Kurow Duntroon Irrigation Company Ltd

Resource Consent Application

For: Kurow Duntroon Irrigation Company LTD To: Works within waterways including earthworks, discharge and diversion of waterways, excavation over a semi-

confined or unconfined aquifer and vegetation removal Prepared by: Anna McKenzie

Date: May 2017 Rev: Draft 02

Kurow Duntroon Irrigation Company Ltd

APPLICATION FOR RESOURCE CONSENT

Applicant: Kurow Duntroon Irrigation Company Ltd PO BOX 77 Kurow

Contact Person: Marcus Brown Email: [email protected] Phone: 0274770798

Activity: Works within waterways including earthworks, discharge and diversion of water. Excavation works over an unconfined aquifer and the removal of vegetation

Location of Activity: Linear pipeline extending from east of Waitaki Dam (CA17:9600- 4812) to west of Duntroon (CB17:1267:2646)

Address for Service: Irricon Resource Solutions Limited C/o Anna McKenzie PO BOX 2193 Timaru

Phone: 021307148 Email: [email protected]

Application fee: $1,725 deposit has been paid by Irricon Resource Solutions under the reference “KDIC”.

Additional fees or refund: Direct to applicant.

The consultant is the main point of contact for this application and the applicant for compliance matters.

Signed:

Anna McKenzie on behalf of the applicant

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Kurow Duntroon Irrigation Company Ltd

This report has been prepared for Environment Canterbury as the regulatory authority for the proposed activities in accordance with Section 88 of the Resource Management Act 1991 by Anna McKenzie of Irricon Resource Solutions Limited on behalf of the applicant.

INTRODUCTION

The Kurow Duntroon Irrigation Company (KDIC) propose to upgrade the existing irrigation scheme which was developed by the Ministry of Works in 1965. The KDIC holds resource consent CRC163429 from Environment Canterbury to take and use surface water from Lake Waitaki for irrigation water supply purposes. This consent expires in 2048 and is attached in Appendix A.

The current infrastructure involves a siphon pipe from the Waitaki Dam which draws water into an open water race channel which extends for over 35 kilometres delivering water via a gravity feed system of manually operated gates.

The proposal upgrade of the scheme will involve installing approximately 76 Km of underground pipeline from the existing intake structure at the Waitaki Dam extending as an underground pipeline to west of the Maerewhenua River. This infrastructure will convey water to existing and new shareholders and enable the irrigation of 4400 hectares. Plans of the pipeline alignment are provided in Appendix B.

The development will require the installation of five pump stations and the crossing of four major waterways which include; Awakino River, Kurow Creek, Otiake River and Otekaieke River. There are also several other smaller ephemeral streams that will be crossed by the alignment. Some vegetation removal will also be required. Plans identifying the location of the waterways proposed to be crossed are attached in Appendix C.

The upgrade of the existing irrigation infrastructure will enable the current scheme holders to attain a more reliable and long term supply of irrigation water and will enable the KDIC to meet Environment Canterbury conditions to improve the efficiency of the existing infrastructure. In addition, the upgrade will increase the availability of the KDIC water for irrigation, increasing the irrigated land from 2000 to 4400 hectares.

Under the Waitaki District Plan the activity is defined as a ‘utility’ and as such a resource consent is only required from the Waitaki District Council for the development of the pump stations. The Waitaki District Council application will be submitted following the finalisation of the pump shed designs.

A Department of Conservation concession for works within Public Conservation Land is required where the alignment crosses Public Conservation Land. This application is in the process of being submitted.

This application seeks resource consent for works within several waterways which include; earthworks, sediment discharge and stream diversion for the installation of pipe

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Kurow Duntroon Irrigation Company Ltd infrastructure. This application is also for earthworks over a semi-confined/unconfined aquifer and vegetation removal. The applicant seeks resource consent for a period of 35 years to enable the ongoing supply of irrigation water to shareholders within the scheme.

DESCRIPTION OF THE PROPOSED ACTIVITY

The works will involve the installation of approximately 76km of underground pipeline. The majority of the works will be conducted within a 30 metre construction corridor and will involve constructing a trench to a depth of between two and five metres depending on the size of the pipe and the terrain. Material will be stored within the construction corridor and the trench backfilled and reinstated as the pipe is installed. The soil profile will be retained during backfilling.

A power and communication cable may also be required to be installed to support the water infrastructure. This cable will be installed within the alignment corridor adjoining the pipeline. Its exact location and requirement will be determined following detailed design.

The majority of the land passed through is agricultural land that has been modified and contains some existing form of irrigation. The existing canal is followed for sections of the alignment and will be filled in and reinstated as part of the construction works.

Four major waterways and several smaller ephemeral streams require crossing as part of the development. Individual site specific construction methodology will be prepared for each of the major waterways. Construction timeframes will be dependent on the waterways width and the amount of water present.

The smaller waterways are likely to be crossed reasonably quickly (2 weeks), however larger flowing waterways will require dewatering and diverting and the crossing will therefore take between 4-6 weeks. The requirement for dewatering and waterway diversion is dependent on whether the waterway is flowing at the time of construction.

An estimate of the crossing of each of the four major waterways is outlined below;

• Awakino River – while not large in width, it is fast flowing and is cut down into a reasonably tight gut which we believe consists of some pretty tough rock. Concept estimate: allow 6 weeks working in the river • Kurow Creek – flows on the surface for most of the year and medium width. Concept estimate: allow 4 weeks working in the river • Otiake River – flows on the surface and medium width. Concept estimate: allow 4 weeks working in the river • Otekaieke River – dry for periods of the year but quite wide. Concept estimate: allow 6 weeks working in the river

There is no known flood protection works associated with any of the waterways crossed by the proposed works.

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An overall plan of the proposed irrigation alignment is attached in Appendix A. A plan identifying the waterway crossing locations is attached in Appendix C.

A water pipe of dimensions between DN300 to DN1800 will be used to span the river crossings. Concrete pipes will be used to form a conduit through which the water pipe would be installed. On the waterways with larger flows, the main river flow will be diverted. The area will be dewatered and following the dewatering, the trench will be excavated to the design depth and grade and the concrete pipe installed.

On completion, the excavated materials will be backfilled over top of the pipes and the waterway bed reinstated. Fish salvage will be undertaken where necessary during the dewatering phase.

As mentioned above detailed engineering design specifications will be prepared for each of the four-major waterway crossing locations and provided to Environment Canterbury prior to construction commencing. This is proposed as a condition of consent.

As part of the earthworks there will be some sedimentation. However, this will be minimised by consent conditions such as scheduling the timing of the works to avoid forecasted significant rainfall events, the installation of sediment controls and bank stabilisation works following construction.

The works will result in the removal of some vegetation. Vegetation removal will comprise of the removal of predominantly exotic vegetation. The construction corridor width is generally 30 metres but will be reduced as far as practical and where possible through sensitive areas. A reduced construction footprint may not be possible through all sensitive areas because the corridor width is dictated by pipe size, the requirement to meet Environment Canterbury’s minimum bed depth requirements and Workplace Health and Safety requirements.

All construction works will be undertaken within the construction corridor and where required the corridor will be marked to ensure that no works extend outside of the construction corridor. Specific areas outside of sensitive areas will be identified for stockpiling materials and machinery. Tool box talks will be held daily with the construction team identifying safety and environmental values within that days working corridor. A construction environmental management plan will also be prepared as part of the works identifying mitigation measures to protect environmental values during the construction works. All site managers will be required to be familiar with this document and its requirements.

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PROPOSED CONDITIONS OF CONSENT

It is proposed to carry out the works under the following conditions:

To disturb and excavate the bed of the waterways, to install the pipe and to undertake earthworks over an unconfined aquifer

1. The works shall be limited to:

(a) Excavation over an unconfined aquifer (b) Excavation of the bed of the waterways for the purpose of pipe installation (c) Backfilling of waterway channels (d) Stockpiling of natural material within the margins of the creek (e) The placement of rock (f) Restoration of the banks of the river, including bank stabilisation and revegetation where required (g) Where required, diversion of waterways for the purposes of pipe installation (h) Vegetation clearance (i) Restoration of land including revegetation

2. The works carried out in accordance with Condition 1 shall be located as follows (the letters correspond to the works described in Condition 1 above) and as shown on Plan CRCXXXXXX, which forms part of this consent. (a) All works identified on Plan CRCXXXXXX (b) All waterways identified on Plan CRCXXXXXX (c) All waterways identified on Plan CRCXXXXXX (d) All waterways identified on Plan CRCXXXXXX (e) All waterways identified on Plan CRCXXXXXX (f) All waterways identified on Plan CRCXXXXXX (g) NZ Topo; CA17 9720-4704, NZ Topo; BX21: 9861-8938, NZ Topo; CB17 0305- 3429, NZ Topo CB17 0676-3212; NZ Topo CB17 0546-2985. (h) Pipeline alignment over land as identified on Plan CRCXXXXX (i) Pipeline alignment over land as identified on Plan CRCXXXXX

3. Prior to commencing works, the consent holder shall provide a copy of this resource consent to all persons undertaking activities authorised by this consent, and explain to those persons how to comply with the consent conditions.

The consent holder shall ensure that:

4. A copy of the waterway crossing design specifications will be provided to the Canterbury Regional Council prior to construction commencing. Attention: RMA Compliance and Enforcement Manager and River Engineer. 5. A copy of the Construction Environmental Management Plan will be provided to Canterbury Regional Council prior to construction commencing. Attention: RMA Compliance and Enforcement Manager.

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6. The Canterbury Regional Council, Attention: RMA Compliance and Enforcement Manager, shall be notified of the intention to carry out all works at least two working days prior to the commencement of works. 7. Where emergency maintenance works are carried out, the Canterbury Regional Council, Attention: Regional Manager, Compliance and Monitoring, shall be notified no later than six hours after emergency works commence. 8. The works shall not cause the stranding of fish in pools or channels. 9. Fish recovery shall be undertaken by a person with experience in fish recovery. If there are no experienced personnel available, the consent holder shall ensure that Central South Island Fish and Game is advised 10 working days prior to the dewatering and filling in of any channel where a diversion has been required.

