STORMWATER DISCHARGE 468 MANDEVILLE ROAD MANDEVILLE NORTH RATUA HOLDINGS LIMITED Quality Assurance

Client: Ratua Holdings Limited

Filename: Stormwater Discharge

Address: 468 Mandeville Road, Mandeville North

Date: April 2017

Prepared By: Kim Logan, Planner, Grassroots Planning Limited

1 Resource Consent 468 Mandeville Road, Mandeville North Table of Contents Introduction ...... 3 Site Description ...... 3 Planning History ...... 7 Consultation ...... 9 National Environmental Standard ...... 9 Description of Proposal ...... 10 Consideration of Alternatives ...... 15 Assessment under relevant Regional Plans ...... 15 Assessment of effects ...... 20 Objectives and Policies ...... 26 Legal Framework ...... 30 Conclusion ...... 33

Appendix 1 - Certificate of Tftle Appendix 2 - Site Plans

Appendix 3 - Engineered Stormwater plans Appendix 4 - Stormwater Management Plan Appendix 5 - Erosion and Sediment Control Plan

Appendix 6 - Mandeville North Outline Development Plan Appendix 7 - Coffey Environmental Site Assessment, Sephira Remedial Action Plan and Validation Report Appendix 8 - Copy of RC165330

2 Resource Consent 468 Mandeville Road, Mandeville North 1.0 INTRODUCTION

The following report is an assessment of the actual and potential effects on the environment generated by the discharge of stormwater to ground during the development phase and the post development stage of the retail centre to be developed on the site located at 468 Mandeville Road and for the earthworks required to construct the stonnwater system . Optimum Projects has been engaged to design to the stormwater system and Grassroots Planning has been engaged to prepare the necessary Environment Canterbury {ECan) consents for the development.

The application addresses the character of the land, the proposed stormwater discharge and earthworks undertaken in regard to the relevant provisions of the Land and Water Regional Plan, the Natural Resources Regional Plan and the Waimakariri River Regional Plan. The report includes an assessment of the effects on the environment as required by the Fourth Schedule to the Resource Management Act 1991 .

Summary of Application Details

Applicant: Ratua Holdings Limited

Owner: Ratua Holdings Limited

Site Address: 468 Mandeville Road, Mandeville North

Legal Description: Lot 1 DP 494992

Certificate of Title: 72543

Site Area: 6670m2

Zoning: Business 4 Zone Mandeville North Outline Development Plan Specific Site Provisions: Unconfined/Semi confined Aquifer

Regional Consents Required: CON060 - Discharge of stormwater to ground from a contaminated site during development and discharge of stormwater post development. CON499 - Earthworks

SITE DESCRIPTION

The application site is legally described as Lot 1 DP 494992 and is held in Certificate of Title 72543. A copy of the Certificate of Title is attached as Appendix 1 to this application. The application site is located 9.5km west of Kaiapoi, approximately 6 kilometres north west of the Waimakariri River and approximately 18.3km northwest of Christchurch. The location of the site is shown in Figure 1 below. 3 Resource Consent 468 Mandeville Road, Mandeville North Figure 1 - Google Earth Image of Application Site

The site is part of Council Plan Change 33, operative on the 14 December 2015, to rezone a small area of rural land located between Tram Road, McHugh's Road, Mandeville Road and Ohoka Meadows to provide a business area that fulfils a local convenience function. The Overall Development Plan enables up to 6200m2 to be developed in a business form and the balance area within the ODP to be developed as Residential 4A and Residential 48. A copy of the ODP known as the Mandeville North Outline Development Plan is attached in Appendix 6. Following the approval of the Mandeville North ODP the site remains largely undeveloped and maintains rural, lifestyle type typologies. Figure 2 below shows the ODP area.

4 Resource Consent 468 Mandeville Road, Mandeville North (;,'!outaie cevek:pment FILiln Ar.a

eumH~ ,t zone {iillll/:ii 667,J m-1

~L

- R.Hkl!fl!lal 4A ZQOe Stom'1Wiiter Miinl!l'fflltiltMl. [:J Nk:11"1!: or.I)· - it:t,ffd to 4JttilteddHlgn

a 25 so 75 100 - - 1m 1:3,000 @A4

Tmm Road - Mande\/iDe R03d Mandeville North Outline Development Plan 182

Ref: 10-0«!3 141/12.'J:OIS

Figure 2- Mandeville North ODP

The underlying land use comprises of a council reserve and a lifestyle block. The wider surrounding area comprises of a mix of rural, lifestyle blocks and standard residential development. A commercial orchard including council reserve land is located to the north of the application site and a former sewerage waste treatment plant is located to the east of the site at 933 Tram Road. A new residential subdivision is located directly east of the site and contains 5-7 large residential sites with an average area of 4300m2. Another recently developed subdivision containing rural residential properties is located on the opposite side of Mandeville Road in Truo Close.

Several smaller streams and rivers cross the wider surrounding landscape, including the Ohoka Stream, Cust River, Eyre River and Cam River, including their tributaries. These wetlands are supported by numerous open drains and culverts which boarder private internal boundaries. Waterways flow in a south easterly direction and mostly drain into the Kaiapoi River, east of the application site.

Geology

The soil typologies as indicated by the Kaiapoi geological map, indicate 'older post, glacial fluviatile gravel, sand and silt deposits'. Investigations carried out by Coffey including excavation of multiple test pits, encountered a geology of shallow silts between 3.1 to 4.8m below ground level, overlying sandy gravel. The inspection of pits indicated silty topsoil across the site to a maximum depth of 0.3m below ground level. The top soil is largely underlain by silty sandy gravel. Tests indicated that the gravels are 'medium dense to dense' in the upper 0.6m of

5 Resource Consent 468 Mandeville Road, Mandeville North the soil profile, and thereafter the relative density of the gravel has been inferred as "very dense' based on visual observation during the excavation of the inspection pits.

Groundwater

The geotechnical investigations encountered shallow groundwater between 3.9 to 4.8m below ground level, and according to ECan data regional groundwater flows in an east to southeast direction towards the coast. The nearest surface water body to the site is the "Old Bed Eyre River'', approximately 2km south of the site. The site is located in an area of medium soakage.

According to the GIS database, there are many groundwater wells in the area, with three known wells located at 450 and 474 Mandeville Road. The well at 474 Mandeville Road is 16.7m deep and is listed on the ECan database as being used for domestic purposes.

Flooding

The site is predominantly identified as a Low Flood Hazard area in the 200-year flood event (0.5% AEP flood event), which means that flood water may be up to 300mm deep in parts of the site. The proposed rule to set the floor levels of 400mm above the 200-year flood event (0.5% AEP flood event) is appropriate to mitigate the flood risk based on the localised rainfall modelling.

Surface Water

The nearest surface water to the site is a water race (artificial waterway) located on a neighbouring site fronting McHugh's Road, located approximately 180m from the application site. The nearest named surface water way is Old Bed Eyre River located approximately 2km south of the application site. Ohoka Stream is located approximately 4km north east of the site.

The application site is shown in Photos 1 and 2 below.

6 Resource Consent 468 Mandeville Road, Mandeville North Photo 1 - View of application site located behind the existing dwelling

Photo 2 - Application site showing vegetation cover of long grass

PLANNING HISTORY

The site is located within the Mandeville North Outline Development Plan which was established under Council Plan Change, PC33 on the 14 December 2015. PC 33 rezoned a small parcel of rural land to Business 4, and Residential 4A and 4B. The purpose of the Plan Change was to provide a business area that fulfils a local convenience function of a limited size and manage the potential effects.

