Environmental Assessment Cumnock Wash Plant Mining And

Cumnock No. 1 Colliery Pty Limited

Environmental Assessment

Cumnock Wash Plant Mining and Rehabilitation Project

December 2008

Environmental Assessment

Cumnock Wash Plant Mining and Rehabilitation Project

Prepared by

Umwelt (Australia) Pty Limited

on behalf of

Cumnock No. 1 Colliery Pty Limited

Project Director: John Merrell

Project Manager: Camille Boxall

Report No. 2185/R03/Final Date: December 2008

2/20 The Boulevarde PO Box 838 Toronto NSW 2283

Ph: 02 4950 5322 Fax: 02 4950 5737 Email: [email protected] Website: www.umwelt.com.au

Cumnock Wash Plant Mining and Rehabilitation Project EA Executive Summary

Executive Summary

Cumnock No.1 Colliery Pty Limited (Cumnock) operates open cut and underground coal mines located between Singleton and Muswellbrook in the Hunter Valley of New South Wales (NSW). Cumnock is a wholly owned subsidiary of Xstrata Coal (Xstrata).

Mining at Cumnock has been ongoing since the 1950s, with the current operations expected to exhaust economic coal reserves by the end of 2008. Closure and decommissioning of the mining operation will commence in early 2009, with the first stage of closure involving the removal of the Cumnock Coal Handling Preparation Plant (CHPP) and rehabilitation of the CHPP site. A small coal reserve has been identified beneath the CHPP site. Cumnock propose to recover this coal reserve as part of the CHPP site rehabilitation process. The mining of the proposed Wash Plant Pit gives Cumnock a unique opportunity to economically access a coal reserve and remediate and rehabilitate the site during the mining process.

The proposed Wash Plant Pit will involve mining operations for an approximate one year period, resulting in production of approximately 1 million tonnes (Mt) of run-of-mine (ROM) coal. The proposed Cumnock Wash Plant Mining and Rehabilitation Project (the Project) will also involve ongoing emplacement of tailings and coarse reject in the existing Cumnock South Open Cut mining voids. Use of these voids for tailings and coarse reject emplacement will provide for an improved final landform at the Cumnock site and through successful rehabilitation achieve a long term sustainable outcome for the site.

The key components of the Project will include:

• mining of the Wash Plant Pit;

• construction and use of temporary mining facilities including a workshop facility, administration facility, stores area, mobile crusher and coal stockpiling;

• continuing use of existing Cumnock mining facilities and infrastructure;

• coal haulage to the Ravensworth Underground Mine CHPP and Ravensworth Coal Terminal rail facility via existing approved haulage routes;

• rehabilitation of the Wash Plant Pit to an interim void to be potentially used initially as water storage and subsequently for tailings and coarse reject emplacement;

• continued use of the Greater Ravensworth Water Sharing System;

• continuing use of the Cumnock South Open Cut voids for emplacement of tailings and coarse reject, with this material to come from Ravensworth Underground Mine and other surrounding Xstrata mining operations;

• continuing use of existing approved road haulage routes to transport coarse reject from Ravensworth Underground Mine to the Cumnock South Open Cut voids; and

• rehabilitation of the Cumnock mine site including establishing approximately 135 hectares of native woodland vegetation as part of revegetation works.

Approval for the Project is sought via a modification to Cumnock’s existing 2001 development consent (DA 123-05-01) under Section 75W of the Environmental Planning and Assessment Act 1994 (EP&A Act). The NSW Minister for Planning is responsible for approving the Project.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1 Cumnock Wash Plant Mining and Rehabilitation Project EA Executive Summary

A detailed environmental and social impact assessment has been completed for the Project, as documented in this Environmental Assessment (EA). Table 1 provides a brief overview of the key outcomes of the environmental and social impact assessment.

Table 1 - Overview of Environmental and Social Impacts

Environmental/Social Overview of Key Outcomes Issue (After proposed Management and Mitigation) Air Quality • The Project will make minimal contribution to local dust levels and is predicted to comply with all relevant air quality criteria. Noise • The Project will comply with noise criteria at all residential locations. Soil and Water • The Project will make minimal changes to the existing mine water management system. • The Project is not predicted to result in significant impacts on surface water or groundwater. Transport • Existing haulage routes will be used, with all haulage movements to be within the currently approved volume. • The pavement of Liddell Station Road will be upgraded in consultation with Council. Rehabilitation and • The rehabilitation of the site will provide for a significantly improved Closure final landform. • The rehabilitation program will include establishment of approximately 135 hectares of woodland vegetation providing significant vegetation corridor linkages. Ecology • Minimal vegetation clearing required. • The Project will not have a significant impact on listed threatened species, populations and EECs. Aboriginal and Historic • No impact on Aboriginal sites or historical archaeological sites. Heritage

Visual • The Project is unlikely to significantly impact on existing visual amenity during mining operations. • The rehabilitation of the site will provide for improved visual amenity in the medium to long-term. Greenhouse Gas and • The Project will make a small contribution to global greenhouse gas Energy emissions. • Opportunities for improving energy efficiency will be pursued during the life of the Project. Socio-economic • The Project will provide employment for approximately 50 people Assessment during the mining of the Wash Plant Pit. • Employment associated with the Project is not predicted to impact on the availability of housing, accommodation, public services or infrastructure. • The Project will provide input into the local, regional and State economies through capital expenditure (estimated at approximately $1.95M), employment and payment of royalties and taxes.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 2 Cumnock Wash Plant Mining and Rehabilitation Project EA Executive Summary

The potential environmental and social impacts of the Project have been kept to a minimum through:

• obtaining a detailed understanding of the issues and potential impacts by scientific evaluation;

• close consideration of environmental and community factors as part of an iterative design process to avoid or minimise impacts;

• development of proactive and appropriate strategies to avoid, minimise and mitigate or manage environmental and social impacts; and

• a thorough Statement of Commitments which details the measures that Cumnock will implement as part of the Project to minimise the potential environmental and social impacts of the Project.

The mining of the proposed Wash Plant Pit will allow Cumnock to address residual environmental impacts resulting from the CHPP operations and past mining activities at the site extending back to the 1950s. The Project, through ongoing emplacement of tailings and reject in the existing Cumnock South Open Cut voids, will also provide for an improved final landform at the Cumnock site. Through implementation of this Project, Cumnock will achieve effective closure and rehabilitation of the site, providing a long term sustainable outcome post mining.

In addition to providing for effective site rehabilitation, the Project will result in the recovery of a small, but valuable coal resource, providing input into the economy of NSW through capital expenditure (estimated at approximately $1.95M), employment and payment of royalties and taxes. The Project will provide for employment of approximately 50 people during the mining of the proposed Wash Plant Pit over an approximate one year period.

Cumnock manages its operations in an environmentally responsible manner through the implementation of its EMS. This approach will continue to be implemented for the current Project, with the environmental management controls proposed to be implemented as part of the Project detailed in this EA, including a detailed Statement of Commitments.

This EA comprehensively addresses the potential environmental impacts associated with the Project. The EA concludes that the Project can be undertaken without significantly impacting on the environment or community and will also provide improved biodiversity outcomes in the medium to long-term through provision of native vegetation corridors as an outcome of the rehabilitation process.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3 Cumnock Wash Plant Mining and Rehabilitation Project EA Table of Contents

TABLE OF CONTENTS

1.0 Introduction ...... 1.1 1.1 Project Background ...... 1.1 1.2 Overview of the Project...... 1.1 1.3 Overview of the Existing Environment ...... 1.1 1.3.1 Project Area and Surrounding Land Use...... 1.1 1.3.2 Property Description and Land Ownership...... 1.1 1.3.3 Overview of Environmental Features ...... 1.1 1.3.4 Existing Cumnock Environmental Management System ...... 1.1 1.4 Overview of the Planning and Approval Process...... 1.1 1.4.1 Cumnock Approval History...... 1.1 1.4.2 Approval Process ...... 1.1 1.5 Project Team...... 1.1 1.6 EA Structure ...... 1.1

2.0 Stakeholder Consultation and Issues ...... 2.1 2.1 Stakeholder Consultation ...... 2.1 2.1.1 Authority Consultation ...... 2.1 2.1.2 Community Consultation ...... 2.1 2.1.3 Other Stakeholder Consultation ...... 2.1 2.2 Issues Raised by Stakeholders...... 2.1 2.2.1 Director-General’s Requirements for the EA...... 2.1

3.0 Existing Operations and Description of Proposed Modification ...... 3.1 3.1 Overview of Existing Operations ...... 3.1 3.2 Overview of Proposed Modification...... 3.1 3.3 Target Resource ...... 3.1 3.4 Concept Mine Plan ...... 3.1 3.4.1 Mining Method ...... 3.1 3.5 Coal Handling and Transportation...... 3.1 3.6 Mine Infrastructure...... 3.1 3.7 Tailings and Coarse Reject Handling ...... 3.1 3.8 Rehabilitation...... 3.1 3.9 Workforce and Hours of Operation...... 3.1 3.10 Justification for the Proposed Modification...... 3.1

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 i Cumnock Wash Plant Mining and Rehabilitation Project EA Table of Contents

4.0 Planning Context...... 4.1 4.1 Commonwealth Legislation...... 4.1 4.2 NSW Legislation ...... 4.1 4.2.1 Environmental Planning and Assessment Act 1979 ...... 4.1 4.2.2 Other State Legislation...... 4.1 4.2.3 State Environmental Planning Policies...... 4.1 4.2.4 Hunter Regional Environmental Plan ...... 4.1

5.0 Environmental Assessment ...... 5.1 5.1 Environmental Risk Analysis ...... 5.1 5.1.1 Identification of Key Environmental Assessment Issues...... 5.1 5.2 Air Quality ...... 5.1 5.2.1 Air Quality Criteria ...... 5.1 5.2.2 Existing Air Quality ...... 5.1 5.2.3 Assessment Methodology ...... 5.1 5.2.4 Air Quality Impacts ...... 5.1 5.2.5 Air Quality Management...... 5.1 5.3 Noise and Blasting ...... 5.1 5.3.1 Noise Assessment...... 5.1 5.3.2 Blasting Assessment ...... 5.1 5.4 Soil and Water Assessment ...... 5.1 5.4.1 Soils...... 5.1 5.4.2 Water Resources Assessment ...... 5.1 5.5 Transport...... 5.1 5.5.1 Site Access and Existing Road Network ...... 5.1 5.5.2 Coal and Coarse Reject Haulage...... 5.1 5.5.3 Rehabilitation Haulage ...... 5.1 5.6 Mine Closure and Rehabilitation Strategy...... 5.1 5.6.1 Xstrata Coal NSW Mine Closure Planning Process...... 5.1 5.6.2 Rehabilitation Strategy ...... 5.1 5.7 Other Environmental Assessment Issues...... 5.1 5.7.1 Ecology...... 5.1 5.7.2 Aboriginal and Historical Heritage ...... 5.1 5.7.3 Visual Impacts ...... 5.1 5.7.4 Greenhouse Gas and Energy...... 5.1 5.7.5 Socio-Economic Assessment...... 5.1

6.0 Draft Statement of Commitments ...... 6.1 6.1 Compliance with the EA...... 6.1

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 ii Cumnock Wash Plant Mining and Rehabilitation Project EA Table of Contents

6.2 Production, Concept Mine Plan and Haulage ...... 6.1 6.3 Air Quality ...... 6.1 6.4 Noise...... 6.1 6.5 Blasting ...... 6.1 6.6 Water Resources ...... 6.1 6.7 Traffic and Transport ...... 6.1 6.8 Closure and Rehabilitation ...... 6.1 6.9 Ecology ...... 6.1 6.10 Heritage ...... 6.1 6.11 Visual...... 6.1 6.12 Greenhouse Gas Emissions...... 6.1 6.13 Community...... 6.1 6.14 Environmental Management and Monitoring...... 6.1

7.0 Conclusion and Ecologically Sustainable Development...... 7.1 7.1 Overview of Environmental Impacts...... 7.1 7.2 Ecologically Sustainable Development ...... 7.1 7.2.1 The Precautionary Principle ...... 7.1 7.2.2 Intergenerational Equity...... 7.1 7.2.3 Conservation of Biological Diversity ...... 7.1 7.2.4 Valuation and Pricing of Resources ...... 7.1 7.3 Conclusion...... 7.1

8.0 References ...... 8.1

9.0 Abbreviations and Glossary...... 9.1 9.1 Abbreviations ...... 9.1 9.2 Glossary ...... 9.1

FIGURES

1.1 Locality Plan...... 1.1

1.2 Project Area and Proposed Wash Plant Pit ...... 1.1

1.3 Proposed Wash Plant Pit Site...... 1.2

1.4 Surrounding Operations ...... 1.3

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 iii Cumnock Wash Plant Mining and Rehabilitation Project EA Table of Contents

1.5 Sensitive Receptors North of Project Area...... 1.3

1.6 Sensitive Receptors South of Project Area ...... 1.3

1.7 Land Ownership...... 1.4

1.8 Cumnock Mining Leases...... 1.4

3.1 Typical Stratigraphic Section...... 3.3

3.2 Mine Plan - Stage 1 ...... 3.4

3.3 Mine Plan - Stage 2 ...... 3.4

3.4 Mine Plan - Stage 3 ...... 3.4

3.5 Conceptual Interim Void ...... 3.4

3.6 Wash Plant Pit Conceptual Final Landform...... 3.4

3.7 Interaction of Proposed Wash Plant Pit and Former Underground Workings ...... 3.5

3.8 Tailings and Reject Emplacement ...... 3.7

5.1 Air Quality Monitoring Sites...... 5.3

5.2 Noise Contours -Adverse Conditions Temperature Inversion and Drainage ...... 5.9

5.3 Surface Water Hydrology ...... 5.14

5.4 Greater Ravensworth Water Sharing System...... 5.16

5.5 Wash Plant Pit – Sediment and Erosion Controls...... 5.16

5.6 Public and Private Roads...... 5.20

5.7 Conceptual Final Landform and Corridor Linkages ...... 5.22

5.8 Vegetation Communities and Threatened Species Location...... 5.29

5.9 Visual Assessment Locations ...... 5.38

5.10 Areas visible from Residence 5...... 5.38

5.11 Visual Transect of Resident 5 and Lake Liddell Residence ...... 5.38

5.12 Areas Visible from Lake Liddell Recreation Reserve ...... 5.39

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 iv Cumnock Wash Plant Mining and Rehabilitation Project EA Table of Contents

APPENDICES

1 Statement of Authorship and Schedule of Lands

2 Director-Generals Requirements

3 Environmental Risk Analysis

4 Air Quality Assessment

5 Noise and Blasting Assessment

6 Water Resources Assessment

7 Ecological Assessment

8 Greenhouse Gas and Energy Assessment

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 v Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

1.0 Introduction

Cumnock No.1 Colliery Pty Limited (Cumnock) operates open cut and underground coal mines located between Singleton and Muswellbrook in the Hunter Valley of New South Wales (NSW) (refer Figure 1.1). Cumnock is a wholly owned subsidiary of Xstrata Coal (Xstrata).

A small coal reserve has been identified beneath the CHPP site. Cumnock propose to recover this coal reserve as part of the CHPP site rehabilitation process. The Cumnock CHPP is no longer required and will be decommissioned regardless of whether or not the coal reserves located beneath it are mined. The mining of the proposed Wash Plant Pit gives Cumnock a unique opportunity to economically access a coal reserve and remediate and rehabilitate the site during the mining process. The mining of the proposed Wash Plant Pit will allow Cumnock to address residual environmental impacts resulting from the CHPP operations and past mining activities at the site extending back to the 1950s.

The proposed Wash Plant Pit (refer to Figure 1.2) will involve mining operations over an approximate one year period, resulting in production of approximately 1 million tonnes (Mt) of run-of-mine (ROM) coal. The proposed Cumnock Wash Plant Mining and Rehabilitation Project (the Project) will also involve ongoing emplacement of tailings and reject in the existing Cumnock South Open Cut voids. Use of these voids for tailings and reject emplacement will provide for an improved final landform at the Cumnock site and through successful rehabilitation achieve a long term sustainable outcome for the site. The proposed rehabilitation includes establishment of approximately 135 hectares of woodland vegetation providing significant vegetation corridor linkages.

This Environmental Assessment (EA) has been prepared by Umwelt (Australia) Pty Limited (Umwelt) on behalf of Cumnock in accordance with the Director-General’s Requirements for the Project issued by the Department of Planning (DoP) (refer to Section 2.0). It includes a description of the Project, details of stakeholder consultation, a discussion of the planning and environmental context, provides a detailed environmental impact assessment, identifies the appropriate management and mitigation measures, and contains a statement of commitments that will be implemented by Cumnock as part of the Project.

1.1 Project Background

The Cumnock open cut and underground coal mine is the former Liddell State Coal Mine which was established in the early 1950s and was operated by the State Mines Control Authority. In 1973 control of the mine was given to the Electricity Commission of NSW. Cumnock purchased the mine from the Electricity Commission in 1991 and continued underground mining operations until September 2003. Operation of the open cut mine occurred between 1992 and 1999, and after a period of care and maintenance, recommenced in November 2002.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.1

Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

The underground operations at Cumnock mined three separate seams including the Lower Pikes Gully Seam (upper seam), the Liddell Seam (middle seam) and the Barrett Seam (basal seam). Workings within the Liddell Seam were completed in June 1993 and in the Barrett Seam in 1995 while underground mining operations in the Lower Pikes Gully Seam ceased in 2003 due to adverse geological conditions. Underground mining operations at Cumnock were originally planned to continue until approximately 2012-2015.

Decommissioning of the underground mine workings began in 2003. The underground workings within the Liddell Seam are currently used to store decanted water from Cumnock’s tailings dam and surplus water from Ravensworth Operations.

The open cut operations at Cumnock remain active and target the Lemington, Upper Pikes Gully and Lower Pikes Gully Seams. The open cut operations continue to utilise surface components of the former underground operations such as the CHPP, stores and reject emplacement areas.

The existing open cut operations (refer to Figure 1.3) comprise the following components:

• No. 1 Open Cut - This area is adjacent to the proposed Wash Plant Pit and was worked from March 1992 to July 1994. Cumnock subsequently used this void as a tailings and overburden emplacement area. This area is currently being filled with coarse reject and will be reshaped and capped.

• South Open Cut Stages 1 and 2 - These areas were operated from January 1994 to January 1999 within five seams. Currently, the Stage 2 area is being used for the emplacement of rejects and tailings from the Cumnock CHPP.

• South Open Cut Stage 3 - Extraction commenced in this area in 2003 and is expected to be completed by late 2008.

Cumnock typically supplies semi-soft coking coal blends and thermal coal to markets in south-east Asia and currently has approval to produce up to 4.5 Million tonnes per annum (Mtpa) ROM coal.

1.2 Overview of the Project

The Project involves mining of a small open cut pit over an approximate one year period, followed by rehabilitation of the area. The project will have an annual production rate of approximately 1 Mtpa of ROM coal. The initial rehabilitation works will result in an interim landform with a void area that will potentially be used initially as a water storage and subsequently for reject/tailings emplacement. Ultimately, the area will be rehabilitated to woodland/grassland (refer to Section 3.8).

As depicted on Figure 1.2, the Project Area is the land subject to Cumnock’s 2001 development consent which is proposed to be modified to permit the Project. The proposed Wash Plant Pit will be located in a small area in the north of the Project Area.

Cumnock will maximise the use of existing Cumnock and Xstrata infrastructure including the Ravensworth Underground (RUM) CHPP and Ravensworth Coal Terminal (RCT) rail loading facility. The key components of the Project will include:

• mining of the Wash Plant Pit;

• construction and use of temporary mining facilities including a workshop facility, administration facility, stores area, mobile crusher and ROM stockpiling;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.2

Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

• continuing use of existing Cumnock mining facilities and infrastructure;

• coal haulage to the RUM CHPP and RCT via existing approved haulage routes;

• rehabilitation of the Wash Plant Pit to an interim void to be potentially used initially as water storage and subsequently for tailings and reject emplacement area;

• continued use of the Greater Ravensworth Water Sharing System;

• continuing use of Cumnock South Open Cut voids for emplacement of tailings and coarse reject, with this material to come from RUM and other surrounding Xstrata mining operations; and

• continuing use of existing approved road haulage routes to transport coarse reject from RUM to the Cumnock South Open Cut voids.

Further details of the proposed Project are included in Section 3.0.

1.3 Overview of the Existing Environment

1.3.1 Project Area and Surrounding Land Use

The Project Area is situated in the Hunter Valley of NSW, approximately 6.5 kilometres to the north-west of the village of Ravensworth. Land use within the Project Area is dominated by mining activities. The southern portion of the Project Area consists of woodland vegetation which overlies Cumnock’s former underground mining area. The Project Area is dissected by transport infrastructure, most notably the New England Highway which bisects the site passing to the south of the proposed Wash Plant Pit (refer to Figure 1.2). The Wash Plant Pit site is bordered by the ‘M-series’ coal conveyor operated by Macquarie Generation to the south, Pikes Gully Road to the west, Liddell Station Road to the north and the Coal & Allied private haul road to the east (refer Figure 1.3).

Prior to the establishment of mining in the local area, the primary land use of the area was agriculture, with an emphasis on grazing. The land use of the surrounding area is now dominated by mining operations and power generation. The Project Area is approximately 3 kilometres east of Bayswater Power Station, approximately 3 kilometres south-east of Liddell Power Station and is approximately 1 kilometre south-east of Lake Liddell. A number of mining operations are located within the broader Ravensworth area, including the Ravensworth Complex, comprising Narama and Ravensworth West; the Mt Owen Complex, including the Mt Owen, Ravensworth East and Glendell Mines, RUM, Liddell Coal, Ashton Mine and Hunter Valley Operations (refer to Figure 1.4).

The closest village to the proposed Wash Plant Pit is Ravensworth which is located approximately 6.5 kilometres to the south-east (refer to Figure 1.5). Ravensworth Village contains no privately owned residences.

There are several private residences approximately 7 kilometres north of the proposed Wash Plant Pit (refer Figure 1.5). Although located approximately 11 kilometres from the proposed Wash Plant Pit, Camberwell Village is also relevant to the Project. Until recently, the nearest residential location to the south of Cumnock was the ‘Oaklands’ property for which noise limits are specified in Cumnock’s 2001 development consent. This property has since been acquired by Xstrata. The closest private residence to the south of the proposed Wash Plant Pit is now located at a distance of approximately 11 kilometres (refer Figure 1.6).

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.3

Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

Given the nature of the Project and the distance to these properties, it is considered that the risk of the Project having a significant environmental impact on these properties is low. However, the potential environmental impacts of the Project on the surrounding areas have been assessed in detail as part of this EA, with the findings provided in Section 5.0.

1.3.2 Property Description and Land Ownership

The Project Area is the area of land scheduled to Cumnock’s existing 2001 consent. Land ownership within the Project Area and surrounds is shown on Figure 1.7. As shown on Figure 1.7, all land within the Project Area is owned by mining companies except for some areas of road reserve. Xstrata owns the majority of land within the Project Area, with other land holders being Coal and Allied, Macquarie Generation and the RCT Joint Venture. Xstrata has recently purchased some of the land within the Project Area from Coal and Allied, involving some boundary adjustments. Figure 1.7 does not show these recent changes. There are no private landholders within the Project Area. The site of the proposed Wash Plant Pit is wholly owned by Cumnock (Xstrata) except for a small section of the road reserve of Liddell Station Road. Full details of land ownership within the Project Area are provided in the Schedule of Lands in Appendix 1.

The New England Highway which bisects the Project Area to the south of the proposed Wash Plant Pit (refer to Figure 1.7) is the major transport route through the area, connecting Singleton in the south-east to Muswellbrook in the north-west. Heavy freight such as product coal is transported via the Main Northern Railway (refer to Figure 1.7) which runs between the region and the Port of Newcastle, approximately 100 kilometres south-east of the Project Area.

Cumnock holds a number of mining leases (MLs) over the Project Area as indicated on Figure 1.8. The proposed Wash Plant Pit will mine the Liddell and Barrett seams and is contained within coal lease (CL) 378, CL 392, ML 1300 and A385 that are currently held by Cumnock. A385 applies to the surface and an application for a ML will be sought by Cumnock to permit mining of the Wash Plant Pit (refer to Section 4.0).

1.3.3 Overview of Environmental Features

The topography of the Project Area is generally characterised by gently sloping terrain, with some areas with slightly steeper changes in elevation. These areas are generally a result of previous mining activities. Open cut mining voids and overburden emplacement areas dominate the topography of the Cumnock South Open Cut area. The Project will impact on the existing topography through surface disturbances, however, the area is heavily degraded due to a long history of mining impacts, and the rehabilitation of the site will result in an improved landform.

Land within the Project Area is drained by Pikes Gully, Davis Creek and Emu Creek which are ephemeral tributaries of Bayswater Creek. Bayswater Creek flows in a southerly direction to its confluence with the Hunter River approximately 5 kilometres south-west of Ravensworth. The proposed Wash Plant Pit is in the catchment of Pikes Gully, however, only a small section of the Wash Plant Pit site is undisturbed by mining activities or site infrastructure. The disturbed areas are incorporated into the existing Cumnock site water management system.

The visual environment of the upper Hunter Valley is dominated by a combination of mining/industrial infrastructure and agricultural areas, with the valley floor fringed by more elevated areas covered by native vegetation. The industrial nature of the portion of the Hunter Valley in which Cumnock is located is highly apparent from the New England Highway, which is the primary transport corridor through the area. The Liddell and Bayswater

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.4

Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

Power Stations are dominant structures in the horizon of the area. Overburden emplacement areas, conveyors, mining infrastructure (including CHPPs and rail facilities) and high voltage power lines also contribute to the industrial character of the vicinity of the Project Area.

1.3.4 Existing Cumnock Environmental Management System

Cumnock has a comprehensive Environmental Management System (EMS) in place for its existing operations. The EMS complies with Xstrata’s Sustainable Development (SD) Framework which is aligned to and applies the principles of ISO14001, the international Standard for EMS, is designed to achieve Xstrata’s 17 Business Principles and SD Policy, and incorporates the NSW Minerals Councils Enduring Value sustainability framework and principles.

The EMS includes a number of Environmental Management Plans (EMPs) that have been prepared to assist in the management of key environmental issues including:

• Land Management Plan • Erosion & Sediment Control Plan • Flora & Fauna Management Plan • Bushfire Management Plan • Property Subsidence Management Plan • Site Water Management Plan • Waste Management Plan • Longwall Subsidence Management Plan • Dust Management Plan • Landscape Management Plan • Noise Management Plan • Lighting Management Plan • Archaeology & Cultural Heritage • Spontaneous Combustion Management Management Plan Plan

These plans have been prepared in accordance with development consent conditions and in consultation with relevant government agencies.

The EMS and relevant management plans will be updated where applicable as a component of this Project, and are further discussed in the relevant sections of the EA (refer to Sections 5.0 and 6.0). As part of the Project, Cumnock also proposes to streamline these plans such that they provide a more efficient and effective management tool (refer to Section 6.0).

The Cumnock EMS contains procedures which provide directions for the successful implementation of the EMS, including aspects such as monitoring, environmental and community risk assessment, incident reporting and training. Operational procedures and existing EMS procedures will be reviewed and updated as required, as part of the implementation of this project.

1.4 Overview of the Planning and Approval Process

This section contains an overview of the approvals history and planning context for the Project. A detailed discussion of the planning context for the Project is included in Section 4.0.

1.4.1 Cumnock Approval History

Several development consents apply to Cumnock’s operations. The current consents that apply to the Project Area are listed in Table 1.1. The development consent that Cumnock seeks to modify is its 2001 consent DA 123-05-01. Table 1.1 - Summary of Current Development Consents

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.5 Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

DA No. and DC approval Development included in Relevant Consent date application Document authority 169/96 1 July 1997 • Expansion of open cut mining EIS Dec Singleton operations and increase in 1996 Shire Council underground and open cut production rates: Increase in production from 1.5 Mtpa to a maximum of 3 Mtpa; Expansion of Cumnock South Open Cut mine Stage 3; Longwall mining in Lower Pikes Gully seam and underlying Barrett seam; and Use of existing site infrastructure for coal handling. 123-05-01 29 November • Extension to underground mine; EIS May DoP 2001 • Increase in production rate from 2000 3 Mtpa to 4.5 Mtpa; • Mine water discharge to Davis Ck up to 20 ML; • Change in sequencing of Stage 3 of the South Open Cut coal mine; and • Construction and operation of associated surface facilities.

