BERORE THE ENVIRONMENTAL PROTECTION AUTHORITY AT WELLINGTON
IN THE MATTER of the Exclusive Economic Zone and Continental Shelf (Environmental Effects Act) 2012 AND
IN THE MATTER of a Decision-Making Committee appointed to hear a marine consent application by Trans-Tasman Resources to undertake iron ore extraction and processing operations offshore in the South Taranaki Bight
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EVIDENCE OF MARIA CECILIA CASHMORE 24 JANUARY 2017
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Te Rūnanga o Ngāti Ruanui Trust 74 Princes Street, Hawera PO BOX 594 HAWERA
Phone: 06 278 0148
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Qualifications and Experience
1. My name is Maria Cecilia Cashmore. I am the Environmental Advisor of Te Runanga o Ngati Ruanui Trust (Ngati Ruanui). My role involves conducting research and providing technical and environmental advice to Ngati Ruanui.
2. I am currently studying (distant learning through Massey University) to complete my Master’s degree in Resource and Environmental Planning. I hold a Bachelor’s degree in Medical Laboratory Technology and Doctor of Medicine (overseas qualification).
3. I have a total of 11 years’ experience working as a Planner for the South Taranaki District Council and currently, as an Environmental Advisor. My experience revolves around environmental assessment and management, review and application of environmentally and culturally associated legislations such as the Resource Management Act 1991, Treaty of Waitangi, Conservation Act 1987, Marine and Coastal Area (Takutai Moana) Act 2011, to name a few.
4. I have assessed several resource consents and undertaken compliance monitoring of consent conditions, and in particular to this case (relatively similar in concept), land based mineral (quarries), oil and gas extractions; and activities within the coastal protection and coastal marine areas. My experience also includes reviewing legislations, policies, regional and district plans, environmental management plans, strategies and bylaws. I have a total of five years’ experience working for the Food, Poultry and Dairy Laboratories in New Zealand and as a Medical Laboratory Technician and General Practitioner overseas.
Scope of Evidence
5. After reviewing the application and reading several published and unpublished journals/articles written by reputable institutions and scholars, I consider that there are uncertainties associated with the proposed iron sand mining. The uncertainties relate to the existing environment, sampling and laboratory testing, flocculation, resuspension of flocs, sediment dispersal model, reinstatement, seabed stability, cumulative effects, social acceptance, to name a few.
6. The aim of my evidence is to provide the best available information that will assist the Decision-Making Committee to reach a decision. The scope of my evidence is discussed under the following headings: State of the Existing Marine Environment Outstanding Areas and Substrate Types Sediment Sampling Laboratory testing Fragmentation of Flocs Benthic Macrofauna Long-finned Eels Morphodynamics of the Seabed Iron as an Essential Nutrient Reinstatement Cultural Values Social Acceptance Cumulative Effects Sustainability
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Precautionary Principle Response to Trans-Tasman Resource Limited’s (the applicant) evidence
State of the existing marine environment
7. The application mentions that the proposed mining site typically consists of sand waves and worm communities. According to the following studies, there are existing and potentially significant habitats and aquatic life within the proposed mining site and beyond.
Biogenic Habitat
8. A number of studies demonstrated the values of ‘on the ground’ information built-upon over many years known as Local Ecological Knowledge (LEK): improved understanding of local fish stock structure and migration (Neis et al., 1996 & Murray et al., 2008); perception of environmental and population change (Sáenz-Arroyo et al., 2005; Rochet et al., 2008; Parsons et al., 2009; Taylor et al., 2011; Morrison et al., 2014 & Thurstan et al., 2016); mapping resource use by fishers including their ‘home patches’ (Martin, 2008 & Hall et al., 2009); and broad scale habitats and ‘seascapes’ mapping for better marine spatial planning (Pederson & Hall-Arber, 1999; Bax & Williams, 2001; Bergmann et al., 2004; Gass & Willison, 2005 & Williams & Bax, 2006).
9. A number of scholars have recognised the LEK and studies on fishers’ knowledge has been used within NZ in a number of contexts: to document the development of the trawl fishery and Wairoa Hard closure in Hawke’s Bay (Tai Perspectives, 1996); to map the activity of the Bluff oyster fishery (Hall et al., 2009); to examine the recreational exploitation history of snapper (Parsons et al., 2009) and to assess fisheries and environmental change in the Kaipara Harbour (Morrison et al., 2014).
