CRL-Section 127 Consent-Groundwater Ingress Threshold-16 May 2016

Decision on notification of an application to change conditions of a resource consent under section 127 under the Resource Management Act 1991 Application numbers:

R/VCC/2014/5428/1 R/VCC/2014/5432/1

Consent holder:

Auckland Transport

Site address:

7 & 12 Queen street, lower Queen street, Customs Street West and Albert Street ROAD Queen Street, Auckland Central, Auckland

1010

Legal description:

Various

Project Name:

City Rail Link (CRL) Britomart Station to Wyndham Street Section

Proposal: To change conditions 111 and 131 of resource consent R/REG/2014/5432 in order to provide for an inconsistency between the wording of conditions 111 and 131 and the groundwater analysis undertaken as part of the application (‘Groundwater Effects Assessment’).

To change general condition 1 of resource consents R/LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437 by introducing drawing CRL-PAT-CIV-000-DRG-0007, Rev 1.0 dated 18 March 2016, the s127 application letter dated 20 April 2016 and an additional technical memo from PDP dated 5 May 2016.

Having read the application, supporting documents, specialist comments and the council planner’s report and recommendations on the application, I am satisfied I have sufficient information to consider the matters required by the Resource Management Act 1991 (the RMA) and to make a decision on notification.

Under section 95A of the RMA this application shall proceed without public notification because: •

The adverse effects on the environment as a result of the changes will be less than minor because: -

Adjacent buildings at 12-14 Customs St West (Customs House) and 3 Albert St are founded on Waitemata bedrock.

-

Potential settlement from the dewatering of fill materials are predicted at settlements of <10mm from full drainage of the reclamation fill at BH202B.

-

Construction dewatering effects would be kept within the consented envelope for total settlement as required by existing Conditions 107 and 108 on the original consents application.

R/VCC/2014/5428/1 & R/VCC/2014/5432/1

•

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

•

There are no other reasons, including special circumstances, to warrant notification given the nature of the proposal in the context of the original deciison.

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

There are no persons adversely affected by the changes because effects have been determined as less than minor.

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

Barry Kaye Duty Commissioner 16 May 2016

R/VCC/2014/5428/1 & R/VCC/2014/5432/1

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Decision on an application to change conditions of a resource consent under section 127 under the Resource Management Act 1991 Application numbers:

R/VCC/2014/5428/1 R/VCC/2014/5432/1

Consent holder:

Auckland Transport

Site address:

7 & 12 Queen street, lower Queen street, Customs Street West and Albert Street ROAD Queen Street, Auckland Central, Auckland

1010

Legal description:

Various

Project Name:

City Rail Link (CRL) Britomart Station to Wyndham Street Section

Proposal: To change conditions 111 and 131 of resource consent R/REG/2014/5432 in order to provide for an inconsistency between the wording of conditions 111 and 131 and the groundwater analysis undertaken as part of the application (‘Groundwater Effects Assessment’).

To change general condition 1 of resource consents R/LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437 by introducing drawing CRL-PAT-CIV-000-DRG-0007, Rev 1.0 dated 18 March 2016, the s127 application letter dated 20 April 2016 and an additional technical memo from PDP dated 5 May 2016.

Having read the application, supporting documents, specialist comments and the council planner’s report and recommendations on the application, I am satisfied I have sufficient information to consider the matters required by the Resource Management Act 1991 (the RMA) and to make a decision on the application.

Decision Under sections 104, 104B, 127 and Part 2 of the RMA this application to change conditions 111 and 131 of resource consent R/REG/2014/5432 and to change general condition 1 of resource consents /LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437 is GRANTED. The reasons for this decision are: 1.

The proposal is appropriately considered under s127 as the changes will not result in a fundamentally different activity or materially different effects.

2.

In accordance with an assessment under s104(1)(a) and s127(3) of the RMA the actual and potential effects from the variation will be acceptable and have been determined as less than minor for the following reasons: -

Adjacent buildings at 12-14 Customs St West (Customs House) and 3 Albert St are founded on Waitemata bedrock.

R/VCC/2014/5428/1 & R/VCC/2014/5432/1

-

Potential settlement from the dewatering of fill materials are predicted at settlements of <10mm from full drainage of the reclamation fill at BH202B.

-

Construction dewatering effects would be kept within the consented envelope for total settlement as required by existing Conditions 107 and 108 on the original consents application.

3.

In accordance with an assessment under s104(1)(b) and s 127(3) of the RMA the variation is consistent with the relevant statutory documents. In particular, the change to conditions and effects from those changes will not alter the assessment of the relevant objectives and policies which was undertaken as part of the original Assessment of Environmental Effects in support of the original application (as set out in Section 9 of the AEE dated 19 Dec 2014).

4.

This variation achieves the sustainable management purpose of the RMA in Part 2 because the completed CRL will provide for the social and economic wellbeing of people and communities in Auckland by improving transport access into and around the city centre, improving efficiency and resilience of the transport network of urban Auckland, contributing to increasing Auckland’s economic growth and providing a sustainable transport solution that minimises environmental impacts.

Changes Under section 127 of the RMA conditions 111 and 131 of resource consent R/REG/2014/5432 and general condition 1 of resource consents R/LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437 are changed as set out below.

Deletions shown in strikethrough and additions shown in bold and underlined.

Condition 111 of R/REG/2014/5432 “The Consent Holder shall design, construct and continuously maintain the temporary perimeter cut-off walls to achieve no more than 0.3m3/day ingress (through the wall) of groundwater per 10m of wall for both the Chief Post Office Excavation Ch50m to Ch95m (“CPO”) and the CRL Trench Excavation Ch95 to Ch300m approximately Ch250m (CRL Up Main MC30) and approximately Ch260m (CRL Down Main MC20), as shown on drawing CRL-PAT-CIV-000-DRG-0007, Rev 1.0 dated 23/03/16.”

Condition 131 of R/REG/2014/5432 “Note 1: Schedule B applies to the area from chainage 300 250 to 610, being the area other than that defined as “Britomart” in Schedule B.1.”

“Note 2: Schedule B.1 applies to the Britomart area only, being that area from chainage 50 to 300 250.”

To vary general Condition 1 of consents R/LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437 by introducing drawing CRL-PAT-CIV-000-DRG-0007, Rev 1.0 dated 18/03/16, the s127 R/VCC/2014/5428/1 & R/VCC/2014/5432/1

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application letter dated 20 April 2016 and an additional technical memo from PDP dated 5 May 2016.

Plan title and reference

Author

Rev

Dated

Contract 2 Temporary Works Headwall

Aurecon

1.0

23/03/16

Other additional information

Author

Rev

Dated

Application For Change Of Conditions Of Resource Consent Under The Resource Management Act 1991 – Condition 1 And 111 Of

Aurecon New Zealand Limited

1.0

23/03/16

CRL-PAT-CIV-000-DRG-0007

…

R/LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437; City Rail Link Britomart Station To Wyndham Street Section; Auckland Transport; Technical Memo from PDP, titled ‘RE Britomart to Wyndham CRL Section – Consent Condition 131’, dated 5 May 2016, pages 1 to 3.

All other conditions of resource consents R/LUC/2014/5428, R/REG/2014/5430, R/REG/2014/5432, R/REG/2014/5435, R/REG/2014/5436 and R/REG/2014/5437 remain unchanged and in effect.

Barry Kaye Duty Commissioner 16 May 2016

R/VCC/2014/5428/1 & R/VCC/2014/5432/1

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