1.4.2 Approval Process

Cumnock seeks a modification to its 2001 Cumnock development consent (DA 123-05-01) pursuant to Section 75W of the EP&A Act to undertake the Project. The Minister for Planning is responsible for the proposed modification and DoP has provided the Director- General’s Requirements (DGRs) for this EA (refer to Section 2.2).

If approval is granted under Section 75W of the EP&A Act, various approvals, licenses and permits will be required prior to the commencement of certain activities associated with the Project. These include:

• a ML under the Mining Act 1992 (which will include requirements to prepare Mining Operations Plans (MOPs));

• modification of Cumnock’s existing Environment Protection Licence (EPL) under the Protection of the Environment Operations Act 1997 (PoEO Act);

• approval under Section 15 of the Mine Subsidence Compensation Act 1961 for the construction of surface infrastructure within a mine subsidence district;

• approval under the Coal Mines Health and Safety Act 2002 for establishment of reject emplacement areas;

• possible need for approval under the Dams Safety Act 1978 for the establishment of tailings dams (should the Dams Safety Committee advise that the dams will be prescribed dams);

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.6 Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

• approval under Section 138 of the Roads Act 1993 to undertake works within road reserves and to close Crown Road reserves;

• approval under the Crown Lands Act 1989 for works within Crown road reserves where they have not been closed prior works commencing; and

• approval under Part 5 of the Water Act 1912 for the extraction of groundwater.

1.5 Project Team

Umwelt (Australia) Pty Limited (Umwelt) prepared this EA on behalf of Cumnock. Specialist studies conducted by Umwelt include:

• the noise and blasting assessment;

• the water resources assessment;

• the ecology assessment; and

• the greenhouse gas and energy assessment.

The air quality assessment was conducted by Environ Australia Pty Ltd. Full details of the project team are provided in Appendix 1.

1.6 EA Structure

The purpose of this EA is to enable the consideration of the environmental and social impacts associated with the Project. The EA has been prepared in accordance with the DGRs, EP&A Act and Regulations (refer to EA Statement of Authorship in Appendix 1). An overview of the layout of this EA is provided below.

The Executive Summary provides a brief overview of the Project, the major outcomes of the environmental assessment, and an outline of the key project commitments to mitigate potential impacts.

Section 1.0 provides the background and context for the Project, the approval process and the EA project team involved in producing the EA.

Section 2.0 describes the consultation process and the environmental and community issues identified as part of this process for detailed assessment in the EA.

Section 3.0 contains an overview of approved operations at Cumnock and provides a detailed description of the Project.

Section 4.0 describes the planning context for the Project, including the applicability of Commonwealth and State legislation.

Section 5.0 contains a description of the existing environment and a comprehensive analysis and assessment of the environmental impacts of the Project, including the project specific and cumulative impacts.

Section 6.0 details the draft Statement of Commitments proposed to be adopted as part of the Project to mitigate potential environment and community impacts.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.7 Cumnock Wash Plant Mining and Rehabilitation Project EA Introduction

Section 7.0 contains a discussion of how the Project meets the principles of ecologically sustainable development and provides a conclusion as required by the DGRs.

Section 8.0 and Section 9.0 provide a list of references referred to in the EA and a list of abbreviations and glossary of technical terms.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 1.8 Cumnock Wash Plant Mining and Rehabilitation Project EA Stakeholder Consultation & Issues

2.0 Stakeholder Consultation and Issues

The DGRs for the Project require consultation with relevant government authorities, service providers, community groups or affected landholders. Details of the relevant stakeholders and the consultation undertaken as part of the preparation of this EA are included in the following sections.

2.1 Stakeholder Consultation

2.1.1 Authority Consultation

The authority consultation process for the project commenced in July 2008, with Cumnock providing an initial project briefing to DoP and requesting the DGRs for this EA. The DGRs for the project identified the following key environmental assessment issues:

• air quality (refer to Section 5.2);

• noise and blasting (refer to Section 5.3);

• soil and water (refer to Section 5.4);

• transport (refer to Section 5.5); and

• rehabilitation (refer to Section 5.6).

A further Project briefing meeting was held with DoP on 3 November 2008. At this meeting, DoP was provided with an overview of the project and the preliminary environmental assessment outcomes.

A briefing meeting regarding the Project was held with the Department of Primary Industries (DPI) executive on 12 November 2008, with Xstrata providing an overview of the project. The concept mine plan meeting for the project was subsequently held with DPI on 16 December 2008. Ongoing consultation was also undertaken with relevant DPI officers by Cumnock’s Environmental Coordinator throughout the assessment phase of the Project.

Cumnock has also consulted with Singleton Shire Council (Council) regarding the Project. A briefing meeting was held with the Mayor and Council General Manager on 24 November 2008 which included a project overview. At this meeting, Cumnock committed to providing a detailed briefing to Council in January 2009 to assist in Council’s consideration of the EA and modification application.

2.1.2 Community Consultation

The Project is distant from the nearest private residences and as discussed in Section 5.0, there are not predicted to be any significant impacts on residential receivers. Due to the distance to the nearest receivers, Cumnock does not have its own Community Consultative Community (CCC), however, it maintains an ongoing relationship with the local community through the Ravensworth Operations CCC and a 6 monthly community newsletter. The CCC provides a forum for interaction between the community, mine management and relevant Government departments. The community representatives share information from CCC meetings with the rest of the community and bring back items for discussion at the CCC meetings.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 2.1 Cumnock Wash Plant Mining and Rehabilitation Project EA Stakeholder Consultation & Issues

In addition to utilising the Ravensworth Operations CCC, the residents to the north of Cumnock are closer to the Xstrata owned Liddell Colliery and it was therefore determined that it would also be appropriate to brief the Liddell CCC regarding the Project.

Project briefings outlining the details of the Project, the approval path, the approach to the environmental assessment and the environmental assessment outcomes were provided to the Liddell CCC on 27 October 2008 and to the Ravensworth Operations CCC on 27 November 2008. No specific issues or environmental assessment needs were raised regarding the Project at these CCC meetings. Ongoing consultation will be held with the Ravensworth Operations CCC, and Liddell CCC as appropriate, throughout the assessment phase of the Project and during operations.

The next periodic Ravensworth Operations community newsletter is expected to be distributed in January 2009. The timing of the distribution of this newsletter is likely to overlap with the public exhibition of this EA. The newsletter will provide an overview of the Project and the environmental assessment outcomes and provide contact details for any community members interested in discussing the Project.

2.1.3 Other Stakeholder Consultation

In addition to the government and community stakeholders discussed above, there are several other stakeholders relevant to this Project. Cumnock has consulted with each of these stakeholders regarding the project, including:

• consultation with the RCT Joint Venture (of which Xstrata is part) regarding the ongoing use of RCT for loading coal from Cumnock to trains;

• consultation with Coal & Allied Operations Pty Ltd (Coal & Allied) regarding the project generally and specifically regarding the proposed ongoing use of Coal & Allied’s private haul road to deliver coal from Cumnock to RCT and reject from RUM to Cumnock;

• providing Ashton Mine, a nearby mining operation, with an overview of the Project; and

• providing Macquarie Generation (nearby landholder and owner of conveyor infrastructure) with a briefing regarding the Project.

2.2 Issues Raised by Stakeholders

The stakeholder consultation undertaken during the preparation of this EA did not identify any specific issues to be addressed in the EA other than the issues provided in the DGRs for the Project. The key issue of interest which arose from government agency and community consultation was the intended decommissioning and rehabilitation strategy for Cumnock. This issue was also included in the DGRs for the Project and is addressed in Section 6.

2.2.1 Director-General’s Requirements for the EA

The DGRs for the EA are provided in Table 2.1, which also notes the relevant section of this EA that addresses each requirement. A full copy of the DGRs is included in Appendix 2.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 2.2 Cumnock Wash Plant Mining and Rehabilitation Project EA Stakeholder Consultation & Issues

Table 2.1 – Director-General’s Requirements Checklist

Requirement Relevant Section General Requirements The Environmental Assessment (EA) must include: • a summary of the historical mining operations, existing and approved Section 1.3 operations/facilities, and the existing environmental regime on the site; Section 3.1 • a detailed description of the project including a justification for the Section 3.0 proposed modification; • a risk assessment of the potential environmental impacts of the Section 5.1 proposed modification, identifying the key issues for further assessment; • a detailed assessment of the key issues specified below, which includes: - description of the existing environment; - an assessment of the potential impacts of the proposed Section 2.0 modification, taking into consideration any relevant statutory

provisions and technical or policy guidelines; Section 5.0 - a description of the measures that would be implemented to avoid, minimise, mitigate, rehabilitate/remediate, monitor and/or offset the potential impacts of the proposed modification; • a Statement of Commitments, outlining environmental management and Section 6.0 monitoring measures; • a conclusion justifying the proposed modification on economic, social Section 7.0 and environmental grounds, taking into consideration whether the proposed modification is consistent with the objects of the Environmental Planning & Assessment Act 1979; • a signed statement from the author of the Environmental Assessment, Appendix 1 certifying that the information contained within the document is neither false nor misleading. Key Issues: • Air Quality Section 5.2 • Noise and Blasting Section 5.3 • Soil & Water – including an assessment of the potential impacts of the Section 5.4 modification on the quantity, quality and integrity of the surface and groundwater resources in the proposed modification area; • Transport – including an estimate of the number of heavy vehicle Section 5.5 movements required for the transportation of coal to off-site processing locations; and • Rehabilitation – including a detailed description of the proposed Section 5.6 rehabilitation strategy for the mine, taking into consideration the rehabilitation strategies of adjoining mines, and any relevant strategic land use planning or resource management plans or policies. • References – including a detailed reference list of guidelines, policies Section 5.0 and plans that were consulted during the assessment. • Consultation – including consultation with the relevant local, State or Section 2.0 Commonwealth Government authorities, service providers, community groups or affected landowners. The consultation process and the issues raised must be described in the Environmental Assessment

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 2.3 Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification

3.0 Existing Operations and Description of Proposed Modification

3.1 Overview of Existing Operations

The existing approved open cut operations at Cumnock target the Lemington, Upper Pikes Gully and Lower Pikes Gully Seams and continue to utilise surface components of the former underground operations such as the CHPP, stores and reject emplacement area. The open cut operations also have mining facilities including a workshop, store and administration facilities located adjacent to the Cumnock South Open Cut area (refer to Figure 1.3). As discussed in Section 1.0, underground mining operations at Cumnock ceased in 2003 and the closure and decommissioning of the underground facilities (e.g. adits and shafts) is ongoing.

As outlined in Section 1.4.1, Cumnock’s 2001 development consent was granted for a period of 21 years and therefore expires in 2022. The current layout of the approved operations is shown on Figures 1.2 and 1.3.

The existing open cut operations comprise:

• No. 1 Open Cut - this area is adjacent to the proposed Wash Plant Pit and was worked from March 1992 to July 1994. Cumnock has used this void as a tailings and overburden emplacement area. This area is currently being filled with coarse reject and being reshaped.

• South Open Cut Stages 1 and 2 - these areas were operated from January 1994 to January 1999 within five seams. The Stage 2 area is currently being used for the emplacement of rejects and tailings from the Cumnock CHPP.

• South Open Cut Stage 3 - this area recommenced operations in 2003 after a period of care and maintenance and is expected to be completed by late 2008.

Currently, coal is extracted from the South Open Cut (Stage 3) operation by truck and shovel/excavator methods and transported to the Cumnock CHPP by truck on a private haul road. At the CHPP, raw coal is fed directly into a breaker to be crushed and is then conveyed to a secondary crusher and fed into a 3000 tonne surge bin. Raw coal from the surge bin is conveyed to the wash plant, crushed to <50 millimetres, washed and conveyed to a product coal stockpile (100,000 tonne capacity). Product coal is reclaimed and loaded into trucks and hauled a distance of approximately 1.4 kilometres to RCT via a private haul road and a short section of Liddell Station Road. At RCT, the product coal is loaded onto trains for delivery to the Port of Newcastle. Under the 2001 development consent, Cumnock has approval to produce 4.5 Mtpa ROM coal.

Current infrastructure located on the site of the proposed Wash Plant Pit includes a workshop, CHPP, overland conveyor system, water management system structures, welding shop, vehicle washing facilities, administration building, stores area, fuel farm, sewage treatment plant, water treatment plant and a bathhouse.

Decommissioning of this infrastructure will be completed prior to commencement of mining activities at the Wash Plant Pit site and is currently planned to commence in early 2009. The decommissioning work, to take place over approximately five months, will involve removal of the existing equipment and infrastructure, with as much equipment as possible to be re-used or recycled. Some of the equipment and infrastructure will be re-used at other Xstrata operations. The remaining infrastructure will be demolished with all metal being scrapped

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.1 Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification and inert building materials being disposed of on-site. Any equipment or infrastructure to be reused will either be transported directly off-site or stored in a designated laydown area in Stage 2 of the existing open cut operation.

3.2 Overview of Proposed Modification

The Project will involve mining of the proposed Wash Plant Pit over an approximate one year period, disposal of tailings and reject in Cumnock’s open cut mining voids and progressive rehabilitation of the site. The key components of the Project will include:

• mining of the Wash Plant Pit;

• construction and use of temporary mining facilities including a workshop facility, administration facility, stores area, mobile crusher and ROM stockpiling;

• continuing use of existing Cumnock mining facilities and infrastructure;

• coal haulage to the RUM CHPP and RCT via existing approved haulage routes;

• rehabilitation of the Wash Plant Pit to an interim void to be potentially used initially as water storage and subsequently for tailings and reject emplacement area;

• continued use of the Greater Ravensworth Water Sharing System;

• continuing use of Cumnock South Open Cut voids for emplacement of tailings and coarse reject, with this material to come from RUM and other surrounding Xstrata mining operations; and

• continuing use of existing approved road haulage routes to transport coarse reject from RUM to the Cumnock South Open Cut voids.

The proposed Wash Plant Pit will consist of a small open cut pit to recover the coal reserves under the current Cumnock CHPP. It is proposed to utilise truck and excavator/shovel mining methods, with the equipment fleet to be generally consistent with that used for the existing Cumnock South Open Cut Stage 3 operation.

ROM coal extracted from the Wash Plant Pit will be hauled to a mobile crusher to be established on site (refer to Section 3.4), crushed and stockpiled for transport by truck to the RUM CHPP. After processing at the CHPP, the coal will be delivered via conveyor to the RCT where it will be loaded onto trains for export through the Port of Newcastle.

The 2001 Cumnock development consent (DA 123-05-01) allows ROM coal production of up to 4.5 Mtpa. The proposed modification seeks no change to this approved production rate, with approximately 1 Mt of ROM coal to be produced from the Wash Plant Pit.

Table 3.1 provides an overview of the currently approved operations in comparison with the proposed Project. These aspects of the approved Cumnock operations and the proposed Project are described further in the following sections.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.2 Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification

Table 3.1 - Comparison of Key Approved Cumnock Mine Operations and Proposed Project

Major Project Approved Operations Proposed Project Components/Aspects Limits on Extraction Up to 4.5 Mtpa ROM coal. No change. Approximately 1 Mt of ROM coal resource in proposed Wash Plant Pit. Mine Life 29 November 2001 to No change. Approximately one year of 29 November 2022 mining operations in the Wash Plant Pit followed by rehabilitation and ongoing tailings and reject emplacement activities.. Mining Methods Currently approved open cut No change. operations utilise a truck and shovel/excavator operation. Mining Areas Open cut mining has been Open cut mine in a reserve located approved for three mined areas under the current Cumnock CHPP (refer in the Cumnock Colliery – No. 1 to Figure 1.3). Open Cut (completed), South Open Cut Stages 1-3 (completed late 2008). Infrastructure Existing infrastructure north and Use of existing infrastructure plus south of the New England establishment of temporary mining Highway has been utilised for facilities associated with the Wash Plant both open cut and underground Pit (refer to Section 3.6). operations as described in the 2001 EIS. External Coal ROM coal from both ROM coal transported to RUM CHPP via Transport underground and open cut the existing haulage route to RCT (note operations is transported to the that RUM and RCT are located at the Cumnock CHPP for processing. same site). Processed coal would then Product coal is hauled to RCT for be loaded via RCT for transportation to rail load-out and transport to the the Port of Newcastle via the Main Port of Newcastle via the Main Northern Railway Line. Northern Railway Line. Tailings Strategy Tailings from the CHPP is piped Tailings and coarse reject from RUM to to South Open Cut Stage 2 be emplaced at Cumnock including at tailings dams. the Cumnock South Open Cut voids and the future Wash Plant Pit void. Approval is also sought to use these voids for emplacement of tailings and coarse reject from other Xstrata operations in the future as the need arises.

3.3 Target Resource

Cumnock is located within the Hunter Coal Field in the Permian deposits of the Sydney Basin. The coal seams mined at Cumnock are part of the Foybrook Formation, which is the lower portion of the Whittingham Coal Measures of the Singleton Super Group (HLA 1996a). A total of ten coal seams occur within the mine holding, with eight occurring above the Barrett seam and one below (refer to Figure 3.1).

The proposed Wash Plant Pit will mine the Liddell and Barrett seams and is contained within CL 378, CL 392, ML 1300 and A385 that are currently held by Cumnock. A385 applies to the

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.3

Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification surface and an application for a ML will be sought by Cumnock to permit mining of the Wash Plant Pit (refer to Section 4.0).

3.4 Concept Mine Plan

The concept mine plan for the proposed Wash Plant Pit as outlined in this section forms the basis of the assessment in this EA, and has been designed in consideration of current mining technologies and techniques, and the local geology. Mining operations are, however, dynamic and the final mine plan layout and sequence may be subject to changes due to technological advances, operational needs, or as further geological data is gathered.

Approval is therefore sought for the general mining footprint and the extent of associated activities discussed in this section, with any changes to the concept mine plan to be addressed as part of the Mining Operations Plan (MOP) process.

Approximately 1Mt (note: current estimates are 1.07Mt) of ROM coal will be produced from the proposed Wash Plant Pit over an approximate one year period. Mining is anticipated to commence in the second half of 2009, following the decommissioning of the Cumnock CHPP and associated facilities.

Mining will advance north to south from an initial box cut established as Stage 1 of the Wash Plant Pit, with overburden being emplaced in an out-of-pit emplacement area over the former No. 1 Open Cut which is currently used as a reject emplacement area (refer to Figure 3.2). The pit will progress to the south (refer to Figures 3.3 and 3.4), with an interim final void being established at the end of mining activity (refer to Figure 3.5). The interim final void will potentially be used by Xstrata initially for storage of water and subsequently for emplacement of reject and tailings from surrounding Xstrata operations. Once the interim final void has been filled with reject and tailings, the area will be capped with the overburden strategically placed for this purpose as part of the mining operations (refer to Figure 3.4), establishing the final landform for the Wash Plant Pit site (refer to Figure 3.6). The final landform will be rehabilitated to woodland/grassland as described in Section 5.5.

3.4.1 Mining Method

3.4.1.1 Mining Fleet

The currently approved Cumnock open cut mining operations utilise an excavator and truck mining method. Similar equipment to that used for the existing Cumnock operations will be used for the proposed Wash Plant Pit. This will include an excavator, a truck fleet, a fleet of road type coal haulage trucks, bulldozers, grader, overburden drill, front end loader, fuel and water carts, lighting plant and pumps.

The general sequence of mining undertaken using this equipment is outlined further in the following sections.

3.4.1.2 Pre-Stripping

Pre-strip operations include the removal of vegetation and the small amount of remaining topsoil ahead of the active mining operation. Prior to any disturbance of the surface, clean water diversions, erosion and sediment control works will be established where required. The majority of the Wash Plant Pit site has been previously disturbed by mining activities and minimal clearing and topsoil stripping will be required. Vegetation clearing will be carried out in accordance with Cumnock’s existing procedures and as outlined in Section 5.7.1.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.4

Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification

Following the removal of any vegetation, any topsoil present will be stripped and placed aside for use in rehabilitation. Stockpiled soils will be seeded with grasses to maintain seed stock and soil organisms and for stabilisation prior to use in rehabilitation activities. The procedures implemented for the management of soil within the Cumnock mine operations are discussed further in Section 5.6. As discussed further in Section 5.6, the availability of topsoil at Cumnock is limited and this will be a key issue to be addressed as part of the rehabilitation of the site.

Once the surface area is cleared of vegetation and topsoil, the overburden and interburden requires drilling and blasting to enable it to be removed to uncover the underlying coal seams.

3.4.1.3 Blasting Activities

Blasting will be conducted approximately twice per month during the life of the proposed Wash Plant Pit. A detailed design will be undertaken for each blast in order to maximise the blast efficiency, minimise potential dust, vibration and overpressure impacts and to ensure compliance with site specific blast criteria (refer to Section 5.3). Blasting will be restricted to between the hours of 9.00 am and 5.00 pm, Monday to Saturday.

Blasting, overburden removal and coal extraction will be conducted in a manner that considers the former underground workings within the Wash Plant Pit site (refer to Figure 3.7). This will include implementation of specific mining methods and safety measures. Xstrata’s past experience in mining former underground workings will be drawn upon for this Project.

3.4.1.4 Overburden Removal

Overburden will typically be removed by an excavator which will load trucks for haulage to the overburden emplacement area. The overburden emplacement area will be progressively shaped and rehabilitated as mining progresses. The progression of the overburden emplacement area is shown on Figures 3.2 to 3.6. As indicated on Figure 3.4, a temporary section of overburden emplacement will be established for use in later capping of the interim void area once it has been filled with coarse reject and tailings.

3.4.1.5 Coal Extraction and Crushing

After a coal seam is exposed for mining, the top of the seam is cleaned using a track dozer. Some seams may need to be drilled and blasted to improve loading efficiency, with the remaining coal seams ripped using bulldozers. Coal will be loaded by excavator or front-end loader into trucks for transport via internal haul roads to the Wash Plant Pit ROM coal stockpile and mobile coal crushing facility (refer to Figures 3.2 to 3.6). After crushing, the coal will be placed on a ROM coal stockpile in preparation for loading into road trucks for transportation to the RUM CHPP for processing.

3.5 Coal Handling and Transportation

Product coal currently produced at Cumnock is hauled by truck via private haul road and Liddell Station Road to RCT, which is located approximately 1.4 kilometres east of the existing Cumnock CHPP/Wash Plant Pit site. At RCT, the product coal is loaded onto trains for transport to the Port of Newcastle via the Main Northern Railway. Cumnock currently has approval to produce up to 4.5 Mtpa of ROM coal with all product coal permitted to be transported via this haulage route.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.5

Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification

It is proposed that ROM coal mined from the Wash Plant Pit will be loaded into road trucks and delivered via the existing approved coal haulage route to the RUM CHPP. This includes use of a private haul road (owned by Coal & Allied) and a short section of Liddell Station Road. Haulage operations associated with coal from the proposed Wash Plant Pit will deliver approximately 1 Mtpa of coal to the RUM CHPP, requiring approximately 100 truck loads per day. It should be noted that this is only approximately 25 per cent of Cumnock’s currently approved road haulage capacity and will only occur for a period of approximately one year. As discussed in Section 3.7, hauling of coarse reject from the RUM CHPP will also occur by this route.

After processing at the RUM CHPP, the coal will be loaded onto trains via the adjacent RCT using existing RUM and RCT infrastructure, for transportation to the Port of Newcastle via the Main Northern Railway Line.

3.6 Mine Infrastructure

Approval is sought as part of this Project for ongoing use of the existing Cumnock facilities for the life of the Project. This includes ongoing use of:

• the Cumnock South Open Cut office complex, workshop, store, bathhouse and other associated facilities;

• existing water management infrastructure including dams, pumps and pipelines; and

• services, access roads and environmental management infrastructure.

New temporary mining facilities will be established at the Wash Plant Pit site (refer to Figure 3.2) to service the proposed mining operations including a workshop facility, administration facility and stores area. These facilities will be temporary only and will be removed once they are no longer required for mining or rehabilitation activities.

Access to the current Cumnock South Open Cut facilities is gained via Pikes Gully Road, with existing accesses to the Wash Plant Pit site from Pikes Gully Road and Liddell Station Road. Both mining areas are also accessible via Coal & Allied’s private haul road. Access to the Wash Plant Pit mining facilities will be provided from Pikes Gully Road using the existing access point to the Cumnock site adjacent to the Cumnock trucking loading facility (refer to Figure 1.3). The proximity of the site to the New England Highway provides an efficient connection to a major transport route.

A range of ancillary infrastructure, including pipe networks, powerlines, telecommunications and minor access tracks will be required throughout the life of the Project to service the mining and rehabilitation activities. These facilities will all be located within existing and approved mining areas.

There is no direct potable water supply to the Cumnock Wash Plant Pit site. The temporary mining facilities will rely on potable water being supplied by tanker. With respect to process water, Cumnock sources the majority of its water from water stored in its former underground workings. Cumnock is also part of Xstrata’s Greater Ravensworth Water Sharing System and can therefore receive water from and deliver water to other Xstrata sites in the area. Cumnock also has a water allocation to receive quantities of water from the Hunter River. This allocation is stored in the Macquarie Generation water management system and can be transferred to Cumnock as required via an underground pipeline. Further details of site water management are provided in Section 5.4.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.6 Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification

Sewerage generated from the bathhouse and office complexes on-site at the Cumnock South Open Cut are treated by on-site treatment systems and the resultant effluent sprayed on-site in a designated irrigation area. Sewage generated from the temporary office/workshop at the Wash Plant Pit will be pumped out regularly by a suitably licensed waste management contractor.

Electricity reticulated on-site to supply the various infrastructure areas is supplied from powerlines adjacent to the site along Pikes Gully Road. Powerlines situated within the Wash Plant Pit site will be removed during decommissioning, with sections of these lines re-routed to the proposed temporary mining facilities.

3.7 Tailings and Coarse Reject Handling

In the Cumnock Mine Life Extension Environmental Impact Statement (EIS) (HLA 2001a), a range of options for rejects and tailings disposal were canvassed. The preferred option for the disposal of tailings and reject was in the Cumnock South open cut mining void. Currently, disposal of tailings from the Cumnock CHPP is being disposed of the Cumnock Stage 2 South Open Cut area (refer to Figure 3.8).

It is proposed as part of this Project that ROM coal will be washed at the RUM CHPP. Approval is also sought for the emplacement of tailings and coarse reject from the RUM CHPP within the Cumnock South Open Cut area and in the Wash Plant Pit interim void once mining operations are complete. Approval is also sought to receive tailings and reject at the Cumnock site from other Xstrata operations subject to future approvals associated with those operations.

Approval is sought to use these emplacement areas for the remaining life of Cumnock’s 2001 development consent (that is, until 29 November 2022). Progressive rehabilitation of the emplacement areas will be undertaken over the life of the Project.

The concept design of the proposed tailings and reject emplacement areas in the Cumnock Stage 2 and 3 South Open Cuts areas is shown on Figure 3.8. The final design of all emplacement areas will be completed as part of obtaining a Section 100 approval from the DPI under the Coal Mines Health and Safety Act 2002.

Approximately 200,000 tonnes per annum of coarse reject is proposed to be hauled from RUM CHPP to Cumnock via the existing approved haulage route for product coal, being Liddell Station Road and the Coal & Allied private haul road (refer to Figure 3.8). In addition to disposal at Cumnock, RUM will also continue to utilise its existing tailings and reject emplacement areas. The haulage of coarse reject from the RUM CHPP to Cumnock will typically result in approximately 100 truck loads per day (or a total of 200 truck movements per day) for a few days per month. RUM currently has some stockpiles of coarse reject at its pit-top site which require disposal. Therefore, during the initial phases of the project approximately 200,000 tonnes of coarse reject will be hauled to Cumnock on a campaign basis over a period of approximately 3 months, requiring approximately 100 truck loads per day.

Tailings will be pumped via overland pipeline to the relevant disposal area. This will include use of Macquarie Generation’s ‘M series’ conveyor easement to connect into existing tailings pipelines that connect the Cumnock CHPP to the Cumnock south open cut.

