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Project Area Background Scope Our ref: PR144033-9 Unit 2A, 45 Fitzroy Street Carrington NSW 2294 T +61 2 4940 4200 Date: 09 December 2019 Raphael Shin Enterprises Pty Ltd 101 Bowden Street RYDE NSW 2112 Dear Raphael, Raphael Shin Enterprises Pty Ltd has engaged RPS to update the Environmental Impact Statement (EIS) for The Bay Resort at Anna Bay under State Significant Development (SSD13_5916). Project Area The Project Area is located directly north of Nelson Bay Road, being land within Lot 2 DP747399 and land within an un-named Council road to the immediate east of Lot 2 DP 747399. The Project Area is within the Port Stephens Council Local Government Area (LGA) (Figure1). Background A Cultural Heritage Impact Assessment (CHIA) was prepared in November 2014 for “The Bay Resort’, for land within Lot 2 DP747399. The purpose of this report was to inform the Environmental Impact Statement (EIS) which was prepared in April 2015. Scope This letter report has been produced as an addendum to the EIS and provides: • An updated Aboriginal Heritage Impact Management System (AHIMS) search to ensure no newly identified sites have been registered within the Project Area; • Updated historic heritage database searches; and • An Aboriginal Archaeological Due Diligence Assessment for the proposed upgrading of the un-named Council road. Field survey for the due diligence assessment was undertaken December 2019, refer to Appendix A. RPS Australia East Pty Ltd. Registered in Australia No. 44 140 292 762 rpsgroup.com Page 1 ALLIS CRE N W EK Legend 2 Project Area Previously Surveyed Area k Karuah Cadastre Carrington Hawks Nest 2m Contours North Pindimar Soldiers Arm Cove Drainage Point Lemon Tree 2 Roads and Tracks Passage Nelson Bay Road Authority Mallabula Salamander Bay Fingal Bay Crown Local Government Authority Fishermans NSW Government Bay Location 2 0 2 2 4 2 6 8 IMPORTANT NOTE 1. This plan was prepared for the sole purposes of the client for the 6 6 specific purpose of producing a photographic overlay plan. NELSON BAY ROAD This plan is strictly limited to the Purpose and does not apply directly or indirectly and will not be used for any other application, purpose, use or matter. The plan is presented without the assumption of a duty of care to any other person (other than the Client) ("Third Party") and may not be relied on by Third Party. 2. RPS Australia East Pty Ltd will not be liable (in negligence or otherwise) for any direct or indirect loss, damage, liability or claim arising out of or incidental to: L a. a Third Party publishing, using or relying on the plan; I b. RPS Australia East Pty Ltd relying on information provided to it by A the Client or a Third Party where the information is incorrect, incomplete, inaccurate, out-of-date or unreasonable; R c. any inaccuracies or other faults with information or T data sourced from a T hird Party; L d. RPS Australia East Pty Ltd relying on surface indicators Y I that are incorrect or inaccurate; e. the Client or any Third Party not verifying information in R A this plan where recommended by RPS Australia East Pty Ltd; E R f. lodgment of this plan with any local authority against the T T recommendation of RPS Australia East Pty Ltd; E g. the accuracy, reliability, suitability or completeness of any H approximations or estimates made or referred to by RPS Australia M T East Pty Ltd in this plan. E R 3. Without limiting paragraph 1 or 2 above, this plan may not be copied, C O distributed, or reproduced by any process unless this note is clearly displayed on the plan. N 0 100 200 300 400 500 m 4. The aerial photography used in this plan has not been rectified. This image has been overlaid as a best fit on the boundaries shown and position is approximate only. SCALE 1:8,000 AT A4 SIZE LOCATION: ANNA BAY DATUM: GDA94 FIGURE 1: PROJECT LOCATION PROJECTION: MGA Zone 56 JOB NO.: PR144033-9 Data Sources: RPS, Client PURPOSE: HERITAGE Land and Property 2017 Technician: Natalie.Wood Date: 9/12/2019 RAPHAEL SHIN ENTERPRISES PTY LTD CLIENT: RPS AUSTRALIA EAST PTY LTD (ABN 44 140 292 762) Unit 2A, 45 Fitzroy Street, Carrington, NSW, Australia, 2294 PO Box 120, Carrington, NSW, 2294 T: 02 4940 4200 F: 02 4940 4299 www.rpsgroup.com.au Path: J:\JOBS\144K\144033 Anna Bay\10 - Drafting\Arcgis Map Documents\Arch\144033-9 Figure 1 PA Location A A4 20191209.mxd NEW_A4_Portrait 2018 Rev: B Produced:NWReviewed: NW Date: 10/05/2018 1 ABORIGINAL ARCHAEOLOGICAL CONTEXT AHIMS site 38-5-0250 