Advice note: particular care is to be taken to recover any Canterbury Mudfish.

10. No instream works are to be undertaken between 1 May and 30 November within the Awakino River. 11. No instream works are to be undertaken between 1 May and 30 September if there is sufficient water flow for fish spawning within the Kurow Creek. 12. No instream works are to be undertaken between 1 April and 30 November within the Otiake River and Otekaieke River. 13. The consent shall ensure that notification includes: (a) The Canterbury Regional Council, Attention Regional Leader Monitoring and Compliance Manager, shall be notified of the intention to carry out all works at least two working days prior to the commencement of works. (b) Where emergency maintenance works are carried out, the Canterbury Regional Council, Attention Regional Leader Monitoring and Compliance Manager, shall be notified no later than six hours after the emergency works commence. Notification shall include: (i) The proposed start and end dates of the period of work:

(ii) Where the consent is to be exercised by a person other than the consent holder, the name, address and contact telephone number of the persons exercising the consent.

14. Prior to commencing waterway crossings of the Awakino River, Kurow Creek, Otiake River and Otekaieke River, a 5-day forecast assessment will be undertaken to ensure that works will be undertaken during optimal conditions.

15. All practicable measures shall be undertaken to prevent oil and fuel leaks from vehicles and machinery.

16. There shall be no storage of fuel or refuelling of vehicles and machinery within 20 metres of the bed of a river.

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17. Fuel shall be stored securely or removed from site overnight.

18. All practicable measures shall be undertaken to minimise vehicles and machinery entering the aforementioned waterways.

19. All practicable measures shall be undertaken to minimise adverse effects on property, amenity values, wildlife, vegetation, and ecological values.

20. All practicable measures shall be undertaken to prevent sediment from entering water including, but not limited to: (a) Sediment controls to be established prior to the onset of works and to remain in place until disturbed areas are stabilised; and (b) Stabilisation of disturbed areas as soon as practicable following works; and (c) Removal of spoil and other waste material from works site upon completion of works; and (d) Works and sediment controls will be undertaken in accordance with the Environment Canterbury Erosion and Sediment Control Toolbox for Canterbury. 21. The flood carrying capacity of all waterways identified on the attached Plan CRCXXXXX shall be maintained and any works shall not divert flood water onto any neighbouring properties. 22. The consent holder shall ensure that all practical measures are taken to minimize erosion of the bed and banks of the waterways identified in the attached Plan CRCXXXXX. In the event of any erosion occurring to the bed and/or banks of the waterbodies as a result of the works, the consent holder shall remediate any erosion within one month of the erosion being discovered. 23. On the completion of works: (a) All disturbed areas shall be stabilised and/or revegetated; and (b) All spoil and other waste material from the works shall be removed from site. 24. To prevent the spread of pest species, including but not limited to Didymo, the consent holder shall ensure that activities authorised by this consent are undertaken in accordance with the Biosecurity New Zealand’s hygiene procedures and that machinery shall be free of plants and plant seeds prior to use in the riverbed. Advice Note: You can access the most current version of these procedures from the Biosecurity New Zealand website http://www.biosecurity.govt.nz.

25. All land shall be reinstated retaining its original soil profile.

26. An Accidental Discovery Protocol (ADP) shall be in place prior to commencing any earthworks.

27. All site personnel shall be trained in the recognition of archaeological material and the ADP prior to construction works commencing. A record of this training must be maintained throughout the duration of the works.

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28. In the event of any discovery of archaeological material: (a) The consent holder shall immediately: (i) Cease earthmoving operations in the affected area and mark off the affected area; and (ii) Advise the Canterbury Regional Council of the disturbance; and (iii) Advise Heritage New Zealand Pouhere Taonga of the disturbance. (b) If the archaeological material is determined to be Koiwi Tangata (human bones) or taonga (treasured artefacts) by Heritage New Zealand Pouhere Taonga, the consent holder shall immediately advise the office of the appropriate runanga (office contact information can be obtained from the Canterbury Regional Council) of the discovery.

(a) If the archaeological material is determined to be Koiwi Tangata (human bones) by Heritage New Zealand Pouhere Taonga, the consent holder shall immediately advise the New Zealand Police of the disturbance.

(b) Work may recommence if Heritage New Zealand Pouhere Taonga Trust (following consultation with runanga if the site is of Maori origin) provides a statement in writing to the Canterbury Regional Council, Attention: RMA Monitoring and Compliance Manager that appropriate action has been undertaken in relation to the archaeological material discovered. The Canterbury Regional Council shall advise the consent holder on written receipt from Heritage New Zealand Pouhere Taonga that work can recommence.

Advice Note: This may be in addition to any agreements that are in place between the consent holder and the Papatipu Runanga. (Cultural Site Accidental Discovery Protocol).

Advice Note: Under the Heritage New Zealand Pouhere Taonga Act 2014 an archaeological site is defined as any place associated with pre-1900 human activity, where there is material evidence relating to the history of New Zealand. For sites solely of Maori origin, this evidence may be in the form of accumulations of shell, bone, charcoal, burnt stones, etc. In later sites, artefacts such as bottles or broken glass, ceramics, metals, etc, may be found or evidence of old foundations, wells, drains, tailings, races or other structures. Human remains/koiwi may date to any historic period.

29. It is 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. This is the case regardless of the legal status of the land on which the site is located, whether the activity is permitted under the District or Regional Plan or whether a resource or building consent has been granted. The Heritage New Zealand Pouhere Taonga Act 2014 provides for substantial penalties for unauthorised damage or destruction.

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30. The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent for the purposes of: (a) Dealing with any adverse effect on the environment which may arise from the exercise of this consent; and (b) Requiring the adoption of the best practicable option to remove or reduce any adverse effect on the environment. 31. If this consent is not exercised before XXXXXXX it shall lapse in accordance with section 125 of the Resource Management Act 1991.

A duration of 35 years is sought.

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To divert water for the purposes of dewatering within waterways identified on the attached

Plan CRC XXXXX.

1. The works shall be limited to the diversion of water into new channels where required on flowing waterways identified on the attached Plan CRCXXXX. 2. Water shall not be diverted into the new channels until the bed and banks of the new channels have been stabilised. 3. The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent for the purposes of dealing with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage.

A duration of 5 years is sought.

Discharge Consent Conditions

1. Temporary discharges shall only occur as a result of the installation of the pipeline authorised by resource consent CRCXXXXX and as identified in Plan XXXX which forms part of this consent 2. The discharge shall be limited to the ancillary discharge of sediment, organic material and water originating from within the bed of the streams identified in Plan XXXX which forms part of this consent 3. All practical measures shall be undertaken to minimise the discharge of sediment to the waterways identified in Plan XXXX which forms part of this consent 4. The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of consent for the purpose of dealing with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage. 5. If the consent is not exercised before XXXXX then it shall lapse in accordance with Section 125 of Resource Management Act.

A duration of 5 years is sought.

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LEGAL AND PLANNING

THE RESOURCE MANAGEMENT ACT 1991 (RMA)

Section 13 states that no person may, in relation to the bed of any lake or river, shall use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or excavate, drill, tunnel, or otherwise disturb the bed; or introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or deposit any substance in, on, or under the bed; or reclaim or drain the bed - unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

The Act defines the bed of a river as: the space of land which the waters of a river cover at its fullest flow without overtopping its banks.

Section 14 states that no person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity is expressly allowed by a resource consent; or is an activity allowed by section 20A.

Section 15 states that no person may discharge any contaminant or water into water; or contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or contaminant from any industrial or trade premises into air; or contaminant from any industrial or trade premises onto or into land unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

Land and Water Regional Plan (LWRP)

Earthworks over an unconfined or semi-confined aquifer

Rule 5.175

The use of land to excavate material is a permitted activity, provided the following conditions are met:

1. Over the Coastal Confined Gravel Aquifer System, as shown on the Planning Maps:

(a) there is more than 1 m of undisturbed material between the deepest part of the excavation and Aquifer 1; and

(b) if more than 100 m3 of material is excavated, the excavation does not occur within 50 m of any surface water body; or

2. Over an unconfined or semi-confined aquifer:

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(a) the volume of material excavated is less than 100 m3; or

(b) the volume of material excavated is more than 100 m3 and:

(i) there is more than 1 m of undisturbed material between the deepest part of the excavation and the seasonal high water table level; and

(ii) the excavation does not occur within 50 m of any surface water body.

The area of excavation is not over the coastal confined gravel aquifer system, but it is over an unconfined/semiconfined aquifer system and the volume of materials excavated is more than 100m3 and within 50m of a surface water body, therefore, consent is required under Rule 5.176, and the activity is a restricted discretionary activity.

To divert water into the new channels

Rule 5.144

Where not classified by any other Rule in this plan, the diversion or discharge of water and contaminants as a result of the excavation and disturbance of a river or lake bed, or the establishment of a structure or defence against water, is a discretionary activity.

The diversion is not classified by any other rule, therefore consent is required under Rule 5.144 and the activity is a discretionary activity.

To discharge water into surface water

Rule 5.99 relates to any discharge of water or contaminants into surface water or onto or into land in circumstances where it may enter surface water that is not classified by any of the previous rules, and is a permitted activity, provided the following conditions are met:

1. The discharge is not from or into contaminated or potentially contaminated land; and 2. The discharge is not into a Natural State water body; and 3. The discharge meets the water quality standards in Schedule 5 after reasonable mixing with the receiving waters, in accordance with Schedule 5; and 4. The concentration of total suspended solids in the discharge shall not exceed: (a) 50 g/m3, where the discharge is to any Spring-fed river, Banks Peninsula river, or to a lake; or (b) 100 g/m3 where the discharge is to any other river or to an artificial watercourse; and 5. The discharge does not result in more than a 20% change in the rate of flow of the receiving surface water body; and 6. The discharge does not contain any hazardous substance, hazardous waste or added radioactive isotope.

Natural State Water Body means rivers, lakes and natural wetlands within land administered for conservation purposes by the Department of Conservation.