Cumnock will implement the tailings management and rehabilitation strategy for the Project in consultation with the Dams Safety Committee (DSC) and DPI. Cumnock will ensure procedures for the operation and maintenance of the tailings and reject emplacement areas

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.7

Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification are in place to safely rehabilitate the landform and ensure compliance with DSC, DPI and Xstrata standards.

3.8 Rehabilitation

Achieving sustainable rehabilitation of the Cumnock site, which has been the subject of mining activities since the 1950s, is a key aim of the Project. The mining of the Wash Plant Pit following the decommissioning of the CHPP and associated infrastructure provides an opportunity to create an improved final landform at a site that would otherwise pose challenges for effective closure due to the occurrence of adits, shafts, former open cut areas, reject and tailings emplacement areas and limited availability of capping or topsoil material. The emplacement of reject and tailings in the South open cut voids will also result in an improved final landform in Cumnock’s South Open Cut area.

Progressive rehabilitation works will be undertaken as part of the Project including rehabilitation of areas associated with the proposed Wash Plant Pit and the South Open Cut that are not required for ongoing tailings and reject emplacement. Cumnock also plans ongoing rehabilitation of other former mining areas, to facilitate long-term sustainability. This may include using inert overburden from the Wash Plant Pit in older rehabilitated areas to improve rehabilitation outcomes. This may require short-term haulage of inert overburden material across Pikes Gully Road. This haulage would be done under a traffic management plan (refer to Section 5.5). Full details of the proposed approach to rehabilitation of the Cumnock site including details of the final landform, land use and closure criteria are provided in Section 5.6.

3.9 Workforce and Hours of Operation

During mining of the proposed Wash Plant Pit, the project will employ approximately 50 people. There will be minor ongoing employment after this time associated with rehabilitation activities and ongoing emplacement of tailings and coarse reject.

Mining operations and ancillary activities are planned to be undertaken 24 hours per day, seven days per week.

3.10 Justification for the Proposed Modification

The Project provides Cumnock with a unique opportunity to economically access a coal reserve and remediate and rehabilitate the site during the mining process. The mining of the proposed Wash Plant Pit will allow Cumnock to address any residual environmental impacts resulting from the CHPP operations and past mining activities at the site extending back to the 1950s. The Project, through ongoing emplacement of tailings and reject in the existing Cumnock South Open Cut voids, will also provide for an improved final landform at the Cumnock site and through successful rehabilitation achieve a long term sustainable outcome for the site.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.8 Cumnock Wash Plant Mining and Existing Operations & Description Rehabilitation Project EA of Proposed Modification

As outlined in Section 2.0, Cumnock manages its operations in an environmentally responsible manner through the implementation of its EMS. This approach will continue to be implemented for the current Project, with the environmental management controls proposed to be implemented as part of the Project outlined in Sections 5.0 and 6.0.

This EA comprehensively addresses the potential environmental and social impacts associated with the Project. As discussed in Section 5.0, the Project can be undertaken without significantly impacting on the environment or community and will also provide improved biodiversity outcomes in the medium to long-term through establishment of native vegetation communities as an outcome of the rehabilitation process. Further details of the justification for the Project are provided in Section 7.0.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 3.9 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

4.0 Planning Context

The DGRs for the Project require the ‘consideration of any relevant statutory provisions’. The following sections assess the applicability of relevant Commonwealth and State legislation, including the approval path for the Project.

4.1 Commonwealth Legislation

A summary of the Commonwealth legislation potentially relevant to the Project is provided in Table 4.1.

Table 4.1 – Relevance of Commonwealth Legislation to the Project

Approval Act Comments Required for the Project? Environment Under the EPBC Act the approval of the Commonwealth No Protection and Minister for the Environment, Heritage and the Arts is Biodiversity required for any action that may have a significant impact Conservation on matters of National Environmental Significance, Act 1999 (EPBC including world heritage properties, National Heritage Act) Places, Ramsar wetlands, cetaceans, migratory species, threatened species, critical habitats or ecological communities listed in the EPBC Act, commonwealth land, marine areas or reserves and nuclear actions. The only matters of National Environmental Significance with potential relevance to the Project are those related to ecological values. The ecological assessment for the project (refer to Section 5.7.1) has found that the Project will not adversely impact on any matters of National Environmental Significance prescribed by the EPBC Act. Consequently, approval from the Commonwealth Minister for the Environment, Heritage and the Arts is not required for the Project. Native Title Act The Commonwealth government enacted the Native Title No. 1993 Act 1993 in response to the High Court of Australia decision in Mabo v Queensland (1992). The Act is administered by the National Native Title Tribunal. The Act prescribes that native title can be extinguished under certain circumstances, including the granting of freehold land. Areas of land within the Project Area where native title may not have been extinguished include public road reserves and Crown land. No native title claims are known to exist over land within the Project Area.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.1 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

4.2 NSW Legislation

4.2.1 Environmental Planning and Assessment Act 1979

It is proposed to modify the 2001 Cumnock development consent (DA 123-05-01) under Section 75W of the EP&A Act.

The Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) clause 8J(8) prescribes how, in certain circumstances, a development consent granted under Part 4 of the EP&A Act can be modified under Section 75W of the EP&A Act. Clause 8J(8) states that:

(8) A development consent in force immediately before the commencement of Part 3A of the Act may be modified under Section 75W of the Act as if the consent were an approval under that part, but only if:

a) The consent was granted with respect to development that would be a project to which Part 3A of the Act applies but for the operation of clause 6(2)(a) of State Environmental Planning Policy (Major Projects) 2005, and

b) The Minister approves of the development consent being treated as an approval for the purposes of section 75W of the Act.

The development consent, if so modified, does not become an approval under Part 3A of the Act.

Under State Environmental Planning Policy (SEPP) (Major Projects) 2005, the Project is a development for the purposes of coal mining in accordance with clause 5(1)(a) of Schedule 1 and hence satisfies clause 8J(8) of the EP&A Regulation. Consequently, it is available to the Minister for Planning to grant approval for the Project under Section 75W of the EP&A Act.

The Director-General of DoP provided the requirements for the EA as discussed in Section 2.2.2.

Permissibility under Singleton Local Environmental Plan 1996

The Project will be assessed under Part 3A of the EP&A Act which primarily considers State planning processes and issues. Local and regional planning issues are generally not considered under Part 3A assessments, however, a project cannot be approved under Part 3A, if it is wholly prohibited by the local land zoning under the relevant Local Environment Plan (LEP).

The land proposed to be affected by the Project is located wholly within the Singleton Local Government Area (LGA) and is covered by the provisions of the Singleton LEP 1996. Under the LEP the site is zoned Rural 1(a). The objectives of the 1(a) Rural zone, as described in the Singleton LEP 1996, are:

(a) to protect and conserve agricultural land and to encourage continuing viable and sustainable agricultural land use; (b) to promote the protection and preservation of natural ecological systems and processes; (c) to allow mining where environmental impacts do not exceed acceptable limits and the land is satisfactorily rehabilitated after mining; (d) to maintain the scenic amenity and landscape quality of the area; (e) to provide for the proper and co-ordinated use of rivers and water catchment areas; and

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.2 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

(f) to promote provision of roads that are compatible with the nature and intensity of development and the character of the area.

The Project is consistent with the objectives of the Rural 1(a) zone.

Coal mines are permissible with consent in this zone. Therefore the Project is permissible and the Minister for Planning is not precluded from approving the Project.

4.2.2 Other State Legislation

A summary of other State legislation that is potentially relevant to the Project is provided in Table 4.2.

Table 4.2 – Summary of State Legislation and Relevance to the Proposed Modification

Act Comments Approval Required for the Project? Mining Act 1992 Cumnock currently holds a number of MLs over the Project area. A Yes new ML covering the Wash Plant Pit will be required to permit open cut mining operations as the MLs covering this area do not apply to the surface. Cumnock will also submit a Mining Operations Plan (MoP) to DPI for approval prior to the commencement of any new mining operations for which approval is sought as part of this Project. Coal Mine The principal aim of the Coal Mine Health and Safety Act 2002 is to Yes Health and secure the objectives of the Occupational Health and Safety Act Safety Act 2002 2000 in relation to coal operations. It does this by imposing certain specific safety requirements on coal mines. This includes the requirement to obtain consent from the Minister for Mineral Resources for the establishment of reject and tailings emplacement areas. A Section 100 approval will be required for the establishment of new reject and tailings emplacement areas proposed as part of the Project. Protection of Cumnock currently holds an EPL (No. 37) that covers coal mining, Yes the coal works and sewage treatment systems at Cumnock. The EPL Environment currently applies to coal mining works at a scale of between 0.5 and Operations Act 2.0 Mtpa. 1997 If required, the existing EPL will need to be varied to accommodate the Project and Cumnock will submit a modification application to DECC. Water The proposed modification does not involve any new extraction of No Management water from the Hunter Regulated River Water Source and no water Act 2000 sharing plan applies to the Project Area. The Project will not impact on any watercourses or protected lands.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.3 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

Table 4.2 – Summary of State Legislation and Relevance to the Proposed Modification (cont)

Act Comments Approval Required for the Project? Water Act 1912 The Water Act 1912 has been replaced by the Water Management Yes Act 2000, however, some of the licencing provisions of the Water Act 1912 remain in force until the provisions of the Water Management Act 2000 become fully operational. A permit under Part 5 of the Water Act 1912 will be required for the Project to intercept and extract groundwater from the open cut mining pit. Cumnock currently holds a Part 5 licence for its underground workings and the opportunity to modify this licence to also apply to the Wash Plant Pit will be discussed with the Department of Water and Energy (DWE). Dams Safety The Act requires that the NSW DSC periodically review large dams Yes Act 1978 that may constitute a hazard to human life and property. These dams are known as prescribed dams and are to be designed to the satisfaction of the DSC. Tailings dams will be constructed as part of the project and further discussions will be held with the DSC to determine if any of these dams will be prescribed dams. Fisheries A permit must be obtained for any works which involve dredging or No. Management reclamation, any structure that may inhibit or obstruct the Act 1994 movement of fish within a waterway or cause damage or destruction of marine vegetation. The Project will not impact on fish habitat or impact on waterways and an approval will not be required under this Act. National Parks Under the National Parks and Wildlife Act 1974 a Section 90 permit No and Wildlife Act is required prior to the destruction of any known Aboriginal 1974 archaeological sites and a Section 87 permit is required to conduct excavations for archaeological investigations. There are no known sites or areas of potential archaeological deposit within the area to be impacted by the Project and therefore no Section 87 or 90 permits are required (refer to Section 5.7.2). Threatened The ecological assessment completed for the Project has identified No Species that the Project will not result in a significant impact on any Conservation threatened species, populations or communities (refer to Act 1995 Section 5.7.1). Heritage Act There will be no new land disturbance associated with the Project No 1977 and consequently no permits will be required under the Heritage Act 1977. The Project will not impact on any known heritage sites and therefore a permit under this Act is not required. Refer to Section 5.7.2. Contaminated This Act enables DECC to respond to contamination that is causing No Land a significant risk of harm to human health or the environment, Management including issuing orders to investigate contamination and to Act 1997 remediate a site. A number of minor potential contamination issues associated with historical fuel storages have been identified within the Project Area that will be addressed as part of the decommissioning process (refer to Section 5.5). No orders have been issued relating to the site.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.4 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

Table 4.2 – Summary of State Legislation and Relevance to the Proposed Modification (cont)

Act Comments Approval Required for the Project? Environmentally Under the Environmentally Hazardous Chemicals Act 1985 a No Hazardous licence is required for any storage, transport or use of prescribed Chemicals Act chemicals. Should such a licence be required under this Act during 1985 the life of the Project, Cumnock or the relevant sub-contractor will obtain a licence prior to the storage, transport or use of prescribed chemicals. Roads Act 1993 The Roads Act 1993 determines the rights of the public and Yes adjacent land owners to use public roads, and establishes procedures for the opening and closing of public roads. Under the Act applications are required to be made to the Minister for Lands for the closure of Crown roads and for works in public road reserves. As part of the ongoing haulage of product coal from Cumnock to RUM/RCT, Cumnock propose to upgrade the existing road pavement of the section of Liddell Station Road used for coal haulage. Council is the roads authority for Liddell Station Road and approval will be required under Section 138 for these works. Part of the proposed Wash Plant Pit will also impact on the road reserve for Liddell Station Road and an approval under Section 138 will be required from Council. There are several Crown road reserves within the Project Area. Cumnock propose to seek approval from the Department of Lands under the Roads Act to close these road reserves. Crown Lands The Crown Lands Act 1989 provides for the administration and Yes Act 1989 management of Crown land in the eastern and central divisions of NSW. As discussed above in reference to the Roads Act, there are several Crown road reserves in the Project Area that are proposed to be closed. Should works be required in these areas prior to the closure of these road reserves, an approval will be required under this Act. Mine Under this Act, the approval of the MSB is required for the erection Yes Subsidence or alteration of improvements and subdivision of land within a mine Compensation subsidence district. Act 1961 New temporary mining facilities are proposed as part of the Wash Plant Pit site including a workshop and office facilities. Approval from the MSB will be required for erection of these buildings. Aboriginal Land The Aboriginal Land Rights Act 1983 provides for the constitution of No Rights Act 1983 local, regional and State Aboriginal Land Councils. Part 6 of the Act prescribes a mechanism for Land Councils to claim Crown land. No land rights claims currently exist over the Crown land within the project area. Therefore Part 6 of the Act is not relevant to this assessment.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.5 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

4.2.3 State Environmental Planning Policies

4.2.3.1 SEPP Major Projects (Major Projects SEPP)

The Major Projects SEPP identifies projects to which the development assessment and approval process under Part 3A of the EP&A Act applies. As discussed in Section 4.2.1, the project is listed under Schedule 1 of the SEPP and therefore may, with the permission of the Minister for Planning, be assessed as a modification under Section 75W of the EP&A Act.

4.2.3.2 SEPP Mining, Petroleum Production and Extractive Industries (Minerals SEPP)

The Minerals SEPP was gazetted in February 2007. The Minerals SEPP repeals SEPP 37 - Continued Mines and Extractive Industries and SEPP 45 - Permissibility of Mining. The Minerals SEPP outlines where various minerals activities are permissible both with and without development consent. The Minerals SEPP also defines mining developments that are prohibited, exempt or complying developments.

As discussed in Section 4.2.1, the Project is permissible under the provisions of the Singleton LEP. The permissibility of the Project is not affected by the Minerals SEPP.

4.2.3.3 SEPP 44 - Koala Habitat Protection

SEPP 44 applies to the extent that a consent authority is restricted from granting approval for a development proposal on land identified as core koala habitat without the preparation of a plan of management. The ecological assessment completed for Wash Plant Pit has determined that no areas of core koala habitat exist and therefore SEPP 44 does not place any constraints on the Project.

4.2.3.4 SEPP 33 – Hazardous and Offensive Development

SEPP 33 requires a consent authority to consider whether an industrial proposal is a potentially hazardous industry or a potentially offensive industry. The Project will not substantially alter the nature of the existing Cumnock operations and it is considered that the proposed operations are not hazardous or offensive. Therefore SEPP 33 does not place any constraints on the Project.

4.2.3.5 SEPP 55 – Remediation of Land

SEPP No. 55 aims to provide a State wide planning approach to the remediation of contaminated land and to reduce the risk of harm to human health and the environment by consideration of contaminated land as part of the planning process. Under the SEPP, a consent authority must consider potential contamination issues.

A number of minor potential contamination issues associated with historical fuel storages have been identified within the Project Area that will be addressed as part of the decommissioning process (refer to Section 5.5). A rehabilitation strategy, including a contaminated land management action plan will be developed for the decommissioning and closure of the Project in consultation with DPI. This strategy will incorporate the further investigation and remediation of contaminated land and will be included in MOPs submitted to DPI for approval.

The mining facilities proposed as part of the Project (e.g. workshop) will be designed to prevent contamination and the storage and handling of chemicals will be undertaken in accordance with Australian Standards and DECC guidelines.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.6 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

4.2.4 Hunter Regional Environmental Plan

The Hunter Regional Environmental Plan (1989) (Hunter REP) regulates environmental planning matters of significance in the Hunter. A consent authority is required to consider the contents of the REP when determining a project.

The overall aim of the Hunter REP is to promote balanced development of the region that optimises the social and economic benefit to the community. The Hunter REP details objectives and policies to manage specific issues such as social development, economic development and land use and settlement. The issues that are directly relevant to the Project are land use and settlement (Part 4), natural resources (Part 6) specifically, mineral resources and extractive materials (Part 6, Division 1).

The objectives of mineral resources and extractive materials planning are to (Clause 39):

a) manage the coal and other mineral resources and extractive materials of the region in co-ordinated manner so as to ensure that adverse impacts on the environment and the population likely to be affected are minimised;

b) ensure that development proposals for land containing coal and other mineral resources and extractive materials are assessed in relation to the potential problems of rendering those resources unavailable; and

c) ensure that the transportation of coal and other mineral resources and extractive materials has minimal adverse impact on the community.

A large proportion of the wealth generated in the Hunter Region is a product of the coal mining industry. In turn, this also constitutes a significant proportion of the nation’s wealth. As a result, one of the main aims of the Hunter REP is to encourage the responsible development of the mining industry through the careful assessment of land with underlying coal resources.

4.2.4.1 Land Use and Settlement (Part 4)

The land use and settlement clauses seek to minimise the loss of agricultural land classified as prime crop and pasture land as a result of mining, National Parks, urban and residential growth and changes to the agricultural industry.

The proposed Wash Plant Pit and associated infrastructure will be located in an area subject to mining activity since the 1950s. The proposed reject and tailings areas that form part of the Project will be located within existing open cut mining voids. The Project will not impact on any prime agricultural land.

4.2.4.2 Transport (Part 5)

The Hunter REP seeks to encourage the transport of goods, especially coal and other bulk materials, by rail or other non-road modes where practicable (Clause 32). Clause 34 of the Hunter REP states that a council:

should not grant consent to the carrying out of any development involving the storage or handling of goods or materials which are likely to be delivered by heavy transport vehicles, unless it has considered whether use could be made of a transport mode other than road which, in the opinion of that council, is economically practicable.

ROM coal from the proposed Wash Plant Pit will be delivered a short distance by road (1.4 kilometres) to the RUM CHPP for processing. After processing, the coal will be

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.7 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context transported by train to the Port of Newcastle. The road haulage route is currently approved and consists of a private haul road and a short section of public road (Liddell Station Road) which only provides access to mining operations. The road is closed to through traffic. Due to the short-term nature of the proposed Wash Plant Pit (approximately one year of mining activity), the minimal interaction with public traffic and the need to use the RUM CHPP (due to the decommissioning of the CHPP prior to mining commencing in the Wash Plant Pit), it is considered that the proposed coal transportation arrangements are the best economically practicable outcome whilst still maximising the use of rail transportation in accordance with the intent of the REP.

4.2.4.3 Natural Resources (Part 6)

The mineral resources and extractive materials planning policies (Clause 40 and Clause 41) specify that land use planning in areas where coal with open cut mining potential has been identified should provide only for development that is compatible with mining or extractive activity. Mining is regarded as a priority land use in these areas.

The Hunter REP stresses the importance of environmental management of mining sites, and sets out issues that should be considered by consent authorities. Clause 41 outlines matters that should be considered by consent authorities when assessing proposed mining developments. These are:

• the conservation value of the land and appropriate post-mining or extraction land use (refer to Sections 5.6 and 5.7.1);

• progressive rehabilitation of mined areas (refer to Section 5.6);

• minimise the likelihood and extent of a final void and its impact, or facilitate other appropriate options for the use of any final void (refer to Section 5.6);

• minimising any adverse effects on groundwater and surface water quality and flow characteristics (refer to Section 5.4);

• consideration of any likely impacts on air quality and the acoustical environment (refer to Sections 5.2 and 5.3);

• provision of environmentally acceptable transport (refer to Section 5.5); and

• reference to Total Catchment Management strategies (refer to Sections 5.4 and 5.6).

The Project, including the environmental management procedures outlined in this document, is considered to meet the objectives of the Hunter REP. In particular:

• the Project has been designed to maximise rehabilitation outcomes for the Cumnock site and will provide an improved final landform compared that that which could be achieved if the Project did not proceed;

• the proposed use of three mining voids (two existing and one to be established as part of the proposed Wash Plant Pit) for disposal of reject and tailings will results in all of Cumnock’s mining voids being filled and rehabilitated;

• the environmental assessment completed for the Project has found that it can be completed without significant environmental or community impacts (refer to Section 5.0); and

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.8 Cumnock Wash Plant Mining and Rehabilitation Project EA Planning Context

• product coal will be transported by rail, with the use of existing road haulage routes to transport ROM coal to the RUM CHPP for processing. This haulage route has very limited interaction with public traffic as Liddell Station Road only provides access to mining operations and does not carry through traffic.

The Hunter Heritage REP assists in developing appropriate ways to conserve heritage. The requirements of the Hunter REP - Heritage (1989) are not considered applicable to the Project as there will be no impact on heritage sites.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 4.9 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

5.0 Environmental Assessment

5.1 Environmental Risk Analysis

An environmental risk analysis was undertaken for the Project to identify the key issues that required detailed assessment as part of this EA. The methodology used for the environmental risk analysis was generally in accordance with the Xstrata Coal NSW (XCN) Health, Safety, Environment and Community (HSEC) Standard 1.02 Risk Management, (XCN 2007a) which follows the general principles outlined in Australian Standard AS/NZS 4360:2004 Risk Management (Standards Australia, 2004).

The method used for the environmental risk analysis encompassed the following key steps:

1. Establish the context for the risk analysis process;

2. Identify environmental and community aspects and potential risks;

3. Analyse risks; and

4. Evaluate risks to determine the key issues requiring further assessment.

The findings of the environmental risk analysis completed for the Project are included in Appendix 3.

As indicated in Appendix 3, the environmental risk analysis identified the following issues as requiring further assessment:

• air quality (refer to Section 5.2);

• noise and blasting (refer to Section 5.3);

• water including sediment and erosion control, surface water management, groundwater management and water balance (refer to Section 5.4);

• transport (refer to Section 5.5);

• rehabilitation and closure (refer to Section 5.6);

• ecology (refer to Section 5.7.1);

• Aboriginal and historic heritage (refer to Section 5.7.2);

• visual impacts (refer to Section 5.7.3);

• greenhouse gas and energy (refer to Section 5.7.4); and

• socio-economic impacts (refer to Section 5.7.5).

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.1 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

5.1.1 Identification of Key Environmental Assessment Issues

Identification of the key environmental issues assessed in this EA is based on consideration of:

• the DGRs for the project (refer to Section 2.2.1 and Appendix 2 );

• stakeholder consultation (refer to Section 2.0);

• the environmental risk analysis of potential environment and community impacts associated with the Project (refer to Section 5.1 and Appendix 3); and

• the planning and environmental context for the Project (refer to Section 4.0).

The key environmental assessment issues for the Project are assessed in Sections 5.2 to 5.7.

5.2 Air Quality

An assessment of potential air quality impacts resulting from the Project has been completed by Environ Australia Pty Ltd (Environ) and is provided in Appendix 4. An overview of the key findings of the air quality assessment is provided in this section.

5.2.1 Air Quality Criteria

The following section summarises the current air quality assessment criteria specified by DECC for assessing impacts from mining activities. The air quality criteria relate both to dust concentration and dust deposition.

Dust Concentration Criteria

Dust concentration refers to airborne dust and is measured in micrograms per cubic metre (μg/m³). Relevant criteria for dust concentration are defined in terms of two classes; total suspended particulates (TSP) and PM10.

TSP relates to all suspended particles, which are usually in the size range of zero to 50 micrometres (μm). Particle sizes larger than 50 μm are typically measured in dust deposition levels. The human respiratory system has in-built defensive systems that prevent particles larger than approximately 10 μm from reaching the more sensitive parts of the respiratory system. PM10 refers to particulate matter with a diameter less than 10 μm.

Goals for dust concentration are referred to as long term (annual average) and short-term (24 hour maximum) goals. Relevant goals for TSP and PM10 are outlined in Table 5.1 in relation to both project specific goals and cumulative goals applied at a regional level. The TSP and PM10 annual average goals relate to the total dust in the air (cumulative) and not just the dust from the Project. Therefore, background levels need to be considered when using these goals to assess impacts.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.2 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Table 5.1 – Air Quality Standards/Goals for Particulate Matter Concentrations

Pollutant Standard/Goal Averaging Period Total suspended particulate 90 μg/m³ Annual mean matter (TSP) Particulate matter 50 μg/m³ 24-hour maximum

<10 μm (PM10) 30 μg/m³ Annual mean 50 μg/m³ 24-hour average, 5 exceedances permitted per year

Dust Deposition Criteria

In addition to health impacts, airborne dust also has the potential to cause nuisance impacts by depositing on surfaces. Dust deposition levels refer to the quantity of dust particles that settle out of the air as measured in grams per square metre per month (g/m2/month) at a particular location.

DECC expresses dust deposition criteria as provided in Table 5.2 in terms of an acceptable increase in dust deposition over the existing background deposition levels and a maximum acceptable total dust deposition level. For example, in residential areas with annual average dust deposition levels of between 0 and 2 g/m2/month an increase of up to 2 g/m2/month would be permitted before it would be considered that a significant degradation of air quality had occurred.

Table 5.2 – DECC criteria for dust deposition

Pollutant Averaging Maximum increase in Maximum total Period deposited dust level deposited dust level Deposited dust Annual 2 g/m2/month 4 g/m2/month

5.2.2 Existing Air Quality

Cumnock currently maintains a network of eleven dust deposition gauges, one directional dust deposition gauge and one High Volume Air Sampler (HVAS) to monitor dust levels in the area surrounding the current operations. The air quality monitors are strategically located to monitor impacts from the Cumnock operation on surrounding areas, however, the dust levels at these monitoring locations are also affected by other mining operations that surround Cumnock. The existing monitoring locations are shown on Figure 5.1.

The existing air quality has been characterised based on the available monitoring data and a review of recent air quality studies undertaken in the study region. As discussed in Section 1.2, the nearest residential areas are to the north of Cumnock being approximately 7 kilometres from the proposed Wash Plant Pit and the nearest residences to the south being approximately 11 kilometres from the proposed Wash Plant Pit. The review of the existing air quality environment has identified that different background air quality characteristics apply to these different receiver areas. The background air quality levels applied in this air quality assessment are described in Table 5.3 (refer also to Appendix 4).

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.3

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Table 5.3 - Background Air Quality Environment for Assessment Purposes

Air Averaging Assumed Background Quality Period Level Parameter 77.0µg/m3 (Northern Receptors) TSP Annual 83.7µg/m3 (Southern Receptors, Camberwell Village) 24-Hour Daily Varying 3 PM10 17.3µg/m (Northern Receptors) Annual 27.2µg/m3 (Camberwell Village) 2 Dust 3.0g/m /month (Northern Receptors) Annual Deposition 3.6g/m2/month (Camberwell Village)

Existing air quality of the local area is likely to be influenced by emissions from a range of other sources, including neighbouring mining operations (Liddell Coal, Ravensworth Operations, Ravensworth Underground, Glendell, Ashton, Mt Owen and Hunter Valley Operations). The air quality assessment (refer to Appendix 4) identified that changes in baseline air quality are likely to occur prior to the commencement of the proposed Wash Plant Pit due to several surrounding developments including the cessation of Cumnock’s Stage 3 Open Cut mine (end 2008), the development of the planned Glendell Mine operations and alterations to Hunter Valley and Ravensworth mining operations. These changes will alter (both increases and reductions) the contributions of specific mining operations to the local air quality environment.

5.2.3 Assessment Methodology

The Air Quality Impact Assessment (refer to Appendix 4) was based on a conventional approach following the procedures outlined in the ‘Approved Methods for the Modelling and Assessment of Air Pollutants in NSW’ (Department of Environment and Conservation, 2005). The atmospheric dispersion modelling completed for the Project utilised the US-EPA regulatory AERMOD model. The dispersion modelling took into account local meteorology and terrain information, and used dust emission factors to predict air quality impacts from the Project.

