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Maitland to Minimbah Third Track Project Submissions Report Including Preferred Project Report September 2010

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Maitland to Minimbah Third Track Project Submissions Report Including Preferred Project Report September 2010 Maitland to Minimbah Third Track Project Submissions Report Including Preferred Project Report September 2010 Australian Rail Track Corporation Maitland to Minimbah Third Track Project Submissions Report including Preferred Project Report September 2010 H8R-REP-S2G-ENV-0019-0 Part B - Submissions Part B Submissions Part B Submissions 14 H8R-REP-S2G-ENV-0019-0-Preferred Project Report_070910.doc 3. Consideration of Submissions 3.1 Number of Submissions Received The Environmental Assessment was placed on exhibition from 9 June 2010 to 12 July 2010. During this period, the Department of Planning received a total of 54 submissions. These comprised 45 submissions from community members and nine submissions from government departments and agencies. The Hunter 8 Alliance response to the key issues raised in these submissions forms the basis of Chapter 4. 3.2 Submission Issues Appendix A includes details on each of the non-government and government submissions. This includes: The government agency responsible for the submission (where appropriate). The suburb where the author of the non-government submission resides and/or is a landholder (where appropriate). The comments and/ or issues raised in the submission. Where the issue was addressed in the Environmental Assessment (where applicable). Where the issue is addressed in the Submissions Report (where applicable). The names of those making submissions have only been provided for government agencies and organisations. The suburb of residence is the only detail provided for private submissions. 3.3 Analysis Process All non-government submissions (including submissions from the community) have been categorised according to the key and specific issues they raised. The specific issues raised in non-government submissions, and the location of the Hunter 8 Alliance response to these issues, are provided in Appendix A. Government agency submissions have been dealt with separately to non-government submissions due to the number of specific, technical issues that were raised. The specific issues raised in government agency submissions, and the Hunter 8 Alliance response to these issues, are provided in Appendix A. 3.3.1 Non-Government Issues Table 3-1 summarises the issues raised in the 45 non-government submissions, listed most to least frequent based on the number of submissions that raised the issue (many submissions raised an issue multiple times). H8R-REP-S2G-ENV-0019-0-Preferred Project Report_070910.doc 15 Table 3-1 Summary of Issues from Non-Government Submissions Type of Issue Raised Number of issues raised in Submissions Noise and Vibration 39 Land Use/ Property Acquisition 21 Air Quality 11 Community Consultation 10 Traffic and Access 8 Social 8 Design 8 Hydrology and Water Quality 7 Construction 6 Ecology 5 Operation 5 Environmental Management 4 Non-Indigenous Heritage 4 Visual 3 Aboriginal Heritage 1 Other Issues 11 The response to issues provided in Chapter 4 is presented based on the order of issues from Table 3-1. 3.3.2 Government Issues Table 3-2 summarises the issues raised in the nine government submissions, listed most to least frequent based on the number of submissions that raised the issue (many submissions raised an issue multiple times). Table 3-2 Summary of Issues from Government Submissions Type of Issue Raised Number of issues raised in Submissions Noise and Vibration 3 Traffic and Access 3 Non-Indigenous Heritage 3 Construction 3 Aboriginal Heritage 1 16 H8R-REP-S2G-ENV-0019-0-Preferred Project Report_070910.doc Type of Issue Raised Number of issues raised in Submissions Ecology 1 Design 2 Air Quality 1 Hydrology and Water Quality 1 Land Use/ Property Acquisition 1 Cumulative Impacts 1 Groundwater 1 Visual 1 H8R-REP-S2G-ENV-0019-0-Preferred Project Report_070910.doc 17 4. Response to Submission Issues The issues raised in the submissions have been categorised as follows: Issue Aspect: The Issue Aspect relates to an environmental, operational or design aspect as addressed as a chapter in the Environmental Assessment. For example Noise and Vibration; or Construction. Summary Issue: This is a specific issue associated with the Issue Aspect. For example Concerns regarding operational rail noise under Noise and Vibration; or Proposed restrictions on construction hours under Construction. The following sections address each of the Summary Issues and the Hunter 8 Alliance response to the issue. These have been presented in the order as listed in Table 3-1 (from most to least number of non- government submissions which addressed the issue). 