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In terms of Rule 5.99 none of the waterways proposed for works are noted as Natural State Water Bodies. It is unclear as to whether the proposed activity can meet the mixing zone requirements or the concentration of total suspended solids. The other elements of Rule 5.99 can be met. As such the proposed works cannot guarantee to meet the permitted activity status under the clauses of Rule 5.99 and as such it must be considered a discretionary activity under Rule 5.100.

Excavation and discharges of sediment as a result of installation of the pipe.

Rule 5.138 The installation, maintenance, use and removal of defences against water, including the associated deposition of substances on, in or under the bed of a lake or river and excavation associated diversions and discharges of sediment or other disturbance of the bed of a lake or river is a permitted activity, provided the following conditions are met:

1. The activity does not prevent access in any way to lawfully established structures, including defences against water; and 2. Other than for the use of flood protection work the activity is not in, on, or under the bed of any river or lake listed as a high naturalness waterbody in Sections 6 to 15 or salmon and inanga spawning site listed in Schedule 17; and 3. The activity is undertaken by or on behalf of a local authority or a network utility operator in accordance with a plan that has been certified as being in accordance with the CRC’s River Engineering Section Quality and Environmental Management System Manual (March 2010); and 4. The works or structures do not prevent any existing fish passage.

The proposal will not prevent access to any established structures and is not in a high naturalness waterbody. However, the works will occur within a Schedule 17 Salmon Spawning Site because the development area includes the side braids of the Waitaki River between Otiake River and Otekaieke River.

Fish passage will be temporary diverted as the pipe is installed. During the dewatering process, the area will be observed for any stranded fish and they will be recovered. Following the installation of the pipe, the waterbed will be reinstated and as such there will be no impact to fish passage in the long term. By the terms of Rule 5.143 the proposed activity is considered discretionary.

Installation of pipe infrastructure

Rule 5.139. The use and maintenance of structures, excluding dams, on, in or under the bed of a lake or river are permitted activities, provided the following conditions are met: 1. The structures are lawfully established prior to notification of this Plan; and

2. Any material deposited in, on, under or over the bed in order to maintain the structure is of inert materials of colour and material type that blends with the

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surrounding natural environment, is not contaminated with any hazardous substance; and

3. Any upgrading or minor alteration does not increase the footprint, height, or external envelope of the structure.

As the works have not been undertaken yet, the proposal does not comply with clause 1 and therefore in terms of Rule 5.143 the proposal is considered a discretionary activity.

Removal of riparian vegetation

Rule 5.163. The introduction or planting of any plant, or the removal and disturbance of existing vegetation in, on or under the bed of a lake or river is a permitted activity, provided the following conditions are met: 1. The activity does not prevent access to lawfully established structures, including flood protection works, or to flood control vegetation; and

2. No vegetation used for flood control or bank stabilisation is disturbed, removed, damaged or destroyed except by or on behalf of the person or agency responsible for maintaining that vegetation for flood control purposes; and

3. No woody vegetation is disposed of in, on, over or under the bed of a lake or river other than for in situ decomposition of sprayed weeds that were growing in, on, over or under the bed; and

4. Introduction or planting of vegetation in, on, or under the bed of any lake or river is not of a species listed in the Biosecurity NZ Register of Unwanted Organisms or the Canterbury Pest Management Strategy; and

5. Introduction or planting of vegetation in, on, or under the bed of any river or lake listed as a high naturalness water body in Sections 6 to 15 is only of indigenous plant species that naturally occur in the catchment; and

6. The disturbance, removal, damage or destroying of any plant or vegetation in, on, or under the bed of any river or lake listed as a high naturalness water body lake or river in Sections 6 to 15 is only of species:

(a) Non-indigenous species; or

(b) indigenous species that form the understorey of plantation forest that is being harvested and a minimum 5 m set back from the river or lake is provided upon replanting (if replanting occurs); and

7. Except for clearance around utilities or existing structures, removal of a species listed in the Biosecurity NZ Register of Unwanted Organisms or the Canterbury Pest Management Strategy, or clearance for the purposes of maintaining existing fence lines, vehicle tracks, firebreaks, drains, ponds, dams or crossings, the activity does not occur in an inanga or salmon spawning site listed in Schedule 17; and

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8. In a flood control rating district scheme area, the introduction or planting of any plant, is by or on behalf of the person or agency responsible for maintaining that vegetation for flood control purposes.

Riparian vegetation will be removed as part of the works and will include both native and exotic vegetation. The activity does not comply with Cause 2 of Rule 5.163, as the works will involve the removal of vegetation which will be assisting with bank stabilisation, making the proposal a restricted discretionary activity by the terms of this rule.

Removal of vegetation

5.167 The use of land for vegetation clearance outside the bed of a river or lake or adjacent to a wetland boundary but within: a. 10 m of the bed of a lake or river or a wetland boundary in Hill and High Country land or land shown as High Soil Erosion Risk on the Planning Maps; or b. 5 m of the bed of a lake or river or a wetland boundary in all other land not shown as High Soil Erosion Risk on the Planning Maps or defined as Hill and High Country on the Planning Maps; is a permitted activity provided the following conditions are met: 1. Except in relation to recovery activities, the area of bare ground resulting from vegetation clearance: (a) Does not exceed 10% of the area within the relevant setback distance in any site at any time, or (b) Is undertaken in accordance with a Farm Environment Plan that has been prepared in accordance with Schedule 7 Part A; or (c) For plantation forestry activities is undertaken in accordance with the Environmental Code of Practice for Plantation Forestry (ECOP) 2007; and 2. Except in relation to recovery activities, the vegetation clearance is not on land above 900 m above sea level; and 3. The felling of trees, or any part of a tree, is away from any lake, river or wetland, except where it is not practicable to do so to ensure human safety, and no logs or tree trunks are dragged through or across the bed of a lake or a permanently flowing river, or a wetland; and 4. The vegetation clearance does not occur adjacent to salmon or inanga spawning site listed in Schedule 17; and 5. The vegetation is not flood or erosion control vegetation.

The works fall within a Schedule 17 Salmon Spawning Site because it includes the side braids of the Waitaki River between Otiake River and Otekaieke River.

Trees may be felled adjoining river crossings and vegetation cleared. As such it cannot be guaranteed that no trees, parts of trees or vegetation will be felled away from a river or a salmon or inanga spawning site and that this vegetation is not flood or erosion control vegetation.

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All other aspects of the rule can be met. The proposal is therefore restricted discretionary under Rule 5.167.

Earthworks within 5 m of the bed of a river

Rule 5.168 The use of land for earthworks outside the bed of a river or lake or adjacent to a wetland boundary but within: a. 10 m of the bed of a lake or river or a wetland boundary in Hill and High Country land or land shown as High Soil Erosion Risk on the Planning Maps; or b. 5 m of the bed of a lake or river or a wetland boundary in all other land not shown as High Soil Erosion Risk on the Planning Maps or defined as Hill and High Country;

is a permitted activity provided the following conditions are met:

1. Except in relation to recovery activities, or the establishment, maintenance or repair of network utilities and fencing, the extent of earthworks within the relevant setback distances in any property: (a) does not at any time exceed: (i) an area of 500 m2, or 10% of the area, whichever is the lesser; or (ii) a volume of 10 m3 on land shown as High Soil Erosion Risk on the Planning Maps; or (b) Is undertaken in accordance with a Farm Environment Plan that has been prepared in accordance with Schedule 7 Part A; or (c) For plantation forestry activities is undertaken in accordance with the Environmental Code of Practice for Plantation Forestry (ECOP) 2007 and the NZ Forest Road Engineering Manual (2012); and 2. Except in relation to recovery activities or the establishment, maintenance or repair of network utilities and fencing, any discharge of sediment associated with the activity into the water in a river, lake, wetland or the Coastal Marine Area does not exceed 8 hours in any 24 hour period, and does not exceed 24 hours in total in any 6 month period; and 3. The activity does not occur adjacent to a significant spawning reach for salmon or an inanga spawning area listed in Schedule 17; and 4. Except in relation to recovery activities or the establishment, maintenance or repair of network utilities and fencing, any earthworks or cultivation is not within 5 m of any flood control structure.

The works fall within a Schedule 17 Salmon Spawning Site because it includes the side braids of the Waitaki River between Otiake River and Otekaieke River. The proposed activity will not occur as part of a Farm Environment Plan. All other aspects of the rule can be met. The proposal is therefore restricted discretionary under Rule 5.168.

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Kurow Duntroon Irrigation Company Ltd

WAITAKI CATCHMENT WATER ALLOCATION REGIONAL PLAN

The Waitaki Catchment Water Allocation Regional Plan (WCWARP) is an operative plan. The rules in this plan take precedence over the regional rules relating to the take and use of water in the Natural Resources Regional Plan and Land Water Regional Plan.

The KDIC holds resource consent CRC163429 from Environment Canterbury to take and use surface water from Lake Waitaki for irrigation water supply purposes. The temporary diversion of water to install the pipe infrastructure will comply with Rule 9 of the WCWARP which states that;

‘Any activity that is undertaken outside the High Natural-Character Water Bodies

defined in Policy 2 and outside water bodies to which the National Water Conservation

(Ahuriri River) Order 1990 applies, and that does not contravene Rule 1 is a permitted

activity’.

None of the waterways crossed by the alignment are considered to be high natural character waterbodies as detailed in Policy 2 and as such the activity is a permitted activity.

CONSULTATION

The applicant has consulted with Hilary Fraser, Environment Canterbury’s River Engineer and has undertaken a site visit with her to identify the major waterway crossing points. Details of this consultation is included in Appendix D.

Ms Frazer expressed concerns with regards to the alignment falling within areas of existing erosion. These concerns have been addressed by undertaking a further site inspection with Ms Frazer identifying the previous and existing erosion areas and showing the routes avoidance of these. In addition, the pipe angle will be located at right angles to the river to reduce the crossing length.

Additionally, further consultation has been undertaken with Environment Canterbury’s River Engineers to discuss the required depth for the buried pipe below major waterways and suitable distances from bridge structures. The applicant is currently awaiting correspondence with regards to Environment Canterbury’s requirements. The applicant would be prepared to accept conditions recommended by the Environment Canterbury Engineers with regards to these issues.

Two of the crossing points and a section of the pipeline alignment extends through Public Conservation Land and a site visit was undertaken with Andrew Powazynski (DOC Community Ranger). A concession application has been applied for and is currently being assessed by the Department.

