Ambury Properties Limited NZ Comfort Group – Ohinewai Foam Factory

Ambury Properties Limited

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NZ Comfort Group – Ohinewai Foam Factory

ASSESSMENT OF ENVIRONMENTAL EFFECTS REPORT

TO SUPPORT AN APPLICATION UNDER THE COVID-19 RECOVERY FAST TRACK CONSENTING ACT TO AN EXPERT CONSENTING PANEL

May 2021

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TV3 Document control

Project identification Client Ambury Properties Limited Client representative David Gaze Bloxam Burnett & Olliver (BBO) BBO details Level 4, 18 London Street, Hamilton 3240 BBO representative Stuart Penfold BBO rep. contact details 07 834 8532 [email protected] Job number/s 145860-20 Job name Foam Factory ECP Fast Track Application Report name and number Ohinewai Foam Factory C-19FT AEE Final 14.05.21 Redacted version K:\145860 Ohinewai Development\20 Foam Factory Fast Track EPA Application\AEE 2021\Ohinewai File path Foam Factory C-19FT AEE FINAL 14.05.21 - Redacted version.docx

Report status Status Name Signature Date

Report prepared by Stuart Penfold 14 May 2021

Checked by John Olliver 14 May 2021

Approved for issue Kathryn Drew 14 May 2021

Document history Version Changes Signature Issue date V1 V2 V3

Client/other consultant logos – insert logos in the table below. START AT THE RIGHT-HAND MARGIN. Leave the table blank if N/A.

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TV3 Table of contents

1. Introduction ...... 1 1.1 Information requirements from the Act ...... 2 1.2 Order in Council information requirements ...... 2 2. Background ...... 4 2.1 The Applicant ...... 4 2.2 Wider Development ...... 4 2.3 Waikato District Plan Review ...... 4 2.4 Site Selection Process ...... 5 2.5 Importance of Progressing the Fast-Track Application ...... 6 2.6 Existing Resource Consents and Consenting Approach ...... 7 3. Project Location & Site Description ...... 9 3.1 Site context ...... 9 3.1.1 Site zoning ...... 9 3.2 Site ownership and legal description ...... 12 3.3 Applicant’s legal interest in the land ...... 12 3.4 Land adjacent to the site ...... 13 3.5 Road network ...... 16 3.5.1 Balemi Road ...... 16 3.5.2 Lumsden Road ...... 16 3.5.3 Tahuna Road ...... 16 3.5.4 State Highway 1 Ohinewai Interchange ...... 17 3.5.5 Walking and Cycling Infrastructure ...... 17 3.6 Topography and Soils ...... 18 3.7 Existing Vegetation ...... 18 3.8 Existing Fauna ...... 18 3.9 Existing watercourses ...... 19 3.9.1 Drain 1 ...... 19 3.9.2 Drain 2 ...... 19 3.9.3 Drain 3 ...... 20 3.9.4 Drain 4 ...... 20 3.10 Receiving environment ...... 20 3.11 Archaeology ...... 20 3.12 Historical Land Uses ...... 20 4. Proposed Activities ...... 21 4.1 Consented Activities ...... 22 4.2 Construction commencement ...... 22 4.3 Earthworks ...... 22 4.3.1 Certification of Management Plans and pre-start meeting ...... 22 4.3.2 Site clearance ...... 23 4.3.3 Installation and certification of erosion and sediment control devices...... 23 4.3.4 Geotechnical remediation works ...... 23

TV3 4.4 Dust Management ...... 25 4.5 Works duration and site stabilisation ...... 26 4.6 Traffic movements – construction ...... 26 4.7 Erosion and Sediment Control Measures ...... 27 4.7.1 ESCP Philosophy ...... 27 4.7.2 Team Approach ...... 27 4.7.3 Erosion and Sediment Control Devices and Measures...... 28 4.7.4 Last Line of Defence ...... 31 4.7.5 Monitoring ...... 31 4.7.6 Additional Measures...... 31 4.7.7 Artificial drain diversions ...... 32 4.7.8 Contamination Management ...... 32 4.7.9 Ongoing earthworks for civil construction activities ...... 33 4.8 The Foam Factory ...... 33 4.8.1 Factory Layout ...... 33 4.8.2 Bulk and location ...... 34 4.8.3 Signage...... 34 4.8.4 Landscaping ...... 34 4.8.5 Hazardous materials management ...... 35 4.8.6 Foam manufacturing processes ...... 36 4.9 Wastewater ...... 37 4.10 Water Supply ...... 37 4.11 Stormwater Management ...... 38 4.12 Firefighting requirements ...... 38 4.13 Site access, parking and manoeuvring ...... 39 4.14 Rail siding ...... 39 4.15 Lumsden Road Re-alignment ...... 39 4.16 Balemi Road realignment ...... 41 4.17 Lumsden Road Level Crossing & LCSIA ...... 41 5. Consents & Approvals Required ...... 42 5.1 Existing Resource Consents Held ...... 43 5.2 Permitted Activities ...... 43 5.3 Other Relevant Resource Management Processes ...... 45 5.3.1 Previous resource consents sought ...... 45 5.3.2 Waikato District Plan Review and Rezoning Submission ...... 46 5.3.3 Other Approvals Required ...... 48 6. Consultation ...... 49 6.1 Waikato Regional Council ...... 49 6.2 Waikato District Council ...... 49 6.2.1 March 2020 – Emergency Planning ...... 49 6.2.2 Fast-Track Consenting ...... 49 6.3 KiwiRail ...... 50 6.4 Fire and Emergency NZ ...... 50