10. Key studies using LEK characterise some potential biogenic habitat (327) on the continental shelf (about 5–250 m water depth) including bryozoans in the South Taranaki Bight (Gillespie & Nelson, 1996). According to Morrison et al. (2009 & 2014), these habitats are highly vulnerable to sediment discharge and dispersal.
11. Jones, Morrison, Davey, Hartill, and Sutton (2016) interviewed fifty trawl fishers around New Zealand (NZ) to record detailed knowledge of their fishing grounds. In the South Taranaki Bight (STB) including the Kapiti Island, interviewed fishers described a wide range of habitats dominated by descriptions of hard, white / cream coloured and “lumpy” corals (likely to include bryozoans), large sponges, and live and dead dog cockles found across large areas of the inner shelf. Further south, horse mussel beds and areas of kelp forest were also outlined. Several fishers talked about “sponge weed” described as orange or brown in colour. Figure 1 shows a map which marks 39 LEK areas along with nine unmarked observations (mentioned verbally only) by 14 fishers in the South Taranaki Bight.
12. Based on Figure 1, the proposed mining site (yellow box) would include a large area of shell hash (10, 12), dog cockles (13), some patches of hard ground (11), corals (3, 5) and bryozoans (16). According to interviewed fishers, the trawl net could pick up very large (up to 0.6 metres across) grey/brown sponges called “plumb duffs” which had a lot of “growth” on them.
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Figure 1: Map showing the South Taranaki Bight and Kapiti Island Map and 39 Habitat Areas (red). Some key sites are circled and labelled as black text on white background. The approximate location of the proposed mining site (yellow box). Source: New Zealand Aquatic Environment and Biodiversity Report No. 174 (2016).
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Calcareous tube worm thickets or mounds
13. The best described mounds are built by Galeolaria hystrix, endemic to southern Australia and NZ (Day and Hutchings, 1979), and this species will serve as an example for calcareous tube worm mounds generally. In NZ, the range of endemic Galeolaria hystrix extends from the Taranaki Coast down to Stewart Island (Morton, & Miller, 1973; Hare, 1992; Smith et al., 2005 & Davidson et al., 2010). Based on the above literature, there is potential that Galeolaria hystrix could be found within the proposed mining area and surrounds.
Worm Fields and Bryozoans
14. According to a survey carried out in the Patea Shoals/Rolling Grounds region by Beaumont et al. (2013), worm fields characterized by patches of high density sabellid tubeworms (Euchone specie) were found in the northern mid-shelf and deeper areas. These worm fields were associated with characteristic orange Catenicellid bryozoan (possibly known to fishers as “sponge weed”). In deeper areas (more than 45 m), live dog cockle beds and dead shell rubble were found, with bryozoans (along with sponges, ascidians and other sessile invertebrates) colonizing the shell rubble below 60 metres. These descriptions broadly match the fishers’ descriptions of the habitats referred to Jones, Morrison, Davey, Hartill, and Sutton (2016) study, particularly if what fishers described as coral could also include bryozoans.
15. In their assessment of bryozoan biodiversity in NZ, Rowden et al. (2004) highlighted the Taranaki region as an area with a wide range of biodiversity values from high to low. Surveys in the Kupe South development area, to the west of Wanganui found inshore subtidal reefs, boulder and cobbled habitat supporting encrusting and turfing algae, bryozoan and sponge communities (Haggitt et al. 2004). Further offshore, extensive areas of low-relief hard reef, and exposed mudstone, with encrusting red algae, turfing red and brown algae and sponges was recorded (McComb et al. 2005).
Outstanding Areas and Substrate Types
16. The proposed mining activity could impact on most of the existing and potentially (further investigation is required) ‘sensitive’ and outstanding areas mentioned under this section. These areas considered of high value are in close proximity to the proposed mining site and therefore warrants protection.
17. The Taranaki Regional Council (TRC) has a list of 66 ‘sensitive’ sites along the Taranaki coastline. Cawthron Institute (Cawthron) has been commissioned by the TRC to identify any known substrates and benthic habitats that should be protected. According to Cawthron (2016)1, further investigation into the applicant’s 2013 data and its comparison to Schedule 6 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects— Permitted Activities) Regulations 20132 and MacDiarmid et al. (2013) study, is required to make firm conclusion about potential sensitive environments. Cawthron (2016) noted that the maps associated with Beaumont et al. (2009) meta-analysis of environmental values suggests that there is more habitat to discover in the Taranaki Coastal Marine Area.