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Kurow Duntroon Irrigation Company Ltd

Iwi representatives undertook a site visit on the 28th May to identify any issues of concerns with particularly reference to the waterways and rock art sites located within the vicinity of the Maerewhenua River. Correspondence from KTKO and Amanda Symons of the Rock Art Trust is attached in Appendix E.

A desktop archaeological assessment of the alignment has been undertaken and has been approved by iwi representatives. This document is attached in Appendix F. A detailed archaeological assessment is currently being undertaken and will be forwarded to Environment Canterbury on completion.

Consultation with Fish and Game has been undertaken and they have advised that there are several waterways with values within the pipeline corridor. Mitigation measures have been incorporated into the consent with regards to the timing of works outside of spawning season and fish recovery. Please refer to Appendix F for their comments.

The alignment runs through private land owned by shareholders within the scheme. These property owners have been consulted as part of the schemes development and will provide signed consent to access their land prior to works commencing.

The applicant has not consulted with any other parties as no other parties are considered to be affected.

DESCRIPTION OF THE AFFECTED ENVIRONMENT

The alignment runs from the eastern end of the Waitaki Dam through to the western banks of the Maerewhenua River on the outskirts of Duntroon. It passes through Kurow township and extends through road reserves, private agricultural land and Public Conservation Land to deliver water to scheme shareholders properties.

There are four major waterways which fall within the alignment corridor. These include Awakino River, Kurow Creek, Otiake River and the Otekaieke River. The land surrounding these waterways has been heavily modified, in an agricultural context over the last century and this land use dominates the landscape. The pipe alignment also extends through several ephemeral waterways which are identified in the map attached to Appendix B.

The Waitaki area is renown for its fishery’s and is a busy destination in the summers months with large numbers of visitors utilizing the lakes and Waitaki River for predominately fishing, water skiing and jet boating. The waterways crossed by the alignment do not hold significant recreational values due predominately to flow capacity and access restrictions. There is no boat access to any of the waterways crossed by the alignment. Fish and Game have identified several of the waterways as being significant spawning grounds and habitat for certain species but have not indicated that they are of high recreational value to fisherman. Refer to comments attached in Appendix D.

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Kurow Duntroon Irrigation Company Ltd

ECAN GIS ASSESSMENT:

Nature of the surrounding environment: Rural

Topography: Flat to gently sloping

Prevailing wind direction: NW

Community supply wells: I40/0006 and I40/0007 – At Kurow approximately 90 metres from the alignment. NZTM CB17: 99442-44496; CB17: 99404-44525. (refer to Map 1 below)

I40/0020 – At Duntroon greater than 2 km’s from the alignment

Ngāi Tahu: Te Runanga O Moeraki – A site visit has been conducted and correspondence received and attached in Appendix E.

Statutory acknowledgement areas/ Silent files: The Waitaki River is a statutory acknowledgment area. All of the subject waterways flow into the Waitaki River.

DOC Public Conservation Areas: Yes – Otiake River, upstream crossing at Otekaieke River and land adjoining the western side of the Maerewhenua River.

Heritage NZ Pouhere Taonga Sites of Significance A desktop archaeological assessment has been conducted and is attached in Appendix F. A detailed archaeological assessment is currently being completed and will be submitted to Environment Canterbury in the coming weeks.

Land Resources and Conservation

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Kurow Duntroon Irrigation Company Ltd

Wetlands: None

Significant Areas: None

Sites of Special Wildlife Significance None Wetlands of Significance None Significant Vegetation None River and open water Habitats None Land of Regional Significance: None Land of National Significance: None

Land and Water Regional Plan Salmon spawning site: Schedule 17 Salmon Spawning Site which includes the side braids of the Waitaki River between Otiake River and Otekaieke River

Water quality management units/classes: Waitaki River – Lake-fed Upland

High naturalness water bodies: None identified in GIS

Groundwater allocation zone: Waitaki – Downstream of Waitaki Dam

Nutrient allocation zones: Green

Surface water allocation zone: Waitaki Mainstem

Soil Erosion Risk: None

Planning Zones Stop-banks, flood protection vegetation: None

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Kurow Duntroon Irrigation Company Ltd

Water Quality and Monitoring Yes, Kurow Creek, Otiake and Otekaieke River have water quality monitoring sites Water quality – surface water: Yes Water quality – ground water: None

Groundwater Aquifer: Unconfined/semi unconfined in this area Springs: Multiple springs within the area of the development

ASSESSMENT OF ENVIRONMENTAL EFFECTS

The following Assessment of Environment Effects (AEE) contains details that corresponds with the scale and significance of the effects that the proposed activity may have on the environment, as required by the Fourth Schedule to the Act.

Effects on Flood Capacity and Bank Erosion

When works are carried out in the bed of a river or adjacent to a waterway, these works may result in adverse effects on the flood carrying capacity of the river or the erosion of the bed or banks of the river. This may occur if flood protection works are affected or flow characteristics of the waterway are changed.

During the installation of the pipeworks, where there is water at the waterway crossing it will be temporarily diverted to enable the pipe to be installed. Each of the waterways will be reinstated to the same channel dimension that exist to ensure flows are not constrained.

Individual detailed engineering specifications on the method of crossing of each of the four major waterways will be provided to Environment Canterbury prior to the commencement of the works. This is proposed as a condition of consent. A standard methodology for crossing all other ephemeral waterways will also be developed and provided to Environment Canterbury as a condition of the consent.

Consultation and a site visit has been undertaken with Environment Canterbury River Engineers. Correspondence of which is attached in Appendix C. The applicant is currently awaiting further correspondence from Environment Canterbury’s River Engineers with particular regards to further discussions surrounding pipe depth at waterways and distances from bridges.

The construction footprint and extent of disturbance associated with the placement of pipe across waterways will be minimised through the adoption of a reduced construction corridor

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Kurow Duntroon Irrigation Company Ltd where possible. Additionally, the pipe will be positioned at right angles to the river to lessen the potential for erosion and minimise the duration of the works within the waterway. In addition, the alignment location has been selected outside of existing and historical erosion areas.

The proposed activity will not impact the flood carrying capacity of waterways. All works within waterways will be undertaken during low flows and following a review of the weather conditions. The works will be temporary and each of the waterways will be reinstated following the installation of the pipe. There will be no impact to the flood carrying capacity of waterways.

Where possible the removal and/or disturbance to flood protection vegetation will be minimised to ensure that bank erosion potential is reduced. Rehabilitation of disturbed areas will be undertaken following pipe installation and will include bed and bank stability works for scour protection and revegetation. Riparian planting will consist of plantings recommended by the Department of Conservation where it is within Public Conservation Land and the Regional Council in all other areas.

Any further recommendations from Environment Canterbury’s River Engineer can be included as a condition of consent ensuring effects to flood carrying capacity and erosion are not adversely affected.

The effects on flood carrying capacity and bank erosion are considered to be less than minor.

Effects on Man-Made Structures

During construction and operation of such a proposal, the potential exists for the structural integrity or function of existing structures to be impacted. Structures include waterways structures such as bridges and culverts and other structures such as roading culverts.

Effects to roading related structures will be assessed and managed under the Traffic Management Plan which will be approved by either NZTA or the Waitaki District Council depending on the road status.

The alignment crosses the Otiake and Otekaieke River’s 50 metres away from the Otiake and Otekaieke River Bridges as requested by the Environment Canterbury River Engineer.

The alignment will cross Kurow Creek at a distance of approximately 300 metres from the Kurow Creek Bridge. All the other waterway crossings will be undertaken at a distance of greater than 1 km from any other bridge structures.

There is one large culvert on Little Awakino River. The alignment is currently located approximately 30 metres downstream of the culvert structure.

Separation distances have been incorporated into the design to enable suitable setback distances to be achieved from significant man-made structures as per advice received from Environment Canterbury’s River Engineers.

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Kurow Duntroon Irrigation Company Ltd

These works will comply with Environment Canterbury’s requirements and as such the effects on man-made structures are considered less than minor.

Effects on Water Quality (Surface water and Ground water)

Construction of the pipeline will involve works in the bed or alongside the riparian margin of waterways. Whilst such works are occurring, some sediment will be discharged into the surface water. Such discharges may adversely affect water quality and the aquatic environment. Excavation and placement of materials within the river bed may result in physical habitat loss, and effects on fish migration.

Machinery will only enter flowing water when they must, to carry out the works proposed. Each of the four major waterways will have specific waterway crossing methodology that is developed to each of the waterways characteristics specifically channel width, depth and flow. Additionally, a standard methodology will be developed for all other waterway crossings. These specific and standardised methodologies will ensure that the length of time within waterways is minimised and sedimentation is minimised. I will also ensure that relevant bank stability and rehabilitation works are detailed and undertaken for each waterway.

There will be no storage or refuelling of machinery in or near the streams.

The sides braids of the Waitaki River between Otiake River and Otekaieke River are identified as a Schedule 17 Salmon Spawning Site. As such, a condition is proposed which ensures that no instream works will be undertaken within these waterways between the 1 April and 30 November.

In addition, the Awakino River contains important habitat for Brown and Rainbow Trout and a condition of consent is proposed that no instream construction works are undertaken between 1 May and 30 November. The Kurow Creek is also an important habitat for Brown Trout when flowing and a condition of consent acknowledges this by restricting instream construction works between 1 May and 30 September.

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Kurow Duntroon Irrigation Company Ltd

The construction corridor through waterways will be reduced as far as practical to recognise the sensitive nature of the waterways environment. It is expected that the construction corridor will be reduced from 30 metres to approximately 15 metres through the four major waterways where possible. The actual specification of each crossing will be detailed extensively in specific designs for each of these four major crossings.

In addition, tool box talks will be held daily with the construction team identifying environmental values within that days works corridor. The tool box talks will include specifications with regards to waterway crossings including mitigation measures to be installed and reinstatement and rehabilitation requirements.

A construction environmental management plan will also be prepared as part of the works identifying mitigation measures to protect environmental values during the construction works. All site managers will be required to be familiar with this document and its requirements.

