FILE: 41986 (01 to 05) New Resource Consent Document Date: 11.08.2020

Pursuant to the Resource Management Act 1991, the Northland Regional Council (hereinafter called “the council”) does hereby grant a Resource Consent to:

AGROTRUST LIMITED, C/- J S ARIZAGA, 19B PACIFIC AVENUE, MOUNT MAUNGANUI 3116

To undertake the following activities associated with the development of an orchard on Lot 3 DP 470585 (State Highway 1, Pakaraka), at or about location co-ordinates 1686805E 6087706N:

Note: All location co-ordinates in this document refer to Geodetic Datum 2000, Transverse Mercator Projection.

AUT.041986.01.01 Take water from an unnamed tributary of the Waikopiro Stream for the purpose of filling a dam reservoir.

AUT.041986.02.01 Earthworks for the construction of an off-stream dam and land contouring.

AUT.041986.03.01 Discharge stormwater to water during land disturbance activities.

AUT.041986.04.01 Divert stormwater during land disturbance activities.

The following consent is issued under the Transfer of Powers, Functions and Duties from the Far North District Council:

AUT.041986.05.01 Earthworks for the construction of an off-stream dam and land contouring.

Subject to the following conditions:

AUT.041986.01 – Water Take:

1 The rate of taking shall not exceed 25 litres per second.

2 The Consent Holder shall install a meter that measures the volume of water taken in cubic metres. The meter shall:

(a) Be telemetered to the Northland Regional Council; (b) Be suited to the qualities of the water it is measuring (such as temperature, algae content, and sediment content); (c) Be sealed and as tamper-proof as practicable; (d) Be installed at the location from which water is taken; and (e) Have an accuracy within 5%.

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At all times, safe and easy access shall be provided to the meter for the purposes of undertaking visual inspections and water take measurements.

3 The Consent Holder shall verify that the meter required by Condition 2 is accurate. This verification shall be undertaken prior to 30 June:

(a) Following the first taking of water; and (b) At least once in every five years thereafter.

Each verification shall be undertaken by a person, who in the opinion of the council’s Compliance Manager, is suitably qualified. Written verification of the accuracy of the meter shall be provided to the council’s Compliance Manager by 31 July following the date of each verification.

4 The Consent Holder shall install and maintain a flow measuring device downstream of the take point at approximate location coordinates 1686347E 6087748N. The measuring device shall:

(a) Record, in litres per second, all flows up to 60 litres per second with an accuracy of ±10%, at a minimum of 1 record every 15 minutes; and (b) Be telemetered to the Northland Regional Council.

5 The design and construction of the flow measuring device, as required by Condition Error! Reference source not found., shall be undertaken in consultation with the council’s Hydrology Department. The flow measuring device shall not be installed until the council’s Compliance Manger has provided written certification that the water level measuring device is capable of meeting the requirements of Condition Error! Reference source not found..

6 Prior to exercising the consent for the first time, the flow measuring device required by Condition 4 shall be calibrated by a suitably qualified and experienced person to verify accuracy. The Consent Holder shall forward the details of the person who is to undertake the calibration to the council’s assigned monitoring officer at least one week prior to the work being carried out. Confirmation of calibration shall be forwarded to the council’s assigned monitoring officer at least one week prior to exercising the consent for the first time.

7 The flow measuring device and intake structure(s), including pumps, shall be adequately maintained so that they operate effectively at all times.

8 This consent can only be exercised when flows in the Waiaruhe Stream, as measured at Northland Regional Council Recorder Site 3707 “Waiaruhe @ Puketona”, are greater than 2.18 cubic metres per second.

Advice Note: The Consent Holder may view the flows at this recorder site via the council’s website.

9 On each occasion the Consent Holder wishes to exercise this consent, the council’s assigned monitoring officer must be notified in writing at least one day prior. This written notice shall also include the minimum flow below the take point, as required by Condition 10.

Advice Note: This written notice can be in electronic form such as an email.

10 The exercise of this consent must not reduce the flow in the unnamed tributary of the Waikopiro Stream, as measured using the device required by Condition 4, below the flow that was recorded at this site prior to the exercise of the consent when the flow at the Northland Regional Council Recorder Site 3707 “Waiaruhe @ Puketona” reached 2.18 cubic metres per second.

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11 A record of water taken daily in cubic metres shall be kept using the meter required by Condition 2, including nil abstractions. A copy of this record for the period 1 July to 30 June (inclusive) shall be forwarded each year to the council’s assigned monitoring officer by the following 31 July. In addition, a copy of these records shall be forwarded immediately to the council’s assigned monitoring officer on written request. The records shall be in an electronic format that has been agreed to by the council.

Advice Note: If no water is taken during the period 1 July to 30 June (inclusive) then the Consent Holder is still required to notify the council in writing of the nil abstraction. Water use record sheets in an electronic format are available from the council’s website at www.nrc.govt.nz/wur.

12 A screen device shall be maintained that limits the intake velocity across the screen to less than 0.3 metres/second and has no holes or slots with a diameter or width greater than 5 millimetres.

13 The reticulation system and components shall be maintained in good working order to avoid or minimise leakage and wastage.