7 Resource Consent 468 Mandeville Road, Mandeville North RC 165330 was granted on the 21 December 2016 after a hearing held on the 19 December 2016 to establish a retail centre including a restaurant, pre-school, and vehicle fuelling facility, and cancel a consent notice preventing vehicle access to or from Tram Road.

The set of technical conditions attached to RC 165330 include conditions 47 and 48 relating to stormwater/drainage and read as follows;

Stormwater/Land Drainage

47. The consent holder shall design and install storrnwater reticulation that allows for treatment and conveyance from the carpark, roofs and related areas.

48. The consent holder shall design and install storrnwater reticulation incorporating the following parameters:

a) All car park runoff water shall be captured and treated as per the requirements for trapped sumps to accord with the Building Code Clause E1.

b) Design rainfall depths shall be based on NIWA 's HIRDS Version 3, plus a 16% allowance for climate change.

c) Provision for secondary flow paths wfth a design capacity to accommodate flows from a 2% AEP event and provision for secondary flow paths for events greater than the 2% AEP event. Where not otherwise accommodated in the onsite system, flow paths should be shaped to ensure secondary flow is directed to roadside swa/es and berms.

SITE HISTORY

Aerial photography from 1941, 1973, 1984, 1994, 1995 and 2004 provide an insight into land use developments over the last 76 years. They demonstrate that the primary use of the site in 1941 appears to be grazing and in 1973, five buildings and trees were present at 975 Tram Road, one of the five buildings being the current residential dwelling located at474 Mandeville Road. The largest building at474 Mandeville Road located in the middle of the western side of the property is rectangular and contains hay bales. The other three buildings are small and appear to be sheds. There are also two rows of small sheds on the property indicating possibly hen or pig rearing. The 1973 photo also suggests cropping or a horticultural activity over 450 and 460 Mandeville Road. In 1984, the rows of small trees are no longer present and a square of cleared land is present between the residence and largest shed on 474 Mandeville Road. There is no evidence of cropping activities over the remainder of the site. In the 2004 photos, the properties at 495 Tram Road and 474 Mandeville are unchanged although 450 and 460 Mandeville Road have residential dwellings with paddocks around them. The wastewater treatment plan is present immediately east of the site. The photos show a slight intensification of land use activity, with the development of smaller allotments surrounding the site.

8 Resource Consent 468 Mandeville Road, Mandeville North CONSULTATION

The consultant engineer has liaised with Waimakariri District Council with regards to stormwater disposal and the consultant planner attended pre - application meeting, PRE-17 4985, at Environment Canterbury on the 10/02/17 to discuss the preparation of this application.

Kim Logan of Grassroots Planning Limited has also consulted with Mr Stephen Gardner, Contamination Officer at ECan regarding the historical HAIL activity, the Coffey report and the subsequent Remedial Action Plans and validation report prepared by Sephira Environmental.

No other parties are affected by this application.

NATIONAL ENVIRONEMENT AL STANDARD

The National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) came into effect in January 2012. The NES requires territorial authorities to enforce the regulations for particular 'land' and 'activity 'criteria.

The regulations apply to land which is described as having had, or is more likely than not to have had an activity or industry described in the HAIL undertaken on it.

A request was sent to Environment Canterbury's Listed Land Use Register (LLUR), which holds information about sites that have been used, or are currently being used for activities which have the potential to have caused contamination.

A review of information about the application site that is held with Environment Canterbury's LLUR revealed a HAIL activity at the site therefore under Regulation 5(7), the NES regulations need to be taken into consideration for the proposed activity.

Coffey Geotechnics prepared an Environmental Assessment for the Waimakariri District Council (WDC) to conduct an environmental site assessment for the properties included in the Mandeville North plan change area which included the subject property located at 474 Mandeville Road .

The Coffey report stated, based on the historic data reviewed there is considered to be HAIL activities to have occurred at 47 4 Mandeville Road due to its age and evidence of farming operations including fowl houses. While considered unlikely to have resulted in significant contamination, application of fertilisers, pesticides or herbicides may have occurred.

Asbestos was confirmed from a small stockpile with cement board fragments between two sheds at 47 4 Mandeville Road which indicates the cement board fragments are likely to be asbestos containing material. The visible presence of ACM in the small stockpile at 474 Mandeville Road exceeds human health criteria for asbestos in soils. However, the asbestos detected is unlikely to present a risk to current occupants of the site unless the stockpile is removed. Arsenic was detected above background concentrations in all samples tested. Lead and

9 Resource Consent 468 Mandeville Road, Mandeville North zinc concentrations in samples S2, S4 and S7 and copper concentrations in samples S2 and S4, all from 474 Mandeville Road, also exceed background concentrations.

Subsequent to the Coffey findings and recommendations, Sephira Environmental were instructed to prepare a Remedial Action Plan (RAP) for the appropriate removal of the ACM-contaminate soil stockpile (Sephira 2016). After the remediation works, Sephira Environmental were also asked to provide a validation report documenting the efforts undertaken to address the soil with asbestos containing material, (ACM), at the property located at 474 Mandeville Road . This report aimed to assess the validity and effectiveness of the remediation undertaken on the site. The validation report concluded that all areas where ACM (asbestos containing material) was observed on the ground surface of the site or in soil stockpiles were excavated to a minimum depth of 0.1 m below the existing ground surface. No visible ACM was observed on the surface of the site following the soil removal. All asbestos contaminated soil was transported to Kate Valley Landfill for disposal. The validation samples verified that the remediation areas, including the footprint of the former chicken coop, exhibited concentrations of asbestos fibres and fines below the Western Australian guidelines (0.001% wt./wt.) applicable to all sites. The heavy metals contamination in the bum was remediated to levels below soil contaminant standards applicable to rural residential land use. The report concluded that observations and laboratory data demonstrated that remediation to the site is satisfactorily consistent with the site-specific RAP and in compliance with the Waimakariri District Councils resource consent, RC155345/151118153769.

However, two structures remain on the site that are constructed with asbestos containing material building materials. These structures are located on the portion of the site that will become rural residential land at the conclusion of subdivision, therefore it was recommended these structures be removed prior to further development of the site.

Copies of all the above reports are attached as Appendix 7 to this application.

Environment Canterbury are in the process of updating the LLUR information for the site, to include the effectiveness of the soil remediation. 2.0 DESCRIPTION OF PROPOSAL

Consent is sought for the discharge of stormwater to ground during the construction phase and the post development stage of the proposed retail centre consented under RC165330 and for the earthworks required to construct the stormwater system.

Ratua Holdings Ltd plan to build an entertainment and retail centre consisting of two large buildings. Building 1 has a total floor area of 705m2 and will consist of a supermarket and day care facility. Building 2 has a total floor area of 600m2 and will consist of a Bar/Restaurant, Restaurant, Hair dresser and two take away outlets. Other areas on the site will be developed for access, car parking, pedestrian walkways and areas of landscaping. There

10 Resource Consent 468 Mandeville Road, Mandeville North are two entrance points to the site from Mandeville and Tram Roads. The site is currently unoccupied and has a vegetation cover of long grass. All tenancies have been secured.

Total Areas

There is a total roof area of 151 0m2. There is a total roading area of 2547m2 and a total area of other hardstanding

areas of 715m2.

