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Teralba Quarry Extensions

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Teralba Quarry Extensions METROMIX PTY LTD ABN: 39 002 886 839 Teralba Quarry Extensions Response to Submissions Major Project Application No. 10_0183 June 2012 Compiled by: R.W. CORKERY & CO. PTY. LIMITED This page has intentionally been left blank RESPONSE TO SUBMISSIONS METROMIX PTY LIMITED Report No. 559/20 Teralba Quarry Extensions Response Date: June 2012 CONTENTS Page GOVERNMENT AGENCY SUBMISSIONS ............................................................................................... 1 DEPARTMENT OF PLANNING AND INFRASTRUCTURE (DP&I) .......................................................... 1 ENVIRONMENT PROTECTION AUTHORITY (EPA) ................................................................................ 7 MINE SUBSIDENCE BOARD (MSB) ....................................................................................................... 14 NSW OFFICE OF WATER (NOW) ........................................................................................................... 16 OFFICE OF ENVIRONMENT AND HERITAGE (OEH) ........................................................................... 18 LAKE MACQUARIE CITY COUNCIL (LMCC) ......................................................................................... 19 ROADS & MARITIME SERVICES (RMS) ................................................................................................ 48 PRIVATE SUBMISSIONS ........................................................................................................................ 49 NAME WITHHELD OF MARKS POINT: FAUNA .................................................................................... 49 NAME WITHHELD OF TERALBA: BLASTING ....................................................................................... 49 MS KIM GRIERSON OF TERALBA: VARIOUS ISSUES ....................................................................... 49 MR DARREN BURGESS OF TERALBA: VARIOUS ISSUES ................................................................ 51 MR SIMON ZABLOTSKY OF TERALBA: VARIOUS ISSUES ................................................................ 51 AWABAKAL DESCENDANTS TRADITIONAL OWNERS ABORIGINAL CORPORATION: VARIOUS ISSUES .................................................................................................................................................... 53 ANNEXURES Annexure 1 Supporting Documents .....................................................................................................A1-1 Annexure 2 Environment Protection Authority Attachments ................................................................A2-1 Annexure 3 Supplementary Fauna Assessment ..................................................................................A3-1 Annexure 4 Visual Impact Assessment ................................................................................................A4-1 Annexure 5 Modified Air Quality Assessment ......................................................................................A5-1 Annexure 6 Addendum to Aboriginal Heritage Assessment ................................................................A6-1 Annexure 7 Final Statement of Commitments .....................................................................................A7-1 FIGURES Figure A1 Area of Vegetation to be Removed ........................................................................................ 3 Figure A2 Modified Biodiversity Offset ................................................................................................... 5 R. W. CORKERY & CO. PTY. LIMITED i METROMIX PTY LIMITED RESPONSE TO SUBMISSIONS Teralba Quarry Extensions Report No. 559/20 Response Date: June 2012 PREAMBLE This document assembles the responses to submissions from six State Government Agencies, Lake Macquarie City Council and six private individuals in response to the circulation / public exhibition of the Environmental Assessment for the Teralba Quarry Extensions. The response has been compiled by R.W. Corkery & Co. Pty Limited with input from: Metromix Pty Ltd Archaeological Surveys and Report Pty Ltd Kendall & Kendall Spectrum Acoustics Pty Ltd Idyll Spaces SLR Consulting Pty Ltd The response is accompanied by a total of seven annexures incorporating: a range of supporting documentation (Annexure 1); attachments to the EPA submissions (Annexure 2); a Supplementary Fauna Assessment (Annexure 3); a Visual Impact Statement (Annexure 4); a modified Air Quality Assessment (Annexure 5) an Addendum to Aboriginal Heritage Assessment (Annexure 6); and the Final Statement of Commitments (Annexure 7). ii R. W. CORKERY & CO. PTY. LIMITED RESPONSE TO SUBMISSIONS METROMIX PTY LIMITED Report No. 559/20 Teralba Quarry Extensions Response