14 This consent shall lapse on 31 July 2025, unless before this date the consent has been given effect to.

Advice Note: An application can be made to the council in accordance with section 125 of the Act to extend the date after which the consent lapses. Such an application must be made before the consents lapse.

AUT.041986.02 to AUT.041986.05 – Earthworks, Diversion and Discharge of Stormwater:

15 The location and nature of the earthworks shall be in general accordance with the attached Williamson Water and Land Advisory drawings, Project Number: WWLA0218, dated 18/06/20, entitled:

(a) ‘SITE OVERVIEW PLAN’, Sheet 1 of 2; and (b) ‘EARTHWORKS DETAILS’, Sheet 2 of 2, Reference Number 896, dated 28/10/19.

16 All erosion and sediment control measures shall be constructed and maintained in accordance with the principles and practices contained within the Council document entitled “GD05: Erosion and Sediment Control Guide for Land Disturbing Activities in the Auckland Region” (GD05). Where there are inconsistencies between any part of GD05 and the conditions of these consents, then the conditions of these consents shall prevail.

17 A copy of these consents shall be provided to any person who is to carry out the works authorised by these consents, prior to any work commencing.

18 At least two weeks prior to the commencement of any earthworks on-site, the Consent Holder shall notify the council’s assigned monitoring officer in writing of the date that earthworks are intended to commence. The Consent Holder shall arrange for a site meeting between the Consent Holder’s principal earthmoving contractor and the council’s assigned monitoring officer, which shall be held on site prior to any earthworks commencing.

Advice Note: Notification to the council may be made by email to [email protected].

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19 As part of the written notice required by Condition 18, the Consent Holder or its agent/contractor shall submit a Construction Environmental Management Plan (CEMP) to the council. The CEMP must be prepared by a suitably qualified person who shall provide certification that the erosion and sediment controls in the CEMP have been designed in accordance with GD05. As a minimum, the CEMP shall include the following:

(a) The expected duration (timing and staging) of earthworks, disposal sites for unsuitable materials, and clean water diversions; (b) Diagrams and/or plans, of a scale suitable for on-site reference, showing the locations of the cut and fill operations, disposal sites for unsuitable materials and erosion and silt control structures/measures; (c) Details of all erosion and sediment controls; (d) Supporting calculations and catchment boundaries for the erosion and sediment controls; (e) The commencement and completion dates for the implementation of the proposed erosion and sediment controls; (f) Details of surface revegetation of disturbed sites and other surface covering measures to minimise erosion and sediment runoff following construction; (g) Measures to minimise sediment being deposited on public roads; (h) Measures to ensure sediment or dust discharge from the earthworks activity does not create a nuisance on neighbouring properties; (i) Measures to prevent spillage of fuel, oil and similar contaminants; (j) Contingency containment and clean-up provisions in the event of accidental spillage of hazardous substances; (k) Means of ensuring contractor compliance with the CEMP; (l) The name and contact telephone number of the person responsible for monitoring and maintaining all erosion and sediment control measures; (m) Contingency provisions for the potential effects of large/high intensity rain storm events.

20 As a minimum, the erosion and sediment control measures shall be constructed and maintained in accordance with the CEMP prepared in accordance with Condition 19. The Consent Holder may amend the CEMP at any time with the prior approval of the council’s assigned monitoring officer. The recent approved version of the CEMP shall be used for compliance purposes.

21 Prior to the commencement of earthworks on-site, a stabilised construction entrance to the site shall be installed to minimise the tracking of spoil or debris onto off-site public road surfaces. All material tracked onto off-site surfaces as a result of the exercise of these consents shall be removed as soon as possible, but at least daily. The stabilised construction entrance shall be maintained throughout the duration of earthworks operations.

22 Erosion and sediment controls shall be installed prior to the commencement of earthworks (other than those required for the erosion and sediment controls) within an area of works.

23 The installation of all erosion and sediment controls shall be supervised by an appropriately qualified and experienced person. The Consent Holder shall provide to the council’s assigned monitoring officer certification from the appropriately qualified and experienced person who supervised the installation of the erosion and sediment controls that they have been installed in accordance with the requirements of the most recent approved CEMP.

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24 No earthworks shall be carried out between 1 May and 30 September in any year unless the prior written agreement of the council’s Compliance Manager has been obtained.

25 Any request to undertake works between 1 May and 30 September must be in writing and shall be made at least two weeks prior to the proposed commencement date of the works. This written request shall include an amended CEMP for the works that has been prepared in accordance with Condition 19.

26 Drains and cut-offs constructed to divert stormwater shall be capable of conveying stormwater during not less than the estimated 1 in 20 year rainfall event. All channels on grades greater than 2% shall be protected to avoid erosion occurring.

27 All offsite stormwater shall be directed away from earthworks areas.

28 No drainage pathways shall be constructed, or permitted to flow, over fill areas in a manner that creates erosion of the fill material.

29 No slash, soil, debris and detritus associated with the exercise of these consents shall be placed in a position where it may be washed into any water body.

30 All earthworks operations shall be carried out in a manner that minimises the potential for slope instability and soil erosion. Effective mitigation measures shall be installed as required to mitigate and/or remedy any slope failures.