is located on Lot 2 DP 747399. The modified concept design for the Project (as well as the previous concept design which was the subject of the original EIS in April 2015) avoids development upon and in the vicinity of AHIMS site 38-5-0250. Importantly, one of the key recommendations of the The CHIA for Lot 2 DP 747399 states the following: “A Cultural Heritage Management Plan (CHMP) should be prepared prior to construction works commencing to avoid future harm to AHIMS site #38-5-0250. The CHMP should also address potential impacts due to surface and subsurface disturbance during construction. Prior to a CHMP being prepared site 38-5-0250 should be protected by a high visibility, protective barrier to demarcate the site as a “No Go Zone” during construction works.” 1.1 Aboriginal Database Search An updated AHIMS search was undertaken on 27 November 2019 (Appendix B), which identified 96 Aboriginal sites within the searched coordinates (Table 1). Previously a search was conducted for the CHIA (2014) under the same coordinates, this search identified 91 AHIMS sites within the searched coordinates. Figure 2 provides a sample of the searched area and shows the registered AHIMs sites closest to the current Project Area. The search parameters were as follows: GDA Zone 56 Eastings: 408987 – 413987 Northings: 6371811 – 6376881 Buffer: No buffer Table 1: Summary of AHIMS within the searched coordinates Site Type Frequency Percentage Shell Midden 53 55.21% Aboriginal Resource and Gathering 15 16.63% Shell Midden, Artefact 8 8.33% Artefact Scatter 6 6.25% Artefact Site (Number Unspecified) 5 5.20% Burial/s 2 2.08% Isolated Find 1 1.05% PAD 1 1.05% PAD (not a site) 1 1.05% PAD, Artefact 1 1.05% Shell Midden, Artefact, Hearth 1 1.05% Shell Midden Quarry 1 1.05% Total 96 100% Data from AHIMS database AHIMS site 38-5-0250 is located in the south western end of the Project Area, this site is described in more details below. RPS Australia East Pty Ltd. Registered in Australia No. 44 140 292 762 rpsgroup.com Page 2 38-5-0250 AHIMS 38-5-0250 is located approximately 75 metres west of the Project Area. The site was recorded in a reasonably disturbed context due to vegetation removal and earthworks. The site is a midden comprising of whole and fragment pipi, cockle, mud whelk and mud oyster shell over an area of 10 metres x 5 metres. The midden includes two lithic indurated rhyolitic tuff flakes. One, small white flake with a maximum dimension of 1-2 centimetres and one small red and white flake with a maximum dimension of 2-3 centimetres. This AHIMS site will not be impacted during the proposed road upgrade. 1.2 Native Title Register Search A search of the National Native Title Tribunal Native Title Register (NTR) for the Port Stephens region was undertaken on 27 September 2019. The NTR identified one registered claim close to the Project Area (NND2012/002). However, the Federal Court ruled that Native Title does not exist in this area. As such there are no Native Title Determinations areas in or near the Project Area. The NTR search did not identify any ILUAs in effect over the Project Area. 1.3 Summary Although five more sites are now registered within the searched coordinates, no new sites have been located in the Project Area. The AHIMS site 38-5-0250 is located in the south western end of the Project Area which has been fenced off as recommended in the CHIA (2014). No other AHIMS sites will be impacted during the proposed development of the Project Area. RPS Australia East Pty Ltd. Registered in Australia No. 44 140 292 762 rpsgroup.com Page 3 34 T A IMPORTANT NOTE 8 N C 1. This plan was prepared for the sole purposes of the client for the 4 0 E IL 2 O specific purpose of producing a photographic overlay plan. N 1 4 U This plan is strictly limited to the Purpose and does not apply directly B 1 2 O 6 4 8 6 or indirectly and will not be used for any other application, purpose, 0 A 1 K N use or matter. The plan is presented without the assumption of a duty of Legend R P E care to any other person (other than the Client) ("Third Party") and * 2 # 8 2 O 4 A may not be relied on by T hird Party. 6 V 6 A 0 R 8 A 2. RPS Australia East Pty Ltd will not be liable (in negligence 1 D Project Area Midden, Artefact Site 0 1 0 2 H A or otherwise) for any direct or indirect loss, damage, liability or claim 0 5 A arising out of or incidental to: I D L a. a Third Party publishing, using or relying on the plan; 6 R 2 12 L E b.
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