1https://www.trc.govt.nz/assets/Documents/Plans-policies/CoastalPlanReview/BufferDistances.PDF 2http://www.legislation.govt.nz/regulation/public/2013/0283/latest/DLM5270660.html
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18. The North and South Traps which are habitats of regional marine importance with two large adjoining reef systems and large seaweed (Ecklonia) forests (Marine Oil Spill Contingency Plan (MOSCP), 2012, & Land Information New Zealand (LINZ), 2007). The traps are identified as sensitive habitats in the TRC’s MOSCP3. Other than the Patea Shoals and the North and South Traps, the LINZ marine charts 2007 specifically identified Graham Bank as distinctive habitat.
19. Freeman, Marshall, Ahyong, Wing, and Hitchmough (2010) and Beaumont et al (2013) identified the Patea Shoals as being of regional importance. The Patea Shoals/Rolling Ground area has more diverse results with new species of bryozoan, sponge, annelids and algae, new regional records for many groups and naturally uncommon mollusc genera being identified (Freeman et al., 2010). The bivalve beds, bryozoan rubble, and potentially some other habitat indicators i.e. brachiopods, algae, sponges; could well fit the description of sensitive habitats4.
20. Findings from Cawthron’s offshore monitoring reports (2011 to present) suggest that there are latitudinal differences in the benthic communities (increasing diversity and abundances to the south). This means that homogeneity of the entire offshore area must not be assumed (Cawthron 2013-2015, unpublished data)5.
21. The LEK studies conducted by Jones et al. (2016) in the North and South Traps and Graham Bank marked a variety of habitats where large sponges are found, sometimes in great abundance (referred to as 14 & 15 on Figure 1). A current fisher noted that droppers were used on the net to avoid picking them up. Further south, another area was described as sand hills with grey or cream coloured finger sponges (“like trees”) being picked up (referred to as 21 in Figure 1). Overlapping areas of reef, shell hash, scallop beds, “sponge weed” and “lacey corals” were also noted. The LEK studies matches Cawthron’s (2016) studies.
22. In a report on the South Taranaki-Whanganui marine area, Rush (2006) reviewed published information and gathered knowledge from the community (through workshops, interviews and mailed questionnaires to boat and dive clubs). The report describes offshore reefs of “rubble strewn platforms…supporting corals, sponges and bryozoans” and the North and South Traps are noted by divers as important features supporting stands of Ecklonia, corals and increasing numbers of unidentified tropical fish.
23. The Wanganui Conservancy Management Strategy (1997 - 2007)6 describes some relevant offshore habitat features in the region, which, whilst not based on known quantitative surveys, match the LEK survey.
3TRC Oil Spill Contingency Plan for Sensitive Coastal Environments. Annex 4: Issue 2 August 2012 Document 1099113. 167p. 4Bryozoan thickets exists if a specimen of a large frame-building bryozoan species is found in a sample collected using towed gear. A bed of large bivalve molluscs exists if living and dead specimens comprise 30% or more weight or volume of the catch in a sample collected using towed gear. 5 refer to page 13, paragraph 5 of https://www.trc.govt.nz/assets/Documents/Planspolicies/CoastalPlanReview/BufferDistances.PDF 6 The Wanganui Conservancy Management Strategy (1997 - 2007): http://www.doc.govt.nz/Documents/about- doc/role/policies-and-plans/cms/wanganui-cms-1997-2007.pdf
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24. Based on the outcome of studies and literatures made by scholars, the best available information suggests that there is yet more to discover within the proposed mining site and surrounds. The LEK survey which shows the potential existence of corals, bryozoans, calcareous tube worm thickets, Chaetopteridae worm fields and others should be further investigated and assessed in accordance to Schedule 6 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013.
Sediment Sampling
Collection Areas
25. The proposed mining site would extract a total area of 65.76 square kilometres of the seabed. Out of 65.76 square kilometres, ten locations (according to paragraph 28 of geotechnical evidence by Matthew Brown) or 16 locations (according to Figure 3 of Michael Dearnley’s evidence) were sampled to determine the particle size of the sediments. I note the inconsistencies presented in the applicant’s evidence.
