TATTERSALL ~-' LANDER PTYLTD ~ 12th May 2017

OUR REF: 216199-L001004 - COU NelL YOUR REF: DA-291/2017 !', :u.COAST ...

16 MAY 1017 The General Manager MidCoast Council r.::or,DS PO Box 450 ----_...- FORSTER NSW 2428

Attention: Wayne Burgess - Project Manager-Development Assessment

Dear Wayne,

RE: LOT 100 IN DP 1047534 -182 MYALL WAY, TEA GARDENS DEVELOPMENT APPLICATION FOR EARTH MOUND

With regard to DA 291/2017 and in response to your correspondence (dated 24 February 2017), please accept this letter and attached plans as a suitable response and also as an addendum to the previously submitted Statement of Environmental Effects. In addition to this correspondence, amended plans and an ecological report (by Wildthing Environmental Consultants) have also been prepared and are attached.

As stated above, this correspondence is to be considered an addendum to the previously submitted Statement of Environmental effects and is therefore to be read in conjunction with the afore mentioned report. All issues raised by the Department of Primary Industries (Water) are addressed within this document and also within the attached amended plans and ecological report.

Water Management Act 2000 The proposal includes works which fall under Section 91 Activity approvals of the Water Management Act 2000.

The objective of the controlled activities provisions of the Water Management Act 2000 is to establish and preserve the integrity of riparian corridors. The following principles should be employed to meet this objective:

Identify whether or not there is a watercourse present and determine its order in accordance with the Strahler System.

Comment - It is acknowledged that a watercourse is present (Station Creek) and the watercourse at this location is a third order stream under the Strahler system.

. If a watercourse is present, define the RCNRZ on a map in accordance with Table 1.

DEVELOPMENT CONSULTANTS IN ENGINEERING, SURVEYING, PLANNING & ENVIRONMENTAL

Tattersall LanS r AEN ~ I 'h c,ly_ I" Pty Llllllted _

2 Bourf,e Street RAYMOND TERRACE 232-1 All mail to PO Box 580 .~, ~.~G e 9' -19871"')0 Fax: Email: adl1l1ll(i COl1r.lu " \ Telephone: \(12) 1021-1987 1731 tallcllld t,>.,... .\,.~"", v"t. l li'md COIl1 au

S:IClients1201612161 991Correspondencel2161 99-LOOl 004 Council Issues Earth Mound .docx TATTERSALL ~;- LAN 0E R PTY LTO

Comment - The requirements for a third order stream are 30 metre width each side of the watercourse (60m plus channel width). This has been shown on the attached plans.

. Seek to maintain or rehabilitate a RCNRZ with fully structured native vegetation in accordance with Table 1.

Comment - The previously submitted landscape plan shall assist in establishing native vegetation to assist in the rehabilitation of the site. It is acknowledged that this landscape plan only included trees and therefore it cannot be considered as fully structured; accordingly, an amended landscape plan has now been prepared and is attached. It is also acknowledged that the vegetation structure on top of the earthen mound shall be different to that located in the VRZ, however, given this proposal shall impact upon a small area of the VRZ, it is considered that the proposal shall not have a negative ecological impact overall, and the relatively minor incursion into the VRZ is able to be offset through the preservation of other areas of the VRZ.

. Seek to minimise disturbance and harm to the recommended RCNRZ.

Comment - Whilst the proposed mound is to be located within the VRZ, the proposed landscaping shall ensure that appropriate vegetation results in there being no adverse ecological impacts.

. Minimise the number of creek crossings and provide perimeter road separating development from the RCNRZ.

Comment - This proposal does not include any creek crossings nor does it involve any roads. The proposal does not include any development which may be separated from the RCNRZ via a perimeter road.

. Locates services and infrastructure outside of the RCNRZ. Within the RCNRZ provide multiple service easements and/or utilise road crossings where possible.

Comment - The proposal does not include any services or infrastructure relevant to this principle.

. Treat storm water run-off before discharging into the RCNRZ.

Comment - The proposal shall not result in any structures which would produce any stormwater run-off which would require treatment.

Relevant cross sections and plan requirements requested by DPI Water have been included in the attached plans.

Council has questioned the source of the fill required for the earthen mound. The quantity of fill required for the mound is 2400 cubic metres of fill. There is an approval for a dwelling and shed for the site and the required 2400 cubic metres of fill shall be available from the earthworks required for the dwelling and shed, therefore there is no requirement for any additional fill to be brought on to site and no requirement for an application for an extractive industry or considerations for a designated development are relevant. TATTERSALL ~\ ~T LANDER PTYLTD

The earthen mound is to include fencing on top of it to assist in noise suppression. Details are contained on the attached plans.

With regard to Councils concerns regarding the unauthorised works, our investigations have revealed that in all likelihood, there are apparent unauthorised works on the site and that these works were likely carried out by different parties.

The two existing earth mounds shown on the design plans predate the LiDAR data run in December 2012, as can be seen on the overlay below. (LiDAR metadata also attached). These works existed on the property before it was purchased by the current owner, and are believed to be constructed by the RMS during highway upgrade works -2010 and this is identified and supported by Google images of the changes to the landscape during the Highway construction activities.

Image 1 below identifies the relevant LiDAR diagram.

It does appear that the more southern mound has been extended recently, by approximately 40m to the south west, along with the extension of the dam to the south of this mound. Neither appear on the Google image dated 10 January 2016, but do appear on the image dated 29 June 2016. (Our date of survey was 20 July 2016). It does not appear consent was obtained for these relatively minor works.

Station Creek is a third order stream in this location, and while the dam was extended away from the creek line, it still would have involved works within the Riparian Zone (and would also appear to have included works within the waterway, filling over the western high bank). From the google images it would seem that approximately 10 trees were removed as a result of this work, 7 of which were within the riparian corridor. The recent construction would appear to have been a cut/fill operation - from our 'as built' survey data it has been calculated that approximately 2200cu.m was moved from the new dam/drain extension to create the mound extension. Image 2 below is a screen shot of the bulk earth works calculations.

/" II I ": '0.1 (L Lf~ " TATTERSALL \ ~. LANDER PTYLTD ~~

Image 1 - LiDAR Image of 2012 information

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Image 2 - Screen shot of the bulk earthworks calculations.

f- j, TATTERSALL ~.", , LANDER PTYLTD ~

Existing Storm water Pipes

The existing pipes were surveyed as 3 x 1200mm dia., 3.3m long, U/S inverts approximately 7.5m AHD, D/S inverts approx. 7.45m AHD, equating to approximately 1.5% grade. The overflow level is approximately 9.Om AHD. The age of this culvert crossing is unclear - it is identified in the 2012 LiDAR data, and appears as a historical structure that has been onsite for a significant time. A simplified culvert calculation gives a capacity of approximately 7.9m3/s, but a significantly more detailed upstream catchment analysis (including upstream culverts under Myall Way and the Pacific Highway) would be required to give an accurate ARI analysis. Given it has been onsite for some time and does not provide permanent access to any dwelling or infrastructure that requires flood-free access, such an assessment of flow performance seems unwarranted.

Preliminary flood routing models through the work area (screenshot is Image 3 below) have been undertaken. In summary, in the 100yr 2hr storm the current mound extension would have increased water levels at Myall Way by 0.03m. The proposed mound would increase this by a further 0.04m. The modelled water level is around 0.5m from topping the Myall Way, and there is no other upstream assets of infrastructure that would be affected. Both the Myall Way culverts and internal culverts on our site are permanently partially submerged and the water level is controlled by a spillway on the main dam that has been in place for many years and probably at least 30 years old. Further investigations are not considered relevant as to the age of the structures until Council has determined its position with respect to the details presented in this advice.

Image 3 - Screen shot of Preliminary Flood Modelling of culvert operations

r) ~ r'j, , I,.. c ~ TATTERSALL \ LANDER PTYLTD~,r

With respect to the issue of the effectiveness of the mound structure the attached plans indicate a relevant long-section that provides clarity to the issue.

Attached to this addendum is a Seven Part Test ecological report that has addressed the specifics of the request and its conclusion is that there will be no significant adverse impact on any viable populations of threatened species.

Relevant copies (4x)of additional plans and reports are attached.

We trust that the above is sufficient to enable processing of this Development Application, however, should you require any additional information or have any questions, please do not hesitate to contact either Bob Lander or myself at this office.

Kind regards TATTERSALL LANDER PTY LTD

encl. TATTERSALL ~-~ \ LANDER PTYLTD ~'

Appendix A:

Amended Plans '. PROPOSED EARTH MOUND

LOT 100 IN DP 104753 MY ALL WAY & PINDIMAR ROAD

Schedule of Drawings Sheet File Number Description Revision

1 21600325 B __ TIT,~~!_A~~'~'~~'~rH

2 21600326 DET AIL PLAN EARTH MOUND B

100 3 21600327 SITE SECTIONS B OP 1047534 4 21700051 HOUSE TO MY ALL WAY SECTION A

5 21600463 SOIL & WA TER MANAGMENT PLAN B

6 21700052 LANDSCAPING PLAN A

DP 714149 4

DP 1042045 8

LANDER ~ Designed By TATrERSALL PTYLTD DEVELOPMENT CONSULTANTS IN ENGINEERING, SURVEYING & PLANNING ~ LOCALITY SKETCH po Box 580 RAYMOND TERRACE Phone (02) 4987 1500 I NOT TO SCALE J m.E , 21600325 ~ JOB No. : 216199 SHEET No. :1 of 4 ~.Vli."h\7nl~\71lim\nWl'l\1'IIil" MI'IINlI'fC;lI'1Nllwn PI"tt.ft r:t.':111n/n/. 117 WAy ------.:::

"> =- =--~

PROPOSED MOUNO

RL = 13m 12 BATTER TO EXISTING

./ / /' / /' I 10 "A" I I ! ( \ CJ I I I , o I i ) Ii, 1/ I /O:Q I,. I~I I ' U I ~ /'~I I ;' / I I / j / J / EXISTING I /' ( TOP DAM \ / ;'Ol>(( \ ~~ -I- / /I/ \ ( CJ / / \ I \ m~~ ,{f:l /M/Yr:k \ / / ~ / t0JJ \ \ / / / / ! .~ II ~~ I I \ / / 'I/o~ .'" ~ ( ~ / I I - i I \ I //7---"~L ..--..\.- I- /' !

:;; II / \ .-/ LEGEND \ ./' :: \ \ ! \ \ \ \ ~ ---- EXISTING CONTOUR --- " (1m INTERVAL) ~ - \ / \ /; I \ \ , ------DESI GN CON TOUR (1 m INTERVAL) l' ------\

DRAINA GE CHANNEL >

EXISTING PIPE TATTERSALL PLAN OPOSED EARTH MOUND ANDER F'TYLTD SHOL~~~o6~N ;VELOP"ENT ~ EXISTING TREE CO~~~~T! MY ALL A Y 8. DPOPIN 101M 4~~3~OAD o ENGINEERING, SU PLANNING ~EA 2 urke SL POBox 580 GARDENS SEE SHEET 3 FOR SECTIONS 8~OND TERR ACE. 2324 ~(02) ~ga"'1733 Phone (02) '.."'00 CLIENT: BAD UN PlY l TO lOB No.: 216199 COMPUTER fiLE I \ \ \ l-; L (lfANNEl '" EXISTING \t-\ \. I

E'"

I I-l- I I I -.l 0", z 13 13 13 13 13 13 '3 13 13 13 13 '3 13 13 13 13 13 13 13 ,!"T1-", ,CI 8.756

I I..).. I I I -1 !"T1 ZCI ,",x",11><- ,--4 7.862 7.856 8.298 8.661 8.156 "08 '.408 '.76' ".132 10.713 '0.963 '1.275 11.514 11.994 12.458 12.184 '2.296 '0.62' ".639 10.896 11.696 13.807

I I I I-l- I I I -.l I nI)>Z)>CI", -'0 -2.646 0 1.753 3.822 ,H, '5 22.111 30 40.8'2 41.147 45 51627 60 70.751 72.m 75 79.394 81898 90 105 120 ~3 137.5 '47.'88

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MYAll WAY ~~ -- ~~ ~ t--1 ~ r -- r--____ >-1 ~ > /'I~/'~ ./

""- R.L.-2.D DESIGN '" '" LEVEL

EXISTING ~ ~ ~ !;i ~ i " :; ~ i!! i!! ~ ~ ~ il ~ '" ; '" ~ '" '" '" '" " .. .. '" - ~ LEVEL .. .. to .,; ;! oj ; oj ~ ~ S; ; .. ~ : ;;; ~ .. .. ;; ~ ~ ~ "

:;: ii\ ~ l!: ~ 0 ~ ., ;;: ~ :;: " ~ ~ CHAINAGE ~ !!l :!! .., " .. ;::! ~ is ~ lC ~ iil ~ ~ ~ ~ - " ~ ~ .. .. il! ~ ~ ;

SECTION C-(

H=1:1000 V=1:200

COUNCIL REFERENCE TATIERSALL PLAN SHOWING PROPOSED EARTH MOUND MID (OAST 21700051 PARISH LANDER PTYLTD 'HUT il HOUSE - MY ALL ROAD SECTION A3 Or;aOPMENT CONSULTANTS COWEAHBAH SIZE LOT 100 IN DP 1047534 ENGfNEERING. SURVEYING ct PLANNING SCALE SHE~ No. AV AV 1:2000 A3 Origini\llssut ~ Bourke St. P.O. Box 580 MY ALL WAY 8. PINDIMAR ROAD, TEA GARDENS on Dl&mNIII DATE RAYMOND TERRACE 2324 REV DETIJl OF AMEND~ DRAB CHD:lCED APPIO'fI DA.TE ; Plothd 13:40 10/04/11 Fa> (02) .0671""" Pho.. (02) ".711500 .. CUENT: 6AO PTY TO Denote thli! original signature

STANDARD SYMBOLS 1. ThiS plan is to be read in conjunction with other engineering plans and any writlen instructions that may be issued EROSION AND SEDIMENT CONTROL PLANS The contractor shall implement all $oil erosion and sediment control measures prior to o disturbance of the related catchment area and to the satisfaction of the Supermtendent.