TV3 6.5 Waka Kotahi/ NZ Transport Agency ...... 50 6.6 Department of Conservation ...... 50 6.7 Fish and Game ...... 50 6.8 Consultation with adjacent landowners ...... 51 7. Iwi Authorities and Treaty Settlements ...... 52 7.1 Engagement with Waikato Tainui ...... 52 7.2 Treaty settlements ...... 52 8. Assessment of Environmental Effects – Schedule 6, clauses 9(4), 10 & 11 ...... 53 8.1 Erosion and sediment control ...... 53 8.2 Dust Effects ...... 54 8.3 Effects Arising from the Use of Machinery ...... 55 8.4 Archaeological effects ...... 55 8.5 Geotechnical Suitability ...... 55 8.6 Stormwater Discharge Effects ...... 56 8.6.1 Water Quality Effects ...... 56 8.6.2 Water Quantity Effects ...... 57 8.6.3 Stormwater Operation and Maintenance ...... 57 8.7 Surface Water Diversion Effects ...... 57 8.7.1 Aquatic Habitat Effects ...... 57 8.7.2 Flood Water Displacement Effects ...... 58 8.8 Ecological effects ...... 58 8.8.1 Bats ...... 58 8.8.2 Avifauna ...... 59 8.8.3 Fish ...... 59 8.8.4 Lizards ...... 59 8.8.5 Vegetation ...... 59 8.9 Noise and Vibration Effects ...... 59 8.9.1 Construction Noise ...... 59 8.9.2 Construction Vibration ...... 60 8.9.3 Operational Noise ...... 60 8.10 Landscape and Visual Effects ...... 61 8.11 Transportation effects ...... 62 8.11.1 Construction Traffic ...... 62 8.11.2 Operational Traffic...... 62 8.12 Hazardous materials management ...... 63 8.12.1 Effects on human health ...... 64 8.12.2 Effects on property ...... 64 8.12.3 Effects on the environment ...... 64 8.12.4 Cumulative effects ...... 64 8.12.5 Transport of materials ...... 65 8.12.6 Overall assessment ...... 65 8.13 Greenhouse Gas Emissions ...... 65 8.14 Effects on the Waikato River and its Catchment ...... 66

TV3 8.14.1 Aesthetic Effects ...... 66 8.14.2 Recreational Effects ...... 66 8.14.3 Historical Effects ...... 66 8.14.4 Spiritual Effects ...... 67 8.14.5 Cultural ...... 67 8.14.6 Water quality and quantity effects...... 67 8.14.7 Mitigation Measures ...... 67 8.15 Positive effects ...... 68 8.15.2 Transport efficiencies ...... 68 9. Proposed Conditions of Consent ...... 69 9.1 Waikato District Council ...... 69 9.2 Waikato Regional Council ...... 69 9.3 Mitigation and Monitoring Measures ...... 69 10. Relevant Planning Documents ...... 71 10.1 National Environmental Standards ...... 71 10.1.1 NES - CS ...... 71 10.1.2 NES – AQ ...... 71 10.1.3 NES – FW ...... 71 10.2 Any other Regulations ...... 71 10.3 National Policy Statements ...... 72 10.4 Waikato-Tainui Settlement Act 2010 ...... 72 10.5 Waikato Regional Policy Statement ...... 74 10.6 Operative Waikato District Plan ...... 75 10.7 Proposed Waikato District Plan ...... 75 10.8 Waikato Regional Plan ...... 75 10.9 Waikato Tainui Environmental Plan – Tai Tumu, Tai Pari, Tai Ao ...... 75 11. Part 2 Resource Management Act 1991 ...... 76 11.1 Section 6 – Matters of national importance ...... 77 11.2 Section 7 - Other matters ...... 77 11.3 Section 8 – Treaty of Waitangi ...... 77 12. Covid-19 Recovery (Fast-track Consenting) Act – Purpose ...... 79 13. Conclusion ...... 84

