Application CRC184977 By Te Rūnanga o Ngai Tahu for a Coastal Permit to erect a structure, disturb and deposit material on the foreshore and seabed, occupy the coastal marine area and reclaim part of the foreshore and seabed Section 42A Officer’s Report – Rhett Klopper Date: July 2018 INTRODUCTION 1. Te Rūnanga o Ngai Tahu (the applicant) has applied for a coastal permit to: a. Reclaim part of the foreshore or seabed; b. Place, alter or remove structures (deposit substance); c. Erect, reconstruct a structure; d. Disturb the foreshore and seabed; e. Deposit material in the foreshore or seabed; f. Occupy the common marine and coastal area; 2. The applicant proposes to undertake construction works to install a revetment / seawall structure along the access track to Onawe Peninsula, Akaroa Harbour, Banks Peninsula. The works are intended to protect the access track which has been subject to erosion and landslip activity, and which is required to maintain Onawe Pa / Peninsula. 3. The application was prepared by Alisa Wood of Opus International Consultants Limited (the consultant) on behalf of the applicant. 4. A site visit was not undertaken during the processing of this application. DESCRIPTION OF THE PROPOSED ACTIVITY 5. The applicant proposes to erect a revetment (sea wall) structure, disturb and deposit material on the foreshore and seabed, occupy the coastal marine area, and reclaim part of the foreshore or seabed. Refer to Section 3 of the AEE, (Page 9), which accompanied this application for a more detailed description. 6. The applicant is proposing to erect an approximately 20m long revetment on the west side / face of Onawe Peninsula where there is an existing access ramp (for vehicles and walking). The applicant intends for the revetment to protect the track from long term erosion and provide for improved longevity and reduce risk. 7. The applicant will be installing stormwater management subsoil drains to collect water and discharge this water at a point along the rock revetment. 8. In addition, the applicant will be widening approximately 14m of the track at approximately 55m south of the southern ramp. 9. Further work will include moving the existing access gate and landscaping / mitigation works. s42A report version September 2015 Toe Protection and Buttressing 10. The applicant proposes to install a 20m long rock revetment to consist of imported granular fill and rock, which will extend 20m south of the toe of the ramp. 11. The revetment is designed to have a crest level of +4.5m Chart Datum (CD). The fill is proposed to have an overall thickness of 5m, and the rock revetment a crest width of 1m. 12. In order to construct the revetment, 0.25m excavation for the deep toe embedment trench into underlying bed rock will be required to mitigate the risk of toe scour undermining. Figure 1: Toe Protection and Buttressing along edge of southern access ramp, rock revetment (blue shading), new fill (lime green), and extended access track (grey). The relocated gate (purple line) and subsoil drain (green line) are also shown. 13. The western face of the ramp will be benched into its side (1m width, 2-3m in depth) before building the new bench and the lower fill behind the rock revetment structure. The upper fill will widen the access ramp to the required 4m width. Stormwater Management 14. An 80 m long subsoil drain along the access track to channel the drain water away from Onawe Pa to a point on the rock revetment structure will be installed. 15. The subsoil drain will necessitate excavation of a trench along the east side of the access track and ramp approximately 0.10m wide and 0.27m deep. Widening of Access Track 16. Further up the access track, it is proposed to widen he track by cutting into a section of the existing bank. A 14m long cut by approximately 1m wide will be required to widen the access track to 3m in width. Consent Number: CRC184977 Page 2 of 46 Consent Planner: Rhett Klopper Figure 2: Plan showing the subsoil drain (drain line) and area of cut required to widen access track to 3m (red). Shaded green showing area of slip caused by storm water flow. Construction Methodology 17. In Summary, the applicant proposes construction methodology is as follows: a. Trim existing retaining wall; b. Excavate site and proposed rock revetment; c. Install subsoil drain; d. Place rock along eroded bank; e. Backfill behind rock revetment; f. Remove existing gate; g. Install new gate; h. Undertake landscaping; and i. Reinstate site. 18. The applicant will employ erosion and sediment controls during works in accordance with Environment Canterbury’s Erosion and Sediment Control Toolbox (ESCT). 19. Storage of fuel and hazardous substances will not occur within the foreshore and seabed. 20. The majority of works will be undertaken during low tide to minimise the disturbance of the wetted part of the foreshore and seabed. 21. The applicant has requested a duration of 35 years. LEGAL AND PLANNING MATTERS The Resource Management Act 1991 (RMA) 22. Section 12 of the RMA states that: “(1) No person may, in the coastal marine area,— (a) reclaim … any foreshore or seabed; or Consent Number: CRC184977 Page 3 of 46 Consent Planner: Rhett Klopper (b) erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or (c) disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or (d) deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or (e) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or (f) introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed; or (g) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage— unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or a resource consent. (2) No person may, unless expressly allowed by a national environmental standard, a rule in a regional coastal plan or in any proposed regional coastal plan for the same region, or a resource consent,— (a) occupy any part of the common marine and coastal area; or (b) remove any sand, shingle, shell, or other natural material from that area… 23. Section 15(1) of the Act states that no person may, in the coastal marine area, discharge any contaminant or water into water, unless the discharge is expressly allowed by a rule in a regional plan and in any relevant proposed regional plan, resource consent or regulations. 24. The proposal involves the occupation of the foreshore and seabed, the reconstruction, erection and alteration of coastal track and rock revetment. This will result in the erection, and reconstruction of a structure, the disturbance of the foreshore or sea bed, and the deposition of material. These activities are not expressly allowed by a national environmental standard or a rule in a regional plan. Therefore resource consent is required. 25. Sections 89A of the RMA Applications affecting navigation to be referred to Maritime New Zealand applies to this proposal. The activity includes a reclamation and includes building a structure, s89A(1)(a)(i). 26. Section 89A(2) requires a local authority to send a copy of the application to Maritime New Zealand (MNZ), who under section 89A(3) must report on any navigation related matters. 27. Mr Ian Fox, Deputy Regional Harbourmaster, has advised me that he considers that as there is limited encroachment into the tidal zone, that there are not navigational safely issues with the proposal. Consent Number: CRC184977 Page 4 of 46 Consent Planner: Rhett Klopper 28. Under an agreement with between the Regional Harbourmaster and MNZ it is not necessary to inform MNZ. Regional Plans Land and Water Regional Plan (LWRP) 29. If the works are adjacent to the Coastal Marine Area (within the Coastal environment (above Mean High Water Spring /Coastal Hazard Zone 1 & 2 (Chapter 9 of the Regional Coastal Plan), then LWRP applies. Some activities within the Coastal Hazard Zones are covered in the RCEP. 30. As the majority of the works are located within the CMA, I do not consider that the LWRP applies to this proposal. The Regional Coastal Environment Plan for the Canterbury Region (RCEP) 31. The CMA includes the foreshore, seabed, and the coastal water and airspace above the water between the outer limit of the territorial waters (12 nautical miles) and the line of mean high-water spring tide (MHWS). Given that the works are in the CMA the RCEP applies. 32. The applicant has assessed the activity status of the proposed activities in Section 4.2.1.1 of the AEE (Page 16) which accompanied the application. Erection, reconstruction, placement, extension, removal and demolition of structures fixed in, on under or over any foreshore or seabed 33. I agree with the applicant that Rule 8.4 Non-complying Activities of the RCEP for reconstruction and extension of a structure within the CMA applies to this proposal.