(on tructlon Barner FenclnQ - " 3. The location of "silt" femes. barrier fences, sediment traps, basins ii1nd other devices are Sediment FenCi! indic tive only and final locations arE' to be decided on site Variations ..ill b~ pl!rmiHed to best SUit the Circumstances. NOTE Sha.... Bale Sediment Filter ~

FINAL LOCA TlON OF TEMPORARY SOIL 4. ClE'ared vegetation must be disposed of by .- STOCKPILE TO BE APPROVED BY Soil Stock Pili! G'~ iI chipping or mulching for future l ndsc ping nd uS ge, COUNCIL PRIOR TO CONSTRUCTION ul transport to an approved landfill facility.

Extent Of Works - [W- S. Temporary crossbanks (bunds construct~d with ~arrh, stfil"" bates or sandbags!, shall be construct~d durin road.....orks to limit slope length, where possible, to BO metres Tnes2 !>nall be constructed immediately prior to forecast rain and during temporary closure of the Site, includln weekends.

6. Temporary rehabilitation snould be undertaKen on disturbed areas where works have stopped and soils are e)(pect~d to remain exposed for t....o months.

7. Sediment barriers le.g. sandbags or st-ra... bales) should be located upstream of stormwater inlet pits prior to the road surface being paved and lands upslope being rehabilitated.

B At thi! conclusion of e.eh d.y sIctions of road pavement to prevent scouring.

9. The contractor will inspect all erosion and pollution control ....orks at least .....eekly and fo{\o....ing every rainfall event reater than Smm, providin particular attention to th~ follo....ing matters: (al Ensure drains operate effectively and initiate repair as required. (bl Remove spin~d '.iand (or oth~r materials) from hazard area'.i, including lands closer than 5 mefres from likely areils of eonei!ntrilted or hign vi!tocity flo...s such is waterways and paved areas (d Ensure rehabilitated lands have effectively reduced the erosion hazard and initi

10 Utillse a single access only to the stock sites.

"Do not taint dean catchment ....ater ...ith silt from the works.

12 Drop inl~ts which do not outlet to silt traps sh.ll be blocked until illl ....orks are completed

13 RE!hilbilitilte the site as soon as possible after the completion of construction actiVities and ....ithin 10 ...orking days. Lands -where works are not to continue for more tl1an 20 working days must be rehabilitated Such rehabilitation shall Involve the spraying of a stra....-bitumen mulch to the disturbed lands or equivalent

Drainage area O.6ha max. Slope gradient 1:2 max. 11". A((ess areas limited to a maximum width of 10 {preferably 51 metres / / Slope length /)~ 1S All positions sho...n are approximate and are best determined on site in conjunction with ~~. th~ sup~rint~ndent ~ ?~ Wire or ...... ~ ODQl& 16 Conformity with this pliln sh.H in no "Wily rQduce thli! responsibility of the Contractor to .. protect against ....ater the course ot the contract. . damage during . / 60m~m". Di::::~~de::e~" 17 and spoil shall be in non.hazard areas and from surface ..i'i.. Topsoil stockpiled protected run-off by diversion dr

25. M,lt~rial r~mov~d from s~diment control structures must be dispoSQd of in a .... y that does not pollute ....aters or bU5htand I t;; 26. W ste disposal containers must be prOVided on site for the collect10n and disposal of all industrial and domesti~ type wastes Iilenerated on site.

/ 21. Concrete wastes or washings from concrete m c:ture or deliv~ries must not be , any in ,\ Buffer zone, deposited any location -where they can flo.... or be w-ashed into waters ... grossed areo Sale embedded 28. Runoff from vehicle, construction plant or mobile plant maintenance and cleaning areas into ground 0.1 m must be contained. collected and disposed of in a manner to prevent entry into any waters. STRAW BALE SEDIMENT FILTER including sediment retention ponds.

NOT TO SCALE 29 fuelling of vehicles and construction plant must be carned out ....Ith an operator or driver present, and in a way that prevents any spillagE': occurring.

SOIL &. WA TER MANAGEMENT PLAN AdditionOlI Ripari.n Corridor Oehil Added AV AV SHEET No. ;5 mE; 21&001.&3 . Orl nallssu! OS OS TATTERSALL JOB No. . OAT[ ; Pltdhd 13:41 10/04/11 A3 REV DET.A.lLS OF' AMENDMENT O!3lCnD DRAWN c lED iP'PROV!D DATE LANDER Ply L.d il~ O['oUCPWeIT CQHSlA.TANlS Denote the or! ina! sl nature and date when reviSion was Issued ----..,(-.- ~~ ..' ~. &'J.~ ~ .... ~ "). .. . .<' . ~ . : .. ..~~. . " ',....>. .'. . ~ .....>I.~..

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- LJlNDSCAPED ARE l\ IS TO BE MULCH_ED TO ~AN APPROXI~' l\~:: WIT~ DEPT" OF 75-'OOMM . NATV':. FO"bT MULCrl Euca'yptus robusta l.Jp to 39 6 in:h ~ , 25m PI N-S A~E TO BE WAT~RED WEE~LY OR AS REOUIRED FO" '11" ~~~ ...... (Swarrp Mohogary) '''~;o ''', A~PEROD Or 12 MONTrlS ~~ '~ ,~,~~'~, ~, WEED'IG IS TO aE UNDER~AKE" ~Y -AND AND AS Waterhous':J flor'bunda \0 9 REOUIRED FOR A "RIOD OF 2 Yt.ARS .. Up r orest . l- ~ ~ L;~"f.'~~ Lil 15m Tube Stock (,^eeping y Pilly) ... NO GL YDrlOSATE IS TO BE USED IN ~cjE LJI"OSCAPED AR~A ,.{ ~..~ ~' T ... ~'~~' uNLESS IS BY BRuSH METf-lOD .. ~ ~ . .- .G4'1-\ - ;.r v - I ANDSCADED AREl\ S TO BE PROT::CTED VIA FEr.:C'NG JR Angopnora flonbundo Up \0 13 6 inch \ "c.~ S.MILA" IT "ROM CA TTL:: BAPClED WIRE 5 (Rough Clorked App:e) 30m TO PROTECT (NO ~-;.."; TO BE L.SED). l; " '~,::A" Or ~ - IS TO B:: PLANTED WIT" LOMANDRA UNDE"STO"EY .tl AT A RA ~E Or 2 "'ER SOM ~ ~ Eucalyptus p'per'to 20m 13 6 'nch LONGFOUA :e;;r::--. _7.;" _ il ".;" ,i ~" (Sydney Deppermint) Of~,/, J ? ""'>7' ~ '--..;! ~I; . ..- .. .~ ~I -!. A ocosuorina littorollS Up to 30 Forest <. ...' ~~ .. '/"f' \ 1\ . '- '15m Tube Stock (i' (BlaCk She-OaK) .~~lw" 'fi,'fill .....- ~:.~~~,~ :~

Borksio oerY1;j 0 8m 26 Forest ../ I!I', (Wol Jm Banksa) -ube Stoch. ~"".\~...... ~ I" ...... r~I 1- "-

rlokea ser ceo i-3m ~1 tubestoc< (Bushy Needlebush) COUNCIL REFERENCE TATTERSALL LANDSCAPING PLAN MID COAST 21700052 PARISH LANDER SHEET PTYLTO ~ LOT 100 IN DP 1047534 A3 CO''''EAMBAh SIZE DEVELOPMEN CONSULTANTS MYALL WAY &,. PINDIMAR ROAD ENGINEERING, SUPV[YlNG &- DLANNING SCALE SHEET No EXIS~ NG TREE N/A N/A N/A O'I~lna! Iss~e a" tF TEA GARDENS 1 2;0 on A3 o 2 Bourke St. P.O,Box 580 O~IGNED DRAWN (I-I.D:K A?PROv:l! DATE: RAYMOND TERRACE 2324 I REV DETAll..S OF .~.MEN-UMENT DATE ; PI(llleC '322 10/0t../11 h::r: (02) 49871733 Phone (02) 4Q871WO CUENT; B:'O IN p.Y L TO DB No.; CC).4PUTER FlLE ; S \C DESGr-. I Ol!m;'? Tn!! O' 9,ra! SI9na',,'~ al'\(~ :3,,'e ...hen ;1!~ISlon '...a~ ISS'~i!: 2\6193 .,,'s\20'5\2151'79\O..g\2161t:;9_MDL\D :I...g TATTERSALL ~--... \ LANDER PTYLTD ~.

Appendix B:

Li OAR Metadata 03/0412017 DFSI, Spatial Services ~t) Spatial NSW GO'VEIUtMEN'I' Services

A Division of Department of Finance, Services and Innovation

Port Stephens 2012-12-14 2kmx2km 1 metre Resolution Digital Elevation Model Metadata

Data Identification Spatial Extent Spatial Reference Temporal Extent Distri bution Data Quality , Licence Contact Cs

Data Identification

Abstract:

The coverage of this dataset is over the Port Stephens region, The 1m metre Digital Elevation Model (DEM)is produced using TIN (Triangular Irregular Network) method of averaging ground heights to formulate a regular grid, This data set contains ground surface model in ASCII grid format derived from C3 LiDAR (LightDetection and Ranging) from an ALS50ii (Airborne Laser Scanner), The model is not hydrologically enforced. Standard Airbourne Laser Sensor (ALS)products are processed to ICSM standards level C3. This data has an accuracy of 0.3m (95%Confidence Interval) vertical and 0.8m (95%Confidence Interval) horizontal with a minimum point density ofUNK laser return per square metre measured at nadir. For more information on the data's accuracy, please refer to the lineage provided in the data history.

Purpose:

To provide an authoritative ALS terrain dataset to support the development industry standards in a variety of governmental, research and industrial uses.

Keywords: geoscientific information, elevation

Topic Category: location, elevation, geoscientific information

https:/ls3-ap-soulheast-2.amazonaws.com/nsw.elvis/z561MetadatalPortStephens201212-L1D1-AHD_4146390_56_CXXJ2_CXXJ2_1m_Metadata.htmI 1/1 TATTERSALL ~\. LANDER PTYLTD ~j

Appendix C:

Ecological Report SEVEN PART TEST

ON THREATENED FLORA AND FAUNA

for

a Proposed Earth Mound at

Lot 100 DPI047534 Myall Way

',

.

,

. Proposed Earth Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

CONTENTS

CONTENTS I

1.0 INTRODUCTION 1

1,1 GENERAL DESCRIPTION OF THE SITE

1.2 DESCRIPTION OF THE DEVELOPMENT PROPOSAL

2.0 SCOPE OF THE STUDY 4

2.1 LEGISLATIVE REQUIREMENTS 4

3.0 METHODOLOGY 5

3.1 VEGETATION APPRAISAL METHODOLOGY 5

3.2 HABITAT APPRAISAL METHODOLOGY 5

3.2.1 GENERAL HABITAT FOR NATIVE SPECIES 5

3.2.2 HABITAT FOR THREATENED SPECIES 5

3.3 FAUNA APPRAISAL METHODOLOGY 6

3.3.4 MICROCHIROPTERAN BAt SURVEY 6

3.3.5 MEGACHIROPTERAN BAT SURVEY 6

3.3.6 AMPHIBIAN SURVEY 6

3.3.7 REPTILE SURVEY 6

3.3.8 AVIFAUNA SURVEY 8

3;3.9 SPOTLIGHTING, GENERAL OBSERVATIONS & SECONDARY

INDICATIONS 8

3.4 DATE, TIMES, ACTIVITIES & WEATHER CONDITIONS 8

3.5 THREATENED SPECIES and ENDANGERED POPULATIONS 9

4.0 RESULTS 11

4.1 FLORA ASSEMBLAGES 11

4.1.1 THREATENED PLANTS 16

4.2 HABITAT APPRAISAL 16

4.2.1 HABITAT DESCRIPTION AND DISTRIBUTION IN THE VICINITY 16

4.2.2 CORRIDOR CONSIDERATIONS 17

4.2.3 HABITAT FOR THREATENED SPECIES 18

4.3 FAUNA SURVEY RESULTS 28

4.3.4 MICROCHIROPTERAN BAT SURVEY 28

4.3.5 SPOTLIGHTING 28

4.3.6 AMPHIBIAN SURVEY 28

WildthingEnvironmental Consultants Proposed Earth Mound Seven Part Test Lot 100 DP1047534 Myall Way, Tea Gardens NSW Report

4.3.7 REPTILE SURVEY 28

4.3.8 AVIFAUNA SURVEY 28

4.3.9 GENERAL OBSERVATIONS 29

4.3.10 SURVEY LIMITATIONS 29

5.0 CONSIDERATIONS UNDER SECTION 5A OF THE EPA ACT 30

6.0 CONSIDERATIONS UNDER SEPP 44 - 'KOALA HABITAT PROTECTION' 35

6.1 FIRST CONSIDERATION - IS THE LAND 'POTENTIAL KOALA HABITAT'? 35

6.2 SECOND CONSIDERATION - IS THE LAND 'CORE KOALA HABITAT'? 35

7.0 CONSIDERATIONS UNDER THE COMMONWEALTH ENVIRONMENT

PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 36

8.0 RECOMMENDATIONS 39

9.0 CONCLUSION 40

10.0 BIBLIOGRAPHY 42

APPENDIX A - FLORA SPECIES LIST

APPENDIX B -FAUNA SPECIES LIST

Wildthing Environmental Consultants ii Proposed Earth Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

1.0 INTRODUCTION

It is proposed that an earth acoustic barrier be constructed at Lot 100 DP1047534 Myall Way, Tea

Gardens NSW. This report is intended to indicate the likelihood of this development having a significant effect on threatened species of flora, fauna and ecological communities and to fulfil other requirements of the Environmental Planning and Assessment Act (EPA Act) 1979 and the Threatened

Species Conservation Act (TSC Act) 1995. Consideration has also been afforded to State

Environmental Planning Policy 44 (SEPP 44) - 'Koala Habitat Protection' and the Commonwealth

Environment Protection and Biodiversity Conservation Act 1999.

1.1 GENERAL DESCRIPTION OF THE SITE

The site is located on the southern side of Myall Way just east of its intersection with the Pacific

Highway (Figure 1). The proposal is adjacent to Station Creek, between its crossing under Myall

Way in the north and a constructed dam in the creekline to the south. Apart from the vegetation in this riparian strip much of the vegetation in the vicinity of the proposal has been cleared in keeping with its past and recent use as a cattle grazing property. Remnant vege'tation lies along the drainage line and much of the site contains remnant or regrowth paddock trees and shrubby vegetation, with remnant clumps close to the creek and more sparsely separated trees in the paddocks. While many of the trees in the vicinity of the proposal were mature they were almost all in a vigorous state, with senescence and hollow formation not in evidence.

