19 August 2014

Fulton Hogan Limited ( Office) Attn To: David 57 Wilkin Street Waimate 7924

Dear Sir/Madam

NOTICE OF RESOURCE CONSENT DECISION(S)

RECORD NO: CRC150986 NAME: Fulton Hogan Limited (Waimate Office)

The decision of Environment Canterbury is to grant your application(s) on the terms and conditions specified in the attached resource consent document(s). Your resource consent(s) commences from the date of this letter advising you of the decision. The reasons for the decision are:

Any adverse effects on the environment as a result of the proposed activity will be minor. There are no persons considered to be adversely affected by this proposal.

For some activities a report is prepared, with officer recommendations, to provide information to the decision makers. If you require a copy of the report please contact our Customer Services section.

If you do not agree with the consent authority decision, you may object to the whole or any part. Notice of any objection must be in writing and lodged with Environment Canterbury within 15 working days of receipt of this decision.

Alternatively you may appeal to the Environment Court, PO Box 2069, . The notice of appeal must be lodged with the Court within 15 working days of receipt of this decision, with a copy forwarded to Environment Canterbury within the same timeframe. If you appeal this decision, the commencement date will then be the date on which the decision on the appeal is determined. If you are in any doubt about the correct procedures, you should seek legal advice.

You can find online information about your consent document at http://ecan.govt.nz/publications/General/YourConsentDocumentBooklet09.pdf and also information regarding the monitoring of your consent at http://ecan.govt.nz/publications/General/monitoring-your- consent-booklet.pdf . These booklets contain important information about your consent and answers some commonly asked questions about what will happen next in the life of your resource consent. There is an Annual Compliance Monitoring Charge associated with every consent. For details of this, please refer to page 10 of the “Monitoring Your Consent’ booklet.

Our Ref: CRC150986 Your Customer No: EC320304 Contact: Customer Services

Environment Canterbury takes every measure to improve both applications and processes, and we appreciate your feedback as an important component in ensuring this occurs. You can complete a consents survey on-line at http://www.ecan.govt.nz/services/resource-consents/pages/surveys.aspx . Alternatively, you can call our Customer Services Section on 0800 EC INFO who will be happy to complete the survey with you.

Charges, set in accordance with section 36 of the Resource Management Act 1991, shall be paid to the Regional Council for the carrying out of its functions in relation to the administration, monitoring and supervision of resource consents and for the carrying out of its functions under section 35 of the Act.

Thank you for helping us make Canterbury a great place to live.

For all queries please contact our Customer Services Section by telephoning (03) 353 9007, 0800 ECINFO (0800 324 636), or email [email protected] quoting your CRC number above.

Yours sincerely

CONSENTS PLANNING SECTION

RESOURCE CONSENT CRC150986 Pursuant to Section 104 of the Resource Management Act 1991

The Canterbury Regional Council (known as Environment Canterbury)

GRANTS TO: Fulton Hogan Limited (Waimate Office)

A LAND USE CONSENT: To extract gravel from the bed of the Makikihi River

COMMENCEMENT DATE: 19 Aug 2014

EXPIRY DATE: 19 May 2015

LOCATION: Hunter Makikihi Road, Makikihi River

SUBJECT TO THE FOLLOWING CONDITIONS:

General

1 Excavation and deposition shall only be carried out in the bed of the Makikihi River within the area between Point A located at or about map reference Topo50 CA19:5012-5700 and Point B located at or about map reference Topo50 CA19:5061-5689 as shown on Plan CRC150986 which forms part of this consent.

2 The quantity of gravel, sand and other natural material excavated from the area specified in condition (1) shall not exceed 7,000 cubic metres.

Prior to Works

3 The Canterbury Regional Council, Attention: RMA Compliance and Enforcement Manager, shall be notified at least two working days:

a. prior to commencement of works authorised by this consent or, b. prior to the re-commencement of works, where works have been discontinued for more than eight days.

Notification shall include:

a. the proposed start and end dates of the period of work; and b. where consent is to be exercised by a person other than the consent holder, the name, address and contact telephone number of the person(s) exercising the consent.

4 Prior to commencing works, the consent holder shall provide a copy of this resource consent to all persons undertaking activities authorised by this consent, and explain to

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those persons how to comply with the consent conditions.

5 Prior to any works authorised by this consent being carried out in the period 1 September to 1 February, the consent holder shall ensure that:

a. a suitably qualified and independent person inspects the proposed area of works, no earlier than eight days prior to any works being carried out, and locates any bird breeding sites of birds listed in Appendix A, which forms part of this consent; b. he person carrying out the inspection prepares a written report that identifies all the located bird breeding or nesting sites and provides copies of that report to the consent holder and the Canterbury Regional Council, attention RMA Compliance and Enforcement Manager; c. the name and qualifications of the person carrying out the inspection are provided to the Canterbury Regional Council with the report; d. any person carrying out works authorised by this consent are informed of any bird breeding or nesting sites located; and e. where work ceases for more than eight days, the site will be re-inspected for bird breeding and nesting sites in accordance with parts (a) to (d) of this condition.