Proposed earthworks

The proposed earthworks required for the installation of the proprietary storrnwater system exceed the permitted

volume of 100m3, in Rule 5.175, of the Land and Water Plan. The total volume of earthworks is expected to be

630m3, including 180m3 for the construction of the soakage pit and 450m3 for the construction of the pipe and infrastructure.

Erosion and sediment control measures are to be implemented to minimise erosion and sediment effects associated with the earthworks. This encompasses the 2007 Environment Canterbury - Sediment and Control Measures.

Proposed Storrnwater System

The proposed system seeks to combine the discharge from the roof and discharge from the rest of the site to reduce pipework and associated structures. The storrnwater system will consist of kerb and channel lines, sumps with submerged outlets, a first flush treatment device, pipe lines and a soak pit. Storrnwater from the roof and hard standing areas will be collected in sumps positioned along the kerb and channel and conveyed through pipes to the Hynds Downstream Defender, which is a first flush treatment device, and from there will be piped to a soak pit located in the north-east comer of the site where water will discharge to ground via subsoil drainage. The submerged outlet sumps will collect gross debris and sediment prior to the first flush treatment by the Hynds Up­ flo filter system which will filter sediments and contaminants. A secondary flow path is provided by the existing roadside swales along Tram Road.

Proprietary Device

The Hynds Up-flo device is 1200mm in diameter and has 6 filters to treat flows of up to 9.61/s. Detailed specifications of the Hynds Downstream Defender are contained in the Storrnwater Management Report in Appendix 4.

Soak Pit

One soak pit will be located in the north-eastern comer of the site to soak and discharge all storrnwater to ground. It will be trapezoidal in shape with parallel sides measuring 5 and 9 metres respectively with a length of 12m and a depth of 2.5m. The total area of the soak pit is 84m2 and the total volume is 21 0m3, however as it will be filled with boulders with a void capacity of 38%, the total storage will be 79.8m3.

11 Resource Consent 468 Mandeville Road, Mandeville North Stormwater System Capacity

• The Hynds Downstream Defender chamber can filter flows of up to 85 I/s • The soak pit will be able to store 79.8 m3 of water and has been designed to be able to handle a 10-year storm from 10 minutes to a 72-hour duration.

Engineering Plans and the Stormwater Management Plan detail the proposed stormwater treatment and disposal system. Copies of these are attached in Appendix 3 and 4.

Methodology Summary

Construction Phase - Quality

During the construction phase of the site, the nature of the discharge will be largely sediment based due to earthworks undertaken, and sediments transported to the site via transport and machinery associated with the works. There are no open drains or streams running through the site with the nearest water body being a small water race located approximately 180m south west of the application site along McHugh's Road. The site is relatively flat, therefore any sediment laden stormwater during the construction phase is expected to be retained on-site. The development area will initially have the top soil removed and this will remain on site in small stockpiles used for landscaping within the application site.

Construction will be in accordance with Waimakariri District Council Standards and will be managed in accordance with the Erosion and Sediment Control Plan attached in Appendix 5.

Post Development - Quality

The discharge of stromwater will include;

• Roof water, • Stormwater from the staff and visitor car parking areas, • Stormwater from the deliver area, • Stormwater from the driveway.

Although the discharge from roofs does not require treatment the treatment device is capable of handling the additional roof volume. The Hynds Downstream Defender is sized to treat either a specified catchment area or a design flow rate to meet a water quality design for the first flush treatment.

The Hynds Downstream Defender gives a first flush flow rate of 15.1I/s and TSS removal of 96% at a material size of approximately 106 microns.

Typical discharges from car parking areas are expected to contain suspended sediments, metals and hydrocarbons. Most of the suspended soils are expected to come from sediment carried by vehicles, and from atmospheric deposition onto the hardstanding areas. Metals, such as copper and zinc, are often present from tyre

12 Resource Consent 468 Mandeville Road, Mandeville North wear and the wear of brake linings. Vehicles will be moving slowly in car parking areas and therefore it is expected that these concentrations will be low when compared to the concentrations found on roads.

The stormwater runoff may also contain hydrocarbons due to drips from vehicles and from vehicle exhaust fumes. It is expected that a negligible number of nutrients, such as nitrogen or phosphorus will be present in the stormwater runoff from hardstand surfaces. If any fuel handling or use takes place within the stormwater catchment, then there is likely to be a higher routine concentration of hydrocarbons in the stormwater.

Studies of stormwater contaminants from modem catchments are finding that the concentrations of zinc are significantly lower due to modem building materials. This mainly reflects the shift from using galvanised steel to coloursteel, which is commercially painted roofing material. It is proposed to use steel and tube euro lined roofing, which is a coloursteel roof with undulations in the wide flat pan as an architectural feature. Pre-painted roofing materials minimise zinc in the roof by providing a barrier by the paint system and the qualities of steel substrate.

Quantity

Rainfall depths were determined from NIWA HIRDS V3. A rainfall intensity of 50.8mm/hr for a 10-minute duration, 10-year return interval event was adopted as the design value. This figure allows for a 16% increase for climate change effects. The pipes system will be sized for the 10 year (10% AEP), 10-minute design rainfall event with a rainfall event with a runoff coefficient of 0.9. A secondary flow path will direct flows to the roadside swales in Tram Road. The soak pit has been sized for a 10 year, 1 hour design rainfall event in accordance with the Building Code, E1 surface water. Soakage tests have been undertaken to confirm the actual design soakage rate and the size of the soak pit adjusted to suit.

Emergency discharges

Emergency discharges could originate from accidents occurring on hardstand areas. The spills will generally be associated with vehicle accidents resulting in spillage of hydrocarbons from a raptured fuel tank. There is expected to be a very minimal risk of this occurring from the catchment with only car parking and vehicle movements taking place and all sumps collecting stormwater from the hardstand areas will be fitted with submerged outlets to provide spill containment. In the event of a spill of fuel or any other contaminant during the construction phase, the contractor will have a spill kit on site at all times ready to be used. After construction, the sumps and Hynds Downstream Defender will contain any spillage.

The following activities will not be taking place within the stormwater catchment:

• Handling or storage of hazardous substances (other than hydrocarbons) • Vehicle or engine wash-down

13 Resource Consent 468 Mandeville Road, Mandeville North Mitigation Measures

Construction Phase

Stormwater discharge from the construction phase will be undertaken in accordance with the Sediment and Control Plan which includes;

• Silt traps, constructed to slow the flow, collect silt and sediment and minimise surface/sheet erosion, • The location of stockpiles away from potential stormwater flow areas, • Compaction and stabilisation of stockpiles to prevent erosion and run off, • Provision of temporary sediment traps in any cut-off drains e.g. straw bales, geotextile barriers, littler booms.

Post Development

The post development stormwater discharge will be undertaken in accordance with the Stormwater Management Plan which includes;

• The owner will be responsible for maintaining the stormwater system, • The removal of litter, visible layers of hydrocarbons and accumulated sediment and sediments from sumps when it occupies more than one quarter of the capacity of the sump below the outlet, • The proprietary treatment device will need to be maintained in accordance with the manufactures instructions, • The roadside swales will be maintained by Waimakariri District Council.

Additional Consents

Building Consents and associated land use consents have yet to be applied for at the Waimakariri District Council. An application for these consents will be made to Council after the approval of this application.

Proposed consent notices

The Stormwater Management Plan has anticipated that the stormwater discharge may have elevated dissolved zinc levels when using galvanised or unpainted metal roofing elements. It is therefore proposed that the following condition be included to mitigate any potential adverse effects on ground and surface water resources.

