EIS 1485

AA068 132

Sand and gravel extraction at Gosforth environmental impact

statement L

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OJJ MITCHELL ERM McC.OTTER

02 I ( U I I I I

SAND AND GRAVEL I EXTRACTION AT I GOSFORTH

I Environmental Impact Statement I I

For: I ROBERT SMITH I I I

I May 1999 p 58058 I I

I ERM Mitchell McCotter Pty Ltd. A.C.N. 002 773 248. A member of the Environmental Resources Management Group. I Report No. 58058

This report was prepared in accordance with the scope of services set out in the contract between ERM Mitchell McCotter Pty Ltd ACN 002 773 248 (ERMMM) and the Client. To the best of our knowledge, the proposal presented herein accurately reflects the Client's intentions when the report was printed. However, the application of conditions of approval or impacts of unanticipated future events could modify the outcomes described in this document. In preparing the report, ERMMM used data, surveys, analyses, designs, plans and other information provided by the individuals and organisations referenced herein. While checks were undertaken to ensure that such materials were the correct and current versions of the materials provided, except as otherwise stated, ERMMM did not independently verify the accuracy or completeness of these information sources.

Approved by: Michael Shelly Prepared by: Elizabeth Shelly

Position: Project Director Position: Project Manager, Signed: _____ Signed:

Date: 4th M1 99 Date: 4th May, 1999

ERM MUd,'11 Mnthr O,mlitu

58058/FINAL 1/4 MAY 199 I I I TABLE OF CONTENTS Page No. I INTRODUCTION I 1.1 BACKGROUND 1.2 CONSULTATION AND KEY ISSUES 1.2.1 Department of Urban Affairs and Planning I 1.2.2 Maitland City Council 1.2.3 Environment Protection Authority 1.2.4 Department of Mineral Resources I 1.2.5 Department of Land and Water Conservation 1.2.6 National Parks and Wildlife Service I 1.2.7 Roads and Traffic Authority 1.2.8 Mindaribba Local Aboriginal Land Council 1.2.9 NSW Fisheries L 1.2.10 Hunter Water Corporation 1.2.11 Mines Subsidence Board 1.2.12 NSW Agriculture I 1.3 OBJECTIVES OF THE PROPOSAL 1.4 DEVELOPMENT CONSENT PROCEDURES I 1.5 PREPARATION OF THE EIS 2. PROPOSED DEVELOPMENT I 2.1 RESOURCE ASSESSMENT 2.1 2.1.1 Resource Quality 2.1 2.2 SITE LAYOUT 2.1 I 2.3 EXTRACTION 2.1 2.3.1 Extraction Plan 2.1 2.3.2 Extraction Rate 2.2 I 2.4 OPERATIONS 2.2 2.4.1 Plant and Equipment 2.2 I 2.4.2 Workforce and Operating Hours 2.3 2.5 MATERIALS HAULAGE 2.3 2.5.1 Access 2.3 LL.. 1D 1 1OuLe 2.3 2.5.3 Truck Movements 2.3 2.6 WATER MANAGEMENT 2.3 I 2.7 REHABILITATION 2.4 U I 58058/FINAL 1/4 MAY 1999 TABLE OF CONTENTS Page No.

3.10 VISUAL ASPECTS 3.22 3.10.1 Scenic Quality 3.22 3.10.2 Impacts 3.24 3.11 AIR QUALITY 3.25 3.12 PLANNING 3.27 3.12.1 Introduction 3.27 3.12.2 Maitland Local Environmental Plan, 1993 3.27 3.12.3 Hunter Regional Environmental Plan, 1989 3.28 3.12.4 Hunter Regional Environmental Plan, 1989 (Heritage) 3.28 3.13 INTEGRATED DEVELOPMENT 3.29 3.13.1 Approval and Licence Requirements 3.29 3.14 SOCIO-ECONOMIC CHARACTER 3.29 3.14.1 Socio-Economic Impacts 3.31 3.15 BUSHFIRE HAZARD ASSESSMENT 3.31 3.16 ROAD AND TRAFFIC CONDITIONS 3.32 3.16.1 Proposed Haul Route 3.32 3.16.2 ExistingTra.ffic Volumes and Road Conditions 3.32 3.16.3 Impacts 3.32 3.17 SERVICES AND UTILITIES 3.33 3.18 ABORIGINAL AND EUROPEAN ARCHAEOLOGY 3.33 3.18.1 Consultation 3.33 3.18.2 Regional Archaeological Context 3.33 3.18.3 Local Archaeological Context 3.34 3.18.4 Survey Coverage 3.35 3.18.5 Results 3.36 3.18.6 Significance Assessment 3.36 3.18.7 Mitigation Measures 3.36 3.18.8 Historic Archaeology 3.37 3.19 ECOLOGICALLY SUSTAINABLE DEVELOPMENT 3.38 3.20 ENVIRONMENTAL MANAGEMENT PLAN 3.40

58058/FThJAL 1/4 MAY 1999 APPENDICES

AUTHORITY CONSULTATION FORM 2 CERTIFICATE NOISE MONITORING DATA STUDY TEAM ENVIRONMENTAL MANAGEMENT PLAN OUTLINE

LIST OF FIGURES Follows Page No.

1.1 LOCALITY 1.1

2.1 SCHEMATIC CROSS SECTION 2.1

2.2 SITE LAYOUT 2.1

2.3 STAGE 1 QUARRY PLAN 2.1

2.4 STAGE 2 QUARRY PLAN 2.1

3.1a WIND ROSES 3.2

3.1b WIND ROSES 3.2

3.1c WIND ROSES 3.2

3.1d WIND ROSES 3.2

3.2 GEOMORPHOLOGY AND HYDROLOGY 3.3

3.3 NOISE MONITORING RECEPTOR LOCATION 3.17

3.4 VISUAL ASPECTS 3.22

3.5 ARCHAEOLOGY 3.37

58058/FINAL 1/4 MAY1999 I I [ Chapter 1 I INTRODUCTION

I 1.1 BACKGROUND

Development consent is sought from Maitland City Council by Ms Michelle Killerby I and Mr Robert Smith for a sand and decorative gravel quarry at Lot 1, DP 569007, Parish of Gosforth to supply landscaping and building indusfries. The site is on the floodplain of the Hunter River and was used intensively as a quarry from the mid I 1950's to the late 1960's and again in the 1980's. The location of the proposed quarry is shown on Figure 1.1. I I 1.2 CONSULTATION AND KEY ISSUES Consultation with government authorities determined key issues and requirements of those departments. The responses from authorities are summarised below and I reproduced in Appendix A.

I 1.2.1 Department of Urban Affairs and Planning ' The Department of Urban Affairs and Planning referred to the environmental impact statement (EIS) guidelines for Extractive Indus fries - Quarries, and Extractive Industries - Dredging for use in the preparation of the EIS. Reference was also made I to the recent changes to the Environmental Planning and Assessment Act, 1979. 1.2.2 Maitland City Council

Council confirmed that the property is zoned 1(a) Prime Rural Land under the Maitland Local Environmental Plan, 1993 within which quarrying is permissible I with the consent of Council. Council also noted that the proposal is designated development. I I I

ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 1.1 SOURCE:I:100000 TOPO SERILS,CESSNOCJ( AND NEWCASTLE SHEETS 0 PROPOSED QUARRY SITE 'C PROPOSED HAUL ROUTE

N ERM !qrlOtaL Ao ?.frCorTER Figure 1.1 LOCALITY I______I I I I 1.2.4 Department of Mineral Resources The Department of Mineral Resources required the following to be addressed: I the amount of material available for extraction and the method used to determine this amount; cross-sections and plans summarising this data, I showing location of drillholes and the area proposed for extraction; characteristics of the material to be produced, including grainsize, grading, I clay content and contaminants; an assessment of the quality of the material and its suitability for the anticipated range of applications;

I anticipated annual production, staging and life of the operation; I alternative sources and their availability; and I transport routes. 1.2.5 Department of Land and Water Conservation

I The Department of Land and Water Conservation requested that the following issues be addressed: I Crown Land I potential impacts on any Crown Land; and if the proposal includes or directly affects any Crown public roads all I necessary approvals in terms of the Roads Act 1993 must be obtained.

I Vegetation Determine if the Native Vegetation Conservation Act, 1997 is applicable to the I proposal. I Groundwater Issues The EIS should address:

I groundwater quantity and any dewatering proposed; I

ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 1.3 I cl potential impacts on the quality;

impacts on the river or any dependant ecosystems;

a contingency plan to be developed to rehabilitate the aquifer if it is degraded; and

any excavations below groundwater level must have a licence. iv. River Corridor Management

the extent and width of riverbank to be left undisturbed; and

the effective width of buffer area available to minimise the release of turbid waters from the site and a discussion of its hydraulic function.

V. Surface Water Management

El a water balance should include sources of water, storage, and disposal methods; and

a nutrient balance to demonstrate that eutrophication of the river will not occur.

Geomorphology & Hydrology

If the excavation is within 40 metres of the Hunter River, a geomorphology and hydrology study must be carried out.

Sand and Gravel Extraction Issues

The EIS should include a full description of the operation, particularly:

material description, extraction rates, extraction methods and processing;

description of site features such as topography and adjacent infrastructure;

distance from the extraction site to watercourses and wetlands. Precautions with regard to contamination of watercourse and wetland;

extraction plan including site layout, stockpile processing and handling areas, topsoil removal and storage provisions, erosion control measures, site

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 1.4 I I drainage, setbacks and buffer strips, access, flood hazard management I provisions (if appropriate), protection of sensitive areas;

0 operation plan showing staging or sequencing of extraction and stockpiling I and processing areas; and rehabilitation plan showing finished topography and landscaping. I The impact of the proposal should be assessed with regard to: I U changes to flood hydrodynamics; changes to drainage paths; and

I water quality (including turbidity) of the Hunter River.

1.2.6 National Parks and Wildlife Service

National Parks and Wildlife Service required that the following be addressed: I description of the proposal including how it will modify the environment; I a locality plan showing local and regional setting;

Q applicability of Local Environmental Plans and State Planning Policies; I past and present land use of the site and surrounding areas;

I U description and mapping of all vegetation communities in the study area;

U identification of any vegetation communities or plant species which are of I local, regional, or state conservation significance (including those under the Threatened Species Conservation Act, 1995);

I U description of known or expected fauna assemblages within the study area;

Q identification of fauna habitat likely to be of local, regional, or state I significance (including habitat of threatened species listed under the Threatened Species Conservation Act, 1995); I Q identification of any sites or places of cultural significance to the Aboriginal community; I Q mapping of any Aboriginal sites in the study area; I

ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 1.5 I I I identification of habitat corridors and linkages between areas of remnant I native vegetation which may assist faunal movement through the area; I prediction of the likely impact of the proposal on the above attributes; assessment of measures to minimise these impacts; I prediction of the likely impact of the proposal on land dedicated under the NP&W Act; and I the location and extent of areas of natural and cultural heritage value. I 1.2.7 Roads and Traffic Authority The Roads and Traffic Authority required that the following be addressed:

I potential noise impacts for residents along the haulage route, particularly along the , including the number of trucks, hours of I operation, and their frequency; potential impacts of the operation on the junction of the New England I Highway and Anambah Road, Rutherford; the design of access onto Anambah Road should be in accordance with design standards for the volume of traffic using Anambah Road and traffic I generated by the quarry and should be approved by Maitland City Council; and

I volume and type of vehicles generated and their destinations.

I 1.2.8 Mindaribba Local Aboriginal Land Council

Mindaribba Local Aboriginal Land Council suggested that an archaeological survey I be carried out in conjunction with them.

I 1.2.9 NSW Fisheries

NSW Fisheries' main concern was that a buffer zone between the Hunter River and I the quarry be established. I I

ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 1.6 I I I I I 1.2.10 Hunter Water Corporation In terms of a water resource, Hunter Water Corporation has no interest in the I Gosforth area or the proposal. I 1.2.11 Mines Subsidence Board Mines Subsidence Board replied that the site is not within a proclaimed Mine I Subsidence District and is not subject to any restrictions. 1.2.12 NSW Agriculture

I NSW Agriculture required the following to be addressed: I agricultural land quality; likely impacts of the quarrying on neighbouring farms, including water I resources; cl management to ensure leachate and runoff does not impact on neighbouring I properties; mitigation measures to reduce potential impacts. The cumulative impacts of I nearby quarrying should be considered; and rehabilitation and post extraction land use. I I 1.3 OBJECTIVES OF THE PROPOSAL The objective of the proposal is to extract sand and decorative gravels. Previous quarrying on the site has left a very uneven, hummocky surface. The proponents I wish to restore the agricultural capability of the land by exposing the fertile barns and clays which he underneath the sand and gravels deposited during the 1955 I floods.

I 1.4 DEVELOPMENT CONSENT PROCEDURES The project is designated development under Schedule 3 of the Environmental I Planning and Assessment Regulation (EP&A Regulation). As such an EIS must be prepared and exhibited publicly. Maitland City Council as the consent authority I

ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 1.7 I

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must consider all relevant provisions of the Environmental Planning and I Assessment Act (EP&A Act), the Director General's requirements and submissions made by other government bodies and the public.

I The Director's requirements refers to recent amendments infroduced by the Environmental Planning and Assessment Amendment Act, 1997 and the implications for development applications lodged after 1 July, 1998. Integrated I Development refers to proposals that require a development application and at least one approval listed in Section 91 of the EP & A Act. As the proposed operation will I require approval by other approval bodies it is integrated development. An EIS acts as the main means of communication between a proponent and the consent authority, statutory authorities, interest groups and the public. It quantifies — and assesses potential impacts and documents mitigating measures. Of additional importance is that an EIS provides a permanent and public record of undertakings I given by proponents. Once a development application and accompanying EIS are lodged they are exhibited for a minimum of 30 days, although the exhibition period may be longer at I the discretion of the consent authority. Any person may inspect the documents and I make a submission on the project during the exhibition period. I 1.5 PREPARATION OF THE EIS This EIS has been prepared in accordance with the requirements of the EP&A Act and Regulation. It also reflects the comments and requirements of Authorities who I have a statutory responsibility for some aspect or consequence of the proposal. The I certificate required by Form 2 of the Regulation is included as Appendix B. h I

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 1.8

I _ I Chapter 2 I PROPOSED DEVELOPMENT

2.1 RESOURCE ASSESSMENT

2.1.1 Resource Quality

The material to be extracted consists of flood deposited sands, gravels and silts. The I deposit grades across the site with the finer sands in the north-east to coarse sands and gravels in central and southern areas. Particle size analysis of five samples I taken from across the site shows that the materials range in size from 9.5 millimetres (gravels) to -75 microns (silt). A schematic cross-section is shown in Figure 2,1. I 2.2 SITE LAYOUT

The site is in a bend of the Hunter River and was inundated in the 1955 flood which deposited large volumes of sand and gravels on previously productive alluvial soils. The 14 hectares area of proposed extraction has a 200 metre wide buffer to the Hunter River. The deposit varies from two to five metres deep along the northern boundary of the site to 0.3 to 1 metre along the southern boundary and is confined to the south-east by a ten metre high terrace. The layout of the site is shown in Figure 2.2.

2.3 EXTRACTION

2.3.1 Extraction Plan

The resource is generally sand to the north and gravel to the south, and separate working faces will extract these two materials. Figures 2.3 and 2.4 show two stages of the quarry detailing orientation of the working faces and rehabilitation. Quariying will be undertaken in sequential blocks starting from the eastern flood channel and progressing westwards. Quarrying will be limited to the pre-1955 land surface or about 14 metres RL which is approximately the base level of the eastern flood channel and approximately 11.5 metres below the residence.

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 2.1 ------

0

I

625 metres

4/V ERM M]TCHELL McornR Figure 2.1 SCHEMATIC CROSS SECTION NOT TO SCALE ------

TO 'RWERBEND' PROPERTY _._---

I'()WER SCREEN LOCATION SOURCEr 2r25,000 TOI'O SERIES, GRETA AND MAITLAND SHEETS

im Figure 2.2 SITE LAYOUT lOOm Figure 2.3 STAGE 1 QUARRY PLAN ------

REHABILITATION PROPOSED QUARRY 0321 ACTIVE SAND PROPERlY BOUNDARY

ACTIVE GRAVEL - WATER DETENTION BOND

SCREEN AND LAGOON El STOCKPILES

E RM McomxUTC, ILII Figure 2.4 STAGE 2 QUARRY PLAN Li I Quarrying will expose the pre-1955 land surface which will generally consist of high I quality alluviums. As extraction progresses westwards, quarried areas will be rehabilitated. I A buffer of approximately 200 metres will be left between the top of the eastern bank of the Hunter River and the extraction area. A 10 metre buffer will be left undisturbed on the northern and southern lot boundaries. The depth of extraction I will vary between 0.3 metres and 5 metres, depending on the depth to the bottom of the deposit. The top of the previous land surface (prior to 1955) will form the limit of extraction. This material will be easily recognisable to the operator due to the I differences in colour and texture: the deposit is light in both colour and texture, and the underlying material is dark coloured and heavier in texture.

I The finer sands to the north will be loaded directly into trucks for transport to the market and the remainder of materials will be sorted on a power screen into I different grades of decorative gravel and coarse sand. I 2.3.2 Extraction Rate The estimated reserves of the deposit are approximately 412 800 tonnes. The average daily extraction rate would be 285 tonnes, on weekdays, and 95 tonnes on Saturdays. I It is likely that the operation would run on average 41.5 weeks per year, with the maximum production during the spring and summer months. This would provide a maximum rate of 63080 tonnes per annum. At this rate, the life of the operation I would be approximately 6.5 years. However, as the demand for the materials is variable, the life of the operation may be longer. Peak demand periods are likely to I be dry weather and in the summer months.

I 2.4 OPERATIONS

I 2.4.1 Plant and Equipment A Kawasaki KSS80 170hp front-end loader (or similar) will load directly into road- I registered trucks with and average size of 19 tonnes or into a power screen for sorting. Small stockpiles will be maintained by the same front-end loader which will I also load stockpiled material into road trucks. Distillate and lubricating oils will be stored in bunded tanks in accordance with EPA I guidelines. I

ERM MITCHELL MccOTTER I 58058/FINAL 1/4 MAY 1999 2.2 I I Minor plant maintenance will be carried out on-site with all waste oils and filters I collected for recycling or disposal off-site. I 2.4.2 Workforce and Operating Hours Two people will be employed on site and indirect employment will be provided for I haulage operators and service trades. Further indirect employment will be aided through the supply of material to the building and landscaping industries.

The operating hours will be 7.15an to 3.45pm on weekdays and 7.30 am to 11.00 am I on Saturday. No work will be carried out on Sundays or public holidays. I 2.5 MATERIALS HAULAGE I 2.5.1 Access

I Access will be via an internal track running from the termination of the Anambah Road as shown in Figure 2.2. I 2.5.2 Haul Route I Trucks leaving the site will travel on Anambah Road to the New England Highway (State Highway 9). The market for the product is expected to be located in the urban areas of Maitland and coastal regions, so that trucks will primarily travel south along I the New England Highway. The haul route is shown on Figure 1.1.

1 2.5.3 Truck Movements A maximum of 15 truck loads (30 truck movements) will leave the site each day on I weekdays and 5 (10 truck movements) on Saturdays carrying an average of 19 tonnes per load (285 tonnes per day total during the week).

I 2.6 WATER MANAGEMENT I The quarry catchment is small and the land surface is very porous, well grassed and has many small depressions caused by past extraction. As a result, surface runoff is I very low. Exposure of the pre-1955 land surface could increase the runoff coefficient

I

ERM M!TCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 2.3 I I I because the surface will be flatter, unvegetated (until rehabilitated) and may have a I higher clay content. To retain and settle dirty water an earthen bank will be built at the north-eastern I outflow point from the quarry. This bank will follow the alignment of the eastern flood channel and northern boundary as shown in Figure 2.3 and will retain any runoff water within the confines of the quarry and rehabilitated areas. The I abutment of the excavation area against the northern and southern buffers will ensure that runoff water does not flow out of the detention area. Dirty runoff water trapped in the detention area will soak through the alluvial sediments and is not I expected to remain for long enough to kill or injure plants in rehabilitation areas.

No pumping of runoff water from the detention area is proposed and quarrying will I be suspended when water levels rise.

The stage 1 detention area will be able to trap in excess of 10,000 cubic metres water I at 0.5 metres deep. The stage 2 detention area will be able to hold in excess of 25,000 cubic metres at the same depth. Both these volumes are well in excess of volumes recommended in the EPA's Storm Water Guidelines of 3,000 and 9,500 cubic metres I for respective stages. It is unlikely that more than a fraction of the storage capacity will be reached given the small catchment and assumed relatively high infiltration I rate. No groundwater has been intercepted in exploration pits but it is expected that groundwater levels on the site would be closely linked to water levels in the Hunter I River. The local standing water level will be some metres below the pre-155 land surface. Seepage of sediment laden water through the quarry floor and rehabilitation area will be similar to the seepage which occurs on cultivated I paddocks on most of the Hunter River alluvial flats and no detrimental impacts are predicted. To prevent addition of excessive nutrients to groundwater or Hunter I River, fertiliser will only be applied at sowing and as light topdressing when required to keep pastures vigorous and productive. No excavations will take place I within any groundwater bearing zone. I 2.7 REHABILITATION The objective of rehabilitation will be to establish a pasture cover which will protect the soil from erosion and provide fodder for beef cattle, and will be the basis of I improved production from the site, utiiising the better soils which are currently I buried. I

ERM MITCHELL MCCOTTER I 58058/ FINAL 1/4 MAY 1999 2.4 I I I Quarrying and rehabilitation on the site will be staged as follows: extraction; I Q reshaping of the floor; and seeding with pasture mixes depending on the season: kikuyu for summer I and clover and rye for winter. Rehabilitation will be completed within six months of the completion of extraction in I each area and will be maintained as required.

2.8 JUSTIFICATION AND ALTERNATIVES

2.8.1 Other sources

There are two other local sources of landscaping and construction coarse sand and I river gravel, Rosebrook Sand and Gravel at Lambs Valley and Warraba Quarry at Lochinvar. The only local gravel supplier is Rosebrook Sand and Gravel. As recently as 1997 Boral operated a sand and gravel quarry at Oakhampton, but this I has since closed. The continued growth in both residential and commercial building in the Hunter and Central Coast means that a continuous and reliable supply of I materials used in construction is necessary. 1 2.8.2 Alternative Materials For use in construction, sand must be well graded and free of clay, charcoal, or other deleterious minerals. The gravel used for pebblecrete must be durable and have I different colours and textures. Only river gravel can be used for pebblecrete. Suitable sources are relatively scarce and Hunter River gravels are favoured. There I is likely to be a strong demand for the products from the proposed quarry. I 2.8.3 Consequences of Not Proceeding Due to the variable and unpredictable nature of alluvial deposits, it is important to have a number of suppliers in an area. It is also important to have local suppliers of Li construction and landscaping materials in order to minimise transport costs, and service larger supply contracts when these occur.

[1 One of the prime purposes of removing the sand and gravel from the site is to expose the more fertile soils which he underneath and so improve agricultural I

ERM MITCHELL Mcc0TTER I 58058/FINAL 1/4 MAY 1999 2.5 I I I

production. If the proposed development does not proceed, then the proponent will I be unable to improve the agricultural output of the land.

The proposed development has the potential to provide employment for two full- I time positions on site, plus truck drivers. There would also be indirect employment for people selling the product and those involved in providing service equipment. If I the development does not proceed, this employment will not occur. I I I I I I I I I I I I I

ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 2.6 I [ I I Chapter 3 I ENVIRONMENTAL ASSESSMENT

3.1 SITE DESCRIPTION

The site lies within a bend of the Hunter River at the termination of Anambah Road, I eight kilometres from the New England Highway. The land is described as Lot 1, DP 569007, and Lot 1, DP 822118.

I The 1955 flood deposited sand, silt, and gravel over the productive barns and clays which formed the land surface at the time. The deposit covers 14 hectares and there is a 200 metre buffer between it and the Hunter River. The deposit varies in depth I from 4 to 5 metres in the north to 0.3 to 1 metre in the south. The land surface is extremely uneven due to previous quarrying.

I 3.2 CLIMATE Temperature, rainfall, humidity and wind data has been obtained from the Bureau of Meteorology's Williamtown weather station, the nearest official station to the site I providing long-term, continuous meteorological records. Temperature is based on 1951 to 1991 data, and rainfall is based on 1942 to 1991 data. I 3.2.1 Temperature and Relative Humidity

I Mean minimum and maximum daily temperatures are shown in Table 3.1. Mean temperatures range from a minimum of 4 degrees Celsius in July to a maximum of 29 degrees Celsius from December to February. The average annual maximum I temperature for Wilhiamtown is 24.2 degrees Celsius and the average annual minimum temperature is 10.2 degrees Celsius.

I Mean monthly relative humidity is also provided in Table 3.1, and ranges from 57.5 per cent to 70 per cent. I I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.1 I I Table 3.1 MEAN DAILY TEMPERATURE, RELATIVE HUMIDITY AND I RAINFALL

Mean Minimum Temperature (degrees Celsius) Jan I Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 17.9 18.0 16.3 13.3 10.0 7.9 6.2 6.8 8.9 12.0 14.2 16.4 I Mean Maximum Temperature (degrees Celsius) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I 27.7 27.2 26.2 23.6 20.1 17.5 16.8 19.3 20.9 23.3 25.3 27.2 Relative Humidity (per cent)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I 64.5 68.0 67.0 67.0 69.0 70.0 65.5 61.5 57.5 58.5 58.0 60.5

Source: Bureau of Meteorology

3.2.2 Rainfall

I Average monthly rainfall is shown in Table 3.2. The average annual rainfall for the area is 772 millimetres and the period of highest rainfall is from January to June. u Table 3.2 MEAN MONTHLY RAINFALL

Mean Monthly Rainfall (millimetres)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I 109 116 120 103 107 121 69 82 58 81 75 83 [1

3.2.3 Wind Speed and Direction

I Wind speed and direction data for representative seasons of the year is shown in Figure 3.1a to d. The wind roses show that the predominant wind direction is from the east and south-east in summer, with stronger winds during the afternoon. In I autumn and winter months, morning breezes are predominantly from the west and north-west, with south and south-east breezes increasing in the afternoons. In I winter, stronger winds generally blow from the west to north-west. Meteorological data came from a meteorological station nearer to the coast than the I proposed quarry and afternoon sea breezes would be less prevalent at the site. r ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.2 I

Windrose for January Windrose for February Windrose for March I 9AM 9AM 9AM I North North I I I I South South South I I Windrose for January Windrose for February Windrose for March I 3PM 3PM 3PM I North North North I I I I South South South

I [11 4.0+m/s 11 .3-14.Om/s I n 8.5-11 3m/s 5.7-8 .5 rn/s The segments of each arm represent the seven wind speed classes, 2.9-5.7m/s with increasing windspeed from the centre outwards.The length of 1 .5-2.9m/s each arm represents the proportion of the total wind that blew from O.3-1 .5m/s that direction. u Calm The radius of the circle in the middle represents the proportion of I calm conditions. I %a ERM N1fICHFI L NIKCYiIFR Figure 3.la WIND SPEED AND DIRECTION I I

Windrose for April Windrose for May Windrose for June I 9AM 9AM 9AM I North North North I I I I South South South I I

Windrose for April Windrose for May Windrose for June I 3PM 3PM 3PM I North North North I I I I South South South

I 14.O+m/s EM 11 .3-14.Om/s I 08.5-11.3m/s 5.7-8 .5 mIs The segments of each arm represent the seven wind speed classes, L2.9-5 .7 mIs with increasing windspeed from the centre outwards.The length of I iii 1.5 -2 .9mIs each arm represents the proportion of the total wind that blew from 0.3-1.5mIs that direction. iCalm The radius of the circle in the middle represents the proportion of calm conditions.

ERM MItCHELl MCoilt:rt Figure 3.lb WIND SPEED AND DIRECTiON I I Windrose for July Windrose for August Windrose for September I 9AM 9AM 9AM I North North North I I I I South South South I I Windrose for July Windrose for August Windrose for September I 3PM 3PM 3PM I North North North I I I I South South South

I L]14.0+m/s R 11 .3-14.Om/s I Li 8.5-11 3m/s U 5.7-8.5m!s The segments of each arm represent the seven wind speed classes, u2.9-5.7m/s with increasing windspeed from the centre outwards.The length of I iii 1.5 -2 .9m/s each arm represents the proportion of the total wind that blew from 0.3-1.5mIs that direction. LI Calm The radius of the circle in the middle represents the proportion of II calm conditions.