Stage 3 of the proposed Wash Plant Pit mining operation was selected for modelling as it was considered to represent the worse case scenario in terms of potential impacts at sensitive receptors. This selection considered the area of exposed surface; the location of major particulate generating plant; and the quantity of coal/overburden extracted. Stage 3 operations also represent the period of maximum haul road distance and exposed areas of open pit and overburden emplacement.

The assessment also considers cumulative air quality impacts by combining the predicted air quality impacts for the Wash Plant Pit based on modelling, with the existing background air quality levels derived from monitoring, incorporating air quality impacts from existing operations. The cumulative assessment also considers the potential air quality impacts of the existing Cumnock operation in that these operations contribute to the existing background air quality environment. This approach provides a conservative assessment of the actual air quality impacts of the Project as the existing Cumnock South Open Cut operations will cease and will not operate concurrently with the proposed Wash Plant Pit. The only activities proposed to be ongoing in the Cumnock South Open Cut are emplacement of reject and tailings and mine rehabilitation.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.4 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

5.2.4 Air Quality Impacts

The results of predictive air quality modelling have identified that the Project will meet the relevant air quality criteria at all residential receiver locations. The dust contributions from the Project at the nearest residential receivers are small due to the relatively small size of the proposed open cut mining operation and the dust controls included in the Project design. It should also be noted that mining operations in the proposed Wash Plant Pit will only occur for a period of approximately one year, followed by rehabilitation, with the Project therefore only having a minor, relatively short-term impact on air quality. The rehabilitation of the Cumnock mine, including the Cumnock South Open Cut mining area will result in improved local air quality over the life of the Project.

The Air Quality Assessment (refer to Appendix 4) has also identified that due to the cessation of open cut mining in the Cumnock South Open Cut area, the overall contribution of dust from Cumnock’s operations is unlikely to significantly change. Regardless, to provide a conservative worst case assessment, the cumulative air quality assessment considered the proposed Project as an additional dust contributor for assessment purposes.

To provide an assessment of the incremental impact of the predicted dust emissions from the Project on total local dust levels, the modelled dust emissions for the Project were added to the measured background dust levels for the relevant receiver locations. These background levels include dust contributions from the existing Cumnock operations and other mining operations. These cumulative dust levels were then compared to the relevant cumulative air quality goal.

In summary, the findings of the air quality assessment include:

• There are no private residences predicted to experience maximum 24-hour average PM10 predictions above the 50 µg/m3 criterion as a result of the Project. Impacts on Camberwell Village are discussed in further detail below.

• The maximum incremental 24-hour average PM10 concentrations are predicted to be less than 28.0 µg/m3 at all private residences.

• There are no private residences predicted to experience annual average PM10 predictions above the 30 µg/m3 criterion as a result of the Project.

• The annual average PM10 concentrations attributable to the Project at the nearest private residences are very small, with the maximum predicted increment being 1.7µg/m3. The predicted cumulative annual average PM10 concentrations are less than 28.3 at all non- mine owned residences.

• There are no private residences predicted to experience annual average TSP predictions above the 90 µg/m3 criterion as a result of the proposed Project.

• The annual average TSP concentrations attributable to the Project at the nearest private residences are very small, with the maximum predicted contributions being 7.7 µg/m3.

• There are no private residences predicted to experience annual average dust deposition above the 2 g/m2/month (maximum increase) criterion or the 4 g/m2/month maximum total criterion.

• The deposited dust rates attributable to the Project at the nearest private residence are very small, with the maximum predicted contribution being 0.02 g/m2/month.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.5 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• The cumulative deposited dust rates attributable to the Project at the nearest private residences to the north are predicted to be a maximum of 3.0 g/m2/month, and a maximum of 3.6 g/m2/month at the southern residences (Camberwell Village).

Real-time monitoring of PM10 in Camberwell Village by Ashton Mine has identified that there are currently periodic exceedances of the DECC maximum 24-hour average PM10 criterion of 50 µg/m3. Camberwell Village is approximately 11.5 kilometres from the proposed Wash Plant Pit, with a number of other mining operations being significantly closer to the village and consequently having greater influence on air quality in the village. The air quality modelling completed for the Project has found that the maximum 24 hour PM10 contribution from the Project is small at Camberwell Village with the maximum 24 hour PM10 contribution being 6.6 µg/m3. In accordance with DECC’s requirements, an assessment was undertaken to determine if the Project would result in any additional exceedances of the 24 hour PM10 goal at Camberwell Village compared to the existing situation. The assessment found that due to the distance of the village from the proposed Wash Plant Pit and the generally minor contribution of the Project to PM10 levels at the village, the Project is not predicted to result in any additional exceedances of the 24 hour PM10 goal at Camberwell Village.

A similar assessment was completed for the northern residential receivers which are 3 predicted to have a maximum 24 hour PM10 contribution of 28 µg/m . This assessment also found that Project is not predicted to result in any additional exceedances of the 24 hour PM10 goal at the northern residential receivers.

5.2.5 Air Quality Management

As discussed in Section 5.2.4, the Project is not predicted to exceed the relevant air quality criteria at the closest surrounding private residences. Cumnock will, however, continue to implement air quality controls as part of its operations to provide ongoing management of potential air quality impacts associated with the Project to reduce dust impacts to as low as practical.

Cumnock will implement the following controls to manage dust generation:

• watering of active mining areas, active spoil emplacement areas, haul roads that are subject to frequent vehicle movements and ROM coal stockpile areas;

• all drill rigs will be equipped with dust control systems and will be regularly maintained for effective use. These systems will include dust curtains and water injection sprays;

• sprays systems will be fitted to the mobile crushing plant to minimise dust from coal crushing activities;

• topsoil stripping will be undertaken when there is sufficient moisture content in the soil to minimise dust generation;

• restricting or ceasing dust-generating activities on extremely windy or dry days;

• minimising the area of disturbance by restricting vegetation clearing ahead of mining operations and rehabilitating mine spoil dumps as soon as practicable after mining;

• ensuring that all equipment is used and maintained in an efficient and effective manner; and

• no blasting will be undertaken in meteorological conditions which may result in adverse air quality impacts on sensitive receivers.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.6 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

As discussed in Section 5.2.2, Cumnock maintains an air quality monitoring network that includes dust deposition gauges and a HVAS (refer to Figure 5.1). Cumnock will continue to monitor air quality over the life of the Project to verify that relevant air quality criteria are not exceeded and that dust controls are effective. An Environmental Monitoring Program will be prepared for Cumnock in consultation with relevant government agencies to detail the ongoing air quality monitoring program to be implemented as part the Project (refer to Section 6.0). During development of this Program, Cumnock will review opportunities to consolidate its existing monitoring network and integrate it with those of the surrounding XCN operations.

5.3 Noise and Blasting

5.3.1 Noise Assessment

A comprehensive noise assessment has been undertaken for the project by Umwelt. A summary of the key findings of the assessment is included below, with the full assessment report included in Appendix 5.

The noise assessment provides an analysis of the potential noise impacts associated with the Project and compares these noise levels to relevant criteria. The assessment has been prepared in accordance with DECC’s Industrial Noise Policy (INP) (EPA, 2000).

5.3.1.1 Existing Noise Environment and Nearest Sensitive Receivers

Cumnock’s operations are located in an area surrounded by heavy industry, including mining, power generation and explosives manufacturing. These existing heavy industries impact on the existing acoustic environment of the area surrounding the Project Area. The closest residential receivers to the Project are located approximately 7 kilometres to the north of the Project Area (refer to Figure 1.5). A small camping reserve, the Lake Liddell Recreation Area, is also located on the northern shoreline of Lake Liddell approximately 7 kilometres to the north of the Project Area (refer to Figure 1.5).

There are also a number of privately owned residences to the south of the Project Area (refer to Figure 1.6). Of these, the closest are located approximately 11 kilometres south and south-east of the Project Area. The village of Camberwell, is also located approximately 11 kilometres to the south east of the Project Area.

All of the nearest sensitive receiver locations to Cumnock’s operations are significantly closer to other larger mining operations. Therefore, the existing acoustic environment at each of these receiver locations is expected to be impacted by other mine noise. However, due to the separation distance, noise from Cumnock’s existing operations is considered unlikely to make a significant contribution at any of these locations.

5.3.1.2 Noise Assessment Criteria

Cumnock’s 2001 development consent (DA 123-05-01) contains noise criteria for two residential locations, which at the time, were the nearest residential receivers to Cumnock. Both of these residential locations, being Ravensworth Village and Oaklands, have since been purchased by Xstrata. Therefore, the noise criteria to be applied to the current Project were established in accordance with the INP.

There are two criteria to consider when establishing project-specific noise levels for the assessment of industrial noise sources in accordance with the INP; intrusive criteria and amenity criteria. The intrusiveness criteria is aimed at controlling noise sources such that the

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.7 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment impact of noise from an industrial operation does not exceed the existing background noise level by more than 5 dB(A), whereas the amenity criteria is designed to limit continuing increases in noise levels in an area from new industrial noise sources. Under the INP, the most stringent of either the intrusive or amenity criteria becomes the limiting criterion and forms the project-specific noise level for the industrial source.

Where background noise levels at relevant receiver locations have not been monitored, as is the case for this Project, the default background noise level of 30 dB(A) is adopted in accordance with the INP. This background noise level is used to calculate the intrusive noise goals for the Project (refer to Table 5.4). As indicated in Table 5.4, the intrusive noise goals are the most stringent of either intrusive or amenity goals and therefore form the project- specific noise level for the Project. The resulting criterion of 35 dbA (A) LAeq, 15 minute has therefore been applied at all residential receivers.

Table 5.4 – Project-Specific Noise Level at Residential Receivers, dB(A)

Receiver Assessment Recommended Intrusive Noise Project-Specific 1 Location Period Amenity Noise Goal Noise Criterion Level (dB(A)) LAeq, 15 minute LAeq, 15 minute All Residential Day 50 35 35 Receiver Evening 45 35 35 Locations Night 40 35 35 Note 1: Daytime 7.00 am to 6.00 pm; Evening 6.00 pm to 10.00 pm; Night 10.00 pm to 7.00 am. On Sundays and Public Holidays, Daytime 8.00 am to 6.00 pm; Evening 6.00 pm to 10.00 pm; Night-time 10.00 pm to 8.00 am.

DECC has not developed a specific criteria to address sleep disturbance. However, in a noise guide for local government, DECC identify that sleep may be disturbed if the

LA1,60 seconds or LAmax noise level exceeds the LA90 background noise level by more than 15 dBA when measured outside the bedroom window. Using this approach, the sleep disturbance goals for residential receivers are provided in Table 5.5.

Table 5.5 – Project-Specific Sleep Disturbance Criteria at Residential Receivers

Receiver Location Assessment Assumed Sleep Disturbance 1 Period Background Noise Goal Noise Level LA1, 1 minute, dB(A) LA90, 15 minute, dB(A) All Residential Night 30 45 Receiver Locations

5.3.1.3 Noise Modelling Methodology

Operational noise levels from the Project were calculated using the Environmental Noise Model (ENM). This model has been endorsed by DECC for use in environmental noise assessment. ENM can be used to predict noise levels under various meteorological conditions and accounts for topography and equipment positioning.

The ENM was used to predict the noise levels from the Project during the phase of operation considered to represent the worst case noise generating scenario, being Stage 3 of the proposed Wash Plant Pit (refer to Figure 3.4). The model predicted noise impacts for calm and prevailing meteorological conditions in accordance with the INP.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.8 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

In addition, sleep arousal was assessed using the guidelines set out in Section 19-3 of the DECC’s Environmental Noise Control Manual (ENCM) (DECC, 1994).

5.3.1.4 Operational Noise Impacts

The noise assessment has found that the operational noise levels produced by the Project are predicted to meet the project-specific noise criteria at all residential receivers under calm and prevailing weather conditions. The contributions at all residential receivers are predicted to be <35 dB(A) in all modelled weather conditions. The worst case noise contours for the Project, being noise impacts under night-time temperature inversion conditions, are shown on Figure 5.2.

In regard to sleep disturbance, the predicted LA1, 1 minute noise levels are predicted to be less than 40 dB(A) at all residential receiver locations, therefore the sleep disturbance noise goal of 45 dB(A) LA1, 1 minute will not be exceed by the Project.

In summary, the assessment has found that the Project will not result in adverse noise impacts on surrounding residential receivers.

5.3.1.5 Cumulative Noise Impacts

To address potential cumulative noise impacts from existing and subsequent developments, the INP sets noise emission criteria with a view to maintaining noise levels below acceptable levels for residents.

The recommended amenity noise levels for all receiver areas relevant to the Project are 50 LAeq, Day , 45 LAeq, Evening and 40 LAeq, Night (refer to Table 5.4).

Predicted intrusive noise levels from the Project are below 35 dB(A) LAeq, 15 minute, at the nearest residential receivers, therefore the amenity noise contribution would be less than 35 dB(A) LAeq, Period.

The Project will therefore not add to existing amenity noise levels and would comply with INP ‘acceptable’ amenity criteria during all operating periods for all residential receivers.

In considering potential cumulative noise impacts resulting from the proposed Project, it should also be recognised that Cumnock’s existing operations being the Stage 3 South Open Cut and the Cumnock CHPP, will cease prior to the commencement of the Project. The Stage 3 South Open Cut is a larger operation and contains more mobile equipment than the proposed Wash Plant Pit. Therefore, the overall noise contribution of Cumnock to noise amenity is unlikely to change significantly from the existing situation.

5.3.1.6 Noise Management and Monitoring

The noise assessment has found that the Project will meet the relevant noise impact assessment criteria at all private residences. However, to further minimise the potential for noise impacts, Cumnock will continue to implement current noise controls to provide for ongoing management of potential noise impacts associated with the Project.

As described in Section 1.3.4, Cumnock implements an EMS which incorporates procedures for the control of noise that may be generated from operations at the mine. The objective of noise management on site is to install, operate and efficiently maintain equipment such that emitted noise levels do not unduly affect amenity at the nearest privately owned residences. As part of this system, Cumnock has an ongoing commitment to implementing the following controls to manage noise generation:

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.9

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• mining equipment is maintained to high standards to meet noise criteria; and

• noise monitoring is utilised to confirm compliance with noise criteria and for environmental management purposes.

Cumnock also currently undertakes regular attended and non-attended monitoring within surrounding areas to measure compliance against relevant noise criteria. Cumnock will continue to monitor noise levels within the area surrounding its operations over the life of the Wash Plant Pit to verify noise impact predictions and confirm that noise controls are effective.

As outlined in Section 6.0, Cumnock will develop an Environmental Monitoring Program for its ongoing operations which will identify the ongoing noise monitoring requirements for the operation. As Cumnock is surrounded by other XCN operations, this program may include use of noise monitoring data from other XCN operations to assess Cumnock’s compliance with relevant noise criteria. The Environmental Monitoring Program will be submitted to DoP for approval.

5.3.2 Blasting Assessment

Explosives are used in mining operations to enable the extraction of the resource by dislodging overburden. This is achieved by drilling holes in a pre-defined pattern considering angle, depth and spacing. These holes are then filled with an explosive charge consisting of an emulsion-type explosive. The charge is initiated with the aid of primers and detonators. Detonation is undertaken using a delayed firing technique to ensure the sequential firing of each hole. This technique improves the efficiency of the blast and reduces its environmental impacts.

Blasting can have impacts on surrounding residential receivers and structures (including buildings) with regard to airblast (overpressure) and ground vibration. A detailed blasting impact assessment has therefore been completed for the Project and is included in Appendix 5. A summary of the key findings of the assessment are included below.

As discussed in Section 1.3.1, the nearest residential receivers to Cumnock are a significant distance from its current open cut mining areas, meaning that blasting can be effectively managed to avoid significant impacts on residential receivers. Blasting is, however, a key management issue for Cumnock due to constraints imposed by the infrastructure surrounding the site. Infrastructure with the potential to be affected by blasting undertaken as part of the Project includes two conveyors (owned by Macquarie Generation and Coal & Allied), powerlines, a steel pipeline and the surrounding roads including the New England Highway, and the private haul road located to the east of the proposed Wash Plant Pit.

In consultation with Coal & Allied, Cumnock has introduced a management plan for operations in its Open Cut area to design and manage blasting to minimise impacts on the Coal & Allied conveyor. Cumnock intend to implement this plan for mining operations in the proposed Wash Plant Pit.

5.3.2.1 Blasting Criteria

DECC has established criteria for blasting based on human comfort levels. These criteria have been adopted from the Australian and New Zealand Environment and Conservation Council (ANZECC) guidelines Technical Basis for Guidelines to Minimise Annoyance due to Blasting Overpressure and Ground Vibration (ANZECC, 1990). The criteria are defined in terms of airblast (pressure), measured in DB(Linear) and ground vibration, measured as peak particle velocity (PPV). The blasting emissions criteria for residential receivers are presented in Table 5.6.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.10 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Table 5.6 - Blasting Emissions Criteria for Residential Receivers

Blasting Impact Recommended 95th 1 Maximum Level Percentile Maximum Level Airblast (dB Linear Peak) 115 120 Ground Vibration (mm/s) 5 10 Note 1: This level may be exceeded on up to 5 per cent of the total annual number of blasts.

The nearest residential receivers are over 7 kilometres from the proposed Wash Plant Pit mining area (refer to Section 5.2.1.1), and therefore are unlikely to present a significant constraint to blasting for the Project. However, potential impacts on residential receivers have been assessed as discussed in Section 5.3.2.2.

Structural and Infrastructure Criteria

The criteria for transient vibration impacts on structures and infrastructure as a result of blasting have been sourced from Australian Standard AS 2187.2 Explosives—Storage, Transport and Use and European Standard DIN 4150-3: 1992-02 Structural Vibrations Part 3: Effects of Vibration on Structures. The criteria for transient vibration for powerlines and pipelines are presented in Table 5.7.

An investigation into the effects of blasting on the conveyors at Cumnock undertaken by Terrock Consulting Engineers Effects of Blasting on the C&A Conveyor Stage 3 Investigation (Terrock Consulting, 2008) found that a peak particle velocity (PPV) of ‘100 mm/s would not cause overloading of the conveyor structure with the conveyor belt running’. A transient vibration guideline of 100 mm/s has therefore been adopted for the assessment of blasting impacts on the conveyor structures adjacent to the proposed Wash Plant Pit. It should be noted that this vibration limit has been agreed with Coal & Allied, however, discussions with Macquarie Generation are ongoing.

The Chain of Ponds Hotel, located approximately 2 kilometres east of the proposed Wash Plant Pit, is a heritage structure that requires particular attention due to its potential sensitivity to vibration. A criterion of 10 mm/s for ground vibration and 133 dBL for overpressure limits were applied for a neighbouring operation (Liddell Colliery consent DA 305-11-01) by DoP in February 2008. These limits have been adopted for the Chain of Ponds Hotel for this assessment as described in Table 5.7.

Table 5.7 - Structural and Infrastructure Ground Vibration Limits

Type of Structure Ground Vibration Criterion Source (mm/s) Powerlines 100 AS 2187.2 (ANZECC 2006) Conveyors 100 Terrock Consulting (2008) Buried Pipework (steel) 100 DIN 4150-3: 1999-02 Chain of Ponds Hotel 10 Liddell Colliery Development Consent DA305-11-01 (DoP, February 2008)

5.3.2.2 Blasting Impact Assessment

The predicted blasting impacts at residential and structural receivers were determined for the three key stages of the proposed Wash Plant Pit (refer to Figures 3.2 to 3.4). This included calculation of the limiting maximum instantaneous charge (MIC) for given blasts to ensure

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.11 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment compliance with relevant criteria. In accordance with Cumnock’s existing practice, during operations the MIC for each blast will be calculated based on the specific location in which it will occur and based on the blasting site law which will be constantly updated using blast monitoring data. The purpose of this assessment is to demonstrate that blasting for the proposed Wash Plant Pit can be designed and managed to meet relevant criteria.

The results of the blasting impact assessment indicate that the predicted airblast and ground vibration levels associated with the Project will readily comply with the relevant criteria at the nearest residential receivers for an MIC of up to 800 kg. The blasting design will, however, be constrained by the close proximity of the Wash Plant Pit to existing infrastructure.

Blasting design in the Wash Plant Pit will need to consider the distance of each blast to the nearby infrastructure and limit MIC levels to achieve compliance with blasting criteria as outlined in Table 5.8. As blasting operations proceed to the southern limit of the Wash Plant Pit, blast size may need to be progressively reduced to an MIC of 40 kg to ensure that 95 per cent of ground vibration results will comply with the criteria and minimise the potential for impacts on Macquarie Generation’s M-series conveyor. As discussed above, the actual MIC for each blast will be subject to detailed design as mining progresses in the Wash Plant Pit.

Table 5.8 - Limiting MIC and Predicted Ground Vibration Levels at Structural and Infrastructure Receivers

Predicted PVS (mm/s) at Receivers Mine Limiting MIC (kg) C&A M-series Water Supply Stage Powerline Conveyor Conveyor Pipelines 1 280 6.6 9.1 97.8 97.8 2 280 5.1 23.0 97.8 97.8 3 40 2.2 97.6 17.2 17.2 Criteria (mm/s) 100 100 100 100

Predicted ground vibration levels at the Chain of Ponds Hotel are very low for all three stages of the Project (refer to Table 5.9). The relevant ground vibration and overpressure criteria will be complied with during the Project at the Chain of Ponds Hotel for the MIC levels that are required to comply with the structural criteria.

Table 5.9 - Limiting MIC and Predicted Blasting Impacts at Chain of Ponds Hotel

Chain of Ponds Hotel Limiting MIC Stage Predicted Airblast (kilograms) Predicted PVS (mm/s) dB(Linear) 1 280 0.9 103.3 2 280 0.4 103.3 3 40 0.3 96.6 Criteria 10 mm/s 133 dBL

Pikes Gully Road and Liddell Station Road are within 500 metres of the proposed Wash Plant Pit and therefore road closures will be required due to blasting. The New England Highway is also within 500 metres of the southern section of the Wash Plant Pit and therefore road closures may be required due to blasting. One of Cumnock’s previous development consents (DA 46/93) allowed Cumnock a maximum of nine road closures a year on the New England Highway, which would be more than required for this Project.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.12 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

However, this consent lapsed in mid 2008 and therefore approval is required for road closures as part of this Project. The need for road closures on the New England Highway will require further detailed assessment as due to the infrastructure constraints discussed above, the scale of blasting at the southern end of the proposed Wash Plant Pit will be relatively small.

The proposed frequency of blasting at the Wash Plant Pit is relatively low, with approximately two blast scheduled per month of the operation, subject to geological and mining conditions and environmental constraints. It is anticipated that there may be a requirement to close the New England Highway on a small number of occasions during active mining operations at the Wash Plant Pit, predominantly during Stage 3. It will likely be necessary to close Pikes Gully Road and Liddell Station Road for each blast. These closures will be short-term only, will be done in consultation with the relevant roads authority and will be advertised in advance to minimise disruption to the public. Cumnock will prepare a Blasting Road Closure Management Plan for the Project in consultation with the relevant roads authorities (the RTA and Council) prior to the commencement of blasting operations that require road closures.

5.3.2.3 Blasting Management and Monitoring

Blasting at the proposed Wash Plant Pit will be managed in accordance with the Cumnock Blasting/Vibration Management Plan. This plan includes measures for blasting design to minimise overpressure, vibration and other impacts associated with blasting, particularly on structures and infrastructure. Cumnock will continue to design all blasts to meet relevant criteria at all surrounding residences, infrastructure and heritage structures. Cumnock will also continue to monitor each blast to ensure compliance and to gather data to feed back into the blast design process.

5.4 Soil and Water Assessment

5.4.1 Soils

The Singleton 1:100,000 Soil Landscapes Map Sheet (Matthei 1995) indicates that the Liddell soil landscape unit occurs within the majority of the Project Area, including in all areas subject to activity as part of this Project. The Liddell Soil Landscape is predominantly comprised of Yellow Soloths, Yellow Solodic Soils on the upper slopes, while Earthy and Silicious Sands occur on lower slopes with silicious parent rock. Less abundant soil types present include the Red Soloths, Red Solodic Soils and Red Podzolic Soils. The topsoil ranges from brown sand to brown loam, while the different subsoils may include sandy clay, light clay, sandy loam and loamy sand. The depth to bedrock typically ranges from 50 centimetres to 110 centimetres.

The soils of the Liddell Soil Landscape are susceptible to minor to severe sheet erosion and minor levels of rill erosion. In drainage lines, moderate levels of gully erosion up to 1.5 metres depth can occur and salting may be present. The Soloths and Solodic soils characteristically have a higher erodibility (moderate to high) than that of the Sands (low). Similarly, soil salinity is higher for the Soloths and Solodic soils (high) in comparison to the Sands (low).

The soil types within this soil landscape have a low fertility, are poorly to well drained and have a low to moderate available water holding capacity. Typical soil pH varies between 6.0-6.5 and mass movement hazard is low.

The majority of the Project Area has been previously disturbed by mining activity and therefore only limited areas of topsoil will be disturbed by the Project. Where residual topsoil

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.13 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment remains, it will be recovered and stored for latter use in rehabilitation as discussed in Section 5.6. As also discussed in Section 5.6, there will be limited topsoil available for rehabilitation of the proposed Wash Plant Pit and therefore, Cumnock will investigate alternative rehabilitation approaches for this area.

The sediment and erosion controls designed for the Project will consider the susceptibility of the soils in the Project Area to erosion. The proposed sediment and erosion controls for the Project are outlined in Section 5.4.2.

5.4.2 Water Resources Assessment

A detailed Water Resources Assessment has been completed for the Project by Umwelt to assess the potential impact of the Project on surface water and groundwater. The assessment report is included in Appendix 6, with a summary of the key findings provided below.

The proposed Project involves works within existing mining areas, with minimal new ground disturbance resulting from the Project. The Project will be located within areas that are currently part of Cumnock’s existing mine water management system. In particular, the proposed tailings and reject areas in the Cumnock South Open Cut areas are located within the existing mining areas and will require minimal changes to the water management system in this area, except where specifically related to tailings water management. The proposed Wash Plant Pit will require changes to the existing water management system to provide for effective management of mine water and sediment and erosion control. The proposed Wash Plant Pit will also intersect groundwater, including areas of former underground workings that are currently being used for water storage.

In consideration of the above, the key features of the Project that have the potential to impact on surface water and groundwater management include:

• changes to the area of disturbance associated with the proposed Wash Plant Pit, including the mining void, overburden emplacement area and infrastructure areas;

• changes to the existing mine water management system, water usage and the overall mine water balance;

• changes to water management structures due to construction of diversion controls, catch drains and sediment dams to control runoff; and

• changes to licences (surface water and groundwater) associated with the Project.

These potential impacts relating to surface water and groundwater are discussed in the following sections.

5.4.2.1 Existing Water Resources

Surface Water

Except where contained within the Cumnock mine water management system, the Project Area is drained by three tributaries of Bayswater Creek (refer to Figure 5.3). Pikes Gully, located to the north of the Cumnock CHPP, captures runoff from the area to the west and north of the Cumnock CHPP, Davis Creek runs from the north-west to the south-east through the central section of the Project Area and Emu Creek is located on the southern boundary of the Project Area. All three tributaries flow typically in an easterly direction towards Bayswater Creek. Bayswater Creek flows in a southerly direction to the Hunter River.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.14

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Pikes Gully, Davis Creek, Emu Creek and Bayswater Creek are all ephemeral creeks with catchment areas that are highly modified as a result of mining and other heavy industry developments.

The proposed Wash Plant Pit is located in the catchment area of Pikes Gully. The existing Cumnock CHPP and former Cumnock pit-top facilities, and the proposed Wash Plant Pit are within the catchment area of Pikes Gully, however, the Cumnock mine water management system currently captures runoff from these areas. The proposed reject and tailings areas in the Cumnock South Open Cut are also fully contained within the mine water management system.

The Project, therefore, will not result in reduced flows in natural drainage lines compared with the existing situation and will not impact on flows in the Hunter River.

Groundwater

The existing groundwater environment in the Project Area is dominated by three aquifer systems:

• the shallow alluvial sequences associated with Pikes Gully;

• the fractured rock aquifers in the weathered bedrock; and

• the Wittingham Coal Measures.