The entire site is approximately 315ha in size however the proposal is only likely to impact approximately 0.25ha of largely cleared grazing land and fringing riparian vegetation on the site's northern frontage. The proposed earth mound on the eastern side of Station Creek will be located within cleared grassland/pasture for most of its length. A second earth mound has already been constructed on the opposite side of the creekline to the west. This report also considers the approximately 0.09ha of vegetation which has been impacted by the existing earth mound.

1.2 DESCRIPTION OF THE DEVELOPMENT PROPOSAL

The proposed earth mound will extend eastward from the riparian strip along Station Creek and will involve the removal of a small amount of native vegetation however it will be located within cleared grassland/pasture for most of its length. A second earth mound has already been constructed on the opposite side of the creekline to the west, resulting in the removal or indirect modification of approximately 0.09ha of native vegetation in the riparian area. The disturbance in this area includes the establishment of weed species along this earth mound and a small degree of dieback in the fringing vegetation.

It is not anticipated that the proposal will involve further alteration to the flow regime in Station

Creek. A plan ofthe proposal has been included in Figure 2.

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Wildtflillg Envirollmental Consultallls 3 Proposed Earth Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

2.0 SCOPE OF THE STUDY

This study was designed to address any likely flora and fauna issues of significance occurring upon the site. This was achieved by appraisal of the vegetation assemblage and structural fonnation, and

identification of representative plant species of the various structural layers. Potential habitat offered

by the vegetation present was also assessed. The possibility of this site being significant for any

Schedule 1 and 2 (endangered and vulnerable) flora, fauna and ecological communities was

paramount in the assessment process. Appraisal has been confined to the site and its immediate

surroundings and both have been considered in the Section SA assessment.

2.1 LEGISLATIVE REQUIREMENTS

This Flora and Fauna Impact Assessment has been structured upon the guidelines laid down in

Section SA of the Environmental Planning and Assessment Act (1979), and the Threatened Species

Conservation Act (1995), which requires consideration of the impact of the proposed development

upon any Schedule 1 and 2 (endangered or vulnerable) species and ecological communities expected

or found on the site. Endangered and vulnerable species are collectively referred to as 'threatened'

species in this report.

The Commonwealth Environment Protection and Biodiversity Conservation Act (1999) was also

considered in this report. Assessments have been made to detennine whether or not the proposal or

activity will have a significant effect on a matter of National Environmental Significance. State

Environmental Planning Policy (SEPP)44 - 'Koala Habitat Protection' has also been considered.

Fieldwork undertaken by Wildthing Environmental Consultants was carried out under NPWS

Scientific Investigation Licence SLl 00345.

Animal Care and Ethics Approval is under Animal Research Authority Issue by the Director General

ofNSW Agriculture (Trim No. 10/251) for Fauna Survey for Biodiversity and Impact Assessment.

Wildthing Environmental Consultants 4 Proposed Eal1h Mound Seven Pal1 Test Lot 100 DP1047534 Myall Way, Tea Gardens NSW Report

3.0 METHODOLOGY

3.1 VEGETATION APPRAISAL METHODOLOGY

The initial detennination of the basic vegetation community boundaries was undertaken through the review of an orthophoto covering the site. Following this, a detailed ground survey was conducted.

Due to the disturbance in the area to be impacted by the proposal the vegetation was surveyed using a single continuous transect, in a manner described by Cropper (1993) as the 'Random Meander

Teclmique'. This involves walking in a random mamler throughout the entire study site, visiting the full range of potential habitats and checking every plant species seen. Searches for threatened plants as listed in the various schedules of the Threatened Species Conservation Act (1995)were undertaken during this survey. A list of all flora species identified on site has been provided in Appendix A.

3.2 HABITAT APPRAISAL METHODOLOGY

Habitat may be defined as the physical and biological environment required for the survival of a specific population of a species. In modem usage habitat has also come to be regarded as an association of landfonn and plant life, which provides sustenance and shelter for a particular fauna assemblage.

The methodology of the habitat appraisal used the vegetation community data combined, where relevant, with geomorphological features and the occurrence of particular plant species or fonns (i.e. tree hollows) to provide a basis for a subjective habitat assessment aimed at placing the ecological status of the site within a local perspective.

3.2.1 GENERAL HABITAT FOR NATIVE SPECIES

From the vegetation appraisal and a general inspection of the site and surrounding areas, a subjective assessment of the general habitat value of this site was made. Considered in this assessment were:

occurrence of that habitat type in the general vicinity;

degree of disturbance and degradation;

area occupied by that habitat on site;

continuity with similar habitat adjacent to the site, or connection with similar habitat off site

by way of corridors; and

structural and floral diversity.

3.2.2 HABITAT FOR THREATENED SPECIES

This site was evaluated as potential habitat for each of the threatened species reported on the NSW

Office of Environment and Heritage (OEH)database and the Department of Environment and Energy

(DoEE)database from within 10km of the site. This evaluation was based on home-range, feeding, roosting, breeding, movement patterns and corridor requirements for fauna and hydrology, soil types, aspect and structural fonnation for flora species.

Wildthing Environmental Consultants 5 Proposed Earth Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

3.3 FAUNA APPRAISAL METHODOLOGY

The methodology adopted consisted of an assessment of the potential use of the site by any Schedule

1 and 2 fauna identified on the OEH and the DoEE Databases. This was undertaken by both

appraising the extent of likely habitat upon the site, searches for secondary indications of threatened

species utilising the site, trapping, and incidental observations of native fauna in general. The

trapping and recording methodology is described below. Due to the small size of the proposal.and the

level of disturbance in the vicinity more intensive fauna survey methods such as mammal trapping

were not considered appropriate.

3.3.4 MICROCHIROPTERAN BAT SURVEY

Echolocation call recording was undertaken through the use of an Anabat detector for 90 minutes after

dusk. During the survey the walking transect was focused on the proposed disturbance area, however

the dam to the south and the riparian vegetation to the north along with its ecotone were also sampled.

The transformed calls were analysed using a computer and identified by comparison with sample bat

calls. The microchiropteran bat call detection survey route is shown in Figure 3.

3.3.5 MEGACHIROPTERAN BAT SURVEY

The megachiropteran bat survey for this site entailed a combination of both spotlighting and listening.

This survey was undertaken for 2 person hours with the aid of a hand-held spotlight. During this

survey a walking rate of approximately 1 km/hr was applied and a careful watch was kept overhead

and in the tops of trees for the presence of megachiropteran bat species, in particular the threatened

Pteropus poliocephalus (Grey-headed Flying-fox), which has been previously recorded within the

local area. The spotlighting route is shown in Figure 3.

3.3.6 AMPHffiIAN SURVEY

The diurnal amphibian searches involved detecting frogs by either call or sight and subsequent

identification via the use of dichotomous keys or the recording of calls and subsequent comparison

with commercially available frog call recordings.

A nocturnal amphibian survey was undertaken during spotlighting. Frogs were identified by call or

sight. Any frog calls heard on the site were recorded and then identified by auditory comparison with

commercially available frog call recordings.

3.3.7 REPTILE SURVEY

The requirement that diurnal searches constitute at least one person hour over two separate days has

been satisfied by the accumulated amount of diurnal fieldwork undertaken during the course of

Wildthing Environmental Consultants 6 Proposed Earth .\folllld Se\'CII Part Tcst LOT 100 DPI1J47534 /It/mil 1+'0\', Tea Cardells NSIF Report

Avifauna survey point Spotlighting and Anabat detection route

Wildthillg EI/I'irolllllelllal COlIslIlTanTs 7 Proposed Em1h Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

investigations, together with one person-hour of targeted amphibian/reptile surveys, performed over

two days, The diurnal searches for reptiles involved searching in likely habitat such as leaf litter and

fallen timber during peak activity times (i,e, mid-morning - early-afternoon). Nocturnal searches

were undertaken in conjunction with the spotlighting for a total of 2 person-hours with the aid of a

hand-held spotlight. The spotlighting route is shown in Figure 3.

3.3.8 AVIFAUNA SURVEY

Diurnal surveys were conducted for avifauna species during peak activity periods (i.e. early morning

and dusk) and involved recording the bird species heard and seen during a twenty-minute period. The

locations of the diurnal bird survey points have been provided in Figure 3. Also incidental

observations made while undertaking other portions of the fieldwork were recorded.

The nocturnal avifauna survey involved the broadcasting of pre-recorded owl calls through an

amplification system designed to project the calls at least 1 km under still night conditions in an

attempt to elicit a response. The calls which were broadcast included the threatened Ninox eonnivens

(Barking Owl), Ninox strenua (Powerful Owl), Tyto novaehollandiae (Masked Owl) and Tyto

tenebrieosa (Sooty Owl). Mammal calls including Phaseolaretos cinereus (Koala) and Petaurus

noifolcensis (Squirrel Glider) were also broadcast prior to the owl calls. The positions of the call

playback surveys are shown in Figure 3.

3.3.9 SPOTLIGHTING,GENERAL OBSERVATIONS & SECONDARY INDICATIONS

Diurnal observations were supplemented by spotlighting using a hand-held spotlight. This was

undertaken for 2 person-hours walking at a rate of lkm/h. The spotlighting route is shown in Figure

3.

A search for evidence of faunal activity including scats, whitewash and regurgitation pellets from

Owls, chewed (Allo)Casuarina cones from Black-Cockatoos, fruit remains from Fruit-Doves, and

other obvious features such as raptor nests was undertaken. Opportunistic sightings of secondary

indications (scratches, scats, diggings, tracks etc.) of resident fauna were also noted during the

fieldwork.

3.4 DATE,TIMES, ACTIVITIES & WEATHER CONDITIONS

A summary of the time spent on site during fieldwork and the prevailing weather conditions at the

time is contained below in Table 1.

Table 1: Survey Dates., Times, Activities and Weather Conditions

. 'i' ..; .:';, '. . DATE "':::' ~;TIME,

10/04/17 0830 - 0900 Site Inspection ~150C Herpetofauna survey 1/8 cloud Avifauna survey SWBreeze

Wildthing Environmental Consultants 8 Proposed EQlth Mound Seven PQlt Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

DATE TIME ACTIVITY WEATHER

1430 - 1530 Herpetofauna survey :::::18OC Avifauna survey 7/8 cloud Vegetation survey SW Breeze

11/04/17 0830 - 0930 Avifauna survey :::::16OC Herpetofauna survey 8/8 cloud SW Breeze

19/04/17 1845 - 2045 Spotlighting :::::17OC Amphibian survey 1/8 cloud (Clear) Anabat recording Light SE Breeze OwllMammal Call Broadcast

3.5 THREATENED SPECIES AND ENDANGERED POPULATIONS

The following threatened species listed in Table 2 have been recorded on the OEB database within

10km of the site or the DoEE database. Other species known to occur in the local area have also been included.

T able 2: ThreatenedS C 'dere d iPeCles onSl .

. Scientific Name Common Name TSC Act EPBC 1995 Act 1999 Plants Tetratheca juncea Black-eyed Susan V V Anf!.ophora inopina Charm haven Apple V V Callistemon linearifolius Netted Bottle Brush V Eucalyptus parramattensis subsp. decadens Droopin,:!; Red Gum V V

Melaleuca f!.roveana Grove's Paperbark V

SYZYf!.um paniculatum Ma,:!;enta Lilly Pilly EI V Cryptostylis hunteriana Leafless Ton,:!;ue Orchid V V Genoplesium littorale Tuncurry Mid,:!;e Orchid E4A CE Grevillea pan1iflora subsp. parviflora Small-flower Grevillea V V Asperula asthenes Trailin,:!; Woodruff V V Amphibians Crinia tinnula Wa\lum Fro,:!;let V Mixophyes balbus Stutterin,:!; Fro,:!; El V Litoria brevipalmata Green-thi,:!;hed Fro,:!; V Reptiles Caretta caretta Loggerhead Turtle El E Chelonia mydas Green Turtle V V Birds Apus pacificus Fork-tailed Swift M Hirundapus caudaculus White-throated Needletail M Ardenna cameipes Flesh-footed Shearwater V M Ardenna pacifica Wedge-tailed Shearwater M Ardenna tenuirostris Short-tailed Shearwater M Macronectes f!.if!.anteus Southern Giant Petrel El E Pterodroma leucoptera leucoptera Gould's Petrel V E Ephippiorhynchus asiaticus Black-necked Stork El Ardea ibis Cattle E,:!;ret M Ixoblychusflavicollis Black Bittern V Ha/iaeetus leucof!.aster White-bellied Sea-Ea,:!;le V M Hieraaetus morplmoides Little Ea,:!;le V Pandion cristatus Eastern Osprey V Burhinus f!.rallarius Bush Stone-curlew EI

Haematopus fu/if!.inosus Sooty Oystercatcher V Calidris melanotos Pectoral Sandpiper M Gallinaf!.o hard-wicldi Latham's Snipe M Limosa lapponica Bar-tailed Godwit M

Wildthing Environmental Consultants 9 Proposed Ea/1h Mound Seven Pa/1 Test Lot 100 DPl047534 Myall Wav, Tea Gardens NSW Report

Scientific Name Common Name TSC Act EPBC 1995 Act 1999 Numenius madaf!ascariensis Eastern Curlew CE,M Numenius phaeopus Whimbrel M Trinf!a brevipes Grey-tailed Tattler M Gelochelidon nilotica Gull-billed Tern M Hvdroprof!ne caspia Caspian Tern M Stel7la hirundo Common Tern M Stel7lula albi(rons Little Tern El M Calvptorhvnchus lathami Glossy Black-Cockatoo V Glossovsitta vusilla Little Lorikeet V Lathamus discolor Swift Parrot El CE Ninox connivens Barking Owl V Ninox strenua Powerful Owl V Tyto longimembris Eastern Grass Owl V Tvto novaehollandiae Masked Owl V Tvto tenebricosa Sooty Owl V Merovs ornatus Rainbow Bee-eater M

Chthonicola sa ttata Speckled Warbler V Evthianura albifrons White-fronted Chat V Melithrevtus f!Ularis f!Ularis Black-chinned Honeyeater V Pomatostomus temvoralis temvoralis Grey-crowned Babbler V Davhoenositta chrysovtera Varied Sittella V A/1amus cyanovtel1JS cvanovterus Dusky Woodswallow V Mammals Dasvurns maculatus Spotted-tailed Quoll V E Phascof!ale tavoatafa Brush-tailed Phascogale V

Phascolarctos Cnereus Koala V V

Cercartetus nanus Eastern Pygmy-possum V Petaurus australis Yellow-bellied Glider V Petaurus norfolcensis Squirrel Glider V Potorous tridactvlus Long-nosed Potoroo V V Pteropus poliocephalus Grey-headed Flying-fox V V MomlOpterus nOliolkensis Eastern Freetail-bat V Chalinolobus dwyeri Large-eared Pied Bat V V Falsistrellus tasmaniensis Eastern False Pipistrelle V Kerivoula papuensis Golden-tipped Bat V Miniopterus australis Little Bentwing-bat V Miniopterus schreibersii oceanensis Eastern Bentwing-bat V

Mvotis macropus Southern Myotis V Scoteanax rueppellii Greater Broad-nosed Bat V Vespadelus trouf!htoni Eastern Cave Bat V Pseudomvs f!raci/icaudatus Eastern Chestnut Mouse V Pseudomvs novaehollandiae New Holland Mouse V DUf!onf! dUf!on Dugong El

- . - Endan2ered Populations Dromaius novaehollandiae Emu population In the New E2 South Wales North Coast Bioregion and Port Stephens local government area Phascolarctos cinereus Koala, Hawks Nest and Tea E2,V V Gardens population El/E=Endangered Species V=Vulnerable Species E4A/CE=C ritically Endangered E2=Endangered Population M=Migratory

Wildthing Environmental Consultants 10 Proposed Earth Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report

4.0 RESULTS

4.1 FLORA ASSEMBLAGES

A general description of the flora assemblage identified on site is given below. A full list of the flora species recorded during the fieldwork is listed in Appendix A.