I IERM NIH CIIFI I Nt 101111< Figure 3.lc WIND SPEED AND DIRECTION I

I I Windrose for October Windrose for November Windrose for December 9AM 9AM 9AM I North North North I I I I South South South I I

Windrose for October Windrose for November Windrose for December I 3PM 3PM 3PM I North North North I I I I South South South

r14.O+m/s 11 11 .3-14.Om/s I m 5.7-8.5mIs The segments of each arm represent the seven wind speed classes, E 2.9-5.7mIs with increasing windspeed from the centre outwards.The length of I 1.5-2.9mIs each arm represents the proportion of the total wind that blew from O.3-1.5mIs thatdirection. The radius of the circle in the middle represents the proportion of Calm I calm conditions. I ERM Figure 3.1d WIND SPEED AND DIRECTION I I I 3.3 HYDROLOGY AND FLOODING

3.3.1 Hydrology I The Hunter River has a catchment area of approximately 22,000 square kilometres and extends 190 kilometres inland from the coast. The Hunter River has a number of major and minor tributaries along its length which drain the , Merriwa Plateau and Mount Royal Range. I The proposed quarry is on a large meander bend approximately 20 kilometres north of Maitland. The inside of the bend is relatively flat with few drainage lines. The outside of the meander bend is relatively steep, rising to the Rosebrook Ridge which I is drained by a number of small watercourses as shown in Figure 3.2. The site has no permanent watercourses due to the small catchment size and coarse I sandy surface which promotes infiltration of surface water. East of the site is a lagoon and creek system draining to the Hunter River. The I lagoon is a dominant water feature of the Gosforth area. It was formed as a result of sand deposited across the mouth of the creek during the 1955 flood, blocking the flow of the water. This drainage system is independent from that of the proposed I quarry area and totally separated by the high ground upon which the residence is situated. I 3.3.2 Flood history I Few flood mitigation works have been constructed in this area of the Hunter River floodplain. Works are confined to the Lower Hunter Flood Mitigation Scheme area, which commences fifteen kilometres downstream at Oakhampton. I The Hunter River has been subjected to large floods on many occasions. The earliest flood recorded at Maitland was in 1820 and more than 80 have been experienced I since that date (Sinclair Knight and Partners, 1981). The February 1955 flood is the highest recorded flood in the catchment and reached a height of 14.57 metres at Singleton and 12.31 metres at Maitland (Sinclair Knight and Partners, 1981). I Gosforth is upstream of Maitland and is likely to have had a slightly higher flood levels than Maitland. The February 1955 flood level for Gosforth is shown on Figure I 3.2. Flooding history in has shown a pattern of consecutive years with a high flood frequency followed by several years which are flood free (Sinclair Knight and I Partners, 1981). Table 3.3 gives an indication of the flood frequency in Maitland during the 1970's. The Belmore Bridge is in Maitland and is 20 kilometres

ERM MITCHELL McCOTTER 58058/lINAL 1/4 MAY i 3.3 I ------

43

.38 u o)

I PROPOSED QUARRY ---- - / r4/!if •4J + I - PROPERTY BOUNDARY

41 CH\JNEL 1 - A L\STREAM SAND / ( -. DEPOSffS :J ! I L17J ( \ - WATERCOURSES \17 ' 1) 1955FLOODLEVEL SOURCE: I:5,000 TOPO SERIES, GRETA AND MAITLAND 5HEET5 (5ource: PWD/VObb &Ass.)

ERM it ü 500m Figure 3.2 GEOMORPHOLOGY AND HYDROLOGY fr. I I downstream of Gosforth. The data show that ten floods occurred between 1971 and 111 1978. Table 3.3 FLOOD FREQUENCY AT BELMORE BRIDGE

I Date of Flood Return Period (Years) I January 1971 4.4 February 1971 20.0 January 1972 7.0 I January 1974 6.0 June 1974 7.0 I January 1976 13.0 March 1976 4.5 I March 1977 19.0 May 1977 . 3.7 March 1978 10.0

I Source: Sinclair Knight and Partners, 1981. I 3.3.3 Flood Heights Table 3.4 gives the recorded peak heights in metres AHD for five floods at Oakhampton Spillway and Cum.mins Dam which are approximately 16.5 kiometres I and 15 kilometres downstream of the site respectively. Flood heights would be higher at Gosforth. Only the 1971 and 1977 floods were overbank events which F overtopped the Oakhampton and Boiwarra spiliways. I Table 3.4 RECORDED FLOOD PEAKS Year Location Inbanlç/Overbank Recorded Peak (m AHD)

1971 U/S Cummins Dam overbank 12.96 I 1971 Oakhampton Spillway D/S overbank 11.50 1972 Oakhampton Spillway D/S inbank 9.58 I 1977 U/S Cumniins Dam overbank 12.10 1977 Oakhampton Spillway D/S overbank 11.75 I 1978 Oakhampton Spillway 0/S inbank 10.35 1985 Oakhampton Spillway D/S inbank 9.00 I Source: Public Works Department, 1990. Note: D/S - downstream; U/S - upstream I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY1999 I 3.4 I I LI 3.3.4 Impacts The overall hydrological characteristics of the Hunter River will remain unaltered by the quarry. The operation will be a minimum of 200 metres from the Hunter River Li] and there are no permanent watercourses on the site which will dram to the river. The drainage line on the property will not be impacted by the proposal. I The operation will have negligible impacts on flood heights and velocities, with the present course of the river to remain unaffected by the extraction operation. The present geometry of the floodplain will be marginally altered, however, it will I become similar to its pre-1955 geometry.

I 3.4 GEOMORPHOLOGY

I 3.4.1 Setting

The proposed quarry is on a point bar formed when sediment was transported I downstream during the 1955 flood and deposited on the inside bend of the Hunter River where water velocity decreased. Due to the flatness of the area, it acts as a storage area and floodway for flood waters that overtop the right bank of the Hunter I River.

On the eastern boundary of the property there is a drainage line which appears to I have been a channel formed during the February 1955 flood. The high velocities of the flood waters would have scoured through the point bar, finding the quickest I possible route along the swollen river. A similar flood channel is evident 11 kilometres downstream at Oakhampton and was formed during the February 1955 I flood. 3.4.2 Channel and Floodplain Changes

I Considerable changes to the channel and floodplain of the Hunter River have occurred since European settlement over 150 years ago. The previously narrow, I deep, meandering, stable, tree-lined channel has gradually been transformed into a wider, shallower, straighter, unstable, treeless channel. In spots the banks are now I restrained by rock walls on its outside bends (Holmes and Loughran, 1983). Holmes and Loughran (1983) quoted the following from a report on the 1955 flood I prepared by the Hunter Valley Trust: I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.5 I I "River bank erosion had become a serious problem in the Hunter Valley prior to the 1955 I flood. From 1946 to 1955 it was estimated that, over a length of 82 kilometres of the Hunter River from down stream to Aicheringa, 248 hectares of rich alluvial land were lost representing 23 million cubic metres of soil."

I i. Impacts of Flooding Floods have the ability to quickly and greatly modify the floodplain. Aerial photograph interpretation by Holmes and Loughran (1983) has shown that the I Hunter River channel in the Maitland area changed significantly between 1948 and 1955. An aerial photo from 1948 shows a section of river at Oakhampton in which the floodplain landscape consisted of cultivated fields on the rich alluvial flats I adjacent to the channel, which is narrow and meandering. An aerial photo taken at the same location immediately following the February 1955 I flood highlights the changes which have occurred to the river channel and floodplain during the seven intervening years. The fertile alluvial flats had been covered by sand or scoured by floodwaters. The channel itself was wider and I straighter. The river channel and floodplain in the upper reaches of the Hunter River are highly I susceptible to erosion, which contributes to the vast quantities of infertile sand and debris deposited on the floodplain in the lower reaches (Sinclair Knight and Partners, 1981). During the 1955 flood several major alluvial flats along the Hunter I River were almost completely obliterated. The neat, cultivated fields were replaced by a hummocky wasteland of sand and gravel (Holmes and Loughran, 1983).'

I Flood deposition is clearly evident on the study site where an exposure shows a previous soil horizon overlain by unconsolidated sand and gravel.

I As floodwaters spread away from the main river channel, slackening currents deposited their heavier load of gravels and coarse sands on the river bend at Gosforth. Heavier gravels and coarse sands have been deposited on the lead into the I bend and finer sands have been deposited further around the bend where Riverbend I Sand and Soil Quarry is located. ii. Impacts of the Proposal

I The proposed quarry will have no impact on the Hunter River as it does not involve extracting material from the channel or its banks. There will be minimal impact on the cross-section of the floodplain. Quarrying would not affect flood flows or affect E further deposition. I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 3.6 I I 3.5 SOILS I Test excavations on the site have found up to five metres of unconsolidated coarse sand and gravel overlying buried soil. This previous ground surface would not be I disturbed by the proposed operation and would be returned to productive agricultural landuse following completion of extraction operations. I Soils consist of unconsolidated alluvial materials of the Hunter River, predoantly coarse sand and gravels. According to the Australian Soil Classification system (Isbell, 1996), the soil is a Fluvic Clastic Rudosol, which may be defined as:

A Rudosol is a soil with negligible pedologic organisation apart from a minimal development of an Al horizon. There is little or no texture or colour change with depth unless stratified, or buried soils are present. 77w soils are apedal or only weakly structured in the Al horizon. Clastic refers to soils in which the upper 0.5 metres the profile consists predominantly of unconsolidated mineral materials which are gravelly (>10%>2mm). Fluvic refers to soils in which the gravel consists of mostly rounded materials that have been transported by streams or by wave action ('Isbell, 1996).

Underneath these materials lies buried dark brown sandy barns and light to medium clays. These soils formed the ground surface before 1955.

3.6 FLORA AND FAUNA

3.6.1 Native Vegetation Conservation Management Act 1997

The Native Vegetation Conservation Act, 1997 repeals State Environmental Planning Policy 46 - Protection and Management of Native Vegetation (SEPP 46). The principle aim of the Act is to streamline approvals and to regulate the clearing of native vegetation in by making it subject to development consent. The legislation requires the assessment of proposals to clear native vegetation for the purpose of ensuring that native vegetation is protected and managed in the environmental, social and economic interests of the State.

The proposed quarry is exempt from the Native Vegetation Conservation Management Act, 1997 as it is classed as designated development under the Environmental Planning and Assessment Act, 1979.

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.7 I I I 3.6.2 Flora

I i. Methodology

A flora survey of the site was undertaken in February 1999. The primary objectives I of the survey were to:

describe vegetation communities according to the classification system of I Specht (1981);

compile a list of flora on the site, identifying any rare, threatened, regionally I or locally significant species; I assess the likely impacts of the proposed development on flora; and propose recommendations for minimising the impact of the proposed I development on flora. Vegetation analysis involved a general description of the plant communities using qualitative field observations. Plant communities were identified and classified I based on structural characteristics as per Specht (1981).

I U. Results

Table 3.5 lists flora species found on the site. As the survey design comprises I random sampling of vegetation along transects, it is possible that some species have been inadvertently omitted. Scientific names do not include authorities and follow Harden (1990, 1991, 1992 & 1993). Common names follow Harden. Introduced I species are indicated by an asterisk (*). I I I I I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.8 I I I I I Table 3.5 FLORA SPECIES FAMILY/Scientific Name Common Name Magnoliidae Dicotyledons I ADIANTACEAE

*Cheilanthes sieberi rock fern I AMARANTHACEAE pun gens khaki weed I ASTERACEAE * Cirsium vulgare scotch thistle *Cathamus lanatus saffron thistle * I Senecio madagascariensis coast groundsel *Hypochoel.js glabra flatweed I Leucochrysum albi cans hoary sunray BRASSICACEAE I Lepidium africanum common peppercress CATACEAE

*Optunia stricta common prickly pear I EUPHORBIACEAE

Phyllan thus hirtellus thyme spurge I FABACEAE *Acariafaesiana mimosa bush I *Senna barclayana pepperleaf senna FABOIDEAE

* Vicia sativa subsp. sativa common vetch I MALVACEAE Sida rhombtfolia common sida I OXALIDACEAE *Oxalis incarta I POACEAE Cynodon dactylon common couch * Bromus cartharticus prairie grass I *Op1isnus aemulus basketgrass *Sporobolus creber slenders rat's tail grass I POLEMONIACEAE *Plantago lanceolata lamb's tongue I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.9

I I

I Table 3.5 FLORA SPECIES (Contd)

FAMILY/Scientific Name Common Name I POLYGONACEAE Rumex acetosa sorrel I ZYGOPHYLLACEAE Verbena rigida purple top

Vegetation Communities I The study area consists of grassland used for grazing. Projective cover is 90 to 100 percent. Species present in the grassland typically include Common Couch (Cynodon dactylon), common sida (Sida rhombifolia), Basket grass (Oplismenus aemulus), lamb's I tongue (Plan tago lanceolata), purple top (Verbena rigida) and common vetch (Vicia sativa subsp. sativa).

I Mid to upper storey vegetation consists of a single shrub Acacia farnesiana in the centre of the study area. This species is regarded as a weed in north-western NSW and will be removed prior to quarrying.

Adjoining land is predominately grassland used for grazing. Tree species within the immediate vicinity, but outside the quarry site include river oak (Casuarina I cunninghamiana subsp. cunninghamiana) Rusty Fig (Ficus rubiginosa) and pepper tree (Schinus areira). I Impacts I As the site has previously been used as a quarry and is on the floodplain of the Hunter River within the 1 in 100 year flood level, the area has already undergone a high degree of disturbance. Considering the disturbed state of the site, the large I number of introduced species present, and the intention to use the land for more intensive agricultural purposes at the completion of quarrying, the impact of the proposed development on flora will not be significant. I

3.6.3 Fauna

Assessment of the impact of the proposed operation on fauna species is based on a descriptionof fauna habitat attributes. Species were recorded opportunistically during field investigations to describe the flora. I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.10 I I No survey was undertaken of the aquatic flora and fauna as quarrying will be at I least 200 metres from the Hunter River and no runoff will be directed towards it. I I. Habitats The Hunter River floodplain in the Gosforth area is used for horticultural and fodder crops and has minimal natural vegetation. The river banks have been extensively I cleared of native vegetation through riverbank stabilisation works, flooding and general clearing.

I The grassland characterising the area is dominated by exotic species providing minimal habitat value for native species. No rocks, logs, trees or burrows were observed on site. Potential habitat may have been provided by the Acacia farnesiana I shrub however no animal signs were observed. Fauna species which are commonly observed in modified habitats such as cultivated areas would be expected to I frequent the site for foraging and access. The extraction area does not provide shelter habitat for arboreal mammal and I terrestrial species and cattle currently graze the site. Mammal species expected to occur in the area are predominantly introduced predators and small mammals such P as house mouse (Mus musculus) and Rattus species. Birds observed in the area included Australian magpie (Gymnorhina tibicen), cattle egret (Ardea ibis), eastern rosella (Platycercus eximius), Richard's pipit (Anthus I novaeseelandiae) magpie-lark (Grallina cyanoleuca) noisy miner (Manorina rnelanocephala), wffly wagtail (Rhipidura leucophrys) and the black-faced cuckoo-shrike I (Coracina novaehollandiae). The only reptile species observed was an eastern brown snake (Psedonaja text-i/is). I Reptiles are not expected to be affected by the proposed development. No amphibians were observed on site and the two temporary drainage channels are not significant habitat due to insufficient vegetation and moisture, although they I may provide some temporary habitat after heavy rain. The Hunter River contains some natural riparian vegetation which is potential amphibian habitat. I Microchiropteran bats may use the site for foraging. These species tend to forage and move along waterway, vegetation and also in open spaces. The proposed site I alterations will not significantly deteriorate any bat foraging habitats. I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.11 I I

I ii. Threatened Faunci Species in the Gosforth Area One threatened species Bothriochloa biloba was identified within five kiometres of the I proposed site in the National Parks and Wildlife Service database records. This species was only recorded on 27 October 1904 and 15 March 1968 and was not observed on site. As it is not expected to be found on site it is not expected to be I significantly impacted upon by the proposed development. Threatened species known from the Gosforth area (NPWS database and ERM Resource Planning, 1995) I are listed in Table 3.6. Table 3.6 THREATENED FAUNA RECORDED IN REGION

I Common Name (Species Name) Likelihood of Occurrence On Site Black Bittern (Ixobrychus flavicollis) Low, known from littoral and wetland habitat I Australasian Bittern (Botaurus poiczloptilus) Low, known from Wetlands - reeds or sedges Magpie Goose (Anseranas semipalmata) Low, known from wetlands Black-necked Stork (Ephippiorhynchus asiaticus) Low, known from wetlands, estuaries and littoral I habitats Grey Falcon (Falco hypoleucos) Low, to moderate, known from savannah woodlands I i Comb-crested Jacana (Iredipar-ra gallinacea) Low, known from wetlands Bush Thick-knee (Burhinus grallarus) Low, known from woodland Wompoo Fruit-dove (Ptilinopus magnificus) Low, known from rainforest I Glossy Black Cockatoo (C'alyptorhynchus lathami) Low, known from forests & woodlands. Allocasuarina/ Casuarina seed source. Nests in tree hollow. I Swift Parrot (Lathamus discolor) Low, known from forests & woodlands. Turquoise Parrot (Neophema puichella) Low, known from Savannah woodland. Powerful Owl (Ninox strenua) Low, known from wet & dry forests. Nests in tree I hollows. Masked Owl (Tyto novaehollandiae) Low, known from forests & woodlands, wooded watercourses. Nests in tree hollows I Grass Owl (Tyto longimembris) Low, foraging habitat only, known from grasslands & wet heaths. Regent Honeyeater (Xanthomyza phrygia) Low, known from forested habitat. I Painted Honeyeater (Grantiella picta) Low, dry forests & woodlands. Spotted-tailed Quoll (Dasyurus maculatus) Low, known from forested habitats. Brush-tailed Phascogale (Phascogale tapoatafa) Low, known from dry forests. Dens in arboreal I hollows. Squirrel Glider (Petaurus norfolcensis) Low, known from dry forests & woodlands. Dens I in arboreal hollows. I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.12 I I I Table 3.6 THREATENED FAUNA RECORDED IN REGION (Contd) Common Name (Species Name) Likelihood of Occurrence On Site I Koala (Phascolarctos cinereus) Low, known from forested habitats. Yellow-bellied Sheathtail-bat (Saccolaimus Low, known from dry forests & woodlands. flaviventris) I Great Pipistrelle (Falsistrellus tasmaniensis) Low, known from moist forests. Roosts m trees. Eastern Little Mastiff-bat (Mormopterus norfolkensis) Low, foraging habitat only, known from dry forests & woodlands. Roosts in trees. I Little Bent-wing Bat (Miniopterus australis) Low, foraging habitat only, known from forested habitats. Cave roosting. Large Bent-wing Bat (M. schreibersii) Low, foraging habitat only, known from forested I habitats. Cave roosting. Large-footed Myotis (Myotis adversus) Low, known from rainforest. Cave roosting. Greater Broad-nosed Bat (Scoteanax rueppellii) Low, known from forests & woodlands. Roosts in I trees. Green and Golden Bell Frog (Litoria aurea) Low, known from emergent vegetation in permanent waterbodies (ponds, farm dams, I swamps).

I As indicated in Table 3.6, these species are associated with wetlands or forests and suitable roosting and nesting habitat is not available on the site. They are therefore I not expected to occur in the extraction area. 3.6.4 Eight Part Test

I The impact of the proposed quarry on the environment of threatened species was assessed in accordance with the eight part test of significance in section 5A of the I Environmental Planning and Assessment Act, 1979, as amended by the Threatened Species Conservation Act, 1995. I i) In the case of threatened species, whether the life cycle of the species is likely to be disrupted such that a viable local population of the species is likely to be placed at risk of extinction. I As the proposed site provides minimal habitat suitable for roosting and nesting of threatened species known to occur in the region (see Table 3.6) the development is not I expected to disrupt their life cycles such that a viable population will be placed at risk of extinction. I The proposed site may also provide minimal foraging resources for threatened species. The existing foraging resources are expected to be disrupted during the I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.13 I I extraction phase of the development and altered when the site is rehabilitated for I agriculture.

i) In the case of an endangered population, whether the life cycle of the species that I constitutes the endangered population is likely to be disrupted such that the population is likely to be significantly compromised. No endangered populations have been listed on Schedule I of the Threatened I Species Conservation Act, 1995 at the time of writing this report.

I In relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to I be modified or removed. No threatened populations or ecological communities have been listed on Schedule 1 of the Threatened Species Conservation Act, 1995 at the time of writing this report.

I Grassland is well represented throughout the lower and the development proposed will not remove a significant amount of this habitat in the I local area or region.

Whether an area of known habitat is likely to become isolated from currently I interconnecting or proximate areas of habitat for a threatened species, population or ecological community. I Land around the proposed site is used for grazing or quarrying. This neighbouring land is not known to support habitat for any threatened species, populations or ecological communities and hence the proposed development is not likely to isolate I any such habitat.

I Whether critical habitat will be affected. No register of critical habitat is maintained by the Director-General of the National I Parks and Wildlife Service.

Whether a threatened species, population or ecological community, or their habitats, I are adequately represented in conservation reserves (or other similar protected areas) in the region. I No threatened populations or ecological communities have been listed on Schedule 1 of the Threatened Species Conservation Act, 1995, thus they are not included in the I following assessment. I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY1999 3.14

I I

The threatened species listed in Table 3.6 occur in forested or wetland habitats and I are only expected to utilise this habitat on minimal occasions. The proposed site is most similar to grassland habitats that are adequately conserved in Island Nature Reserves south of the study area and in the Lower Hunter Region in I Glenrock State Recreation Area, , Wollemi National Park, the National Parks and the State Forests of the Morriset and Cessnock I Districts. On a broader regional scale, the Lower Hunter is at the border of two biogeographic regions of the North Coast and the Sydney Basin. The North Coast region extends I from the Hunter River to the Queensland border and about five to ten per cent is reserved (Thackway and Cresswell, 1995). The Sydney Basin biogeographic region extends from the Hunter River to south of Sydney and similarly five to ten per cent I is reserved (Thackway and Cresswell, 1995).

I vii) Vvhether the development or activihj proposed is of a class of development or activity that is recognised as a threatening process.

At present, predation by the fox and mosquito fish (Gambusia holbrooki) are the only I threatening processes listed in Schedule 3 of the Threatened Species Conservation Act 1995. The development will not enhance these processes and if foxes are observed to increase on the site as a result of the development a fox control strategy U will be actively pursued in conjunction with the National Parks and Wildlife Service.

I viii) Mtether any threatened species or ecological community is at the limit of its known distribution. At present, no threatened ecological communities have been listed on Schedule 1 of I the Threatened Species Conservation Act, 1995. Of the threatened species listed in Table 3.6 Koala (Phascolarcfos cinereus) would be the only species recorded at the limit of its range if it was to occur within the surrounding areas of the proposed site. The I Swift Parrot (Lathamus discolor), Regent Honeyeater (Xanthomyza phrygia) and Painted Honeyeater (Grantiella picta), are migratory species that rely on habitat of I this region to enable them to reach the limits of their range. I I I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.15 I I

I 3.7 SEPP 44 ASSESSMENT 1 3.7.1 Statutory Requirements State Environmental Planning Policy No. 44 - Koala Habitat Protection (SEPP 44) aims to: I encourage the proper conservation and management of areas of natural vegetation that provide habitat for Koalas, to ensure permanent free-living populations over I their present range and to reverse the current trend of population decline.

The Director General of the Department of Urban Affairs and Planning has issued [1 guidelines regarding the operation of SEPP 44. The practical effect of SEPP 44 and the guidelines is that councils must, when determining a development application (DA), ensure that consent is not issued without investigation of potential and core I koala habitat. If core koala habitat is identified a plan of management must accompany the DA before the council can consider granting development consent.

I Assessment of potential koala habitat is based on determination of the percentage cover of koala feed trees as listed in Schedule 2 of SEPP 44.

I No Schedule 2 species were identified on the site. Potential koala habitat as defined by clause 7 and Schedule 2 of SEPP 44 does not occur in the study area. In accordance with SEPP 44, further assessment of core koala habitat characteristics is I not required. I A 3.8 LAND USE

[1 The property on which the sand and gravel extraction is proposed is currently used for cattle grazing. In the past, going back to before 1850, the site had a cover of cedar trees which were logged. After these were removed, a vineyard was developed and I some dairy farming operated on the site until it was covered by the 1955 flood deposit. After this event, the site was used for beef cattle grazing and/or sand and gravel extraction. The predominant landuse in the area surrounding the site is I agriculture, mainly beef cattle production. The property immediately to the north is a sand and soil quarry, supplying the landscaping industry. An orange orchard has been planted across the Hunter River, and lucerne is grown on the river flats. Three I additional quarries are accessed off the Anambah Road supplying soil, sand, rhyolite and ridge gravel. I I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 3.16 I I 1 3.9 NOISE 3.9.1 Statistical Descriptors I Environmental noise levels vary with time, therefore statistical descriptors are required to adequately characterise the noise environment. The L10 noise level is the I level exceeded for 10 per cent of the time, and is approximately equivalent to the average of maximum noise levels. The L90 level is the level exceeded for 90 per cent of the time, and is approximately the average of minimum noise levels. The L level I is often referred to as the 'background' noise level. The Leq level represents the average noise energy during a measurement period.

3.9.2 Methodology I The following methods were used to quantify noise levels at and specify noise controls for the closest residences to the proposed quarry operation: I 0 continuous noise logging; 0 measurement of quarry vehicle passbys and calculation of traffic noise levels; I and modelling of noise emissions from on site plant items.

i• Continuous Noise Monitoring

I Noise levels were measured at the Cheney residence between 18 and 24 February 1999 using a noise data logger as shown in Figure 3.3.

I The following equipment was used to measure and record environmental noise levels:

I ARL EL215 noise data logger; and

D Bruel and Kjaer Type 4230 sound level calibrator. I

ii. Vehicle Passbys I Vehicle passbys from existing quarry operations in the Gosforth area were measured to enable calculation of transport noise levels from the proposed quarry. Single I event level (SEL) noise measurements were taken which allow calculation of noise levels for comparison to EPA criteria.

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.17 ------T'f \•T

1 NI 1 / L . I

/ I

SFO %

PROPERTY BOUNDY J PROPOSED QUAY RESENCES RECEPTOR LOCADONS

/ NOISE 1 17 0 SOURCEI 1125,000 TOPO SERIES, GRETA AND MAITLAND SHEETS LOCATION

MITCHELL 5Lm \ECOflER Figure 3.3 NOISE MONITORING AND RECEPTOR LOCATIONS L] I I The following equipment was used to measure transport noise: SVANTEK 912 sound level meter; and I Q Bruel and Kjaer Type 4230 Sound Level Calibrator. I iii. Modelling Acoustic modelling has been conducted using the sound power level (SWL) of I quarry plant items to predict received noise levels at nearby residences. Noise levels from the proposed quarry were calculated using the NSW EPA approved Environmental Noise Model (ENM). This model takes account of noise I at±enuation due to distance, atmospheric absorption, barriers and the 'ground effect'.

Output from the model not only provides the total received noise level but also a I ranking of noise sources and received level from each. This allows those plant items providing the highest noise levels at the receptor to be targeted for control if I required. Plant sound power levels were determined generally in accordance with AS 1217 1 part 7 'Acoustics - Determination of sound power levels of noise sources - Survey method'. 1 3.9.3 Noise Criteria Noise emissions from the proposed development are compared to criteria determined using the Environment Protection Authority's Environmental Noise I Control Manual (ENCM) (EPA, 1994). Criteria described in the Environment Protection Authority's recently-released Draft Stationary Noise Source Policy (EPA, I 1998) are also considered. The EPA lists objectives for environmental noise the ENCM, these are:

I noise from any single source should not intrude greatly above the prevailing background noise level, generally by more than 5 dB; and

I background noise should not exceed an appropriate level for the particular locality and land-use. Similarly, the Draft Policy discusses maintaining noise I level amenity in the long term. I I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.18 [1 I The "intrusiveness criterion" is designed to achieve the first objective, and is I expressed as I LA10,15mjxiute !!~ *L90 + 5 where LA10,15ute is the L13 noise level from the source, measured over a 15-minute [1 period and *L% is the minimum repeatable background level. To satisfy the second EPA objective, background noise levels should be kept within the "maximum acceptable" noise levels suggested in the EPA's Environmental Noise k Control Manual. For rural residences these are a maximum background noise level of 45 dB(A) for daytime. Adjustments are applicable to derive recommended I planning noise levels as per Chapter 20 of the ENCM. Similarly, the Draft Policy (EPA, 1998) states that total Leq noise levels from stationary sources should be kept within the "amenity criteria". For rural residences I these are Leq levels of 50, 45 and 40 dB(A) for day, evening and night periods respectively. Li Transport Li The haul route will be Anambah Road to the New England Highway. Criteria in the EPA's Draft Environmental Criteria for Road Traffic Noise document are used for assessment of quarry traffic on Anambah Road. For new land use developments I with potential to create additional traffic on local roads the criteria are an L (1) of 55 dB(A) for day and L (1) of 50 dB(A) for night, where day is 7:00 am to 10:00 pm and night the remainder. Operations will take place exclusively during daytime I hours so the applicable criterion is an L (1) of 55 dB(A).