Pikes Gully, along the western side of Pikes Gully Road, has been historically modified to allow for the construction of Pikes Gully Road and the Cumnock CHPP. The exact timing of these works are unknown, however, mining has been ongoing at the site since the 1950s. The extent of the former Pikes Gully alluvium cannot be determined from the historical maps for the region, however based on the topography of the area, is considered to potentially underlie less than one hectare of the proposed Wash Plant Pit site.

Fractured rock aquifers and the coal measure aquifers interact closely with the existing and former open cut and underground mine workings in the area. The former Cumnock underground workings interact with former underground workings at Liddell Coal and the former Foybrook Colliery to the north, and with the Cumnock South Stage 2 and 3 Open Cut mining areas. These interactions have relevance to the management of groundwater in the former underground workings within the Project Area and which will be mined through as part of the proposed Wash Plant Pit.

Mine Water Management System

The existing Cumnock mine water management system will be altered to control and treat runoff from the proposed Wash Plant Pit and the tailings and reject emplacement areas in the Cumnock South Open Cut. The proposed Wash Plant Pit mine water management system will be modified over the life of the mining operation to reflect the progression of mining operations.

The aim of the existing mine water management system is to separate and treat water according to its origin and quality based on the following categories:

• surface water runoff;

• saline mine water;

• waste water; and

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.15 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• potable water.

The key water management infrastructure currently at Cumnock comprises:

• Main Mine Dam (Dam 16);

• former underground workings which are used for water storage and associated dewatering pumps; and

• linkages into the XCN Greater Ravensworth Water Sharing System which provides for water transfer between the XCN operations in the greater Ravensworth area as discussed in further detail below.

These existing elements of the mine water management system will continue to be used for the Project, however, the Main Mine Dam will be relocated to accommodate the proposed Wash Plant Pit. A new dam will be constructed to manage water from the pit, store runoff from the emplacement area and to supply water for dust suppression. The location of the proposed mine water dam is shown on Figure 5.5.

Greater Ravensworth Water Sharing System

Cumnock currently participates in the Greater Ravensworth Water Sharing System which links the water management infrastructure of the adjacent XCN operations in the greater Ravensworth area (refer to Figure 5.4). The system enables excess water or water deficits from the current Cumnock mine water management system to be made up from, or shared with neighbouring XCN operations.

Excess mine water from the Cumnock mine is currently pumped to Dam 13 (at Liddell Coal mine) for use or discharge under the Hunter River Salinity Trading Scheme (HRSTS). This arrangement is proposed to continue as part of the Project.

A key long term objective of the Greater Ravensworth Water Sharing System is to minimise discharge of water under the HRSTS by increasing water sharing and recycling across the XCN group.

Throughout the life of the Project, Cumnock proposes to continue to participate in the Greater Ravensworth Water Sharing System.

5.4.2.2 Water Impact Assessment

The Project has two components in separate geographical areas that require consideration in regard to potential water management impacts, including:

• the proposed Wash Plant Pit – consisting of an open cut pit, overburden emplacement and infrastructure areas; and

• the proposed Cumnock South Open Cut tailings and reject emplacement areas.

The potential impacts of the Project on surface water and groundwater in these areas are described further in the following sections.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.16

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Proposed Wash Plant Pit

Surface Water

The proposed Wash Plant Pit will require construction of a series of diversion and catch drains around the perimeter of the active pit to ensure the inflow of clean water runoff is minimised, and that no off-site release of dirty water occurs. The diversion and catch drains will report to four new sediment dams sized in accordance with the minimum requirements of ‘Managing Urban Stormwater: Soils and Construction’ (The Blue Book) based on the topsoil and overburden characteristics of the Project area, and the maximum catchment area of each dam. The layout of the proposed sediment and erosion control measures are shown on Figure 5.5.

All ancillary infrastructure associated with the proposed Wash Plant Pit will be located within the mine water management system catchment area. Runoff from mine infrastructure areas will be directed through diversion drains and collected in catch dams directly downstream of each area. Water collected from these dams will be transferred to the Main Mine Dam for reuse in the mine water management system.

Control systems including bunding will be established around the proposed temporary mining facilities and the ROM coal crushing and handling area to ensure that potentially contaminated water is captured and retained on site for reuse. Catch drains or sediment fencing will be established around topsoil stockpiles to prevent off-site mobilisation of topsoil.

Sediment and Erosion Control

The Project will result in short term surface disturbance associated with the proposed Wash Plant Pit. If not appropriately managed, these works have the potential to increase sediment generation and export of sediment off-site. To mitigate this potential impact, erosion and sediment control measures will be implemented as part of the mining operations.

The erosion and sediment control measures proposed to be adopted to control the quality of runoff from the Wash Plant Pit site include:

• construction and regular maintenance of catch drains, silt fences and sediment dams to minimise sediment generation and contain sediment downslope of disturbed areas;

• placement of oil management systems down-slope of key infrastructure and high traffic hardstand areas;

• clearly identifying, delineating and minimising areas required to be disturbed and ensuring that disturbance is limited to those areas. Clearing vegetation only as required to achieve the works and minimising machinery disturbance outside of these areas;

• applying gypsum, where required, to reduce the dispersibility of the subsoils that will be disturbed and to minimise the potential for tunnel erosion and surface drilling of disturbed or reshaped areas. The application rate to be determined by additional localised soil testing as required;

• ensuring that where possible all drainage and sediment and erosion control works are designed and constructed to be free draining to minimise the potential for ponding, infiltration and tunnel erosion;

• construction of drains upslope of areas to be disturbed to convey clean runoff away from most disturbed areas;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.17 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• diversion of surface and road runoff away from disturbed areas where possible;

• limiting the number of roads and tracks established;

• stripping and stockpiling the small amount of available topsoil for later use in rehabilitation; and

• rehabilitating disturbed areas as soon as possible.

Groundwater

The proposed Wash Plant Pit will mine through the Liddell seams down to the Barrett seam. While the proposed Wash Plant Pit will intercept the former Cumnock underground Liddell seam workings, the water in these workings is stored ‘down dip’, below the floor level of the proposed Wash Plant Pit.

The proposed Wash Plant Pit will also intersect the former Cumnock underground Barrett seam workings which are localised in the north-western corner of the Project Area. Groundwater monitoring around the Cumnock CHPP indicates the Barrett seam workings have filled with water following the cessation of mining and have stabilised at a level above the proposed floor of the Wash Plant Pit. The estimated volume of water in the Barrett seam workings is approximately 600 ML.

To enable the safe operation of the Wash Plant Pit the former Cumnock underground workings in the Barrett seam will need to be dewatered to below the floor level of the Wash Plant Pit. Approximately 50 per cent of the water stored in the Barrett seam workings lies down dip of the Wash Plant Pit. Therefore, the estimated volume of water to be dewatered is approximately 300 ML. The water level in the former underground workings will then need to be maintained at an acceptable level while mining is ongoing. Cumnock has an existing Part 5 licence under the Water Act 1912 for its underground workings (refer to Figure 1.2) which will provide for these dewatering operations.

Impacts on Alluvial Aquifers

Based on the conceptual mine plan for the proposed Wash Plant Pit it is anticipated the open cut pit will not intersect the Pikes Gully alluvium. Alluvium associated with Pikes Gully is limited to the extreme north-western corner of the Project Area. This area will not be mined, however, it will be used for the construction of the new Mine Water Dam, as shown on Figure 5.5. This area is currently highly disturbed due to historical mining use and therefore the construction of a dam in this location is not considered likely to adversely impact any alluvium which may remain.

Cumnock South Open Cut Tailings and Reject Emplacement Areas

The proposed reject and tailings emplacement areas in the Cumnock South Open Cut voids will be contained within the existing mine water management system. The existing water management system controls associated with the Stage 2 and 3 South Open Cut operations will continue to be used to ensure separation of clean and dirty water runoff around these voids. It is proposed that these controls be augmented with new structures to assist in minimising the flow of tailings decant, surface water runoff and groundwater inflow into the voids while they are being used for the emplacement of coarse reject and tailings. Areas not required for ongoing tailings and reject emplacement will be progressively rehabilitated.

As part of this Project, decanted water from the reject and tailings emplacement areas is proposed to be collected and returned to the RUM CHPP in a purpose designed tailings

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.18 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment decant facility. This system will be supplemented by a series of groundwater bores in the former underground workings which will return additional water to RUM.

The detailed design of the tailings and reject dams and water management system will be addressed as part of the Section 100 approval application process in consultation with DPI.

5.4.2.3 Water Balance

The water sources for the proposed Wash Plant Pit include rainfall and groundwater inflows into the open cut pit, along with water, as required, from the Greater Ravensworth Water Sharing System. Water sinks include evaporation, dust suppression usage and vehicle washdown usage.

The predicted water balance during the mining of the proposed Wash Plant Pit during a 10th percentile dry year is a net deficit of -130 ML. The predicted water balance during a 90th percentile wet year is a net excess of 190 ML. The predicted water deficit will be readily made up by using water stored in the former Cumnock underground workings. Should a wet rainfall year occur, excess water will either be stored in the former Cumnock underground workings or used by other XCN mines associated with the Greater Ravensworth Water Sharing System. This overview of the water balance does not include the dewatering of approximately 300 ML of water from the former Cumnock Barrett seam workings to allow mining of the Wash Plant Pit. This water will either be stored in the former Cumnock underground workings or used as part of the Greater Ravensworth Water Sharing System.

Once rehabilitation is complete, both the proposed Wash Plant Pit and the Cumnock South Open Cut area will both be externally draining.

5.4.2.4 Water Management Measures

The existing Cumnock surface water and groundwater monitoring and reporting programs will continue during both mining and rehabilitation phases of the Project. Once operational, water storage dams and sediment dams will be monitored (and metered in the case of water storage dams) to ensure that they are appropriately managed.

All surface and groundwater monitoring results will be reported in the Cumnock Annual Environmental Management Report (AEMR) and will be used to review the effectiveness of the Cumnock water management system on an ongoing basis. Water usage, external sourcing, rainfall on site, dam volumes and water transfers will also continue to be monitored for the Project to provide for effective management of the water system. Details of the Cumnock water balance will also be reported annually in the AEMR.

The mine water management system for the Project will remain a part of the Greater Ravensworth Water Sharing System, which will enable flexibility of water management and provide for efficient use of the valuable water resource managed by XCN.

5.5 Transport

5.5.1 Site Access and Existing Road Network

Access to the Cumnock CHPP is currently provided from both Liddell Station Road and Pikes Gully Road at the Cumnock truck loading facility (refer to Figure 1.3). Both of these existing entrances will be maintained and used to provide access to the site during mining of the proposed Wash Plant Pit. Access to the temporary mining facilities at the Wash Plant Pit site will be from Pikes Gully Road. Access to the Cumnock South Open Cut mining facilities,

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.19 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment which may be used as part of the Project, will continue to be accessed via Pikes Gully Road as per the existing arrangement (refer to Figure 1.3).

Pikes Gully Road is privately owned by mining companies with the exception of a small section between Liddell Station Road and the southern side of the New England Highway (refer to Figure 5.6). Council is the relevant roads authority for the public section of Pikes Gully Road. Pikes Gully Road is utilised primarily by mining related traffic as it provides access to several mining operations.

Liddell Station Road is a public road that provides access to both Cumnock and RUM, and to RCT. It does not provide access to any private land or residences and has been closed at the railway line and therefore doesn’t provide for through traffic. The road is utilised primarily by mining related traffic. Council is the relevant roads authority for Liddell Station Road.

To the east of the proposed Wash Plant Pit is Coal & Allied’s private haul road. Cumnock currently uses this private haul road and Liddell Station Road to deliver product coal from the CHPP to RCT for delivery to the Port of Newcastle.

The Project is not considered likely to significantly change the nature or volume of employee and materials related traffic entering the Cumnock mine site. The traffic entering the proposed Wash Plant Pit site will simply replace the traffic currently entering this site associated with the CHPP operations. The proposed Wash Plant Pit will also only operate for a period of approximately one year, following which the volume of traffic entering the site will be significantly reduced.

5.5.2 Coal and Coarse Reject Haulage

Product coal currently produced at the Cumnock CHPP is hauled by truck via the private haul road and Liddell Station Road to RCT, which is located approximately 1.4 kilometres east of the existing Cumnock CHPP/Wash Plant Pit site. Cumnock currently has approval to produce up to 4.5 Mtpa of ROM coal with all product coal permitted to be transported via this haulage route.

As part of the Project, it is proposed that ROM coal mined from the Wash Plant Pit will be loaded into road trucks and delivered via the existing approved coal haulage route to the RUM CHPP. This includes use of the private haul road and a short section of Liddell Station Road (refer to Figure 5.6). Haulage operations associated with coal from the proposed Wash Plant Pit will deliver approximately 1 Mtpa of coal to the RUM CHPP, requiring approximately 100 truck loads per day. It should be noted that this is approximately 25 per cent of Cumnock’s currently approved road haulage and will only occur for a period of approximately one year.

As discussed in Section 3.7, hauling of coarse reject from the RUM CHPP for emplacement at Cumnock will also occur by this route. Coarse reject will typically be hauled from the RUM CHPP to Cumnock on a campaign basis, with haulage occurring only a few days each month. In addition to emplacement at Cumnock, RUM will continue to utilise its other approved emplacement areas. On the limited number of days when haulage does occur, there will typically be approximately 100 truck loads per day from the RUM CHPP to Cumnock. However, RUM currently has some stockpiles of coarse reject at its pit-top site which require disposal. Therefore, during the initial phases of the project approximately 200,000 tonnes of coarse reject will be hauled to Cumnock on a campaign basis over a period of three months, requiring approximately 100 truck loads per day.

The combined coal haulage and coarse reject traffic movements, in periods when these activities overlap, will therefore result in approximately 200 truck loads per day (or 400 truck movements per day) on the haulage route between Cumnock and RUM. This volume is still

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.20

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment less than 50 per cent of Cumnock’s currently approved haulage volume and therefore, the total impact of the Project on traffic movements on Liddell Station Road will be less than what is currently approved.

To assist in facilitating the ongoing safe use of a short section of Liddell Station Road for coal and reject haulage, Cumnock through XCN propose to upgrade the pavement of Liddell Station Road. These pavement upgrades will be completed in consultation with Council and, as outlined in Section 4.0, will require an approval under the Roads Act 1993.

5.5.3 Rehabilitation Haulage

As discussed in Section 3.8, Cumnock propose to move some inert overburden material across Pikes Gully Road to facilitate long-term sustainability of some of the older rehabilitated areas at Cumnock. The movement of overburden material for emplacement in these areas will provide for an improved landform, with revegetation works to follow. This will require short-term haulage of overburden across Pikes Gully Road on a campaign basis for a period of a few weeks. Cumnock will prepare a traffic management plan for these works in consultation with Council so that these works are completed with the minimum practical disruption to traffic flows on Pikes Gully Road.

5.6 Mine Closure and Rehabilitation Strategy

5.6.1 Xstrata Coal NSW Mine Closure Planning Process

XCN has implemented a pro-active approach to rehabilitation and mine closure by developing a range of standards that are to be implemented across its business units. In particular, the XCN Mine Closure Planning Standard (XCN Closure Standard) (XCN 2007b) has been developed so that planning for closure is an integrated part of the life of mine planning process. The XCN Closure Standard provides specific guidance for developing, implementing and reviewing mine closure plans taking into consideration economic, social and environmental factors so that each of XCN’s operations meets statutory requirements and achieves a sustainable post-mining land use.

An example of the effective implementation of XCN’s commitment to environmentally sustainable mine closure is the New Wallsend No. 2 Colliery mine closure project which was awarded the inaugural NSW Minerals Council Environmental Excellence award in 2006. A similar closure process is currently being implemented for XCN’s Baal Bone Colliery near Lithgow.

The XCN Closure Standard includes trigger points and associated timeframes for several phases of mine closure planning, including the process of Detailed Closure Planning. The Detailed Closure Planning process requires detailed investigations so that final land use options are confirmed, the full scope of closure issues are identified, appropriate solutions (e.g. engineering solutions) are developed and adequate provisions are accrued so that post mining land use objectives are met following the execution of the Project Closure Plan.

With the current operations at Cumnock expected to exhaust economic coal reserves by the end of 2008, the detailed closure planning process for Cumnock commenced in 2006 in accordance with the XCN Closure Standard. A key outcome of this detailed closure planning process was that a final land use of woodland/grassland was determined through detailed analysis, including economic analysis, to be the preferred option across the site. However, in regards to the Cumnock South Open Cut voids in addition to the interim void that will result from the proposed Wash Plant Pit, it was recognised that the most appropriate land use

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.21 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment option for these areas was to allow for future tailings and coarse reject emplacement from XCN and potentially other mining operations.

As a result of the detailed closure planning process, it was also recognised that there was an opportunity to recover the small coal reserve located beneath the CHPP as part of the rehabilitation of the site. The detailed closure planning process was therefore a key driver for the now proposed Wash Plant Pit. The detailed closure planning process also identified that following the completion of mining in the Wash Plant Pit, the area would be rehabilitated to a woodland/grassland use, as discussed in further detail below.

5.6.2 Rehabilitation Strategy

Details of the planned rehabilitation strategy for Cumnock are outlined in the following sections.

Rehabilitation Objectives

As outlined above, the nominated end land use for Cumnock is woodland/grassland as well as use of the open cut voids for future tailings and coarse reject emplacement.

In regards to rehabilitating the area to woodland/grassland, rehabilitation activities will be aimed at establishing habitat for native fauna as well as creating vegetation corridor linkages with adjacent bushland areas associated with RUM to the east, Liddell Colliery to the north and Ravensworth West and Hunter Valley Operations to the south. The proposed final land use and landscape design has been designed to be compatible with adjoining lands and to fulfil the intent of the DPI’s ’Synoptic Plan: Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of NSW’ (EPA 2000). A plan showing these proposed vegetation corridor linkages is shown on Figure 5.7. These proposed revegetated areas amount to approximately 35 hectares of the proposed Wash Plant Pit and approximately 100 hectares in the Cumnock South Open Cut area.

Whilst it is planned to return the area to woodland/grassland, it is envisaged that this does not necessarily preclude the option of future rural land use activities such as grazing on parts of the Project Area. In which case, it is envisaged that measures would be implemented to manage grazing to enhance the functionality of the proposed native vegetation corridors.

Further objectives of the closure, decommissioning and rehabilitation of Cumnock will be to:

• create a stable final landform with acceptable post mining land capability;

• provide for the safety of employees and the public during and following the closure of the mining operations;

• minimise the potential for long-term environmental impact and liability;

• minimise the potential environmental impacts from closure activities;

• comply with relevant regulatory requirements and attain regulatory consensus on the successful closure and rehabilitation of the site;

• reduce the need for long term monitoring and maintenance by achieving effective rehabilitation;

• complete the closure, decommissioning and rehabilitation works as quickly and cost effectively as possible whilst achieving the objectives outlined above;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.22

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• ensure that the rehabilitated post-mining landform, including remaining structures will be physically and chemically stable and will not present a hazard to public health and safety;

• through rehabilitation of disturbed areas, provide a sustainable plant cover;

• implement appropriate control and remediation strategies in the event that contamination sources are identified, so as to prevent off-site impacts;

• ensure that the design periods and factors of safety for all site works take into account extreme events and other natural processes such as erosion; and

• provide for the successful relinquishment of all MLs and recovery of the security bond held by the DPI.

Preliminary Closure Criteria

Cumnock is required to develop and refine rehabilitation closure criteria in accordance with XCN’s Closure Criteria Development and Rehabilitation Monitoring Standard (XCN Closure Criteria and Rehabilitation Monitoring Standard) (XCN 2007b), which was prepared in consultation with the DPI.

The XCN Closure Criteria and Rehabilitation Monitoring Standard includes the following components:

• develop preliminary rehabilitation closure criteria in the context of an approved final land use plan/rehabilitation objective in consultation with key stakeholders (e.g. DPI, Council, local community);

• design and implement a rehabilitation monitoring program; and

• based on the outcomes of rehabilitation monitoring, seek to formalise the closure criteria in consultation with government and external stakeholders. This may require the refinement of the preliminary criteria to account for monitoring and research findings, stakeholders views and the modification of rehabilitation techniques where required to facilitate effective final rehabilitation.

The preliminary rehabilitation closure criteria that have been developed for Cumnock are outlined in Table 5.10. These criteria will be used as the basis for further refinement following the commencement of rehabilitation activities; consideration of the results of rehabilitation monitoring programs and research trials; and consideration of stakeholder feedback. It is envisaged that this process will occur as part of the development of the MOP and subsequent AEMRs that are submitted to DoP, DPI, Council and other key agencies.

Table 5.10 - Cumnock Preliminary Closure Criteria

Aspect Preliminary Closure Criteria Landform • Rehabilitated slopes are generally less than 10 degrees with a maximum of 14 degrees (subject to approval) • No significant erosion is present that would constitute a safety hazard or compromise the capability of supporting the end land use • Contour banks are stable and there is no evidence of overtopping or significant scouring as a result of runoff • Surface layer is free of any hazardous materials • Any final void has been assessed by a qualified geotechnical engineer to validate that it is stable and does not pose a safety risk

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.23 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Table 5.10 - Cumnock Preliminary Closure Criteria (cont)

Aspect Preliminary Closure Criteria Soil • Topsoil or a suitable alternative has been spread uniformly over the rehabilitation surface • Soil pH to be in the range of analogue sites • Monitoring demonstrates soil profile development in rehabilitated areas (e.g. development of organic layer, litter layer) Water • Runoff water quality from rehabilitation areas is within the range of water quality data recorded from analogue sites and does not pose a threat to downstream water quality Vegetation • Revegetation areas contain flora species assemblages characteristic of the desired native vegetation community, being Central Hunter Box Ironbark Woodland • Second generation tree seedlings are present or likely to be, based on monitoring in comparable older rehabilitation sites • More than 75 per cent of trees are healthy and growing as indicated by Long Term Monitoring • There is no significant weed infestation such that that weeds do not compromise a significant proportion of species in any stratum Fauna • Rehabilitated areas provide a range of vegetation structural habitats (e.g. eucalypts, shrubs, ground cover, developing litter layer etc.) Bushfire • Appropriate bushfire hazard controls have been implemented on the Hazard advice from the NSW Rural Fire Service

Decommissioning Activities

A summary of the general decommissioning activities that will be undertaken as part of the closure and decommissioning of Cumnock is outlined below. As discussed in Section 3.1, the demolition and removal of the CHPP and associated infrastructure will be undertaken prior to the commencement of the proposed Wash Plant Pit and are not part of this Project.

Site Services

It is envisaged that electricity services to any remaining infrastructure will be removed prior to the commencement of building demolition works. Other services such as telecommunication and water supply will also be removed.

Buildings and Fixed Plant

All buildings and fixed plant (including workshops, office, storage sheds, etc.) will be demolished and removed from the site. Where appropriate the materials recovered during demolition will be sold for re-use or recycled. It is envisaged that concrete footings and pads along with other potential inert building waste will be broken up and buried on site.

Removal of Carbonaceous/Contaminated Material

Excess coal material remaining at closure will be scraped-up and either reprocessed or disposed of within the tailings/coarse reject emplacement areas on site. Any remaining carbonaceous material (e.g. coal reject) on the base of the coal stockpile area will be either be capped with inert material or scraped-up and removed to the tailings/coarse reject emplacement area.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.24 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Where potential contamination may have occurred as a result of site activities (e.g. re-fuelling areas, workshops, etc), appropriate investigations will be undertaken to determine the presence and extent of any contamination. Where it is identified, contaminated material will be either bioremediated on site or disposed of off site at an authorised waste facility.

Equipment Storage Areas

As part of closure, if not before, any redundant plant or equipment will either be sold to scrap dealers or disposed of at an appropriate landfill facility by a licensed waste contractor. The storage areas will then be assessed for potential contamination (e.g. hydrocarbons) and remediation undertaken as required. Much of this contamination assessment has already been completed as part of the closure process currently underway for the Cumnock CHPP. This work has identified some minor contamination associated with hydrocarbons that will be remediated as part of the rehabilitation project.

Hardstand Areas

The hardstand areas around the administration building, stores area and workshop will be ripped up with the waste material being placed in the tailings/coarse reject emplacement areas within the Project Area.

Rehabilitation Techniques

Landform Design

The proposed final landform design for the Project Area, including both the proposed Wash Plant Pit and the Cumnock South Open Cut, is shown on Figure 5.7. The landform has been designed to be generally less than 10 degrees. Elements such as drainage paths, contour drains, ridgelines, and emplacements will be shaped, where possible, in undulating informal profiles in keeping with natural landforms of the surrounding environment.

Use of Topsoil and Organic Material

As outlined in Section 3.0, mining within the Wash Plant Pit will be generally restricted to within disturbed areas and as such, the availability of topsoil-type material will be limited to previously rehabilitated areas. Where there is an opportunity to salvage topsoil type material, the following measures will be adopted to protect its quality and enhance rehabilitation outcomes:

• where possible, topsoil will be stripped when moist to help maintain soil structure and to reduce dust generation;

• topsoil stockpiles are to be located away from mining, traffic areas and watercourses;

• level or gently sloping areas will be selected as stockpile sites to minimise erosion and potential soil loss;

• appropriate sediment controls will be installed at the base of stockpiles to prevent soil loss;

• stockpiles will be generally less than three metres high and will be set out in windrows to maximise surface exposure and biological activity;

• stockpiles to be kept longer than three months will be sown with a suitable cover crop to minimise soil erosion and invasion of weed species;

• weed growth will be monitored and subsequently controlled if necessary;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.25 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• prior to re-spreading, weed growth will be scalped from the top of the stockpiles to minimise the transport of weeds into rehabilitated areas; and

• stockpiles will be appropriately sign-posted to identify the area and minimise the potential for unauthorised use or disturbance.

Topsoil is available for rehabilitation of the Cumnock South Open Cut area, with topsoil stripped and appropriately stockpiled during mining of this area.

As it is anticipated that there will be a topsoil deficit for rehabilitation purposes, suitable topsoil alternatives (e.g. biosolids, green-waste etc.) will be sourced and dependent on availability, will be incorporated as part of rehabilitation as required.

Substrate Preparation

Surface preparation activities for rehabilitated areas will commenced as soon as possible following the completion of mining activities. The general surface preparation activities to be undertaken at Cumnock include:

• prior to revegetation activities, spoils and topsoils will be characterised to determine the type and application rate that may be required for the addition of soil ameliorants (e.g. gypsum, lime, fertiliser, biosolids etc.);

• appropriate soil ameliorants will be applied for incorporation into the final shaped surface;

• where direct tree seeding is planned, final shaped surfaces will be deep ripped parallel with the contour prior to the application of seed to provide for an adequate seed bed;

• where pasture seeding is planned the surface will be harrowed/tilled across the contour to provide for an adequate seed bed;

• suitable erosion control measures (e.g. catch drains, sediment dams, silt fences, mulches etc.) will be implemented to minimise soil loss from areas undergoing rehabilitation; and

• where appropriate and practical, structures such as tree hollows and logs will be incorporated into the final landform to augment the habitat value of the proposed vegetated corridors.

Revegetation

In general, revegetation activities at Cumnock will be undertaken in spring and autumn, however, opportunistic revegetation may be practised if areas become available for seeding or planting in summer and winter. After surface soil amelioration and tillage is completed for any given area, revegetation will commence as soon as practicable.

Primarily, revegetation will involve direct seeding of native species along with a cover crop as required to prevent soil loss and add biomass to the profile. A range of other techniques may also be utilised where appropriate over isolated areas associated with steep slopes. Revegetation techniques will be continually developed and refined over the life of the Project through a continual process of research, trialling, monitoring and improvement.

The revegetation process will aim to re-establish Central Hunter Box Ironbark Woodland on the rehabilitated areas, as this is the community that is expected to have occurred prior to agricultural/mining impact. This community is also consistent with the surrounding remnant vegetation.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.26 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

A list of the species that will be incorporated into the revegetation mix (dependent upon availability) to re-establish Central Hunter Box Ironbark Woodland on the rehabilitated areas is outlined in Table 5.11. Where possible, seed collected from the local area will be utilised.