31 All bare areas of land and fill shall be covered with aggregate, or topsoiled and established with a suitable grass/legume mixture to achieve an 80% groundcover within one month of the completion of earthworks in each earthworks stage. Temporary mulching or other suitable groundcover material shall be applied to achieve total groundcover of any areas unable to achieve the above requirement.

32 Any outflows of water from the reservoir shall be effectively dissipated to minimise scouring of the dam embankment and downstream channel.

33 The exercise of these consents shall not cause any of the following effects on the water quality of the unnamed tributary of the Puketotara Stream, as measured at the upstream side of the State Highway 10 culvert at or about location coordinates 1686870E 6087675N:

(a) The production of any conspicuous oil or grease films, scums or foams, floatable or suspended materials, or emissions of objectionable odour; (b) A suspended solids concentration greater than 100 grams per cubic metre.

34 The exercise of these consents shall not give rise to any discharge of dust which in the opinion of a monitoring officer of the council is noxious, dangerous, offensive or objectionable at or beyond the property boundary.

35 In the event of archaeological sites or kōiwi being uncovered, activities in the vicinity of the discovery shall cease and the Consent Holder shall contact Pouhere Taonga. Work shall not recommence in the area of the discovery until the relevant Heritage New Zealand Pouhere Taonga approval has been obtained.

Advice Note: The Heritage New Zealand Pouhere Taonga Act 2014 makes it unlawful for any person to destroy, damage or modify the whole or any part of an archaeological site without the prior authority of Heritage New Zealand Pouhere Taonga.

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36 Noise levels associated with the exercise of these consents shall not exceed those set out in Schedule 1, attached.

37 These consents shall not lapse until their expiry.

38 The Consent Holder shall, on becoming aware of any discharge associated with the Consent Holder’s operations that is not authorised by these consents:

(a) Immediately take such action, or execute such work as may be necessary, to stop and/or contain the discharge; and (b) Immediately notify the council by telephone of the discharge; and (c) Take all reasonable steps to remedy or mitigate any adverse effects on the environment resulting from the discharge; and (d) Report to the council’s Compliance Manager in writing within one week on the cause of the discharge and the steps taken, or being taken, to effectively control or prevent the discharge.

For telephone notification during the council’s opening hours, the council’s assigned monitoring officer for these consents shall be contacted. If that person cannot be spoken to directly, or it is outside of the council’s opening hours, then the Environmental Hotline shall be contacted.

Advice Note: The Environmental Hotline is a 24 hour, seven day a week, service that is free to call on 0800 504 639.

General Conditions:

39 The council may, in accordance with Section 128 of the Resource Management Act 1991, serve notice on the Consent Holder of its intention to review the conditions annually during the month of July for any one or more of the following purposes:

(a) To deal with any adverse effects on the environment that may arise from the exercise of these consents and which it is appropriate to deal with at a later stage; or (b) To require the adoption of the best practicable option to remove or reduce any adverse effect on the environment.

The Consent Holder shall meet all reasonable costs of any such review.

EXPIRY DATES: AUT.041986.01 – 31 JULY 2030 AUT.041986.02 – 31 JULY 2025 AUT.041986.03 – 31 JULY 2025 AUT.041986.04 – 31 JULY 2025 AUT.041986.05 – 31 JULY 2025

These consents are granted this Eleventh day of August 2020 under delegated authority from the council by:

Stuart Savill Consents Manager

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SCHEDULE 1

ENVIRONMENTAL STANDARDS – NOISE

CONSTRUCTION NOISE

The noise from all construction activities shall comply with the construction noise limits prescribed in NZS6803:1999 “Acoustics – Construction Noise

Based on Table 2, NZS 6803: 1999 “Acoustics – Construction Noise”, Standards New Zealand

Typical Duration Short-term Long-term Time of Week Typical Duration (dBA) Duration Duration Leg Lmax Leg Lmax Leg Lmax Weekdays 0630 – 0730 60 75 65 75 55 75 0730 – 1800 75 90 80 95 70 85 1800 – 2000 70 85 75 90 65 80 2000 – 0630 45 75 45 75 45 75 Saturdays 0630 – 0730 45 75 45 75 45 75 0730 – 1800 75 90 80 95 70 85 1800 – 2000 45 75 45 75 45 75 2000 – 0630 45 75 45 75 45 75

Noise measurements shall be measured in accordance with NZS 6801: 2008 “Acoustics – Measurement of environmental sound” and assessed in accordance with NZS 6802: 2008 “Acoustics – Environmental noise”. Measurement shall be at or within the notional boundary of any dwelling. Construction noise shall comply with, and be measured and assessed in accordance with, the requirements of the Standard.

The notional boundary is defined in NZS 6801:2008 “Acoustics – Measurement of environmental sound” as a line 20 metres from any part of any dwelling, or the legal boundary where this is closer to the dwelling.

Sound levels shall be measured in accordance with New Zealand Standard NZS 6801:2008 “Acoustics – Measurement of environmental sound” and assessed in accordance with NZS 6802:2008 “Acoustics – Environmental noise”.

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