• All roofing material: gutters, downpipes; and external cladding on buildings, shall not be constructed of unpainted or galvanised metal.

The Waimakariri District Plan also requires that any future buildings have a final floor level of 400mm above the 200-year flood event (0.5% AEP flood event) to mitigate the flood risk based on the localised rainfall modelling.

14 Resource Consent 468 Mandeville Road, Mandeville North Duration of Consent

The earthworks consent seeks a duration of 5 years.

The stormwater discharge consent seeks a duration of 35 years.

3.0 CONSIDERATION OF ALTERNATIVES

There is no reticulated storrnwater network that the site can discharge into. Storrnwater treatment could be provided by an infiltration basin, however the site can be affected by flooding, therefore it would be too costly to raise an area of land to be used as an infiltration basin. Therefore, an in-ground propriety system is the most appropriate option.

4.0 ASSESSMENT UNDER RELEVANT REGIONAL PLANS

Section 104(1)(d) of the Resource Management Act (1991) (RMA) states regard must be given to the rules of the Regional Plan. The relevant rules are contained within the following documents:

• Canterbury Land and Water Regional Plan (LWRP) • Canterbury Natural Resources Regional Plan (CNRRP) • Waimakariri River Regional Plan (WRRP)

The proposed Stormwater System will be propriety owned and therefore it is not classified as a reticulated network system hence consent is sought for discharge onto land .

An assessment under the relevant plans above is outlined in the tables below.

Land and Water Regional Plan

The Land and Water Plan was made fully operative on 1 February 2017. Plan Change 4, (the Omnibus Change) is an operative part of the Canterbury Land and Water Regional Plan.

Its purpose is to identify the resource management outcomes or goals (objectives in the Plan) for managing land and water resource in Canterbury to achieve the purpose of the Resource Management Act 1991 (RMA). It identifies the polices and rules needed to achieve the objectives, and provides direction in terms of resource consent applications.

15 Resource Consent 468 Mandeville Road , Mandeville North Table 1 below outlines the rules that are relevant to this proposal.

Table 1

Region Wide Rules - Section 5 Rule 5.1.75 (2) The site is located over an unconfined/semi The use of land to excavate material is a permitted confined aquifer. activity, provided the following conditions are met: (b) the volume of material to be excavated is 1. Over the Coastal Confined Gravel Aquifer System, as expected to be 630m3 to a depth of 2.5m. shown in the Planning Maps: (a) there is more than 1m of undisturbed material between Does not comply - Restricted Discretionary the deepest part of the excavation and Aquifer 1; and Activity (b) if more than 100m3 of material is excavated, the excavation does not occur within 50m of any surface waterbody; or 2. Over an unconfined or semi-confined aquifer: (a) the volume of material excavated is less than 100m3; or (b) the volume of material excavated is more than 100m3 and: (i) there is more than 1m of undisturbed material between the deepest part of the excavation and the seasonal high water table level; and (ii) the excavation does not occur within 50m of any surface waterbody.

Rule 5.176 states:

"The use of land to excavate material that does not comply with one or more of the conditions of Rule 5.175 is a Restricted Discretionary activity"

Region Wide Rules - Section 5 Rule 5.94A 1. (a) The land area is 6670m2 and it's not The discharge of construction-phase stormwater, other located in a High Erosion area on Planning than into or from a reticulated stormwater system, to a Maps, surface waterbody, or onto or into land in 2. (a) The discharge is not to any spring fed river, circumstances where a contaminant may enter Banks Peninsula River, or to a lake. groundwater or surface water, is a permitted activity, (b) The discharge is not to any other river or to provided the following conditions are met: an artificial watercourse. 1. The area of disturbed land from which the discharge is 3. The discharge does not result in an increase generated is less than: in the flow in the receiving waterbody at the point (a} 1000m2 for any construction-Qhase storm water of discharge of more than 1% of flood event with generated as a result of work carried out in an area shown an Annual Exceedance Probability of 20%. as High Soil Erosion on the Planning MaQs; or 4. The site is listed as having a historic HAIL (b) two hectares in any other location; and activity and has been classified as contaminated 2. The concentration of total susQended solids in the land, discharge shall not exceed: 5. The discharge does not contain any hazardous substance, 16 Resource Consent 468 Mandeville Road, Mandeville North (a) 50g/m3 where the discharge is to any spring-fed river. 6. The discharge does not occur within a Banks Peninsula river, or to a lake except when the Community Drinking-Water Protection Zone as background total suspended soils in the waterbody is less set out in Schedule 1. than 50g/m3 in which case the Schedule 5 visual clarity standards shall apply; or Does not comply - Restricted Discretionary (b) 100g/m3 where the discharge is to any other river or to Activity an artificial watercourse except when the background total suspended soils in the waterbody is greater than 100g/m3 in which case the Schedule 5 visual clarity standards shall apply; and 3. The discharge does not result in an increase in the flow in the receiving waterbody at the point of discharge of more than 1% of a flood event with an Annual Exceedance Probability of 20% (one in five-year event); and 4. The discharge is not from, into or on potentially contaminated land; and 5. The discharge does not contain any hazardous substance; and 6. The discharge does not occur within a Community Drinking Water Protection Zone as set out in Schedule 1.

Rule 5.94C states;

The discharge of construction-phase stormwater, other than into or from a reticulated stormwater system, into a surface waterbody, or onto or into land in circumstances where a contaminant may enter groundwater or surface water, that does not meet one or more of the conditions of Rule 5.94A is a restricted discretionary activity.

The application cannot comply with Condition 4 due to past hail activities recorded on the site, therefore the proposal is a restricted discretionary activity regarding stormwater discharge during the construction phase.

Canterbury Natural Resources Regional Plan

As a result of the Land and Water Regional Plan being made operative, the Natural Resources Regional Plan, is now inoperative. The NRRP is however retained as a reference document for those regional plans that incorporate parts of the Canterbury LWRP. The site is located within the Waimakariri River Regional Plan and therefore requires assessment under the NRRP.

Table 2 below outlines the rules that are relevant to this proposal.