The Great Lakes Vegetation Strategy (Great Lakes Council, 2003) shows no naturally occurring

vegetation communities on site; however it has mapped Map Unit (MU) 31/106 -

Paperbark/Smoothbarked Apple-Sydney Peppermint and MUI06 - Smoothbarked Apple-Sydney

Peppermint-Stringybark to the west of the site. MU74 Spotted Gum-Ironbark/Grey Gum is also known to occur in the area to the site's north and east.

Due to the clearing which had occurred over most of the site it was difficult to ascertain the vegetation communities present, however the vegetation appeared largely consistent with Spotted Gum- lronbark/Grey Gum subject to variations caused by clearing and canopy thinning as well as narrow riparian strips along the creeklines.

The canopy ranged in height from 10m to 20in and was dominated by Angophora costata (Smooth- barked Apple) and Eucalyptus propinqua (Small-fruited Grey Gum) in the riparian vegetation with scattered Eucalyptus microcorys (Tallowwood)also present particularly in the cleared paddock areas.

The mid canopy was generally absent from the site aside from the riparian vegetation where

Melaleuca styphelioides (Prickly-leaved Paperbark), Melaleuca nodosa (Ball Honeymyrtle),

Melaleuca lineariifolia (Snow-in-summer) and Acacia longifolia (Sydney Golden Wattle) were common.

Shrub species included Dodonaea triquetra (Common Hop Bush), Zieria smithii (Sandfly Zieria),

Acacia irrorata ssp. irrorata, Bursaria spinosa (Blackthorn), Epacris pulcheUa (NSW Coral Heath) and Breynia oblongifolia (Breynia),with Gahnia sieberana closer to the stream edge.

The ground layer was dominated by native grasses and herbs such as Cymbopogon refractus (Barbed- wire Grass), Themeda australis (Kangaroo Grass), Imperata cylindrica var. major (Blady Grass),

Lomandra longifolia (Spiny Mat Rush), Dichondra repens (Kidney Weed) and Pratia purpurascens

(White Root) with some native and introduced pasture species including Sporobolus creber

(Parramatta Grass), Setaria gracilis (Slender Pigeon Grass), Paspalum dilatatum (Paspalum),

Cynodon dactylon (CommonCouch) and Chloris gayana (Rhodes Grass).

Clearing

The site outside the riparian vegetation had been substantially altered by clearing for pastoral activities. The vegetation present in this area was a mixture of pasture and weed as well as remnant

Wildthing Environmental Consultants 11 Proposed Earll! MOllnd Sel'en ParI resl Lol 100 DPI047534 Mva// Way. Tea Gardens NSW Reporl native species. The canopy vegetation was limited to scattered examples of the species within the

ripmian vegetation and the introduced Pinus radiata (Radiata Pine). The ground layer was dominated

byintroduced and pasture grass species such as Sporobo/us ueber (PalTamatta Grass), Pa.spa/um di/atatul11 (Paspalum), evnodon dacry/on (Common Couch), Me/inis repen.\' (Red Natal Grass) and

Setaria sphace/ata (South African Pigeon Grass).

Photos the on site are shown in 4-11 showing vegetation Figures .

Figure 4: Vegetation within the riparian area east of Station Creek.

Wildthing Enl'irOI1/1/ental ConslIltallts 12 Proposed Earth MOllnd Se\'en Part Test Lot 100 DP1047534 Mval/ Way. Tea Gardens NSW Report

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Figure 6: Vegetation within the riparian area east of Station Creek at the western end of the proposed earth mound.

Wildthing EI1l'ironl1lel1lal COl/slIltants 13 Proposed Earth Mound Seven Part Test Lot 100 DP1047534 Myall Way, Tea Gardens NSW Report

~~ I. Figure 7: Vegetation within the riparian area east of Station Creek at the western end of the proposed earth mound.

Figure 8: Pasture vegetation in the site of the proposed earth mound looking east from its west~m end.

Wildlhing Environmental Consultants 14 Proposed Earth Mound Seven Part Test Lot 100 DP1047534 Myall Way, Tea Gardens NSW Report

Figure 9: Constructed dam within Station Creek to the south of the proposed earth mound.

Figure 10: Weeds and introduced species on the existing earth mound at its western end.

Wildthi ng Environmental Consultants 15 Proposed Earth MOllnd Seven Part Test Lot 100 DP1047534 Mvall Way, Tea Gardens NSW Report

Figure II: Vegetation on the edge of Station Creek at the foot of the existing earth mound.

4.1.1 THREATENED PLANTS

Ten threatened plant species have been previously recorded within 10km of the site on the OEH database or the DoEE database:

Telratheca juncea Black-eyed Susan Angophora inopil'/a Charm haven Apple CalIistel1lon Ii near-iroIi us Netted Bottle Brush Eucalvptus parral1lallensis subsp. decadens Melaleuca groveana Grove's Paperbark SyzygiUI1l paniculatlll1l Magenta Lilly Pilly Crvptostylis hunteriana Leafless Tongue Orchid Genoplesilllll littorale Tuncurry Midge Orchid Grevillea pW 1iflora subsp. paliflora Small-flower Grevillea Aspemla aSlhenes Trailing Woodruff

A degree of habitat was found to be available for most of the above species apart from C. linearifo/ius, E. p. decadens and G. littorale. These species have been further assessed in Sections 5.0 and 7.0 of this rep0l1. No threatened plant species were identified on site during fieldwork.

4.2 HABIT AT APPRAISAL

4.2.1 HABITAT DESCRIPTION AND DISTRIBUTION IN THE VICINITY

The site is believed to provide habitat for a number of native faw1a species.

Nectivorous avifaunal and mammal species i.e. Honeyeaters, Flying Foxes and Gliders are provided with seasonally available flowers from the myrtaceous and proteaceous species in the riparian

Wildthing Environmental Consultants 16 Proposed Earth Mound Seven Part Test Lot 100 DPl047534 Myall Way, Tea Gardens NSW Report vegetation on site. The study area also constitutes potential hunting habitat for owls, raptors and a number of microchiropteran bat species, however nesting habitat for hollow-dependent fauna was absent from the proposed disturbance area. Frugivorous species (e.g. Currawongs, Flying Foxes) would fmd foraging opportunities due to the presence of fruit and berry-bearing plants. Various foraging resources are also available for insectivorous species. The ground cover within the riparian vegetation, which includes dense scattered fallen branches, provides potential refuge habitat for lizards, snakes, forest frogs and terrestrial mammals.

The grass/herb layer found across the site provides foraging habitat for granivorous species (e.g.

Rosellas) and grazing species such as Kangaroos, while the constructed dam to the south and the

Station Creek stream near the proposed disturbance areas provide habitat for frogs and aquatic birds such as ducks.

4.2.2 CORRIDOR CONSIDERATIONS

Despite linkages between the remaining native vegetation in the vicinity of the site being patchy due to the establishment of cleared agricultural land and pine plantations the riparian vegetation associated with Station Creek forms part of a linkage between forest near Pindimar to the south with extensive forest to the north-west.

Given the character of the proposal which will involve a small amount of habitat modification on the edge of the riparian vegetation it is unlikely to create any barriers that may restrict the movement of fauna across the site and would be unlikely to further fragment or isolate any area of habitat.

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4.2.3 HABITAT FOR THREATENED SPECIES

An assessment of habitat attributes on site has been undertaken for the threatened species listed in Section 3.5. The results of the assessment are displayed in

Table 3. Those species identified in this assessment as having potential habitat available on site have been considered further under Section 5A of the EPA Act

in Section 5.0 of this report. Further infonllation on these species can be found at http://www.environment.nsw.gov.au/threatenedSpeciesApp/. Sea birds, sea turtles, sharks and cetaceans have not been included in this assessment as no habitat is available for these ocean-dwelling species on site.

Ta ble 3: Ha b. Itat Assessment for Th reatenedSioeCICS SPECIES STATUS HABITAT DESCRIPfION AND LOCALLY KNOWN LIKELIHOOD OF OCCURRENCE ON SITE POPULATIONS Plants

Tetrathecajuncea TSCAct - V Heath and Dry Sclerophyll Forests on low nutrient soil with a dense Low Black-eyed Susan EPBC Act- V understorey of grasses. Is most commonly found associated with Some habitat exists in the riparian area however species including Angophora costata (Smooth-barked Apple), preferred soils are likely to be absent as evidenced Eucalyptus glohoidea (White Stringybark), C01ymhia gummifera by the common occurrence of Blady Grass in the IRed Bloodwood) and Acacia mvrlifolia (M~'Ttle Wattle). grass/herb laver and its low-lving character.

Angophora inopina TSCAct -V Found in shallow sandy soils within open woodland/forest Low-Moderate Charrnhaven Apple EPBCAct- V assemblages III co-dominant distribution with Eucalyptus A degree of habitat was considered to be present haemastoma (Scribbly Gum), Corymhia gummifera (Red within the riparian vegetation. Bloodwood) and Eucalyptus capitellata (Brown Stringybark), as well as within wet-dry heath, and swamp forest communities. The main occurrences of this species are in the Wyong and Lake Macquarie LGA. Disjunct populations have also been found south of Karuah in the Port Stephens LGA and north of Karuah in the Great Lakes LGA.

Callistemon linearifolius TSCAct -V Dry sclerophyll forest on the coast and adjacent ranges. Unlike!)' Netted Bottle Brush Habitat for this species is absent due to the lack of preferred soils and vegetation associations.

Euca~vptus pGlTamaUensis TSC Act - V Occurs in woodland on sandy soils in wet sites. In the Port Stephens Unlike!)' spp. decadens EPBCAct- V area, the Drooping Red Gum occurs in open wet sclerophyll Habitat for this species is absent due to the lack of Drooping Red Gum woodland on heavy, often waterlogged, inter-barrier depression preferred soils and vegetation associations. soils.

Melaleuca groveana TSCAct -V This species is generally found in north eastern NSW and south east Low-Moderate Grove's Paperbark Queensland in heath, often in exposed sites and mainly at higher A degree of habitat is present for this species within altitude. In Tomaree National Park, Melaleuca groveana occurs in the renmant vegetation on site.

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SPECIES STATUS HABITAT DESCRIJlTION AND LOCALLY KNOWN LIKELllIOOD OF OCCURRENCE ON SITE POPULATIONS

closed heath communities on rhyodacite volcanic rock. Syzygium paniculatum TSCAct -EI Occurs in a narrow coastal distribution in rainforests on sandy soils Low of habitat is for this Magenta Lilly Pilly EPBCAct- V or stabilised coastal dunes from Jervis Bay to Bulahdelah in NSW. A limited degree present species within the riparian vegetation.

Clyptostylis hunteriana TSCAct -V Does not appear to have well defined habitat preferences and is Low site Leafless Tongue Orchid EPBCAct- V known from a range of communities, including swamp-heath and Habitat is available for this species across the woodland. The larger populations typically occur in woodland although this is considered marginal due to the lack dominated by Scribbly Gum (Eucalyptus sclerophylla), Silvertop of commonly associated species. Ash (E. sieberi), Red Bloodwood (COIymbia gummi(era) and Black Sheoak (Allocasuarina littoralis) often in association with the Large Tongue Orchid (C. subulata) and the Tongue Orchid (C. erecta). Genoplesium littorale TSCAct -E4A Endemic to New South Wales where it is known from only one Unlikely Tuncurry Midge Orchid EPBCAct-CE population in the Tuncurry district, occurring on well.drained, open No habitat is available for this species due to the sand ridge sites in low dense heath dominated by Ochrosperma lack of preferred soil types and vegetation lineare or in sparse shrubland of Monotoca e/liptica, Brachyloma associations. dapJmoides and/or Leptospennum SOD.

Grevillea parvijlora ssp. TSCAct -V Grows in sandy or light clay soils usually over thin shales. Occurs in Low-Moderate pOlvijlora EPBCAct- V a range of vegetation types from heath and shrubby woodland to A degree of habitat is present for this species within Little Flower Grevillea open forest and is found over a range of altitudes from flat, low-lying the remnant vegetation on site. areas to upper slopes and ridge crests. Common canopy species vary greatly with community type but generally are species that favour soils with a strong lateritic influence including Eucalyptusfibrosa, E. parramattensis, Anf!olJhora hakeri and EucalvlJlus sclerophylla.