I 3.9.4 Existing Noise Levels and Intrusiveness Criteria

Existing noise levels were measured using an ARL EL-215 noise logger between 18 E February 1999 and 24 February 1999 at the location indicated on Figure 3.3. Noise levels were measured over 15 minute intervals with statistical parameters calculated I including L, L1, L10, L 3, L, Lmax and L. Minimum repeatable background noise levels were calculated from the logged data and used in deriving 'intrusiveness criteria'. Graphs of measured noise levels are I provided in Appendix C. I I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.19 F I For the proposed hours of operation of 7:00 am to 4:00 pm the minimum repeatable background level is 33.5 dB(A). This results in an intrusiveness L10 criterion of 38.5 I dB(A) I Background noise is more than 6 dB(A) below the limit recommended in the ENCM of 45 dB(A). The Lo criterion therefore is 5 dB(A) above background level or 38.5 I dB(A). The intrusiveness criteria will be the determining factor for the proposed quarry. The L10 criteria of 38.5 dB(A) is more stringent that the 38.5 dB(A) background (L) U criteria as L10 noise levels are by definition higher than L90 noise levels.

I 3.9.5 Predicted Noise Emissions

I i. On-site operations Noise from the quarry was calculated using the NSW EPA approved Environmental Noise Model (ENM). Operations were modelled with a front end loader and power I screen operating simultaneously at maximum power. I Noise modelling has been conducted by: determining the sound power level (SWL) of the plant;

I entering site topography data into the model; and

modelling the received noise level at the nearest receptors.

The four closest residences in each direction were chosen for noise modelling and I are shown on Figure 3.3. These were: Residence A: Cheney;

I Residence B: Ditton; I 0 Residence C: Lewer; and Residence D: Barden.

I During separate modelling for each residence the loader was in the extraction area nearest that residence and the power screen was located at the centre of the site. This provides a conservative estimate of noise at each house. A power screen and I loader of similar size, power and capacity to proposed plant were measured at an

ERM MITCHELL MccOTTER 58058/FINAL 1/4 MAY 19W 3.20 I I I existing quarry. Octave band sound power levels used for modelling are shown in I Table 3.7. I Table 3.7 PLANT OCTAVE BAND SOUND POWER LEVELS Plant Item 63 125 250 500 1000 2000 4000 8000 Total dB(AJ Loader dB(Lin) 91.8 I 89.9 91.4 96.7 100 98.2 91 80.9 104 I PowerScreen dB(Lin) 81.8 92.9 87.4 93.7 97 99.2 95 88.9 103 Notes: 7. Loader = Kawasaki 80Z11.

Power Screen = custom 6' by 4' deck, diesel powered sand and gravel screen. I Linear Spectrum with A-weighted Total The sound power level (SWL) spectrums shown in Table 3.7 were combined with topographic cross sections modelled under stable isothermal meteorological I conditions. Results of noise modelling are shown in Table 3.8. I Table 3.8 L10 QUARRY NOISE LEVELS Residence Number Received 1,10 noise level, dB(A) I A 30.1 B 35.5 C 33.6 I D 29.4 I As shown in Table 3.8 calculated noise are below the 38.5 dB(A) at all residences I ii. Quarry Traffic Single Event Level's (SEL) of trucks from a nearby quarry were measured and results have been used to calculate L(1hr) noise levels for comparison with the EPA I criterion using the following equation: I Leq(lhr) = SEL + 10 log(n) - 35.6 where: SEL = single event level dB(A) I n = number of vehicle movements per hour L levels of quarry trucks were calculated for the Cheney residence which is the house nearest the quarry and is close to Anambah Road. A correction for the I difference between the measurement location and residence facade was applied to I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.21 I I I the calculated noise levels. Truck SEL at 20 metres was 79.8 dB(A) resulting in an I Leq(ihr) of 54.1 dB(A) for 10 truck movements. I 3.9.6 Conclusions Noise from the quarry and trucks was modelled for the nearest residences. The I following conclusions have been drawn; calculated L10 noise levels from quarrying will comply with EPA noise I criteria specified in the ENCM; and 10 truck movements (or 5 loads) per hour will comply with the 55 dB(A) I Leq(1}.Lr) criterion.

I 3.10 VISUAL ASPECTS

I 3.10.1 Scenic Quality

Visual and scenic quality has been assessed in accordance with the Rural Land I Evaluation Manual (Department of Environment and Planning, 1981). Relative scenic and landscape quality is assessed based on the following assumptions: I relief and topography ruggedness increases (landform); I El vegetation patterns become more diverse (landcover); natural and agricultural landscapes increase and 'unnatural' landscapes I decrease (landcover); and/or presence of waterforms, water edge and water area increases (waterform). I From Figure 3.4, it can be seen that the site is on a low-lying bend of the Hunter River floodplain. The landuse on the floodplain and surrounding undulating areas consists primarily of agricultural activities, with the exception of the sand and soil I extraction adjacent to the study site. The study area is a relatively enclosed valley overlooked to the north by the I Rosebrook Ridge and Mount Hudson which has relief of up to 300 metres and features escarpments and mountainous topography. Meandering through the area between Gosforth and Rosebrook Ridge is the Hunter River which provides a water I feature and water edge effects such as river bank vegetation.

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.22 ------

SOURCEI 112.5,000 TOPO SERIES, GRETA AND MAITLAND SHEETS

MITCHELL NLCGITER Figure 3.4 VISUAL ASPECTS I I In accordance with the Rural Land Evaluation Manual (Department of Environment I and Planning, 1981), visual prominence is also important in assessing the visual and scenic quality of an area. Visual prominence considers the following landscape features: I elevated ridgelines, upper slopes and associated steep slopes, which form a visual boundary to major travel routes, human use areas and waterbodies; I cl visually significant stands of vegetation; and

visually dominant elements such as mobile sand dunes, geological formations, etc.

The visual catchment consists of Rosebrook Ridge and Mount Hudson to the north- east and north-west of the site respectively. The Rosebrook Ridgeline and Mount Hudson are significant viewpoints in the area at up to 300 metres AHD. Smaller I ridgelines run south to the river and a number of houses are in this area. To the west of the site are low hills close to the river forming the edge of the visual I catchment. Also to the west and north-west is the bank of the river which is higher than the study area.

Looking south-west from the site there is a viewing corridor for some distance along the floodplain. Views to the south of the site are limited by a low ridge on which Boral's rhyolite quarry is visible. I Views east of the extraction area are limited by higher ground at the property boundary which forms the edge of the floodplain. I There are no visually dominant stands of vegetation on the site, however, there are to the north on the steeper sections of the Rosebrook Ridge and Mount Hudson I which provide visual variety. The area is assessed as having a medium to high scenic quality due to the contrast I and diversity between ridgelines and floodplain. The area is not considered to have a high scenic quality due to the visually prominent locations of the Riverbend Sand and Soil Quarry and Boral's rhyolite quarry. I Activities on the site which may impact on the visual amenity include the removal of vegetation cover, the exposure and stockpiling of gravel and sand, movement and I storage of machinery and equipment. However, given that extraction is likely to be demand based and operating when required, these impacts will be intermittent. 1 I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.23 I I I 3.10.2 Impacts Residences which have been assessed as having potential views of the site are detailed on Figure 3.4 and the impact of the development on each are described as I follows. Residence 1 is north of the site, adjacent to the southern bank of the river and would not have a view of the quarry as views are obscured by topography and vegetation.

Residence 2 is owned by C. Ditton and is approximately 250 metres north of the site I and will have direct views of the quarry. The owner of this house also operates the adjacent Riverbend Quarry on the southern bank of the river.

Residence 3 is owned by the Cheneys and is on the eastern side of a slight rise. The house has a northerly aspect and is screened on the western side by a line of trees and shrubs. Views of the proposed extraction site will be minimal, however, visual I quality for these residents may be reduced due to the increased number of haul trucks and traffic passing by the house. I Residence 4 is to the south-east of the site and views are limited by distance and the local topography.

Residence 5 is to the south and will have limited views of the south-west corner of the quarry, the remainder being obscured by local topography. I Residence 6 ("Glenmore Park") and Residence 7 are to the north-east of the site and will have limited views of the northern part of the quarry. Views will be modified I by distance, vegetation and topography. Residence 8, ("Hunter River Retreat"), has five guesthouses in a small valley running up to Rosebrook Ridge. These guesthouses may have views of the site which would I be modified by distance and vegetation. Residences 9 ("Bonnie Doon"), 10 and 11 are on Maitland Vale Road and are raised I above the road to inaximise views of the river. All three homes will have views of the quarry, however, these views would be modified by vegetation and distance. I Residence 12 is a group of three houses. The house closest to the river would have views of the site, however, these views would be modified by vegetation near the house and along the riverbank. Views from the two other homes would be obscured I by topography, vegetation and other buildings.

Residence 13 is below the ridgeline overlooking the Hunter River. This property I overlooks the site and would have views of the quarry, modified only by vegetation. I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 3.24 I I Two other residences (14 and 15) are in the Hilisborough area to the south-west of I the site. These residences are some distance (1.1 and 1.6 kiometres respectively) from the site. However, being slightly elevated they have views to the north-east along the Hunter River floodplain. Both these residences will have views of the site I which may be modified due to distance and topography. The quarry will be visible from the higher viewpoints around the site. However, it I will be viewed together with the existing Riverbend Sand and Soil operation adjacent to the site and the Boral rhyolite quarry on the hill which are both visually prominent features of the area. From viewing residences, the proposal is likely to be I viewed as a continuation of disturbance from Riverbend Sand and Soil Quarry south towards the rhyolite quarry.

I Measures which will be implemented on the site to minimise the visual impact to surrounding residences include planting of treelines to screen the operation from I neighbours. Tree planting will reduce the visual impact on residences.

I 3.11 AIR QUALITY No air quality data is known to exist for the area. Rural areas in the Hunter region I typically have average annual dust deposition rates of between one and two grams per square metre per month. I Some dust may be generated by other extractive operations in the surrounding area during dry and windy conditions and farming activities. I Research in both New South Wales and overseas has allowed the establishment of criteria to assess the impact of dust on health in residential areas. Ideally, short term and long term criteria would be used to cover the full range of adverse effects, but in I New South Wales criteria only exist for long term periods. The State Pollution Control Commission (1983) defined levels of dust at which I residential areas would experience nuisance impacts from dust deposition. This level has been found to be when average annual dust (insoluble solids) deposition levels exceed four grams per square metre per month. An unacceptable level of dust I is reached at ten grams per square metre per month. Dean et al (1990) redefined these levels so that a certain amount of extra dust can be tolerated on top of I background levels. These figures are presented below in Table 3.9. I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.25 1 I I Table 3.9 DUST CRITERIA Existing Dust Fallout Level Maximum Acceptable Increase over existing fallout levels I (g/m2/month) (gfm2/month) Residential Other I 2 2 2 3 1 2 I 4 0 1 Source: Dean et at (1990)

I The proposed quarry has the potential to produce dust from the following sources: extraction;

I screening; I transport; and vehicle movements and wind.

I Dust emissions from rehabilitation will be negligible. Extraction will involve a front end loader loading direct from the extraction face into either trucks or the screening plant. Floor conditions are often moist on the site and consequently only minor dust I generation is expected from extraction and loading operations.

The screening plant will separate coarse sands and gravels and no crushing will be I undertaken. Only minor volumes of dust are expected to be generated.

Vehicle movement around the face and screen and transport traffic are expected to I be a potentially significant source of dust and subsequently a water cart will wet down manoeuvring areas and the unsealed haul roads. Dust generation from haul I trucks travelling past the Cheney residence will be reduced by the sealing the road. The Environment Protection Authority (EPA) have confirmed that an approval under the Protection of the Environment Operations Act will be required. It is I expected that dust emissions targets and monitoring requirements will be detailed in this approval.

I In order to ameliorate potential impacts, areas where extraction is completed will be I rehabilitated as quickly as possible to minimise dust generation. I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.26 I I 3.12 PLANNING I 3.12.1 Introduction I The environmental assessment in this EIS addresses the statutory provisions required by relevant planning instruments. In determining the relevant provisions, consideration was given to Section 79C(1) of the Environmental Planning and I Assessment Act 1979, the Director General's requirements and Schedule 2 of the EP & A Regulation.

3.12.2 Maitland Local Environmental Plan, 1993 The local environmental planning instrument in place is the Maitland Local I Environmental Plan 1993 (LEP). Under the LEP the site at Gosforth is zoned 1(a) - Prime Rural Land. This zoning 'identifies land which is of prime agricultural value'. (Maitland City Council, 1993). Extractive industry is permitted on 1(a) Prime Rural I Land with development consent. I Objectives of the 1(a) Rural zoning are: 'a) to identifu the City's most valuable agricultural land and land and other rural land requiring development control to prevent alienation from agricultural use and land I degradation.

b) to discourage further subdivision and encourage consolidation of existing I agricultural landholdings. c) to permit appropriate agriculture-related land uses which will not adversely effect I agricultural productivity: d) to control development that could:

I (i) have an adverse impact on the rural character of the land in the zone; (ii) create unreasonable or uneconomic demands for the provision or I extension of public amenities and services; or

(iii) be submitted to physical limitations such as erosion hazard, bushflre I risk and flooding.'

The proposed development is not an agricultural activity however extractive I industries are commonly located in rural areas. Given the buffer areas desirable in the vicinity of extractive industries, these buffers are most readily provided by I agricultural activities. I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.27 I I In addition, quarry areas will only be temporarily removed from agricultural I production. Once extraction and rehabilitation is completed the land can be returned to increased agricultural production. The exposure of better quality soils to be used for pasture production will actually improve the agricultural production of I the land and therefore the proposed development is consistent with the above zone objectives.

3.12.3 Hunter Regional Environmental Plan, 1989 I The Hunter Regional Environmental Plan, 1989 (REP) is another environmental planning instrument which relates to the proposed development. The REP provides a framework for the Hunter Region's development dealing with social, economic, I settlement, access, natural resources and ecological issues. The REP recognises the importance of extractive materials for the community now I and in the future. The REP has three objectives in relation to planning strategies for mineral resources and extractive materials, namely:

'(a) to manage coal and other mineral resources and extractive materials of the region in I a co-ordinated manner so as to ensure that adverse impacts on the environment and the population likely to be affected are minimised;

I ensure that development proposals for land containing coal and other mineral resources and extractive materials are assessed in relation to the potential problems I of rendering those resources unavailable; and ensure that the transportation of coal and other mineral resources and extractive I materials has minimal adverse impact on the community.' The sand and gravel quarry will provide a valuable resource for the Lower Hunter. The operation therefore provides benefits for the community, and extraction, subject I to appropriate environmental controls, is consistent with the provisions of the REP. 1 3.12.4 Hunter Regional Environmental Plan, 1989 (Heritage) The only other regional planning instrument which is relevant to the Maitland LGA is the Regional Environmental Plan, 1989 (Heritage). The heritage plan specifies 800 I items which have heritage value worthy of community conservation and includes urban and rural dwellings, public and commercial buildings, archaeological I remains, bridges, coffieries and cemeteries which are classified as being of State, regional, or local significance. As there are no items of environmental heritage ' identified in the Hunter Regional Environmental Plan 1989 (Heritage) which are within the area this regional plan does not have any relevance to the EIS. I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.28

I L 3.13 INTEGRATED DEVELOPMENT I Recent amendments to the EP & A Act, 1979 have implications for development applications lodged after 1 July, 1998. Development applications which require at least one approval listed in Section 91 of the EP & A Act are now defined as I in tegra ted development.

I 3.13.1 Approval and Licence Requirements As this operation will require approval under Section 43(b) and 48,of the Protection I of the Environment Operations Act, (1997), (licence to carry out a scheduled activity) this proposal is integrated development. This Act comes into effect on the 1st July, 1999. As such the consent authority will need to send the application to the I Environment Protection Authority (EPA) for concurrent approval to allow the operation of the power screening equipment. Under this act, an environment protection licence is required for premises on which the following works or activities I are undertaken:

crushing, grinding, or separating works that process materials including sand I and gravel; and

Q extractive industries that obtain extractive materials by methods including I excavating or quarrying.

A 3A Permit is not required under the Rivers and Foreshores Improvement Act as I the extraction will not be undertaken within 40 metres of the high water mark.

The banks of the Hunter River are classified under the prescribed streams provisions I of the Soil Conservation Act and any damage to trees and shrubs would require a permit from the Department of Land and Water Conservation. No damage to or removal of trees or river bank vegetation within the 20 metre prescribed zone is I proposed, therefore a permit will not be required.

3.14 SOCIO-ECONOMIC CHARACTER The Maitland City Council area has been identified as a medium population growth I area in the Hunter Region (Department of Planning 1989). Based on Council data for 1986 to 1996, the population growth is approximately 1.5 percent per annum. I Table 3.10 shows the age distribution of the Maitland area, compared with the Hunter Region. The proportion of population in the 0-14 year age group is slightly above that of the Hunter Region, and the population in the 55+ age group is below I the Hunter Region. I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 I 3.29 I I I I Table 3.10 AGE DISTRIBUTION OF POPULATION Age Group % Proportion Maitland Area Hunter Region

I 0 to 14 years 24.8 21.8 15 to 55 years 57.2 54.8 55 to 65 years I 7.1 8.7 65 + years 10.5 13.9 I Source: 1996 ABS Census Unemployment in the Maitland area, at the time of the 1996 ABS census, was 10.3 I percent, compared with 11.3 per cent for the Hunter Region. Table 3.11 shows the proportion of the population employed in different industries, compared with the Hunter Region. A greater percentage of people in the Maitland area are employed in I manufacturing and trade than for the Hunter Region as a whole. I Table 3.11 POPULATION EMPLOYED BY INDUSTRY Industry type % Proportion I Maitland Area Hunter Region Agriculture 1.8 3.1

Mining 4.4 4.4

I Manufacturing 16.8 12.9

Public Utilities 1.07 1.6 I Construction 6.4 6.8 Trade 21.5 20.1 I Transport 4.6 4.07 Communications 1.4 1.2

Finance 2.5 2.8 I Public Administration 3.3 4.7 Community Services 16.02 17.3 I Recreation 6.9 5.08 Other 13.31 15.95 I Totals 100 100 Source: ABS (1996) I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY igq 3.30 I I I 3.14.1 I Socio-Economic Impacts The proposed development will have a minor beneficial impact on the socio- economic environment of the Maitland area through the maintenance of local R employment. It will provide material for construction and landscaping throughout the lower Hunter area and Central Coast.

I Two people involved in the extraction and screening processes and three truck drivers would be employed on a full time basis.

I Employment generated by the extraction operation would be classified in the mining sector which employs 4.4 percent of the workforce in Maitland local government area and the Hunter region as a whole.

I 3.15 BUSHFIRE HAZARD ASSESSMENT Bushfire hazard has been assessed in accordance with Department of Planning Circular ClO Planning in Fire Prone Areas (1984). Using this method, an indication of I long term fire hazard is given but the variability of fuel due to management, time since last fire and climatic influences are not considered. Therefore, the hazard I potential assumes there has been no hazard reduction or management, that vegetation carries a maximum fuel load and fire danger is extreme.

The proposed quarry is within the eastern fire zone as defined by Luke and McArthur (1978). In this fire zone, the main fire season starts in September or October and finishes in January or February. I Bushfire hazard increases when ground and air moisture contents are low, temperatures are high, and winds are strong or variable. The prevailing wind I direction and hence spread of fire is from the south-east. The spread of fire may be halted by the Hunter River. The grasslands on the site would burn quickly. Few trees exist on the site, so a fire would be able to be extinguished quickly and would U not have enough fuel to spread off site. Grassland has a moderate to high bushfire hazard. However, grasslands on the subject site are grazed low by beef cattle, lowering the bushfire hazard.

Ignition sources in the area include sparks from equipment operating in the quarry and deliberately lit fires. A water cart will generally be on site as part of the I quarrying operations and it and the front end loader will be able to assist in fire- fighting efforts in the event of a fire. The proximity of the site to the Hunter River means that if there was a fire on the site, the risk of it affecting adjacent areas would I be minimal. H ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.31 [ I I 3.16 ROAD AND TRAFFIC CONDITIONS 3.16.1 Proposed Haul Route

I The haul route will be from the extraction face, along Anambah Road to the New England Highway, and south from there to markets in the Lower Hunter region and I Central Coast. I 3.16.2 Existing Traffic Volumes and Road Conditions Traffic counts carried out by Maitland City Council in March, 1998, 500 metres north of the New England Highway on Anambah Road show that the average daily traffic I (ADT) volume is 388 vehicles. The morning peak hour occurs between 9 and 10 am, and the afternoon peak hour is between 3 and 4 pm. 84.6 per cent of the traffic consists of passenger cars (and with trailers) and 15.2 per cent consists of heavy I vehicles, such as buses, trucks, and multi-axle articulated vehicles.

Anambah Road is 8.5 kilometres long, from the New England Highway to its I terminus at the proponent's property boundary. The southern 7.5 kiometres of this is sealed, and provides for two-lane traffic. The remainder of the road is of gravel construction. Past the entry to the Ditton's property, Anambah Road is single-lane I gravel.

The major users of the Anambah Road are residents, the school bus, and heavy I vehicles servicing the three quarries currently operating along the road.

I 3.16.3 Impacts

The proposed development will generate up to 30 truck movements on weekdays I and 10 truck movements on Saturdays at its peak. Movements are likely to be seasonal, as demand for the product varies throughout the year. When demand is I not high, there will be less truck movements, or the operation may not run at all. The section of Anambah Road closest to the proponent's property will be most affected by the development. The access track onto Anambah Road will be sealed I and improved in terms of grade and width, and the sweep of the bend will be modified. The section of road along the northern boundary of the Cheney property I will be widened and the portion in front of the dwellings curtilage will be sealed to control dust. All these improvements will be carried out according to Maitland City I Council standards for road construction. I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 19W 3.32 I I The intersection of Anambah Road and the New England Highway was designed to I accommodate traffic using both the previous Maitland City Council landfill site, and the Drive-in-Theatre, both of which were located close to the highway. These two facilities are no longer operating and so the intersection will be able to accommodate I an increase in heavy vehicle traffic without upgrading.

I 3.17 SERVICES AND UTILITIES

A portable office and toilet will be provided on site. No additional utilities will be required.

I 3.18 ABORIGINAL AND EUROPEAN ARCHAEOLOGY

I 3.18.1 Consultation

I Consultation was initially conducted with Mr Rick Griffiths of Mindaribba Local Aboriginal Land Council (MLALC) and a site inspection was conducted with a Gordon Griffiths, a Council field officer. A draft report has been forwarded to the U MLALC for discussion and comment.

3.18.2 Regional Archaeological Context

The small tool tradition, or backed artef acts are used to date most surface sites in the I Hunter Valley between 4,000 to 1,000 years BP. It is surmised that artefacts will appear in only the A horizon of soil and those few that appear in the B horizon are the result of downward travel (Brayshaw, 1986). Artefacts have been most often I found in the A horizon and this has been the basis of hypothesis that Aboriginal occupation of the Hunter Valley post dates 5,000 years before present (BP). Excavations of deposit within rockshelters in the Goulburn River National Park I during the Kerrabee Dam project found dates as old as 4,740 years (Haglund, 1981).

Such a recent date for the first occupation of the Hunter region has been challenged I by further work. Glenmes Creek has provided evidence of Aboriginal occupation prior to 13,000 years BP, 90 centimetres below the surface in B horizon clays (Koettig, 1986). An occupation date of 17,376 years BP was obtained from a dune I environment at Moffats Swamp near Nelson Bay (Baker, 1994).

Within the Lower Hunter Valley artefact style and the presence of backed blades has dated the majority of sites to the last 5,000 years. The uncertainty of dating has

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 3.33 I I encouraged archaeologists to review other factors such as sampling strategies and I the role of geomorphology. The value of the excavation of open sites has become increasingly recognised and in the future it is envisaged that studies will result in a I wider variety of dates in the Lower Hunter. 3.18.3 LocalArchaeological Context

I In the vicinity of the study area several surveys and some excavations have been carried out. Excavations have been carried out in more elevated areas including Bolwarra Heights (Brayshaw, 1995; Baker, 1997) and Black Hill (Kuskie & I Kaniminga, 1998).

The abundance of backed blades at Black Hill, suggests the site was frequently I occupied over the last five thousand years (Kuskie & Kamininga, 1998). Artefacts have been revealed at a consistent low across elevated landforms. Artefacts also I appear at high density (over 20 per metre square), on elevated features such as low ridgelines adjacent to swamps. I Excavations at Bolwarra Heights were on low hills with slopes between five and twenty per cent at an elevation from 18 to 38 metres AHD. Soils were up to 65 centimetres thick (Baker, 1997). Excavations on the crest of the hill found artefacts at I densities in the order of 200 per square metre, and low densities on the slope. The greatest density of artefacts occurred ten to thirty centimetres deep. I The National Parks and Wildlife Service Aboriginal Site Register shows that 33 of the 49 sites located to date in a ten kilometre radius of the study area are open camp sites or isolated finds. The register also contains burials (Bolwarra mission), one scarred I tree, seven axe grinding grooves and a quarry. The burials were related to mission sites therefore do not necessarily indicate prehistoric behaviour, although any areas of sandy loam may contain them. Axe grinding grooves have also been found I adjacent to the Hunter River at Bolwarra. I The most likely sites types to be found in the study area are: ZI open camp sites and isolated finds; and I burials.

The study area has been cleared of trees so no scarred trees could be expected to be I found. Vegetation of the area has changed dramatically in the last 200 years. Historic research by Brayshaw (in Raine and Gardiner, 1995) found that the banks of the Hunter were often enclosed in 'vine brushes...... 2-3 miles deep in places' and 'to form a road from the Government township site (East Maitland) towards the

ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 3.34 I I it would be necessary to cut through the brush for 2 or 3 miles from the Hunter River I crossing'. This research indicates that utilisatlon of the river banks as campsites was restricted to particular areas. The impact on archaeological sites along the Hunter River is that they may be found in distinct concentrations with less background I scatter than in other areas. The Hunter River was an important canoe route (Baker, 1997). If people were using I the river for travel an area such as the quarry site may have been used to supply food and materials.

I The site would have contained a variety of resources sought by Aboriginal people. These include permanent water, extensive flats which would have attracted game and supported fish, shellfish, and reeds and other water plants. Approximately 1.2 I kilometres south there is a rhyolite quarry. Had this material been naturally outcropping at the time of Aboriginal occupation it would have been a highly valued resource for tool manufacture. The ridge and spur on which this quarry is located I would have been the most attractive camping location in the Gosforth area.

Low spurs and ridges have been shown in numerous studies around wetlands to I contain evidence of concentrated activity (Silcox and Ruig, 1995; Kuskie, 1994; Baker, 1996). These studies have concentrated above ten metres AHD, although Curran (1996) located more artefacts at five metres AHD next to Woodberry Swamp, I Thornton.

Although the rate of sedimentation has increased since the introduction of I agriculture, the Gosforth site would have been subject to deposition over the time of Aboriginal occupation. Dodson et al. (1992) have indicated that "The role of Aboriginal burning could be quite pronounced on sandstone soils with low clay content particularly if fires were followed by heavy rain".

If sites occur they are likely to be at depth and may have been disturbed by flooding. I I 3.18.4 Survey Coverage The site is hummocky and disturbed by quarrying in the 1960's. A former owner attempted to level the hummocks with a bulldozer with varying success. A full I systematic survey of the extraction area was unwarranted due to the lack of soil exposures because of thick long pasture cover.

I The extraction area is limited by the twenty metre AHD contour on the eastern side, boundary fences to the north and south and a rise to approximately fifteen metres I AHD to the west. I ERM MITCHELL McCOTTER 58058/FINAL 1/4 MAY 1999 3.35 I I F The existing access track provided 100 metres of exposure with approximately 40 at I 100 per cent visibility.

I 3.18.5 Results Four artefacts were found on the access track. The artefacts were a grey silcrete I broken core approximately 30 x 30 millimetres, a grey silcrete flake and two mudstone flakes one of which appeared to be a redirecting flake. The artef act types may indicate stone working on the site, although no primary flakes were found. I Cobbles were not obvious within the study area however grass cover was generally thick. The location of the artefacts is shown on Figure 3.5. I The artefacts are not adequately in-situ to illuminate site use or potential site patterns across the area. As the proposed quarry will not disturb any areas which have not already been subject to extensive flood deposition and later quarrying, I there is no justification for sub-surface investigations prior to development. However cultural material may be in the soil below the 1955 flood deposits. I 3.18.6 Significance Assessment I The cultural significance of the site was discussed with Gordon Griffiths from MLALC whose assessment that the site and 1955 flood deposits are of low 1 significance has yet to be ratified by the executive of MLALC. 3.18.7 Mitigation Measures

I The National Parks and Wildlife Act, 1974 provides statutory protection for all material evidence of Aboriginal occupation in NSW and places of cultural I significance to the Aboriginal community The following mitigation measures take into account the views of MLALC, the I archaeological and environmental context of the study area and survey results: the access track will be upgraded by filling to minimise surface disturbance. I This shall prevent the disturbance of the sites identified; the access track should be widened by no more than one metre to avoid I impact on in-situ Aboriginal archaeological material; and a further survey of the quarry site should be conducted after the removal of I sand and gravel and prior to remedial earthworks. I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.36 El I I No identified sites will be disturbed by the proposed development. Cultural material may exist below the 1955 flood deposits below which quarrying will not occur. If the 1955 ground surface exposed by quarrying is hummocky or I uneven, subsequent rehabilitation and pasture maintenance would be difficult. In this case, limited grading of the surface would be necessary prior to rehabilitation. Because this grading may disturb unidentified artefacts, the proponent will request I MLALC to undertake a field inspection prior to these works. Should artefacts be found, a further archaeological assessment will be undertaken or alternatively, land shaping will not be undertaken. As quarrying and rehabilitation will be staged, I several field inspections will be required through the life of the quarry.