Table2

RuleWQL6 1. Permitted activity Discharge of stormwater onto into land (a)The discharge was not lawfully established at The discharge of stormwater onto or into land where at 4 July 2004; contaminants may enter groundwater; (b) is not solely from roof. is- 2.Discretionay activity 17 Resource Consent 468 Mandeville Road, Mandeville North 1. a permitted activity if the discharge; (a) The discharge is not solely from the roof(b) (a) was lawfully established at 4 July 2004; or The discharge is from other sources, including (b) is solely from a roof and complies with Conditions 1 and the roof and car park and all hard-standing areas 2;or and cannot comply with Condition 1(e) as the site (c) is from any other source, including a road, and complies has been registered as a HAIL site on the LLUR with Conditions 1 and 3; register. 2. a discretionary activity if the discharge is: (a) solely from a roof and does not comply with Conditions 1 The application is therefore a Discretionary and 2; or activity. (b) from any other source, including a road, and does not comply with any one or more of Conditions 1, 3(b), 3(c) or 3(d); unless another person, who has applied for, or been granted, a discharge permit under Rule WQL8 provides written authority for the activity to be carried out under their permit. 3. a non-complying activity if the discharge does not comply with Condition 3(a); unless another person, who has applied for, or been granted, a discharge permit under Rule WQLB, provides written authority for the activity to be carried out under their permit. RuleWQL7 (a) The discharge is not into a river, lake or Discharge of stormwater into a river, lake or artificial artificial watercourse so complies with this rule. watercourse (b) The discharge is ono land where it may enter The discharge of stormwater into: a river, lake or artificial watercourse and was not (a) a river, lake or artificial watercourse; or lawfully established on the 4 July 2004 but does (b) onto land where it may enter a river, lake or artificial not meet all the conditions of Rule 3, The watercourse; discharge shall not be from a property that has is- been registered by ECAN in its LLUR registrar. 1. a permitted activity if the discharge; The application site has been listed on the LLUR (a) was lawfully established at 4 July 2004; or registrar as a HAIL site. (b) complies with all the conditions of this Rule. 2 Where the discharge does not comply with any one or The activity is classified by Rule WQL48. more Conditions 1 to 10 of this Rule the activity is classified by Rule WQL48; unless another person who has applied for, or been granted, a discharge permit under Rule WQL8 provides written authority for the activity to be carried out under the permit. 3. a non-complying activity if the discharge does not comply with Condition 11 of this Rule; unless another person, who has applied for, or been granted, a discharge permit under Rule WQL8 provides written authority for the activity to be carried out under their permit. RuleWQP48 The concentration of the total suspended solids Discharge of water or a contaminant into a river, lake or in the discharge does not exceed the artificial watercourse that is not classified by Rules WQLS, concentrations in the table, therefore is a WQL7, WQL8, WQL15, WQL16, WQL17, WQL18, WQL19, discretionary activity.

18 Resource Consent 468 Mandeville Road, Mandeville North WQL21 or WQL41 is a discretionary activity, if it meets all the Rule; RuleWQL8 The stormwater discharge complies with all the Discharge of stormwater into a river, lake or artificial conditions of Rule WQL8; therefore, is a watercourse - Stormwater Management Plan controlled activity. The discharge of stormwater: (i) onto or into land; and/or (ii) into a river, lake or artificial watercourse;

In accordance with a Stormwater Management Plan is;

1.a controlled activity if the discharge complies with all the conditions of this Rule.

Rule WQL6; states;

The Discharge of stormwater onto or into land is a discretionary activity if the discharge is from any other source, including a road, and does not comply with any one or more of Conditions 1, 3(b), 3(c) or 3(d); unless another person, who has applied for, or been granted, a discharge permit under Rule WQLB provides written authority for the activity to be carried out under their permit.

The site is listed as a HAIL site on the LLUR registrar so cannot comply with Condition 1(e), therefore is considered a discretionary activity.

Therefore, the application is also a discretionary activity under the Waimakariri River Regional Plan.

Waimakariri River Regional Plan

This regional plan is directly associated with activities within the Waimakariri River Catchment. The application site is within the WRRP catchment, therefore the following table

The following table assesses the relevant rule associated with the proposal under the Waimakariri River Regional Plan.

Table 3 below outlines the rules that are relevant to this proposal.

Table 3

Catchment Rules - Waimakariri River Regional Plan

Rule 6.1 A minor level of contaminants will be discharged into Discretionary Activity the Waimakariri River Catchment. The WAIM-TRIB The discharge of contaminants into surface water standards are described in the Stormwater bodies in the Waimakariri River Catchment, or onto or Management Plan. into land within 20 metres of surface water bodies, or onto or into land in circumstances which may result in Discretionary Activity that contaminant (or any other contaminant emanating 19 Resource Consent 468 Mandeville Road, Mandeville North as a result of natural processes from that contaminant) entering surface water bodies is a discretionary activity.

The proposal is a discretionary activity with regards to the Waimakariri River Regional Plan.

Conclusion with respect to the assessment of the relevant Regional Plans

In summary, the proposal fails with the following provisions:

• The use of land to excavate material is a restricted discretionary activity (Rule 5.175 of the LWP). • The discharge of stonnwater to ground during the construction phase and post development phase is a restricted discretionary activity (Rule 5.94A of the LWRP) . • The discharge of stormwater to ground during the construction phase and post development phase is a discretionary activity (Rules WQL6 and WQL7 of the CNRRP) • The discharge of contaminants entering surface water bodies is a discretionary activity (Rule 6.1 of the Waimakariri River Regional Plan).

Case law has established that where there is an overlap between two activities, it is generally appropriate to treat an application as one requiring assessment based on the most restrictive activity, therefore overall the proposal must be assessed as a discretionary activity.

5.0 ASSESSMENT OF EFFECTS

Section 88(2)(b) of the Resource Management Act 1991 requires that any application for a resource consent include an assessment of any actual and potential effects that the activity may have on the environment, and the ways in which any adverse effects could be mitigated . This section also requires that any assessment shall be in such detail as corresponds with the scale and significance of the actual potential effects that the activity may have on the environment and shall be prepared in accordance with the Fourth Schedule to the Resource Management Act 1991. This assessment has been made in accordance with both these requirements.

The actual and potential effects of this proposal can be categorised into the following areas.

• Earthworks effects • Stormwater discharge effects • Surface water effects • Effects of the discharge on groundwater • Contamination discharge effects • Cumulative effects 20 Resource Consent 468 Mandeville Road, Mandeville North • Effects on Ngai Tahu Values • Positive effects

Earthworks effects

The proposed earthworks seek to excavate approximately 630m 3 of soil to a maximum depth of 2.5m to allow for the construction of the propriety stormwater system. The potential for any dust or sediment effects will be managed on site by the Erosion and Sediment Control Plan attached in Appendix 5.

The Land and Water Regional Plan limits the matters of discretion under Rule 5. 176 as follows;

1. The actual and potential adverse environmental effects on the quality of water in aquifers, rivers, lakes, wetlands or the sea; and 2. Any need for remediation or long-term treatment of the excavation; and 3. The protection of the confining layer and maintaining levels and groundwater pressures in any confined aquifer, including any alternative methods or locations for the excavation; And 4. The management of any exposed groundwater.

There are no open drains or streams running through the site with the nearest water body being a small water race located approximately 180m from the application site with frontage to McHugh's Road, therefore there is very limited potential of adverse effects on surface water quality within the wider area.

The limited depth and scale of earthworks will mean that the effects on long term exposure of unconsolidated soil will be minimal. This can be seen in the relatively high moisture content in ground conditions and the ability of clay soils to retain moisture content. It is anticipated that will reduce the risks of erosion and sedimentation. Additional measures described in the ESCP will ensure that any potential sedimentation or erosion into the nearby water race will be minimised.

The site is in an area with a water table which varies between 3.9 to 4.8m below existing ground level. The shallower water table is due to the lower level elevation of the site and the high ground clay content. These two factors contribute to a low infiltration rate, which has been confirmed by recent testing. It is anticipated that these factors will mitigate any adverse impact on lower level aquifer quality.

A silt fence will be constructed along the application site in accordance with the ESCP and the stabilised entry/exit pad will include a runoff diversion bund incorporated into the pad as detailed in diagram C1 .7 of the ESCP. The hours of operation will be limited to the following.

Monday to Friday: 0800 - 1800

Saturday: 0900-1700

Sunday and Public Holidays: No work may proceed 21 Resource Consent 468 Mandeville Road, Mandeville North The applicant has not considered any alternative locations, remediation methods or long tellll treatment due to the limited depth and scale of earthworks meaning the effects of long tellll exposure of unconsolidated soil will be minimal. Stripped topsoil will be placed in temporary stockpiles during the construction phase and used to landscape the site upon completion.