TV3 APPENDICES

Volume 1 Appendix 1 - EPA Application Form & Checklist Appendix 2 – (Proposed) Ohinewai Structure Plan & Zoning Plan Appendix 3 – Existing Resource Consents Appendix 4 – Record of Titles Appendix 5 – Integrated Transport Assessment & Draft CTMP Appendix 6 – Geotechnical Report Appendix 7 – Ecological Impact Assessment Appendix 8 – Archaeological Report Appendix 9 – Contamination Reports Appendix 11 – Proposed Conditions of Consent Appendix 12 – Noise & Vibration Assessment & Stage 1A CNVMP

Volume 2 Appendix 13 – Architectural Plans Appendix 14 – Qualitative Risk Assessment Appendix 15 – Landscape & Visual Assessment Report Appendix 16 – Hazardous Materials Assessment Appendix 17 – Draft Emergency Plan Appendix 18 – Tangata Whenua Governance Group Approval Appendix 19 – Kaitiaki Environmental Values Assessment Appendix 20 – Greenhouse Gas Emissions Assessment Appendix 21 – Economics Assessment Appendix 22 – Social Impact Assessment Appendix 23 – WDP & WRP Objectives and Policies Assessment Appendix 24 – NPS-Freshwater Objectives and Policies Assessment Appendix 25 – Regional Policy Statement Objectives and Policies Assessment Appendix 26 – Waikato Tainui Environmental Plan Objectives and Policies Assessment

Volume 3 Appendix 10 – Infrastructure Report

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1. Introduction

This assessment of environmental effects report (AEE) has been prepared on behalf of Ambury Properties Limited (APL/the Applicant) in support of an application for resource consents submitted to an expert consenting panel (ECP) via the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the “Act”). The project proposed by APL includes the construction and operation of the Sleepyhead Foam Factory (the “Foam Factory”) and Rail Siding and connection to the North Island Main Trunk Railway (NIMT). The project is located at 88 Lumsden Road and 109-231 Tahuna Road Ohinewai and also utilises a small area of 154 Lumsden Rd which is on the northern corner of Lumsden Rd and Balemi Rd. These addresses differ from those provided in the Order in Council by which the project was referred under the Act as explained in detail in Section 3.2 below. The project includes the foam manufacturing plant, foam store, carpet underlay plant, foam conversion and bean plant. There are five separate buildings included in the complex and the total gross floor area of the foam factory is approximately 23,710m2. The foam factory development also includes temporary site sheds, rainwater re-use water tanks and pump house for water supply and three water tanks for firefighting purposes. Associated with the operation of the foam factory are the management of hazardous materials and air quality systems to account for air discharges. A rail siding connecting the site to the NIMT is proposed as part of the project as is the associated local road realignment to provide for the level crossing on Lumsden Road. The rail siding provides for access to the foam factory for incoming and outgoing goods to the Ports of Auckland and Tauranga and the wider rail network as required. Stormwater management wetlands are also proposed to manage stormwater flows from the impermeable surfaces and a fire sprinkler runoff pond is integrated into the site layout. To prepare the site for the construction of the foam factory and to construct stormwater treatment wetlands and sprinkler runoff infrastructure, earthworks over an area of approximately 31ha. is required. The importation of approximately 490,000m3 of cleanfill is required and geotechnical remedial works will consist of pre-loading and impact rolling and/or excavate and replace methodologies. A temporary haul road from Tahuna Road has been established at the site for the heavy vehicles transporting fill so as to avoid large numbers of heavy vehicles on Lumsden Road during earthworks and construction. Resource consents have been granted for some aspects of the project from the Waikato Regional Council (WRC) and Waikato District Council (WDC). Those consents authorise the earthworks for the extent of the factory (across 13.7ha), the construction haul road, the stormwater management associated with the factory and the air discharges from the factory. Earthworks authorised under those consents commenced on site in March 2021. The resource consents sought from the ECP (via this application), include the land use consents associated with the construction and operation of the foam factory and rail siding within the Rural zone, the additional earthworks required for the rail siding and the consents for stormwater management associated with the rail siding. This report has been prepared by Bloxam, Burnett & Olliver, with legal review completed by Berry Simons.

