River Gravel Extraction Compliance Report

Wiki Mooney, Environmental Compliance Officer and Steve Pickles, Principal Compliance Officer

Environment Environmental Publication2005/07 April 2005

5 Quay Street P O Box 364 Whakatane

ISSN 1175 - 9372

Working with our communities for a better environment Environment Bay of Plenty

Contents

Chapter 1: Introduction ...... 1

Chapter 2: Methodology...... 3

Chapter 3: Extraction Volumes and Compliance...... 4

Chapter 4: Summary and Conclusion...... 7

Environmental Publication 2005/07 River Gravel Extraction Compliance Report

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Chapter 1: Introduction

This report has been prepared to indicate the level of compliance in respect of consented gravel extraction from rivers in the Bay of Plenty region. This report covers the period July 2001 to December 2004.

An activity involving the disturbance of the bed of a river is controlled by section 13 of the Resource Management Act 1991 (RMA) and therefore requires consent. However, gravel extraction is normally undertaken away from waters edge so as to avoid any sediment contamination of the watercourse.

In the Bay of Plenty region, the areas of high gravel concentrations are in the rivers. In fact all of the resource consents for gravel extraction are for rivers located within the eastern Bay of Plenty.

Individuals and companies who require large volumes of gravel for construction works and building foundations hold resource consents for such activities. Environment Bay of Plenty’s Operations and Rural Services Department also hold resource consents which enable them to remove gravel to prevent erosion and the exacerbation of flooding caused by build-up of the riverbed.

In addition to the consented extractions of gravel, up to 100 cubic metres per year is able to be taken from riverbeds as a permitted activity under the Regional River Gravel Management Plan. Extractions beyond this limit and up to 7,500 cubic metres per year are also permitted provided it is undertaken by or on behalf of Environment Bay of Plenty for river management and flood protection.

This report only covers extractions carried out under resource consents and does not include volumes extracted under the Gravel Plan.

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Chapter 2: Methodology

Environment Bay of Plenty has a responsibility under the Resource Management Act 1991 (RMA) to monitor consented activities, including gravel consents. Monitoring of consents is normally undertaken as a result of notification by the consent holder, however it can also be triggered as the result of a complaint through the Environment Bay of Plenty Pollution Hotline.

The Works Engineer, under contract to the Consents and Compliance section, undertakes compliance monitoring on the gravel extraction consents. They are able to direct contractors to certain areas of river sections requiring the removal of gravel, and are therefore aware when and where any river works are occurring.

Compliance staff receive weekly notification from the Works Engineer outlining all works to be undertaken on particular rivers and streams within that week. The notification includes the site name and the appropriate consent number for the site. This allows compliance staff to audit operations authorised by the Works Engineer to ensure transparency and avoid any conflict of interest.

Although a number of consents have expired, extraction rights are still being exercised under s.124 of the Resource Management Act 1991. At the time of this report, there were six current consents and twelve consents operating under s.124. There were also a further two consents that have expired during the reporting period and no further application has been made to continue extraction at the site i.e. they are not operating under s.124. All of the consents have environmental conditions specified. Most of the consents have conditions that state:

• All gravel extraction to be carried out above water level.

• No extractions or stream crossings are to occur during fish spawning season.

• No extractions or machinery operations to be undertaken within 4.0 metres from the waters edge.

• Material shall not be stockpiled within 20 metres of the water’s edge.

• Refuelling activities or fuel storage shall not occur within 20 metres of water’s edge.

• Stream crossings shall be kept to a minimum and only at designated sites.

• Any works shall not damage stopbanks and/or river protection works.

• The extraction site is to be left in a condition that compliments the existing landscape, aesthetic and amenity values of the surrounding areas.

• The consent holder is required to submit returns on a regular basis of the volumes of gravel removed.

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Chapter 3: Extraction Volumes and Compliance

Below is a summary indicating the total quantity of gravel extracted from each river for the period July 2001 to December 2004.