In summary, the low scale and depth of earthworks, along with the control and mitigation measures provided in the Erosion and Sediment Control Plan provide sufficient mitigation measures and therefore any adverse effects are considered to be less than minor.

Stormwater discharge effects

Rate and Volume of Discharge The primary network of kerb and channel lines, sumps, manholes, first flush treatment device and pipework will convey stormwater up to the 20% AEP event, in accordance with WDC provisions for secondary flow paths for events greater than the 2% AEP event.

Volume and Concentration of Contaminants The expected contaminants in urban stormwater have been derived from "Urban Run-Off Data Book' by RB Williamson (NIWA Water Quality Publication No, 20-1993) and indicate that contaminant levels will be within guideline values.

International data, such as the California Department of Transportation (Caltrans) and a study by Shepp are also helpful when assessing expected contaminants in stormwater. These studies found that;

Pollutant concentrations in stormwater runoff increase with higher traffic levels, where sites with higher annual average daily traffic (AADT) have higher concentrations of nearly every pollutant evaluated.

• As cumulative seasonal precipitation increases, pollutant concentrations decreases. This is evidence of pollutant "wash-off' during the wet season, as pollutant concentrations in runoff are highest in the early wet season and tend to decrease thereafter. This effect was consistent for all pollutant categories and constituents. • Longer antecedent dry periods result in higher pollutant concentration runoff. This factor provides a measure of the "build-up" of pollutants during dry periods between storms. • As total event rainfall increases, pollutant concentrations tend to decrease, i.e., runoff from larger storms tend to be diluted. This phenomenon is consistent with the interpretation that concentrations tend to be highest in the initial portion of the runoff and are diluted as the storm event continues, (i.e., it is consistent with a storm event "first flush" effect). • Maximum rainfall intensity was highly correlated with event rainfall and generally had a similar effect, but was less consistent and significant for fewer constitutes.

22 Resource Consent 468 Mandeville Road, Mandeville North An assessment of the contaminants likely to be present in the urban stormwater flow is provided as follows; Contaminants Expected Value Comments (EMA Value} Sediments 50-470g/m3range Other contaminants such as some hydrocarbons 170g/m3average and certain heavy metals combine with sediment Petroleum Hydrocarbons 1-5 g/m3 (total hydrocarbons) 0.007g/m3 (polynuclear aromatic hydrocarbons) Nitrate 0.4 -1.5 g/m3 range Nitrate is of concern if it enters drinking water because of potential health impacts. The NZ Drinking Water Standards 2000 set a minimum accessible value (MAV) for nitrate - nitrogen of 11.3g.m3. Phosphorus 0.2-1.1g/m3 Phosphorus is not classified as a determinant of (total phosphorus) health significance in the NZ Drinking Water 0.0.13-0.07 g/m3 Standards 2000. (dissolved reactive phosphorus) Heavy Metals Lead 0.6 - 0.19g/m3 The MAV for lead is 0. 01 g/m3. The MAV for copper Zinc 0.09 -0 .80g/m3 is 2g/m3 in the drinking water contamination . Copper 0/015-0.11 g/m3 Bacteria 8000 fc/100ml sample Bacteria/Pathogens are of prime concern if there is (including pathogens) (overall median value) any risk of drinking water contamination. COD 25-90 g/m3 range All NZ studies indicate that urban runoff would not 60g/m3 average cause significant oxygen depletion.

The contaminant concentrations present in the stormwater flow from the proposed development are likely to be much lower than those presented in the table due to the fact traffic flows on the application site are likely to be lighter in volume and type.

The Stormwater Management Plan highlights that once the flows have been treated through the Hynds Up-flo system the majority of sediments and associated contaminants will be removed and that contaminant levels will be very low and within acceptable guidelines.

In summary, contaminants from stormwater flows will be sufficiently mitigated as outlined in the Stormwater Management Plan, and within acceptable guidelines, therefore any adverse effects on the environment are considered to be less than minor.

23 Resource Consent 468 Mandeville Road, Mandeville North Surface Water effects

There are no open drains or waterways located on the application site therefore there are no effects upon surface water within the application site to consider. The nearest water body is a water race located along the frontage of McHugh's Road, located approximately 180m from the application site. The nearest named water body is the Old Bed Eyre River located approximately 2km south of the application site.

In the event that the system is inundated, the engineering plans have ensured, there is a secondary flow path where water will be directed to the roadside swales located in Tram Road. The site is designed to handle a 2% AEP flood event and there are secondary flow paths for events greater than 2% AEP event, assuming a post

development roofing area of 1510 m2.

It should also be noted that the Waimakariri District Plan requires any building on the application site to be constructed to a minimum floor level 400mm above the 200-year flood event (0.5 % AEP flood event) to mitigate the flood risk based on the localised rainfall modelling . Therefore, buildings will be protected from secondary flow paths across the application site following the natural site contours.

In summary, it is considered that adequate mitigation measures have been provided, to prevent flooding across the application site during flood events, and there is limited potential for adverse effects on waterbodies located in the wider area and therefore any adverse effects are considered to be less than minor.

Effects of the discharge on groundwater

Stormwater from the site will flow directly from downpipes to the piped reticulated system where the first flush treatment device will remove 96% of material sized to 106 microns. The expected concentration of contaminants in the treated stormwater discharging to ground will be expected to be at least two orders of magnitude below Drinking Water Values

Any remaining sedimentation or contaminants will be filtered out in the natural gravels and therefore it is considered that there will no adverse effect on groundwater quality. Soakage testing has been undertaken to ensure the soak put is large enough to contain and dispose of water in a 10 year, 1 hour flood event.

In summary, it is considered that adequate mitigation measures have been provided, to prevent any adverse effect on the quality of groundwater, and therefore any adverse effects are considered to be less than minor.

Contaminant discharge effects

The application site is identified as a HAIL site on the LLUR registrar due to the following activities which may have been carried out on the site; persistent pesticide bulk storage or use from potential historical cropping, pest control

24 Resource Consent 468 Mandeville Road, Mandeville North (battery farming) , asbestos products (including sites with buildings containing asbestos known to be in a deteriorated condition), and motor vehicle workshops.

An environmental site assessment was carried out by Coffey in January 2015 to support the proposed Mandeville North land use change from 'Rural' to 'Rural-residential' and 'Business' land uses. This investigation confirmed the presence of asbestos containing material in several samples.

Subsequent to the Coffey findings and recommendations, Sephira Environmental were instructed to prepare a Remedial Action Plan (RAP) for the appropriate removal of the ACM (asbestos containing material). On completion of the remedial works, Sephira were asked to prepare a validation report documenting the efforts and effectiveness of remediation works to address the soil with asbestos containing material. The validation report concluded that all areas where ACM (asbestos containing material) was observed were excavated to a minimum depth of 0.1 m below the existing ground surface, and that no visible ACM was observed on the surface of the site following soil removal. The validation samples verified that remediation areas, including the footprint of the former chicken coop, exhibited concentrations of asbestos fibres and fines below the Western Australian guidelines (0.001% wt./wt.) applicable to all sites. The heavy metals contamination in the burn was remediated to levels below soil contaminant standards applicable to rural residential land use. The observations and laboratory data validated that remediation to the site was satisfactorily consistent with the site-specific RAP and in compliance with the Waimakariri District Councils resource consent, RC155345/151118153769.