1 TV3 1.1 Information requirements from the Act As required, the prescribed EPA application form under the Act is included as Appendix 1. This AEE document expands on and is intended to supplement that application form, as necessary. This application complies with clause 3(1), Schedule 6 of the Act, in particular: • The application relates solely to one referred project, being the Ohinewai Foam Factory, confirmed by Schedule 8, Order in Council (COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020). • The application does not breach cl 2(3)(c) or (4). The application complies with the information requirements set out in the Order in Council. The activity does not include any prohibited activities in any plan or proposed plan or any regulations. The activity is not located within a customary marine title area.

• The application contains all the information required under clauses 9 to 13 of Schedule 6 to the Act. A checklist indicating where the relevant information is provided in this AEE is set out in Appendix 1. 1.2 Order in Council information requirements The Order in Council confirming the project as being Referred set out additional information to be submitted with the application. A table outlining the requirement and where this necessary information is found in this report is set out below.

Table 1.1 – Order in Council requirements

OiC requirement Location in Report (a) an assessment of the risks posed by the hazardous substances used onsite and Section 4.8.5 a description of the measures to be adopted to manage these risks.

(b) an integrated traffic assessment. Section 8.10 & Appendix 5

(d) an ecological report. Sections 3.7-3.9 & 8.8 & Appendix 7

(e) an archaeological report. Sections 3.11 & 8.4 & Appendix 8

(f) an earthworks methodology report. Section 4.3 & Appendix 10

(g) a noise and vibration report. Section 8.9 & Appendix 12

(h) a draft construction traffic management plan. Section 4.6 & Appendix 5

(i) a landscape and visual assessment. 8.10 & Appendix 15

(j) an emergency plan. Section 4.85 & Appendix 17

(k) an air quality report. Not required due to air discharge consent being granted

TV3 (l) an assessment of any greenhouse gases emitted during the foam production 8.13 & Appendix 20 process, and a description of measures to be adopted to reduce emissions.

(m) an assessment of the effects of the development on flood-water flows and 8.7.2 & Appendix 10 the proposed mitigation measures.

(n) an assessment of the effects of the development on the Waikato River and its Section 8.14 & 10.4 catchment and the proposed mitigation measures.

(o) an assessment to show why the proposed site is the best practicable option. Section 2.4

(p) an assessment of the project in light of the concerns raised by submitters in Section 5.3.2 the Ohinewai zoning hearings, and the measures proposed to resolve these concerns.

TV3 2. Background

2.1 The Applicant APL is an associated company of New Zealand Comfort Group Limited (NZCG), the manufacturer of Sleepyhead, Sleepmaker, Serta, Tattersfield and Design Mobel Beds along with Dunlop Foams and Sleepyhead flooring underlay. NZCG also produce a wide range of related products including pillows and mattresses. In addition, they manufacture a wide range of foam products for domestic, industrial and healthcare purposes. NZCG is a third generation New Zealand owned manufacturing business founded in 1935 and owned by two brothers who pride themselves in New Zealand-based manufacturing. NZCG is dedicated to building and maintaining a highly skilled and robust local manufacturing capability, using locally sourced components wherever possible. The manufacturing operations are currently based at several locations in Auckland and NZCG (via APL, which for the purposes of consistency, will be used throughout the remainder of this AEE) has been investigating options to consolidate all of their operations onto one site. It has searched extensively in Auckland and the Waikato for a suitable site. 2.2 Wider Development There are several drivers for APL’s relocation and consolidation on a single site: • As a major manufacturer that is importing raw materials and distributing and exporting products, APL wishes to be located adjacent to the NIMT as it receives and distributes goods through both Auckland and Tauranga Ports. APL has strong exports to China and Australia. Ambury was unable to find any suitable sites adjacent to the NIMT in Auckland. • The consolidation of all of APL’s operations onto one site leads to a requirement for a site of 30-35ha. No suitable sites of this size were identified in Auckland. • The Ohinewai/Huntly area is attractive to APL because of the strong local employment base. They are committed to a wide ranging technical training programme covering IT, chemical and mechanical engineering, trades and marketing. They are keen to work with local schools, other educational institutions and Waikato-Tainui to develop the appropriate technical and professional staff skills within the local labour force. These training initiatives commenced in 2020 when APL through Te Rui O Waikato identified a suitable group of people in Huntly and transported them daily to the existing Otahuhu factory where they were employed and gained training in readiness for the factory opening in Ohinewai.