All works will be undertaken with regards taken to Environment Canterbury’s Erosion and Sediment Toolbox.

There is generally only patchy vegetation at the proposed crossing sites and what is present tends to be nuisance or pest species such as gorse, broom and willows. Where the crossings will occur, some clearance will be required, however this will be minimised as far as practical. Once the vegetation has been cleared it is possible that there will be increased sedimentation after any high rainfall event, until the disturbed area has regenerated. Rehabilitation through bank stability works including revegetation will be undertaken as soon as practical following construction to minimise exposed surfaces.

Once constructed the pipeline crossings will not be visible and the bed of each of the waterways will be reinstated. Any adverse effects from the proposed activity will be temporary on the river ecosystem and water quality and will be minisimised through conditioned mitigation measures and as such the effects are considered less than minor.

Two community water supply points are located within the community drinking water supply zone and are within 90 metres of the alignment. The bores (I40/0006 and I40/0007) are located on the lower terrace of the Kurow Holiday Park as per Map 1 attached below. Both bores are active with Bore I40/007 being noted at a depth of 7 metres.

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Kurow Duntroon Irrigation Company Ltd

Community Drinking Water Supply

Alignment boundary’s the road

Map 1 – Kurow Community Drinking Water Supply Wells (Source: Ecan GIS)

The depth of the excavation works will be less than 3 metres within this section of the alignment and will not intercept ground water. The works will be occurring on the higher terrace adjoining State Highway 83 and will not extend outside of the designated 30 metre corridor width. All excavated material will be backfilled immediately and the land reinstated as soon as practical following the completion of the works. It is considered that the works will not impact the water quality of ground water and as such the effects are considered less than minor.

The assessment has determined that the overall effects of the proposal on the water quality of ground and surface water will be less than minor.

Effects on Ecosystems

The waterway crossing methodology will ensure that the water is not diverted into the diversion channel until it is stabilized. The plug will remain in the head of the new channel so that water cannot flow down the diversion channel until it is instigated. Therefore, the flow is completely controlled and is either in original channel or the diversion channel. Works within the riverchannel will not be undertaken until the channel is completely de-watered. This reduces the possibility of any fish stranding, however, a condition is proposed to ensure that fish recovery occurs should it be needed.

Fish and Game have been consulted and have at advised that several of the waterway crossings contain significant habitat values for populations of Brown and Rainbow Trout and Salmon. Correspondence from Fish and Game is attached in Appendix E.

The following comments were made with regards to the values of waterways within the area;

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Kurow Duntroon Irrigation Company Ltd

- The Awakino River provides spawning habitat and juvenile rearing for salmon and trout and is only one of three Waitaki River tributaries for rainbow trout spawning so it is very important to the overall Waitaki fishery. - Kurow River has a small resident population of brown trout in the upper reaches. When there is sufficient flows to provide access, they contribute to the Waitaki River fishery. - Otiake River is dry in the lower reaches and seldom meets the Waitaki except in times of heavy rain or snow melt. There is a brown trout population in the upper reaches, however, they are small and create little interest for anglers. That being said, the contribution, while limited is considered important. - The Otekaieke River has a resident brown trout population and occasional rainbow trout and salmon which indicates that all the conditions needed for successful spawning are satisfied, when sufficient flows enable access for adults.

Fish and Game have recommended that no instream construction works are untaken during certain times of the years for each of these waterways which has been proposed as part of the conditions of consent.

There is likely to be some temporary impacts to the existing ecosystems during the construction crossing of waterways. This will however be minimised by undertaking the majority of the crossings when waterways are dry and ensuring that adequate mitigation measures are established prior to undertaking works. These measures include ensuring that during the dewatering process, any stranded fish are relocated and reinstating the waterway bed to ensure that there is enough gradient to allow for a riffle/run habitat to be maintained for fish passage and to allow for the current velocities to be maintained. In addition, the timing of construction works within waterways will be undertaken outside of the spawning periods of significant species as proposed by Fish and Game.

There will be some temporary minor disturbance to aquatic and terrestrial habitats as a result of the proposed works, however this disturbance is considered minor and will be temporary in nature. Once the works are reinstated the aquatic and terrestrial habitats will also be reinstated. As such it is considered that the effects of the works on aquatic and terrestrial habitats will be minor.

Effects of the Discharge

The discharge to water will be limited to ancillary discharge of sediment, organic materials and water originating from within the bed of the waterway.

Measures will be installed to ensure that sediment discharge is minimised. Mitigation measures will include sediment controls and controls around the timing of works and forecasting.

A detailed construction environmental management plan will be prepared as part of the works which will include details on the type and location of sediment controls. In addition, individual waterway crossing methodology will be developed for each of the four major waterways which will incorporate specifically design controls to minimise discharge to the environment from the works.

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Kurow Duntroon Irrigation Company Ltd

As mentioned, the proposed works will create some sediment discharge and some temporary disturbance in the rate of flow of the stream during the diversion process. However, the existing stream is highly modified and the impacts will be temporary with measures proposed to ensure that the any adverse effects from the discharge will be minor.

Effects of the diversion for de-watering

The process of de-watering will be undertaken on the four major waterways if they are flowing during the time of proposed crossing. De-watering will be required where the waterway is required to be diverted. A diversion channel will be constructed and water diverted into it from the river. The amount of water that is needed to be diverted and pumped out will determine how fast the construction team can move through the waterway.

De-watering involves placing a pump at the base of the excavation area and pumping water out into sedimentation ponds. The number of sedimentation ponds required is dependent on the volume of water to be pumped. The sedimentation ponds enable sediment from the pumping process to settle before water is replaced back into the waterways system and therefore reduces the impacts of sedimentation on the waterway. The location and number of sediment ponds will be detailed in the site specific waterways plans which are proposed to be approved by Environment Canterbury prior to works commencing.

Where de-watering and stream diversions are required, fish recovery shall be undertaken. If there is no experienced fish recovery person available, the consent holder shall ensure that Central South Island Fish and Game is advised 10 working days prior to the dewatering and filling in of any channel where a diversion has been required. They will also be notified when the water is diverted back into the waterway. This is proposed as a condition of consent.

The diverting of water will have a short -term effect on recreational water users. The diversion will effect a small section of waterways within the Waitaki Valley over a short period of time. Additionally, the waterways where works will be occurring do not contain high recreational values and as such it is considered that the effects are likely to be less than minor to recreational users.

It is considered that the effects of diversion for de-watering will be minor.

Effects on Soil Quality

The works for installing the pipeline will involve excavating soil and backfilling as the pipe is laid. The soil profile will be retained during the backfilling process with top soil remaining on the top of the soil profile at all times. Following the installation of the pipeline the area will be revegetated as soon as practical.

There are no known contaminated sites within the alignment corridor. The majority of the land is privately owned agricultural land and discussions have been held with individual land owners with regards to contaminated soils and the risk of coming across any during excavation works. No contaminated soils have been identified during the preliminary design

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Kurow Duntroon Irrigation Company Ltd phase. The construction environmental management plan will identify the process for managing contaminated soils should any be identified during the construction phase. A copy of the Construction Environment Management Plan will be provided to and approved by Environment Canterbury prior to works commencing.

Effects on Amenity Values, People and Communities

Construction activities within the rural environment and within riparian areas and waterways can impact on the existing natural character, amenity and landscape values of the area, waterway and the surrounds.

Recreation areas associated with the immediate area are limited as the alignment predominately extends through private agricultural land. The Alps to Ocean Bike Trail is visible from sections of the alignment but will not be directly affected by the construction activity.

The surrounding area, particularly the lakes and Waitaki River are well known for their recreational values in terms of fishing and boating. None of the waterways crossed by the alignment contain boat access. Depending on the flows in the major waterways they may be used for fishing and kayaking with access gained from one of the public conservation areas. Swimming in these waterways is limited due to flows and there are no known regularly used swimming holes in any of these waterways.

The construction works including the diverting of water will temporary restrict recreational access to a small section of the major waterways within the alignment. Instream works will not occur between May through to November. This will mean that instream works will occur over the summer months however the length of time within the waterways will be limited to between 4 and 6 weeks and the works at each site will occur over a relatively short section of the waterways (maximum of 30 metres width). As a result it is considered that the impact will be less than minor.

The alignment will be visual from sections of the State Highway which is a well-travelled route and some disturbance will occur to the road where the alignment crosses it. This disturbance will be short term in nature and will be controlled through traffic management which will be approved by NZTA prior to the works commencing.

Access to the waterways which are crossed by the alignment are very limited due to their size and location adjoining predominately private working farms. Areas where Public Conservation Land adjoins the waterways are generally dominated by gorse and contain restricted access.

The proposed activity may have an adverse impact on amenity values through such impacts as machinery noise and fumes and visual effects during construction. However, the works are relatively short in duration, and will cease once construction is complete. The noise associated with the machinery will not be unlike other agricultural machinery often present

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Kurow Duntroon Irrigation Company Ltd in rural environments. It is unlikely that any local residents will consider themselves adversely affected.

The majority of the vehicle movements associated with this proposal will be restricted to the construction corridor and identified stockpile and parking areas. There will be an increase in activity as the construction moves along the alignment and in the process crosses various council roads and the State Highway. A Traffic Management Plan will be developed prior to construction which will detail management measures to be established for the crossing of council and NZTA highways. Traffic management measures will reduce impacts to local road users.

The construction machinery will be stored at specific storage location points along the alignment which will be identified and mapped prior to construction commencing.

Farm machinery such as diggers, larger tractors, harvesting and haymaking are common in the rural area and create a certain amount of dust, noise and fumes. It is considered that earthworks machinery which will include excavators, trucks, graders, water carts, bulldozers and compactors are not dissimilar to such farm machinery and although there will be a concentration of machinery within the corridor, the machinery itself will not be significantly out of place within the rural environment.

All measures will be taken to minimise the effects of dust, erosion, sedimentation, and noise on the immediate area. A Construction Environmental Management Plan will be developed which specifies mitigation measures to be adhered to throughout the duration of the construction. Tool box talks to all construction workers will also be undertaken at the start of each working day, identifying any major hazards and environmental issues within the working section of the alignment. This will include communication on mitigation measures outlined in the Construction Environmental Management Plan.