Asperula asthenes TSCAct -V Damp Sites, often along riverbanks. The major portion of the Low-Moderate Trailing Woodruff EPBCAct- V distribution of this species occurs in the Great Lakes LGA. A degree of habitat was considered to be present Populations are known from North Karuah and The Branch areas. within the riparian vegetation. Fro2s

Crinia tinnula TSCAct -V Shallow acid swamps (temporary / semi-permanent) and associated Low Wallum Froglet connecting channels and deeper water holes (permanent)consisting of A degree of habitat was considered to be present hard-leafed heaths, shrubs and woodland on coastal plains and dunes within Station Creek and its associated riparian and associated sedgelands and swamps in low lying areas collectively vegetation.

known as wallum.

Mixophyes halhus TSCAct -EI Prefers riparian vegetation or other moist vegetation communities, Low-Moderate Stuttering Frog EPBCAct- V generally on rich organic soils. Deep leaf litter and/or thick cover A degree of habitat was considered to be present are necessary for this species. Water quality must be of a high within Station Creek.

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SPECIES STATUS HABITAT DESCRIPTION AND LOCALLY KNOWN LIKELIHOOD OF OCCURRENCE ON SITE POPULATIONS

standard, and the species occurs in 1st to 3,d order streams (i.e. 'young' streams), and is generally absent from ponds and ephemeral pools.

Litoria brevipalmata TSCAct -V Occurs in a range of habitats from rainforest and moist eucalypt forest Moderate Green-thighed Frog to dry eucalypt forest and heath, typically in areas where surface water Habitat is available for this species due to the gathers after rain. presence of ponds and dams on site. Reptiles Caretta caretta TSCAct -EI Marine species occurring in the waters of coral and rocky reefs, Unlike!)' Loggerhead Turtle EPBC Act-E seagrass beds and muddy bays throughout eastern, northern and No suitable marine habitat was present. for tins western Australia. species.

Chelonia mydas TSCAct - V Widely distributed in tropical and sub-tropical seas. Usually found Un Ii kel)' Green Turtle EPBCAct- V in tropical waters around Australia but also occurs in coastal waters No suitable marine habitat was present for tills ofNSW. species. Birds

Apus pacificus EPBC Act-M Inhabits the airspace over open country from semi deserts to coasts. Low-Moderate Fork-tailed Swift Habitat was present within airspace above the entire subiect site. Hinmdapus caudacutus EPBC Act-M Inhabits the airspace above forests, woodlands, farmlands, plains, Low-Moderate White-throated Needletail lakes, coasts and towns. Breeds within Siberia, Himalayas and east. Habitat was present within airspace above the entire to Japan and is a regular summer nligrant to eastern Australia subject site. arriving from mid October and departing by mid April. Ardenna cameipes TSCAct-V This species breeds in the southern hemisphere from late September Unlikely Flesh-footed Shearwater EPBCAct-M through to May. This species nests in deep burrows on gentle to No favourable habitat was present for this species. steep slopes in coastal forest or scrub. Birds breeding on Lord Howe Island have been found to forage for fish and cephalopods off the eastern Australian coast from Stradbroke Island (Qld.) to Maria Island (east of Tasmania).

Ardenna pacifica EPBC Act-M The Wedge-tailed Shearwater is a pelagic, marine bird known from Unlikely Wedge-tailed Shearwater tropical and subtropical waters. No suitable marine habitat was present for this species.

Ardenna tenuirostris EPBC Act-M Breeds on Tasmania and off the coast of south Australia, with the Un Ii kel)' Short-tailed Shearwater bulk of the population in the south-east. It undergoes transequatorial No suitable marine habitat was present for tills migration, wintering north of Japan near the Aleutian Island, with specIes. some moving north of the Bering Strait.

Macronectes gigwlteus TSCAct -EI During winter juveniles of the species often occur in all southern Unlikel)' Southern Giant-Petrel EPBC Act-E waters of Australia. Potential foraging resources in N.S.W. are No suitable marine habitat was present for tills

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SPECIES STATUS HABITAT DESCRIPTION AND LOCALLY KNOWN LIKELlliOOD OF OCCURRENCE ON SITE POPULATIONS

regarded as significant during the winter months although specIes. representing a small proportion of the total foraging area for this species.

Pterodro11la teucoptera TSC Act -V From October to May Gould's Petrel inhabits Cabbage Tree and Unlikely leucoptera EPBCAct-E Boondelbah Islands in Providence Bay, N.S.W. Breeding occurs in No suitable marine habitat was present for this Gould's Petrel November with eggs hatching in early January. species.

Ephippiorhynchus TSC Act -El Inhabits swamps associated with river systems and large permanent Low asiaticus pools but sometimes appears on the coast or in estuaries. It has also Limited habitat is available for this species in and Black-necked Stork been recorded on farm dams and sewage treatment ponds. around the dam within Station Creek. Ardea ibis EPBCAct-M Inhabits stock paddocks, pastures, croplands, wetlands and drains. Moderate Cattle Egret Suitable habitat was considered to be present

1xoblychusjlavicollis TSC Act -V Inhabits both terrestrial and estuarine wetlands, generally in areas of Low Black Bittern permanent water and dense vegetation. Where permanent water is Limited habitat is available for this species in and present, the speCIes may occur in flooded grassland, forest, around the dam within Station Creek. woodland, rainforest and mangroves.

Ha/iaeetus leucogaster TSCAct -V The White-bellied Sea-Eagle IS distributed along the coastline Low White-bellied Sea Eagle EPBCAct-M (including offshore islands) of mainland Australia and Tasmania. It Limited habitat is available for this species in and also extends inland along some of the larger waterways, especially in around the dam within Station Creek. eastern Australia. Hieraaetus 11I01phnoides TSCAct- V Found throughout the Australian mainland excepting the most Moderate Little Eagle densely forested parts of the Dividing Range escarpment. It occurs Hunting habitat is available for this species across as a single population .throughout NSW. Occupies open eucalypt the site. May utilise the site as part of a large home forest, woodland or open woodland. Sheoak or acacia woodlands range. and riparian woodlands of interior NSW are also used.

Pandion cristatus TSCAct - V Open and swamp forest adjacent to the coast or estuaries, fishing Low Osprey mainly in brackish or salt water. Limited habitat is available for this species in and around the dam within Station Creek.

Burhinus grallarius TSC Act -EI Inhabits dry open forest and woodland with an open grassy under storey Low-Moderate Bush Stone-curlew that has not been overgrazed. Prefers woodland with many fallen A degree of habitat was considered to be present branches where it roosts during the day. It has also been known to within the riparian vegetation. utilise coastal scrub, mangrove fringes, golf courses and plantations. Haematopusjilliginosus TSCAct-V Prefers rock.')' intertidal shorelines with little foliose algae, coral reefs Unlikely Sooty Oystercatcher or sandy beaches near intertidal mud flats across where they forage No suitable manne habitat was present for this for molluscs, crustaceans, polychaetes, ascidians, echinoderms and speCIes. small fish.

Calidris me/anotos EPBCAct-M Prefers shallow fresh to saline wetlands. Usually found in coastal or Unlikely

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SPECIES STATUS HABITAT DESCRIPfION AND LOCALLY KNOWN LIKELIHOOD OF OCCURRENCE ON SITE POPULATIONS

Pectoral Sandpiper near coastal habitat but occasionally found further inland, preferring No suitable marine habitat was present for tlus wetlands that have open fringing mudflats and low, emergent or species. fringing vegetation, such as grass or samphire. Gallinago hardwickii EPBCAct-M Utilises a variety of habitats, such as soft wet ground or shallow Moderate Latham's Snipe water with tussock and other green and dead vegetation, and scrub or Suitable habitat was considered to be present in and open wetland from sea-level to alpine bogs. around Station Creek. Limosa lapponica EPBCAct-M The Bar-tailed Godwit has been recorded in the coastal areas of all Unlikely Bar-tailed Godwit Australian states. The Bar-tailed Godwit is found mainly in coastal No suitable estuarine habitat was present for this habitats such as large intertidal sandflats, banks, mudflats, estuaries, species. inlets, harbours, coastal lagoons and bays. It is found often around beds of seagrass and, sometimes, in nearby saltmarsh.

Numenius EPBC Act -CE, Within Australia, the Eastern Curlew has a primarily coastal Unlikely madagascariensis M distribution. The Eastern Curlew is most commonly associated with No suitable estuarine habitat was present for this Eastern Curlew sheltered coasts, especially estuaries, bays, harbours, inlets and species. coastal lagoons, with large intertidal mudflats or sandflats, often with beds of seagrass. Numenius phaeopus EPBCAct-M The Whimbrel is often found on the intertidal mudflats of sheltered Unlikely Whimbrel coasts. It is also found in harbours, lagoons, estuaries and river No suitable estuarine habitat was present for this deltas, often those with mangroves, but also open, unvegetated species. mudflats. It is occasionally found on sandy or rocky beaches, on coral or rocJ...-y islets, or on intertidal reefs and platforms.

Tringa brevipes EPBCAct-M Often found on sheltered coasts with reefs and rock platforms or Low Grey-tailed Tattler with intertidal mudflats. It is occasionally found around near-coastal A degree of suitable habitat was considered to be wetlands, such as lagoons and lakes and ponds in sewage farms and present in and around Station Creek. saltworks.

Gelochelidon nilotica EPBCAct-M This large tern inhabits shallow wetlands, including coastal or inland Unlike!)' Gull-billed Tern lakes, swamps and lagoons, as well as sheltered bays and estuaries. No suitable estuarine habitat was present for tlus species. Hydroprogne caspia EPBC Act-M mostly found in sheltered coastal embayments (harbours, lagoons, Low Caspian Tern inlets, bays, estuaries and river deltas) and those with sandy or A degree of suitable habitat was considered to be muddy margins are preferred. They also use artificial wetlands, present in and around Station Creek. including reservoirs, sewage ponds and saltworks. Stema hirundo EPBC Act-M Recorded in all marine zones, but are commonly observed in near- Unlikel)' Common Tern coastal waters, both on ocean beaches, platforms and headlands and No suitable estuarine habitat was present for this in sheltered waters, such as bays, harbours and estuaries with muddy, species. sandy or rocJ...l' shores.

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SPECIES STATUS HABITAT DESCRIPTION AND LOCALLY KNOWN LIKELIHOOD OF OCCURRENCE ON SITE POPULATIONS

Stemula albifrons TSCAct -EI The typical features of the nesting area are a sandy substrate, flat or Unlikely Little Tem EPBC Act-M gently sloping topography, abundant shells and pebbles and little Habitat for this species was absent due to the lack vegetation. of preferred dune and vegetation types.

Ca~vptorhynchus lathami TSCAct -V Lowland coastal forests, dense mountain forests, semi-arid woodland Unlike I)' Glossy Black-Cockatoo and trees bordering watercourses, with (Allo)Casuarina trees for No preferred habitat was present for this species. foraging.

Glossopsitta pusilla TSCAct - V Tall Open Forests, woodlands, orchards, parks and street trees. Moderate Little Lorikeet Foraging habitat was available In the form of flowering trees.

Lathamus discolor TSC Act -El Open Forest to Woodland, also street trees and in parks and gardens, Low Swift Parrot EPBCAct-CE winter flowering eucalypts for feeding. This species nests in Seasonal foraging habitat was available in the form Tasmania during the summer months. of flowering myrtaceous species.

Ninox connivens TSCAct - V Found in forest and woodland, encountered most commonly III Moderate Barking Owl savanna and paperbark woodlands. It sometimes roosts In Suitable hunting habitat was considered to be rainforests, but it requires more open country for hunting and hollow present. No roosting habitat was present. Eucalypts for breeding.

Ninox strenua TSCAct - V Inhabits a wide range of vegetation types from wet eucalypt forests Moderate Powerful Owl with a rainforest under storey to dry open forests and woodlands. Hunting habitat was present across the site. May The species has been recorded utilising disturbed habitats such as utilise the site as part of a large home range. exotic pine plantations and large trees in parks and gardens.

Tyto longimembris TSCAct -V This species roost and nest on the ground, in crops or in thick grass Unlikely Eastern Grass Owl tussock often associated with swamps. No suitable habitat was considered to be present on site for this owl species.

Tyto nowiehollandiae TSCAct -V Inhabits a range of wooded habitats that contain mature trees with Moderate Masked Owl large hollows for roosting and nesting, and more open areas for Hunting habitat was present across the site. May hunting. utilise the site as part of a large home range. Tyto lenebricosa TSCAct-V Occurs along the coastal margins of eastern Australia. Prefers dense UnlikelY Sooty Owl dimly lit forests, inhabiting pockets of rainforest and wet sclerophyll This species is unlikely to occur on site due to the forest mainlv in mountainous areas, often in southeast facing gullies. lack of preferred moist forest and gully vegetation. A4erops omatus EPBCAct-M Most often found in open forests, woodlands and shrublands, and Moderate Rainbow Bee-eater cleared areas, usually near water. It will be found on farmland with Suitable habitat was considered to be present over renmant vegetation and in orchards and vineyards. It will also utilise the site. disturbed sites such as quarries, cuttings and mines to build its nesting tunnels.

Chthonicola sagittata TSCAct-V Lives in a wide range of eucalypt-dominated vegetation that Low Speckled Warbler typicallv includes scattered native tussock grasses, a sparse shrub Marginal foraging habitat was available within the

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SPECIES STATUS HABITAT DESCRIPTION AND LOCALLY KNOWN LIKELIHOOD OF OCCURRENCE ON SITE POPULATIONS

layer, some eucalypt regrowth and an open canopy. Large, relatively forest on site although the value of this habitat has undisturbed remnants are required for the species to persist in an been diminished by disturbance and its small size. area. This species is most frequently reported from the hills and tablelands of the Great Dividing Range, and rarely from the coast.

Epthianura alhifrons TSC Act -V Occurs in damp open habitats, particularly wetlands containing Low White-fronted Chat saltmarsh areas that are bordered by open grasslands or lightly Marginal habitat was available in the riparian timbered lands. The species is sensitive to human disturbance and is vegetation on site although the value of this habitat rarely found in built areas. has been diminished by the levels of disturbance.