The Applicant identified a suitable landholding of approximately 178ha on the corner of Lumsden Road and Tahuna Road, Ohinewai. The overall development area is currently zoned Rural in both the operative Waikato District Plan (WDP) and Proposed Waikato District Plan (PWDP). APL submitted on the PWDP, seeking the 178ha landholding be rezoned to appropriately provide for the relocation of all their current Auckland operations (including the Foam Factory) and their wider development plans. 2.3 Waikato District Plan Review APL’s re-zoning submission seeks that the site be rezoned to a mix of industrial, commercial and residential land, to enable a mixed-use development on the site which both includes and will support the Foam Factory. The submission is following the PWDP review process, which will determine the future 4

TV3 zoning of the wider site. A copy of the proposed Ohinewai Structure Plan and zoning plans are included as Appendix 2. The rezoning proposal has progressed significantly, with a two-week period of expert conferencing in June 2020 followed by a hearing held from 14 to 16 September 2020. The Hearing Panel subsequently sought further information regarding the proposed plan provisions for the rezoned land. However as of 31 March 2021, no decision on the rezoning has been released. Therefore, the resource consents sought via this application relate to establishing an industrial activity (being the Foam Factory) in the Rural Zone (under both the WDP and PWDP) and related regional resource consents (not affected by the status of the PWDP zoning). 2.4 Site Selection Process This section describes the site selection process and responds to clause 6 (1)(o) of Schedule 8 of the Order in Council which refers to ‘an assessment to show why the proposed site is the best practicable option’. With APL having made the decision to relocate their Auckland operations to a single location, a number of criteria needed to be satisfied in identifying a suitable site to relocate to. The key site location criteria were:

• Within a one-hour drive from Auckland City (and Ports of Auckland); • Of a sufficient size and otherwise suitable for the construction of a 100,000m2 factory for APL’s manufacturing operations; and • Proximate to the State Highway network and to the NIMT where a rail siding could be constructed to offload imported steel wire and fabric that would primarily be transported from Auckland port and to onload product that would be primarily transported to Tauranga port for export. In addition, APL wanted to be able to offer the opportunity of home ownership to their workers who cannot afford to own a house in Auckland. APL needed the ability to construct homes that are financially achievable for staff to own. This meant they needed enough land to establish a cohesive residential community nearby. The ability to attract like-minded and associated businesses to the same area was also a key criteria. APL recognised the efficiency of clustering similar businesses that would support one another and maximise the use of the rail siding. It was also essential for APL to own its own site, as they are a long-term investor in facilities and infrastructure. A location which would offer APL a high public profile for their ‘Sleepyhead’ brand was also important. Over a six month period, APL advisers searched extensively throughout Auckland and the Waikato for a site that met these criteria. It soon became apparent that there was no feasible site in Auckland. This is primarily because there was no site that would enable APL to meet its objectives of accessibility to road and rail, as well as providing financially accessible housing to its workers. A number of areas within one hour of Auckland were explored, predominantly located along the NIMT, including Drury, Pukekohe, Tuakau, Pokeno, Meremere, Te Kauwhata, Huntly, Ngaruawahia and Waharoa. APL also considered Ruakura, at the request of Waikato-Tainui. The process for site selection involved physical trips to all locations, discussions with local real estate agencies, and councillors and council officers so as to potential opportunities in their area, and with guidance from a consultant planner. 5

TV3 Most sites could immediately be discounted because they would be too small to accommodate APL’s operations. Only three potential sites were identified, being Meremere, Ruakura and the site (Ohinewai). Meremere and Ruakura were discounted as their owners, Tainui Group Holdings would not sell their land, and Ruakura was also too far from Auckland. Further, it was understood that Meremere was likely to become an area occupied by heavy industry, which would not be consistent with APL’s operations (clean manufacturing, white linen, etc.). The requirement to be adjacent to the NIMT was also a limitation as the NIMT runs alongside to the east and parallel to the Waikato Expressway through north Waikato. This meant that any site needed to be to the east to avoid the siding crossing the Expressway. One of the largest industrial areas identified was a 17 hectare area at the northern end of Huntly. Geotechnical advice was received that the potential of the site was limited by the presence of numerous non-surveyed underground mines and that it should therefore be avoided. In addition, the site was not large enough to meet APL’s needs. The Ohinewai site was eventually identified, which was ideal in terms of its large size; its positioning in the “Golden Triangle” between Auckland, Tauranga and Hamilton; and its proximity to the NIMT and State Highway 1. The existing grade-separated interchange provided significant under-utilised capacity to access the Expressway. The site was not connected to urban water supply and wastewater services, but early discussions with WDC staff and councillors indicated that strategic planning was underway for new or upgraded wastewater treatment and water supply services in the locality, largely to deal with pre- existing constraints and expected growth. This provided sufficient confidence that these services would be available in the long term, although APL accepted that in the short term they would need to provide their own services. At 178ha, the site offered an opportunity to build a custom manufacturing facility, enabling APL to consolidate and expand the business as well as to achieve their goal of providing opportunities for staff to settle in a location where quality home ownership is more achievable. During the course of the site selection process strategic planning documents also emerged that identified the site for potential development. In 2018/2019 the Waikato District Blueprints were produced by WDC. They are high level guiding strategies designed to inform subsequent planning documents such as the District Plan, the Long Term Plan and growth strategies. The potential development of Ohinewai East to provide for residential and employment activities was identified spatially in the Blueprint. In addition, the draft Growth and Economic Development Strategy – Waikato 2070, was released for public consultation in late 2019. It included a ‘Development Plan’ for the Huntly/Ohinewai area. The draft identified Ohinewai as a cluster for industrial development in two stages, with the subject site being identified for stage one development over 3-10 years. The final version of this growth strategy, released in May 2020, also identified residential development in Ohinewai East. These strategic planning documents provided further confidence that APL’s site selection was consistent with WDC’s long term planning. Therefore, having considered a wide range of alternative sites against APL’s criteria, the Ohinewai site was selected as (and is considered to be) the best practicable option. 2.5 Importance of Progressing the Fast-Track Application APL decided to progress applications for approvals for the Foam Factory in parallel with the rezoning process because of the urgent need to construct a new foam factory to replace the current Auckland 6