However, two structures remain on the site that are constructed with asbestos containing material building materials. These structures are located on the portion of the site that will become rural residential land after subdivision, therefore it was recommended these structures be removed prior to further development of the site.

In summary, it is considered that the HAIL activity on the site has undergone successful remediation, and therefore any contamination risk from treated stormwater discharged to ground is extremely low and therefore any adverse effects on the environment are considered to be less than minor.

Cumulative effects

There not considered to be any cumulative effects of the proposed activity on surface water, groundwater, or Ngai Tahu Values values due to the mitigation measures provided in the Erosion and Sediment Control Plan during the construction phase and the Stormwater Management Plan post development. As discussed earlier there are no waterways or open drains running through the site and therefore there is very limited potential for adverse effects on surface water. Stormwater runoff from the developed site will be treated to ensure the majority of sediments and contaminants are removed . The site has undergone a remediation to remove any areas of asbestos and other contaminants. Therefore, any adverse cumulative effects on the environment are considered to be less than minor.

25 Resource Consent 468 Mandeville Road, Mandeville North Effects on Ngai Tahu Values

The management plan identified as being relevant is;

• Mahaanui lwi Management Plan (2013); Section 6.2 Waiarapa and Kawai

The proposal is not located within, adjacent to or likely to affect a statutory acknowledgment area, nor is the proposal located within a silent file area. The proposed stormwater disposal methodology will maintain and or increase the existing quality of groundwater underlying the application site and therefore it is not considered there will be any adverse effects on Ngai Tahu values.

Positive Effects

The proposed methodology has provided for an appropriate means of stormwater disposal and enables the site to be developed in accordance with RC 165330. Mitigation measures provided in the Sediment and Control Plan during the construction phase and the Stormwater Management Plan post development ensure there are no adverse effects on existing groundwater qualities, surface water and Ngai Tahu Values.

Conclusion

In summary, the actual and potential adverse effects of the proposed earthworks and stormwater discharge to ground during the construction phase and post development in association with the Mandeville Road retail development are considered to be less than minor.

6.0 OBJECTIVES AND POLICIES

When considering an application for resource consent pursuant to section 104(1)(b), the consent authority must, subject to Part 2, have regard to any relevant provision of any relevant planning documents and the objectives and policies contained within these documents.

Land and Water Regional Plan

The Land and Water Regional Plan contains a detailed set of objectives and policies which together provide a framework for assessment of resource consent applications as required by the Resource Management Act 1991. Below is an assessment of the level of compliance in relation to the proposed earthworks and the level of compliance with the relevant key policies.

26 Resource Consent 468 Mandeville Road, Mandeville North Obiective 3. 1

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

Obiective 3. 5

Land uses continue to develop and change in response to socio-economic and community demand.

Obiective 3. 13

Groundwater resources remain a sustainable source of high quality water which is available for abstraction while supporting base flows or levels in surface water bodies, springs and wetlands and avoiding salt-water intrusion.

Obiective 3.23

Soils are healthy and productive, and human-induced erosion and contamination are minimised.

Obiective 3.24

All activfties operate at good environmental practice or better to optimise efficient resource use and protect the regions fresh water resources from quality and quantity degradation.

The application site has been deemed appropriate for the proposed activity by the Council Initiated Plan Change required to provide a pocket of commercially zoned land to enable the development of retail outlets to keep up with changing land use and social and economic growth in the area. Development of the site requires the construction of a propriety owned storrnwater system requiring the excavation of soil. The volume of earthworks is expected to be 630m3 to a depth of 2.5m. The earthworks will be undertaken in a controlled manner in accordance with the Erosion and Sediment Control Plan which provide a number of mitigation measures to reduce the risk of sedimentation and contamination of surface water and groundwater. The works will be carried in accordance with good environmental practice. The proposal is consistent with the above objectives.

Earthworks. land excavation and deposition of material into land over aquifers

Policy 4.18

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

Policy 4.19

The discharge of contaminants to groundwater from earthworks, excavation, waste collection or disposal sites and contaminated land is avoided or minimised by ensuring that: (a) activities are sited, designed and managed to 27 Resource Consent 468 Mandeville Road, Mandeville North avoid the contamination of groundwater; (b) existing or closed landfills and contaminated land are managed and monitored where appropriate to minimise any contamination of groundwater; and (c) there is sufficient thickness of undisturbed sediment in the confining layer over the Coastal Confined Aquifer System to prevent the entry of contaminants into the aquifer or an upward hydraulic gradient is present which would prevent aquifer contamination.

Soil stability

Po/icy4.20

On erosion-prone land, any medium and large-scale earthworks, haNesting of forestry or other clearance of vegetation is undertaken in a manner which minimises the exposure of soil to erosion, controls sediment run-off and re-establishes vegetation cover as quickly as possible.

Policy4.22

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

The site is not located within erosion prone land and the proposed earthworks are minor in scale and depth. There are no water ways or open drains running through the site and the nearest waterway is a water race located over 180m away. The ESCP will ensure that any loss of sediment laden water and other contaminants to surface water is avoided. Any top soil removed will be retained on site and utilise for landscaping around the application site. The proposal is consistent with the above polices.

Waimakariri River Regional Plan

The Waimakariri River Regional Plan 2011 Plan incorporates Plan Change 1 and was made operative on the 11 June 2011. The WRRP was created to protect water values within the Waimakariri River catchment as it extends across all three territorial authorities within the greater Christchurch area. The plan specifies requirements for water extraction and discharges in respect to their effects on the quantity, quality and driver and lake beds.

The following assesses the proposals adherence to the relevant objectives and policies contained in the regional plan.

28 Resource Consent 468 Mandeville Road, Mandeville North Chapter 6 - Water Quality

Objective 6.1

Enable present and future generations to gain cultural, social, recreational, economic, health and other benefits from the rivers, lakes and wetlands in the Waimakariri River Catchment while:

(a) safeguarding their existing values for efficiently providing sources of drinking water for people and their animals;

(b) safeguarding the life-support;ng capacity of the water, including its associated: aquatic ecosystems, significant habitats of indigenous fauna, and areas of significant indigenous vegetation;

(c) safeguarding their existmg value for providing mahinga kai for Tangata Whenua;

(d) protecting wahi tapu and other wahi taonga of value to Tangata Whenua;

(e)preserving the natural character of rivers, lakes and wetlands and protecting them from inappropriate use and development;

(Q protecting outstanding natural features and landscapes from inappropriate use and development;

Policy 6.1

Set and maintain water quality standard for the control and discharge of contaminants into, surface water bodies in the Waimakariri River Catchment as outlined in Figure 6 and defined in Map 2 to:

(a) protect the natural state of the water in lakes and rivers upstream of the confluence of the Waimakariri River with the Otukaikino Creek;

(b) ensure water quality is suitable for drinking water for animals, contact recreation, fisheries. fish spawning, aquatic ecosystems and is not altered in those characteristics that have a direct bearing upon the aesthetic values of water or Tangata Whenua cultural values, in the mainstream of the Waimakariri River downstream of the confluence of the Waimakariri River with the Otukaikino Creek;

(c) ensure water quality is suitable for drinking water for animals, fisheries, fish spawning, aquatic ecosystems and is not altered in those characteristics that have a direct bearing upon the aesthetic values of water, in the Kaiapoi River, Styx River, Otukaikino Creek downstream of the Groynes picnic area, and their tributaries; and

Policy 6.2

Promote land management practices in:

(a) the Waimakariri River Catchment which assist in achieving water quality standards; and

29 Resource Consent 468 Mandeville Road, Mandeville North Policy 6.3 Within ten years of this plan becoming operative, except for stonnwater. no direct discharge of contaminants into the Waimakariri River or its tributaries should occur unless the discharge is of a standard that ensures the quality of the receiving water is not reduced outside of a reasonable mixing zone.