I 3.18.8 Historic Archaeology I i. Regional setting Gosforth was attractive to early European settlement due to the extensive alluvial flats and access to the Hunter River. The river was the main transport route in the I early period, with the Port of Morpeth accepting coastal shipping. West Maitland, the nearest town centre to the study area began to grow in the mid 1820's. The town was further developed at East Maitland to avoid the frequent flooding of the alluvial I flats around West Maitland (Heritage Office, 1996).

1 ii. The study area

Cadastral maps reveal the history of development in the area. The 1868 survey I shows a wine house on the property then owned by William Vile. Oral records suggest that vineyards were on the alluvial flats prior to the 1892 flood, and still I shown on the 1907 survey. The wine house was demolished at an unknown date but the remains of the house mound can be clearly seen and the perimeter of the house is marked by a concrete I path to the south and west. Fragments of ceramics and glass are evident on the access track which follows the route of the old road. A boundary fence now passes through the wine house site and there is evidence of human disturbance and rabbit I warrens.

The wine house may have significance because of its age. The first vineyard in the I Hunter has been credited to Henry Bouffier in 1859 near Cessnock. An 1868 wine house indicates early vine planting and wine production.

I ERM MITCHELL MccOTTER I 58058/FINAL 1/4 MAY 1999 3.37 ------

TO 'RIVERBEND' PROPERTY

rri IJ!'iI El -

cc' 0/

/ PROPERTY BOUNDARY LAGOON / LI PROPOSED QUARRY POWER SCREEN LOCATION

ARTEFACT SCATTER SOLIRCEI 1125,000 TOPO SERIES, GRETA AND MAITLAND SHEETS

HISTORIC WINE * HOUSE Figure 3.5 ARCHAEOLOGY

I I I iii. Impacts The existing access track requires widening to allow sand and gravel cartage. The initially proposed route would have required limited disturbance of the wine house I ruins and so the proponent will undertake a minor alteration to avoid the ruins. If the chosen route avoids the site, no further investigation is necessary. Should the chosen haul route cross or disturb the site, an archaeological investigation will be I conducted prior to any works occurring.

I 3.19 ECOLOGICALLY SUSTAINABLE DEVELOPMENT

The national strategy for ecologically sustainable development (ESD) details the I Federal Government policy which seeks to achieve economic development in an environmentally sustainable manner. The four principles of ESD are listed in Schedule 2 of the Environmental Planning and Assessment Regulation (1994) as I follows:

the precautionary principle, namely if there are threats of a serious nature I causing irreversible environmental damage, or lack of full scientific certainty which should not be used as a reason for postponing measures to prevent I environmental degradation; inter-generational equity, namely that the present generation should ensure that the health, diversity and productivity of the environment is maintained I or enhanced for the benefit of future generations; k conservation of biological diversity and ecological integrity; and improved valuation and pricing of environmental resources.

I The manner in which these principles apply to the extraction operation at Gosforth I are as follows. The Precauionanj Principle

I There is no uncertainty in relation to the threat of environmental damage due to the following:

I noise generated from the operations was predicted accurately using monitoring of background and operational noise; 1 I ERM MITCHELL McCOTTER I 58058/ FINAL 1/4 MAY 19W 3.38 I I the threat of water pollution is low due to the fact that no water will be used I in the quarrying process and no water will be discharged into the Hunter River. The quarry floor will contain all dirty water; and [ dust suppression measures will be undertaken in the quarry face, manoeuvring areas and unsealed haul roads. I As the natural environment of the study area has already been significantly altered, the proposed extractive operation will not present an environmental threat.

I ii. Inter-generational equity

The material to be extracted will provide material for use in landscaping and I construction throughout the Hunter region. The use in landscaping means that both local and non-local residents benefit from the extraction of soil material. Material I taken from the floodplain of the river is replenished due to the dynamic nature of the river so the supply of sand and gravel to the present generation does not I threaten the supply of sand and gravel to future generations. Once the quarry operation and rehabilitation has been completed, the land will be returned to pasture or other agricultural use which will not disadvantage future L generations.

I in. Conservation of Biological Diversity and Ecological Integrity Quarrying will involve the clearance of grassland only which does not support significant wildlife habitat. When the extraction is completed, revegetation will I involve planting of pasture species. Therefore the already low biological diversity I and ecological integrity of the site will not be significantly reduced. iv. Improved Valuation and Pricing of Environmental Resources. I For extractive materials the valuation and pricing of environmental resources is related to the customers perception of the product and their willingness to pay (James, 1995). Extractive materials are considered to be of low value and there is little opportunity I for improved valuation and pricing. I However, some methods of achieving improved valuation and pricing include: adding the cost of pollution prevention measures for air, noise and water;

I adding the costs of rehabilitation; and I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.39 I I I I the cost of delivery and road maintenance contributions. Including all these factors in the pricing of the product ensures that the final price I represents the true cost of the resource. I 3.20 ENVIRONMENTAL MANAGEMENT PLAN An Environmental Management Plan (EMP) is to be prepared for the proposed quarry as requested by Maitland City Council. Appendix E contains an outline of I the EMP. The Plan will contain the following components: I ca monitoring and reporting requirements for mitigation and management; and incident management and emergency response procedures.

I Annual compliance reporting would address EPA licence requirements, annual monitoring results, and a review of the performance of the EMP. This will include any amendments to the EMP and a response to any non compliances identified I during the previous 12 months. I I I I I I I I I ERM MITCHELL McCOTTER I 58058/FINAL 1/4 MAY 1999 3.40 I [1 I I REFERENCES

I Australian Bureau of Statistics (1996) 1996 Census of Population and Housing

I Baker, N. (1994) Archaeological testing of the RZM Pty Ltd Plant 9 Planned sand mine run adjacent I to Moffats Swamp 3, Medowie, NSW Unpublished report to RZM Pty Ltd. Baker, N. (1996) I Archaeological test excavations and Significance Assessment: F3 Freeway Black Hill, NSW. Report to Roads and Traffic Authority. I Baker, N. (1997) Archaeological Test Excavations at Landcom Project 12163001, Boiwarra Heights, Hunter Valley, NSW. Report to Atkinson and Tattersall Pty Ltd for Landcom, I NSW.

Brayshaw, H. (1995) I Boiwarra Heights, Maitland, NSW. Archaeological survey for Aboriginal sites. Report to Telecal Pty Ltd. Landcom and Maitland City Council.

I Curran, N. (1996) Archaeological investigations for proposed Holmwood Industrial Development I Beresfield South. Report to Harper Somers. Dean, M; Holmes, N and Mitchell, P (1990) I Air Pollution from Surface Coal Mining: Community Perceptions, Measurement and Modelling. Proceedings of the International Clean Air Conference 1990, I Auckland, New Zealand, March 25 - 30, pp215 - 222 Department of Environment and Planning (1988) I Rural Land Evaluation Manual, NSW Government, Sydney. Department of Planning (1984) I Planning in Fire Prone Areas, Circular ClO Department of Planning (1989) I Hunter Regional Environmental Plan 1989, Department of Planning, Sydney. I I 58058 /FINAL 1/4 MAY, 1999 I I Dodson, J. (ed.) (1992) I The Naive Lands. Prehistorg and environmental change in Australia and the south- west Pacific. Longman Cheshire Pty Ltd. Melbourne.

Environment Protection Authority (1994) Environmental Noise Control Manual. Environmental Protection Authority I Chatswood, Environment Protection Authority (1998) Draft Stationary Noise Source Policy. Environmental Protection Authority, I Chatswood, NSW. I Environment Protection Authority (1998) Draft Environmental Criteria for Road Traffic Noise. Environmental Protection Authority, Chatswood, NSW.

I ERM Resource Planning (1995) Fauna Impact Statement for proposed Glenwood Estate Thornton, NSW. For I Erolmore Pty Ltd. Haglund, L. (1981) I Archaeological Investigations in the area of the proposed Kerrabee dam, Goulburn River. Report to the Water Resources Commission NSW

I Harden, G.J. editor (1990) Flora of New South Wales. Volume 1. Royal Botanic Gardens Sydney. New South Wales University Flora of New South Wales. Volume 2. Royal Botanic I Gardens Sydney. New South Wales University Flora of New South Wales. Volume 3. Royal Botanic Gardens Sydney. New South Wales University Flora of New South Wales. Volume 4. Royal Botanic Gardens Sydney. New South I Wales University Press.

Heritage Office and Department of Urban Affairs and Planning (1996) I NSW Heritage Manual. Department of Urban Affairs and Planning Sydney NSW.

I Holmes and Loughran (1983) Man's Impact on a River System: the Hunter Valley j Holmes, J.H. and I Sinison, R.P. (eds). Man and the environment: regional perspectives, second edition, Longrnan Cheshire, Melbourne. I I

58058 /FINAL 1/4 MAY. 1999 I I Isbell, R.F. (1996) I The Australian Soil Classification. CSIRO Publishing, Collingwood, VIC. James, P (1995) I Quarrying and ESD: Changes to New South Wales Environmental Planning and Assessment Legislation. Quarnj Australia 3(4), April 1995. I Koethg, M. (1986) Test excavations at six locations along the proposed Singleton to Glen nies Creek dam Water Supply Pipeline Route and the Reservoir Site at Apex Lookout, Hunter I Valley, NSW Report to the PWD.

Kuskie, P. (1994) I Further archaeological investigations of Lot 1 DP 559519, Thornton NSW. Report to Gutteridge, Haskins and Davey Pty Ltd. I Kuskie & Kamminga, (in preparation) Salvage Excavations at Black Hill Report to the Roads and Traffic Authority. I Luke, R.H. and McArthur, A.G. (1978) Bushflres in Australia. Department of Primary Industry, Forestry and Timber I Bureau. CSIRO Division of Forest Research. Australian Government Publishing Service

I Maitland City Council (1993a) Maitland Local Environmental Plan 1993, Maitland City Council

I Public Works Department (1990) Lower Hunter Valley Flood Study - Oalthampton to Green Rocks. PWD Report No 89014 ISBN 0

I Raine, A.W. and Gardinger, J.N. (1995) Rivercare: Guidelines for Ecologically Sustainable Management of Rivers and Riparian Vegetation. Land and Water Resources Research and Development I Corporation Occasional Paper Series 03/95, Arawang Information Bureau, Canberra.

I Silcox, R. and Ruig, J. (1995) Test excavations at Black Hill, Beresfield, NSW. Report to P.& S. Evans. I Sinclair Knight and Partners Pty Ltd (1981) LI New South Wales Coastal Rivers Flood Plain Management Studies: Hunter Valley. I I 58058 /FR,tAL I / 4 MAY, 1999 I I Specht, R.L. (1981) I Foliage projective cover and standing biomass. In Vegetation Classification in Australia. Ed Gillison, A.N and Anderson, D.J. Proceedings of a workshop sponsored by CSIRO Division of Land Use Research, Canberra. Australian I National University Press, Canberra. State Pollution Control Commission (1983) I Air Pollution from Coal Mining and Related Development ISBN 0724059369 Thackway, R. and Cresswell, I.D. (eds.) (1995) I An Interim Biogeographic Regionalisation for Australia: A Framework for Establishing the National System of Reserves, Version 4.0. Australian Nature Conservation Agency, Canberra.

I I I I I P U I I I I

1 58058 /FINAL I / 4 MAY, 1999 Li I I APPENDICES I E I El I I I I I I I I E I I

58058/FINAL I / 4 MAY, 1999 I Li Appendix A I Li AUTHORITY CONSULTATION I I I I I I I P I I I I I I

58058/FINAL 1/4 MAY 1999 I

TELEPHONE. (02) 4934 9700 At correspondence srouid I De addressed to EACSFMrLE (02) 4933 3209 Genera' Manager P 0 BOX No 270 DX2]63MA0LAND MAITL4ND N S W 2320 I [ 'ii: Adm n stration Bu 0 EMAL.mcc@mafandnswgovau I C 0 U N C I L MALAND NSW OurRef MI/AM: 103/5 Corresp. 127407 4 IHLEIN I Your fRet. 9349821 I 27 July, 1998 - _ N Dt aUtL1y C&ok r.., 3 ERM Mitchell McCotter Data a: j I P0 Box 71 THORNTON NSW 2322

I Attention: Liz Shelly I Dear Ms Shelly, RE: PROPOSED ENVIRONMENTAL IMPACT STATEMENT FOR SAND AND I GRAVEL EXTRACTION - LOT 1, DI' 569007 AT GOSFORTH

I refer to your correspondence dated 23rd June, 1998, seeking Council's requirements I regarding the proposal and in doing so apologise for the delay in replying thereto.

Firstly, it is confirmed that the subject property is zoned 1(a) Prime Rural Land under I Maitland Local Environmental Plan, 1993, within which zone the proposed sand and gravel extraction operation is permissible with the consent of Council. Additionally, I pursuant to the Environmental Planning and Assessment Regulation, 1994, the proposal is declared 'designated' development and is required to be supported by an I Environmental Impact Statement prepared in accordance with the Regulations. The enclosed ETS Guideline for Extractive Industries - Quarries comprehensively sets out the key environmental issues which are required to be analysed in the EIS. I Maitland Council is particularly interested in environmental issues relating to air quality, noise and traffic. The following brief comments are offered in respect of each of H these issues. Air Quality

All operational aspects of the proposed quarry should be analysed to identify likely air quality impacts. Where impacts are identified mitigation measures are to be proposed and incorporated in an Environmental Management Plan (EMP). I I Maitland City Council Page 2 -

Noise

A detailed acoustical assessment of the proposed operation is required. This is to particularly consider the road traffic noise as well as emissions from the pit operation.

Traffic

Full details of the frequency of truck movements is to be provided particularly in relation to hours of operation I

Council would also expect the EIS to propose ongoing site management via an EMP. A site remediation plan should also be presented in the EIS.

Please contact the undersigned should you require further clarification.

Yours faithfully,

MARK IHLEIN MANAGER DEVELOPMENT AND SUBDIVISION I New South Wales Government Department of Urban Affairs and Planning

• S S S S S • S S • S S S S S e • S • S I • • • e • . S • • I

I r Liz Shefly Contact: ERM Mitchell McCotter Julia Seddon I P0 Box 71 Our Reference THORNTON NSW 2322 N98/00234 L Your Reference. Proposed Sand and Gravel Extraction, Gosforth, Maitland

Dear Ms Shelly,

Thank you for your letter of 23 June 1998, seeking consultation with the Director- General for the preparation of an environmental impact statement (EIS) for the above I development. Copies of the Department's EIS guidelines for Extractive Industries - Quarries and I "Extractive Industries - Dredging" are enclosed for your information and assistance in preparing the EIS. Not all matters contained in the Guideline may be appropriate for consideration in the EIS for your proposal, equally, the Guideline is not exhaustive. I Appendix No. 1 of the guidelines outlines the statutory matters that must be included in an EIS under clauses 54 and 54A of the Regulation. I Because of recent amendments to the Environmental Planning and Assessment Act 1979, development applications lodged on or after 1 July 1998 are "integrated development" where certain licences or other approvals are required. The Department I has consulted with the Environment Protection Authority and their requirements for the EIS are attached. I You should consult with Maitland Council and take into account any coients Council may have in the preparation of the EIS. The EIS should also address issues that emerge from consultations with relevant local, State and Commonwealth government I authorities, service providers and community groups. Please contact Julia Seddon on (02) 9391 2191 if you recüirany further information I regarding the Director-General's requirements for the EIS- I Yourssincerely,

David Mutton V ' - Yes Nq, t] I Acting Director Da suitbRitY check required Development and Infrastructure Assessment C3ta : Cl I As Delegate for the Director-General to projeCt 11 U .wor* ot d.&a OVefl1OF.caLia_TWf— I arrer Place, SydnOQ. Date th/

Telephone: (02) 9391 2000 g:\rnah\jul ia\dgrs\gosforthdgr.doc I Facsimile: (02) 9391 2111 I I I I I I I Extractive Industries I Quarries I I I I I I E I S G u 1 d e I i n e I I I I I I New South Wales I Department of Urban Affairs and Planning I DISCLAIMER

Any representation, statement, opinion or advice, expressed or implied in this publication is made in good faith and on the basis that the State of New South Wales, its agents and employees are not liable whether by reason of negligence, lack of care or otherwise to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking as the case may be) action in respect of any representation, statement or advice referred to above.

Pubi N. 91/55

SINS 7310 0910 X

Cr.wi, Cspyriht 1995, Print.d Oct.b.r 1991

This publication is printed on 100% recycled paper. Department of Urban Affairs and Planning

I September 1996 Extractive Industries - Quarries I I

I Executive summary I

I This guideline identifies some important factors The assessment process should focus on key to be considered when preparing an environmental issues. These issues should be environmental impact statement (EIS). identified early in the environmental impact The preparation of the EIS should be preceded by assessment (EIA) process, usually at a planning I focus meeting and through consultation with the early effective consultation and technical discussions with relevant government agencies community. The assessment process should and councils. clearly identify the environmental including P biophysical, social and economic) costs and A high priority should be given to: benefits of the proposal. considering environmental factors in site Key issues for extractive industries usually I selection include: evaluating alternative sites air quality issues ascertaining the suitability of the intended location. noise and vibration I transport There should be an early evaluation of water quality issues. alternatives, taking into consideration the factors I in Part 4 of this guideline. The EIS should outline commitments to the The analysis of alternative design, processing and ongoing environmental management of the management practices should consider the proposal, including monitoring. L environmental implications of options. The The level of analysis of individual issues in the justification for the selection of the preferred EIS should reflect the level of significance of options should consider biophysical, social and their impacts. The analysis should focus on key k economic factors, and the consistency with issues. The information in the EIS should be ecological sustainability principles. accurate and presented clearly and concisely. There should be emphasis on quality and not I quantity. The EIS need not be long. I I I I I 3 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

Contents

1 . Purpose and scope of the practice guideline 1.1 Background 1.2 What are extractive materials? 1.3 Extractive industries covered by this guideline 1.4 When is an EIS required?

Factors to consider when preparing an EIS 2.1 Early consideration of the strategic context 2.2 Early assessment of options 2.3 Identifying issues 2.4 Prioritising issues 2.5 Impact analysis, prediction and presentation 2.6 A question of adequacy 2.7 Ecologically sustainable development

Consultation 3.1 Consultation with government agencies 3.2 Formal consultation required under legislation 3.3 Consultation with the community

Site selection procedures 4.1 Site selection 4.2 Permissibility of land use 4.3 Initial site assessment

Summary of EIS requirements

Specific requirements for an EIS A Executive summary B The proposal C The location 0 Identification and prioritisation of issues E The environmental issues F List of approvals and licences 0 Compilation of mitigation measures H Justification for the proposal

Appendices 1 Schedule 2 - Environmental Impact Statements 2 EIA Procedures under the EP&A Act 3 Threatened Species Conservation Act 4 Consultation and approvals 5 References 6 Schedule 3 - Designated development

4 I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I I 1. Purpose and scope of the guideline I

1.1 Background wetlands. A separate guideline exists for mineral extractive proposals and extractive industry I The purpose of this guideline is to present a clear involving dredging proposals (Figure 1. and comprehensive statement of the matters which may need to be included in an environmental I impact statement EIS), to fulfil the information requirement for the assessment and determination 1.2 What are extractive materials? of quarry or excavation proposals. Extractive materials are principally used as construction material in: I Not all matters outlined in this guideline will be applicable to every proposal. The EIS should be pre-mixed and bituminous concrete tailored to suit the potential impacts of the road base proposal. It is essential to focus only on key foreshore protection I issues. If the relevant matters identified in this land formation and landfill material guideline are addressed, there should be sufficient building stone information for the appraisal of most extractive building products (e.g. bricks, payers, blocks) I industry proposals. Early identification of issues landscaping. relevant to government agencies will also be The materials can be categorised as follows: facilitated by the guideline. crushed and broken stone principally used as This guideline deals with the information I coarse aggregate and road base requirements for an EIS for quarries or other gravel generally used as coarse aggregate excavation proposals which are not located close I construction sand largely used for fine to or within rivers, streams, other waterbodies or L aggregate unprocessed materials mostly used for road- making, fill, soil and landscaping materials I Figure 1. Relationship of dimension stone principally used for decorative Extractive Industry Guidelines purposes in building and landscaping

Extractive materials used in construction must be Construction and I Industrial Materials clean, strong, durable and of a suitable shape, density, strength, porosity and permeability to meet the technical specifications or standards set Extractive Material Industrial Minerals by Standards Australia, the NSW Roads and Non-Minerals Traffic Authority and other authorities. Construction sand, soil, stone, gravel, rock or I Guideline for Mines similar materials which are not prescribed as minerals within the meaning of the Mining Act 1992) are defined as 'extractive materials'. The following materials are included within the Quarries Dredging definition: Non-Riparian Zone Riparian Zone aggregate (fine and coarse), andesite, basalt, I______I. breccia, blue metal, bush rock, conglomerate, Guideline for Dredging dacite, dolerite, gab bro, gravel, greywacke, Guideline for and Extraction in horn fels, latite, loam, monzonite, phyllite, Quarries Riparian and Coastal picrite, porphyry, rhyolite, sand, sandstone I Areas (including dimensional and flagging stone), schist and tuff. I

5 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

A number of materials which may be regarded as loading and transport: extractive materials, are not extractive materials for the purpose of this guideline and Schedule 3 transport to processor or market involving front- of the EP&A Regulation) as they are defined as end loaders, excavators, trucks, elevators, minerals in the Mining Act. These materials conveyors, slurry pumps include: chert, clays (including bentonite, bloating clay, processing: brick clay, clay/shale, fire clay, kaolin, pottery processing equipment, which may be permanent clay and pipe clay), granite, limestone, marine or portable, and may involve: aggregate, peat, quartzite, slate and syenite. screening and washing plant for the removal of unwanted material primary, secondary or tertiary crushers to 1.3 Extractive industries reduce the material to the required particle size covered by this guideline screening, sieving or other equipment with vibratory feeders and connecting conveyors for The definition of extractive industries for the separating the material into size fractions and purpose of this guideline and in Schedule 3) is as follows: conveying it to stockpiles or storage bins blending with other extractive materials to Extractive industries are those which obtain achieve the required characteristics extractive materials by methods including cutting or sawing of dimension stone. excavating, quarrying, dredging or tunnelling or that store, stockpile or process extractive materials by methods including washing, e) progressive rehabilitation: crushing, sawing or separating. rehabilitation programs which should be integrated into the extraction sequencing plans Quarries range in size from large operations with many employees, producing more than 1 million tonnes of material per year and supplying regional markets to small operations with one or two 1.4 When is an EIS required? employees intermittently working borrow pits An EIS must be prepared for developments which and supplying local markets. Extraction activities have the potential to significantly affect the from quarries and pits usually involve: environment. Under Part 4 of the Environmental Planning and removal of overburden: Assessment Act 1979, extractive industries may stripping, involving bulldozers, scrapers or require development consent under a local excavators (some blasting may be required) and environmental plan or other planning instrument If this is the case, then Schedule 3 of the storage of overburden and top soil for rehabilitation Environmental Planning and Assessment Regulation (EP&A Regulation) 1994 applies. extraction of material: Schedule 3 introduces thresholds based on the extraction, including fragmentation of the volume of material obtained, the area disturbed material by drilling and blasting or mechanical and the sensitivity of the affected environment. methods such as hammers, rippers, bulldozers, Extractive industry in sensitive locations such as excavators, front end loaders or hydraulic in or near waterbodies, near the coastline, on methods; material is often temporarily stockpiled steep land or close to residential land if blasting at the extraction site; dimension stone quarries is undertaken are designated, and an EIS must be may employ blasting, trenching or other methods prepared. Certain types of extractive industry of cutting or separating the blocks and cranes to activities such as small scale maintenance lift the cut blocks dredging and extraction undertaken under an approved rivercare or river management plan, are Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I I exempted from designation (see Appendix 6 for approval is granted. The level of public concern is full designation). If a development is designated, one of the criteria used to decide if an extractive then an EIS must be lodged with a development industry project has the potential to significantly I application. affect the environment along wtth size, Under Part 5 of the Act, a government authority, sensitivity of location and predictability of before determining an application for an impacts (see Appendix 2 for the assessment Li extractive industry activity which does not process under Part 4 & 5). require development consent, must first consider When an EIS will not be required, this guideline whether an extractive industry activity has the is equally applicable for identifying the range of I potential to cause significant environmental issues which may need to be addressed in a impacts. If significant impacts are likely to statement of environmental effects when a I result, then an EIS must be considered before any development application is being prepared. I I I I I I I I I I I I 7 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

2. Factors to con sider when preparing an EIS

The aim of environmental impact assessment EIA) is to enable the approving authority, the 2.2 Early assessment of options public, the local council, government authorities The objectives for the proposal should be developed and the proponent to properly consider the to fulfil any identified need and should encompass potential environmental consequences of a the principles of ecologically sustainable proposal. It is important to provide sufficient development (ESD). ESD principles outlined in information for the approving authority to make a Appendix 1) should be considered when decision on whether to approve a proposal and if identifying options for all aspects of the proposal. so, under what conditions. The EIS provides the All feasible alternatives that could satisfy the basis for sound ongoing environmental objectives of the proposal should be considered. management. When weighing up options, the biophysical, economic and social costs and benefits It is the proponent's responsibility to identify and throughout the whole life cycle of the proposal address, as fully as possible, the matters relevant should be considered. The 'do nothing' option to the specific proposal and to comply with the should also be included in these considerations. statutory requirements for EIS preparation. The following factors are important when preparing Careful option selection can lower community an EIS. concerns and reduce potential costs of mitigation and management required to control environmental including social) impacts. Early 2.1 Early consideration adoption of ecologically sustainable strategies can reduce possible conflicts, and additional costs and of the strategic context delays at later stages of the approval process. The need for the proposal should be clearly identified along with its relationship to broader strategic plans and goals. Consideration of the 2.3 Identifying issues strategic context is essential when selecting The general framework for an EIS is prescribed in options for the proposal. Strategic mechanisms Schedule 2 of the EP&A Regulation (see Appendix such as policies and plans which illustrate how 1). The Director-General's requirements provide the proposal has been developed, should be specific matters to be addressed in an EIS. In discussed in the EIS so that the information is addition to the specific legal requirements, the available and relevant. It is not the role of the proponent has a broader responsibility to consider project EIS to undertake an environmental all potential environmental issues in relation to assessment of strategic mechanisms related to the the proposal. proposal. However the EIS should report upon and apply them to the proposal. As a precursor to identifying potential environmental issues, the proponent must be able Any existing relevant cumulative or strategic to outline: environmental studies should be considered when formulating and justifying undertaking a the important characteristics of the project proposal. Air and water quality studies, state of which will determine the scope of the the environment reports and local and regional potential impacts environmental studies should also be taken into the proposed site and a preliminary assessment consideration as applicable. of the sensitivity of the site. Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I

Li If either the project characteristics or the site effects; their direct impacts as well as any should change, then the potential impacts may indirect, secondary, tertiary or cumulative also change. If at any time changes occur, the impacts; and whether the effects are continuous I scoping process for the EIS should be reviewed. or intermittent, temporary and reversible or If major changes occur, the Director-General permanent and irreversible. may need to be reconsulted to amend their P1 requirements. In addition to the issues outlined in this guideline, The outcome of the identification and other sources of information which may assist in prioritisation process should result in: I the identification of potential issues include: a list of all issues with a preliminary estimate any relevant guidelines produced by other of the relative significance of their impacts identification of the key NSW government authorities, e.g. issues Environmental Noise Control Manual (EPA, an explanation as to why other issues are not I 1994a), other States or overseas considered to be key. EISs for similar projects, and any relevant commission of inquiry report, determination I report and conditions of approval The EIS should address the key issues as fully as relevant research and reference material on practicable. However the level of analysis should similar proposals. reflect the level of significance of the impacts and their importance for the proposal. Lesser I There are a number of approaches or mechanisms attention should be given to those issues which which help identify issues relating to a particular have lesser significance. For these latter issues, proposal in a particular location. They may there should be sufficient analysis to develop a I involve fairly unstructured mechanisms with a sustainable mitigation strategy for any potential low level of consultation or a structured process adverse impacts. with a high level of consultation with I all stakeholders. The choice of the approach should depend on the scale and type of proposal 2.5 Impact analysis, and the sensitivity of the environment. These may include: prediction and presentation I consultation outlined in Part 3 Discussion of likely impacts should include checklist, matrix, network, GIS or overlay predictions of the nature and extent of potential methods or similar approaches such as the impacts and the effectiveness of mitigation I tables in Is an EIS required? (Department strategies. This information is fundamental to of Planning, 19951 deciding the potential ecological sustainability and hence the acceptability of a particular proposal. I 2.4 Prioritising issues a) Presentation The EIA process generally will benefit from focusing attention on key issues of concern. Not Information provided should be clear, succinct, I all issues identified will have the same degree of objective and where appropriate, supported by maps relevance for all proposals. The relative or other descriptive detail. Repetitive or general importance placed on different issues will vary non-specific data is distracting and is not relevant n from case to case, and is a function of the type to the decision-making process. The use of jargon and size of the proposal and the sensitivity of the should be avoided. It is recommended that the EIS receiving environment. Issues should therefore be be edited to ensure consistency of style and prioritised according to their importance in the accuracy of transference of information from any I decision-making process. appendices to the main document. External review When prioritising issues, consideration should be of technical analysis will help ensure that the given to the potential severity, temporal and information to be included is relevant. I spatial extent of any beneficial and adverse I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