TV3 plants. The current Avondale foam manufacturing plant operates out of leased premises. The plant was installed in 2000 and operates on outdated technology, constrains opportunities to reduce waste and implement other environmental improvements. The small size of the Avondale site also limits expansion opportunities, and the leasehold tenure does not provide a firm basis for long term investment. The restrictions on storage at the Otahuhu site, which also has a foam factory, means that in addition to producing shorter runs than desirable in a modern plant, no more than 14 blocks of foam can be stored at a time. This restricts production. Essentially both plants are past their ‘use by’ date and the additional expenditure on maintaining compliance and keeping old sites up to standard is better spent on a new site. Given the reasonably technical nature of the applications and associated timeframes for processing, it was important that initial consenting processes advance in parallel with the rezoning. If the Foam Factory approval was lodged after the decision on the rezoning, including the time required for any appeals, that would add several months and possibly years, to the development programme. Those time delays come with significant additional costs of continuing to operate inefficiently in Auckland. The fast-track process provides a real opportunity for APL to progress investment in their future operations and to accelerate the construction of associated rail-siding infrastructure. The successful referral and ability to apply for resource consents via an ECP is expected to reduce the length of the consenting process, thus enabling construction to start much sooner that it would using the normal RMA consenting process. 2.6 Existing Resource Consents and Consenting Approach Some aspects of the project have already been authorised via resource consents granted by the WDC and WRC under the RMA. These resource consent applications were lodged before the Minister for the Environment approved the project being referred to the EPA, and mainly cover preliminary earthworks and geotechnical remediation of the site. As the timing of those approvals was critical to being able to commence earthworks in the 2020/2021 earthworks season, they were pursued through to approval and were granted on a non-notified basis. Those earthworks consents and associated stormwater consents do not include the rail siding, so they do not comprehensively cover all aspects of development of the Foam Factory and associated infrastructure. Earthworks consents are held for the bulk earthworks required to prepare the site for the factory development. The earthworks consents authorise 13.7ha. of works and the construction of a haul road to the site from Tahuna Road. This is referred to as Stage 1A throughout the earthworks reporting (with the remaining earthworks to be consented via this application being referred to as the Stage 1B earthworks). A stormwater discharge consent is held for the stormwater management associated with the factory and associated hard stand areas. An air discharge permit is held for the discharges associated with the factory manufacturing processes. Table 2.1 below summarises the consents already granted by WDC and WRC. Resource consents sought from the ECP via this application are the land use consents for the factory (e.g. bulk and location, signage, management of hazardous materials) under the District Plan, and regional resource consents associated with construction of the rail siding (being additional earthworks/impermeable surfaces and stormwater disposal). Copies of the existing consents are included in this Application as Appendix 3.

TV3 Table 2.1 – Existing resource consents

Consent Activity Activity Type Resource consent Expiry Status authority reference WDC Bulk earthworks Land Use LUC/0200/21 25 March In the process of 2026 being implemented

WRC Bulk earthworks Land Use AUTH142166.01.01 15 February In the process of associated with 2026 being implemented the Ohinewai foam factory

Air discharge Air AUTH142166.02.01 15 February Not Implemented consent from the permit discharge 2041 Ohinewai foam factory

Stormwater Water permit AUTH142166.03.01 15 February Not Implemented discharge discharge 2056 associated with the factory operations.