Due to the temporary nature of the works and the mitigation measures proposed including the development of a specific Construction Environmental Management Plan, the overall effects on people, amenity and landscape values are considered less than minor.

Effects on Tangata Whenua values

The application is located with the Moeraki Runanga and the Waitaki River is a statutory acknowledgement area and a Runanga Sensitive Area.

It is noted that Te Runanga O Ngāi Tahu Freshwater Policy Statement sets out to achieve: Wahi Tapu, or total protection of waters that have particular spiritual significance to Ngāi Tahu; Mauri, or restoration, maintenance and protection of the essential life force of freshwater resources; Mahinga Kai, sustaining vital, healthy indigenous freshwater populations and habitats, that have traditionally been used as food, tools, or other resources, for harvesting activity; and, Kaitiakitanga, promoting collaborative management for the participation of Ngāi Tahu in freshwater management.

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Kurow Duntroon Irrigation Company Ltd

All of the waterways crossed by the alignment flow into the Waitaki River. The life force of the streams will be maintained as the works will not prevent the waterways from self-cleansing. Where stream diversions are required there will always be a channel that is open to ensure that the flow of the waterway is maintained.

The works will not adversely affect values associated with the abundance and diversity of mahinga kai as the works will be temporary in nature and mitigation measures will be in place to minimise impacts such as sedimentation. Any sedimentation resulting from the proposal will be temporary, and will cease on completion of construction.

The mitigation proposed in this application by way of consent conditions is considered to address and be consistent with the objectives of the Te Runanga O Ngāi Tahu Freshwater Policy Statement.

A desktop assessment of the impacts to archaeological and cultural values has been undertaken by Heritage Properties and is attached in Appendix H. This assessment identified four Maori Rock Art sites identified by the Ngai Tahu Maori Rock Art Trust. Whilst these sites will not be directly affected by the installation of the pipeline it is recognised that a more detailed assessment of the potential direct and indirect effects to these sites needs to be investigated. In addition, it is also recognised that the chances of encountering Maori archaeological material may be greater around watercourses and as such Heritage Properties have been engaged to undertake a detailed assessment of the alignment.

This detailed assessment is currently being undertake and will be forwarded to Environment Canterbury on completion.

Conditions have been proposed for the accidental discovery of artefacts during construction and an accidental discovery protocol is incorporated into the construction environmental management plan. It is expected that additional conditions may be incorporated into the consent following the conclusion of the detailed archaeological assessment.

If the detailed assessment identifies that the works are going to affect an archaeological site that cannot be avoided then archaeological authority will be obtained from Heritage New Zealand Pouhere Taonga before works commence.

Effects on Historical Values The Heritage New Zealand Pouhere Taonga Act 2014 defines an archaeological site as a place associated with pre-1900 human activity, where there may be evidence relating to the history of New Zealand. As mentioned above a desktop assessment of the alignment and the potential impacts to historical values has been undertaken and is attached in Appendix H. The assessment identified 4 recorded Maori Rock Art sites and one colonial European site as being located within the alignment corridor. The European site (I40/62) is a limestone

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Kurow Duntroon Irrigation Company Ltd cookhouse, dairy and stables of the former Kurow Station. The actually construction of the alignment will avoid direct impacts to these sites. In order to ensure that all pre-1900 European activity or unrecorded areas of Maori activity are captured prior to works commencing Heritage Properties have been engaged to undertake a detailed assessment. This report will be forwarded to Environment Canterbury on completion and any proposed conditions of consent incorporated as required. Authority will be obtained from Heritage New Zealand Pouhere Taonga if it is determined by the archaeologist that the works are going to affect an archaeological site.

POLICIES AND OBJECTIVES

National Policy Statement – Freshwater Management 2014 There are several objectives and policies relating to safeguarding the life-supporting capacity of ecosystem processes and indigenous species in managing the use of water, to avoid further over-allocation and phase out existing over-allocation, improve efficient allocation and use of water and protect significant wetlands.

Objective A1

To safeguard: a) the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems, of fresh water; and

b) the health of people and communities, at least as affected by secondary contact with fresh water; in sustainably managing the use and development of land, and of discharges of contaminants.

Objective A2

The overall quality of fresh water within a region is maintained or improved while:

a) protecting the significant values of outstanding freshwater bodies;

b) protecting the significant values of wetlands; and

c) improving the quality of fresh water in water bodies that have been degraded by human activities to the point of being over-allocated.

Objective B1

To safeguard the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems of fresh water, in sustainably managing the taking, using, damming, or diverting of fresh water.

Objective B4

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To protect significant values of wetlands and of outstanding freshwater bodies.

The water quality effects are being managed by way of the conditions of consent and through documentation that supports the construction team such as the Construction Environmental Management Plan. Therefore, the proposal is considered to meet the objectives and policies of the National Policy Statement for Freshwater Management.

National Environmental Standards – Sources of Human Drinking Water The purpose of the National Environmental Standard for Sources of Human Drinking Water (NES) is to reduce the risk of human drinking water sources becoming contaminated. For this purpose, a human drinking water source is a natural water body such as a lake, river or groundwater, used to supply a community with drinking water. The standard applies to source water before it is treated and only sources used to supply human drinking water i.e., not stock or other animals.

12 Condition on resource consent if activity may significantly adversely affect registered drinking-water supply

(1) When considering a resource consent application, a consent authority must consider whether the activity to which the application relates may—

(a) itself lead to an event occurring (for example, the spillage of chemicals) that may have a significant adverse effect on the quality of the water at any abstraction point; or

(b) as a consequence of an event (for example, an unusually heavy rainfall) have a significant adverse effect on the quality of the water at any abstraction point.

There are two community drinking water supply points (I40/0006 and I40/0007) on the lower terrace below the location of the proposed alignment near Kurow township. The construction works to install the pipeline will be undertaken adjoining State Highway 83 at a distance of approximately 90 metres from the supply points.

There is also a community drinking supply point (I40/0020) near Duntroon township which is located over 2 km’s from the proposed alignment.

The assessment of effects shows that there is no adverse effect on water quality and therefore, the effect of the proposed take on Sources of Human Drinking Water have been considered less than minor.

CANTERBURY REGIONAL POLICY STATEMENT

Chapter 4 – Provision for Ngāi Tahu and their relationship with resources

Chapter 4 highlights the Canterbury Regional Council and their relationship with Ngāi Tahu within the resource management process. It deals with the tools and processes required to

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Kurow Duntroon Irrigation Company Ltd sustain good working relationships between Ngāi Tahu and natural resources. This application supports the relationship, tools and processes outlined in Chapter 4.

Chapter 7 – Fresh Water

This chapter specifically relates to protecting freshwater from the adverse effects of activities through to efficient use of water either surface or ground. The following policies are relevant to this proposed activity:

Policy 7.3.1 – Adverse effects of activities on the natural character of fresh water – To identify the natural character values of fresh water bodies in the region and to:

(1) preserve natural character values where there is a high state of natural character;

(2) maintain natural character values where they are modified but highly valued; and

(3) improve natural character values where they have been degraded to unacceptable levels; unless modification of the natural character values of a fresh water body is provided for as part of an integrated solution to water management in a catchment in accordance with Policy 7.3.9, and, in that case, any adverse effects on the natural character values of the fresh waterbody are remedied or mitigated.

Policy 7.3.6 – Fresh water quality - requires the setting of water quality standards for surface water and ground water resources in the region, which are appropriate for each water body… and to manage activities which may affect the water quality (including land uses), singularly or cumulatively, to maintain water quality at or above the set standard for that water body…

Policy 7.3.7 – Water quality and land uses – to avoid, remedy or mitigate adverse effects in land uses on the quality of fresh water (surface or ground)…

The proposed consent conditions aim to ensure that there are no adverse effects on water quality. In addition, the applicant will provide detailed construction methodology for each of the four-major waterway crossing ensuring that minimal disturbance is made to each waterway and appropriate crossing methodology is incorporated for the size and depth of each major waterway. Detailed general methodology for crossing smaller waterways will also be developed. In addition, a Construction Environmental Management Plan will be developed outlining mitigation measures to ensure that water quality is protected. Mitigation measures will include timing of the works, minimising disturbance and installing appropriate sediment controls.

It is considered that the development in conjunction with the methodology and consent conditions is consistent with Chapter 7 of the RPS.

Chapter 10 – Beds of Rivers and Lakes

This chapter addresses the beds of rivers and lakes and their associated riparian zones, including their banks and margins (Ecan, 2011b). The relevant provisions of the RPS are listed as follows:

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Objective 10.2.2 – Maintenance of the flood-carrying capacity of rivers through avoiding, remedying or mitigating the adverse effects of activities in their beds, and on their banks and margins, and avoiding the accumulation of bed material and vegetation within the beds.

Objective 10.2.3 – Protection of the stability, performance and operation of essential structures from activities in river and lake beds and on their banks or margins.

Policy 10.3.1 – To provide for activities in river and lake beds and their riparian zones, including the planting and removal of vegetation and the removal of bed material

It is considered that the proposal meets the objectives and policies in this Chapter.

Chapter 11 – Natural Hazards

Objective11.2.1– The impacts of natural hazards on the environment, infrastructure, property, the social, economic and cultural well-being and the health and safety of people and communities, are avoided or, where avoidance is not possible, mitigated.

Objective 11.2.2 - Adverse effects on people, property, infrastructure and the environment resulting from methods used to manage natural hazards are avoided or, where avoidance is not possible, mitigated.

Policy 11.3.7 — New physical works to mitigate natural hazards will be acceptable only where:

(1) the natural hazard risk cannot reasonably be avoided; and

(2) Any adverse effects of those works on the natural and built environment and on the cultural values of Ngāi Tahu, are avoided, remedied or mitigated.

Given the nature of the proposed activity and the proposed mitigation measures, it is considered that the proposed activity is consistent with the policies and objectives of the RPS.

TE RUNANGA O NGĀI TAHU FRESHWATER POLICY STATEMENT

This document contains the following Objectives and Policies, considered relevant to this application: Objective Wahi Tapu: To afford total protection to waters that have particular spiritual significance to Ngāi Tahu

Policy1: Identify sites for immediate protection because of their significance as wahi tapu.