The EIS should make reference to all relevant level of uncertainty associated with these studies and investigations that have been carried predictions and mitigation measures. This out in support of the proposal or other studies, information is fundamental in developing reports or literature used in the EIS. These should appropriate management strategies and informs be made available during the public display of the proponent, community, government agencies the EIS. and the decision-maker of the degree of risk associated with the proposal and the importance b) Baseline information of that risk. Where baseline data is to be collected first-hand, When predicting impacts, a clear distinction must careful consideration must be given to the design be made between those impacts which can be of the sampling program. Matters to consider assessed quantitatively and those for which only include: a qualitative assessment can be made. Predictive models used should be justified in terms of the degree of understanding of the processes in question appropriateness for the task, outlining its strengths and weaknesses. Whenever conclusions the reasons for the data collection program and recommendations have been made based sampling program design substantially on judgements instead of facts or data collection procedures objective analytical results, the basis of the data analysis methodologies judgements should be clearly identified. A relevant quality assurance procedures. precautionary approach should be adopted where there is a significant chance a proposal may lead The need for long-term sampling to discern the to irreversible consequences. variability of the environment should also be assessed as early as possible so that it is not overlooked or avoided due to time constraints. Reference to standards or indicators Assumptions and extrapolations used to draw Where possible, discussion of impact assessment conclusions from the data should be justified. and mitigation measures should make reference In some circumstances, there may be sufficient to recognised standards or indicators for existing data available for assessment purposes sustainability. Standards such as the Australian without the need for additional data collection. Water Quality Guidelines for Fresh and Marine Where existing data is used, its adequacy and Waters (ANZECC, 1992) will provide a useful appropriateness for impact assessment of the reference against which to measure the proposal should be reviewed and discussed, taking acceptability of potential outcomes. In some into consideration the above points for first-hand cases, indicators may have been developed for a data collection. Shortfalls or uncertainty in region or area, for instance by the Healthy Rivers knowledge should be clearly identified. Commission for specific catchments. In other cases they may be developed as a result of In all cases, sampling programs and analysis regional strategic environmental or cumulative procedures should reflect current scientific studies. Some indicators for sustainability may approaches. Peer review of study design, sampling relate to the specific characteristics of the methodology, data analysis and interpretation of location and can only be developed as a result of results may help identify inadequacies. the analysis undertaken in the EIS. c) Predictions of impacts and mitigation Mitigation strategies Impact prediction should consider magnitude, Mitigation strategies must be considered both in duration, extent, direct and indirect effects, relation to individual impacts and collectively for beneficial and adverse effects and whether all impacts. This helps to avoid conflict between impacts are reversible or permanent. All mitigation strategies and ensures that measures predictions of impacts and the likely success of applied with respect to one (or more) potential mitigation strategies have an element of impacts do not increase the magnitude or uncertainty associated with them. The proponent significance of other likely impacts. The should identify and, where possible, indicate the mitigation strategy should include the

10 I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I I environmental management principles which The EIS must be sufficiently specific to direct would be followed in the planning, design, a reasonably intelligent and informed mind to construction and operation of the proposal and possible or potential environmental I include: consequences a compilation of locational, layout, design or The EIS should be written in understandable technology features described in the EIS language I an outline of ongoing environmental The EIS should contain material which would management and monitoring plans. alert both lay persons and specialists to potential problems Ii Predictions made in the EIS should be monitored An EIS would be unacceptable if it was in an environmental management plan EMP). superficial, subjective or non-informative With projects with potentially controversial An EIS would be acceptable if it was objective environmental impacts, it may be appropriate to: in its approach and alerted relevant parties to I the environmental effects and community consult with government authorities, council consequences of carrying out or not carrying and the community when preparing the EMP out the proposal. establish a community committee to consult I in relation to the ongoing management of the proposal 2.7 Ecologically exhibit an annual environmental management sustainable development I report outlining the environmental performance of the proposal. Under the EP&A Regulation, it is necessary to justify the proposal having regard to biophysical, economic and social considerations and the I It is not expected that a detailed EMP be prepared principles of ecologically sustainable for the EIS. However an outline of the content development (ESD). and structure and commitment to prepare an EMP is required. Ecological sustainability requires a combination I of good planning and an effective and environmentally sound approach to design, 2.6 A question of adequacy operation and management. The proponent I should have regard to the principles of ESD The NSW Land and Environment Court has made throughout the whole project life cycle, and a number of observations about the adequacy of especially: EISs during its judgements (see Cilpin, 1995). when developing the objectives for the project I Gilpin's summary of the Court's observations during project formulation, planning and includes: design I The purpose of an EIS is to bring matters to when considering project options and the attention of members of the public, the alternatives decision-maker, and the Department of Urban during construction Affairs and Planning so the environmental for the operational life of the proposal I consequences of a proposal can be properly afterwards during decommissioning, site understood rehabilitation and reuse. The purpose of the EIS is to assist the I decision-maker. An EIS is not a decision- Continual reference should be made to the making end in itself, but a means to a question 'Is this proposal ecologically I decision-making end sustainable?' I'll I III Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

3. Consultation

Early consultation with the local community, However, consultation with councils and relevant industry, councils and government agencies can government agencies is recommended to help be of great assistance when making a preliminary identify alternatives and to provide a preliminary assessment of the potential viability of a proposal view on their acceptability within the strategic at a particular site. It can also assist in ensuring context. To maximjse the benefits of consultation that the EIS is focused on those matters which with government authorities, requests for advice will add value to the decision-making process. should be accompanied by adequate information Effective consultation should enable an on the proposal and proposed locations. The applicant to: consultation request should be targeted towards identifying key issues, and should specifically clarify the objectives for the proposal in terms relate to the particulars of the location, design of community needs and concerns, and the and operation of the proposed facility. relationship of the proposal to any relevant strategic plans, government policy directions To facilitate consultation with relevant and statutory or planning constraints government agencies, it may be appropriate to identify feasible alternatives (in particular hold a planning focus meeting (PFM). The alternative sites) and clarify their relative Department recommends that PFMs be held for merits in terms of biophysical, social and all major or potentially controversial proposals. economic factors The principal approval authority would usually identify environmental issues to: be responsible for organising the PFM. In addition to including government authorities which have - prioritise the issues and identify those an approval role, other agencies with expertise in key to the decision-making process the area, catchment management committees or - establish the scope of the studies for independent technical experts may also need to key issues so that there will be be included depending on the location, site adequate information for the decision- characteristics and management options. making process - where possible, identify performance objectives or indicators for key issues For an extractive industry proposal, the - when appropriate, identify experts (in following organisations should be invited to a government agencies or from other PFM or otherwise consulted: sources) who can assist in guiding the the relevant local council assessment of a key issue or peer review the assessment Department of Urban Affairs and Planning if appropriate, identify processes for continued Environment Protection Authority Department of Mineral Resources community involvement. Roads and Traffic Authority any relevant water authority. The following consultation procedures are recommended: Appendix 4 lists other organisations who may need to be consulted to identify key issues for particular proposals. 3.1 Consultation with

government agencies For smaller projects, less formal meetings or It is intended that this guideline should replace discussions with relevant authorities, particularly I the need to undertake routine consultation with the local council, should be undertaken. Issues government agencies on general matters to be such as whether a proposal is consistent with the council's strategic plan for the area and is included in an EIS, statement of environmental permissible at the particular site should be I effects (SEE) or review of environmental factors clarified at the outset. (REF). I

12 [1 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I

I 3.2 Formal consultation 3.3 Consultation I required under legislation with the community Under the provisions of the EP&A Regulation, an The community likely to be affected, whether applicant or proponent must formally consult the directly or indirectly, should be informed of the Director-General of the Department of Urban proposal and consulted early in the EIA process. I Affairs and Planning DUAP) regarding the Consultation should aim to include affected content of an EIS. It is recommended that the individuals, community groups and groups with PFM or preliminary discussions with council special interests such as local Aboriginal Land I occur before the proponent consults the Director- Councils, General and that the minutes of the PPM or For major or controversial projects, a program of issues canvassed in the discussions be forwarded community consultation may need to be to DUAP when the Director-General's undertaken as part of the preparation of the EIS. I requirements are requested. This program would usually include two phases, If a proposal is on land that contains a 'critical one seeking to inform the community for habitat' or is likely to significantly affect instance involving public meetings, public I threatened species, populations or ecological displays or newsletters) and one seeking to gain communities or their habitats, the Director- input on issues of community concern, to identify General of National Parks and Wildlife should be community values and to identify and evaluate I consulted regarding the contents of a species alternatives (for instance involving community impact statement see Appendix 3 for further focus meetings, 'issues' workshops and I information). community surveys). I I I L I I I E I

13 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I 4. Site selection procedures

4.2 Permissibility of land use Principles of site selection for quarry proposals At a very early stage in the site selection process, it is essential to consult with the local council to Consideration must be given to whether: ensure that the proposal is a permissible use under the relevant planning controls. If the the land use is permissible proposal is not permissible under the zoning environmentally sensitive areas are avoided then discussions should be held with councils the use is compatible with nearby land uses about the appropriateness of changing the zoning initial site investigations indicate the site is or seeking an alternative site. fundamentally suitable for a quarry.

4.3 Initial site assessment An initial assessment of the intended location 4.1 Site selection can help ensure that the quarry can be operated in The geological distribution of extractive material an environmentally acceptable manner. An initial and its proximity to urban markets or site assessment can provide a basis for the construction sites e.g. major infrastructure comparative evaluation of potential sites. It is projects) are the prime factors which attract recommended that an initial assessment be extractive industries into certain areas, often undertaken prior to committing to a particular close to urban expansion. Transportation costs site or proceeding with a more detailed are a critical factor in the economic viability of assessment in an EIS or SEE. This initial site extractive industries, as the materials which are assessment should focus on the characteristics of high in volume, are relatively low valued the site itself, as well as the surrounding resources. Extractive materials tend not to be environment. Matters to consider in an initial transported over distances greater than 60 locational assessment are shown in Table 1. The kilometres, because of the transport costs. list is not necessarily exhaustive. In addition to biophysical factors, the locational assessment However, environmental factors are also should also consider community amenity. important when deciding where a quarry should Conflicts often arise when the community be located. The appropriate location of a quarry is perceives that its amenity is being threatened by an important environmental management tool in particular impacts such as blasting, traffic, air or ensuring that the facility operates in an water quality impacts. Any potential conflicts environmentally acceptable manner. Careful site and possible options for resolving them should be selection will: considered as early as possible. In general, if reduce the potential environmental impacts quarry proposals are designed to control blasting, and consequently, the need for impact dust and traffic impacts, there will be wider mitigation and ongoing management measures locational options. reduce levels of public controversy In assessing the acceptability of a proposed site, avoid potential delays in the approval process. consideration should be given to its compatibility with surrounding land uses. Consideration may It is recommended that the following matters be need to be given to acquiring sufficient land to considered when selecting a site for a quarry. provide adequate on-site separation from nearby sensitive land uses. Such separation can help

14 I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I

I Table 1. Matters to be Considered in Initial Site Assessment I Operational Does the site provide sufficient I and area for present and future requirements? requirements Is there easy access and transport networks of an appropriate standard?

Does the site provide for safe truck entry and exit and on-site queuing of trucks7 . Is this an efficient site relative to the market? I Can services be efficiently supplied to the site e.g. power, water?

Topographic and Are the rainfall patterns or prevailing wind directions likely to cause management difficulties? meteorological Are the local climatic conditions (e.g. air movement, rainfall) in combination with the topography likely

assessment to result in microclimatic conditions which will adversely increase impacts on the community7

Water Are there any site constraints which make on-site water management difficult (including both process issues water and stormwater)? I Are there risks of surface water pollution because of the proximity or pathways to waterbodies? Can any required separation distances from waterbodies under any existing legislation or guidelines be complied with? I Are there risks of groundwater pollution because of shallow or rising groundwater tables, or proximity to groundwater recharge areas, or areas with a high vulnerability to pollution? (This will require consultation with the Department of Land and Water Conservation) I Is the site susceptible to flooding? Flora and • Is there sufficient separation from environmentally sensitive areas such as national parks, nature fauna issues reserves SEPP 14 wetlands, SEPP 26 littoral rainforests, protection zones in LEPs and REPs? Can clearing of natural vegetation be avoided? I Can clearing of vegetation of high significance be avoided e.g vegetation used for visual screening, riparian vegetation, vegetation used as corridors for the movement of fauna? Are threatened flora or fauna species, populations and ecological communities or their habitats liked I to be affected? Will an SIS be required? Will a development application for vegetation clearing be required under SEPP 46?

Geological or • Are there any topographic or geological characteristics which will cause difficulties in managing I soils issues impacts (subsidence, slippage, seismic)? Are the soils highly erodible? Identify any potential sediment management problems? Are there existing soils problems e.g. contaminated soils, acid sulfate or saline soils? h Trans port Can the standard and capacity of the road network accommodate traffic likely to be generated by issues the proposal? Can truck traffic avoid residential areas, hospitals, schools and commercial areas? I If inadequacies exist, can the road network or traffic management be changed to minimise any impacts particularly on residential areas?

Community Is the proposal likely to be compatible with surrounding existing or proposed land uses, particularly I issues any residential, special uses (such as schools, hospitals, community buildings) and any sites of outstanding natural or environmental value or high tech industries? Is there likely to be a problem in meeting sustained compliance with dust, noise or water quality I requirements due to the proximity and nature of nearby land uses? Is the proposal likely to pose health risks? Is the proposal likely to affect the heritage significance of any Aboriginal or non-Aboriginal heritage items found or likely to be found on the site? Is the site highly visible? Will there be significant I visual impacts? Cumulative Is the proposal at this site likely to contribute to any existing cumulative problems? I issues I

15 I Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I I minimise impacts and maintain the amenity of the surrounding areas. Factors to consider when determining appropriate separation distances include: I the character of the surrounding environment and its sensitivity to impact the characteristics of the impacts, in I particular their predictability proposed impact mitigation and management strategies and their predictability. I

However, separation distances should not be viewed as the primary means of ameliorating impacts as this can lead to unnecessary land sterilisation. Instead, separation distances should be thought of in the context of a locational attribute, providing confidence that the amenity of existing land uses can be maintained. The EPA does not accept that the impacts of air and water pollution will be reduced by separation distances. Therefore, the role of site separation as an impact mitigation measure should simply reinforce the impact mitigation measures provided by other means.

16 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

5. Summary of EIS requirements

The statutory requirements for an EIS are prescribed in Schedule 2 of the EP&A Regulation Summary of requirements (Appendix 1). A. Executive summary A summary of the specific requirements for an EIS for a quarry proposal are provided in the box on B. The proposal the right. These requirements are discussed in Objectives and characteristics detail in Part 6. All issues nominated will not have of the proposal the same degree of relevance for all proposals. Characteristics of the resource Depending on the characteristics of the proposal, Description of quarry operations some of the requirements may be more relevant Site layout plans than others, while others will not be applicable at Site preparation works to establish the quarry all. The EIS should be tailored to the specific Infrastructure consideration proposal and should focus on the key issues. Rehabilitation Previous operations on the site Consideration of alternatives and justification for the preferred proposal

C. The location Planning information, site description and locality information Overview of the affected environment

D. Identification and prioritisation of issues Overview of the methodology Outcomes of the process

E. The environmental issues Traffic and road issues Soils and geological issues Water issues Air quality issues Noise and blasting issues Flora and fauna issues Heritage issues B. Visual issues 9. Coastal issues Hazards issues Social and health issues Economic issues Cumulative issues

F. List of approvals and licence,

G. Compilation of mitigation measures

H. Justification for the proposal

17 Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I 6. Specific requirements for an EIS

Executive summary depth and width of benches; the depth of excavation; An executive summary should be provided in the the rate of extraction; estimated EIS and should be available separately for public daily, weekly and annual volumes of the information. The summary should give a short material to be extracted and transported; overview of the proposal and the potential constraints on increased volumes including environmental impacts, and should include a equipment, market demand clear map or aerial photograph of the location. It employment construction and operation) should be written in non-technical language to hours of operation (construction, extraction, facilitate understanding of the proposal by the processing, transport, maintenance) general public. I) quantities and management of topsoil, overburden, tailings and extractive material to be stockpiled or stored details of processing to be undertaken on site The proposal methods of loading and transport of material within the site and from the site; access roads; 1. Objectives and any conveyors, loaders or rail links characteristics of the proposal quantities and method of storage of fuels and chemicals including explosives on the site; The objectives of the proposal should be clearly security and buriding arrangements stated and justified in terms of ecological sanitary and waste disposal arrangements sustainability. The statement should refer to the: the system of sediment dams and drains. extent of the quarry quantity and types of material to be extracted 4. Site layout plans and processed products to be marketed Plan or plans clearly indicating the location of duration of the operation the following should be provided: proposed future of the site following the the maximum area to be disturbed at the various expiration of the proposal and any proposal for stages of the quarry future expansion including staging and any significant vegetation communities to proposed timing. be cleared processing, storage, loading or transport plant storage areas for topsoil, overburden, 2. Characteristics of the resource extractive material The following information should be provided: storage of waste, fuels, chemicals and explosives the drainage network, bunding, sedimentation the geological characteristics, size and quality dams of any proven, possible or probable reserves safety fencing and other safety mechanisms exploration methods (boreholes, test landscaping excavations) and summary of results parking, queuing and turning areas, weighbridge, the depth of overburden and topsoil. truck wash-down areas.

3. Description of quarry operations 5. Site preparation works A description of the proposed extraction and to establish the quarry processing operations should include: Describe works prior to the quarry operations the removal of overburden commencing. Include details of: the staging of extraction a) clearing, including any burning, chipping or the number of benches ; the slope, height, mulching, removal and storage of overburden

18 I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I

- a permit may be required for clearing from the general suitability of the soil material for the Department of Land and Water rehabilitation purposes; the proposed length of Conservation under SEPP 46 or the Protected storage of top soil and management to I Lands provisions of the Soil Conservation Act maintain viability; the measures to separate the construction of access roads, dams, less fertile subsoil overburden from more drainage and sediment control systems fertile topsoil; the progressive erosion control I the construction of the processing, loading or strategy during and after rehabilitation; the storage plant. proposed use of any waste from the operation in land formation I 6. Infrastructure considerations revegetation of all disturbed areas, during and The following factors should be considered: after completion of the extractive operation including surface preparation; sowing electricity supply; measures to protect any techniques; propagation; species, rates and easements, cables, pipelines which may be staging of the propagation program I impacted by the proposal ; any energy conservation measures requirement for fertiliser; the need for water requirements, proposed supply or temporary vegetation I storage, water recycling and reuse options the final drainage patterns waste disposal requirements; proposed other matters such as provision for fencing and methods and locations for disposal security I transport requirements. the monitoring and maintenance program.

7. Rehabilitation 8. Previous operations on the site I The following issues should be addressed: If applicable, outline: the history of previous extraction from the site a) the proposed final use of the site including the past environmental performance, including the final land formation plan for the site impacts of the operation on the environment including any sedimentation dams, drains or I and the effectiveness of any site rehabilitation access roads); the general suitability of the previous controls which applied on the site quarry characteristics for the proposed final the integration of the proposed development use and proposed rehabilitation strategy; I compatibility of the proposed use with the with operations previously carried out surroundings: restoration or rehabilitation works proposed if landfill, materials recycling facility or for areas previously disturbed and the contaminated soil treatment works are integration of these works into rehabilitation proposed, consider the suitability of the plans for the proposed operations. site with regard to groundwater, permeability of soil, type of material to be 9. Consideration of alternatives and I introduced onto the site identify any constraints on the suitability of the site justification for the preferred proposal for thLs purpose and the final landform, Consideration should include an assessment of I landscaping and proposed final use of the the environmental impacts or consequences of completed landfill area adopting alternatives including: if a recreation lake is proposed, consider quarry methods or technology the appropriateness of the grading of the quarry design, site layout or access roads I slopes, potential groundwater impacts, management or administrative practices potential water quality issues because of the catchment or soil types; identify any other resource sources or locations I potential long-term management problems alternative rehabilitation and end use options. of the lake if agricultural purposes are proposed, The selection of the preferred options should be consider the agronomic suitability of the justified in terms of: I proposed subsurface/topsoil profile and a) type, quality and quantities of products in the drainage patterns relation to market demand I

19 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

environmental factors including biophysical, may include prevailing wind and intensity economic and social factors ; average yearly rainfall; seasonal distribution; c) the principles of ecologically sustainable storm intensity; development. storm return period Ithat is, the average interval between storms of a specific magnitude) C. The location surface contours and general topography Ithese may include slope gradient, slope length, 1. Planning information, site description catchment size, drainage) the presence and condition of watercourses. and locality information flood liability; any water storage or drinking The following information should be provided: water catchments including groundwater bores a) zonings, permissibility and any land use within 1 kilometre; the watertable and the constraints relationship to the maximum excavation depth b) compatibility of the proposal with: predominant native vegetation communities, i) any regional strategy or Resource Plan of any vegetation communities and their habitat Management for extractive industries in value or other items of conservation value the area the suitability of the land for agricultural purposes. u) provisions of any SEPP, REP, LEP or DCP for existing and proposed development existing land uses D. Identification and any heritage items or environmental protection areas or areas affected by prioritisation of issues conservation agreements c) title details; land tenure; owner's consent if 1. Overview of the methodology not the proponent) d) where Crown land is involved, any constraint Outline the procedures or methodology used to associated with the form of lease or tenure identify and prioritise issues. Factors to consider ; may include: where appropriate, the Native Title status of the land should be addressed and an outline a) the outcome of a review of relevant sources of provided of the procedures to be followed to information on potential issues including: satisfy the requirements of the 1) any relevant guidelines produced by NSW Commonwealth's Native Title Act (1993) government authorities, relevant e) site description and maps, plans or aerial guidelines from other States or overseas, photographs clearly identifying the location of any industry guidelines the proposal relative to surrounding roads, EISs for similar projects, any relevant adjoining communities or dwellings and any commission of inquiry reports, land use likely to be affected by the determination reports and conditions of development; approval, relevant research or reference utilities including transmission material lines, pipelines, cables or easements ; sight lines relevant strategic plans or policies from dwellings or public places such as roads. relevant preliminary studies or pre- feasibility studies 2. Overview of the affected environment b) the outcome of consultation with stakeholders An overview of the environment should be including planning focus meetings, provided in order to place the proposal in its local community focus meetings, community and regional environmental context. This workshops or issues groups, meetings with overview should be general. Specific details stakeholders (e.g. government agencies, should be provided when assessing the particularly EPA, councils, major market environmental impacts of the proposal. representatives) c) the use of methodology such as Is an EIS General information to be provided includes: required? (Department of Planning, 1995) or a) meteorological characteristics which may checklists or similar approaches influence erosion, dust or noise impacts; these

20 I I Department of Urban Affairs and Planning September 1996 Extractive Industries Quarries I I 2. Outcomes of the process truck types and sizes; if trucks will arrive or Summarise the outcome of the identification and leave in convoy or queue to enter the site or prioritisation process including: need to wait outside the quarry gate I b) proposed truck routes and possible alternative all the issues identified routes or transport modes, e.g. conveyer the key issues which will need a full ajialysis belts, rail I in the EIS (including comprehensive baseline the physical condition of the roads or bridges assessment) on the proposed routes and upgrading proposals c) the issues which will not need a full analysis the measures to prevent sediment transport in the EIS though they may be addressed in the off-site via transport vehicles including I mitigation strategy; the (ustification for the shakedown areas or properly controlled truck proposed level of analysis. wash facilities the potential impact on the road maintenance program I E. The environmental issues road safety issues; include: i) The following specific issues are nominated as other mayor road users, peak periods of use and potential conflicts; being potentially important when assessing use of the truck routes by school buses and the location of impacts, and for decision-making in relation to schools and bus stops quarries. The outline of the issues is not ii) any sight distance constraints for: exhaustive and the degree of relevance of each turning traffic into or from the quarry I will vary. The EIS should only deal with relevant access road issues as applicable to the particular proposal. any relevant uncontrolled intersections, road junctions or railway crossings iii) proposed measures to improve safety I including: Assessment of potential impacts any possible realignment of roads The following should be included for any any need to improve sight distance or I potential impact which is relevant for the intersections or crossings assessment of a specific proposal: any need to restrict hours of truck movement, the number of trucks per a a description of the existing environmental day or the load size on certain routes. I conditions (baseline conditions) a detailed analysis of the potential impacts of the proposal on the environment; the analysis 2. Soils and geological issues I should indicate the level of confidence in the Issues which may need to be considered include: predicted outcomes and the resilience of the environment to cope with the impacts a) describing existing surface, geological and soil characteristics, including a soils survey of the proposed mitiadon, management and areas to be affected by the proposal, indicating I monitoring program, including the level of profile characteristics which may be relevant confidence that the measures will effectively for the sustainable management of the mitigate or manage the impacts. proposal; these include: I With each issue, the level of detail should a review of contours, terrain stability, match the level of importance of the issue in slope gradient and length decision-making. a survey of the physical and chemical I properties such as soil depth, particle size distribution, permeability, dispersibility, hydraulic conductivity or aggregate I 1. Traffic and road issues stability, relevant chemical properties such A traffic impact study should be undertaken for as pH, salinity; suitability for revegetation all operations involving significant numbers of (the Department of Land and Water truck movements including: Conservation (DLWC) has soil landscape I maps for some parts of the State) a) the estimated average and maximum hourly, daily and weekly truck movements; proposed a review of the site history to identify I

21 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

likely contaminated sites (refer to the techniques for stripping topsoil and EPA's contaminated land register, subsoils which will minimise erosion council's unhealthy building land list and stabilisation works for cuttings, previous land use); naturally occurring embankments, trenches and open contaminants; existing level of site channels contamination including the type and stockpile management measures extent of contamination if possible including wind and water erosion iv) reviewing DLWC's Acid Sulfate Soil Risk control measures; surface stabilisation Maps to determine if acid sulfate soils are measures for stockpiles such as likely to occur on the site; if likely, mulching or temporary vegetation to undertake a soil survey in accordance with prevent erosion; proposed stockpile Assessing and Managing Acid Sulfate batter grades Soils EPA, 1995). surface drainage and sediment control bl describing the potential direct or indirect measures; control of run-off on to, effects on soils, and any constraints on the through and from the site; measures to proposal due to soil or geological dissipate energy and for scour protection characteristics including: re-vegetation and rehabilitation the potential for erosion having regard to measures the soil characteristics, landform and a maintenance program of all erosion meteorological characteristics; issues control works relating to bed and bank stability at creek if relevant, the proposed management crossings program to mitigate potential impacts from the potential subsidence, settling, slippage disturbance of acid sulfate soils, including or structural problems due to shear planes, minimisatjon of disturbance of the fault lines or other structural weaknesses material or the watertable; treatment of ni) the suitability of the topsoil for landscaping disturbed soils or acid water; monitoring program and response strategies should purposes, considering soil fertility deleterious impacts be observed iv) the potential for acid related issues due to if relevant, the level of remediation; the presence of acid sulfate soils, proposed methods for remediation considering: ; a monitoring program to track the the disturbance of sulfidic material or decontamination progress extracted material containing sulfidic if relevant, measures to avoid causing site material contamination during the construction and impacts from alteration of watertable operation of the facility and remediation levels measures if contamination occurs. acid run-off from stockpiles or the d) considering the acceptability of impacts and acidification of sulfidic fines assessing the adequacy of the mitigation sale or use of material containing strategies during construction and operation of pyritic material - refer to Assessing the proposal to control soil and geological and Managing Acid Sulfate Soils (EPA, impacts. 1995) and RTA's Acid Sulphate Soil Policy 1996) v) if contaminated soils on the site, need for 3. Water issues remediation Issues to consider include: c) proposed measures to mitigate soils impacts a) a description of potential sources of water including: pollution such as: i) proposed erosion management plan increased turbidity due to sediment loss considering: and erosion from stockpiles, haul roads or measures to prevent wind and water other disturbed areas erosion including programming of sewage works to minimise the need for soil workshop, vehicle wash facilities, plant stockpiling and to minimise the area and equipment, fuel storage denuded at any one time, use of I

Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I I iv) impurities, incidental minerals or other from any river or stream or groundwater leachates from the disturbed rocks and soil sources the condition of any natural waterbodies, ii) wastewater storage and reuse including I wetlands, coastline or environmentally irrigation of landscaping, truck wash sensitive areas which could be impacted by: down, demonstrating an ability to avoid i) any change in surface water or dry weather discharge; outlining a strategy I groundwater hydrology as a result of the of water use and reuse so that the water proposal level is reduced in the dam to restore its ii) any change in the water quality as a result capacity as quickly as possible of any activity on the site e) potential impacts on groundwater, considering: I iii) dust from the quarry or traffic the quantity, quality and depth of the C) the drainage and sediment management watertable system including: any adverse effects on groundwater I a drainage system to divert recharge areas uncontaminated surface water including the likely transference of any pollutants stormwater or streams around or away to groundwater from the quarry and other disturbed areas if extraction is below the watertable I measures to control water flow within the f) when dewatering of the quarry or pit is impacted area with given 'intensity- proposed to facilitate extraction, any effects frequency duration' assumptions to on the local or regional watertable I minimise the volume, slope and speed of the adequacy of measures to ensure the water flow and the transmission of sediment watertable will not become contaminated (these may include water diversion banks or during and after extraction because of the final I canals, settlement ponds, sediment or reuse of the area pollution traps, trickle pipes or flumes) the impact on the aquifer intake area and the sedimentation dams to contain run-off adequacy of the protection of this area from the quarry or any processing area a plan for the ongoing maintenance and I including water from storm events and the monitoring of water quality controls to ensure non-filterable residues from stormwater their correct installation, operation and overflows - the system should be effectiveness. I designed to minimise the risk of discharge of contaminated water 4. Air quality issues an assessment of the need to treat Issues to consider include: (chemically or by other methods) I contaminated stormwater or process water a) identifying fixed and mobile sources of air because of the level of fines or other pollution such as extraction, processing, pollutants prior to reuse or discharge handling, storage or transport operations I proposed maintenance works, including b) the likely impact of the proposal on the local methods of dewatering slimes or fines and regional air quality ponds; proposals to store sludge, fines or c) if air quality is a significant issue: slimes and use of the area baseline data on the ambient quality of I the air temporary sediment controls including a sequence of sediment traps and filters to projected dust emission and deposition rates effectively allow for increased retention frequency and times of emissions d) meteorological conditions under which nearby I time of drainage water during construction, to inaximise settling time of dwellings and sensitive land are likely to be sediment laden run-off affected I controls to prevent contamination of e) mitigation and management measures to water from accidental spillages of control the generation of dust and to ensure petroleum products or other chemicals compliance with air quality standards d) water balance, including: including: ceasing dust generating activities during I i) the dependence on off-site water sources i) certain meteorological conditions I and the potential impact of water usage 23 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

u) sealing or watering of roads and to ensure compliance with relevant dust control measures on open stockpiles, blast overpressure and ground vibration processing and loading areas standards; proposed mitigation measures planting of landscaping to reduce the wind such as: impacts management criteria of suitable f) a dust monitoring program. weather conditions for blasting notice of blasting 5. Noise and blasting issues controls to reduce blasting impacts including the size of blast, blast hole Issues to consider include: patterns, depth and direction of blast a) the existing acoustic environment including a holes statistical breakdown of the meteorological measures to minimise fly rock conditions jpredominant wind, temperature, g) the proposed monitoring program. humidity and inversion details) and any topographical features which will influence the noise or vibration impacts 6. Flora and fauna issues b) proposed hours of operation and traffic If land is to be cleared or vegetation or fauna movements habitats are likely to be disturbed, issues to c) noise levels including 1/3 octave spectra and consider include: sound power levels) from fixed and mobile a) identifying plant and animal habitats and noise sources ecological communities and, where d) predicted noise levels at potentially affected dwellings appropriate, populations and species in areas that may be directly or indirectly affected by e) mitigation and management measures to the proposal control the generation of noise and to ensure b) indicating the local and regional scarcity of compliance with relevant noise standards, these habitats, ecological communities, including details of noise control measures populations and species - if relevant identify such as: the following, indicating their incidence on suppressors or silencers on equipment the site: any bunding (size, type and location) or threatened species, populations or noise shield proposals ecological communities listed in Schedule alternative locations of plant, 1 or 2 of the Threatened Species weighbridges, parking, queuing or truck Conservation Act 1995 (see Appendix 31 routes to reduce noise rare plant species listed in Rare or alternative grading of the road to reduce Threatened Australian Plants (ROTAP) sharp transitions of gradient and reduce (Briggs, J.D. 1988) the impacts from brake and gear change areas protected under SEPP 14 - Coastal noise Wetlands, SEPP 26 - Littoral Rainforest, management strategies to reduce impacts SEPP 44 - Koala Habitat Protection or including truck speed, air brakes other environmental planning instruments f) for proposals involving blasting: vegetation or fish species protected under identification of any dwellings or the Fisheries Management Act 1994, residential zones within approximately indicating the economic significance of 2 kilometres of the site any potentially affected fish species management strategies for drilling and trees listed in councils' Significant Tree blasting, including maximum Registers instantaneous charge; site factors; firing c) potential impacts on species, populations or patterns and delays; frequency of blasting; ecological communities or their habitats: results of trial blasts directly through removal by clearing predicted overpressure and ground indirectly through changes in water vibration at neighbouring dwellings quantity, quality or groundwater regime mitigation and management measures to through impacts on the number, control the generation of blasting impacts distribution and size of habitats

24 I

Department of Urban Affairs and Planning I September 1995 Extractive Industries - Quarries I

I the sensitivity of species or communities to inspection of heritage registers, schedules, disturbance; the potential impacts of databases or lists, Heritage Council disturbance on biodiversity; the potential for Register, heritage and conservation I recolonisation following rehabilitation - if registers various government agencies), relevant assess the significance of the area for local or regional environmental plans, koalas under the provisions of SEPP 44 - Koala archaeological zoning plans, Aboriginal I Habitat Protection Sites Register National Parks and Wildlife the significance of flora or fauna for other Service (NPWS)), National Estate Register biota, including biota not directly affected by Australian Heritage Commission), other the proposal but which interact with registers ) National Trust, Institution of i potentially disturbed flora and fauna Engineers Australia, Royal Australian landscaping and rehabilitation proposals and Institute of Architects) their role in mitigating impacts such as Step 2: survey the area likely to be affected, to I compensatory rehabilitation with indigenous identify any items of potential heritage species; provision of new appropriate habitats; significance. opportunities for colonisation; timing of major disturbances For non-Aboriginal heritage: I g) identifying potential weed and introduced a) assess the significance of any non-Aboriginal species and describing measures to control and heritage items identified on the site, using prevent spread into localities adjacent to the proposal criteria for assessing heritage significance I published in the NSW Heritage Manual 1996 h) proposed monitoring to determine the b) effectiveness of mitigation and to verify assess the potential impacts of the proposal on predictions. the heritage significance - non-Aboriginal I heritage items, protected under the Heritage Act 1977 Note: Appendix 3 provides guidance on or a conservation instrument, require determining when a species impact statement approval from the Heritage Council before disturbance can be undertaken; I )SIS) is required. An SIS must accompany any items identified in planning instruments require the proposal in critical habitats or where there is consent of the nominated consent authority likely to be a significant effect on threatened usually council); shipwrecks protected under species, populations or ecological communities or I the their habitats. Historic Shipwrecks Act 1976 require the approval of the Director of the NSW Heritage Office I 7. Heritage issues c) propose measures to mitigate impacts to This section is relevant if land clearing, earthworks, conserve items of heritage significance - disturbance of existing items (buildings, works, if items of significance are to be disturbed a I relics or places) or reduction of the heritage curtilage conservation management plan may need will occur as a result of the proposal. Issues which to be prepared in consultation with the may need to be considered include: Heritage Office. I a) identifying any items of heritage significance For Aboriginal heritage: on the site (including underwater) and in the area affected by the proposal. This should assess the archaeological and anthropological include two steps: significance of any Aboriginal relic or place I Step 1: collate information from any relevant identified on the site in consultation with the heritage study or conservation plan for the site Land Council, Department of Aboriginal or area - this source may need to be Affairs and NPWS I supplemented with information from the assess the potential impact of the proposal on following: the heritage significance; Aboriginal relics or relevant historical research on the area places cannot be disturbed without written I consultation with the Aboriginal Land consent from the Director-General of National Council, local historical societies and the Parks and Wildlife propose measures to mitigate impacts or to I local council I 25 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

conserve the heritage significance of the area, 9. Coastal issues relic or place - if items of significance are to be disturbed, a conservation management plan For extractive industries undertaken within the may need to be prepared in consultation with coastal zone, the following issues should be the NPWS, Land Councils, the Department of considered: Aboriginal Affairs and the Heritage Office. any relevant issues in the New South Wales Coastal Policy For natural heritage: impacts from extractive industry activities on the beach or coastal dune fields including from a) assess the heritage significance of any natural short-term erosion or long-term recession. areas including geological or palaeontological features or ecological communities assess the potential impact of the proposal on 10. Hazards issues the heritage significance note: items Consider the following potential hazards: identified in planning instruments or in a) accidental release of toxic substances, conservation areas require the consent of the explosions or fires nominated approval authority) a) natural events (including bushfire, landslip, propose measures to mitigate impacts or to flooding or subsidence). conserve the heritage significance - if natural areas of heritage significance are to be All potential hazards and associated scenarios disturbed a conservation management plan should be identified, and the significance of their may need to be prepared in consultation with consequences assessed. the relevant authorities. For quarries using explosives, the need for a Consider the acceptability of impacts on heritage preliminary hazard analysis (PHA) should be considered. The procedure identified in significance and assess the adequacy of the Applying SEPP 33 (Department of Planning, 1994) should measures to mitigate impacts during all stages of be considered. If a PHA is required, it should be the proposal. prepared in accordance with Hazardous Industry Planning Advisory Paper (HIPAP) No. 6 - 8. Visual issues Guidelines for Hazard Analysis (Department of Planning, 1992a), and HIPAP No. 4 - Risk For extractive industries undertaken in areas Criteria for Land Use Safety Planning where visual impacts are a concern, issues to (Department of Planning, 1992b). Most important consider include: elements of a PHA include: considering the site in relation to any landscapes a list of dangerous goods to be used and the of local or regional significance as considered rate of usage (fuels or explosives), details of from the fore, middle and background quantities stored; storage and transport visibility from adjoining properties and the arrangements for materials surrounding areas a brief description of procedures involving lighting impacts from lights for security and dangerous goods; a comprehensive night operations identification of possible causes of potentially visual impacts from the clearing of vegetation; hazardous incidents and their consequences to exposure of rock faces; shape, location or size public safety or the environment from the of stock piles; location, colour storage or use of hazardous chemicals; an the form and bulk of the plant; the location of outline of all operational and organisational access roads and fences safety controls. the location of waste dumps or derelict the consequences in relation to public safety equipment or impact on the environment if a hazardous event were to occur the orientation of the quarry face relative to a sighting lines quantified risk assessment identifying hazard mitigation measures; proposed landscaping to reduce visual impacts; assessing the adequacy of operational and the location, layout and composition of emergency procedures involving dangerous and intending screening species. hazardous goods.

26 I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I

For sites located in a flood prone areas, the any potential changes in the air quality, noise following hazard issues should be considered: and vibration regime and safety on the roads. I flooding status, including the likely frequency of flooding and depth of flooding 12. Economic issues if flood liable: Issues to consider include: the direction of flood flow; the a) cost and benefits to the community as a result I vulnerability of the storage, batching and of the quarry taking into consideration waste management facilities environmental impacts identified in the EIS as potential impacts from inundation of the well as the projec.t factors significaiit non- I facility including the management of monetary costs and benefits should be contaminated waters; means to prevent described and qualitatively assessed; if a major breakthrough during floods from any pits, issue, the analysis should consider: I slime or settlement ponds into adjacent the potential economic impacts, as a waterways result of this proposal proceeding, on the the potential for the proposal to increase availability and cost of building or the flood liability of surrounding land; the construction material and on the recycling I assessment of potential impacts of any of building and construction wastes; increased flooding levels market demand; an analysis of regional any proposed flood mitigation measures supply; future demand for the types of I that may influence the impacts of the material present on the site proposal on the environment. flow-on costs from the need to upgrade any infrastructure; the offset of s. 94 For quarries located in areas of other natural risks contributions or other contributions for the I including high bushfire risk, the following issues provision or upgrading of infrastructure should be considered: any additional employment as a result of a) an assessment of the risks given the climate, the proposal I surrounding topography, vegetation, geological the potential impact on property values formation and on-site management practices b) any proposal for a performance bond - any b) an assessment of the likely performance of the bond could consider failure of safeguards I quarry and potential environmental impacts resulting in a significant environmental impact. during exposure to natural hazards, taking into consideration: 13. Cumulative issues design and layout I protocols to reduce the risks of on-site Cumulative impacts may result from a number of fires including firebreaks; provision for activities with similar impacts interacting with firefighting on the site including access, the environment in a region. They may also be I water supply and firefighting equipment caused by the synergistic and antagonistic effects provision for training and maintenance of different individual impacts. They may be due c) hazard mitigation measures - these will be to the temporal or spatial characteristics of the dependent upon the extent of the hazards activities and impacts. Issues to consider that I identified, relate to extractive industry proposals include: identifying other existing extractive 11. Social and health issues industries in the area or on the site within the I last five years; identifying other forms of For extractive industries located to result in industry in the vicinity potential impacts on residential communities, the extent to which the surrounding I the following issues should be considered: environment is already stressed by existing social impacts as a result of changes in development; the potential for cumulative employment patterns impacts from: I social impacts resulting from changes in the other existing extractive industry amenity of the area activities in the area/region other activities with similar impacts I impacts on the health of the community from

27 Department of Urban Affairs and Planning September 1995 Extractive Industries - Quarries

c) any advantages or disadvantages from An environmental management clustering industry in the area considering the environmental characteristics and rehabilitation plan dl any likely long-term and short-term An Environmental Management and cumulative impacts having regard to air Rehabilitation Plan (EM&RP) is a document quality, noise or traffic disturbance, visual designed to ensure that the commitments in the impacts, surface water and groundwater issues, EIS, subsequent assessment reports, and approval public health or loss of heritage items, or licence conditions are fully implemented. It is vegetation or fauna habitat a comprehensive technical document which is e) consideration of the receiving environment's usually finalised during or following detailed ability to achieve and maintain environmental design of the proposal after approval of the objectives. development application. It should take into consideration any existing plan of management for the whole extractive industry resource. It List of approvals and licences should provide a comprehensive framework for All approvals and licences required under any managing or mitigating environmental impacts legislation must be identified. This is to alert for the duration of the quarry's operation. other relevant authorities as early as possible to Although the level of detail required for an their potential involvement in the project and to EM&RP, is usually not considered necessary for ensure an integrated approach to the granting of the EIS or SEE, the documents should contain a approvals. This list also identifies for the comprehensive outline of the structure of the community, the relevant authorities involved in EM&RP, including the environmental the assessment and regulation of the proposal. management principles which would be followed when planning, designing, constructing and operating the proposal. It should be noted that Compilation of with key issues, where there are high levels of mitigation measures risk or uncertainty, it may be essential to present details of how these issues would be managed in A critical component in the EIS is the mitigation the EIS. At the development approval stage, it is strategy which demonstrates how the proposal and essential for the applicant to establish that the its environmental safeguards would be implemented environmental impacts can be managed in an and managed in an integrated and feasible manner. It integrated and feasible manner. is also essential to demonstrate that the proposal is With major or controversial projects, it may be capable of complying with statutory obligations appropriate to: under other licences or approvals. establish a community committee to consult The mitigation strategy should include the in relation to the ongoing management and environmental management principles which monitoring of the proposal would be followed when planning, designing, plan to exhibit an annual environmental establishing and operating the proposal, and include: management report outlining the environmental performance of the proposal. specific locational, layout, design or technology features (which are described under The EM&RP should provide a framework for each of the key issues) and managing or mitigating environmental impacts an outline of ongoing management and for the life of the proposal. It should also make monitoring plans. provisions for auditing the effectiveness of the proposed environmental protection measures and Mitigation strategies for the establishment and procedures. Two sections should be included, one operation stages of the project should be setting out the program for managing the proposal distinguished and in some circumstances, separate (section a. below), and the other outlining the environmental management plans prepared. monitoring program with a feedback loop to the management program (section b. below).

28 Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I

I a) Outline of an environmental management and noise and dust rehabilitation plan any relevant public health indicators The management strategy should demonstrate ii) waste management; performance indicators I sound environmental practice during the in relation to recycling and reuse establishment, operation, rehabilitation and end ui) monitoring of complaints received use of the quarry facility, including: The program outline should describe the H 1) management of site establishment impacts; if following monitoring details: appropriate, erosion and sedimentation the key information that will be monitored, management and revegetation plans for areas disturbed by activities its criteria and the reasons for monitoring I (which may be compliance with regulatory ii) management of operational impacts; if requirements) appropriate, include: the monitoring locations, intervals and stockpile management duration I management of explosive, chemicals and iii)procedures to be undertaken if the monitoring fuel and their use indicates a non-compliance or abnormality water, dust and erosion management internal reporting and link to management transport management I practices and action plans maintenance and site security plans reporting procedures to relevant authorities contingency plans to respond to and, if appropriate, to the consent authority emergencies, incidents or any breakdown and the community. I in environmental performance iii)progressive rehabilitation of the site and final end use H. Justification for the proposal I strategies to feed information from the monitoring program back into the Reasons should be included which justify management practices and action plans to undertaking the proposal in the manner proposed, I improve the environmental performance and having regard to the potential environmental sustainability of all components of the impacts, and compliance with the principles of proposal ecologically sustainable development. training programs for operational staff and The principles of ecologically sustainable I incentives for environmentally sound development are: performance the precautionary principle - namely, that if an indication of how compliance with licensing and approval requirements will be there are threats of serious or irreversible I environmental damage, lack of full scientific achieved and due diligence attained certainty should not be used as a reason for vii)if applicable, a reporting mechanism on postponing measures to prevent environmental environmental performance and performance degradation I bond and relevant performance parameters. inter.generational equity - namely, that the b) Monitoring outline present generation should ensure that the I This program should be carefully designed and health, diversity and productivity of the related to the predictions made in the EIS and the environment is maintained or enhanced for the key environmental indicators which would benefit of future generations demonstrate the potential ecological conservation of biological diversity and I sustainability of the proposal. The EIS should ecological integrity outline the need for and use of any proposed improved valuation and pricing of monitoring, monitoring intervals and reporting environmental resources. I procedures. The sustainability of the proposal should be Parameters which may be relevant include: outlined in terms of the ability of the proposal to: i) performance indicators in relation to meet project objectives I critical operational issues including: demonstrate efficiency and sound quality of water discharged environmental performance in resource I

29 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries I

I management to meet the short- and long-term community requirements for extractive material meet site specific environmental performance requirements considering the vulnerability of the groundwater, surface waters, soil, ecological communities, heritage or social factors safeguard public health.

30 I

Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I I Appendix 1. Schedule 2 I Environmental Impact Statements This appendix contains an extract from the economic and social considerations and the Environmental Planning and Assessment principles of ecologically sustainable I Regulation 1994. Schedule 2 outlines the matters development. that must be addressed in an EIS pursuant to 6 A compilation (in a single section of the clauses 51 and 84 of the EP&A Regulation. environmental impact statement) of the I A summary of the environmental impact measures referred to in item 4 d). statement. 7 A list of any approvals that must be obtained A statement of the objectives of the under any other Act or law before the development or activity. development or activity may lawfully be I carried out. 3 An analysis of any feasible alternatives to the carrying out of the development or activity, having regard to its objectives, including: Note: For the purposes of this Schedule, "the principles of ecologically sustainable I the consequences of not carrying out the development" are as follows: development or activity; and the reasons justifying the carrying out of The precautionary principle - namely, that if I the development or activity. there are threats of serious or irreversible 4 An analysis of the development or activity, environmental damage, lack of full scientific including: certainty should not be used as a reason for I a) a full description of the development or postponing measures to prevent environmental activity; and degradation. b) a general description of the environment Inter-generational equity - namely, that the likely to be affected by the development present generation should ensure that the I or activity, together with a detailed health, diversity and productivity of the description of those aspects of the environment is maintained or enhanced for the environment that are likely to be benefit of future generations. I significantly affected; and Conservation of biological diversity and c) the likely impact on the environment of ecological integrity. the development or activity, having Improved valuation and pricing of regard to: environmental resources. I the nature and extent of the development or activity; and Note: The matters to be included in item 4 (c) the nature and extent of any building might include such of the following as are I or work associated with the relevant to the development or activity: development or activity; and the likelihood of soil contamination arising iii)the way in which any such building from the development or activity; or work is to be designed, constructed I the impact of the development or activity on and operated; and flora and fauna; iv) any rehabilitation measures to be the likelihood of air, noise or water pollution undertaken in connection with the arising from the development or activity; I development or activity; and the impact of the development or activity on d) a full description of the measures the health of people in the neighbourhood of proposed to mitigate any adverse the development or activity; effects of the development or activity I any hazards arising from the development or on the environment. activity; 5 The reasons justifying the carrying out of the impact of the development or activity on the development or activity in the manner traffic in the neighbourhood of the I proposed, having regard to biophysical, development or activity; I I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

the effect of the development or activity on local climate, the social and economic impact of the development or activity; the visual impact of the development or activity on the scenic quality of land in the neighbourhood of the development or activity; the effect of the development or activity on soil erosion and the silting up of rivers or lakes; k) the effect of the development or activity on the cultural and heritage significance of the land.

32

Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I I Appendix 2. EIA procedures under the EP&A Act

I ______Approvals required Approvals required All roposals I under Part 4 under Part 5 I Development approval required No development approval required Consult Schedule 3 and other Assessment of the likely significance I relevant planning instruments of any potential impacts

tatio\, Likely to Not likely to I Not designated Designated rwith mmunity \ significantly significantly development development i and government 2 affect the affect the I environment environment

Appropriate APsPur=te ltDirector I information EIS prepared General of Urban information e g. Statement of - EIS prepared e.g. Review of Affairs and /1 Environmental Planning Environmental Effects Factors I

Opportunity for Possible I Possible I Exhibit EIS4 public review Exhibit EIS exhibition of exhibition of and comment

Submissions from Submissions from Submissions government Minister may call government Submissions I authorities and authorities and considered a Commission of considered public mtjstbe Inquiry public must be considered considered

I DECISION DECISION DECISION DECISION Appeal rights Appeal rights Appeal rights Appeal rights I under s. 123 under s. 98 under s. 123 under s. 123 5 and s.123 LI 33 1 Department of Urban Affairs and Planning I September 1996 Extractive Industries - Quarries I Appendix 3. Threatened Species Conservation Act

This appendix contains an extract from the disrupted such that a viable local population Threatened Species Conservation Act 1995 and of the species is likely to be placed at risk of the provisions for assessing impacts on the extinction, conservation of critical habitats and threatened in the case of an endangered population, species, populations or ecological communities whether the life cycle of the species that and their habitats. constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly What are critical habitats, compromised, threatened species, populations or in relation to the regional distribution of the habitat of a threatened species, population or ecological communities and ecological community, whether a significant threatening processes? area of known habitat is to be modified or removed, Critical habitats are prescribed in Part 3 of the whether an area of known habitat is likely to Threatened Species Conservation (TSC) Act 1995. become isolated from currently Threatened species, populations or ecological interconnecting or proximate areas of habitat communities and threatening processes are for a threatened species, population or prescribed in Part 2 and Schedules 1 and 2 of ecological community, the TSC Act. whether critical habitat will be affected, whether a threatened species, population or ecological community, or their habitats, are When is a Species adequately represented in conservation Impact Statement required? reserves (or other similar protected areas) in the region, Under section 77 (3) (dl) and section 112 (113) of whether the development or activity proposed the EP&A Act, if a proposal: is of a class of development or activity that is is on land that contains a "critical habitat" or recognised as a threatening process, is likely to significantly affect threatened whether any threatened species, population or species, populations or ecological ecological community is at the limit of its communities, or their habitats, known distribution. a species impact statement (SIS) must be prepared in accordance with Division 2 of Part 6 of the TSC Act. Form and content of an SIS Under section 110 of the TSC Act, the general requirements on the form and content of an SIS Factors when deciding are as follows. if an SIS is required General information The following factors must be taken into account in deciding whether there is likely to be a 1. A species impact statement must include a full signilicant effect on threatened species, populations description of the action proposed, including its or ecological communities, or their habitats: nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the a) in the case of a threatened species, whether information referred to in this section. the life cycle of the species is likely to be

34 Department of Urban Affairs and Ptanning LI September 1996 Extractive Industries - Quarries I

I Information on threatened a list of any approvals that must be species and populations obtained under any other Act or law before the action may be lawfully carried A species impact statement must include the out, including details of the conditions of I following information as to threatened species any existing approvals that are relevant to and populations: the species or population. a general description of the threatened I species or populations known or likely to be present in the area that is the subject of Information on ecological communities the action and in any area that is likely to 3. A species impact statement must include the I be affected by the action, following information as to ecological an assessment of which threatened species communities: or populations known or likely to be a general description of the ecological present in the area are likely to be affected community present in the area that is the I by the action, subject of the action and in any area that for each species or population likely to be is likely to be affected by the action, affected, details of its local, regional and for each ecological community present, I State-wide conservation status, the key details of its local, regional and State-wide threatening processes generally affecting conservation status, the key threatening it, its habitat requirements and any processes generally affecting it, its habitat recovery plan or threat abatement plan requirements and any recovery plan or any E applying to it, threat abatement plan applying to it, an estimate of the local and regional a full description of the type, location, abundance of those species or populations, size and condition of the habitat of the I a general description of the threatened ecological community and details of the species or populations known or likely to distribution and condition of similar be present in the area that is the subject of habitats in the region, the action and in any area that is likely to a full assessment of the likely effect of the I be affected by the action, action on the ecological community, a full description of the type, location, including, if possible, the quantitative size and condition of the habitat effect of local populations in the -J including critical habitat) of those species cumulative effect in the region, and populations and details of the a description of any feasible alternatives distribution and condition of similar to the action that are likely to be of lesser habitats in the region, effect and the reasons justifying the I a full assessment of the likely effect of the carrying out of the action in the manner action on those species and populations, proposed, having regard to the including, if possible, the quantitative biophysical, economic and social I effect of local populations in the considerations and the principles of cumulative effect in the region, ecologically sustainable development, a description of any feasible alternatives a full description and justification of the I to the action that are likely to be of lesser measures proposed to mitigate any adverse effect and the reasons justifying the effect of the action on the ecological carrying out of the action in the manner community, including a compilation (in a proposed, having regard to the single section of the statement) of those I biophysical, economic and social measures, considerations and the principles of a list of any approvals that must be ecologically sustainable development, obtained under any other Act or law a full description and justification of the before the action may be lawfully carried I measures proposed to mitigate any adverse out, including details of the conditions of effect of the action on the species and any existing approvals that are relevant to populations, including a compilation (in a the ecological community. I single section of the statement) of those measures, I 35 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

Credentials of persons undertaking an SIS Procedures for preparing an SIS A species impact statement must include Under Section 111 of the TSC Act, the Director- details of the qualifications and experience in General of National Parks and Wildlife must be threatened species conservation of the person consulted in writing for the requirements for an preparing the statement and of any other person SIS. These requirements must be provided within who has conducted research or investigations 28 days from when a request is made. relied on in preparing the statement. Because of the circumstances of the case, the State-wide conservation status Director-General of National Parks and Wildlife may limit or modify the extent of matters The requirements of subsections (2) and (3) prescribed in Section [above] in relation to information concerning 110. In other cases if the the State-wide conservation status of any impacts are considered to be trivial or negligible, the Director-General of National Parks and species or population, or any ecological Wildlife may dispense with the requirement for community, are taken to be satisfied by the an SIS to be prepared. information in that regard supplied to the principal author of the species impact An SIS may be prepared as a separate document or statement by the NPWS, which information incorporated in an EIS. If the SIS is separate to that Service is by this subsection authorised the EIS, it must be exhibited concurrently with and required to provide. the EIS. The SIS must be in writing and be signed by the principal author of the document and the applicant/proponent.