Diversion of Water AUTH142166.04.01 15 February In the process of surface water permit diversion 2026 being implemented

Surface water take Water permit take AUTH142166.04.01 15 February In the process of associated with 2026 being implemented the bulk earthworks

The proposed consenting approach is to seek resource consents from the ECP that complement and are consistent with the above resource consents, and thereby authorise the remaining aspects of the Foam Factory and rail siding development that are not currently consented. The present application is not a parallel (or overlapping) consenting process, but a complementary and sequential one, which builds on the resource consents that have already been granted. Therefore, it does not contravene cl. 28 (3) of the Act which requires consents for the same activity that have been lodged with local authorities, to be withdrawn. This report identifies the scope of the assessments and other information that are necessary to obtain the complementary consents and does not revisit issues that have been addressed through the existing consents. Particular attention is given to drafting conditions that will sit alongside and complement the existing consent conditions, while noting that some minor repetition will be unavoidable.

TV3 3. Project Location & Site Description

The site address of the foam factory, rail siding and associated stormwater infrastructure is 88 and 109- 231 Lumsden Road, Ohinewai. An aerial plan of the site is shown in Figures 3.1 and 3.2 overleaf. The site is not part of the Coastal Marine Area. 3.1 Site context The site is located close to State Highway 1 and the grade-separated Ohinewai interchange. The NIMT is located across from the site and provides the opportunity for the rail siding to connect to the rail network and from there, to the ports of Auckland and Tauranga. The site is well located within the ‘golden triangle’ between Auckland, Tauranga and Hamilton. The site is generally in pasture and is historically part of a wider dairy farming operation that includes 88 Lumsden Road and 109-231 Tahuna Road. The subject site for the Foam Factory and rail siding occupies what is known as 88 Lumsden Road, with the haul road and stormwater infrastructure located on parts of 109-231 Tahuna Road. The site is largely undeveloped apart from site sheds located adjacent to the site entry and a collection of shipping containers used as storage by the Applicant. Bulk earthworks across the site in preparation for the Foam Factory development commenced in March 2021. Lumsden Road is a no exit road, with a number of commercial and industrial premises located approximately two kilometres to the north. A small number of residential properties are located across from the site on Lumsden Road, directly adjacent to the NIMT. Two rural residential properties are also located to the south of the site, with the wider farm operation beyond that. Beyond the site boundaries and approximately 1km to the east sits reserve land and Lake Rotokawau. The Waikato River is located approximately 1km to the west. 3.1.1 Site zoning The site is zoned Rural in the WDP and has a Coal Mine Policy Area overlay. The site is zoned Rural under the PWDP, with no overlays or Policy areas noted. As discussed in Section 2.2 above, if APL’s rezoning submission to the PWDP is successful, the relevant parts of the site subject to this application will be re-zoned Industrial.

TV3

Figure 3.1. Aerial plan of Foam Factory site

NIMT Railway

Lake Rotokawau

Waikato River

Subject site

Ohinewai SH1 Interchange

10 TV3 Figure 3.2 – Proposal Extents Overview

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3.2 Site ownership and legal description The site includes the following landholdings:

• 88 Lumsden Road, legally described as Allotment 405 Parish of Whangamarino (RT SA42D/983) and is 36.9554 hectares in size more or less. Ownership: Ambury Properties Limited. • 109 Tahuna Road, legally described as Lot 2 DPS 29288 (RT SA1250/17 & SA26D/299) and is 61.1275 hectares in size more or less. Owners: Ambury Properties Limited. • 231 Tahuna Road, legally described as Lot 1 DPS29288 (RT SA44B/473) and is 68.1385 hectares in size more or less. Ownership: Ambury Properties Limited. • 154 Lumsden Road (Corner of Lumsden Rd and Tahuna Rd), legally described as Lot 1 DP 21944 (RT SA42D/977). Owners: Malcolm John Lumsden, Eileen Laurel Lumsden and SR Hamilton Corporate Trustee Limited. The proposal is located on land identified in clause 5 of Schedule 8 of the Order in Council, with the following exceptions:

• Works are no longer required to be undertaken on 52 Lumsden Road, legal description Lot 3 DP 474347 (record of title 650547). The construction haul road was previously identified to be located on this land, however further design has led to the road being relocated to the east (on APL land, 109 Tahuna Road). The construction of the haul road commenced in March 2021 under the existing resource consents (copies included in Appendix 3) and relevant conditions1. • Stormwater management and ecological restoration works are located on 231 Tahuna Road, legal description Lot 1 DPS29288 (record of title SA44B/473). APL own this land. Further design work identified the requirement for stormwater management on this land and ecological restoration plantings are also proposed in this location. • Further design work identified the need for road realignment works and visibility requirements on 154 Lumsden Road, legal description Lot 1 DP 21944 (record of title SA42D/977). This land is in the ownership of Malcolm John Lumsden, Eileen Laurel Lumsden and SR Hamilton Corporate Trustee Limited.