During Works

6 Access to the site shall only be via the existing access routes. Advice Note: This consent does not grant access to the extraction area. This must be arranged with the landowner.

7 Gravel, sand and natural material shall not be excavated within:

a. Ten metres of the banks of the river or flood protection works. For the purpose of this condition flood protection works are defined as, but not limited to: areas of vegetation maintained or planted in the beds of rivers; access tracks; rockwork; anchored trees; wire rope; and groynes; b. 50 metres of stopbanks and any other structures; c. Five metres of flowing water

8 Depth of excavation shall not exceed:

a. One metre below the natural riverbed prior to excavation; and b. A level of 300 millimetres above the base of any channel containing flowing water adjacent to the active work site.

9 There shall be no stockpiling of gravel, sand or other natural material, including reject material, on the river bed.

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10 To prevent the spread of pest species, including but not limited to Didymo, the consent holder shall ensure that activities authorised by this consent are undertaken in accordance with the Biosecurity New Zealand’s hygiene procedures and that machinery shall be free of plants and plant seeds prior to use in the riverbed.

Advice Note: You can access the most current version of these procedures from the Biosecurity New Zealand website http://www.biosecurity.govt.nz.

11 Except where required to install temporary culverts or single span bridges, gravel, sand and natural material shall not be excavated within five metres of flowing water including aquatic habitats sensitive to the effects of gravel excavation including riffles, spring-feed braids, and seepage habitats.

For the purpose of this consent: Riffles are defined as areas of shallow rapids, where the water surface is broken into waves by totally or partially submerged obstructions;

Spring fed Braids are defined as side braids of the main channel with no visible surface flow into the braid (flow is likely intra gravel or spring fed), but having flow out of them into the main channel.

Seepage habitats are defined as areas of very shallow water ultimately flowing into another channel. They usually form on terraces at the margins of the stop banked bed.

12 If it becomes necessary to pass through flowing water to access the works site: a. the consent holder shall install temporary culverts or single span bridges prior to crossing the flowing water; or b. if it is not practicable at the time to delay crossing flowing water while temporary culverts or single span bridges are installed the consent holder shall: i. as soon as practicable, and not later than six hours after it becomes necessary to pass through flowing water, contact the Canterbury Regional Council RMA Compliance and Enforcement Manager to inform them of the necessity of crossing flowing water; and ii. arrange for the installation of temporary culverts or single span bridges across the flowing water within 24 hours of the need to cross flowing water being identified. c. Vehicles and machinery shall be prohibited from entering flowing water, except where required to install temporary culverts or single span bridges, after 24 hours of it becoming necessary to cross the channel.

13 All practicable measures shall be undertaken to ensure that the installation of temporary culverts or single span bridges:

a. are placed away from those aquatic habitats specified in condition (11), unless there is no practicable alternative to that area; and b. do not cause the impoundment of water upstream of the culvert or bridge; and c. do not prevent the passage of fish.

14 All practicable measures shall be undertaken to minimise:

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a. erosion of the bed and banks of the Makakihi River; and b. the discharge of sediment to the Makakihi River; as a result of the works.

15 Vehicles and/or machinery shall not operate within 100 metres of birds which are nesting or rearing their young in the bed of the river, as identified by the inspection undertaken in accordance with condition (5).

For the purposes of this condition birds are defined as those bird species listed in Appendix A, which forms part of this consent.

16 All practicable measures shall be undertaken to prevent oil and fuel leaks from vehicles and machinery including, but not limited to:

a. There shall be no storage of fuel within 20 metres of the bed of a river. b. Fuel shall be stored securely or removed from site overnight. c. With the exception of refuelling portable processing plants and tracked vehicles, including crushing and screening units, there shall be no refuelling of vehicles and machinery within 20 metres of the bed of a river.

17 When refuelling portable processing plants within the bed of a river:

a. The refuelling of machinery does not take place over the wet bed of a river or lake, or in any area where spills may enter surface water; and b. All refuelling and bulk deliveries are directly supervised by the equipment operator; and c. All mobile plant is refuelled in a designated area, on an impermeable base away from drains or watercourses and if not, drip trays are used; and d. All non-mobile plant has drip trays or other spill-containment installed.

18 If further excavation at the site in the active riverbed is not to occur within eight days following the last working at the site, then the following shall occur:

a. All deposits excluding stockpiles of gravel, sand and other natural material shall be levelled to the natural bed level; b. The excavation area shall be reshaped and formed to a state consistent with the surrounding natural river bed; and c. Reject material shall be removed from the river bed. d. Any temporary culverts as referred to in Condition (12) shall be removed.

19 Works shall:

a. not be carried out on Sundays or public holidays. b. only occur Monday - Saturday between the hours of 7 am and 6 pm inclusive

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Post Excavation and Rehabilitation

20 Excavation shall cease at least three months prior to the expiry date of this resource consent and the site shall then be restored to a state consistent with the natural character of the site prior to any works occurring.