26. In my view, given the vast area of the proposed mining site, the number of collection points (most areas are relatively close to each other) are not sufficient to give adequate representation of sediments within the proposed mining site. The sediment’s particle size is critical in determining the behaviour of the sediment plume and its effects. Therefore, there should be greater level of accuracy and sensitivity in determining this. Moreover, the collection points should be equally spaced apart within the entire site. The samples should be collected by a Suitably Qualified Person (SQP) and properly stored and transported in accordance with applicable laboratory test requirements and collection methodology.
27. I note that the sediment modelling and optical test tested three samples while rigorous sampling from 121 drill holes were used to identify the amount of titanomagnetite iron sand (page 13, second paragraph of section 2.1 of the impact assessment) within the proposed mining site.
28. The collection areas were selected by the applicant and sediment samples for the sediment plume and optical tests were also collected by the applicant. This gives rise to “bias” claims and uncertainties on the accuracy and fairness of test results. In my opinion, to avoid “bias”, the selection and collection of sediment samples should be undertaken by an independent SQP (not contracted by the applicant).
Sediment Sampling
29. In assessing sediment characteristic, behaviour and associated discharge effects, Quality Assurance (QA)/Quality Control (QC) and technical guidance, procedures or protocol on sediment sampling should be provided. The importance of this is mentioned in Cawthron media publication (2014)7 and international agencies such as the United States Environmental Protection Agency (1995a & 2014b) and the State of Ohio Environmental Protection Agency (2001). These agencies have implemented a QA/QC guidance for sampling and analysis of sediments.
7 Refer to http://www.cawthron.org.nz/media_new/publications/pdf/2014_01/SAM_FINAL_LOW.pdf
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30. In my opinion, compliance with QA/QC laboratory sampling procedures is fundamental to meeting and delivering sufficient, accurate and of known and documented quality of laboratory testing. These are also fundamental to evaluating technical adequacy of sample location including depth, sampling dates, equipment and methodologies used, handling, storage and transport. Thereby, providing test reliability, validity, legal defensibility and basis for good decision-making.
31. According to Chapter 13: Sediment Measurements by E. Ongley 8, the methods and equipment used for sampling suspended sediment are different from those used for deposited sediments. Furthermore, sampling methods for measurements of the quantity of sediment in transport are different than for measurement of sediment quality. The reason for these differences reflects the fact that sediment quantity must include the sand-size fractions which are unequally distributed in depth, whereas sediment quality focuses on the silt + clay fraction which is not depth-dependent.
Laboratory Testing
Effects of Sample Size and Number of Replicate Samples
32. According to Clapcott, Young, Harding, Matthaei, Quinn, and Death (2011), the number of replicate samples required for a sampling programme should meet a satisfactory statistical power of 0.8 (80% chance of detecting a reproducible effect of a certain size for a given number of replicates and the variability among those replicates). The statistical power is maximised when there are a large number of replicate measurements, low variability among replicate measurements, and there is a large effect.
33. Figure 1 shows the outcome of the trial which confirms the relationship of sample size and statistical power. For example, three to four replicate measurements of suspendible sediment are required to have satisfactory statistical power of 0.8 to detect a 500 g/m2 change in suspendible sediment; six replicate measurements are required to detect a change of 400 g/m2. The proposed protocol for suspendible sediment assessment which involves six replicate measurements will enable satisfactory power to detect a change in suspendible inorganic sediment (SIS) of 400 g/m2. Table 1 shows a similar analysis for other tests which involve replicate measures at a particular site.
34. In our submission, we noted that only one out of the three sediment samples were tested for the sediment plume modelling. In my view, based on the literature presented (including the absence of testing replicate samples) there are uncertainties with the overall accuracy of the laboratory test results.
8 http://www.who.int/water_sanitation_health/resourcesquality/wqmchap13.pdf
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Figure 1. Graft showing the effect of sample size and the desired effect size on statistical power of comparisons of suspendible inorganic sediment (SIS) measurements. Source: Sediment Assessment Methods (2011).
Table 1: Summary of the number of replicates required for sediment protocols to confidently (power = 0.8) detect a range of effects sizes. Source: Sediment Assessment Methods (2011).
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Sediments tested contain titanomagnetite iron (ferric and ferrous oxide)
35. Sediments with intac