Chapter 6 of the WRRP recognises the multi facet values associated with rivers of the local region. In doing so, the plan aims to protect these values, both in terms of quantitative values and the qualitative values. It specifies and highlights how a river can be defined by its catchment and how developments should uphold these characteristics through the control of water quality standards of the Waimakariri River and its tributaries.

This proposal seeks bulk earthworks to construct a propriety storrnwater system to discharge storrnwater during the construction phase and post development to ground. There are no rivers, tributaries, streams, open drains, artificial watercourse, ponds or other wetlands running through the site. The nearest wet area is a water race (artificial watercourse) located on a neighbouring property with frontage to McHugh's Road . The water race is located approximately 180m from the application site.

It has been demonstrated that through the implementation of Erosion and Sediment Plan and the Storrnwater Management Plan, that the level of sediments and contaminants discharged to land will be very low and reduced to an acceptable level within guidelines.

The above assessment considers the surrounding cultural, social, economic and environmental effects and concludes that they are less than minor. The proposal is therefore in keeping with the objectives and policies of the Waimakariri River Regional Plan.

Conclusion with respect to Objectives and Policies

The proposed activity will operate at minimum 'good practice' levels to protect existing groundwater. It is therefore considered that the proposal is consistent with the policy direction of the Land and Water Plan and the Waimakariri River Regional Plan.

7.0 LEGAL FRAMEWORK

The resource management framework that applies to a discretionary activity resource consent includes Part 2 matters (Section 5), Section 104 and Section 1048.

Part 2 Matters

Section 5 contains the overriding purpose of the Act to promote the sustainable management of natural and physical resources. It guides decision making under s104 toward the overarching purpose of sustainable management by enabling people and communities to provide for their social, economic and cultural wellbeing so that the reasonably foreseeable needs of future generations can be met, whilst safeguarding the life-supporting 30 Resource Consent 468 Mandeville Road, Mandeville North capacity of air, water, soil and ecosystems, and avoiding, remedying or mitigating adverse effects of activities on the environment.

The application seeks consent for bulk earthworks to construct a propriety stormwater system on the application site and to discharge stormwater to ground during the construction phase and post development. The proposed level of stormwater treatment and disposal is considered to be best practice and any adverse effects on the environment are considered to be less than minor. On this basis, the proposal is therefore considered to meet the overriding principles of the Act.

Sections 6-8 establish certain matters of importance that cannot be overlooked when making decisions under the Act.

Section 6 sets out the matters of national importance that must be recognised and provided for. In this case, no Section 6 matters are considered relevant to the proposal.

Section 7 details matters to which particular regard must be had. The Section 7 matters considered relevant to the proposal are:

(b) The efficient use and development of natural and physical resources: (c) The maintenance and enhancement of amenity values: m Maintenance and enhancement of the quality of the environment:

The proposal is for bulk earthworks to construct a propriety stormwater system on the application site and to discharge stormwaterto ground during the construction phase and post development. The proposal is considered to represent an efficient use of land under Section 7(b). The proposal is consistent with the character of the surrounding area, and will not alter the current amenity values of the area and maintains the quality of the environment in terms of Sections 7(c) and (D.

Section 8 requires the Treaty of Waitangi to be taken into account when exercising functions, powers or duties under the Act. The proposed activity does not touch on any known matters of relevance to tangata whenua.

Consultation

Section 95A allows a consent authority to publicly notify an application for resource consent. However, subsection (2) states that a consent authority must notify the application if -

a) it decides (under section 95D) that the activity will have or is likely to have adverse effects on the environment that are more than minor; or b) the applicant requests public notification of the application; or c) a rule or national environmental standard requires public notification.

However, (3) states that 'Despite subsections (1) and (2) (a) a consent authority must not publicly notify the application if:

31 Resource Consent 468 Mandeville Road, Mandeville North a) rule or national environmental standard precludes public notification of the application; and b) Subsection(2)(b) does not apply

Subsection 4 allows for the notification of an application should the Council decide there are special circumstances.

Section 95D outlines that in determining whether an activity will have adverse effects that are more than minor, an authority must:

a) disregard any effects on persons who own or occupy i) the land in, on, or over which the activity will occur; or ii) any land adjacent to that land; and b) may disregard an adverse effect of the activity if a rule or national standard pennits an activity with that effect; and c) In the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reverses control or restricts discretion; and must: d) disregard trade competition and the effects of trade competition; and e) must disregard any effect on a person who has given written approval to the relevant application.

Section 95E outlines the requirements for determining whether a person is an affected person. It states that a person must be considered as an affected person if the activity's adverse effects on the person are minor or more than minor (but are not less than minor) .

The section allows for the council to disregard effects if a rule or national standard permits an activity with that effect, and, where an activity is a controlled or restricted discretionary activity, must disregard an adverse effect of the activity on the person that does not relate to a matter over which the Council has discretion.

Importantly, under subsection 3, the Consent authority must decide that a person is not an affected person if -

a) the person has given written approval to the activity and has not withdrawn the approval in a written notice received by the authority before the authority has decided whether there are any affected persons; or

b) if it unreasonable in the circumstances to seek the person written approval.

This application is for a discretionary activity. It is considered that the overall effects of the proposal on the wider environment and on immediate neighbours is less than minor, therefore there are no adversely affected parties arising from the application.

Section 104 - Consideration of Applications

Section 104 of the Act sets out the matters to be considered when determining decisions on resource consent applications, and is subject to the overriding guidance of Part 2. Among other things, it requires the consideration of any actual or potential effects on the environment, and the relevant provisions of the District and Regional Plans.

32 Resource Consent 468 Mandeville Road, Mandeville North Section 1048 of the Act outlines the framework for assessing an application if it is for a discretionary activity.

Section 1048 states that a consent authority may after considering an application for resource consent for a discretionary activity,

a) grant or refuse the application; and

b) It grants the application, may impose conditions under section 108.

It has been concluded that the adverse effects of the proposal are less than minor and therefore Environment Canterbury can grant consent for this application. Conditions can be imposed in accordance with section 108 of the RMA.

The Regional Policy Statement

The application does not call into question the provisions of the Regional Policy Statement.

8.0 CONCLUSION

Section 104 of the Resource Management Act 1991 sets out the matters to be considered when assessing an application for resource consent. These matters require consideration of any actual and potential effects on the environment arising from the proposal.

The proposal is for the earthworks required to construct a propriety owned stormwater system on the application site and to discharge stormwater to ground during the construction phase and post development. The effects of the proposal have been assessed and the overall effects are less than minor. The proposal has also been assessed against the relevant objectives and policies of the Land and Water Plan and the Waimakariri River Regional Plan and is considered to be consistent with the relevant provisions.

The relevant provisions of Part 2 of the Resource Management Act 1991 have been satisfied and it is considered that the proposal is consistent with the purpose of the Act, promoting sustainable management of natural and physical resources, with environmental effects being less than minor. Consent is therefore able to be granted on a non-notified basis, subject to the appropriate conditions.

33 Resource Consent 468 Mandeville Road, Mandeville North