Melithreptus gtllaris ssp. TSCAct -V Occupies mostly upper levels of drier open forests or woodlands Low gularis dominated by box and ironbark eucalypts, especially Mugga Marginal habitat was available in the npanan Black-chinned Honeyeater lronbark, White Box, Inland Grey Box, Yellow Box and Forest Red vegetation on site although the value of this habitat Gum. Has also been recorded within open forests of smooth-barked has been diminished by the levels of disturbance. gums, stringybarks, ironbarks and tea-trees. It is rarely recorded east of the Great Dividing Range but has been recorded very rarely at a few scattered sites in the Hunter, Central Coast and Illawarra regions. Pomatostomus temporalis TSCAct -V Open forest, woodland, scrubland, farmland and outer suburbs. Low-Moderate ssp. temporalis Prefers woodlands with regenerating trees, tall shrubs, and an intact Marginal foraging habitat was available within the Grey-crowned Babbler ground cover of grass and forbs. riparian vegetation.

Daphoenositta c/71ysoptera TSCAct - V Inhabits a range of habitats including open eucalypt woodlands and Moderate Varied Sittella forests; mallee, inland acacia, coastal tea-tree scrubs; golf courses, Foraging habitat was available across the site. shelterbelts, orchards, parks and scrubby gardens.

Artamus cyanoptems TSCAct - V Primarily inhabits dry, open eucalypt forests and woodlands, Low-Moderate cyanoptems including maIJee associations, with an open or sparse understorey of A degree of suitable habitat was considered to be Dusky Woodswallow eucalypt saplings, acacias and other shrubs, and ground-cover of present over the site. grasses or sedges and fallen woody debris. It has also been recorded in shrublands, heathlands and very occasionally in moist forest or rainforest. Also found in farmland, usually at the edges of forest or woodland. Mammals

Dasyurus maculatus ssp. TSCAct -V Inhabits sclerophyll forests, rainforests and coastal woodlands. Low 1I1aculatus EPBC Act-E Nests are made in rock caves and hollow logs or trees, and basking Marginal habitat is present in the remnant Tiger Quoll sites are usually found nearby. vegetation on site, although the high levels of fox activity on site limit the value of this habitat

resource.

Phascogale tapoatafa TSCAct -V Sparsely distributed outside the semi-arid zone in dry sclerophyIl Low-Moderate

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SPECIES STATUS HABITAT DESCRIPfION AND LOCALLY KNOWN LIKELffiOOD OF OCCURRENCE ON SITE POPULATIONS Brush-tailed Phascogale forest and monsoonal forest and woodland. Suitable foraging habitat was present within the trees on site, although nesting habitat was absent.

Phaseo/aretos cinereus TSCAct -V Coastal woodland and open forest containing suitable food trees. Moderate Koala EPBCAct- V Habitat is available for this species in the riparian vegetation.

Cerearletus nanus TSCAct -V Found in wet and dry eucalypt forest, subalpine woodland, coastal Low-Moderate Eastern Pygmy Possum Banksia sp. woodland and heath. Habitat is available for this species in the riparian and remnant vegetation on site. PetaU17JS australis TSCAct- V Found along the eastern coast to the western slopes of the Great Un Ii kel)' Yellow-Bellied Glider Dividing Range, from southern Queensland to Victoria. Occurs in This species is unlikely to occur on site due to the tall mature eucalypt forest generally in areas with high rainfall and lack of preferred forest vegetation types. nutrient rich soils. Forest type preferences vary with latitude and elevation; mixed coastal forests to dry escarpment forests in the north; moist coastal gullies and creek flats to tall montane forests in the south.

Petaums n01.folcensis TSCAct -V Dry scIerophyll forests and woodlands with exudates for foraging Low-Moderate Squirrel Glider and hollows for nesting. Foraging habitat was present within the trees on site, although nesting habitat was absent.

Potorous tridaetylus ssp. TSCAct -V Known from a variety of habitats, including Rainforest, Open Low tridaetylus EPBC Act- V Forests and Woodlands with dense groundcover, and dense, wet Marginal habitat was considered to be present Long-nosed Potoroo coastal heathlands. Soft (often sandy) substrates are preferred by within the riparian vegetation. this species. Pteropus poliocephalus TSCAct-V Wet and Dry ScIerophyll Forests, Rainforest, Mangroves and Moderate-High Grey-headed Flying-Fox EPBC Act- V Paperbark swamps and Banksia Woodlands. Suitable foraging habitat was present in the form of seasonally flowering myrtaceous and proteaceous species. No roosting areas were observed on site.

Mormoptems n01.fo/kensis TSC Act -V Appears to live in sclerophyll forests and woodland. Roosts in tree Moderate East Coast Freetail-bat hollows or under loose bark. Hunting habitat was present within the riparian and renmant vegetation on site.

Chalinolohus dwyeri TSCAct -V Occupies dry sclerophyll forest and woodland. Roosts in caves, Moderate Large-eared Pied Bat EPBCAct- V abandoned mud-nests of Fa 'Martins and mine tunnels. Hunting habitat was present within the riparian and remnant vegetation on site.

Falsistrellus tasmaniensis TSCAct -V Inhabits sclerophyll forests preferring moist habitats with trees taller Moderate Eastern False Pipistrelle than 20m. Generally roosts in eucalypt hollows, but has also been Hunting habitat was present within the riparian and found under loose bark on trees or in buildings. remnant vegetation on site.

Kerivoula papuensis TSC Act -V Localised and uncommon in rainforest, sometimes wet and dry Low

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SPECIES STATUS HABITAT DESCRIPfIONAND LOCALLY KNOWN LIKELllIOOD OF OCCURRENCE ON SITE POPtlLATIONS

Golden-tipped Bat sclerophyll forest. Aside from the occasionally recorded cave, roosts Marginal habitat was considered to be present are known to include abandoned nests of Gerygones and within the riparian vegetation. Scrubwrens.

Minioptems australis TSC Act -V Tropical rainforest to warnl-temperate wet and dry sclerophyll Moderate Little Bentwing-bat forest; caves or similar structures for roosting. Hunting habitat was present within the riparian and remnant vegetation on site.

Minioptems schreibersii TSCAct -V Wet and dry tall open forest, rainforest, monsoon forest, open Moderate ssp. oceanensis woodland, paperbark forests and open grasslands, caves or similar Hunting habitat was present within the riparian and Large Bentwing-bat structures for roosting. It occasionally uses tree hollows. remnant vegetation on site.

Myotis macropus TSC Act -V Various habitats of the coast and adjacent ranges with suitable Moderate Southern Myotis waterbodies for hunting; caves or similar structures for roosting. It Hunting habitat was present in the form of the dam occasionally uses tree hollows. within Station Creek. Roosting habitat was found to be absent.

Scoteanax 17Ieppellii TSCAct -V Tree-lined creeks, woodland/clearing ecotones and rainforest creeks, Moderate Greater Broad-nosed Bat roosting mainly in tree hollows. Hunting habitat was present within the riparian and remnant vegetation on site.

Vespadelus troughtoni TSCAct -V A cave dweller, known from wet sclerophyll forest and tropical Moderate Eastern Cave Bat woodlands. It has been also been found roosting in small groups in Hunting habitat was present within the riparian and sandstone overhangs, in mine tunnels and occasionally in buildings. remnant vegetation on site.

Pseudomys gracilicaudatus TSCAct -V Is mostly found in low numbers in heathland and is most common in Moderate Eastern Chestnut Mouse dense, wet heath and swamps. Optimal habitat appears to be in Habitat was considered to be present in the forested vigorously regenerating heathland burnt from 18 months to four areas on site. years previously. Pseudomys EPBCAct- V Is known to inhabit open heatWands, open woodlands with a Low novaehol/andiae heathland understorey, and vegetated sand dunes. Habitat was considered to be present in the forested New Holland Mouse areas on site; however preferred heathy vegetation was absent.

Dugong dugon TSC Act -EI Usually occurs in wide shallow protected bays, wide shallow Unlikely Dugong mangrove channels and in the lee of large inshore islands. No suitable manne habitat was present for this species. Endangered Populations

Dromaius novaehollmldiae TSC Act -E2 On the NSW north coast, Emus occur in a range of predominantly Low

-Emu population in the open lowland habitats, including grasslands, heath land, shrubland, A degree of habitat is available across the site NSW North Coast open and shrubby woodlands, forest, and swamp and sedgeland however barriers such as fencing limit opportunities Bioregion and Port communities, as well as the ecotones between these habitats. They for this species on site. Stephens LGA also occur in plantations of tea-tree and open farrnand, and

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SPECIES STATUS HABITAT DESCRIPTION AND LOCALLY KNOWN LIKELffiOOD OF OCCURRENCE ON SITE POPULATIONS occasionallv in littoral rainforest. Hawks Nest and Tea TSCAct -E2 The Hawks Nest and Tea Gardens Endangered Koala Population is Unlikely Gardens Endangered Koala known from, and in the immediate vicinity of, the towns of Hawks Some Koala habitat was present on site however the (Phascolarctos cinereus) Nest and Tea Gardens in the Great Lakes Local Government Area. distance of the site from the Tea GardenslHawks Population Nest townships means that this population 1S unlikely to visit the site.

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4.3 FAUNA SURVEY RESULTS

A full list offauna species observed during the survey is contained in Appendix B.

4.3.4 MICROCHIROPTERAN BAT SURVEY

Calls ascribed to Chalinolobus gouldii (Gould's Wattled Bat) and Vespadelus sp. were recorded on

site. Despite the similarities of calls within this genus the frequency of the calls and the observed

flight pattern indicates that this species is most likely to be Vespadelus vulturnus (Little Cave Bat).

However given that the threatened Vespadelus troughtoni (Eastern Cave Bat), which has a similar

call, has been recorded from within 10km of the site this species has been assessed further in Section

5.0 of this report.

4.3.5 SPOTLIGHTING

No native mammal species were recorded during the spotlighting survey.

4.3.6 AMPHIBIAN SURVEY

Crinia signifera (Common Eastern Froglet) was heard during diurnal and nocturnal fieldwork calling

from the waterbodies on site. This species is not listed as threatened under State or Federal

legislation.

4.3.7 REPTILE SURVEY

Lampropholis de/icata (Grass Skink) was observed on the existing earth mound during the

herpetofauna searches and Physignathus lesuerii (Eastern Water Dragon) was observed within the

drainage line close to the site's Myall Way frontage. Neither of these species are listed as threatened.

4.3.8 AVIFAUNA SURVEY

The site was found to support a number of avifauna species. Commonly observed species included

Corvus coronoides (Australian Raven), Rhipidura leucophrys (Willie Wagtail), Grallina cyanoleuca

(Magpie-lark), Sericornis frontalis (White-browed Scrubwren), Malurus cyaneus (Superb Fairy-

Wren), Trichoglossus haematodus (Rainbow Lorikeet, Gymnorhina tibicen (Australian Magpie) and

Haliastur sphenurus (Whistling Kite).

No response was heard to the broadcast nocturnal avifauna calls. None of the avifauna species

observed on site are listed as threatened species however Manorina melanocephala (Noisy Miner) was

observed on and around the proposed development area. This species is listed as a Key Threatening

Process and has therefore been further assessed in Section 5.0.

A complete list of the bird species observed on site are listed in Appendix B.

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4.3.9 GENERAL OBSERVATIONS

Macropod scats consistent with Macropus rufogriseus (Red-necked Wallaby) were commonly observed across the site.

Vulpes vulpes (Red Fox) was noted walking along Myall Way approximately 300 metres east of the proposed development area after the conclusion of the spotlighting survey. Although this species was not noted on the site itself it is likely that it would hunt periodically in the immediate vicinity.

There were:

. no scratches noted on the trunks of the trees on site,

. no whitewash, regurgitation pellets or prey remains consistent with those left by Owls species

noted, and

.no chewed Allocasuarina (She-Oak) cones found on site consistent with those eaten by

Glossy Black Cockatoos.

4.3.10 SURVEY LIMITATIONS

As with all reports of this type the main survey limitation for the survey is considered to be the short period of time in which the fieldwork was carried out during one season. Limitations to the likelihood of detecting certain subject species were also encountered during this survey. Such limitations were generally related to the seasonal detectability of species, be it as a result of known flowering periods for flora, weatherpattems or migratory movements by fauna. For example, Microchiropteran bats become less active during colder weather and would be less likely to be detected during the fieldwork due to the decreasing temperatures experienced at this time of year.

These limitations have been overcome by applying the precautionary principle in all cases where the survey methodology may have given a false negative result. This precautionary principle was achieved by recognising that most threatened species are rare and therefore unlikely to be encountered' during a survey even if they may utilise the site at other times. These species have been assessed on the basis of the presence of their habitat and the likely significance of that habitat to a viable local population.

A complete list of fauna species recorded during the survey is listed in Appendix B.

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5.0 CONSIDERATIONS UNDER SECTION 5A OF THE EPA ACT

Considerations of the effects of the proposed development under the guidelines of Section SA of the

Environmental Planning and Assessment Act (1979) for the concerned threatened species is given below. The species dealt with are those identified during the fieldwork and those identified as having potential habitat available on site in Section 4.2.3.

For the purposes of the Environmental Planning and Assessment Act 1979 and, in particular, in the

administration of sections 78, 79 and 112, the following factors have been taken into account in

deciding whether there is likely to be a significant effect on this threatened species, populations or

ecological communities, or their habitats:

a) in the case of a threatened specieS, whether the action proposed is likely to have an adverse effect on the life cycle ofthe species such that a viable localpopulation ofthe species is likely to be placed at risk ofextinction.

No threatened flora species were recorded during the survey. Habitat was considered to be available

for seven of the assessed threatened flora species:

Tetratheca juncea Black-eyed Susan Angophora inopina Charmhaven Apple Melaleuca groveana Grove's Paperbark Syzygium paniculatum Magenta Lilly Pilly Cryptostylis hunteriana Leafless Tongue Orchid Grevillea parvijlora subsp. parvijlora Small-flower Grevillea Asperula asthenes Trailing Woodruff

The available habitat for these species was generally concentrated within the riparian and remnant

vegetation adjoining or fractionally within the proposed disturbance area. Given the small size and

the disturbed nature of the proposed development area and the widespread availability of similar

habitat in the vicinity the proposal is unlikely to have a significant effect on these threatened flora

species such that a local extinction would occur.