Table 1: River Gravel Extraction 2001/2004 (Consented Sites only)

River Total Volume Extracted (m3) Consent Used

Whakatane River 49,570 50372, 60235 Waimana River 58,883 50371, 50449, 60284 Horomanga River 34,833 50706, 50828, 50851, 60300, 61429

Ohutu Stream 3,525 50706, 50851, 60300, 61429

Mangamate River 8,623 50828, 60300, 61429 Kopuriki Stream 522 60023, 61437 Waikokopu Stream 430 50706

Waihui Stream 2,426 60443 River 55,622 50705, 51060, 60304 Otara River 4,001 51061

Waiotahe River 5,526 50448

Waiaua River 850 50922 River 776 51035 TOTAL 225 587m3

For comparison, river gravel extraction totals for the financial years from start of July 2001 to end of December 2004 are listed in the table below.

Table 2: Total volumes of gravel extracted from rivers in the Bay of Plenty Region

Year Volume of gravel extracted 2001/ 2002 75026 2002/ 2003 86019 2003/ 2004* 64542 TOTAL 225,587 * Includes volumes from July 2003 to December 2004

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The average extraction of gravel during the 1993/1997 period was 200,000m3 per year, for the 1997/2001 period was 98,000m3 per year and for this reporting period (2001/2004) the average extraction was approximately 75,000m3 per year. The recent decrease in extraction has resulted in a large build-up of gravel in some streams and rivers.

An example of this was the Horomanga River, where in order to manage the stream effectively, Environment Bay of Plenty’s River Engineer authorised more gravel to be extracted than allowed by the consent limits.

Table 3: Gravel Extraction Exceedence

Consent Site Period Volume Consent Limit Number Extracted (m3) (m3/annum) 50828 Horomanga River 2002 14483 3000 50828 Horomanga River 2003 6337 3000

With the exception of the exceedence detailed above, there has only been one other compliance issue of note. This related to the way operations were being carried out under consent 60235. On two separate occasions in 2002 extraction had been carried out below the waterline and stockpiles were left within 20 metres of flowing water. However, compliance with this consent has been good since 2002.

In summary, the overall compliance with gravel extraction consents has been good. Appendix I contains detailed compliance information for individual consents and highlights any issues relating to compliance at each site.

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Chapter 4: Summary and Conclusion

At the time this report was being prepared there were six current consents and twelve s124 consents authorising the extraction of gravel from rivers in the Bay of Plenty region. There were also a further two consents that had expired during the reporting period.

The Regional Gravel Management Plan allows for limited extraction of gravel as a permitted activity but greater quantities are required to be extracted to effectively manage rivers and streams in the eastern Bay of Plenty. These larger extractions are covered under individual consents.

The previous report highlighting the same activities achieved a compliance rating of 100 percent. Although compliance for this report has not achieved the same level, the two issues of non- compliance discussed in the previous chapter did not result in any significant environmental effect. Therefore the overall level of compliance is still rated as good.

Contractors and Environment Bay of Plenty staff have achieved a good working relationship so that minimal supervision is required to ensure compliance with consent conditions.

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Appendix I – Gravel Extraction Compliance Summary Forms

Gravel Extraction Compliance Summary Consent Holder: Waiotahi Metal Supplies

Consent Number 50371 Status Expired 31 October 1996 s.124 applied

Location Waimana River: Dunstan’s property at site 2 & 3

Last Activity March 2002

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Waiotahi Metal Supplies

Consent Number 50372 Status Expired: 31 October 1996 s.124 applied

Location Whakatane River: Sykes & Dunstan’s property and Reid’s Road

Last Activity March 2003

Returns Supplied Yes

Compliance Issues None

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Gravel Extraction Compliance Summary Consent Holder: Wilson Brothers Earthmovers Limited

Consent Number 50448 Status Expired: 30 November 1996 s.124 applied

Location River: Young property

Last Activity March 2003

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Wilson Brothers Earthmovers Limited

