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Hume Coal Project RTS Volume 1

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Hume Coal Project RTS Volume 1 24 Aboriginal heritage 24.1 Impacts to Aboriginal sites Submissions by OEH, the Nature Conservation Council of NSW (NCC) and some community members commented generally about the project’s impact on Aboriginal sites. The Nature Conservation Council stated that “we are concerned that the proponent acknowledges the two projects will impact eight sites of moderate significance.” OEH stated that: “The Aboriginal cultural heritage assessment has complied with OEH guidelines. While many of the recorded Aboriginal Cultural heritage sites within the impact area have been avoided, impacts to Aboriginal objects will still occur so mitigation is required.” A number of community submissions raised generally that the potential to Aboriginal heritage will result in a negative outcome, with some contending that all Aboriginal sites should be considered of high significance. Five community submissions responded positively to the measures undertaken to avoid impacts to Aboriginal sites. OEH’s submission also requested that Hume Coal “confirm that there are no further ancillary impact areas, temporary vehicle tracks, service installations, stockpile locations and lay down areas (as well as any new machine access routes required) to be assessed for Aboriginal cultural heritage impacts.” It is acknowledged that Aboriginal sites will be impacted; however, as explained in the Hume Coal Project Aboriginal Cultural Heritage Assessment (ACHA) (EMM 2017d) the project has been refined to avoid, minimise and mitigate impacts where possible, which are the primary objectives in any environmental assessment. Section 10.6.3 of the Hume Coal Project ACHA (EMM 2017d) provides the following summary of direct impacts: 20 sites will be directly impacted by the Hume Coal Project surface infrastructure area. This comprises: - no sites of high significance; - six sites of moderate significance, two of which are of higher moderate significance (HC_135 and HC_151); and - 14 sites of low significance. Eight sites will be directly impacted by the Berrima Rail Project, comprising: - no sites of high significance; - two sites of higher moderate significance (HC_176 and HC_177); and - six sites of low significance. J12055RP2 543 It is acknowledged that 28 Aboriginal sites will be directly impacted by the two projects. However, this outcome is the result of a process employed throughout the EIS that has aimed to minimise impacts to Aboriginal sites. As discussed in Section 10.5 of the ACHA, Hume Coal consulted with EMM archaeologists to avoid impacts to Aboriginal sites where possible. This involved desktop constraints analyses and staged archaeological surveys that firstly identified the most archaeologically sensitive areas so that the project could be designed to avoid or minimise impacts to these areas. Five of the twenty community submissions that mentioned Aboriginal cultural heritage acknowledged the attempts that have been made to avoid Aboriginal sites and objects where possible. A major design modification involved setting back most of the surface infrastructure area beyond 200 m from the banks of the main water ways in the project area (Oldbury Creek and Medway Rivulet). Consequently, the surface infrastructure area will avoid most of the nearby Aboriginal sites and areas of moderate archaeological sensitivity. This is best shown visually in Figure 8.2 of the ACHA (EMM 2017d), and replicated below in Figure 24.1. Notwithstanding, some unavoidable impacts will result from the linear infrastructure that is required to traverse the main water ways such as conveyors, vehicle track upgrades and railways. Overall, a substantial archaeological resource will remain in the project area, considering that 191 of the 219 Aboriginal sites assessed in the ACHA (91%) will not be directly impacted by the Hume Coal Project or Berrima Rail Project. Mitigation measures will be carried out for all of the Aboriginal sites within the project disturbance footprints, as outlined in Section 11.2 of Hume Coal Project ACHA. This will involve either surface artefact collection or further archaeological excavation. In particular, six of the eight sites of moderate significance (as raised for concern by NCC) will be subject to salvage excavation measures which are the most comprehensive form of mitigation available. These six sites are likely to have the largest subsurface artefact assemblages but are generally disturbed by historical farming practices. From an archaeological perspective these sites do not have the contextual integrity to warrant outright conservation. The remaining two sites of moderate significance will have their surface contents collected only, because extensive subsurface artefact deposits within