No threatened fauna species were conclusively recorded during the survey. Of the 49 threatened

fauna species considered in this report, 37 were considered to have potential habitat resources of

varying quality available within the site:

Crinia tinnula Wallum Froglet Mixophyes balbus Stuttering Frog Litoria brevipalmata Green-thighed Frog . Ephippiorhynchus asiaticus Black-necked Stork Ixobrychusflavicollis Black Bittern Ha/iaeetus leucogaster White-bellied Sea-Eagle Hieraaetus morphnoides Little Eagle Pandion cristatus Eastern Osprey Burhinus grallarius Bush Stone-curlew

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Glossopsitta pusilla Little Lorikeet Lathamus discolor Swift Parrot Ninox connivens Barking Owl Ninox strenua Powerful Owl Tyto novaehollandiae Masked Owl Chthonicola sagittata Speckled Warbler Epthianura albifrons White-fronted Chat Melithreptus gularis gularis Black-chinned Honeyeater Pomatostomus temporalis temporalis Grey-crowned Babbler Daphoenositta chrysoptera Varied Sittella Artamus cyanopterus cyanopterus Dusky Woodswal!ow Dasyurus maculatus Spotted-tailed Quoll Phascogale tapoatafa Brush-tailed Phascogale Phascolarctos cinereus Koala

Cercartetus nanus Eastern Pygmy-possum Petaurus norfolcensis Squirrel Glider Potorous tridactylus Long-nosed Potoroo Pteropus poliocephalus Grey-headed Flying-fox. Mormopterus norfolkensis Eastern Freetail-bat Chalinolobus dwyeri Large-eared Pied Bat Falsistrellus tasmaniensis Eastern False Pipistrelle Kerivoula papuensis Golden-tipped Bat Miniopterus australis Little Bentwing-bat Miniopterus schreibersii oceanensis Eastern Bentwing-bat Myotis macropus Southern Myotis Scoteanax rueppellii Greater Broad-nosed Bat Vespadelus troughtoni Eastern Cave Bat Pseudomys gracilicaudatus Eastern Chestnut Mouse

The available habitat for these species was generally concentrated within the riparian and remnant vegetation adjoining or fractionally within the proposed disturbance area. Given the small size and the disturbed nature of the proposed development area and the widespread availability of similar habitat in the vicinity the proposal is unlikely to have a significant effect on these threatened flora species such that a local extinction would occur.

b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable localpopulation ofthe species is likely to be placed at risk ofextinction.

Two endangered populations are listed in the OEH database as occurring within 10km of the site being the Hawks Nest and Tea Gardens Endangered Koala Population and the Dromaius novaehollandiae - Emu population in the NSW North Coast Bioregion and Port Stephens LGA.

Some Koala habitat was present on site however the site is located approximately 6km from the north- western edge of the Tea Gardens built-up area, which is denoted as the westernmost limit of this population, therefore this population is unlikely to use the site.

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The site provides potential habitat for D. novaehollandiae, however fencing around the property is

likely to limit the ability of this species to traverse the site. Given the small size of the propo sal and

the widespread availability of similar habitat in the vicinity the proposal is unlikely to have a

significant impact on this endangered population.

c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:

(i) is likely to have an adverse effect on the extent ofthe ecological community such that its local occurrence is likely to be placed at risk ofextinction, or (ii) is likely to substantially and adversely modifY the composition of the ecological community such that its local occurrence is likely to be placed at risk ofextinction.

No Endangered Ecological Community was identified within or in close proximity to the proposed

development area. Therefore the proposal is unlikely to affect any Endangered Ecological

Community in the area.

d) in relation to the habitat ofa threatened species, population or ecological community:

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and (ii) whether an area of habitat is likely to become fragmented or isolatedfrom other areas ofhabitat as a result ofthe proposed action, and (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival ofthe species, population or ecological community in the locality.

It is expected that the proposal will involve the removal of approximately O.25ha of native vegetation

for the proposed earth mound, in addition to the estimated O.09ha which has been impacted by the

existing earth mound. It is recommended that the removal of remnant trees and shrubs be avoided

unless necessary for the construction of the proposed earth mound. Given the small area to be

impacted and the generally disturbed local context the proposal is unlikely to create any barriers likely

to restrict the movement of fauna across the site. Therefore it would be unlikely to further fragment

or isolate any area of habitat for any of the addressed threatened species.

Given the small size of the proposal, the history of past and current disturbance to the habitats in the

vicinity of the proposed development area and provided the recommendations in this report are

implemented it is considered that no significant areas of habitat for the species considered in this report

will be removed as a result of the proposaL

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e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly).

None of the site has been designated 'critical habitat' under Part 3 of the TSC Act.

j) whether the action proposed is consistent with the objectives or actions ofa recovery plan or threat abatementplan.

Recovery Plans under the TSC Act (1995)have been completed for the Hawks Nest and Tea Gardens

Endangered Koala Population, Large Forest Owls and the Koala. Draft Recovery Plans for the

Barking Owl and the Grey-headed Flying Fox have also been completed.

For reasons previously given in (c) it is considered that the proposed action will not significantly

compromise the recovery plan for the Hawks Nest and Tea Gardens Endangered Koala Population or

the draft Koala Recovery Plan.

Large Forest Owls include the Powerful, Masked and Sooty Owl. The recovery plan for both the

Large Forest Owls and Barking Owl recommends that developments containing bushland protect nest

and roost sites, patches of habitat and prey bases. The proposal is unlikely to impact upon any trees

suitable for nesting and as such is unlikely to compromise either of these two Recovery Plans.

The recovery plan for the Grey-headed Flying-fox recommends the retention of as many foraging

species as possible. The proposal may result in the removal of a small amount of foraging habitat

however is not likely to compromise this recovery plan given the abundance of habitat in the local

area.

No Recovery or Threat Abatement Plan has been developed for the remaining addressed species.

However the OEH has prepared Priority Action Statements (PAS)to promote the recovery of these

species and the abatement of key threatening processes in NSW. The Priority Action Statements

identified a number of broad strategies to help these species recover in NSW. Provided the

recommendations in this report are implemented it is considered that the proposal does not

significantly conflict with the PAS for these species.

g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

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The 'Key Threatening Processes' currently listed under Schedule 3 of the TSC Act that are relevant to the site have been listed below in Table 5.

Ta ble 5: Key Tb reatemne:Processes.

Key Tbreatenioe: Process Applicability in rel!ards to the site

Clearing ofNative Vegetation The proposal may involve the removal of a small number of trees to accommodate the proposed earth moune!, as has the existing earth mound. This may be viewed as an incremental contribution to this Key Threatening Process. It is recommended that trees be retained unless absolutely necessary. Loss of hollow-bearing trees Trees with habitable hollows were not present within

the area. proposed development .

Invasion of native plant communities by exotic Introduced grasses were not uncommon in the vicinity perennial grasses of the proposal and on the Lot as a whole. The proposal is unlikely to further encourage invasion by these species.

Invasion of Native Plant Communities by Bitou Bush was not found on site however there is Chrysanthemoides monilifera (Bitou Bush & the potential for further infestation in the future. It is Boneseed) recommended that this specIes be removed if encountered during construction.

Invasion of Native Plant Communities by Lantana was not found on site however there is the camara (Lantana) potential for further infestation in the future. It is recommended that this specIes be removed if encountered during construction. Predation by the Feral Cat Felis catus The proposal is unlikely to increase feral numbers of this species.

Infection of frogs by amphibian chytrid causing the No evidence of this infection was noted during disease chytridiomycosis fieldwork. It is recommended that sediment controls and vehicle hygiene protocols be implemented during future construction works to eliminate the risk of this infection spreading to the site.

Introduction and Establishment of Exotic Rust Fungi Ne.ither this fungus nor species known to currently of the order Pucciniales pathogenic on plants of the be susceptible to it were noted on or near the site. family Myrtaceae

Predation by the European Red Fox Vulpes vulpes The Red Fox was observed close to the site during fieldwork and would therefore be likely to use the site periodically. The proposal is unlikely to increase numbers of this species.

Removal of dead wood and dead trees It is recommended that any dead wood to be removed during construction on site be relocated to adiacent forest areas.

Aggressive exclusion of birds from woodland and The proposal is unlikely to have any impact of local forest habitat by abundant Noisy Miners Manorina numbers ofNoisy Miners. melanocephala. Predation by the plague minnow (Gambusia The proposal is unlikely to increase numbers of this holbrooki). introduced fish.

High frequency fire resulting in the disruption of life The proposal is unlikely to result in a higher cycle processors in plants and animals and loss of incidence of fire activity on site. vegetation structure and composition

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6.0 CONSIDERATIONS UNDER SEPP 44 - 'KOALA HABITAT PROTECTION'

The principal aim of State Environment Planning Policy 44 - Koala Habitat Protection is to encourage the proper conservation and management of areas of natural vegetation that provide habitat for Koalas to ensure a permanent free-living population over their present range and to reverse the current trend of Koala population decline.

This policy applies to areas of more than one hectare or an area which has, together with any adjoining land in the same ownership, an area of more than 1 hectare, whether or not the development application applies to the whole or only part of the land. In addressing SEPP44 there are two questions to be considered, regarding the occurrence of 'Potential' and 'Core' Koala Habitat on site.

6.1 FIRST CONSIDERATION - IS THE LAND 'POTENTIAL KOALA HABITAT'?

'Potential Koala Habitat' is defined in SEPP44 as "...an area of native vegetation where trees of the type listed in Schedule 2 (Koala feed tree species) constitute at least 15% of the total number of trees in the upper or lower strata of the tree component".

A common component of the tree canopy in the riparian vegetation and scattered around the proposal was Eucalyptus miCrocorys (Tallowwood).This species is listed in Schedule 2 as a feed tree species.

From visual inspection it was apparent that Swamp Mahogany constituted approximately 20% of the tree species in this area. Therefore it is considered that this area constitutes Potential Koala Habitat.

6.2 SECOND CONSIDERATION -IS THE LAND 'CORE KOALA HABITAT'?

'Core Koala Habitat' is defined in SEPP 44 as "...an area of land with a resident population of

Koalas, evidenced by attributes such as breeding females (that is, females with young) and recent sightings of and historical records of a Koala population."

Despite extensive searches, no Koalas or other indications of their presence (such as scratches and scats) were identified on site during fieldwork. As such the remnant and riparian vegetation in the vicinity of the proposed works does not constitute 'Core Koala Habitat'.

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7.0 CONSIDERATIONS UNDER THE COMMONWEALTH ENVmONMENT

PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Considerations have been made to the Commonwealth Environment Protection and Biodiversity

Conservation (EPBC)Act 1999. Assessments have been made to determine whether or not the

proposal or activity has, will have, or is likely to have a significant impact on a matter of National

Environmental Significance. The EPBC Protected Matters Report is shown in Appendix C. The

matters of National Environmental Significance and the appropriate responses are listed below:

.World Heritage properties;

The study area is not affected by World Heritage listing, nor is it located in the vicinity of any World

Heritage Areas.

.wetlands recognised under the Ramsar convention as having international significance;

The site occurs less than 10km from the Myall Lakes wetland area, which is recognised under the

Ramsar convention. However it is unlikely that the proposed or existing earth mounds would affect

this internationally significant wetland.

.listed threatened species and communities;

21 nationally threatened species have been recorded from within 10km of the site, these being:

Tetratheea juncea Black-eyed Susan Angophora inopina Charmhaven Apple Eucalyptus parramattensis subsp. deeadens Syzygium panieulatum Magenta Lilly Pilly Cryptostylis hunteriana Leafless Tongue Orchid Genop/esium littorale Tuncurry Midge Orchid Grevil/ea parviflora subsp. parviflora Small-flower Grevillea Asperula asthenes Trailing Woodruff Mixophyes ba/bus Stuttering Frog Caretta earetta Loggerhead Turtle Chelonia mydas Green Turtle Maeronectes giganteus Southern Giant Petrel Pterodroma leueoptera leueoptera Gould's Petrel Numenius madagaseariensis Eastern Curlew Lathamus disc%r Swift Parrot Dasyurus maeu/atus Spotted-tailed Quo 11 Phaseolaretos cinereus Koala Potorous tridaety/us Long-nosed Potoroo Pteropus poliocephalus Grey-headed Flying-fox Chalin%bus dwyeri Large-eared Pied Bat Pseudomys novaehollandiae New Holland Mouse

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None of the aforementioned species were recorded on site despite some degree of habitat occurring on site for all of the above species aside from E. p. decadens, G. littorale and the Turtle and Seabird species (c. caretta, C. mydas, M. giganteus, P. I. leucoptera and N madagascariensis). Apart from

P. novaehollandiae these species have been addressed under the provisions of state legislation (i.e.:

Section 5A of the NSW Environmental Planning and Assessment Act 1979). As stated within Section

5.0, given the small size of the proposal and the levels of past and current disturbance to the site, the removal of a small area of modified or regenerating habitat from the site is not considered to be locally significant.

Habitat was present for P. novaehollandiae in the npanan and remnant vegetation on site.

Considering the small size of the proposal and the availability of habitat in the surrounding area, the proposal is unlikely to affect the life cycle of this species such that any viable local population is likely to be placed at risk of extinction.

.migratory species protected under international agreements;

18 Migratory Species listed nder the EPBC Act (1999)have been recorded as occurring within 10lan of the study area:

Apus pacificus Fork-tailed Swift Hirundapus caudacutus White-throated Needletail Ardenna carneipes Flesh-footed Shearwater Ardenna pacifica Wedge-tailed Shearwater Ardenna tenuirostris Short-tailed Shearwater Ardea ibis Cattle Egret Haliaeetus leucogaster White-bellied Sea-Eagle Calidris melanotos Pectoral Sandpiper Gallinago hardwickii Latham's Snipe Limosa lapponica Bar-tailed Godwit Numenius madagascariensis Eastern Curlew Numenius phaeopus Whimbrel Tringa brevipes Grey-tailed Tattler Gelochelidon nilotica Gull-billed Tern Hydroprogne caspia Caspian Tern Sterna hirundo Common Tern Sternula albifrons Little Tern Merops ornatus Rainbow Bee-eater

Whilst none of the above species or traces thereof were observed on site, the site was found to contain habitat of at least marginal quality for Apus pacijcus, H caudacutus, A. ibis, H leucogaster, G. hardwickii, T brevipes, H caspia and M ornatus. Taking into account the small size of the proposed development area and its history of current and past disturbance, the intended retention of most of the habitat on site and the occurrence nearby of similar habitat is considered that no migratory species are likely to be significantly impacted as a result of the proposal.

