Report to the Manager, Environmental Regulation on a notified resource consent application Summary of application Activity: Earthworks, stream piping, stream reclamation and soil disturbance associated with the harvesting of 44.3 ha of pine forest. File Reference: WGN110347 Applicant: Pauatahanui Forest 346 Paremata Haywards Road Judgeford Porirua 5381 Attention: Wendy and Graham Bugden Address for service Forest Owner Marketing Service PO Box 96 Fielding 4740 Attention: Paul van der Voort Consents sought: [31252] Discretionary Activity Discharge permit to discharge stormwater contaminated with sediment, originating from areas of bulk earthworks exceeding 0.3 hectares, into water, and onto land where it may enter water, from sediment control and treatment measures; [31254] Discretionary Activity Water permit to dam and divert the full flow of a tributary of the Pauatahanui Stream through a pipe [31048] Non complying Activity Land use consent to place a pipe and associated disturbance and deposition in the beds of a tributary of the Pauatahanui Stream in association with the logging of pine forest [31255] Discretionary Activity Land use consent for disturbance of and deposition on the beds of a tributary of the Pauatahanui Stream in association with the cable hauling logs. [31253] Discretionary Activity Land use consent to disturb soil in association with constructing roading and tracking with an upslope batter greater than 2 metres extending for a length greater than 200 metres. [31345[ Discretionary Activity Land use consent to reclaim a ten metre section of stream bed of an unnamed tributary of the Pauatahanui Stream. Location: 346a Paremata Haywards Road, Judgeford, Porirua Map Reference: Between approximate map references NZTM 1763145.5445413, 1763288.5445043, 1763889.5444836, 1763958.5445265 and 1763553.5445724 Legal Description: Lot 2 DP 89065 Recommendation: I recommend that the above consent be granted, subject to conditions, for the reasons outlined in this report. Decision report Andrew Dooney Resource Advisor, by: Environmental Regulation Decision peer Michelle Consultant, reviewed by: Conland Environmental Regulation Decision peer Sonia Baker Team Leader, reviewed by: Environmental Regulation Decision Alistair Cross Manager, approved by: Environmental Regulation Contents 1. Purpose 1 2. Background 1 3. Description of Activities 2 3.1 Harvesting 2 3.2 Track upgrades and construction 3 3.3 Skid site and hauler pad construction 3 3.4 Pipe crossing 4 4. Erosion and sediment control measures 4 4.1 Track and skid site/hauler pads 4 4.2 Slash control measures 5 5. Monitoring 5 6. Statutory Reasons for requiring consents 6 6.1 Track construction 6 6.2 Discharge of sediment laden water 6 6.3 Harvesting 7 6.4 Piping and stream reclamation 7 6.4.1 Permanent diversion of stream flows 7 6.4.2 Placement of a pipe in the stream bed and associated reclamation 7 6.5 Overall activity status 7 7. Consultation 8 7.1 Consulted Parties 8 7.2 Issues raised 8 8. Notification and submissions 9 8.1 Notification 9 8.2 Submissions 9 8.3 Issued raised by submissions 9 9. Further information and meetings 10 9.1 Further information 10 9.2 Prehearing meeting 10 9.3 Further negotiations 10 10. Environmental effects 11 10.1 Existing environment 11 10.1.1 Application site 11 10.1.2 Recognition of receiving environment 12 10.2 Effects of erosion and scour 13 10.3 Effects on aquatic environment 13 10.3.1 Effects of sediment discharge on water quality 13 10.3.2 Effects of harvesting 14 10.3.3 Effects on fish passage and migration 15 10.3.4 Loss of habitat 16 10.4 Effects of flooding risk 16 10.5 Summary 17 11. Statutory Criteria 17 11.1 Resource Management Act 1991 17 11.1.1 Section 105 17 11.1.2 Section 107 18 12. Objectives and policies of the relevant planning instruments 104 (1) (b) 19 12.1 National Planning Instruments 19 12.1.1 National Policy Statement for Freshwater Management 2011 19 12.2 Regional Planning Instruments 20 12.2.1 Regional Policy Statement 20 12.2.2 Proposed Regional Policy Statement 22 12.2.3 Regional Plans 23 12.3 Other relevant matters 25 12.3.1 National Environmental Standard 25 12.3.2 Other regulations 25 13. Part 2 of the Act 25 13.1.1 Section 6 – Matters of National Importance 25 13.1.2 Section 7 – Other Matters 26 13.1.3 Section 8 – Principles of the Treaty of Waitangi 26 13.1.4 Section 5 – Purpose and Principles 27 14. Conclusion and recommendation 27 14.1 Duration of consent 28 15. Monitoring 28 16. Suggested consent conditions 29 16.1 General conditions 29 16.2 Earthworks Conditions for WGN110347 Discharge Permit [31252] and Land Use Consent (Soil Disturbance) [31253] and [31255] 31 16.3 Water Permit