Date: June 2012 GOVERNMENT AGENCY SUBMISSIONS The following responses have been compiled in response to the formal submissions forwarded to the Department of Planning and Infrastructure. The submission from the Division of Resources and Energy did not require a response. A range of issues raised by the Department of Planning and Infrastructure in email correspondence are also addressed. Issue / Response DEPARTMENT OF PLANNING AND INFRASTRUCTURE (DP&I) DP&I Issue 1: Application Area Following Lake Macquarie City Council’s submission, the DP&I has some doubt as to the description of the extent of the Project and assessment of vegetation impacts particularly in regard to the construction and relocation of power lines. Figure 1.2 of the EA shows the Project boundaries limited to those lands owned, or controlled by the proponent and clearly excludes the related transmission lines from the project. Elsewhere in the EA (such as Figure 2.17) the location of the proposed power lines is shown (giving the impression that this is a component of the Project. The text of page 2.42 of the EA is somewhat ambiguous indicating that the flora and Aboriginal heritage issues for the power lines have been considered in conjunction with Energy Australia. The table of areas of vegetation proposed to be cleared indicates an area within the proposed new power line easements to be cleared – but Table 7 from the specialist study has not been transferred to the main text as Table 5.12 with the same descriptions of the vegetation to be removed for the power lines. (Is it 33kV or 33kV and 11kV, etc.?). Most sections of the text refer to the potential removal of 28.7 ha of native vegetation. Does this include all vegetation proposed to be removed to allow the full length of the relocated power lines? However, on page 2-53 reference is made to the potential removal of only 25.9 ha of native vegetation and a BOS offset ratio of 4.6 rather than a ratio of 4.1 referenced in most other places. The DP&I is also concerned about the location of clearing required for the power line easement adjacent to the coal haul road in the vicinity of the T. juncea clumps identified for retention. The DP&I believe the Project should proceed to be assessed on the basis of the current description of the Project contained in the EA. Consequently, a separate approval for the construction and utilisation of the relocated 11 kV and 33 kV power lines is required. The DP&I consider that relocating the power lines would involve vegetation clearing that has not been assessed. Further clarification is required in terms of the precise area of vegetation removal to be offset. The DP&I request a definitive statement that clearly identify: a) The Project boundary; b) Areas of native vegetation proposed to be cleared; c) Whether the impacts of easement clearing have been assess (for all lands needed to relocate the power line); and d) Whether the T. juncea clumps adjacent to the haul road are completely safe from impact? R. W. CORKERY & CO. PTY. LIMITED 1 METROMIX PTY LIMITED RESPONSE TO SUBMISSIONS Teralba Quarry Extensions Report No. 559/20 Response Date: June 2012 Issue / Response DEPARTMENT OF PLANNING AND INFRASTRUCTURE (DP&I) Response The statements regarding the apparent ambiguity regarding the inclusion (or otherwise) of the relocated power lines in the project is acknowledged. Metromix intends to seek a separate approval for the relocation of the power lines, i.e. through Part 5 of the Environmental Planning and Assessment Act 1979, i.e. by Ausgrid (formerly Energy Australia). The separation of the two approvals has been based upon the recognition that the proposed relocation of power lines may be carried out without consent under Clause 41 of the State Environmental Planning Policy (Infrastructure) 2007 subject to an assessment under Part 5 of the EP&A Act. Metromix has had numerous discussions with Energy Australia and more recently Ausgrid throughout the preparation of the Environmental Assessment and established that Ausgrid is most comfortable in assessing the proposed relocated power lines under Part 5 of the Act. Metromix will work closely with Ausgrid over the next few months to assemble the required REF for the power line relocation. In light of this approach, the responses to the above questions are as follows. a) The Project Boundary The Project Site boundary relied upon for the application for the project approval for the Teralba Quarry Extensions is that displayed on Figure 1.2 of the EA. This boundary is consistent with all documents publicly exhibited. It is acknowledged that the boundary of the Project Site is located on the eastern side of the Private Coal Haul Road and does not include the area of land on the western side of the Private Coal Haul Road that will be used for the relocated 11kV and 33kV
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