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Policy 2: Agree with resource management agencies objectives, policies and methods that protect the sites identified by Papatipu Runanga.

Objective Mauri: Restore, maintain and protect the mauri of freshwater resources. Policy 1: Identify freshwater resources where: • Mauri is unaffected by modification and human activity do that these water bodies can be afforded total protection • Mauri is adversely affected, and the activities that cause such affects Policy 2: Accord priority to ensuring that availability of sufficient quantities of water of appropriate water quality to maintain and protect the mauri of a water body, in particular, priority is to be accorded when developing water allocation regimes. Policy 3: Adopt catchment management planning as the means of achieving integrated management. Policy 4: Protect the opportunities for Ngāi Tahu’s uses of freshwater resources in the future.

Objective Mahinga Kai: To maintain vital, healthy mahinga kai populations and habitats capable of sustaining harvesting activity. Policy 1: Protect critical mahinga kai habitats and identified representative areas Policy 2: Restore and enhance the mahinga kai values of rivers, streams, wetlands and riparian margins. Policy 3: Ensure that activities in the upper catchments have no adverse effect on mahinga kai resources in the lower catchments. Policy 4: Restore access to freshwater resources for cultural activities, including the harvest of mahinga kai.

Objective Kaitiakitanga: To promote collaborative management initiatives that enables the participation of Ngāi Tahu in freshwater management. Policy 1: Ensure Ngāi Tahu has access to information about the status of resources and the activities of resource users so that it is able to anticipate the effects of activities on customary values and uses. Policy 2: Assist with the development of Ngāi Tahu’s capacity to conduct formal cultural impact assessments and require such assessments as part of an assessment of environmental effects. Policy 3: Facilitate effective Ngāi Tahu participation in: • Policy formulation

• Decision making

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• Operation management activities; and

• Monitoring activities

Policy 4: Improve the integration of western science and traditional local knowledge in order to develop a better understanding of all water use planning related matters. Policy 5: Increase the ability of Papatipu Runanga to understand and participate in all aspects of research and to have influence in setting research priorities.

With the mitigation proposed by way of consent conditions and consistency with the LWRP, the application is considered to be consistent with the values and objectives of the Freshwater Policy Statement.

LAND AND WATER REGIONAL PLAN (LWRP)

Land and Water Regional Plan. The Objectives of the LWRP have been considered in their entirety and can be met. No single objective is more important than another, however, the following objectives are considered most relevant to this application.

Objectives

3.1 Land and water are managed as integrated natural resources to recognise and enable Ngāi Tahu culture, traditions, customary uses and relationships with land and water.

3.2 Water management applies the ethic of ki uta ki tai – from the mountains to the sea – and land and water are managed as integrated natural resources recognising the connectivity between surface water and groundwater, and between fresh water, land and the coast.

3.6 Water is recognised as essential to all life and is respected for its intrinsic values.

3.8 The quality and quantity of water in fresh water bodies and their catchments is managed to safeguard the life-supporting capacity of ecosystems and ecosystem processes, including ensuring sufficient flow and quality of water to support the habitat and feeding, breeding, migratory and other behavioural requirements of indigenous species, nesting birds and where appropriate, trout and salmon.

3.14 Outstanding fresh water bodies and hāpua and their margins are maintained in a healthy state or are improved where degraded.

3.16 Freshwater bodies and their catchments are maintained in a healthy state, including through hydrological and geomorphic processes such as flushing and opening hāpua and river mouths, flushing algal and weed growth, and transporting sediment.

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3.17 The significant indigenous biodiversity values of rivers, wetlands and hāpua are protected.

3.18 Natural character values of freshwater bodies, including braided rivers and their margins, wetlands, hāpua and coastal lagoons, are protected.

3.21 The diversion of water, erection, placement or failure of structures, the removal of gravel or other alteration of the bed of a lake or river, removal of vegetation, or natural defences against water does not exacerbate the risk of flooding or erosion of land or damage to structures.

The activity as detailed in the environmental effects statement recognises and addresses the values outlined in the policies and is in keeping with the LWRP.

Policies

The Strategic Policies (4.1 to 4.8B) have all been considered are able to be met. The following are the most relevant activity related policies.

4.18 The discharge of sediment and other contaminants to surface water from earthworks, including roading, works in the bed of a river or lake, land development or construction, is avoided, and if this is not achievable, the best practicable option is used to minimise the discharge to water.

4.19 The discharge of contaminants to groundwater from earthworks, excavation, waste collection or disposal sites and contaminated sites is avoided or minimised by ensuring that:

(a) activities are sited, designed and managed to avoid the contamination of groundwater;

(b) existing or closed landfills and contaminated sites are managed and monitored where appropriate to minimise any contamination of groundwater; and

(c) there is sufficient thickness of undisturbed sediment in the confining layer over the Coastal Confined Aquifer System to prevent the entry of contaminants into the aquifer or an upward hydraulic gradient is present which would prevent aquifer contamination.

4.22 Sedimentation of water bodies as a result of land clearance, earthworks and cultivation is avoided or minimised by the adoption of control methods and technologies, such as maintaining continuous vegetation cover adjacent to water bodies, or capturing surface run-off to remove sediment and other contaminants or by methods such as direct drilling crops and cultivation that follows the contours of a paddock.

4.23 Any water source used for drinking-water supply is protected from any discharge of contaminants that may have any actual or potential adverse effect on the quality of the drinking-water supply including its taste, clarity and smell and group and

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community drinking water supplies are protected so that they align with the CWMS drinking-water targets and meet the drinking-water standards for New Zealand.

As stated in the Assessment of Effects, water quality will not be affected long-term by the activity. There are drinking water bores within the vicinity of the works area but they will not be affected by the works and there are no known contaminated sites within the alignment. No work will occur within known contaminated sites, and sediment conditions are proposed to protect water quality ensuring that effects to water quality are avoided and minimised.

4.86 Earthworks and structures in the beds or margins of lakes, rivers, wetlands, hāpua, coastal lakes and, lagoons:

(a) maintain the character and channel characteristics of rivers including the variable channel characteristics of braided rivers;

(b) protect sites and areas of significant indigenous biodiversity values or of cultural significance to Ngāi Tahu; and

(c) do not preclude any existing lawful access to the bed of the lake, river, wetland, hāpua, coastal lake, or lagoon for recreational, customary use, water intakes or supplies or flood control purposes, except where necessary to protect public health and safety.

4.88 Earthworks, structures, or the planting or removal of vegetation (other than by spraying) in the beds of lakes, rivers, hāpua, coastal lakes and lagoons, or within a wetland boundary do not occur in flowing or standing water unless any effects on water quality, ecosystems, or the amenity, recreational or cultural values will be minor or the effects of diverting water are more significant than the effects of the activity occurring in flowing or standing water.

4.89 Earthworks, structures (including defences against water), vegetation planting or removal, or other activities in the beds of lakes or rivers, do not materially restrict flood flows in any river, or create or exacerbate erosion of the bed or banks of any river or the bed or margins of any lake.

Flood carrying capacity will be retained for each of the waterbodies concerned. The AEE shows that the impacts of the works are less than minor, and this addresses each of the matters discussed in Polices 4.86, 4.88 and 4.89 above.

WAITAKI CATCHMENT WATER ALLOCATION REGIONAL PLAN (WCWARP)

The objectives and policies of the WCWARP have been considered and the development recognises the importance of connectedness between all parts of the catchment and the complexity of Waitaki catchment. The most relevant policies include;

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Policy 1 By recognising the importance of connectedness between all parts of the catchment from the mountains to the sea and between all parts of freshwater systems of the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands and aquifers.

Policy 6 To recognise the close connection between groundwater and surface water in some locations, by requiring any take, use or diversion of:

a. connected groundwater

b. shallow groundwater upstream of Lake Benmore; and

c. shallow groundwater in the Hakataramea and Maerewhenua catchments to comply with environmental flow and level regimes set for the relevant surface water body.

Policy 7 In considering whether to grant or refuse consent to take, dam, divert or use water from streams where the mean annual low flow is less than 100 litres per second, the consent authority will have regard to whether there are alternative locations for the activity on larger water bodies.

Detailed waterway crossing methodology will be developed by the contracted engineers and approved by Environment Canterbury prior to works being undertaken. The temporary diversion of water at waterway crossings takes into consideration the effects to the wider catchment and proposes a range of mitigation measures to address any potential adverse effects. These are proposed as conditions of consent.

Additionally, the applicant has worked through a detailed investigation phase to develop an alignment route that minimises the length and complexity of the works and minimises impacts to the environment, landowners and the community. In order to deliver water to shareholders waterways require crossing. The crossing locations and specific details have been discussed in detail with Environment Canterbury Engineers and the applicant is satisfied that the route development has addressed the objectives and policies of the WCWARP.

PART II MATTERS

Under section 104(1) of the Act, the consent authority must consider applications “subject to Part II” of the Act. The purpose of the RMA (Section 5(1)) is to: “Promote the sustainable management of natural and physical resources.” Section 5(2) defines the meaning of “sustainable management”, which is to manage resources in a manner that provides for the social, economic and cultural wellbeing of communities while protecting the life-supporting capacity of the environment for the needs of future generations. This section also states that this should be achieved by “avoiding, remedying or mitigating” the adverse effects of activities.

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The applicant has proposed a substantial set of conditions to avoid, remedy or mitigate adverse effects of their activity, to an effect considered less than minor. The granting of this application will allow the KDIC to comply with Environment Canterbury requirements and improve the irrigation infrastructure to effectively supply irrigation water to shareholders providing economic benefits to the property owners and wider community.

PURPOSE OF THE ACT

The purpose of the Act is to “promote the sustainable management of natural and physical resources”. Based on the assessment of environmental effects and the proposed consent conditions, it is considered that the proposed activity is consistent with the purpose and principles of the Act.

MATTERS OF NATIONAL IMPORTANCE

The consent authority is directed to recognise and provide for a number of matters set out in Section 6 of the Act. These matters include, but are not restricted to, the preservation of the natural character of rivers and their margins. Section 6(e) requires the relationship of Maori, their culture and traditions to the environment to be provided for it is considered that the proposed works will not affect any of the matters set out in Section 6.