Table 5.11 – Native Species Revegetation Mix

Species Name Common name Acacia amblygona Fan Wattle Acacia decora Western Golden Wattle Acacia falcata Hickory Wattle Acacia implexa Hickory Wattle Acacia paradoxa Kangaroo Thorn Acacia salicina Cooba Allocasuarina luehmannii Bulloak Angophora floribunda Rough-Barked Apple Aristida ramosa Wire Grass Aristida vagans Wire Grass Austrodanthonia fulva Wallaby Grass Austrostipa scabra Corkscrew Grass Austrostipa verticillata Slender Bamboo Grass Bothriochloa decipiens Red Grass Brachychiton populneus subsp. populneus Kurrajong Breynia oblongifolia Coffee Bush Bursaria spinosa subsp. spinosa Blackthorn Callitris endlicheri Black Cypress Pine Canthium odoratum Shiny-Leaved Canthium Cassinia quinquefaria Chloris ventricosa Tall Windmill Grass Cymbopogon refractus Barbed Wire Grass Cynodon dactylon Couch Dianella caerulea Blue Flax Lily Dodonaea viscosa A Hop Bush Eragrostis brownii Brown’s Lovegrass Eragrostis leptostachya Paddock Lovegrass Eucalyptus crebra Narrow-Leaved Ironbark Eucalyptus moluccana Grey Box Hibbertia obtusifolia Hoary Guinea Flower Jacksonia scoparia Dogwood Lomandra multiflora subsp. multiflora Many-Flowered Mat-Rush Maireana microphylla Eastern Cottonbush Microlaena stipoides var. stipoides Weeping Grass Myoporum montanum Western Boobialla Notelaea microcarpa var. microcarpa Native Olive Olearia elliptica subsp. elliptica Sticky Daisy Bush Panicum effusum Hairy Panic Phyllanthus virgatus Pimelea curviflora Rice Flower

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.27 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Table 5.11 – Native Species Revegetation Mix (cont)

Species Name Common name Sigesbeckia orientalis subsp. orientalis Indian Weed Solanum cinereum Narrawa Burr Spartothamnella juncea Native Broom Sporobolus creber Slender Rat's Tail Grass Swainsona galegifolia Smooth Darling Pea

A local pasture species mix may also be used in some areas, particularly on steeper slopes or in drainage lines to prevent scouring and subsequent soil loss.

A plan showing the revegetation design over the final landform for Cumnock is shown in Figure 5.6. It is proposed to establish approximately 135 hectares of Central Hunter Box Ironbark Woodland as part of the Project.

Rehabilitation Monitoring

As per the XCN Closure Criteria and Rehabilitation Monitoring Standard (XCN 2007b), Cumnock will implement a rehabilitation monitoring program to include but not be limited to the following:

• Rehabilitation Methodology Records

Cumnock will record the details of each rehabilitation campaign so that they are available for later interpretation of rehabilitation monitoring results with the aim of continually improving rehabilitation standards on site.

• Annual Rehabilitation Inspection

At least annual inspections of rehabilitated areas will be undertaken over the life of the Project to assess soil conditions and erosion, drainage and sediment control structures, runoff water quality, revegetation germination rates, plant health and weed infestation. Outcomes of the annual rehabilitation inspection will be recorded and any required management actions that are identified as part of the inspection implemented as soon as practical. Where necessary, rehabilitation procedures will be amended accordingly with the aim of continually improving rehabilitation standards.

• Long Term Rehabilitation Monitoring

The objective of this monitoring is to evaluate the progress of rehabilitation towards fulfilling long term land use objectives. The monitoring program will be continued within rehabilitation as well as non-mined areas until it can be demonstrated that rehabilitation has satisfied the closure criteria. Information from this monitoring program will also be used to refine closure criteria as required.

Revegetation Care and Maintenance

Dependent upon the outcomes of the rehabilitation monitoring programs as outlined above, the scope of the rehabilitation care and maintenance phase may include the following:

• weed and feral animal control of rehabilitation;

• erosion control works;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.28 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• re-seeding/planting of rehabilitation areas that may have failed;

• maintenance fertilising; and

• repair of fence lines, access tracks and other general related land management activities.

It is envisaged that this program will be continued as required until it can be demonstrated that the rehabilitation of the Project Area has satisfied the closure criteria.

5.7 Other Environmental Assessment Issues

5.7.1 Ecology

The only aspect of the Project that has the potential to impact on any areas not previously disturbed by mining activities is the proposed Wash Plant Pit, with all other aspects of the Project to be contained within existing and approved disturbed mining areas. The majority of the Wash Plant Pit site has, however, been subject to ongoing disturbance by mining activities since the 1950s.

An ecology survey and assessment was undertaken for the proposed Wash Plant Pit (the study area) in accordance with the Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities, Working Draft, November 2004 (DEC, 2004). A summary of the key findings of the ecological assessment is provided below, with the full ecological assessment report included as Appendix 7.

5.7.1.1 Existing Flora and Vegetation Communities

A total of 60 flora species were recorded during surveys of which 35 are native species. Species were recorded from a total of 26 plant families, the most speciose families being Fabaceae (12 species), Myrtaceae (8 species), Poaceae (7 species) and Asteraceae (7 species).

Surveys of the study area identified three vegetation communities (refer to Figure 5.8):

• approximately 8.2 hectares of Disturbed Grassland;

• approximately 1.5 hectares of Central Hunter Box – Ironbark Woodland; and

• approximately 3 hectares of Rehabilitation.

No threatened flora species, endangered populations or Threatened Ecological Communities (TECs) were identified within the study area during the flora survey. Central Hunter Box – Ironbark Woodland is considered to be of regional significance due to the extent of past clearing of this community across the region.

5.7.1.2 Existing Fauna

A total of 30 fauna species were recorded in the study area, including one species, the eastern bentwing-bat (Miniopterus schreibersii oceanensis), listed as vulnerable on the TSC Act. No species listed as migratory on the EPBC Act were recorded in the study area. Fauna species diversity at the proposed Wash Plant Pit site is considered to be low with the highly modified and fragmented habitat generally providing poor or marginal habitat for each of the major taxonomic groups.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.29

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Decommissioned portals and drifts associated with Cumnock’s former underground operations are considered to provide potential cave roosting bat habitat, with the inland broad-nosed bat (Scotorepens balstoni) recorded roosting in a Lower Pikes Gully seam portal at the base of an existing highwall in the Wash Plant Pit area. Surveys of the partially inundated Barrett seam workings in 1999 (Hoye, 1999) identified the presence of approximately 100 eastern bentwing-bats. Subsequent surveys identified a maternity colony of between 1000 and 2000 individuals (Glenn Hoye pers comm.). Detailed investigations of potential mine infrastructure habitats as part of this assessment (refer to Appendix 7) have identified that safety controls and the rehabilitation of drifts and their entries as part of progressive mine closure appears to have prevented microbat access to the former workings, reducing their habitat potential.

The eastern bentwing-bat (Miniopterus schreibersii oceanensis) was recorded from analysis of echolocation calls from the all night Anabat detector located outside of a Lower Pikes Gully portal within the study area (refer to Figure 5.8). The location of the Anabat detector on the outside of the portal means that the species may have been flying over the study area, rather than roosting within the portal. Subsequent micro-bat study on 30 October 2008 failed to record eastern bentwing-bats exiting the portals or drifts at dusk, or returning to roosting locations at dawn.

Similarly, detailed habitat assessment of the former mine working entries that may provide potential habitat for micro-bats, along with Anabat detector surveys, harp trapping and stag watching the Barrett seam drifts, failed to identify any bats exiting the drifts at dusk, indicating that the former Cumnock underground workings were not providing a significant micro-bat habitat at the time of the survey.

5.7.1.3 Ecological Impact Assessment

The Project Area is located in a region that has been subject to a long history of vegetation clearing for grazing practices and, within the last 20 years, open cut mining. This has led to the current state of vegetation fragmentation and highly disturbed landscapes. Remnant fragments of vegetation consist mainly of canopy species with little diversity in the understorey.

In terms of general diversity of flora species, the Wash Plant Pit site is not representative of surrounding areas, having a lower than typical flora species diversity. The Wash Plant Pit site is highly disturbed due to past and ongoing mining and coal handling and processing activities. Overall plant species diversity is considered to be low, with a total of 60 flora species recorded, of which 25 (41 per cent) are introduced species. No threatened or significant flora species were recorded at the Wash Plant Pit site and none are expected to occur.

The Project will result in the loss of approximately 3.9 hectares of disturbed grassland, approximately 1.5 hectares of Central Hunter Box Ironbark Woodland and approximately 6.5 hectares of rehabilitation. Peake (2006) identified approximately 14,818 hectares of Central Hunter Box-Ironbark Woodland remaining in the region. The loss of approximately 1.5 hectares of this community is therefore very small in a regional context and is not expected to be significant from a local or regional perspective. The re-establishment of approximately 135 hectares of Central Hunter Box-Ironbark Woodland as part of the rehabilitation of the site will also more than adequately offset the impact of the Project on this community.

The remaining vegetation at the Wash Plant Pit site and in the local area generally, is highly fragmented with pockets of vegetation of varying sizes, features and habitat quality. The Wash Plant Pit site consists mainly of Rehabilitation and Disturbed Grassland with pockets of remnant trees with little to no understorey vegetation present. Such areas are likely to

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.30 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment provide greatly reduced protection to fauna species, particularly when dispersing, and consequently provide lower quality fauna habitat. Despite this, a total of 30 fauna species were recorded using the Wash Plant Pit site including one threatened micro-bat species.

The proposed ecological management measures outlined in Section 5.7.1.4 will limit potential impacts on flora and fauna species and vegetation communities. This includes the progressive revegetation of mining areas with native vegetation communities; pre- disturbance monitoring of potential micro-bat habitats; and implementation of pre-clearing surveys to reduce potential impacts on native flora and fauna species and in particular threatened species.

Impact on Threatened Species, Populations and Threatened Ecological Communities

No threatened flora species, endangered populations or TECs listed on the TSC Act were recorded at the Wash Plant Pit site. One threatened fauna species, the eastern bentwing-bat (Miniopterus schreibersii oceanensis), listed as vulnerable on the TSC Act was identified. Potential habitat for an additional four threatened micro-bat species was also identified. A detailed assessment of significance was completed as part of the ecological assessment (refer to Appendix 7) and concluded that the Project will not have a significant impact on any threatened species, endangered populations or TEC.

No EPBC Act listed threatened species or endangered ecological communities (EECs) were recorded at the Wash Plant Pit site during surveys, and only one fauna species, the large- eared pied bat (Chalinolobus dwyeri) was considered to have potential to occur due to the presence of suitable habitat. An assessment of significance was conducted for this species in accordance with the EPBC Act (refer to Appendix 7). The assessment concluded that the Project will not have a significance impact on threatened species or EECs.

As the Project is located in a local government area specified under SEPP 44 Koala Habitat Protection an assessment was undertaken based on an initial determination of whether the Wash Plant Pit site constitutes potential koala (Phascolarctos cinereus) habitat. Two koala feed tree species, forest red gum (Eucalyptus tereticornis) and grey gum (Eucalyptus punctata), were recorded in the study area. These species do not constitute 15 per cent or more of the total number of trees in the upper or lower strata of the tree component. Thus, the study area does not contain potential koala habitat, and further assessment under SEPP 44 is not required.

5.7.1.4 Proposed Ecological Management and Mitigation Measures

The following ecological management and impact mitigation measures will be implemented as part of the Project.

Micro-bat Impact Mitigation

While survey and habitat assessments undertaken as part of the Project identified that the former underground mining workings at the Wash Plant Pit site are not currently providing significant habitat for micro-bat species, the site has been used in the past and potential habitat remains.

To address this issue, additional surveys are proposed immediately prior to the removal of portals and drifts as part of the mining operation. These surveys will include Anabat detection analysis of the Lower Pikes Gully seam portals and Liddell seam conveyor drift which cannot be harp trapped and stag watched, and a combination of Anabat detection analysis, harp trapping and stag watching of the Barrett seam drifts. These additional surveys will identify whether the potential roost sites remain unoccupied. In the event that bat roosts are identified, further specific management recommendations will be formulated to

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.31 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment minimise the impact of the Project on roosting bats. This may include sealing of entries following bats leaving the roosts at night to prevent mortality; and consideration of the timing of mining disturbance to avoid sensitive times for any micro-bats that may be found using the former underground workings.

Protection and Management of Arboreal Habitat

Cumnock will implement a detailed pre-clearance survey and clearing procedure to ensure the minimisation of impacts on arboreal fauna species and habitat. This procedure will be implemented for the clearing of all vegetation within the Central Hunter Box – Ironbark Woodland community, as this is the only vegetation community that contains a small number of hollow bearing trees.

Timing of Clearing

The timing of clearing operations will be designed to reduce the potential for impact on breeding species, particularly threatened micro-bats. Clearing will (where possible) avoid the winter months when micro-bats are in a state of torpor.

Rehabilitation

Approximately 35 hectares of the Wash Plant Pit site will be rehabilitated following completion of mining activities. An additional approximate 100 hectares of the Project Area will be rehabilitated over the life of the Project with the progressive rehabilitation of the Cumnock South Open Cut area.

The objectives of rehabilitation for the Wash Plant Pit site include to:

• achieve a final landform that is stable and free draining, with final rehabilitation slopes less than 10o;

• ensure that rehabilitation is undertaken as soon as practicable following cessation of mining activities ; and

• reinstate the Central Hunter Box – Ironbark Woodland within the limits of best practice rehabilitation techniques and the post-extraction environment.

Further details of the proposed rehabilitation works are provided in Section 5.6.

5.7.2 Aboriginal and Historical Heritage

5.7.2.1 Aboriginal Heritage

The only aspect of the Project that has the potential to impact on any areas not previously disturbed by mining activities is part of the proposed Wash Plant Pit. The majority of this area has, however, been subject to ongoing disturbance by mining activities since the 1950s.

Archaeological Inspection

An archaeological inspection of the south-western portion of the Wash Plant Pit site was conducted by Umwelt archaeologists on 3 August 2007 and of the eastern portion of the Wash Plant Pit site on 30 October 2008 (Umwelt, 2008).

Due to the extensive disturbance across much of the Wash Plant Pit site, the inspections focused on the portions of the site that were identified as retaining some potential to contain extant archaeological sites, namely sections of the south-western portion of the site and the

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.32 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment eastern portion of the site. The objective of the inspection was to identify any Aboriginal objects that may be present within the Wash Plant Pit site (if any) and to consider the likelihood that Aboriginal objects may be present but not visible.

To meet this objective, the inspection involved both a ground surface inspection and the recording of environmental characteristics such as landform, vegetation cover and ground surface visibility. The inspection also involved evaluation of the archaeological potential of the Wash Plant Pit site, based on the current understanding of archaeological sensitivity of landforms within the area and the integrity of each inspected location.

The inspection confirmed that the majority of the Wash Plant Pit site has been heavily impacted by historical mining activities. Those areas that are less disturbed contain very thin deposits of upper unit soils, with the skeletal nature of soil coverage similarly limiting the potential that intact deposits of Aboriginal objects will be preserved. Furthermore, it is predicted that any archaeological evidence in this area prior to mining commencing in the 1950s would have been relatively limited in terms of the number of sites and the density of artefacts within any potential sites.

No Aboriginal objects (or archaeological sites) or areas of potential archaeological deposit were identified within the Wash Plant Pit site.

Aboriginal Cultural Considerations

Aboriginal people value their heritage for a range of reasons, some of which are unique and some of which may be shared with non-Aboriginal people. Thus, Aboriginal people may consider a site containing archaeological material important for reasons related to its archaeological value but may also see the site as a tangible aspect of their culture that provides a direct link to Aboriginal people in the past. Sites, places or landscapes may also be of importance to Aboriginal people for reasons not linked to the presence of tangible archaeological materials such as the presence of places of spiritual importance, significant resources or important natural features. The Aboriginal cultural perspective can only be provided by Aboriginal people.

Consultation with Aboriginal stakeholders in relation to the Aboriginal cultural heritage within the Cumnock land holdings has been undertaken for past projects and for the development of the Cumnock Aboriginal Cultural Heritage Management Plan (ACHMP). In relation to Aboriginal cultural heritage within the area assessed by HLA (2001b), including the land now proposed for the Wash Plant Pit, the Wonnarua Tribal Council stated that ‘The Wonnarua people consider that all sites within their traditional homeland are of high importance and are in need of proper care and protection.’ (Perry 2001:9). However, no specific Aboriginal cultural values were ascribed to the land now proposed for the Wash Plant Pit. The Cumnock ACHMP was prepared in consultation with the relevant Aboriginal stakeholders at that time for the express purpose of being applicable to all identified items of cultural heritage within the area owned and managed by Cumnock (Cumnock 2003:1). The Cumnock ACHMP does not identify any specific cultural heritage values for the area of land now proposed for the Wash Plant Pit.

Archaeological Considerations

From an archaeological perspective, it is necessary to consider the potential impacts of a proposed Project on both Aboriginal objects that may be visible and those that may be present but not visible (that is, in a sub-surface context or not detectible due to lack of archaeological visibility).

Due to the extremely high level of disturbance involving historical vegetation clearance and wholesale removal and/or relocation of soils across the majority of the Wash Plant Pit site it

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.33 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment is considered highly unlikely that Aboriginal objects will remain extant within this area. The eastern portion and sections of the south-western portion of the Wash Plant Pit site were not specifically recorded during the archaeological inspection as having been subject to extensive impact (Umwelt, 2008). These areas were therefore inspected in relation to their potential to contain Aboriginal objects. No Aboriginal objects (sites) or areas with greater than low archaeological potential were identified within the inspected areas and it is highly unlikely that the Project will result in impacts to Aboriginal objects. There is therefore no requirement to apply for an Aboriginal Heritage Impact Permit under Part 6 of the National Parks and Wildlife Act 1974 (NPW Act).

5.7.2.2 Historical Heritage

Historical archaeology is the study of the past using physical evidence in conjunction with historical resources. In Australia, historical archaeology generally relates to the period since European arrival in 1788. Historical archaeological potential is defined as the likelihood that a site may contain physical evidence related to an earlier phase of occupation, activity or development. Physical evidence of an archaeological site could be in the form of building foundations, occupation deposits, features and artefacts.

As discussed in Section 5.7.2.1, the only aspect of the Project that has the potential to impact on any areas not previously disturbed by mining activities or structures which may have some potential to be of heritage value, is the proposed Wash Plant Pit. The majority of this area has, however, been subject to ongoing disturbance by mining activities since the 1950s.

A historical heritage review of the Wash Plant Pit site was undertaken to gain an understanding of any potential historical heritage issues associated with the Project. This review included a desktop review of register searches of statutory and non-statutory databases and available relevant literature, in addition to a survey of the Project Area.

Historical Context

Settlement of the Singleton/Jerrys Plains area by non-Aboriginal people was initiated in approximately 1822 (Burton, Thorp and Koettig 1990:13). In 1824 James Bowman (surgeon and pastoralist) was granted a lease on the property Ravensworth (situated to the east of the Project Area). James Bowman arrived in NSW in 1816 as a surgeon appointed to the convicts. He was later employed as the inspector of colonial hospitals. When granted the Ravensworth Estate in 1824 he purchased additional land between Singleton and Muswellbrook to increase the size of his estate to over 12,000 acres (Gray 1996).

By 1828 most of the land bordering the Hunter River, Glennies Creek and Bowmans Creek had been issued as land grants (Burton, Thorp and Koettig 1990:13). The majority of land holdings were used for pastoral purposes and were not heavily settled. By the 1830s homesteads had been constructed on many of the major landholdings in the region. However, development of traditional ‘village’ type settlements remained limited (Burton, Thorp and Koettig 1990:15). By the mid to late 1800s, land within the Singleton district had been alienated and was held by a small number of families. Land was primarily still used for pastoral purposes and population density remained very low (Burton, Thorp and Koettig 1990:16). Gradual population growth and the expansion of settlement occurred through to 1940 but it was not until after 1940 that villages and towns began to notably increase in size in association with the introduction of large scale coal mining (Burton, Thorp and Koettig 1990:18).

A search of parish maps for the area revealed that by 1906 the Wash Plant Pit site was in the ownership of John Byrne, F.B. F.H. and S.B. McMahon and J. Whitten. Subsequent parish maps (dated to 1927 and 1945) indicate that, whilst still in private ownership, the Wash Plant

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.34 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Pit site was within a larger grouping of properties proclaimed as ‘Coal Mine Reserve’ and ‘State Coal Mine’ by December 1927. Mining commenced within the project area in the 1950s.

Cumnock is the former Liddell State Coal Mine; established in the early 1950s and operated by the State Mines Control Authority. In 1973 control of the mine was given to the Electricity Commission of NSW. Cumnock purchased the mine from the Electricity Commission in 1991. Workings within the Liddell Seam at Cumnock date back to 1950 operations and were completed in June 1993, while mining operations in the Lower Pikes Gully Seam ceased in 2003. Decommissioning of the underground mine works began in 2003.

Current infrastructure located on the CHPP site will be decommissioned/removed prior to the commencement of this Project (refer to Section 3.1).

Relevant Previous Studies

Regional Study of Heritage Significance Central Lowlands Hunter Valley 1990

A regional assessment of European heritage of the Hunter Valley central lowlands was undertaken by Thorp (Burton, Thorp and Koettig 1990) and highlighted a number of significant items of historical heritage in the Singleton and Muswellbrook areas, including the Chain of Ponds Hotel (located outside of and to the north of the Project Area). Subsequent research regarding the Chain of Ponds Hotel resulted in this item being listed as State significant on the Register of the National Estate. The Hotel was constructed in the 1820s to service coach and horse traffic between Morpeth and Tamworth (Australian Heritage Database, 16 April 2007). Large items of built heritage such as the Chain of Ponds Hotel form part of a broader cultural landscape that included items of material culture such as agricultural machinery, industrial items associated with coal mining and power generation, fencelines, stockyards and smaller dwellings, all of which provide a more complete illustration of use of the area by non-Aboriginal people (Burton, Thorp and Koettig 1990:21).

The only potential for the Project to impact on the Chain of Ponds Hotel is via blasting impacts. The potential for blasting impacts on the Chain of Ponds Hotel was assessed in Section 5.3, indicating that the Project will comply with the relevant blasting criteria and will therefore not adversely impact on this heritage site.

Environment Impact Statement 2001

HLA Envirosciences Pty Ltd (HLA) undertook an archaeological survey of the Project Area and a search of relevant heritage registers as part of an EIS for Cumnock No. 1 Colliery (HLA, 1996a).

No items of historical heritage, as identified in Schedule 3 of the Singleton Local Environmental Plan (LEP) 1996, were found to be present within or in the immediate vicinity of the Project Area. Ravensworth School (identified as being of local significance on the LEP), Ravensworth Homestead (identified as being of regional significance on the LEP) and the former Chain of Ponds Hotel (identified as being of State significance on the LEP) were all identified as being in the vicinity of but outside the Project Area. No items of natural heritage on the Register of the National Estate were identified within the Project Area (HLA 2001b).

Heritage Listings

A review of the Australian Heritage Database maintained by the Department of the Environment, Water, Heritage and the Arts (DEWHA), the State Heritage Register and State Heritage Inventory maintained by the NSW Heritage Council, the Register of the National

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.35 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Trust (NSW), the Hunter Regional Environmental Plan 1989 (Heritage) and the Singleton LEP 1996 disclosed no listings within, or in the immediate vicinity of the Wash Plant Pit site.

Site Inspection

Inspections of the Wash Plant Pit site were conducted by Umwelt archaeologists in conjunction with the Aboriginal archaeological inspection (refer to Section 5.7.2.1). The inspection identified that there has been extensive previous disturbance across much of the Wash Plant Pit site. With the exception of a partially collapsed timber supported adit possibly dating to the 1950s underground workings, no potential historical archaeological sites or historical heritage items were identified during the site inspection.

Significance Assessment

The NSW Heritage Council has adapted specific criteria for assessing significance. Although a detailed assessment of significance has not been documented as part of this historical heritage review, the NSW Heritage Council criteria have been considered in assessing the significance of the adit identified during the site inspection.

Much is known about the historical development of the Hunter Valley area, in particular in relation to the mining industry. The surviving adit would be of typical construction and technology for coal mines operating in the mid to late twentieth century and is unlikely to provide information not already known from other sources. There are no known associated mid twentieth century mine workings or buildings surviving on site, as a result the partially surviving adit has lost much of its context and any associations with the former mid twentieth century Cumnock mine workings. Although part of an ever decreasing resource, there are other mine sites with substantial surviving physical evidence of mine workings and pit-top structures (for example Stanford Main No. 2).

The surviving, partially collapsed, adit possibly dating to the 1950s underground Cumnock mine workings is considered as not being of heritage significance.

Historical Heritage Management Strategy

No potential historical archaeological sites or historical heritage items have been identified within the Wash Plant Pit site, with the exception of an adit possibly relating to the 1950s workings at the mine.

The partially collapsed adit is considered as not being of heritage significance.

In the unlikely event that unexpected or significant historical archaeological remains not identified as part of this study are discovered in the Project Area all works in the immediate area will cease and the Heritage Branch, DoP, notified.

No further historical heritage management measures are required for the Project.

5.7.3 Visual Impacts

Existing Visual Amenity

The visual character of the upper Hunter Valley is diverse, with a range of landforms, vegetative cover patterns and land uses resulting in considerable variations in scenic quality. The valley floor is subject to a broad range of land uses including agriculture, residential, industrial and mining. Extensive clearing has occurred to allow these land uses, while the slopes surrounding the valley floor remain largely vegetated and undeveloped.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.36 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Land use surrounding the Project Area is dominated by mining and heavy industry, including Liddell and Bayswater Power Stations, active open cut and underground mining areas, mining infrastructure, coal handling infrastructure including conveyors, and rail facilities. Lake Liddell and Liddell Coal Mine are situated directly north of the Project Area, with the Ravensworth West and Hunter Valley Operations mines located in close proximity to the south (refer to Figure 1.2). Views to the east of the Project Area include RCT’s and RUM’s existing facilities which include the pit-top facility, CHPP, stockpiles, conveyors, a series of storage bins and rail loading facility. Directly west of the Project Area is Bayswater Power Station. The extent of mining and other heavy industry surrounding the Project Area has significantly impacted on the visual amenity of the area, providing a significant visual contrast to the agricultural areas and remnant vegetation which are also key visual characteristics of the Upper Hunter Valley area.

The New England Highway dissects the Project Area, providing extensive views of the industrial character of the area. Cumnock’s existing facilities, including the CHPP, are visible from several points along the New England Highway.

Some areas of grazing land and patches of native vegetation also surround the Project Area providing areas of low to moderate scenic quality.

Night-time Scenic Quality

The 24 hour mining operations within and adjacent to the Project Area detract from the overall scenic quality of the area at night. The concentration of heavy industry and mining operations in such close proximity results in a night-time glow that emanates to the surrounding area. Mine management practises for reducing light emissions, including mine planning and strategic placement of lighting and equipment can significantly minimise the changes to night-time scenic quality. Cumnock implements such controls as part of its current operations in the Cumnock South Open Cut area.

Visibility of the Project

Components of the Project that have the potential to be visible from the nearest residences (approximately 7 kilometres to the north) and from the New England Highway are limited to the overburden emplacement area associated with the proposed Wash Plant Pit. There will be more extensive views of Cumnock’s operations possible from Pikes Gully Road and Liddell Station Road, being the local roads that provide access to the site, however, these roads are primarily used by mining traffic.

The use of lights and mobile plant equipment as part of the Project may impact on the night- time scenic quality of the surrounds, but will not significantly affect the overall night-time glow as current night-time operations at Cumnock including in the South Open Cut and the CHPP will cease.

Viewing Points and Assessment Methodology

There will be limited potential for visual impacts associated with the Project given that it is situated centrally within an area dominated by heavy mining and industrial activities. There are a few privately owned residences approximately 7 kilometres north of the Project Area which may potentially have views of the Project. The remaining surrounding residences are to the south and south-east of the Project area at distances of over 11 kilometres. There are intervening mining operations between Cumnock and all of these surrounding residential locations.