Conditions (Dam and divert water) WGN110347 [31254] 36 16.4 Land Use Conditions (Pipe and Reclamation) WGN110347 [31048] and [31345] 37 1. Purpose This report provides an analysis of the resource management issues in respect of Pauatahanui Forest Limited application WGN110347 [31048], [31252], [31253] [31254], [31255] and [31345] for resource consent to undertake various works associated with the harvesting of 44.3 ha of exotic forestry at 346a Paremata Haywards Road, Judgeford. The applicant has also lodged an application for land use consent with the Porirua City Council (PCC) as the proposal falls within their jurisdiction also and requires consent under their District Plan (Ref RC6131 (LU128/11). The notification is being undertaken as a joint process between GW and PCC on this basis. 2. Background Pauatahanui Forest Limited (the applicant) has applied to the Greater Wellington Regional Council (GW) to undertake earthworks, stream piping, stream reclamation and soil disturbance associated with the harvesting of 44.3 ha of pine forest. They have done so using Forest Owner Marketing Services (FOMS) as their agent. The location of the site can be seen in Figure 1 below: P a P u a u a a t ta a h h a a n n u u i i S S t t r r e e a a Judgeford Golf Course m m / / C C a a t t c c h h m m e e n n t t P a u a ta h a n u i S t r e a m /C a tc hm e nt Figure 1: The application site is outlined in red. Intermittently and permanently flowing tributaries of the Pauatahanui Stream are shown in blue On 20 May 2011, the applicant lodged a consent application for the proposed harvest and subsequently GW made the decision to notify the consent as the effects were deemed to be more than minor. This decision is outlined in my memo dated 28 June 2011 (Appendix 1) which states the criteria involved with this decision. WGN_DOCS-#964278-V1 PAGE 1 OF 39 To enable harvesting, the applicant needs to undertake the following works within the application site (shown in Figure 1): Construct new and upgrade existing access tracks including the installation of a 10m pipe crossings of an unnamed tributary of the Pauatahanui Stream; and Construct skid sites and cable hauler pads; and Cable haul logs across the bed of an unnamed tributary of the Pauatahanui Stream. A description of these activities is provided in Section 3, below. The operation is expected to take 2-3 years with the operation commencing as soon in 2011 as possible in the event that consent is granted. Works will be undertaken to construct and upgrade the roading and skid sites over the summer months of 2011-2012. Harvesting will then occur in the summer months of 2012-2013. 3. Description of Activities 3.1 Harvesting The applicant proposes to use both a cable hauler and ground based methods to harvest the forest. The cable hauler will be used over the majority of the site, particularly in steeper terrain, as it generally results in a smaller network of roads and landings, and therefore less soil disturbance. Ground based methods are proposed to be used on gentler terrain and in isolated pockets of the site where using a hauler is not practical. As shown in the Harvest Plan, attached in Appendix 2 of this report, the applicant proposes to fell and pull logs away from watercourses and gullies where practical. However, there are significant areas where logs will be pulled across permanently flowing streams to reach a skid site/pads 2, 4 and 5. This has been reduced, however, following negotiations with DoC as part of the hearings process. This is also been included in Appendix 2. The alternative to hauling logs across the streams would require additional tracks to be constructed in close proximity to the streams. This could, in the opinion of the applicant, substantially increase the amount of soil disturbance and therefore the amount of sediment-laden runoff. Runoff from tracking may be difficult to control in the base of gullies, near watercourses. There is an area of forest that is not able to be harvested by a cable hauler and is proposed to be harvested by shovel logging. This is located on the western bank of stream C in the vicinity of the proposed pipe. This is a process where an excavator crosses the stream by placing a log in the stream then drives across it. This is designed to minimise stream bank damage. Once the excavator has crossed the log will be removed. Once the logs are harvested by ground based methods they will be moved in stages by the excavator over and above the stream to the adjacent road. PAGE 2 OF 39 WGN_DOCS-#964278-V1 The applicant proposes to replant the forest in pine trees within 18 months of harvesting with a 5m buffer on both sides of the stream.