36 I Department of Urban Affairs and Planning September 1996 Extractive Industries - (luarries 1 I Appendix 4. Consultation and approvals I

It is the responsibility of the person preparing the Coastal and Rivers Management regarding EIS to determine what approvals will be required flooding and coastal areas; I as a result of the proposal and to demonstrate Water Services Policy regarding approvals under that the proposal can meet all approval and the Local Government Act 1993 licensing requirements. In preparing the EIS, relevant service authorities such as water, consultation with relevant parties should be electricity, gas, telecommunication, drainage, undertaken early in the EIA process and their flood mitigation, sewerage or other utility comments taken into account in the EIS. organisations Approvals or consultation which may be required I National Parks and Wildlife Service if land include: clearing or impacts on natural vegetation are local councils for development approvals under likely, particularly in relation to the provisions of I Part 4 of the EP&A Act and any building approval the Threatened Species Conservation Act; or if under the Local Government Act 1993, also for sites of Aboriginal heritage significance or land any alteration to local roads or buildings or trees managed by the Service are likely to be affected of local heritage significance I NSW Fisheries if fish or fish habitat is affected Department of Urban Affairs and Planning for including dredging or reclamation works, concurrence if the proposal impacts on SEPP 14 impeding fish passage, damaging marine I - Coastal Wetlands, SEPP 26 - Littoral vegetation, desnagging, use of explosives or other Rainforest, potential or actual koala habitat dangerous substances in or adjacent to a under SEPP 44 - Koala Habitat Protection waterway which may result in fish kills) P Environment Protection Authority for air, water NSW Agriculture if the proposal is on land with and noise licences, approvals and certificates of high agricultural value or will cause dislocation registration under relevant pollution control to the agricultural industry legislation; regulation of waste generation, NSW Health Department with regard to the k transportation and disposal; licences for transport potential health hazard caused by the operation of dangerous goods under the Dangerous Goods and siting of the facility Act; licences for chemicals subject to chemical I control orders under the Environmentally WorkCover for responsibilities regarding handling Hazardous Chemicals Act of dangerous goods and hazardous substances Department of Land and Water Conservation Heritage Council of NSW if the proposal is likely I Soil and Vegetation Management for information to affect any place or building having State on soils; design and construction of erosion and heritage significance or if the proposal is affected sediment conxrols and rehabilitation; approvals by Interim Conservation Orders (ICO) or I on protected lands; Permanent Conservation Orders (PCO) State Lands Services regarding effect of Department of Aboriginal Affairs if the proposal development on any Crown land; for leasing, is in an area of significance to the Aboriginal licence, or purchase; whether the land is subject community I to Aboriginal land claim or Native Title legislation; if Crown Reserves and dedicated Department of Mineral Resources if a resource lands exist, whether the proposal is compatible management plan applies or if the proposal is in an I with the stated public purpose; area of important mineral resources, concerning its State Water Management regarding impact on responsibilities under Sydney REP No 9 - ground or surface water resources, clearing Extractive Industry, and for safety and blasting I riparian vegetation; works within 40 metres of a Mining Subsidence Board if the proposal is in an Stream; underground mining area I 37 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

State Rail Authority (SRA) if the proposal impacts on SRA operations

Office of Marine Safety and Port Strategy on any activities on navigable waters

Roads and Traffic Authority if the proposal is likely to result in significant traffic impacts State Forests of NSW in relation to impacts on State Forests

Department of Bushfire Services if the area is in a location of bushfire hazard

Catchment Management Committees or Trusts Local Aboriginal Land Councils relevant industry organisations

Commonwealth EPA, if Commonwealth land is likely to be affected or if Commonwealth funding applies the owner or operator of any nearby airports and airport safety organisations.

38 I Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries 1 I Appendix 5. References 1-1

The following are some references that may be of Environment Protection Authority 19951 I assistance to those preparing EISs. This list is by Assessing and Managing Acid Sulfate Soils, EPA, no means exhaustive. Sydney APHA 1992) Standard Methods for the Environment Protection Authority (1994) LI Examination of Water and Wastewatcr including Environmental Noise Control Manual, EPA, Bottom Sediments and Sludges. 18 ed., New Sydney York: American Public Health Association, Gilpin, A. (1995) Environmental Impact American Society Water Works Association and Assessment: Cutting Edge for the 21st Century I the Water Environment Federation Cambridge Press, Melbourne. Australian and New Zealand Environment and Harden, G.J., (1990) Flora of New South Wales. Conservation Council (ANZECC) (1992) Volumes 1-4, New South Wales University Press k Australian Water Quality Guidelines for Fresh and Marine Waters James, D. (1994) Application of Economic Techniques in Environmental Impact Briggs, J. D. and Leigh, J. H. (1988) Rare or Assessment, paper prepared for ANZECC U Threatened Australian Plants, (P.OTAP) Special Publication 14, NPWS, Canberra, ACT James, D. and Boer, B., (1988) Application of Economic Techniques in Environmental Impact Cox, G. (1994) Social Impact Assessment, Office Assessment, Preliminary Report, Australian I on Social Policy, NSW Social Policy Directorate Environment Council CSIRO, (1993) Treatment and Containment of McDonald, R.C., Isbell, R.F., Speight, J.G., Potential Acid Sulphate Soils. Formation, Walker, J. and Hopkins, MS., (1990) Australian L distribution, properties and management of Soil and Land Survey Field Handbook, Inkata potential acid sulphate soils, I. White and M.D. Press, Melbourne Melville ed.) r National Health and Medical Research Council Department of Planning (1992a) Hazardous (1994) National Framework for Environmental Industry Planning Advisory Paper (HIPAP) No 6 and Health Impact Assessment, AGPS, Canberra - Guidelines for Hazard Analysis, Department of I Planning, NSW Northcote, K.H., (1979). A Factual Key to the Recognition of Australian Soils, CSIRO, Rellim Department of Planning (1992b) Hazardous Technical Publications, Glenside, SA Industry Planning Advisory Paper (HIPAP) No 4 I - Risk Criteria for Land Use Safety Planning, NSW Department of Conservation and Land Department of Planning, NSW Management (1992) Urban Erosion and Sediment Control Department of Planning (1994) Applying SEPP 33: I hazardous and offensive development application NSW Department of Conservation and Land guidelines, Department of Planning, NSW Management (1992) What do all the Numbers Mean? P.A. Hazelton and B.W. Murphy ed.) Department of Planning (1995) Is an EIS I required? Best practice guidelines for Part 5 of NSW Public Works Department (1986) Floodplain the Environmental Planning and Assessment Act Development Manual, NSW Government 1979, Department of Planning, NSW NSW Soil Conservation Service (1985) Guidelines I DEST (1995) Techniques to Value Environmental to Meet Requirements for In formation on Soil Resources: An Introductory Handbook and Land Stability in Proposals for Open-Cut I Mining and Rehabilitation. 29p. I

39 Department of Urban Affairs and Planning September 1996 Extractive Industries - Quarries

NSW Treasury (1995) Guidelines for Economic Assessment

Social Policy Directorate (1995) Techniques for Effective Social Impact Assessment: A practical guide

Urban Stormwater Pollution Taskforce (1994) Urban Storm water Pollution Control - Construction Guidelines

York, A., Binns, D. and Shields, J., 1991). Flora and Fauna Assessment in NSW State Forests, Survey Guidelines, procedures for sampling flora and fauna for Environmental Impact Statements, Forestry Commission of NSW

40 I Department of Urban Affairs and Planning September 1996 Extractive Industries - (luarries I I Appendix 6. Schedule 3 U Designated development

This appendix is an extract from Schedule 3 of ii) Western Division Regional Environmental P the EP&A Regulation 1994 and prescribes Plan No. 1 - Extractive Industries; or extractive industries which are designated under b) maintenance dredging involving the removal Part 4 of the EP&A Act. This designation only of less than 1,000 cubic metres of alluvial applies to proposals which require development material from oyster leases, sediment ponds or I consent under the provisions of a planning dams, artificial wetlands or deltas formed at instrument. stormwater outlets, drains or the junction of Extractive industries that obtain extractive creeks with rivers provided that: I materials by methods including excavating, the extracted material does not include dredging, tunnelling or quarrying or that store, contaminated soil or acid sulphate soil; or stockpile or process extractive materials by any dredging operations do not remove methods including washing, crushing, sawing or any seagrass or native vegetation; or I there has been no other dredging within separating and: 500 metres during the past 5 years; or obtain or process for sale, or reuse, more than c) extractive industries undertaken in accordance I 30,000 cubic metres of extractive material per with a plan of management such as river, annum; or estuary, land or water management plans) 2) disturb or will disturb a total surface area of provided that: more than 2 hectares of land by: i) the plan is: I clearing or excavating; or prepared in accordance with guidelines constructing dams, ponds, drains, roads or approved by the Director of Planning conveyors; or and includes consideration of I storing or deposition overburden, cumulative impacts, bank and channel extractive material or tailings; or stability, flooding, ecology and 3) are located: hydrology of the area to which the plan L a) in or within 40 metres of a natural applies; and waterbody, wetlands or an approved by a public authority and environmentally sensitive area; or adopted by the consent authority; and b) within 200 metres of a coastline; or reviewed every 5 years; and h c) in an area of: ii) less than 1,000 cubic metres of extractive contaminated soil; or material is removed from any potential acid sulphate soil; or extraction site that is specifically I d) on land that slopes at more than 18 described in the plan; or degrees to the horizontal; or d) continued operations within the meaning of e) if involving blasting, within: State Environmental Planning Policy No. 37 - 1,000 metres of a residential zone; or Continued Mines and Extractive Industries in I 500 metres of a dwelling not associated respect of which an application for with the development; or development consent has been made before the f) within 500 metres of the site of another end of the moratorium period prescribed under I extractive industry that has operated that Policy; or during the last 5 years. e) the excavation of contaminated soil for This designation of extractive industries does not treatment at another site; or I include: f) artificial waterbodies, contaminated soil treatment works, turf farms, or waste a) extractive industries on land to which the following environmental planning instruments management facilities or works, specifically apply: listed elsewhere in this Schedule. i) Sydney Regional Environmental Plan No. 11 - Penrith Lakes Scheme; I

41 Department of Urban Affairs and Planning I September 1996 Extractive Industries -Quarries I I Are alterations or additions ii) rehabilitation or restoration of any designated development? disturbed land; and iii)the number and nature of all past I Is there a significant increase changes and their cumulative effects; and in the environmental impacts b) the likely impact of the proposed of the total development? alterations or additions having regard to 1. Development involving alterations or factors including; additions to development whether existing or the scale, character or nature of the approved) is not designated development if, in proposal in relation to the I the opinion of the consent authority, the development; and alterations or additions do not significantly the existing vegetation, air, noise and increase the environmental impacts of the water quality, scenic character and total development that is the development special features of the land on which I together with the additions or alterations) the development is or is to be carried compared with the existing or approved out and the surrounding locality; and development. the degree to which the potential environmental impacts can be Factors to be taken into consideration: predicted with adequate certainty; and iv) the capacity of the receiving 2. In forming its opinion, a consent authority is environment to accommodate changes to consider: in environmental impacts; and a) the impact of the existing development c) any proposal: having regard to factors including: to mitigate the environmental impacts i) previous environmental management I and manage any residual risk; and performance, including compliance with: to facilitate compliance with relevant conditions of any consents, licences, standards, codes of practice or guidelines leases or authorisations by a public I published by the Department of [Urban authority; and Affairs and) Planning or other public any relevant codes of practice; and authorities. I

42 I I

I Environment P r o t e c t i o n The Director-General A u t h o r i t y LII Department of Urban Affairs and Planning New South Wales Box 3927 GPO NSW Government Otflces SYDNEY NSW 2001. 117 Bull Street Newcastle West NSW 2302 Attention: Julia Sneddon PG Box 488G Newcastle NSW 2300 I Tel 02 4926 9971 Fax 02 4929 6712 Our Reference: 270158A22 KM I Your Reference: N98/00234 I 27 U3i Contact: Karen Marler

I Dear Sir,

PROPOSED SAND AND GRAVEL EXTRACTION OPERATIONS, GOSFORTH, I MAITLAN D.

I refer to your letter of 14 August 1998 seeking the Environment Protection Authority's I (EPA) requirements for an EIS for the proposed sand and gravel extraction operation off Anambah Road, Gosforth. ri It is understood that the development application will be considered under the new provisions for "integrated development" made under the Environmental Planning and Assessment Act 1979.

I Proposal

The EPA broadly understands that Mr Robert Smith (the applicant) proposes to quarry up Li to 146,000 tonnes of sand and gravel per year at the site. A screening process will separate the sand and gravel and trucks will be used to transport the material off site.

I The site for the facility is located at Lot 1 DP 569007 adjacent to the Hunter River at Gosforth. Over the life of the operation, it is expected that approximately 250,000 cubic metres of sand and gravel will be extracted. The EPA further understands that a buffer I distance of approximately 200 metres will be provided from the extraction and screening operation to the Hunter River. I General EIS reauirpments The EIS should be prepared in accordance with the Department of Urban Affairs and Planning's (DUAP) EIS Practice Guideline: Extractive Industries - Quarries and EIS I Practice Guideline: Extractive Industries - Dredging which detail the general environmental I issues that should be addressed. I ri

Page2 I Specific Information Required by the EPA

To fully assess the development in so far as the impacts relate to the EPA's statutory responsibility under the provisions of the environmental legislation administered by the EPA such as the Clean Air Act, Noise Control Act, Clean Waters Act and the Waste Minimisation and Management Act and, if appropriate, to provide its general conditions of consent the EPA requires the EIS to address in detail the following issues.

Air Quality Issues

The EIS must include a detailed Air Quality Impact Assessment (AQIA) to identify and describe in detail all possible sources of dust and transient activities with the potential to cause dust emissions beyond the boundary of the development site during the establishment and operational phases of the development.

Dust deposition and particulate emissions should be assessed under average and worst case meteorological conditions using the following criteria:

dust deposition in residential areas (where applicable) a maximum of 4 grams/m2/month (expressed as an annual mean); dust deposition in other areas a maximum of 5 grams/m2/month (expressed as an annual mean); total suspended particulates 90ugIm3 (mean annual concentration) (NHMR guideline).

The AQIA must describe the methodology used and any assumptions made to predict the impacts and take into account cumulative impacts associated with any existing gravel extraction operations in the area.

Dust emission rates, ambient air quality data and meteorological data used in the assessment must be clearly stated and justified.

If the emission of air pollutants are predicted to exceed the statutory requirements of the Clean Air (plant and equipment) Regulation or ambient air quality is not expected to meet the above-mentioned air quality goals the EIS must describe in detail the measures proposed to mitigate the impacts and quantitatively the extent to which the mitigation measures are likely to be effective in achieving the relevant criteria.

Surface water runoff from material extraction, screening and stockpile areas and transport routes has the potential to impact on water quality in the Hunter River.

The EIS must characterise the quality of stormwater to be drained from the development site and propose measures to mitigate against impacts on water quality in Hunter River. The EPA has adopted the Australian and New Zealand Environment Conservation Council Water Quality Guidelines for Fresh and Marine Waters (ANZECC, 1992) as a guide for the assessment of environmental impacts on aquatic ecosystems.

The methodology, data and assumptions used to assess the potential impact of the development on water quality in the Hunter River or to design pollution control works must be fully documented and justified. J Page3

If it is proposed to build an amenities block for site employees the EIS should describe the sewage treatment and effluent management process, estimate the quantity and quality of the effluent, and demonstrate, by way of water balance and land capability assessment I that the on-site effluent management system is sustainable and will not result I pollution of the Hunter River. I Noise emissions TheEIS should identify all potential noise sources and describe the extent to which noise emissions are likely to impact on any residential receivers in the vicinity of the site. Chapters 19, 20 and 21 of the EPA's Environmental Noise Control Manual (EPA, 1994) provides a guide to the methodology and assessment criteria preferred by the EPA to determine noise planning levels.

Background noise levels should describe the lowest repeatable LA90, 15 minutes over the monitoring period (typically 3 to 7 days) and including a period of attended monitoring.

The assessment should be done under meteorological conditions that would be expected tooccur in the area for significant periods of time. The meteorological conditions may include calm or windy conditions and temperature inversions. The effects of each of these phenomena should be assessed to determine the full noise impact. Measured or estimatedpercentage occurrences of temperature inversions for the area or likely occurrences of wind that could enhance noise should be provided.

The evaluation should take into account the construction and operational phases of the I development over the "operating" hours proposed.

Sound power levels measured or estimated for all plant and equipment should be clearly I stated and justified. Road Traffic Noise

I Road transport of the screened materials has the potential to increase disturbance at residential properties along private or public haulage routes. To assess the extent of the impact the Noise impact assessment (NIA) should identify the transport route(s) to be I used, the hours of operation and quantify the noise impacts. Chapter 157 of the ENCM describes the methods generally applied by the EPA to determine noise planning levels for I road traffic noise in locations of varying sensitivity. The methodology, data and assumptions used to assess the impact of road haulage on I residential properties must be fully documented and justified. Where disturbance due to road transport is likely to exceed the criteria recommended in Chapter 157 of the ENCM the EIS must describe the measures proposed to mitigate the I impacts and the extent to which the measures are likely to be effective in achieving the relevant criteria. I Waste Management The EIS must identify any fuel or chemical storage areas to be established on the site and describe the measures proposed to minimise the potential for leakage or the migration of I pollutants into the soil or the Hunter River. I I Page4 I Monitoring Programs

The EIS should include a detailed assessment of any noise, air quality or water quality monitoring required during the constriction phase and on-going operation of the facility to ensure that the development achieves a satisfactory level of environmental performance The evaluation should include a detailed description of the monitoring strategies, sample analysis methods and the level of reporting proposed.

Protection of the Environment Operations Act 1997 (POEO)

The Protection of the Environment Operations Act, 1997 (POEO) is expected to come into effect towards the end of this year. POEO will consolidate much of the existing environmental legislation, including the regulatory provisions of the WMMA. Crushing, grinding or separating works that have an intended processing capacity of more than 30,000 tonnes per year are scheduled activities under POEO and are required to be licensed by the EPA. This will mean that licences issued under the Clean Air Act 1961 prior to POEO will be converted by the EPA to an 'Environment Protection Licence' under POEO at the appropriate time. The EIS should clarify if the development will exceed the above-mentioned licensing threshold.

If construction of pollution control works is expected to commence prior to the introduction of POEO the proponent is also required to obtain Pollution Control Approval (PCA) from the EPA prior to work commencing.

The proponent should also be aware that any commitments made in the EIS may be formalised as a requirement of the EPA's general terms of approval or Pollution Control Licence. Consequently, pollution control measures should not be proposed if they are impractical, unrealistic or beyond the financial viability of the development.

If you have any questions concerning the EPA's requirements please contact Karen Marler on (02) 49269985 or alternatively the undersigned on (02) 49269665.

Yours sincerely,

GRAHAME CLARKE Head Regional Operations Unit - Hunter for Director-General I

your ref: 58058101 our ret: ER 851

I PROJECT MANAGER ERM MITCHELL MCCOTTER, (THORNTON) LAND & WATER I CONSERVATION P0 BOX 71, THORNTON 2322

I ATTENTION: Ms. L. Shelly Thursday, 30 July, 1998

Dear Madam SAND AND GRAVEL EXTRACTION, GOSFORTHI REQUIREMENTS FOR EIS

I I refer to your letter dated 23 June 1998 requesting this department's comments in regard to the above proposal. I apologise for the delay, but the department has now reviewed this matter and provides the following information addressing the principle issues: I CROWN LAND ISSUES

I Potential Impacts

The EIS needs to consider any potential impacts the development proposal may have on the currentlfuture use, management or amenity of any Crown lands, as defined by the Crown Lands Act, 1989 that may be I directly or indirectly affected by the proposal.

I Adjoining Crown Land Should the development site adjoin Crown land which has recognised natural recreation, conservation and environmental protection values the Department requests that the EIS address the protection of these values. I Construction activity should not impinge on the Crown land in any way, including destruction of vegetation or use for storage or marshalling area without the prior permission of this department.

I Crown Public Roads

Should the proposal include or directly affect any Crown public roads it is the responsibility of the proponent to I obtain all necessary approvals in terms of the Roads Act 1993. There is a need to preserve and maintain continuity of access to the Crown road network for use by the public and affected property owners.

VEGETATION I The proponent should determine if the Native Vegetation Conservation Act (1997) is applicable to the proposal and if so apply to have vegetation cleared under permit. I GROUNDWATER ISSUES

The area proposed for this development is located on a highly vulnerable groundwater resource. The EIS must address issues relating to; groundwater quantity (any groundwater extractions or dewatenng proposed) .potential impacts on the quality (and strategies to minimise ...) short or long term impacts on the river or any other dependent eco-systems.

DLWC require a contingency plan to be developed to rehabilitate the aquifer, if it is degraded below its original I value as a result of the operation.

I All existing and proposed excavations below groundwater level must have a licence from this department.

RIVER CORRIDOR MANAGEMENT

The correspondence does not clearly show the location of the proposal, and therefore, does not allow the department to specifically state its requirements for inclusion in the EIS. The EIS should however identify the proposed operation in terms of its impact on the river corridor, including:

The extent of bank clearing and any riverbank relocation or modification required The extent of undisturbed riverbank on the site, and the width of riverbank to be left undisturbed during the lifetime of the operation. The effective width of buffer area available to minimise the release of turbid or nutrient enriched waters from the site. The buffer width must be discussed in terms of its hydraulic function and in terms of water quality control. If the excavation is within 40 metres of the river bank a Part 3A permit will be required in accordance with the Rivers and Foreshores Improvement Act (1948).

SURFACE WATER MANAGEMENT

The EIS must clearly present a water balance for the site, including all sources of water to the operation, storage and disposal methods for water from the site.

A nutrient balance must be developed for the site to demonstrate that any fertiliser applications will not permit eutrophication of site or river waters adjacent to the site.

GEOMORPHOLOGY & HYDROLOGY

If the excavation is within 40 metres of the Hunter River, the consultant must provide a geomorphology and hydrology study to assess the impact of the excavation on the stability of the Hunter River and its environment.

SAND AND GRAVEL EXTRACTION ISSUES

The EIS should include:

* material description, extraction rates, extraction methods and processing. * description of site features such as topography and adjacent infrastructure. * distance from the extraction site to watercourses and wetlands. Precautions with regard to contamination of watercourse and wetland. * extraction plan including site layout, stockpile processing and handling areas, topsoil removal and storage provisions, erosion control measures, site drainage, setbacks and buffer strips, access, flood hazard management provisions (if appropriate), protection of sensitive areas. * operation plan showing staging or sequencing of extraction and stockpiling and processing areas. * rehabilitation plan showing finished topography and landscaping.

The impact of the proposal should be assessed with regard to:

* changes to flood hydrodynamics. * changes to drainage paths. * water quality (including turbidity) of the Hunter River.

I trust the above information is of assistance in regard to your consideration of this proposal. Should there be any further enquiry in this matter, please contact Mr Jeff Hunt, Resource Planning Manager, at our Newcastle Office on 02 49299850.

Yours Fa

Resource Planning Manager Assessment and Planning, Hunter Region

Roads and Traffic 307.5395/98 Authority New South Wales I Mr B J Bradley Tel: (02) 49 240 332 Fax: (02) 49 240 342 R T A I co1in_nunnrta.nsw.gov.au Cate Rec€ave - 7 $Ourca: I ERM Mitchell McCotter Data 61t.. . . P 0 Box 71 D03 l. THORNTON NSW 2322 I www.rta. n sw.gov.au

('l.•- ':

Hunter Region I SO Darby Street Attention: Liz Shelly (Lacked Bag 30) Newcastle NSW 2300 Telephane 02) 4924 0240 I Facsmile (02) 4924 0347 ENVIRONMENTAL IMPACT STATEMENT FOR PROPOSED SAND DX 78 13 Newcastle AND GRAVEL EXTRACTION QUARRY, ANAMBAH ROAD I GOSFORTH.

I Dear Sir

I refer to your letter dated 23 June 1998 (your reference 58058101) regarding the preparation of I an Environmental Impact Statement for the proposed quarry at Anambah Road, Gosforth. I The EIS should address the following issues: a) The potential noise impacts for residents along the haulage route of trucks, particularly along the National Highway. This should consider the number of trucks, I their hours of operation and their frequency;

b) The potential impacts on the operation of the junction of the New England Highway I and Anambah Road, Rutherford;

c) Access onto Anambah Road should be designed in accordance with current design standards for the volume of traffic using Anambah Road, and for traffic generated by the proposed quarry. Anambah Road is an unclassified road and the design of the I access should be approved by Maitland City Council; d) The., Environmental Impact Statement should include details of the proposed volume I and type of vehicles likely to be generated by this development. Additionally, the Environmental Impact Statement should present an assessment of the origin and I destination of vehicles associated with the proposed quarry. Subject to the above being satisfactorily addressed in the Environmental Impact Statement, the proposal should be acceptable. I

g:\planning\couricils\maitland\539598-2.doc 307.53 95/98

The RTA reserves the right to comment further after the Environmental Impact Statement is submitted. 2

Yours aithfulYv

C ~urnm Development Manager ~ Z~/~ -(/ Hunter Region

g:\pIanning\counciIs\majtIand\5395982oc I L-M Mitchell McCotter Quality System Referred to I L Ref. No.1 SOc8 Date Received 24 JUL 1998 Li Source: NPw NSW Yes No Data swtab4lfly check required NATIONAL Liz Shefly Data is: PARKS ANI I Project Manager current WILDLIFE ERM Mitchell McCotter Applicable to project SERVICE P0 Box 71 Checked by: . THORNTON NSW 2322 Attach explanation for no' answers or data I problems Snature...... Datu: I Project Manager

Our ref: 97/548 I Your ref: 56058101 I Dear Ms Shelly I RE: EIS for sand and gravel extraction, Gosforth

Thank YOU for your letter dated 23 June 1998 in which YOU consult with the I National Parks and Wildlife Service (NPWS) on the above proposal. The NPWS has a statutory responsibility for the protection and care of native flora, native fauna and Aboriginal sites, and for the management of I NPWS reserves. Accordingly the NPWS has an interest in ensuring that potential impacts to these attributes are appropriately assessed. I The NPWS recommends that the matters referred to in the attached guidelines titled "General Guidelines for Impact Assessment" be addressed in your assessment where appropriate. These guidelines also provide information on any approvals that may be relevant under the I National Parks and Wildlife Act and a summary of the NPWS' databases which may be of assistance to you in your assessment. I The NPWS is currently finalising its guidelines for Aboriginal heritage assessment as part of the integrated development approval process, and a copy of these will be forwarded upon completion, for your information.

Please contact Katharine Sale, Environmental Planning Officer on (02) 9585-6920 if you have any questions concerning this matter. I 7.. U Yoci'rs spcerely Sydney Zone 6th Floor I 43 Bridge Street Hurstville NSW Ms Lou Ewin9' c 7 Australia Environmental Planning Man'agef P0 Box 1967 I SYDNEY ZONE Hurstville 2220 Fax: (02) 9585 6442 Tel: (02) 9585 6678 Ausrralian-rriade 100% recycled paper NSW NATIONAL PARKS AND WILDLIFE SERVICE

The National Parks and Wildlife Service (NPWS) has an interest in the potential impacts of the proposal on the following:

areas of native vegetation, areas of potential value as habitat for native fauna, sites and places of Aboriginal heritage, including areas of archaeological potential, and land dedicated under the National Parks and Wildlife Act (NP&W Act).

If these attributes are anticipated to be present in your study area and I or likely to be impacted, it is recommended that assessments by a suitably qualified person be undertaken to determine the extent of impact. Details of the qualifications and experience of the person undertaking the work should be provided. In addition, a detailed description of survey methodology including survey design, sampling methods, weather conditions, time and duration of surveys and location of survey sites and transect lines should also be provided as part of the consultant's report to council.

The matters recommended to be addressed in the assessment are as follows:

description of the proposal and the way in which the environment will be modified; map(s) placing the proposal in a regional and local setting; applicability of Local Environmental Plans, Regional Environmental Plans and State Planning Policies (including SEPP 44 and SEPP 46) to the proposal should be discussed; information on the current and past land uses of the site and that of the surrounding area; detailed description and mapping of all vegetation communities in the study area;

NPWS SYDNEY ZONE MARCH 1998

I identification of any vegetation communities or plant species which are of local, regional or state conservation significance (including threatened communities, plant species or populations listed under the Threatened Species Conservation I Act, 1995). The criteria for establishing significance should be documented; description of known or expected fauna assemblages within the study area; identification of fauna habitat likely to be of local, regional or state significance I (including habitat of threatened fauna species or populations listed under the Threatened Species Conservation Act, 1995); identification of whether there are any sites or places of cultural significance to the I Aboriginal community; mapping of the location of all Aboriginal sites (including archaeological sites and potential sites) within the study area and an assessment of the significance of I these sites; identification of habitat corridors and linkages between areas of remnant native vegetation which may assist faunal movement through the area; I prediction of the likely impact of the proposal on the above attributes (quantification of the extent of impact where practical); assessment of measures available to minimise the impact of the proposal on I these attributes and monitoring program if appropriate, and prediction of the likely impact of the proposal on land dedicated under the NP&W I Act. appropriately scaled maps which identify the location and extent of the areas of natural and cultural heritage value in relation to the area of proposed I development.

Threatened Species legislation

You are also advised that the Threatened Species Conservation Act, 1995 (TSC Act) came into effect on the 1 January 1996. The TSC Act effectively replaces the legislative scheme introduced by the Endangered Fauna (Interim Protection) Act, I 1991 and amends the way threatened species are considered under the Environmental Planning and Assessment Act, 1979 and the National Parks and Wildlife Act, 1974. I The provisions of the TSC Act should be considered when undertaking the assessment of a proposal. Information on the provisions of the TSC Act may be I obtained from the Department of Urban Affairs and Planning Circular No. A13 (12 December 1995). The NPWS has also produced Information Circulars on the TSC Act which may be obtained by contacting the NPWS' Information Centre on (02) I 9585 6528.