Tangata Whenua

21 In the event of any discovery of archaeological material:

a. the consent holder shall immediately: i. Cease earthmoving operations in the affected area and mark off the affected area; and ii. Advise the Canterbury Regional Council of the disturbance; and iii.Advise Heritage New Zealand Pouhere Taonga of the disturbance. b. If the archaeological material is determined to be Koiwi Tangata (human bones) or taonga (treasured artefacts) by Heritage New Zealand Pouhere Taonga, the consent holder shall immediately advise the office of the appropriate runanga (office contact information can be obtained from the Canterbury Regional Council) of the discovery. c. If the archaeological material is determined to be Koiwi Tangata (human bones) by Heritage New Zealand Pouhere Taonga, the consent holder shall immediately advise the New Zealand Police of the disturbance. d. Work may recommence if Heritage New Zealand Pouhere Taonga Trust (following consultation with runanga if the site is of Maori origin) provides a statement in writing to the Canterbury Regional Council, Attention: RMA Compliance and Enforcement Manager that appropriate action has been undertaken in relation to the archaeological material discovered. The Canterbury Regional Council shall advise the consent holder on written receipt from Heritage New Zealand Pouhere Taonga that work can recommence.

Advice Note:

This may be in addition to any agreements that are in place between the consent holder and the Papatipu Runanga. (Cultural Site Accidental Discovery Protocol).

Advice Note:

Under the Heritage New Zealand Pouhere Taonga Act 2014 an archaeological site is defined as any place associated with pre-1900 human activity, where there is material evidence relating to the history of New Zealand. For sites solely of Maori origin, this evidence may be in the form of accumulations of shell, bone, charcoal, burnt stones, etc. In later sites, artefacts such as bottles or broken glass, ceramics, metals, etc, may be found or evidence of old foundations, wells, drains, tailings, races or other structures. Human remains/koiwi may date to any historic period.

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It is unlawful for any person to destroy, damage, or modify the whole or any part of an archaeological site without the prior authority of Heritage New Zealand Pouhere Taonga. This is the case regardless of the legal status of the land on which the site is located, whether the activity is permitted under the District or Regional Plan or whether a resource or building consent has been granted. The Heritage New Zealand Pouhere Taonga Act 2014 provides for substantial penalties for unauthorised damage or destruction

Administration

22 All vehicles and machinery operating in the bed of the river shall be clearly identified with the name or Logo of the operator of the vehicle, to ensure that the name is able to be read at a distance of five metres

23 The volume of gravel removed from the riverbed shall be measured by the loader operator and recorded in a logbook. The logbook shall detail any calculations used to determine the volume and record the name of the operator, date, time and identification details of trucks used to remove the gravel out of the riverbed. A copy of the logbook entries shall be made available to the Canterbury Regional Council on request. A "Gravel Excavation Return" form, for completion at the end of each quarter, shall be submitted to The Canterbury Regional Council, Attention: RMA Compliance and Enforcement Manager, by the 20th of January, April, July and October each year.

24 Advisory Note: Landowner Authorisation.

In addition to this consent, the consent holder is required to obtain permission from the landowner(s) in order to secure access to and/or undertake works in the river bed unless the land is owned by the consent holder. If the land belongs to the Crown, or the identity of the land owner is unknown, please contact Land Information New Zealand Limited (LINZ). LINZ can be contacted on phone number (04) 460 0110 or on Freephone 0800 665 463.

25 Advisory Note: Discharge of Dust to Air.

In addition to this consent, the consent holder will also need to ensure that the activity complies with Rule AQL42A (Handling of bulk materials as part of a quarry or mining activity not permitted by Rule AQL42 – permitted), of Chapter 3 of the Natural Resources Regional Plan. If the activity does not comply with Rule AQL42A an additional consent to discharge dust to air will be required pursuant to section 15 of the Resource Management Act 1991

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26 Appendix A - list of bird species referred to in bird nesting conditions (5) & (15) Pied oystercatcher Black stilt Pied stilt Wrybill Banded dotterel Black-fronted dotterel Blue duck Paradise shelduck Grey duck NZ shoveler Grey teal NZ scaup Black-billed gull Red-billed gull Caspian tern White-fronted tern Black-fronted tern White-winged Black tern Australasian bittern Marsh crake Spotless crake Cormorant/shag colonies Royal spoonbill Crested grebe

Issued at Christchurch on 19 August 2014

Canterbury Regional Council

Information has been derived from various sourc es, including E nvironment Canterbury Regional Council’s databases. Boundar y information is CRC150986 - PLAN derived under licence from LINZ Digital Cadastral Database ( Crown Copyright Reser ved). Envir onm ent Canterbury Regional Council does not 0 0.04 0.08 0.12 0.16 give and expr essly disclaim any war ranty as to the accuracy or completeness of the inform ation or its fitness for any purpose. Kilome tres Scale: 1:4,000 @A4 Information from this web site may not be used for the purposes of any legal disputes. The user should independently verify the accurac y of any inform ation before taking any action in reliance upon it. ´ Map Created by Environment Canterbury on