An initial visual assessment was undertaken for the Project to identify surrounding locations from which views of project-related activities may be possible. A radial topographic analysis

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.37 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment technique was used as part of this assessment to identify areas potentially visible from a particular viewing location, based on ground topography alone (i.e. no allowance was included for screening vegetation). The assessment was undertaken from 10 residential locations, one recreation reserve and other potential public viewing locations (e.g. public roads) surrounding the Project Area (refer to Figure 5.9).

The initial assessment found that based on topography alone, parts of the overburden emplacement area will be visible from residences to the north of the Project Area along Antiene Railway Station Road, from Lake Liddell Recreation Reserve, and from vehicles travelling along the New England Highway. The assessment also indicated that the remaining components of the Project are not expected to be visible except from the local roads that provide access to the site.

A representative viewing location was selected for each of the areas predicted to have potential for views of the Project and a further detailed visual assessment completed using transect analysis. Transect analysis was not undertaken for views from the New England Highway due to the variable visibility along the road and the nature of the existing views from the road. Detailed transect analyses were undertaken for residential locations to the north of the Project Area on Antiene Railway Station Road and Lake Liddell Recreation Reserve (refer to Figures 5.10 and 5.11). The transects completed were:

• from Antiene Railway Station Road residence (location 5) through Lake Liddell to the Wash Plant Pit Overburden Emplacement Area; and

• from Lake Liddell Recreation Reserve through Lake Liddell to the Wash Plant Pit Overburden Emplacement Area.

Visual Impacts

As discussed above, views of the Project from residential locations will be limited to distant views (over a distance of approximately 7 kilometres) of the Wash Plant Pit overburden emplacement area and filtered views from Lake Liddell Recreation Reserve. There will also be views of overburden emplacement area when travelling along the New England Highway. Given the existing visual character of the local area, the distance of residences from the Project Area, the presence other existing mining areas and infrastructure and given the small scale and short duration of the proposed mining operations, the potential for the Project to adversely impact on the existing visual amenity of the area is limited. Once mining operations are complete, the rehabilitation of the Cumnock site will provide for improved visual amenity, through rehabilitation to native woodland vegetation as discussed in Section 5.6.

The findings of the visual impact assessment and detailed transect analysis are discussed below for each potential viewing area separately.

Northern Residences

Residences along Antiene Railway Station Road to the north of the Project Area (Figure 5.11) will have distant views of the overburden emplacement area for the proposed Wash Plant Pit and associated mining equipment working on this emplacement area. These residences are situated on low lying grazing land north of Lake Liddell and more than 7 kilometres from the Project. These residences are closer to and currently have views of Liddell Coal mine, the Newdell CHPP, and also of other mining operations and heavy industry including Bayswater Power Station and filtered views of Liddell Power Station.

Figure 5.11 shows that residents will potentially have views of earthworks and mining equipment whilst the overburden emplacement area is being developed. The mining of the

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.38

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment proposed Wash Plant Pit is expected to take approximately one year, followed by rehabilitation. The visual impacts of the proposed Wash Plant Pit will therefore be short- term, with rehabilitation resulting in improved visual amenity.

Given the existing views from these residences, the distance from the Project Area, the screening from existing vegetation, that other existing mining areas and infrastructure are closer than the proposed Wash Plant Pit, and given the small scale and short duration of the proposed mining operations, the Project is not considered likely to significantly impact on the existing visual character for these residences.

Lake Liddell Recreation Reserve

The reserve is situated on the northern shoreline of Lake Liddell allowing filtered views of the proposed Wash Plant Pit overburden emplacement area at a distance of approximately 5 kilometres (refer to Figure 5.12). Views of the overburden emplacement area and associated mining equipment from the reserve will be partially screened by existing vegetation and the Newdell CHPP and are considered to be consistent with the surrounding visual character.

Given the existing views from this location, the distance from the Project Area, the screening from existing vegetation, that other existing mining areas and infrastructure are closer than the proposed Wash Plant Pit and given the small scale and short duration of the proposed mining operations, the project is not considered likely to significantly impact on the existing visual character.

New England Highway

The New England Highway passes immediately south of the Project Area and will provide views of the overburden emplacement area and associated mining equipment during mining of the proposed Wash Plant Pit. Highway traffic will have interrupted views of the Project due to topography, existing roadside vegetation and road cuttings.

Due to the speed of vehicles on the highway, these views will be limited to brief glimpses between screening vegetation and topography. With the prevalence of mining infrastructure and industry within the immediate surrounds of the Project Area, and the small scale and short duration of the proposed mining operations, it is considered that the impact of the Project on the existing visual amenity will not be significant.

Other Locations

As discussed above, there will be extensive views of Cumnock’s operations possible from Pikes Gully Road and Liddell Station Road, being the local roads that provide access to the site, however, these roads are primarily used by mining traffic. It is not considered likely that the Project will significantly alter the existing visual character of these locations.

Night Lighting

Potential night lighting impacts associated with the Project will be related to the proposed night-time mining operations, in particular mobile lighting on the overburden emplacement area and lights from mining equipment. Effective mine management practises for reducing light emissions including the strategic placement of lighting plant and mining equipment will reduce the night-time glow from the Project. Considering the relatively small scale of the Project compared to surrounding operations, an adverse impact on night-time scenic amenity is unlikely.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.39

Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

It should also be noted that the existing components of Cumnock’s operations which have the potential to impact on night-time amenity, being the Cumnock South Open Cut operations and the CHPP, will cease prior to the commencement of the Project, with the overall impact of Cumnock’s operations on night-time visual amenity unlikely to significantly change from the existing situation.

Proposed Visual Controls

Although the Project is considered unlikely to significantly impact on existing visual amenity, the following visual controls will be implemented as part of the Project:

• procedures will be implemented for use of mobile lighting plant for night-time operations which will include:

placement of lighting plant so that they are placed in locations that do not impact on surrounding residences and traffic on the New England Highway; use of louvers or shields on lighting plants in exposed dump areas to reduce fugitive light emissions; and use of specific night-time dumps where possible to limit the potential for lighting impacts; • all fixed external lighting will be designed to minimise excessive night glow and will comply with Australian Standard AS4282 (INT) 1995 – Control of Obtrusive Effects of Outdoor Lighting; and

• all new site buildings will be coloured in suitable natural tones.

5.7.4 Greenhouse Gas and Energy

A Greenhouse Gas and Energy Assessment (GHGEA) has been completed for the Project in accordance with the framework and objectives of the National Greenhouse and Energy Reporting System (NGERS) (DCCb, 2008) and methodology established in the National Greenhouse and Energy Report (Measurement) Technical Guidelines 2008 v1.0 (NGERS: TG) (DCCc, 2008).

A summary of the key findings of the assessment is provided below, with the full GHGEA report included as Appendix 8.

Estimations of greenhouse gas emissions for the Project were made using data provided by Cumnock and referring to the specific assumptions, methodology, algorithms and precedence outlined in the following documents and legislation:

• Department of Climate Change National Greenhouse and Energy Reporting (Measurement) Technical Guidelines, 2008 v1.0 (NGERS: TG) (DCCc, 2008);

• National Greenhouse and Energy Reporting Act, 2007 (NGER Act);

• Department of Climate Change Australian Methodology for the Estimation of Greenhouse Gas Emissions and Sinks 2006: Energy (Fugitive Fuel Emissions) (DCCa, 2008);

• Department of Climate Change Australian Methodology for the Estimation of Greenhouse Gas Emissions and Sinks 2006: Energy (Stationary Sources) (DCCf, 2007);

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.40 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• Report of the Independent Hearing and Assessment Panel for the Anvil Hill Coal Project: Greenhouse Gas Addendum Report to the Director-General, Department of Planning, May 2007 (Anvil Hill IHAP) (Anvil Hill IHAP, 2007); and

• World Business Council for Sustainable Development (WBCSD) and World Resources Institute (WRI) Greenhouse Gas Protocol 2004 (GHG Protocol) (WBC, 2004).

The GHGEA assesses the emissions and energy consumption from the Project, and the Full Life Cycle1 and transport of the product coal. The findings of the assessment are provided in Appendix 8 and are summarised in Section 5.7.4.1.

5.7.4.1 Cumnock GHGEA Emissions Results

The emissions profile that applies to the Project is broadly described in Table 5.12

Table 5.12 - Summary of Greenhouse Gas (GHG) Emissions from Proposed Cumnock Wash Plant Pit

Activity Description of GHG Emissions Categories Cumnock GHGEA Emissions Profile Scope 1 Covers direct emissions from the combustion • Diesel consumption; of fuels (for example, diesel) and industrial • Explosives; processes within the boundary of the mining operation. • Fugitive emissions (coal mining); • Slow oxidation; and • Potential spontaneous combustion. Scope 2 Covers indirect emissions from the mining • Electricity consumption. operation’s consumption of purchased electricity that is produced by another organisation. Scope 3 Includes other indirect emissions as a result • Resource transport (domestic); of the mining operation’s activities that are • Resource transport not from sources owned or controlled by the (international); and organisation and involves the offsite transportation and combustion of the product. • Product coal combustion (international).

A summary of the emissions source and quantity from the Project are presented in Table 5.13. The estimates are presented as total project emissions for the production of approximately 1 Mt of ROM coal.

1 Full Life Cycle Analysis gives the quantity of emissions released per unit of energy for the entire fuel production and consumption cycle.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.41 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

Table 5.13– Summary of GHG Emissions from Proposed Cumnock Wash Plant Pit

Summary of GHGE Emissions from Proposed Cumnock Wash Plant Pit Total Project Emissions Emissions Emissions Source Emissions Type Scope (t CO2-e) Explosive Detonation Fugitive Scope 1 0.310 Slow Oxidation Fugitive Scope 1 133 Electricity Consumption Stationery Scope 2 1,602 Rail Transport Combustion Fugitive Scope 3 1,372 Spontaneous Combustion Fugitive Scope 1 3,210 Onsite Fuel Combustion Fugitive Scope 1 13,537 Open Cut Mining Fugitive Scope 1 48,150 Ship Transport Combustion Fugitive Scope 3 143,058 International Coal Combustion Fugitive Scope 3 176,904

PROJECT TOTAL 387,966 t CO2-e

TOTAL Scope 1 and Scope 2 66,632 t CO2-e

The Full Life Cycle Analysis emissions estimates for the proposed Wash Plant Pit are 387,966 t CO2-e. This indicates that the Project will contribute an estimated 0.00096 per cent to international yearly greenhouse gas emissions (based on 2004 modelling) for the quantity of coal produced and combusted internationally.

The total Scope 1 and Scope 2 emissions from the site are 66,632 t CO2-e, with the largest onsite source being onsite fuel combustion (Scope 1) and fugitive emissions from open cut coal mining (Scope 1). Electricity consumption (Scope 2) and the remaining Scope 1 activities (slow oxidation, explosive detonation and spontaneous combustion) contribute relatively small emissions.

The significant majority of emissions from the Project will be generated by downstream Scope 3 fugitive sources, which are outside of the Project Area and direct influence of Cumnock.

It is widely acknowledged that there are a range of practical and scientific implications from the calculation and assessment of Scope 3 GHG emissions. The issue of and implications from the double-counting of emissions are well recognised internationally, including by the United Nations Framework Convention on Climate Change (UNFCCC). The assumptions that underlie the assessment of Scope 3 emissions are considerable. The Greenhouse Gas Protocol specifically acknowledges the importance of avoiding the double-counting of greenhouse gas emissions. On an international scale, for example, double-counting must be avoided when compiling national inventories under the Kyoto Protocol to the UNFCCC. The limitations, assumptions and current inefficacy of assessing Scope 3 greenhouse gas emissions, particularly in relation to the double-counting of emissions, must be considered when interpreting this GHGEA.

An interpretation of Scope 3 greenhouse gas calculations must consider the significant limitations imposed by the speculative assumptions and estimations upon which the GHGEA is necessarily based. This assessment specifically assumes, for example, that the management of Scope 3 greenhouse gas emissions resulting from the Project will be undertaken by respective international, domestic and Project-specific regulations for each of the potential end users.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.42 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

It must also be noted that the product supplied by the Wash Plant Pit Project will be meeting global market demand for coal. Should the Project not proceed, the demand will be met from other sources. The alternative sources of coal may be of poorer quality or produced by less energy efficient operations and may potentially result in greater greenhouse gas emissions per unit of energy generated.

From an impact assessment perspective, given the very small contribution that the Project will make to global climate change and the fact that should the Project not proceed the demand for coal will be met from other sources, it is reasonable to conclude that there will be no measurable environmental effects resulting from the emission of greenhouse gas from the Project. However, it is recognised that global warming is the result of the cumulative effect of many such small contributions.

5.7.4.2 GHG Management and Mitigation Measures

As an Xstrata Coal operation, Cumnock is subject to the Xstrata Coal Climate Change Position Statement (Xstrata Coal, 2008). Xstrata Coal also participates in the Energy Efficiency Opportunities (EEO) Program (Xstrata Coal, 2008a). Through its approach to climate change, Xstrata Coal:

• is committed to playing its part in the international collaborative effort to implement solutions to the challenge of climate change;

• recognises the future will be a carbon constrained world and is working with governments, researcher and industry around the world to develop a portfolio of options for reducing greenhouse gas emissions from the use of coal in power generation;

• is a major contributor to the A$1 billion COAL 21 Fund, through the imposition of a voluntary levy on its production. The Fund will financially support the research, development and deployment of low emission power generation technologies in Australia;

• collaborates in research and development programs and provides both technical and financial support to dedicated Cooperative Research Centres focused on near zero emission technologies;

• supports additional research into CO2 capture and storage to enable this technology to be commercialised worldwide as rapidly as possible;

• works continually for the more efficient use of energy and reduction of greenhouse gas emissions through a dedicated energy efficiency program at all operations;

• looks to collaborate with its customers, both domestic and international, towards the sustainable use of coal through new power generation technologies;

• seeks to effectively reduce fugitive emissions from its operations, where practical; and

• contributes to the development of effective climate change policy (Xstrata Coal, 2008).

For the Project, the primary measures that may assist in the reduction of greenhouse gas emissions will be energy efficiency measures, focusing on increased energy efficiency for mine plant and equipment. The Project will seek to provide for maximum resource extraction with maximum efficiency

Some of the opportunities for improving energy efficiency and reducing greenhouse gas emissions from the Project that will be implemented, as appropriate during the life of the Project include:

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.43 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• undertaking a review of energy efficiency, as part of plant and equipment procurement. Consideration will be given to the life cycle cost advantages obtained by using energy efficient components (for example, efficient external lighting);

• reviewing and seeking to minimise the electricity consumption for offices and workshops;

• reviewing operational initiatives such as turning off idling plant and equipment;

• reviewing control and temperature settings for air conditioning units in site buildings;

• reviewing automatic control of external and internal lighting;

• reviewing and implementing, where relevant, potential energy efficiency opportunities in water pumping and dust suppression systems (for example, variable speed drive pumps); and

• reviewing changes in power consumption with installation of new equipment and installing power factor correction equipment to suit.

As part of Xstrata Coal, Cumnock will undertake monitoring and reporting of greenhouse gas emissions as required by the National Greenhouse and Energy Reporting System (NGERS) and the Carbon Pollution Reduction System (CPRS).

5.7.5 Socio-Economic Assessment

The Project will provide employment for approximately 50 full time equivalent positions during the mining of the proposed Wash Plant Pit which is expected to take approximately one year. After this time, there will be minor ongoing employment associated with rehabilitation activities and ongoing reject and tailings emplacement activities. The employment of 50 full time equivalent positions is approximately equivalent to the current employment in Cumnock’s South Open Cut area and therefore, it is not expected that the 50 employees associated with the Project will impact on the availability of housing, accommodation, public services or infrastructure.

The Project will provide input into the local, regional and State economies through capital expenditure (estimated at approximately $1.95M), employment and payment of royalties and taxes.

The Project will also provide significant benefits to the community through the effective rehabilitation of the Cumnock site which has been mined since the 1950s. The proposed closure and rehabilitation strategy as outlined in Section 5.6 will provide an improved final landform, improve visual amenity and improve local biodiversity values through rehabilitation of a significant portion of the Cumnock site to a Central Hunter Box-Ironbark Woodland community.

Cumnock is also committed to ongoing community engagement as part of the Project. Key avenues to consult with the community will include:

• contribution to the regular Ravensworth Operations community newsletter;

• contribution to the regular Ravensworth Operations CCC meetings, including reporting on Project progress and performance;

• statutory reporting including the AEMR;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.44 Cumnock Wash Plant Mining and Rehabilitation Project EA Environmental Assessment

• the existing Cumnock complaints management process including a 24 hour community phone line; and

• resident consultation.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 5.45 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

6.0 Draft Statement of Commitments

The DGRs for the Project require that the EA includes a Statement of Commitments which details the measures proposed for environmental management and monitoring.

If approval is granted under Section 75W of the EP&A Act for the proposed Project, Cumnock will commit to the following controls.

6.1 Compliance with the EA

6.1.1 To carry out the Project generally in accordance with the Project Application and this EA report.

6.2 Production, Concept Mine Plan and Haulage

Production Limits

6.2.1 ROM coal production from the Wash Plant Pit will not exceed 1.1 Mtpa.

Hours of Operation

6.2.2 Mining and associated activities for the Project may be undertaken 24 hours a day, seven days a week.

Refinement of Mine Plan

6.2.3 Any material changes to the concept mine plan outlined in this EA report will be detailed and assessed as part of MOPs prepared by Cumnock.

Haulage

6.2.4 Haulage of ROM coal from the Wash Plant Pit to RUM will not exceed 1.1 Mtpa.

6.2.5 Haulage of coarse reject from RUM to Cumnock for emplacement will involve:

• haulage of approximately 200,000 tonnes of coarse reject on a campaign basis over a period of approximately three months at the commencement of the Project; and

• in addition to the above, ongoing haulage of approximately 200,000 tonnes of coarse reject per annum over the life of the Project.

6.3 Air Quality

6.3.1 Cumnock will manage operations associated with the Project such that, unless a specific agreement is reached with the landholder in regard to air quality impacts, the air quality criteria outlined in Tables 6.1, 6.2 and 6.3 will be met at any privately owned residence (or, in relation to privately owned vacant land, will not impact on more than 25 per cent of that land).

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.1 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

Table 6.1 - Long Term Dust Concentration Criteria

Pollutant Averaging Criterion Period Total suspended particulate (TSP) matter Annual 90 µg/m3 3 Particulate matter <10 µm (PM10) Annual 30 µg/m Note: Should monitoring identify that the above limits are not met an investigation will be undertaken to identify if Cumnock is a major contributor to dust levels at this location with further action subject to the findings from this investigation and as agreed with DoP.

Table 6.2 - Short Term Dust Concentration Criteria

Pollutant Averaging Criterion Percentilea Basis Period 3 b c Particulate matter < 10 µm (PM10) 24 hour 150 µg/m 99 Total 3 d Particulate matter < 10 µm (PM10) 24 hour 50 µg/m 98.6 Increment a Based on the number of block 24 hour averages in an annual period. b Excludes extraordinary events such as bushfires, prescribed burning, dust storms, sea fog, fire incidents, illegal activities or any other activity agreed by DoP in consultation with DECC. c Background PM10 concentrations due to all other sources plus the incremental increase in PM10 concentrations due to the Project alone. d Incremental increase in PM10 concentrations due to the Project alone.

Table 6.3 - Dust Deposition Criteria

Pollutant Averaging Maximum Increase in Maximum Total Deposited Period Deposited Dust Level Dust Level Deposited dust Annual 2 g/m2/month 4 g/m2/month Note: Deposited dust is assessed as insoluble solids as defined by Standards Australia, 1991, AS 3580.10.1-1991: Methods for Sampling and Analysis of Ambient Air - Determination of Particulates - Deposited Matter - Gravimetric Method.

6.3.2 Cumnock will implement the following controls to manage dust generation:

• watering of active mining areas, active spoil emplacement areas, haul roads that are subject to frequent vehicle movements and ROM coal stockpile areas;

• all drill rigs will be equipped with dust control systems and will be regularly maintained for effective use. These systems will include dust curtains and water injection sprays;

• sprays systems will be fitted to the mobile crushing plant to minimise dust from coal crushing activities;

• topsoil stripping will be undertaken when there is sufficient moisture content in the soil to minimise dust generation;

• restricting or ceasing dust-generating activities on extremely windy or dry days;

• minimising the area of disturbance by restricting vegetation clearing ahead of mining operations and rehabilitating mine spoil dumps as soon as practicable after mining;

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.2 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

• ensuring that all equipment is used and maintained in an efficient and effective manner; and

• no blasting will be undertaken in climatic conditions which may result in adverse air quality impacts on sensitive receivers.

6.3.3 Cumnock will continue to monitor air quality over the life of the Project to verify that relevant air quality criteria are not exceeded and that dust controls are effective. An Environmental Monitoring Program will be prepared for Cumnock (refer to commitment 6.14.1) in consultation with relevant government agencies to detail the ongoing air quality monitoring program to be implemented as part the Project. As Cumnock is surrounded by other XCN operations, this program may include use of monitoring data from other XCN operations to assess Cumnock’s compliance with relevant criteria.

6.4 Noise

6.4.1 Unless otherwise agreed with the landowner, Cumnock will manage operations associated with the Project such that the noise emissions from the Project comply with the noise criteria included in Table 6.4 at private residences.

Table 6.4 - Project Specific Noise Levels

Receiver Location Assessment Project-Specific Noise Period 1 Criterion LAeq, 15 minute All Residential Receiver Day 35 Locations Evening 35 Night 35 Note 1: Daytime 7.00 am to 6.00 pm; Evening 6.00 pm to 10.00 pm; Night 10.00 pm to 7.00 am. On Sundays and Public Holidays, Daytime 8.00 am to 6.00 pm; Evening 6.00 pm to 10.00 pm; Night-time 10.00 pm to 8.00 am.

6.4.2 Cumnock will implement the following controls to manage noise generation as part of the Project:

• mining equipment will be maintained to high standards to meet noise emission criteria; and

• noise monitoring will be utilised to confirm compliance with noise criteria and for environmental management purposes.

6.4.3 Cumnock will continue to monitor noise levels over the life of the Project to verify that relevant noise criteria are not exceeded and that noise controls are effective. An Environmental Monitoring Program will be prepared for Cumnock (refer to commitment 6.14.1) in consultation with relevant government agencies to detail the ongoing noise monitoring program to be implemented as part the Project. As Cumnock is surrounded by other XCN operations, this program may include use of monitoring data from other XCN operations to assess Cumnock’s compliance with relevant criteria.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.3 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

6.5 Blasting

6.5.1 Unless otherwise agreed with the landowner, blast overpressure and vibration levels from blasting undertaken as part of the Project will comply with the following criteria at residential receivers:

Overpressure

The overpressure level from blasting operations on the premises must not:

a) Exceed 115 dB (Linear Peak) for more than 5 per cent of the total number of blasts over a period of 12 months; and

b) Exceed 120 dB (Linear Peak) at any time,

when measured at any point that is located at least 3.5 metres from any building or structure at any nearby residential property that is non-mine owned or not subject to a private agreement with the landowner.

Ground Vibration (ppv)

Ground vibration peak particle velocity from the blasting operations at the premises must not:

a) Exceed 5 mm/s for more than 5 per cent of the total number of blasts over a period of 12 months; and

b) Exceed 10 mm/s at any time,

when measured at any point within the grounds of noise sensitive locations and within 30 metres of any residential property that is non-mine owned or not subject to a private agreement with the landowner.

6.5.2 Except where otherwise agreed with the owner, blast overpressure and vibration levels from blasting undertaken as part of the Project will comply with the following criteria at structural receivers (refer to Table 6.5):

Table 6.5 - Ground Vibration Limits for Structures

Type of Structure Ground Vibration Criterion (mm/s) Powerlines (steel) 100 Conveyors 100 Buried Pipework (steel) 100

Cumnock will undertake further consultation with Macquarie Generation regarding the applicability of the proposed ground vibration criteria of 100 mm/s for conveyor infrastructure owned by Macquarie Generation.

6.5.3 Blast overpressure and vibration levels from blasting undertaken as part of the Project will comply with the following criteria at the Chain of Ponds Hotel:

• 10 mm/s for ground vibration; and

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.4 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

• 133 dBL for overpressure.

6.5.4 Blasting will only take place between 9.00 am and 5.00 pm, Monday to Saturday inclusive unless otherwise approved by DECC.

6.5.5 Blasting at the proposed Wash Plant Pit will be managed in accordance with the Cumnock Blasting/Vibration Management Plan.

6.5.6 Cumnock will prepare a Blasting Road Closure Management Plan for the Project in consultation with the relevant roads authorities (the RTA and Council) prior to the commencement of blasting operations that require road closures.

6.6 Water Resources

6.6.1 Cumnock will continue to implement its existing Water Management Plan.

6.6.2 Cumnock will continue to implement its existing water monitoring program. All surface and groundwater monitoring results will be reported in the Cumnock AEMR and will be used to review the effectiveness of the Cumnock water management system on an ongoing basis.

6.7 Traffic and Transport

6.7.1 To assist in facilitating the ongoing safe use of Liddell Station Road for coal and reject haulage, Cumnock through XCN propose to upgrade the pavement of Liddell Station Road. These pavement upgrades will be completed in consultation with Council.

6.7.2 Cumnock will develop a Traffic Management Plan in consultation with Council for the short-term haulage of overburden material across Pikes Gully Road for rehabilitation purposes.

6.8 Closure and Rehabilitation

6.8.1 A detailed mine closure plan will be prepared for the Project as part of the MOP process and submitted to the DPI for approval. This closure plan will be developed to meet the preliminary closure criteria provided in Section 5.6.2.

6.8.2 Recovery and management of any topsoil will be undertaken in accordance with the controls provided in Section 5.6.2.

6.8.3 Tailings emplacement strategies implemented during the life of the Project will be implemented in consultation with, and following approval from, the DPI.

6.8.4 Cumnock’s disturbed mining areas will be rehabilitated to woodland/grassland generally as shown on Figure 5.7. The woodland areas will be rehabilitated to a Central Hunter Box-Ironbark Woodland community.

6.8.5 Cumnock will undertake monitoring of rehabilitated areas on at least an annual basis over the life of the Project to assess soil conditions and erosion, drainage and sediment control structures, runoff water quality, revegetation germination rates,

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.5 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

plant health and weed infestation. The monitoring findings and resulting actions will be reported in the Cumnock AEMR.

6.9 Ecology

6.9.1 Micro-bat surveys will be undertaken immediately prior to impact on the portals and drifts identified in this EA as providing potential micro-bat habitat. In the event that bat roosts are identified, further specific management recommendations are to be implemented to minimise the impact of the Project on roosting bats. The results of this monitoring and any resulting mitigation measures will be reported in the Cumnock AEMR.

6.9.2 Cumnock will implement a detailed pre-clearance survey and clearing procedure to ensure the minimisation of impacts on arboreal fauna species and habitat. This procedure will be implemented for the clearing of all vegetation within the Central Hunter Box – Ironbark Woodland community.

6.9.3 The timing of clearing operations will be designed to reduce the potential impact on breeding species, particularly threatened micro-bats. Clearing will (where possible) avoid the winter months when micro-bats are in a state of torpor.

6.10 Heritage

6.10.1 In the unlikely event that any heritage sites are uncovered during ground disturbing works, all works in the immediate area will cease and the relevant agency (DECC or Heritage Branch, DoP) will be notified.

6.11 Visual

6.11.1 Cumnock will implement the following visual controls as part of the Project:

• procedures will be implemented for use of mobile lighting plant for night-time operations which will include:

o placement of lighting plant so that they are placed in locations that do not impact on surrounding residences and traffic on the New England Highway;

o use of louvres or shields on lighting plants in exposed dump areas to reduce fugitive light emissions; and

o use of specific night-time dumps where possible to limit the potential for lighting impacts;

• all fixed external lighting will be designed to minimise excessive night glow and will comply with Australian Standard AS4282 (INT) 1995 – Control of Obtrusive Effects of Outdoor Lighting; and

• all new site buildings potentially visible from public viewing areas will be coloured in suitable natural tones.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.6 Cumnock Wash Plant Mining and Rehabilitation Project EA Draft Statement of Commitments

6.12 Greenhouse Gas Emissions

6.12.1 Cumnock will investigate opportunities for reduction of greenhouse gas emissions from the Project. This will include a review and implementation of appropriate energy efficiency measures.