Consent Number 50449 Status Expired: 31 November 1996 s.124 applied

Location Waimana River: Wardlaw Road, Lowes/Mexted

Last Activity December 2002

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Waiotahi Metal Supplies

Consent Number 50705 Status Expired: 30 June 1998 s.124 applied

Location Waioeka River: Robbie Peterson property

Last Activity June 2003

Returns Supplied Yes

Compliance Issues None

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Gravel Extraction Compliance Summary Consent Holder: Waiotahi Contractors Limited

Consent Number 50706 Status Expired: 30 June 2003 s.124 applied

Location Horomanga River & Waikokopu Stream

Last Activity June 2002

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Wilson Brothers Earthmovers

Consent Number 50828 Status Expired: 30 November 2003 s.124 applied

Location Horomanga River and Mangamate Stream

Last Activity March 2003

Returns Supplied Yes

Annual gravel extraction was exceeded during 2002 and 2003. The exceedance Compliance Issues was authorised by the Works Engineer.

Gravel Extraction Compliance Summary Consent Holder: TA & OM Robinson

Consent Number 50851 Status Expired: 30 June 2004

Location Horomanga River: Troutbeck Road

Last Activity December 2002

Returns Supplied Yes

Compliance Issues None

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Gravel Extraction Compliance Summary Consent Holder: Works Infrastructure

Consent Number 50922 Status Expires: 30 April 2005

Location River

Last Activity March 2004

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Waiotahi Contractors Limited

Consent Number 51035 Status Expires 31 July 2011

Location Raukokore River

Last Activity September 2002

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Bay of Plenty Regional Council

Consent Number 51060 Status Expired: 1 June 1999 s.124 applied

Location Waioeka River: State Highway 2 Bridge

Last Activity June 2003

Returns Supplied Yes

Compliance Issues None

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Gravel Extraction Compliance Summary Consent Holder: Bay of Plenty Regional Council

Consent Number 51061 Status Expired: 31 January 2002 s.124 applied

Location Otara River: Carter property

Last Activity June 2003

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Waiotahi Contractors Limited

Consent Number 60023 Status Expires: 31 August 2008

Location Kopuriki Stream

Last Activity Nil

Returns Supplied Nil

Compliance Issues None

Comments No extraction during the period

Gravel Extraction Compliance Summary Consent Holder: Tracks Concrete Limited

Consent Number 60235 Status Expired: 30 April 2000 s.124 applied

Location Whakatane river Blacks property

Last Activity September 2004

Returns Supplied Yes

Two separate occasions in 2002 when extraction had been done below the Compliance Issues waterline and stockpiles were within 20 metres of flowing water. Has complied with consent conditions since 2002.

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Gravel Extraction Compliance Summary Consent Holder: Bay of Plenty Regional Council

Consent Number 60284 Status Expired: 31 October 1996 s.124 applied

Location Waimana River: Len Brown & Clayton property

Last Activity March 2003

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: TA & OM Robinson

Consent Number 60300 Status Expired: 30 June 2004

Location Horomanga River: Troutbeck Road

Last Activity September 2002

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Waiotahi Contractors Limited

Consent Number 60304 Status Expired: 30 April 2002 s.124 applied

Location Waioeka River: Michaels property

Last Activity September 2002

Returns Supplied Yes

Compliance Issues None

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Gravel Extraction Compliance Summary Consent Holder: Waiotahi Contractors Limited

Consent Number 60443 Status Expires: 30 June 2007

Location Waihui Stream: Ruatahuna

Last Activity March 2003

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: Bay of Plenty Regional Council

Consent Number 61429 Status Expires: 31 March 2012

Location Horomanga River, Ohutu and Mangamate Streams

Last Activity March 2004

Returns Supplied Yes

Compliance Issues None

Gravel Extraction Compliance Summary Consent Holder: A Edelsten

Consent Number 61437 Status Expires: 31 August 2008

Location Kopuriki Stream

Last Activity October 2003

Returns Supplied Yes

Compliance Issues None

Environmental Publication 2005/07 River Gravel Extraction Compliance Report