the portions that will be impacted are unlikely. Two community submissions stated all Aboriginal sites should be considered of high significance. EMM acknowledge that the Aboriginal community generally considers Aboriginal objects of high cultural significance; however, they must also be given a scientific or archaeological level of significance. The rationale is that by attributing sites with different levels of significance, management measures can be targeted towards sites that warrant more attention (considering that there is a finite resource that can be allocated to Aboriginal heritage management). If all sites were attributed high significance, there would be less impetus to direct resources to conservation and mitigation appropriately. OEH also requested confirmation that there will be no further ancillary impact areas, temporary vehicle tracks, service installations, stockpile locations and lay down areas (as well as any new machine access routes required) to be assessed for Aboriginal cultural heritage impacts. The disturbance footprint presented in the Hume Coal Project EIS and Berrima Rail Project EIS provided appropriate buffers to allow for minor changes in the project layout during the detailed design and construction process. All surface disturbances will occur within the footprint presented and assessed in the EIS and ACHA. Accordingly, no further impacted areas are anticipated to those presented in the EIS. J12055RP2 544 MEDWAY ROAD Y A W KEY Hume Coal Project area OR T O Hume Coal Project surface infrastructure area M disturbance footprint ME U H Archaeological sensitivity OLD BU High # RY CREEK # Moderate # # s # r # s Low s r # r # Site type # # PAD # # Open stone artefact site with PAD # Grinding grooves with open stone artefact site # and PAD Y A Rock shelter with PAD W H # IG Rock shelter with art and PAD H s r E M U Rock shelter with art, deposit and PAD H D L Rock shelter with deposit and PAD O PAD area MEDWAYRI ULET V Isolated find Grinding grooves X Grinding grooves with rock pools Medway Dam # Potential scar tree Rock pool # # Open stone artefact site # s # r Open stone artefact site with subsurface deposit # # # # Subsurface artefact deposit # Rock shelter with art # # # # Aboriginal site area # # Outcropping sandstone Existing features Main road Y A W H Local road IG H E Drainage line M U H GOLDEN VALE ROAD OAD RY R BU Areas of archaeological sensitivity - # LD LL O WE S CRE surface infrastructure area # EK Hume Coal Project and Berrima Rail Project Response to submissions Figure 24.1 \\Emmsvr1\emm\Jobs\2012\J12055 - Hume Coal Project EIS\Background information\GIS\02_Maps\2018_RTS\ACHA024_ArcSensSIA_20180711_19.mxd 11/07/2018 -EIS\Background Coal information\GIS\02_Maps\2018_RTS\ACHA024_ArcSensSIA_20180711_19.mxd Hume Project \\Emmsvr1\emm\Jobs\2012\J12055 0 0.5 1 Source: EMM (2018); DFSI (2017); Hume Coal (2017) km GDA 1994 MGA Zone 56 ´ 24.2 Development of an Aboriginal Heritage Management Plan OEH’s submission recommends the development of an Aboriginal heritage management plan (AHMP). OEH recommended that the AHMP includes the following information: Detailed consultation protocol setting out how and when the Registered Aboriginal Parties (RAPs) will be consulted in both the construction and operational phases of the projects. Detailed archaeological salvage excavation methodology. Detailed methodology for monitoring rock shelter sites within the area of underground mining. Detailed methodology for community collection of surface artefacts within the impact footprint. Detail of the mitigation and site protection works required. Procedure for updating AHIMS site cards throughout the project. Procedure to manage and newly identified Aboriginal Cultural heritage sites. Detail of the long term management of recovered Aboriginal objects. Research into testing the predictive model of site location, for example through testing at HC_146. The AHMP should use AHIMS site numbers as well as site names to refer to sites. Hume Coal is committed to developing an AHMP, as outlined in Section 11.2.1 of the ACHA (EMM 2017d). It is proposed that the AHMP will cover both the Hume Coal Project and the Berrima Rail Project. The AHMP will be developed subsequent to development consent being granted and in consultation with OEH and the Registered Aboriginal Parties. The AHMP will include the information requested by OEH in their submission as summarised in the box above. OEH submission item 9 “Research into testing the predictive model of site location, for example through testing at HC_146” listed above has been addressed during the RTS phase as part of an additional test excavation program (refer to Section 24.3). The results indicate that the predictive model is accurate based on the sample of artefacts retrieved from the test excavation. Furthermore,
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