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. nuclear activities;

The proposal does not involve any type of nuclear activity.

. the Commonwealth marine environment;

The proposal does not involve the modification of the Commonwealth marine environment.

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8.0 RECOMMENDATIONS

.If any of the existing fencing on site needs to be replaced to accommodate the proposed earth

mound it is recommended that fencing that allows the movement of animals through the site

is utili sed. Given the possible presence of gliders and fruit bats in the local area it is

recommended that barbed-wire is avoided.

.Weed species were common on the existing earth mound on the western side of Station

Creek. It is recommended that weeds be targeted for control in his area and within the

proposed construction area if encountered.

. It is recommended that any Eucalyptus microcorys (Tallowwood) to be removed for the

proposed earth mound be replaced at a rate of 2:1 as part of the landscaping/rehabilitation works

subsequent to construction of the proposed earth mound.

. It is recommended that appropriate erosion and sediment controls be instututed during and after

construction of the proposed earth mound to protect Station Creek. It is also recommended that

such measures be considered in relation to the existing earth mound where necessary.

.It is recommended that a watch be kept during vegetation clearance and construction for the

presence of any Koalas in close proximity to the proposed works. If any Koala is encountered

all works are to cease and a suitably qualified ecologist or wildlife rescuer is to be contacted

for further advice.

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9.0 CONCLUSION

Flora, habitat and fauna assessments have been undertaken within land currently known as Lot 100

DP1047534 Myall Way, Tea Gardens NSW to identify potential impacts of a proposed earth mound

on the site in regards to threatened species, populations and communities, and associated legislation.

This report also considers the impact of an existing earth mound on a small area of vegetation which

has been impacted by the construction of an existing earth mound. The proposal is only likely to

impact approximately 0.25ha of largely cleared grazing land and fringing riparian vegetation on the

site's northern frontage, with approximately 0.09ha of vegetation having been impacted by the

existing earth mound. The proposal is likely to involve the removal of a small number of trees and

shrubby vegetation towards the western end of the proposed earth mound.

No threatened flora speCIes were recorded during the survey. At least marginal habitat was

considered to be available for seven of the ten threatened species considered. Given the small size of

the vegetation to be impacted by the proposal and the general level of disturbance to the site in the

vicinity of the proposed works the proposal is unlikely to have a significant effect on any assessed

threatened flora species such that a local extinction would occur.

No threatened fauna species were recorded during the survey. Of the 52 threatened fauna species

considered in this report, 39 were considered to have potential habitat resources of varying quality

available within the site, generally concentrated in the riparian vegetation The proposal is likely to

only result in the removal of a small number of native vegetation and will mostly be located in cleared

paddock. Therefore with the widespread availability of similar habitat in the surrounding area and

given the small extent of native vegetation to be removed or modified the proposal is unlikely to

affect the life cycle of the species considered such that a viable local population is likely to be placed at

risk of extinction.

Eucalyptus microcorys (Tallowwood), which is listed as a primary feed tree in Schedule 2 of State

Environmental Planning Policy No. 44 - 'Koala Habitat Protection', was noted on site. These trees

represented over 15% of the trees in the riparian vegetation and therefore this area constituted 'Potential

Koala Habitat' under SEPP 44. Despite extensive searches, no individuals or other indications of their

presence (such as scratches and scats) were identified on site during fieldwork. As such the

vegetation on site does constitute 'Core Koala Habitat'.

Considerations have been gIven to the Commonwealth Environment Protection.and Biodiversity

Conservation (EPBC)Act (1999). It was determined that the proposal is unlikely to have a significant

impact on a matter of National Environmental Significance.

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In conclusion, given the small size of the proposal and the widespread availability of similar habitat to

remain on site and the local area it is believed it is unlikely that the proposed earth mound (or the

existing earth mound) will bear a significant adverse impact upon any viable local populations or

individuals of the threatened species provided that the recommendations of this report are implemented.

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10.0 BmLIOGRAPHY Auld, B.A. and Medd, R.W. (1996). Weeds: An lllustrated Botanical Guide to the Weeds of Australia. Inkata Press, Sydney.

Barker, J., Grigg, G.C. and Tyler, M.J. (1995). A Field Guide to Australian Frogs. Surrey, Beatty & Sons, New South Wales.

Churchill, S. (1998). Australian Bats. Reed New Holland, Sydney.

Cogger, H.G. (1992). Reptiles and Amphibians of Australia (5th edn.). Reed International, New South Wales.

Cropper, S. (1993). Management ofEndangered Plants. CSIRO Publications, East Melbourne.

ERM (1998). Hawks Nest North local environmental study. Report by ERM Mitchel McCotter Pty Ltd for Great Lakes Council. Unpublished.

Great Lakes Council (2003).Draft Vegetation Strategy - Eastern Portion, Great Lakes Council.

Harden, G (1991-2000). Flora ofNew South Wales. Vols 1-4. NSW University Press.

Murray, M., Bell, S., Hoye, G. (2002). Flora and Fauna survey Guidelines: Lower Hunter & Central Coast Region. Lower Hunter & Central Coast Regional Environmental Management Strategy, Callaghan.

National Parks and Wildlife Service (2003). Recovery Plan for the Hawks Nest and Tea Gardens Endangered Koala (Phascolarctos cinereus) Population, NSW National Parks and Wildlife Service, Hurstville.

Office of Environment and Heritage (OEH,April 2017), Flora and Fauna Database 1:100,000 map sheet covered '9332Port Stephens'.

Pizzey, G. & Knight, F. (2001). Field Guide to .the Birds of Australia. Harper Collins Publishing, Hong Kong.

Robinson, L. (2003). Field Guide to the Native Plants of Sydney (3rd edn.). Kangaroo Press Pty. Ltd., New South Wales.

Scotts, D. (2003), Key Habitats and Corridors for Forest Fauna: A Landscape Framework for Conservation in North-east New South Wales, NSW NPWS Occasional Paper 32, NSW NPWS, Sydney.

Strahan, R. (Ed)(1995). The Mammals ofAustralia. Reed Books, Australia.

Swan, G. (1990). A Field Guide to the Snakes and Lizards of New South Wales. Three Sisters Productions, New South Wales.

Triggs, B. (1996). Mammal Tracks and Signs-A Field Guide for South-eastern Australia. University Press, Melbourne.

Wildthing Environmental Consultants (2015). Seven Part Test on Threatened Flora and Fauna for Proposed Poultry Sheds and Avocado Farm at Lot 20 DP879955 Pacific Highway, Tea Gardens NSW. Report for S & A Camilleri.

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Proposed Earth Mound Seven Part Test Lot 100 DP1047534 Myall Way, Tea Gardens NSW Appendix A

APPENDIX A

FLORA SPECIES LIST

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FLORA SPECIES LIST

The following list includes all species of vascular plants observed on site during fieldwork. It should be noted that such a list cannot be considered comprehensive, but rather indicative of the flora. It can take many years of flora surveys to record all of the plant species occurring within any area, especially plant species that are only apparent in some seasons such as orchids.

A number of species cannot always be accurately identified during a brief survey, generally due to a lack of suitable flowering and/or fruiting material. Any such species are identified as accurately as possible, and are indicated in the list thus:

* Specimens which could only be identified to genus level are indicated by the generic name followed by the abbreviation "sp.", indicating an unidentified species of that genus;

* Specimens for which identification of the genus was uncertain are indicated by a question mark ("1")placed in front of the generic, which is followed by the abbreviation "sp.";

* which could be identified to level but could be identified to Specimens accurately genus , species level with only a degree of certainty are indicated by a ("?")placed in front of the epithet.

Authorities for the scientific names are not provided in the list. These follow Harden (1991, 1992, 1993 and 2000). Names of families and higher taxa follow a modified Cronquist System (1981).

Introduced species are indicated by an asterisk ("*").

The following standard abbreviations are used to indicate subspecific taxa:

ssp. - subspecies var.- variety

x - hybrid between the two indicated species

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FAMILY Scientific Name Common Name

CLASS FILICOPSIDA (FERNS)

SCHIZACEAE

Cheilanthes sieberi ssp. sieberi Mulga Fern

CLASS CONIFEROPSIDA (CONIFERS)

PINACEAE *Pinus radiata Radiata Pine

CLASS MAGNOLIOPSIDA (FLOWERINGPLANTS)

SUBCLASS MAGNOLIIDAE

APIACEAE Centella asiatica

APOCYNACEAE Parsonsia straminea var.straminea Monkey Rope

ASTERACEAE *Bidens pilosa Cobbler's Pegs *Cirsium vulgare Spear Thistle *Conyza sp. Fleabane *Dittrichia graveolens Stinkwort *Hypochoeris radicata Cat's Ear *Senecio madagascariensis Fireweed *Soliva pterosperma Bindii Vitadinia pustulata

CONVOLVULACEAE

Dichondra repens Kidney Weed

EPACRIDACEAE Epacris pulchella NSW Coral Heath

EUPHORBIACEAE Breynia oblongifolia Breynia

FABACEAE Hardenbergia violacea False Sarsaparilla Kennedia rubicunda Dusky Coral Pea Pultenaea villosa * Trifolium glomera turn Ball Clover *Trifolium repens White Clover

LOBELIACEAE

Pratia purpurascens White Root

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MALVACEAE *Sida rhombifolia Paddy's Lucerne

MIMOSACEAE Acacia falcata Acacia irrorata ssp. irrorata Acacia longifolia Sydney Golden Wattle

MYRTACEAE Angophora costata Smooth-barked Apple Corymbia gummifera Red Bloodwood Eucalyptus microcorys Tallowwood Eucalyptus propinqua Small-fruited Grey Gum Melaleuca lineariifolia Snow-in-summer Me/a/euca nodosa Ball Honeymyrtle Mela/euca styphelioides Prickly-leaved Paperbark

ONAGRACEAE

Ludwigia pep/oides ssp. montevidensis Water Primrose

PITTOSPORACEAE Bursaria spinosa Blackthorn

PLANTAGINACEAE *Plantago lanceolata Ribwort / Lamb's Tongues

PROTEACEAE Hakea sericea Bushy Needlebush

ROSACEAE *Rubus ulmifolius Blackberry

RUTACEAE Zieria smithii Sandfly Zieria

SAPINDACEAE Dodonaea triquetra Common Hop Bush

VERBENACEAE *Verbena bonariensis Purple Top *Verbena rigida

SUBCLASS LILIIDAE (Monocotyledons)

CYPERACEAE Cyperus brevifolius Mullumbimby Couch *Cyperus polystachyos Nutgrass Gahnia sieberana

LEMNACEAE Lemna disperma Duck Weed

LOMANDRACEAE Lomandra longifolia Spiny Mat Rush

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LUZURIAGACEAE Eustrephus latifolius Wombat Berry

POACEAE *Andropogon virginicus Whisky Grass Cymbopogon refractus Barbed-wire Grass Cynodon dactylon Common Couch *Digitaria sanguinalis Summer Grass Eragrostis brownii Brown's Lovegrass Imperata cylindrica var. major Blady Grass *Melinis repens Red Natal Grass *Paspalum dilatatum Paspalum Setaria gracilis Slender Pigeon Grass *Setaria sphacelata South African Pigeon Grass Sporobolus creber Parramatta Grass Themeda australis Kangaroo Grass

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APPENDIXB

FAUNA SPECIES LIST

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FAUNA SPECIES LIST

Family sequencing and taxonomy follow for each fauna class:

Birds - Pizzey and Knight (1997).

Hemetofauna - Cogger (1996),Ehmann (Ed)(1997) and Barker, Grigg and Tyler (1995).

Mammals - Strahan (Ed)(1995) and Churchill (1998).

(?)- Indicates a species identified without certainty or to a Genus level only.

* - Indicates an introduced species.

o - Indicates waterbird species observed flying over the site and not likely to utilise the site

Threatened species addressed appear in bold font.

BIRDS

Family Anatidae - Ducks, Swans and Geese Anas superciliosa Pacific Black Duck Chenonetta jubata Australian Wood Duck

Family Accipitridae - Osprey, Hawks, Eagles and Harriers Haliastur sphenurus Whistling Kite

Family Charadriidae - Plovers, Dotterels and Lapwings Vanellus miles Masked Lapwing

Family Psittacidae - Parrots, Rosellas and Lorikeets Trichoglossus haematodus Rainbow Lorikeet

Family Halcyonidae - Tree Kingfishers Dacelo novaeguineae Laughing Kookaburra

Family Maluridae - Fairy-Wrens and Emu-Wrens Malurus cyaneus Superb Fairy-Wren

Family Pardalotidae - Pardalotes, Gerygones, Scrubwrens, Heathwrens and Thombills Gerygone o/ivacea White-throated Gerygone Sericornisfrontalis White-browed Scrubwren

Family Meliphagidae - Honeyeaters Manorina melanocephala Noisy Miner

Family Dicruridae - Monarchs, Flycatchers, Fantails, Drongo and Magpie-Lark Rhipidura leucophrys Willie Wagtail Grallina cyanoleuca Magpie-lark

Family Artamidae - Wood-swallows, Butcherbirds, Magpie and Currawongs Cracticus nigrogularis Pied Butcherbird

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Gymnorhina tibicen Australian Magpie

Family Corvidae - Crows, Raven

COlUS coronoides Australian Raven

AMPHIBIANS

Family Myobatrachidae - 'Southern Frogs' Crinia signifera Common Eastern Froglet

REPTILES

Family Agamidae - Dragons Physignathus lesuerii Eastern Water Dragon

Family Scinidae - Skinks Lampropholis de/icata Grass Skink

MAMMALS

Family Macropodidae - Kangaroos, Wallabies Macropus rufogriseus Red-necked Wallaby

Family Vespertilionidae - Plain-nosed Bats Cha/inolobus gouldi Gould's Wattled bat ? Vespaledus troughtnni Eastern Cave Bat ? Vespaledus vulturnus Little Cave Bat

Family Canidae *Vulpes vulpes Red Fox

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