6.13 Community

6.13.1 Cumnock will continue to provide Project updates, including information regarding the environmental management performance of the Project, to the Ravensworth Operations CCC.

6.13.2 Cumnock will continue to provide relevant information regarding the Project to the local community through the Ravensworth Operations community newsletter.

6.14 Environmental Management and Monitoring

Environmental Monitoring Program

6.14.1 Cumnock will develop an Environmental Monitoring Program for the Project in consultation with DECC and DWE and submit it for the approval of the Director- General of DoP within 6 months of the approval of this Project. The Environmental Monitoring Program will detail the ongoing noise, air quality, surface water, groundwater and blasting monitoring to be implemented for the Project. As Cumnock is surrounded by other XCN operations, this program may include use of monitoring data from other XCN operations to assess Cumnock’s compliance with relevant criteria.

Update of Environmental Management Plans

6.14.2 Within 6 months of the approval of this Project, Cumnock will update the relevant environmental management plans for the Project. This may include, in consultation with DoP, a consolidation of the plans required by Cumnock’s 2001 consent (DA 123-05-01). This work will be undertaken in consultation with the relevant Government authorities, as agreed with the Director-General.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 6.7 Cumnock Wash Plant Mining and Conclusion and Ecologically Rehabilitation Project EA Sustainable Development

7.0 Conclusion and Ecologically Sustainable Development

The DGRs seek a conclusion justifying the proposed modification on economic, social and environmental grounds, taking into consideration whether the proposed modification is consistent with the objectives of the EP&A Act. These elements are addressed in this section.

Prior to any development taking place in New South Wales, a formal assessment needs to be made of the proposed development to ensure it complies with relevant planning controls and, according to its nature and scale, confirm that it is environmentally, socially and economically sustainable. The EP&A Act provides the framework for the assessment of development proposals and allows for members of the public to participate in the decision making process that will determine future land uses.

The objectives of the EP&A Act are:

(a) to encourage:

i. the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment; and ii. the promotion and co-ordination of the orderly and economic use and development of land; and iii. the protection, provision and co-ordination of communication and utility services; and iv. the provision of land for public purposes; and v. the provision and co-ordination of community services and facilities; and vi. the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats; and vii. ecologically sustainable development, and viii. the provision and maintenance of affordable housing, and

(b) to promote the sharing of the responsibility for environmental planning between the different levels of government in the State, and

The proposed Project, including the environmental management procedures outlined in this EA, is considered to meet the relevant objectives of the EP&A Act. In particular:

• the Project will provide for the recovery of part of the State’s valuable coal resource;

• Cumnock will continue to manage the operations in an environmentally responsible manner through the implementation of its EMS and in accordance with the statutory framework for environmental management;

• relevant government and community stakeholders have been consulted in relation to the Project, with relevant issues addressed as part of this EA, to provide an opportunity for relevant stakeholders to participate in the environmental impact assessment process;

• this EA has addressed the potential environmental impacts associated with the Project and has found that predicted impacts meet all relevant criteria within areas surrounding

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 7.1 Cumnock Wash Plant Mining and Conclusion and Ecologically Rehabilitation Project EA Sustainable Development

the Project and that the project will not have a significant impact on biodiversity or cultural values; and

• as discussed in Section 7.2, the Project is considered to be consistent with the principles of Ecologically Sustainable Development.

7.1 Overview of Environmental Impacts

The potential environmental impacts of the Project have been identified through a process involving:

• assessment of the site characteristics (existing environment);

• consultation with government agencies, the community and other stakeholders;

• environmental risk analysis; and

• expert technical assessment.

The key issues identified, including those specified in the DGRs, were the subject of comprehensive technical assessments to assess the potential impacts of the Project on the existing environment. The results of these assessments are detailed in Section 5.0 and the appendices to this EA.

Whilst there are many complex aspects which must be read in their entirety to fully understand these assessments, Table 7.1 provides a broad overview of the key outcomes of the environmental and social impact assessment.

Table 7.1 - Overview of Environmental and Social Impacts

Environmental/Social Overview of Key Outcomes Issue (After proposed Management and Mitigation) Air Quality • The Project will make minimal contribution to local dust levels and is predicted to comply with all relevant criteria. Noise • The Project will comply with noise criteria at all residential locations. Soil and Water • The Project will make minimal changes to the existing mine water management system. • The Project is not predicted to result in significant impacts on surface water or groundwater. Transport • Existing haulage routes will be used, with all haulage movements to be within the currently approved volume. • The pavement of Liddell Station Road will be upgraded in consultation with Council. Rehabilitation and • The rehabilitation of the site will provide for a significantly improved Closure final landform. • The rehabilitation program will include establishment of approximately 135 hectares of woodland vegetation providing significant vegetation corridor linkages.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 7.2 Cumnock Wash Plant Mining and Conclusion and Ecologically Rehabilitation Project EA Sustainable Development

Table 7.1 - Overview of Environmental and Social Impacts (cont)

Environmental/Social Overview of Key Outcomes Issue (After proposed Management and Mitigation) Ecology • Minimal vegetation clearing required. • The project will not have a significant impact on listed threatened species, populations and EECs. Aboriginal and Historic • No impact on Aboriginal sites or historical archaeological sites. Heritage

Visual • Project is unlikely to significantly impact on existing visual amenity during mining operations. • The rehabilitation of the site will provide for improved visual amenity in the medium to long-term. Greenhouse Gas and • The Project will make a very small contribution to global greenhouse Energy gas emissions. • Opportunities for improving energy efficiency will be pursued during the life of the Project. Socio-economic • The Project will provide employment for approximately 50 people Assessment during the mining of the Wash Plant Pit. • Further socio-economic benefits of the project are discussed in Section 5.7.5.

The impacts of the Project have been kept to a minimum through:

• obtaining a detailed understanding of the issues and impacts by scientific evaluation;

• close consideration of environmental and community factors as part of an iterative design process to avoid or minimise impacts;

• development of proactive and appropriate strategies to avoid, minimise and mitigate or manage; and

• a thorough Statement of Commitments (refer to Section 6.0).

7.2 Ecologically Sustainable Development

The EP&A Act aims to encourage ESD within NSW. As outlined in Section 4.0, the Project requires approval from the Minister under Section 75W of the EP&A Act. As such, the Minister needs to be satisfied that the Project is consistent with the principles of ESD. This section provides an assessment of the Project in relation to the principles of ESD.

To justify the proposed Project with regard to the ESD principles, the benefits of the Project in an environmental and socio-economic context should outweigh any negative impacts. The ESD principles encompass the following:

• the precautionary principle;

• inter-generational equity;

• conservation of biological diversity; and

• Valuation and pricing of resources.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 7.3 Cumnock Wash Plant Mining and Conclusion and Ecologically Rehabilitation Project EA Sustainable Development

Essentially, ESD requires that current and future generations should live in an environment that is of the same or improved quality than the one that is inherited.

7.2.1 The Precautionary Principle

The EP&A Regulation defines the precautionary principle as:

Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

In the application of the precautionary principle, public and private decisions should be guided by:

(i) Careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and (ii) an assessment of the risk-weighted consequences of various options.

In order to achieve a level of scientific certainty in relation to potential impacts associated with the Project, this EA has undertaken an extensive evaluation of all the key components of the Project. Detailed assessment of all key issues and necessary management procedures has been conducted and is comprehensively documented in this EA.

The assessment process has involved a detailed study of the existing environment (refer to Section 5.0), and the use of engineering and scientific modelling to assess and determine potential impacts as a result of the Project. To this end, there has been careful evaluation to avoid, where possible, irreversible damage to the environment.

The decision making process for the design, impact assessment and development of management processes has been transparent in the following respects:

1. Relevant government authorities and community representatives were consulted during EA preparation (refer to Section 2.0). This enabled comment and discussion regarding potential environmental impacts and proposed environmental management procedures.

2. Cumnock has an established EMS, incorporating environmental management plans, procedures and environmental monitoring, that has been implemented for its current operations and which will be implemented in regard to the proposed Project. In addition, the management controls that will be implemented by Cumnock as part of the implementation of this Project have been clearly specified in Section 6.0.

3. This EA has been undertaken on the basis of the best available scientific information about the Project Area. Where uncertainty in the data used in the assessment has been identified, a conservative worst case analysis has been undertaken and contingency measures have been identified to manage that uncertainty. A validation program has also been proposed to measure predicted against actual impacts of the Project (refer to Section 6.0), so that contingency measures, if required, can be implemented in a timely and pro-active manner.

4. An auditing and review process is an integral component of the existing EMS at Cumnock, providing for verification of Project performance by independent auditors and relevant government agencies. Cumnock will continue to implement this auditing and verification process in regard to the proposed Project.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 7.4 Cumnock Wash Plant Mining and Conclusion and Ecologically Rehabilitation Project EA Sustainable Development

7.2.2 Intergenerational Equity

The EP&A Regulation defines intergenerational equity as:

Intergenerational equity namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations.

Intergenerational equity refers to equality between generations. It requires that the needs and requirements of today’s generations do not compromise the needs and requirements of future generations in terms of health, bio-diversity and productivity.

The key objective of the Project is to provide for the effective rehabilitation of the Cumnock mine site which has been subject to mining activity since the 1950s. As part of this rehabilitation process, the Project also provides an opportunity to recover a small coal reserve, maximising recovery of a valuable natural resource that, if not recovered as part of this Project, is unlikely to be recovered in the future. The mining of the proposed Wash Plant Pit gives Cumnock a unique opportunity to economically access a coal reserve and remediate and rehabilitate the site during the mining process. The mining of the proposed Wash Plant Pit will allow Cumnock to address any residual environmental impacts resulting from the extensive mining history at the site.

A comprehensive rehabilitation strategy is proposed for the Cumnock site including progressive rehabilitation and emplacement of tailings and reject to fill the existing open cut mining voids on Cumnock’s land. It is proposed that in the medium to long-term, these voids will be filled and rehabilitated, providing an improved final landform with no final void for the Cumnock site. The proposed revegetation to woodland/grassland, including establishment of vegetation corridors connecting to proximate habitats, will significantly improve the habitat quality of the site and local area. The Project will result in the establishment of approximately 135 hectares of Central Hunter Box-Ironbark Woodland, a regionally significant vegetation community as part of the rehabilitation program.

As detailed in Section 5.0, the proposed Project can be undertaken without having a significant impact on the local environment or community and is predicted to meet all relevant amenity criteria at the nearest residential locations. The environmental management measures discussed in Sections 5.0 and 6.0 have been developed to minimise the impact of the Project on the environment and community to the greatest extent reasonably possible.

The management of environmental issues as outlined in this EA will maintain the health, diversity and productivity of the environment for future generations.

7.2.3 Conservation of Biological Diversity

The conservation of biological diversity refers to the maintenance of species richness, ecosystem diversity and health and the links and processes between them. All environmental components, ecosystems and habitat values potentially affected by the Project are described in this EA. Potential impacts are also outlined and measures to ameliorate any negative impact are outlined in the statement of commitments (refer to Section 6.0).

The Project has been designed to minimise impact on native vegetation areas, with the majority of the Project to be undertaken in areas previously disturbed by mining activity. A small area of woodland vegetation, 1.5 hectares, will be impacted by the proposed Wash Plant Pit, however, this will be significantly offset by the establishment of significant areas (135 hectares) of woodland vegetation as part of the rehabilitation of the site. The ecological assessment completed for the Project (refer to Section 5.7.1) has found that due to the

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 7.5 Cumnock Wash Plant Mining and Conclusion and Ecologically Rehabilitation Project EA Sustainable Development degraded nature of the habitats at the site of the Proposed Wash Plant Pit and the minimal area of disturbance, the Project will not have a significant impact on biodiversity.

7.2.4 Valuation and Pricing of Resources

The goal of improved valuation of natural capital has been included in Agenda 21 of Australia’s Intergovernmental Agreement on the Environment. The principle of improved valuation and pricing refers to the need to determine proper values of services provided by the natural environment. The objective is to apply economic terms and values to the elements of the natural environment. This is a difficult task largely due to the intangible comparisons that need to be drawn in order to apply the values.

The project optimises the valuation and pricing of the coal resources with minimal impact by:

• optimising resource recovery as part of the overall rehabilitation of the site, resulting in recovery of a coal resource that, as a stand-alone operation, may not be economically viable;

• optimising available use of the existing coal processing and transportation facilities to wash coal and to transport product coal to market; and

• maximising the efficient extraction of the coal resource and avoiding the isolation and sterilisation of coal through effective mine planning.

Project feasibility considerations have included the costs of integration of effective management measures to minimise potential environmental and social impacts.

7.3 Conclusion

The DGRs seek a conclusion justifying the Project on economic, social and environmental grounds, taking into consideration whether the proposed modification is consistent with the objectives of the EP&A Act. The Project will provide a unique opportunity to economically access a small coal reserve and remediate and rehabilitate the Cumnock mine site during the mining process. The mining of the proposed Wash Plant Pit will allow Cumnock to address residual environmental impacts resulting from the CHPP operations and past mining activities at the site extending back to the 1950s, providing for effective closure and rehabilitation of the site. As discussed in Section 5.0, this mining activity can be undertaken without significantly impacting on the environment or community. The proposed emplacement of tailings and reject as part of the Project will also result in the in-filling of existing and future mining voids providing for a significantly improved final landform and effective mine closure process.

In addition to providing for effective site rehabilitation, the Project will result in the recovery of a small, but valuable coal resource, providing input into the economy of NSW through capital expenditure, employment and payment of royalties and taxes. The Project will provide for employment of approximately 50 people during the mining of the proposed Wash Plant Pit for an approximate one year period.

The Project is considered to be consistent with relevant objectives of the EP&A Act, including the principles of ESD. Therefore, on considering the balance of environment and community impacts, it is considered that it would be reasonable for the Minister to conclude that the benefits of the Project outweigh the impacts.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 7.6 Cumnock Wash Plant Mining and Rehabilitation Project EA References

8.0 References

Anvil Hill IHAP, 2007. Report of the Independent Hearing and Assessment Panel for the Anvil Hill Coal Project: Greenhouse Gas Addendum Report to the Director-General, Department of Planning, May 2007.

Australian and New Zealand Environment and Conservation Council, 1990. Technical Basis for Guidelines to Minimise Annoyance due to Blasting Overpressure and Ground Vibration.

Australian and New Zealand Environment and Conservation Council, 2000. Australian and New Zealand Guidelines for Fresh and Marine Water Quality.

Australian and New Zealand Environment and Conservation Council 2006. Australian Standard AS 2187.2 Explosives—Storage, Transport and Use.

Australia and New Zealand Minerals and Energy Council, Minerals Council of Australia (ANZMEC), 2000. Strategic Framework for Mine Closure

Burton, C. Thorp, M. and Koettig, M., 1990. Regional study of heritage significance Central Lowlands Hunter Valley Electricity Commission holdings. Report to the Electricity Commission of NSW.

Cumnock No.1 Colliery (Cumnock). 2003. Archaeology and Cultural Management Plan.

Cumnock No. 1 Colliery, 2004a. Mining Operations Plan for Decommissioning of Lower Pikes Gully Seam Underground Mine, April 2004.

Cumnock No.1 Colliery, 2004b. Annual Environmental Management Report, Period July 2003 to June 2004.

Cumnock No.1 Colliery, 2005. Annual Environmental Management Report, Period July 2004 to June 2005.

Cumnock No.1 Colliery, 2006. Annual Environmental Annual Report, Period July 2005 to June 2006.

Cumnock No. 1 Colliery, 2007. Annual Environmental Management Report, Period July 2006 to June 2007

Cumnock No. 1 Colliery, 2008. Annual Environmental Management Report, Period July 2007 to June 2008.

Department of Climate Change (DCCa) 2006. Australian Methodology for the Estimation of Greenhouse Gas Emissions and Sinks 2006: Energy (Fugitive Fuel Emissions).

Department of Climate Change (DCCb) 2008. National Greenhouse and Energy Report System 2008.

Department of Climate Change (DCCc) 2008. National Greenhouse and Energy Reporting (Measurement) Technical Guidelines 2008 v1.0.

Department of Climate Change (DCCd), 2008. Australian Greenhouse Information System: http://www.ageis.greenhouse.gov.au/GGIDMUserFunc/QueryModel/Ext_QueryMod elResults.asp#resultStartMarker

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 8.1 Cumnock Wash Plant Mining and Rehabilitation Project EA References

Department of Climate Change (DCCe) 2008. Australia’s National Inventory Report 2005 Revised.

Department of Climate Change (DCCf) 2007. Australian Methodology for the Estimation of Greenhouse Gas Emissions and Sinks 2006: Energy (Stationery Sources).

Department of Environment and Climate Change (DECC), 1994. Environmental Noise Control Manual (ENCM).

DECC, 2004. Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities, Working Draft, November 2004.

Department of Environment and Climate Change, August 2005. Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in NSW, August 2005

Department of Mining Resources, 1999. Synoptic Plan: Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of NSW

DIN 4150-3: 1992-02 Structural Vibrations Part 3: Effects of Vibration on Structures.

ENVIRON Australia Pty Ltd, 2008. Air Quality Impact Assessment, Cumnock Wash Plant Mining and Rehabilitation Project.

Environment Protection Authority (EPA), 2000. NSW Industrial Noise Policy - Environmental Noise Management.

Environment Protection Agency (EPA), 2000. Synoptic Plan: Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of NSW.

Gray, N, 1966. Bowman, James (1784 - 1846), Australian Dictionary of Biography, Volume 1, Melbourne University Press, pp 137-138.

HLA Envirosciences, 1996a. Environmental Impact Statement for Cumnock No. 1 Colliery Expansion.

HLA-Envirosciences (HLA) 1996b. An Archaeological Survey of Cumnock Site, Liddell Central Lowlands Hunter Valley, NSW. Report to Cumnock No. 1 Colliery.

HLA Envirosciences Pty Limited, 2001a. EIS Environmental Impact Statement for Cumnock No. 1 Colliery Mine Life Extension Volume 1 – Main Text. Prepared for Cumnock No. 1 Colliery.

HLA-Envirosciences (HLA) 2001b. Archaeological Survey Cumnock No 1 Colliery, Ravensworth, NSW Mine Extension EIS. Report to Cumnock No. 1 Colliery.

Mackie Environmental Research, September 2001. Liddell Coal – Continued Mining Environmental Impact Statement Surface and Groundwater Management Studies. Prepared for Liddell Coal.

NSW Environment Protection Authority 1994, Environmental Noise Control Manual.

NSW Environment Protection Authority 2000, New South Wales Industrial Noise Policy.

NSW Environment Protection Authority, 2001. Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in New South Wales.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 8.2 Cumnock Wash Plant Mining and Rehabilitation Project EA References

Singleton Shire Council, 1996. Singleton Local Environmental Plan 1996, Singleton Shire Council, Singleton.

Standards Australia, 1995. AS4282 (INT) 1995 – Control of Obtrusive Effects of Outdoor Lighting. Australian Standard.

Standards Australia, 2004. AS/NZS 4360:2004 Risk Management.

Terrock Consulting Engineers, 16 July 2008. Hunter Valley Operations Cumnock Open Pit Effects of Blasting on C & A Conveyor Stage 3 Investigation.

Umwelt (Australia) Pty Limited, 2006. Liddell Colliery Modification to Development Consent Environmental Assessment. Prepared for Liddell Coal Operations Pty Ltd.

Umwelt (Australia) Pty Ltd, 2007. Preliminary Environmental Constraints Analysis – Emu Creek Open Cut Project. Prepared for Ravensworth Operations.

Umwelt (Australia) Pty Limited, 2008. Aboriginal Heritage Inspection Findings. Report to Cumnock No. 1 Colliery.

United Nations 1998. Kyoto Protocol to the United Nations Framework Convention on Climate Change.

World Business Council for Sustainable Development (WBCSD) and World Resources Institute (WRI) Greenhouse Gas Protocol 2004 (GHG Protocol) (WBC, 2004).

Xstrata Coal, 2008. Xstrata Coal Climate Change Position Statement.

Xstrata Coal NSW (XCN), 2007a. Health, Safety, Environment and Community (HSEC) Standard 1.02 Risk Management.

Xstrata Coal NSW (XCN), 2007b. XCN Closure Criteria and Rehabilitation Monitoring Standard.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 8.3 Cumnock Wash Plant Mining and Rehabilitation Project EA Abbreviations & Glossary

9.0 Abbreviations and Glossary

9.1 Abbreviations

AADT Annual average daily traffic volume

AEMR Annual Environmental Management Report

ANZECC Australian and New Zealand Environment and Conservation Council

ARI Average Recurrence Interval

CCC Community Consultative Committee

CHPP Coal Preparation Plant dB Decibel dBA A-weighted decibel

DECC Department of Environment and Climate Change

DGRs Director General’s Requirements

DoP Department of Planning

DPI Department of Primary Industries

DWE Department of Water and Energy

EA Environmental Assessment

EEC Endangered Ecological Community

EIS Environmental Impact Statement

EMS Environmental Management System

EPA Environment Protection Authority of NSW (former, now DECC)

EP&A Act Environmental Planning and Assessment Act 1979 (NSW)

EP&A Environmental Planning and Assessment Regulation 2000 (NSW) Regulation

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)

EPL Environment Protection Licence

GHG Greenhouse gas ha hectares

HRSTS Hunter River Salinity Trading Scheme

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 9.1 Cumnock Wash Plant Mining and Rehabilitation Project EA Abbreviations & Glossary

HVAS high volume air sampler

INP NSW Industrial Noise Policy

LEP Local Environmental Plan

LGA Local Government Area m metres

ML Mining Lease

MOP Mining Operations Plan

MSB Mine Subsidence Board

Mt million tonnes

Mtpa million tonnes per annum

PAD Potential Archaeological Deposit

PM10 Particulate matter less than 10 micro metres in diameter

PoEO Act Protection of the Environment Operations Act 1997

REP Regional Environmental Plan

ROM Run of mine

RTA Roads and Traffic Authority

SEPP State Environmental Planning Policy

TDS Total Dissolved Solids t/hr Tonnes per hour

TSC Act Threatened Species Conservation Act 1995 (NSW)

TSS Total Suspended Solids

TSP Total suspended particulate matter, usually in the size range of zero to 50 micrometres

Umwelt Umwelt (Australia) Pty Limited

WAL Water Access Licence yr Year

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 9.2 Cumnock Wash Plant Mining and Rehabilitation Project EA Abbreviations & Glossary

9.2 Glossary

Alluvium: Sediment deposited by a flowing stream, e.g., clay, silt, sand, etc.

Amenities: Lunch room, showers, toilets.

Amenity: An agreeable feature, facility or service which makes for a comfortable and pleasant life.

Aquifer: A water-bearing rock formation.

Arboreal: Adapted for living and moving around in trees.

Archaeological: Pertaining to the study of culture and description of its remains.

Average Recurrence The statistically calculated interval likely to be exceeded once in a Interval (ARI): given period of time. A term used in hydrology, also known as return period.

Background Noise: Existing noise in the absence of the sound under investigation and all other extraneous sounds.

Catchment Area: The area from which a river or stream receives its water.

Coal Resources: All of the potentially useable coal in a defined area, based on geological data at certain points and extrapolations from these points.

Conservation: The management of natural resources in a way that will preserve them for the benefit of both present and future generations. dB (Decibel): A unit for expressing the relative intensity of sounds on a logarithmic scale from zero (for average least perceptible sound) to about 130 (for the average pain level). dBA: A modified decibel scale which is weighted to take account of the frequency response of the normal human ear.

Ecology: The science dealing with the relationships between organisms and their environment.

Ecosystem: Organisms of a community together with its non-living components through which energy and matter flow.

Effluent: The liquid waste of sewage and industrial processes.

Electrical The measure of electrical conduction through water or a soil-water Conductivity: suspension generally measured in millisiemens per centimetre or microsiemens per centimetre. An approximate measure of soil or water salinity.

Environmental NSW Government Act to provide for the orderly development of Planning and land in NSW. Assessment Act 1979:

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 9.3 Cumnock Wash Plant Mining and Rehabilitation Project EA Abbreviations & Glossary

Environment Commonwealth legislation that regulates development proposals Protection and that have an actual or potential impact on matters of national Biodiversity environmental significance. Conservation Act 1999:

Fauna: All vertebrate animal life of a given time and place.

Floodplain: Large flat area of land adjacent to a stream which is inundated during times of high flow.

Flora: All vascular plant life of a given time and place.

Geology: Science relating to the earth, the rocks of which it is composed and the changes it undergoes.

Groundwater: Sub-surface water which is within the saturated zone and can supply wells and springs. The upper surface of this saturated zone is called the water table.

Habitat: The environment in which a plant or animal lives; often described in terms of geography and climate.

In situ: In its original place.

LA1 Noise Level: The noise level exceeded for one per cent of the time. It is used in assessment of sleep disturbance.

LA90 Noise Level: The noise level, measured in dB(A), exceeded for 90 per cent of the time, which is approximately the average of the minimum noise levels. The L90 level is often referred to as the “background” noise level and is commonly used to determine noise criteria for assessment purposes.

LAeq Noise Level: The equivalent continuous noise level, measured in dB(A), during a measurement period.

LAMax Noise Level: The maximum noise energy, measured in dB(A), during a measurement period.

Land Capability: The ability of a parcel of land to be used in a sustainable manner (that is without permanent damage) for a given land use.

Landform: Sections of the earth’s surface which have a definable appearance (e.g. cliff, valley, mountain range, plain, etc).

Mean: The average value of a particular set of numbers.

Megalitre (ML): One million litres.

Mitigate: To lessen in force, intensity or harshness. To moderate in severity.

Native: Belonging to the natural flora or fauna in a region.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 9.4 Cumnock Wash Plant Mining and Rehabilitation Project EA Abbreviations & Glossary

Overburden An area for placing overburden or waste rock, removed from Emplacement: above and between the coal seams.

Particulates: Fine solid particles which remain individually dispersed in gases. pH: Scale used to express acidity and alkalinity. Values range from 0- 14 with seven representing neutrality. Numbers from seven to zero represent increasing acidity whilst seven to fourteen represent increasing alkalinity.

Piezometer: A small diameter bore lined with a slotted tube used for determining the standing water level of groundwaters.

Protection of the NSW legislation administered by DECC that regulates discharges Environment to land, air and water. Operations Act 1997:

Rating Background A period (day, evening or night) background noise level Level (RBL): determined in accordance with chapter 3 of the NSW Industrial Noise Policy (EPA, 2000).

Rehabilitation: The process of restoring to a condition of usefulness. In regard to mining, relates to restoration of land from a degraded or mined condition to a stable and vegetated landform.

Revegetation: The process of re-establishing vegetation cover.

Run of mine (ROM): Bulk material extracted from a mine, before it is processed in any way.

Salinity: A measure of the concentration of dissolved solids in water.

Seam: An identifiable discrete coal unit.

Socio-economic: Combination of social and economic factors.

Sound Power Level: The total sound energy radiated per unit time measured as 10 times a logarithmic scale, the reference power being 12 picowatts.

Spontaneous Spontaneous ignition of some or all of a combustible material. Combustion:

Surface Any human made object, facility or structure on the surface of the Infrastructure: land.

Tailings: Fine residual waste material separated in the coal preparation process.

Thermal Coal: Includes medium to high ash, low sulphur coals used for domestic power generation and medium to low ash energy coals which are exported.

Topography: Description of all the physical features of an area of land and their relative positions, either in words or by way of a map.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 9.5 Cumnock Wash Plant Mining and Rehabilitation Project EA Abbreviations & Glossary

Total Dissolved Solids A measure of salinity expressed in milligrams per litre (mg/L). (TDS):

Total Suspended A measure of the total amount of un-dissolved matter in a volume Particulates (TSP): of water or air usually expressed in milligrams per litre (mg/L) (for water) or micrograms per cubic metre (µg/m3) for air.

Woodland: Land covered by trees that do not form a closed canopy.

Umwelt (Australia) Pty Limited 2185/R03/Final December 2008 9.6