parks, Sports and Recreation Arboriculture Advisor an Appointed Supervisory (Works) Arborist to be engaged by the consent holder to advise upon and supervise the tree protection measures required to ensure that the works have no more than a minor adverse impact upon the protected trees associated with the works.

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Erection of protective fence 13.

A sturdy 1.8m high framed protective fence, incorporating appropriate ground anchors, shall be erected at the outside edge of the protected root zone of all trees that are in close proximity to the excavation works, prior to the commencement of any work on the site. The purpose of the fences is to protect the trees from the effects of earthworks, including excavation, overfilling and construction works on the site. No work shall be carried out within the protected area and no excavation or fill materials shall be stored or placed within the protected area, either on a temporary or permanent basis.

Excavation within the rootzone

14.

Where the proposed excavation trench is within the rootzone of the protected trees, the fence may be temporarily shifted under the direct on site supervision of the Appointed Arborist to a position no further than one metre back from the cut face of the excavation. The tree protection fences shall remain in place until the completion of all works on the site.

Construction and Tree Protection Methodology

15.

All works for the proposed investigation trenches which occur within the rootzone of protected trees shall be undertaken in accordance with the Construction and Tree Protection Methodology listed at sections 2.2 & 2.3 of the AEE compiled for the activity by Aurecon NZ Limited dated 12 October 2016. A copy of this tree works methodology must be kept on site at all times during the construction period.

Provision of a completion memo

16.

A completion memo shall be provided by the Works Arborist to the Council's Resource Consents Arborist within one month of the finish of site works. The completion memo shall confirm (or otherwise) that the works have been undertaken in accordance with the tree protection measures in the conditions of consent and under the direction of the Works Arborist.

The completion memo shall also confirm (or otherwise) that the impact on the protected trees has been no greater than that afforded under the conditions of consent.

HISTORIC HERITAGE AND ARCHAEOLOGY Identification of historic heritage features

17.

If archaeological monitoring of the works identifies any historic heritage features, then those features shall be recorded by the Project Archaeologist according to accepted archaeological practice. Detailed notes of each feature will be made, photographs will be taken, and all subsurface features located will be detailed on the site plan. Stratigraphic drawings of the features will also be prepared. The Project Archaeologist shall include this information in a report, to be provided to the Council (Manager: Heritage Unit) within 20 working days of the completion of works

Advice notes Accidental Discovery Protocol 1.

If any archaeological features are uncovered on the site, works should cease and the Team Leader - Central Monitoring and Heritage New Zealand Pouhere Taonga (09 307 9920) should be notified immediately. The Heritage New Zealand Pouhere Taonga Act 2014 provides for the identification, protection, preservation and conservation of the

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historic and cultural heritage of New Zealand. It is an offence under this Act to destroy, damage or modify any archaeological site without an authority from Heritage New Zealand Pouhere Taonga. An archaeological site is defined as a place associated with pre-1900 human activity where there may be evidence relation to history of New Zealand. Archaeological features’ may include old whaling stations, ship wrecks, shell middens, hangi or ovens, pit depressions, defensive ditches, artefacts, or koiwi tangata (human skeletal remains), etc. For guidance and advice on managing the discovery of archaeological features, contact the Team Leader Cultural Heritage Implementation on 09 301 0101.

2.

Any reference to number of days within this decision refers to working days as defined in s2 of the RMA.

3.

For the purpose of compliance with the conditions of consent, “the council” refers to the council’s monitoring inspector unless otherwise specified. Please contact Team Leader Central Monitoring on 09 301 0101 or monitoring@aucklandcouncil.govt.nz to identify your allocated officer.

4.

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.

5.

If the consent holder disagrees with any of the above conditions, and/or disagrees with the additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A and/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 and/or notification of the additional charges.

6.

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 at Work Act 2015 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.

Mark Farnsworth MNZM Duty Commissioner 21 December 2016

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