Aboriginal heritage and community consultation

It is recommended that an assessment be conducted of the Aboriginal cultural values I of the study area if the proposal involves disturbance to substantially unmodified ground surfaces. If the study area is considered to have archaeological potential or cultural significance then it is recommended that a survey and assessment be I undertaken in accordance with NPWS guidelines. These guidelines are contained in

I NPWS SYDNEY ZONE MARCH1998 the NPWS' publication "Aboriginal Cultural Heritage: Standards and Guidelines", which may be purchased by contacting the NPWS' Cultural Heritage Conservation Division on (02) 9585 6571.

Should Aboriginal archaeological sites be present in the study area, you should consider the requirements of the NF&W Act with regard to Aboriginal relics. Under s90 of the NP&W Act it is an offence to knowingly damage or destroy relics without the prior permission of the Director-General of the NPWS.

In assessing Aboriginal heritage values, consideration should also be given to whether the study area is likely to contain places of cultural significance to the Aboriginal community. It should be noted that places of cultural significance to the Aboriginal community are not limited to archaeological sites. An assessment of cultural significance should involve consultation with community representatives and if necessary, documentary research to establish whether there are any places of traditional or historic significance to the Aboriginal community.

Databases

The NPWS has two GIS databases which may provide information of use to you if you proceed to undertake further assessment. These are:

Atlas listing of fauna and flora records in NSW;

Aboriginal Sites register.

The material from these databases is available upon written application and the receipt of the appropriate fee. If you are interested in obtaining access to the Atlas database, please contact the Data Licensing Officer, GIS Division, on (02) 9585- 6684. Records from the Aboriginal Sites register may be obtained upon written application to the Registrar, Cultural Heritage Conservation Division, on (02) 9585- 6471.

NPWS SYDNEY ZONE MARCH 1998 I

1

I RECOMMENDED PROCESS FOR CONSIDERING THREATENED SPECIES ISSUES Fj~ (A Fauna and Flora Assessment is IF NECESSARY, COUNCIL REQUESTS DA TO BE SUBMITTED recommended if areas of native vegetation or WITH A FAUNA & FLORA ASSESSMENT potential fauna habitat are present or likely to I be impacted.)

(Significance of effect is determined through AFTER I DA SUBMITTED, COUNCIL CONSIDERS SIGNIFICANCE OF the "8 Part Test" contained in S. 5A of the EFFECT TO THREATENED SPECIES EP&A Act.)

If significant effect likely: If significant effectnot likely

COUNCIL CONSIDERS, IN CONSULTATION WITH APPLICANT, IF COUNCIL PROCEEDS TO DETERMINE IMPACTS CAN BE AVOIDED OR MITIGATED SO THAT AN SIS AND \ WITHOUT CONSULTING NPWS I NPWS CONCURRENCE ARE NOT REQUIRED.

Impacts can Impacts cannot be avoided be avoided I & a significant effect is likely- so that a significant effect is not COUNCIL INFORMS APPLICANT TO OBTAIN D-G'S SIS likely I REQUIREMENTS FROM NPWS & ON THIS BASIS, THE PROPONENT PREPARES AN SIS.

COUNCIL RECEIVES SIS AND RECONSIDERS IF IMPACTS CAN BE MITIGATED SO THAT NPWS CONCURRENCE IS NOT REQUIRED.

Impacts cannot be avoided & a significant effect is likely: I COUNCIL PROPOSES TO GRANT OR REFUSE CONSENT.

Council pm poses to grent Council refuses consent

COUNCIL REFERS DA & SIS TO NPWS FOR CONCURRENCE. COUNCIL PROCEEDS TO DETERMINE DA. I

I NPWS EITHER ISSUES OR REFUSES CONCURRENCE.

I [COUNCIL PROCEEDS TO DETERMINE DA. I

I NPWS SYDNEY ZONE MARCH1998 049348544 04/rEc98 L: 07 049348544 MINDARIBBA L4LC PAGE 01

M intl arii)ftI local Ah rin nat 1,and ( t un fil (.tHth' I c jcphmlu 1934 I (I 4 ( I1LII7'I'd Ir I '- t ui4 2323 I.() I)\ 41 \ItiIn 23.t

4th August 1998

Liz Shellay Project Officer ERM Mitchell McCotter 2$ Waterloo Ave Thornton NSW 2320

RE ENViRONMENTAL IMPACT STATEMENT

SAND & GRAVEL EXTRACTION GOSFORTH

Oc.ar Liz,

In response to your letter dazed 23 June 1998, regarding the above.

Mindaribba L.A.L.C. suggest a flail Archaeological survey be conducted on the site The work should be carried out by a suitably qualified person in conjunction with a member of Mindaribba L.A.L.0

Please contact the writer on the above number if YOU have any qucstions

ERM Mitch&I McCotter Qualtty System I

Referred to Thanking y l Date I ceved 4 AUG 1998

R (Jriffiths I suitability check required Co-ordinator Data Data C] M.LA L.C. Current AppIable to project C] C] I by- or caa At&ci a lanatloil for n0 answers - - 'b4efT...... D-at ...... I U

I MINERAL fRESOURCES I NSW DEPARTMENT OF MINERAL RESOURCES ERM Mitchell McCotter Minerals and Energy House, 29-57 Christie Street P0 Box 71 ('P.O. Box 536), St Leonards, NSW 2065. Australia THORNTON NSW 2322 Phone (02)99078883• Fax (02) 9907 8777 DX 3324 St Leonards I Attention: Ms L Shelly

Our Ref:J..9&Q245 I Your Re5101 Dear Madam,

I Preparation of Environmental Impact Statement for Decorative Sand and Gravel Extraction P Gosforth

I refer to your letter of 23rd June, 1998 seeking this Department's requirements for I an environmental impact statement (EIS) to be prepared for the abovementioned proposal.

Li Sand and gravel are not prescribed minerals under the Mining Act, 1992. Therefore, the Department of Mineral Resources has no statutory authority over the extraction of these commodities, apart from its role under the Mines Inspection Act, 1901 (as I amended) with respect to safe operation of mines and quarries. Notwithstanding the above, this Department is the principal government authority responsible for assessing the State's resources of construction materials and for I advising State and local government on their planning and management.

The resources which are the subject of this proposal are identified in the Hunter I Regional Environmental Plan 1989 as regionally significant. I The following issues should be addressed in the environmental impact statement: The amount of material available for extraction and the method or methods used to determine this amount (e.g. drilling, trenching, geophysical methods). Plans and cross-sections summarising this data, at a standard I scale, showing location of drillholes etc. and the area proposed for extraction, should be included in the EIS. Relevant supporting documentation such as drill I logs should be appended. Characteristics of the material to be produced. In particular, information on grainsize, grading, clay content and contaminants should be provided.

I An assessment of the quality of the material and its suitability for the anticipated range of applications should be given.

I Anticipated annual production, staging (if any), and life of the operation. I Alternative sources to the proposal and their availability. Transport routes. I Disposal of waste products and the location and size of stockpiles

Assessment of noise, vibration, dust and visual impacts, and proposed measures to minimise these impacts.

Proposed rehabilitation procedures during, and after completion of, extraction operations, and proposed final use of site.

Justification for the proposal in terms of local and, if appropriate, regional context.

If you have any queries on this matter please contact Mr Alan Ferguson of the Geological Survey on (02) 9901 8367.

Yours faithfully,

S.R. Lishmund for Director-General MN I NS W FISHERIES LI

I Ms Liz Shelly 6 July 1998 ERM Mitchell McCotter P0 Box 71 I THORNTON 2322

Your Ref: 58058101 I Our Ref: HV804002 I Dear Madam, Re: EIS for sand and gravel extraction at Gosforth

I Thank you for the opportunity to comment on the proposed EIS.

NSW Fisheries has several concerns with this type of development on floodplain I areas. The extraction of sand and gravel from floodplains can cause substantial damage to fish and fish habitat in the river. The loss of sediment from the site can be reduced by the use of sediment traps and fences, however, these require continual I maintenance to operate successfully. The option of maintaining a buffer zone as well is preferred. NSW Fisheries Policy and Guidelines 1998, Section 5.2.5 outline the Departments concerns and recommendations. A copy of the relevant sections of this I document are attached.

The maintenance of a buffer zone in this case is paramount due to the proximity to the I river. The Department recommends that the buffer zone be fenced and substantial tree and shrub planting be carried out before the extraction works commence. This would assist in maintaining the required buffer zone and stabilising the bank below the I works. I For further information, please contact me on (02) 4980 4931. Yoscere1 , I I Scott Carter Conservation Manager (Central) I I I

PORT STEPHENS RESEARCH CENTRE Taylors Beach Road - Taylors Beach NSW 2316 - Australia I Telephone: 02) 4982 1232 • FacsmiIe:(02) 4982 1107 Jetties and other private foreshore structures should be restrict the access of fishers. During the construction phase, constructed on well-spaced piles to allow full tidal sedimentation and severe degradation of aquatic habitats can flushing. occur.

Only non-corrosive (plastic mesh or stainless steel) Apart from the obvious changes to flow regimes, dams and swimming enclosures should be permitted, of mesh size weirs have a number of other adverse effects.They change a not less than 150 mm. lotic (running water) to a Ientic (still water) environment.The 'Soft' (e.g. vegetated) materials for mitigating effects of section of river affected may be very great (average 30 km erosion, etc., rather than 'hard' (e.g. rock wall) or and up to lOOs of km) and the dam could submerge synthetic (e.g. geotextile fabric) materials should be important habitat areas for individual fish species. used. Impoundments also act as habitats providing opportunities for alien species (e.g. carp, redfin perch), which can then 5.2.5 Guidelines for freshwater colonise headwater streams with adverse impacts upon native waterfront development species. These activities must comply with the general policy for All fish need to move between habitat areas in streams. Some Aquatic Habitat Management and Fish Conservation in are long distance (thousands of kms) migrants, and others Section I .2, and the following specific guidelines: move only a short distance.These movements are generally essential for maintaining populations. Dams and weirs act as a To the greatest extent possible, riparian vegetation barriers to the migrations of fish, and unless suitable fish should be retained in an undamaged and unaltered passage facilities are provided, breeding opportunities for condition. many native species are reduced and potentially vast areas of The recommended foreshore or river frontage buffer habitat may be made inaccessible. Some species have been distance of 50m should be increased wherever eliminated from NSW catchment areas by the building of appropriate, for example when the riparian zone is migration barriers, even small weirs. unstable, susceptible to erosion or the proposed Prolonged retention of floodwaters on pastures by structures development is particularly threatening. Buffer zones such as dams and weirs can increase the water's organic load, should be clearly delineated by fences or other decrease oxygen content, reduce pH and cause increased markers. Grazing stock should generally be excluded to temperatures. The sudden release of such poor quality water promote growth and regeneration. If it is not can result in disease (e.g. red spot or Epizootic Ulcerative possible to establish a 50 m buffer zone, a lesser Syndrome) and the death of fish, marine vegetation, oysters distance may in some cases be appropriate, providing and other organisms downstream. that the buffer is negotiated with NSW Fisheries, and subsequently managed and protected. The construction of drains through wetlands for flood mitigation purposes has a number of adverse effects on the Revegetation of disturbed areas with local native environment.The area of surface water is reduced, seriously species should be undertaken at the completion of damaging important fish and wildlife habitats such as small works and subsequently monitored to ensure successful lakes and swamps. Swamps and marshlands store floodwaters establishment. Exotic species, such as willows, should and then slowly release them as drier conditions prevail, but not be used unless there are sound justifications e.g. a drainage canals through these wetlands also increase the temporary solution in areas of rapid erosion. drainage rate, which can result in bank erosion, increasing the Mesh fences that may obstruct fish passage will not be runoff from Acid Sulfate Soil, increase turbidity and the allowed to cross waterways. deposition of sediments in the lower reaches. 5.3 DAMS, WEIRS AND 5.3.2 Legislation STRUCTURAL FLOOD Under Part 7 (8) of the Act, a person can be penalised for MITIGATION WORKS obstructing the free passage of fish. The Minister may require that fishways be provided on any 5.3.1 Background new or modified structures (including maintenance works to Barriers erected across permanent or intermittent water existing structures) such as dams, weirs, blockbanks, flood courses can prevent fish access to spawning and feeding gates, levee banks, bridges, roads, culverts, and headworks areas, fragment fish populations and interrupt genetic flow, which cross any tidal or inland river or creek. reduce flow levels below those needed for fish survival, alter See section 5.4 for specific policy for construction of bridges temperature and water quality regimes downstream, and and roads adjacent to or across waterways.

21 I I [1 The Water Quality Guidelines published by the Australia New of effluent to enclosed bodies of water with poor Zealand Environment Conservation Council (ANZECC) are flushing characteristics is not supported.Where land generally used to assess water quality.These guidelines are application is not feasible and discharge to a waterway is I being adopted as the framework for determining water the only viable alternative a high level of treatment quality objectives under the NSW Water reform Package. should be undertaken.

The NSW Government has recently commenced a major NSW Fisheries opposes any proposal to discharge I review of water quality throughout the state as part of the effluent (including waste discharge from vessels) directly water reform package.This process is being lead by the EPA, into any Marine Park,Aquatic Reserve or the habitat of and involves DLWC, NSW Fisheries, NSW Agriculture and endangered fish species, or directly into waterbodies NPWS. Interim Water Quality Objectives for all the major supporting Posidonia seagrass beds. I catchments in the state will be set following a public NSW Fisheries will oppose developments on coastal consultaton procc-ss.These will become targets for floodplains proceeding in a way that will cause exposure achievement through Catchment Management Plans and I other planning processes. of Acid Sulfate Soils and result in acidic drainage to estuaries. Under the Catchment Management Act, Catchment h NSW Fisheries opposes the spraying of waterways with Management Committees have been established for all pesticides to control aquatic plant growth where other I catchments in the state.These committees are active in viable alternatives (e.g. manual methods) exist. education and many other activities which aim to reduce water pollution, especially from diffuse sources. Many 5.5.4 Guidelines for minimising water I Landcare groups are also undertaking works such as streambank fencing and re-establishment of riparian pollution vegetation which will make a long term contribution towards Where land application of effluent by irrigation, reducing diffuse source pollution. evaporation or exfiltration is to be employed it should take place beyond the floodplain, or other strategies I The EPA in association with other government agencies, employed to minimise the likelihood of mobilisation of local government and industry have developed Stormwater effluent during floods. Pollution Guidelines which provide detailed guidance for I reducing the pollutant load in stormwater emanating from The planning for and construction of new housing new and existing urban areas. estates and other developments should include provisions for gross pollutant traps, sedimentation ponds I 5.5.3 Policy for minimising water and artificial wetlands to remove nutrients and sediments pollution from stormwater as an integral component of the development. Existing natural or modified fish habitats The general policy for Aquatic Habitat Management and Fish must not be damaged, destroyed or alienated in the Conservation in Section 1.2, as well as the following policies, process of creating these facilities. I apply to water pollution: Developments should aim to achieve no net impact a NSW Fisheries endorses the polluter pays' principle. upon the receiving waterway. Impact assessments should, I b The cumulative impact of new developments upon water as a minimum, include analysis of dissolved oxygen, pH, quality should be assessed and evaluated. turbidity, temperature, toxicants, salinity and nutrients and take account of the existing water quality status of c NSW Fisheries supports efforts to reduce pollution of the receiving waterway. I waterways and achieve an overall improvement in water quality - including the fitting of gross-pollutant traps to d Where existing outfalls dispose of effluent to streams, stormwater drains, construction of artificial wetlands at disposal should not take place during low flow periods creek outfalls, fitting of multi-level offtakes on weirs and unless the effluent is of better quality than that already in I the stream in all respects. dams, control of catchment erosion and re-establishment of riparian vegetation communities. e Where impoundments will cause a change in downstream temperature regime of more than 2°C on d NSW Fisheries supports the fencing of buffer strips along I average, a variable-level offtake or other structure or streams and adjacent to lakes and estuaries to prevent system should be installed to maintain the pre- stock fouling the water and damaging riparian vegetation. impoundment temperature regime and the water quality e NSW Fisheries does not support discharge of effluent to in the river downstream. In some cases, destratif'ication a waterway where land application (by irrigation or by aeration may be effective to maintain water quality in exfiltration) is a feasible alternative. In particular, disposal impoundments. I 25 Activities that impact on aquatic ecosystems (continue1

I f Outfalls and drains should not discharge into, or within 50 m of natural wetlands or seagrass beds.Where existing outfalls or drains impact on aquatic habitats and fish, the relevant public authority and NSW Fisheries will work together to implement mitigating actions. g Nutrient concentrations, particularly forms of nitrogen and phosphorus in storrnwater and surface run-off must comply with ANZECC (1992) guidelines and should be minimised to prevent excessive growth of algae and vascular plants. h Stormwater from roads, car parks and other paved surfaces should be channelled away from aquatic habitats into well established terrestrial vegetation which can act as a filter and adsorb nutrients and sediments.

Spraying of pesticides should only be undertaken according to Environment Protection Authority requirements and under low wind conditions and when the likelihood of rainfall runoff is low. Suitable buffer distances should be maintained between the sprayed area

and all waterways. Healthy aquatic habitats can occur next to larae cties

Caution must be exercised when spraying aquatic plants. Infrastructure such as weirs and dams that enables the Although the herbicide may have a low toxicity for abstraction of water also has direct and indirect impacts aquatic animals, the subsequent decomposition of plants upon fish and fish habitats. Dams and weirs create barriers to may cause dissolved oxygen levels to fail below 4-5 mg/L, fish migration (covered in Section 5.3), alter temperature which can cause fish kills. regimes (covered in Section 5.5) and turn lotic (running k The disposal to waterways of contaminants such as water) environments into lentic (still water) environments. pesticides, heavy metals and pathogens which may These changes disadvantage some species and benefit others, accumulate in fish and result in fish tissue containing creating fundamental changes to the ecology. Such influences residues above the NHMRC levels, and thus posing a risk are believed to be a major cause of the success of alien for human consumption, must be assessed and reduced. species such as carp and redfin perch and a major cause of harmful algal blooms. 5.6 WATER ABSTRACTION Irrigation development creates a demand for water during the driest part of the year when river flow is naturally low. 5.6.1 Background To meet this demand, water is stored during the winter and The manipulation and diversion of river flows for the purpose spring and re-released during the summer and autumn.This of supply of water to irrigation, urban and industrial areas and reduces flood heights and durations and reverses the natural hydo-electric power generation has created widespread flow regime, interfering with the growth, productivity and adverse effects on aquatic ecosystems and biota. With breeding cycles of native fish, aquatic plants and other aquatic increasing development, the consumptive use of water biota continues to escalate in NSW (although water abstraction has been capped in inland rivers through the Murray-Darling 5.6.2 Legislation and other Basin Commission (MDBC) cap). government policies and initiatives The Water Act administered by the Department of Land and Abstractingjer fro?1 a stream has an obvious direct Water Conservation is the main piece of legislation dealing impact upon theaqu3ilc environment by reducing the flow and the amount of fish habitat in the stream Pumping may with water abstraction. Any diversion of water apart from that for stock and domestic usage by a property adjacent to a dI -ecdy remo fish from the stream especially larval fish that are washe4,4ownstream from upstream breeding areas. These natural waterway (riparian right), must be licensed under the Water Act. prtmary,Jnipacts may have secondary impacts For example I a reduction in stream. flow may cause an increase in water Sydney Water, Hunter Water, the MDBC and the Snowy temperature and.a ross of seasonal or short-term flow Mountains Hydro-Electric Authority also play major roles in variability which can have an impact on fish breeding or the storage, release and manipulation of water flow regimes migration.. in NSW

26 I

I HUNTER WATER CORPORATION

PC Box 5171 B, Newcastle West, NSW 2302 Australia I Telephone (02) 4979 9799 DX7858 I

I 8 July 1998

I Ms L Shelly Project Manager ERM Mitchell McCotter I P0 Box 71 THORNTON 2322 I Dear Liz

I RE: ENVIRONMENTAL IMPACT STATEMENT FOR SAND AND GRAVEL EXTRACTION AT GOSFORTH

I I refer to your letter of 23 June 1998 seeking comments regarding proposed sand and gravel extraction off Anambah Road, Gosforth. I From a water resource point of view, Hunter Water has no interest in the Gosforth area at the moment nor is it involved in any future plans.

I have made inquiries of my colleagues who look after water transportation, wastewater I treatment and wastewater transportation and the response is the same. I Do not hesitate to contact me if there is any further information you require. Yours faithfully, I

I DICK HOLROYDE Water Resource Engineer, Planning I [Phone 02-49799458, Fax 02-49799472, email [email protected] I I I I I sec Newcastle Our reference: PA.VS Your re1erence 0 1 Contact. Phil Alexander (02) 4926 9752 I

ERM Mitchell McCotter L DX 21618 MAITLAND I

26 June 1998 1 The Mine Subsidence Board OFFICES,

II Dear Sir/Madam Ground Poor, NSW Government Offices. 7 Bull Street. SAND AND GRAVEL EXTRACTION AT GOSFORTH Newcastle West 2302 Postal Address: P0 Box 488G, Newcastle 2300 This property is not within a proclaimed Mine Subsidence District and is Telephore (049) 26 9750 not subject to any restrictions imposed by the Mine Subsidence Board. Facsrnv ,049 29 :032 DX 4322 Newcastle West Any improvement erected upon the subject land is covered by the

provisions of the Mine Subsidence Compensation Act. 143 Main Road, Speern Point 2284 Postal Address: P0 Box 9, Booiaroo 2284 U S fai hfully Telephone: (049) 50 8088 Facsimile: (049) 50 8 I 0 I DX 7820 Newcastle

W Suite 3 Feldwrn Court. Phil Alexander 30 Hely St Acting District Supervi.sor Wyong 2259 Postal Address: P0 Box 157, Wyong 2259 Telephone: (043) 521646 Facsimile: (043)52 1757 DX 7317 Wyong

Joint Coal Board Building I Civic Avenue, Singleton 2330 Postal Address: PC Box 524, Singleton 2330 Telephone: (065) 72 4344 Facsimile: (065) 72 4504

100Arg4e Street Piston 2571 Postal Address:

(Amd NIK) PC Box 40, Picton257l Telephone: (046) 77 1967 Facsimile: (046) 77 2040 uUYTING SERVICE A N D T H E N E E D S 0F PEOPLE F I R S T ERM Mitchet -'

err_e dt o7 Date NSW Agriculture Recr -

Sour Regional Director - Hunter Region P0 Box 123 Maitland NSW 2320 Data a - j Phone (049) 302 417 Data is. Fax (049) 302 410 C r. Your Ref 58058101

cxpian Our Ref: Glenda Briggs, Ag Environmental Officer 29 June, 1998

ERM Mitchell McCotter P0 Box 71, Thornton, 2322

Dear Liz Shelley,

RE: EIS for Sand and Gravel Extraction at Gosforth

Thank you for your letter dated 23 June 1998 seeking Departmental advice on the above proposal. The major issues which should be addressed to enable adequate consideration of any possible effects on agriculture and the rural environment are:

The agricultural quality of the area to be disturbed and the holding / lease as a whole.

The likely impacts of the quarrying activity on neighbouring farming activities, including potential impacts on water resources

Management of quarried material to ensure that leachate and run off does not impact on neighbouring properties

Any mitigation proposals to reduce potential impacts. This should include proposed access, hours of operation and land holder agreements. It should also consider potential cumulative effects related to nearby quarrying operations.

Rehabilitation proposals, final landscape and potential utilisation of the site post extraction. This should include an assessment of any decline in future agricultural productivity or potential opportunities for the site.

Should you require further details on these suggestions, please contact Glenda Briggs, Agricultural Environmental Officer, telephone (049) 302 444.

Yours faithfully

GleiidaBriggs jtural Environmental Officer Hunter Region

GOSFORTH.DOC I I I Appendix B FORM 2 CERTIFICATE I L Li I I I I I I I I U I I

58058 /FINAL 1 / 4 MAY, 1999 I I I

SUBMISSION OF ENVIRONMENTAL I IMPACT STATEMENT (EIS)

PREPARED UNDER THE ENVIRONMENTAL PLANNING AND I ASSESSMENT ACT 1979 - SECTION 77 EIS PREPARED BY

I Name: Michael Shelly Qualifications: BSc U Address: P0 Box 71 Thorton, 2322 I in respect of:

U DEVELOPMENT APPLICATION Applicant Name: Robert Smith

I Applicant Address: 861 Anambah Road, Gosforth NSW, 2320 I Land to be developed: Address As Above Lot No. DP/MPS, Vol/Fol etc. Lot 1, DP 569007, and Lot 1, DP 822118

I Proposed Development Sand and Gravel Quarry I ENVIRONMENTAL IMPACT STATEMENT An environmental impact statement (EIS) is attached CERTIFICATE I I certify that I have prepared the contents of this Statement and to the best of my knowledge I it is in accordance with clauses 51 and 52 of the Environmental Planning and Assessment I Regulation 1994, and it is true in all material particulars and does not, by its presentation or omission of I information, materially mislead. I Siguahire: Name: Michael Shelly

I Date: 1D / ¶-;/

ERM MITCHELL McCOTTER I 58058 /FINAL 1/ 4 MAY, 1999 B.1 I I I I Appendix C I NOISE MONITORING DATA I I I I I I I I I I I I I I

58058 /IINAL 1 / 4 MAY, 1999 ------

Cheney Residence 18 February 1999

F---~&7—Leq -L10 90 85 80 75 70 65 60 55 50

40 35 30 25 20 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM MiFcheU McCotter 58058 Cheney Residence 19 February 1999

Leq p L1O —o— L9

8 8 7 7

-Q, 5 o 4 z 4 a 31 2 2( 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM MitcheU McCotter ------MOM------

Cheney Residence 20 February 1999

Leq ---L1O

90 85 80 75 70 65 PC 60 55 w 50 45 40 35 30 25 20 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM Mitchell McCotter 58058 Cheney Residence 21 February 1999

Leq —-L1O

C

7 — 7 5 04 z 4 3. z3 2 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM MitcheU McCotter ------58058------

Cheney Residence 22 February 1999

Leq L10 p

90 85 80 75 70 65 60 55

w 50 45 40 35 -] 30 25 20 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM MittheU McCotter 58058 Cheney Residence 23 February 1999

Leq p L1O —0— L90

8

8

7 — 7

w 5 o 4 z 4 a 3

2 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM Mitchell McCotter ------58058------

Cheney Residence 24 February 1999

Leq —L10 L901 90 85 80 75 70 65 60 55 aj 50 45 40 35 30 25 20 0 2 4 6 8 10 12 14 16 18 20 22 24 Time (Hrs)

ERM MitcheU McCotter 58058 I I I Appendix D I STUDY TEAM I I I I I I I I I I I I I I

58058 /FINAL 1/ 4 MAY, 1999 I I I The following team from ERM Mitchell McCotter undertook this environmental I assessment: Mike Shelly Project Director

I Liz Shelly Project Manager

Katie Weekes Hvdro1ov, Geomorvho1ov. and Visual Assessment I I ()I - - Keren Halliday Planning Assessment

I Angela Besant Archaeological Assessment I Martin Muihearn Noise Assessment Sarah Warner Flora and Fauna Assessment

I Jenni Davies Graphics I Sue Parsons Graphics Louise Neville Project Support I I I I I I I I I

ERM MITCHELL McCOTTER I 58058 /FINAL I / 4 MAY, 1999 D.1 I U I I Appendix E I ENVIRONMENTAL MANAGEMENT PLAN OUTLINE 1 I I I I I I I I I LI I U I

1 58058 /FINAL 1/ 4 MAY 1999 ENVIRONMENTAL MANAGEMENT PLAN OUTLINE

INTRODUCTION

1.1 Objectives and Contents of the EMP

1.2 Implementation of the EMP

1.3 Outline of the Development

1.4 Development Approval Conditions

1.5 Approvals and Licences

1.6 Induction Training of Site Personnel

ENVIRONMENTAL MANAGEMENT OF QUARRY OPERATION

2.1 Transportation, Traffic, and Traffic Safety

2.2 Water Management

2.3 Noise Control

2.4 Spillage Control

2.5 Dust Suppression

2.6 Heritage

2.7 Contingency Planning and Emergency Response

2.8 Site Maintenance and Management

VERIFICATION, MONITORING, AND REPORTING

3.1 Verification Requirements

3.2 Monitoring Schedule

3.3 Complaints Register

3.4 Reporting

APPENDIX A: DEVELOPMENT APPROVAL

APPENDIX 13: ENVIRONMENT PROTECflON LICENCE

APPENDIX C: WATER MANAGEMENT PLAN

ERM MITCHELL McCOTTER 58058 /FINAL 1 / 4 MAY, 1999 E. 1 I I I I I I I I I I I I I I I I

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