4.1 Noise and Vibration Operational Rail Noise and Vibration Impacts Issues With regard to operational rail noise and vibration impacts submissions raised the following issues: 1. Concerns regarding existing rail noise and vibration. 2. Concerns from residences adjacent to the Project area regarding the potential for the third track and future operations to contribute to increased noise and vibration. 3. Concerns from residences adjacent to the existing rail corridor but outside of the Project Area regarding the potential for future operations to contribute to increased noise and vibration. 4. Submissions also raised the concern that the loss of vegetation would result in increased noise levels. Response In regard to operational rail noise and vibration impacts: 1. Details on the existing acoustic environment surrounding the Project area, and results of noise monitoring undertaken between July and September 2009 are presented in Section 17.4 of the Environmental Assessment. The Environmental Assessment discusses both existing noise from individual rail pass-bys (Lmax) and averaged rail noise throughout the day or night (Leq,15hrs or Leq,9hrs) The Assessment did find that the IGANRIP noise targets were exceeded in some areas along the Project route, including six of the 17 noise monitoring locations along the corridor. The form of attenuation and the timing of its implementation are discussed in Section 5.9.6 of this report. 2. The purpose of the Noise and Vibration Impact Assessment undertaken as part of the Environmental Assessment was to predict the potential noise and vibration levels associated with the Project and future rail operations, and the potential impacts on sensitive receptors. This is detailed in Chapter 17 of the Environmental Assessment, which outlines the areas potentially affected by rail operations at Project opening year (2012) and 10 years after opening (2022). Potential noise and vibration impacts associated with the modifications to the Project are discussed in Section 6.7 of this report, while the 18 H8R-REP-S2G-ENV-0019-0-Preferred Project Report_070910.doc noise attenuation proposed at properties where IGANRIP is triggered is provided in Section 5.9.6 of this report. 3. Submissions from residents in areas outside of the Project area, such as at Singleton and Maitland, raised concern about the potential for future operations to contribute to increased noise and vibration. The purpose of the Environmental Assessment is to assess the potential environmental impacts associated with construction and operation of the third track. Management of issues associated with potential noise impacts at locations where the third track is not proposed would be associated with the ARTC Environment Protection Licence that applies to the rail network. 4. Vegetation of height and density such as seen in the Project area does little, if anything, to attenuate noise. While it can provide a visual barrier to a noise source, it does not provide a physical barrier to the noise generated. Therefore the loss of vegetation would not result in an increase of noise. Adequacy of Noise and Vibration Attenuation Issues Submissions raised concerns regarding the proposed operational noise attenuation: 1. They do not support the proposed operational noise management approach. Noise attenuation options need to be proposed now rather than after additional noise monitoring. 2. Submissions noted that some existing residences, approved developments (Anvil Creek, Service Station and Tourist Development at Belford, Heritage Green), proposed residential land uses (Farley and Lochinvar Investigation Areas) and the proposed Pacific National Provisioning Facility had not been adequately considered for noise attenuation. 3. There is no consideration of controls on the management of the rail users (controls on locomotives). Response In regard to concerns regarding the proposed noise attenuation: 1. Section 5.9.6 of this report outlines amended Operational Noise Management Plan. This includes provision of noise attenuation to properties adjacent to the Phase 1 works where IGANRIP is predicted to be exceeded following commissioning of the third track. 2. For the specific identified locations: – Anvil Creek: The draft development approval (the Hunter 8 Alliance has only received the draft development approval) from Cessnock City Council issued to Greta Estates for the Anvil Creek development site states that: 3. Any further development application for the carrying out of the other stages of the concept proposal the subject of this consent (other than the Stage 1 subdivision and associated works the subject of this consent) must be accompanied by the following: – A revised acoustic assessment report and vibration logging survey for residential development impacted by noise and vibration from the proposed Maitland to Minimbah Third Track and the extension to the Hunter Expressway, together with a visual impact assessment report regarding any recommended
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