OTHER MATTERS

Section 7 of the Act requires that the consent authority shall have particular regard to certain other matters. Of particular relevance to this application are: (a)Kaitiakitanga:

(b)The efficient use and development of natural and physical resources:

(c) The maintenance and enhancement of amenity values:

(d) Intrinsic values of ecosystems:

(f) Maintenance and enhancement of the quality of the environment:

(g) Any finite characteristics of natural and physical resources:

(h) The protection of the habitat of trout and salmon.

It is considered that the proposed activity will not affect any of the matters set out in Section 7 if carried out in accordance with the proposed consent conditions which will ensure the proposal will avoid, remedy or mitigate effects on these other matters to consider. In proposing this mitigation, the applicant has ensured that their application is not contrary to the objectives and policies of the WCWARP designed to protect these matters for consideration.

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PRINCIPLES OF THE TREATY OF WAITANGI

Section 8 of the Act requires the consent authority to take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

The Principles of the Treaty of Waitangi form the basis of developing a relationship of partnership and communications. Accordingly, the appropriate Runanga has been advised of this application and has been consulted with extensively including carrying out a site visit

RECOMMENDATION

The applicant requests that the application proceeds to be granted given that: • The environmental effects have been assessed as being less than minor given the mitigation provided by way of consent conditions. The activity is discretionary. • The effects are considered less than minor. • The activity is consistent with the objectives and policies in the Land and Water Regional Plan, and is consistent with Part II of the Resource Management Act. • It is requested this application is granted on a non-notified basis. • A 35 year duration is sought to allow for maintenance works, should they be required.

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APPENDIX A – CRC163429

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APPENDIX B – PLANS OF THE PIPELINE ALIGNMENT

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APPENDIX C – MAJOR WATERWAY CROSSING LOCATION PLANS

Awakino River Crossing

Kurow Creek Crossing

Otiake River Crossing

Otekaieke River Crossings 1 & 2

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APPENDIX D – ENVIRONMENT CANTERBURY RIVER ENGINEER - HILARY FRASER CONSULTATION

From: Hilary Fraser Sent: Friday, 5 May 2017 8:18 a.m. To: 'Anna McKenzie' Subject: RE: KDIC Proposed Routes - Otekaieke and Maerewhenua Rivers

Hi Anna,

It was great meeting you both and thank you for sending through the amended design.

On the site visit I mentioned that you may be able to work under our Canterbury Regional Defences Against Water and Drainage Schemes Code of Practice (July 2015). This enables maintenance and repair works by local authorities and network utility operators to be undertaken on defences against water as a permitted activity. Because your proposed works are new the Code of Practice doesn’t cover it unfortunately.

To recap advice from our meeting:

• The top of the pipes under the river bed are to be at least 3m deep from the lowest invert in the river at crossing. The river bed includes the gravel fairway and the berms. • The pipe crossings are to be at right angles to the river, this shortens the length in the river and lessens potential erosion. • Keep line of pipe from previous or existing erosion areas. • Remove/disturb the minimum of protection trees. • Keep any underground pipes at least 50m away from bridges. There is potential of back scour around bridges. Looking at your purple line on the Otekaieke River there appears to be an area of erosion close to the pipe line, just on the upstream side of the house area. If the pipe line is dug through there it will put the residence under threat of erosion. It would require river erosion works to be installed and maintained. I would recommend a site visit to see exactly what is there, hard to judge from an aerial!

The Otekaieke River plan also shows a red line on the downstream side of the bridge. I can’t remember if that is an existing pipe or if it is attached to the bridge? If new then you would need to consult with bridge authority as it could potentially back scour. We would recommend being at least 50m away from bridge.

The Maerewhenua River plan line is running up the river berm by the road. Again it is shown going straight over an erosion bay. It would be best to kink to follow the road to try to keep away from erosion. We would recommend the 3m cover over the pipe all the way up the river. Could be a good idea to check the economics of the option going up the other side of the road, from memory that would involve dealing with landowner but you may be able to be shallower.

I have attached plans with my areas of concern marked on them.

I am away for the next couple of weeks, back on Monday 22nd May. If you have any questions while I am on holiday please contact my college Amanda Brown, cell 027 541 4602 or [email protected]

I’ll try and give you a call today if I can.

Cheers,

Hilary Kurow Duntroon Irrigation Company Ltd

APPENDIX E – CONSULTATION DEPARTMENT OF CONSERVATION

From: Andrew Powazynski [mailto:[email protected]] Sent: Thursday, 11 May 2017 4:16 PM To: Anna McKenzie Cc: Chris Coulter Subject: FW: Concession forms needed to apply for an easement we discussed the other day.

Hi Anna,

I have discussed the feasibility of this at great lengths with my supervisor (Chris Coulter) and she agrees with me that what your intending from the last email (narrower working corridor and revegetation etc.) which could come in the form of riparian planting the waterway etc., is definitely doable as long as you make all the right noises.

Anyway attached are the required application documents which I’m sure you are familiar with (1a & 3c) and I would encourage you to attach all that good information you’ve supplied me, maps and offers of riparian planting etc. etc. with the application. Hopefully that should help the cause.

Once the application is completed please email it and all the info to [email protected] and she will put it into our system and seek a sign off.

Good luck.

Kind regards/ Ngā mihi,

Andy

Andrew Powazynski

Ranger-Community-Kaitiaki-Āo Hāpori

Department of Conservation—Te Papa Atawhai

DDI: +64 3 433 1023 | Fax: +64 3 433 1058 | M: +64 27 2178912 | VPN: 5786 |

Email: [email protected]

Oamaru Base

8 Regina Lane | PO Box 388,Oamaru 9444

T: +64 3 433 1023

Conservation leadership for our nature Tākina te hī, tiakina te hā, o te ao tūroa

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APPENDIX F – CONSULTATION MOERAKI RUNANGA

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APPENDIX G – CONSULTATION FISH AND GAME

From: Angela Christensen F&G [mailto:[email protected]] Sent: Wednesday, 7 June 2017 4:21 PM To: Anna McKenzie Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Hi Anna

More refined based on species and waterway specific

Awakino- brown and rainbow trout: 1 May-30 November

Kurow- if sufficient flow, brown trout will spawn: 1 May – 30 September

Otiake- salmon in the side braid of Waitaki that is connected via Otiake confluence, brown trout: 1 April – 30 November

Otekaieke- brown and rainbow trout, salmon: 1 April – 30 November

Cheers

Angela

Fish & Game

From: Anna McKenzie [mailto:[email protected]] Sent: Wednesday, 7 June 2017 12:59 PM To: Angela Christensen F&G Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Hi Angela,

A question has come back from the construction team wondering if it is possible to refine the exclusion period for instream works depending on the waterway and species?

Currently the condition is looking at excluding instream works between 1 April – 30 November which only allows 4 months to undertake the instream works.

Regards

Anna

From: Angela Christensen F&G [mailto:[email protected]] Sent: Wednesday, 17 May 2017 10:43 AM

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To: Anna McKenzie Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Hi Anna

No we don’t have anything standard. Usually ECan just use their standard condition like “The works shall not cause the stranding of fish in pools or channels.”

Sometimes, depending on who the applicant is planning to use to undertake fish recovery, this is sufficient. In instances where there is not a fish recovery protocol or a person with experience doing the recovery, then there can be a condition where F&G is notified 10 working days in advance of the works commencing. Then we can assess whether it would be beneficial for us to be onsite to do this.

Cheers

Angela

Fish & Game

From: Anna McKenzie [mailto:[email protected]] Sent: Wednesday, 17 May 2017 9:10 AM To: Angela Christensen F&G Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Hi Ang,

Do Fish and Game have standard fish protocol for fish recovery that I can include as a condition of consent? Where the waterways are flowing there will be a requirement to divert and dewater and as a result fish recovery may be required.

Cheers

Anna

From: Angela Christensen F&G [mailto:[email protected]] Sent: Tuesday, 9 May 2017 9:25 AM To: Anna McKenzie Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Hi Anna

Instream works should be avoided during the spawning season. To encompass all sports fish species that utilise the different waterways listed below, including the side braids of the Waitaki between Otiake and Otekaieke where it is a Sch 17 Salmon Spawning Site, then from 1 April – 30 November there should be no instream works.

This is a broad approach, if you want something specific for each waterway, let me know and I can break it down by species/waterways.

Cheers

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Angela

Fish & Game

From: Anna McKenzie [mailto:[email protected]] Sent: Monday, 8 May 2017 3:16 PM To: Angela Christensen F&G Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Thanks Ang,

Based on the info below, are there certain times of the year that F & G would prefer construction works to avoid?

From: Angela Christensen F&G [mailto:[email protected]] Sent: Monday, 8 May 2017 3:11 PM To: Anna McKenzie Subject: RE: Kurow Duntroon Irrigation Company Pipeline Alignment.

Hi Anna

Thanks for your email.

Fish & Game has the following values associated with the waterways you have listed. If you need something more formal or more info, let me know.

Awakino R.-. It provides spawning habitat and juvenile rearing for salmon and trout and is only one of three Waitaki River tributaries for rainbow trout spawning so it is very important to the overall Waitaki fishery.

Kurow R.- there is a small resident population of brown trout in the upper reaches. When there is sufficient flows to provide access, they contribute to the Waitaki River fishery.

Otiake R.- Otiake is dry in the lower reaches and seldom meets the Waitaki except in times of heavy rain or snow melt. There is a brown trout population in the upper reaches, however, they are small and create little interest for anglers. That being said, the contribution, while limited is considered important.

Otekaieke R.- There is a resident brown trout population and occasional rainbow trout and salmon which indicates that all the conditions needed for successful spawning are satisfied, when sufficient flows enable access for adults.

Cheers

Angela Christensen | Resource Officer

Central South Island Fish & Game Council

PO Box 150, Temuka, New Zealand

P +64 3 615 8400 | M +64 021 843 968| E [email protected] | W www.fishandgame.or

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APPENDIX H – DESKTOP ARCHAEOLOGICAL ASSESSMENT

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APPENDIX I – CONFIRMATION TO LODGE

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