All relevant titles are included as Appendix 4. There is nothing on the titles that precludes development going ahead. 3.3 Applicant’s legal interest in the land APL is both the Applicant and the owner of the majority of the subject land. The proposed realignment of Balemi Road and Lumsden Road required to establish the rail siding requires a portion of adjacent land (154 Lumsden Road) of approximately 570m2. A further 370m2 of that property is required to be clear of vegetation and buildings due to intersection visibility requirements and will likely require land covenant or other such encumbrance. Discussions are underway with the landowner (Eileen and Malcolm Lumsden Family Trust) with respect to the required land acquisition. There is an existing lease arrangement with the current occupier of the land for farming operations at 88 Lumsden Road and 109-231 Tahuna Road. This lease agreement does not restrict the ability of APL to complete the work that is required for the project.

1 Condition 28 – WDC LUC/0200/21 & Condition 10 WRC AUTH142166.01.01 12 TV3 3.4 Land adjacent to the site The owners and occupiers of the land adjacent to the site is identified in Table 3.1 below, with the supporting plan outlined below as Figure 3.2. We have listed Malcolm and Eileen Lumsden as adjacent owners and occupiers as only a very small portion of their land is included in the application and the property will continue to operate as a dairy farm.

Table 3.1 – Adjacent land, owners and occupiers

Ref: Property Address Legal Description Owner Occupier 1 154 Lumsden Lot 1 DP 21944 Malcolm John Lumsden, Eileen Unoccupied farmland REDACTED Road Laurel Lumsden and SR Hamilton SA42D/977 Corporate Trustee Limited

2 Balemi Road Allotment 509 Ohinewai Lands Limited Unoccupied farmland Whangamarino Parish

SA634/172 (fee simple)

3 Balemi Road Allotment 731 Conservation Estate Conservation Estate Whangamarino Parish

4 282 Tahuna Road Allotment 761 Ohinewai Lands Limited Ohinewai Lands Limited Whangamarino Parish

SA33A/443 (fee simple)

5 166 - 212 Tahuna Lot 1 DP 36936 Ohinewai Lands Limited Ohinewai Lands Limited Road SA33A/444 (fee simple)

6 Allotment 571 Taupiri Ohinewai Lands Limited Ohinewai Lands Limited Parish

SA33A/52 (fee simple)

7 Part Allotment 49 Recreation Reserve Waikato District Council/ Taupiri Parish Department of Conservation

8 Allotment 656 Taupiri Recreation Reserve Waikato District Council/ Parish Department of Conservation

9 Part Lot 3 DP 8993 B L Trustee Company Limited Unoccupied farmland

SA785/233 (fee simple)

10 41 Lumsden Road Lots 1-2 Deeds Plan 87 Marie Gwenneth Billington, Marie Billington

SA557/15 (fee simple)

11 49 Lumsden Road Lot 3 DP 452079 Leigh Isabel Taylor, Martin John Taylor 577381 (fee simple) Leigh & Martin Taylor

12 49 Lumsden Road Lot 2 DP 452079 Leigh Isabel Taylor, Martin John Taylor 577380 (fee simple)

SA557/11 (minerals)

TV3 13 49 Lumsden Road Lot 1 DP 452079 Leigh Isabel Taylor, Martin John REDACTED Taylor 577379 (fee simple)

14 63 Lumsden Road Lot 1 DPS 31605 Gary Duncan Rendall Gary Rendall

SA28A/972 (fee simple)

15 67 Lumsden Road Lot 2 DPS 31605 Victoria Aroha Bray Vicky Bray

SA28A/973 (fee simple)

16 71 Lumsden Road Lot 3 DPS 31605 Jennifer Anne Loveridge, Dallas & Jennifer Williams

SA28A/974 (fee simple) Motu Dallas Meihana Williams

17 75 Lumsden Road Lot 10 Deeds Plan 87 Richard Marsh & Shanette June Richard & Shanette Marsh Marsh SA557/19 (Fee simple)

18 81-85 Lumsden Lot 11 DEEDS 87 Suzanne Clara Stow Sue Stow & Murray Bawden Road SA557/21 (Fee Simple)

19 58 Lumsden Road Lot 1 DP 474347 Iain Hamish MacDonald, Luressa Iain & Luressa MacDonald Kay MacDonald

20 56 Lumsden Road Lot 2 DP 474347 Daniel Bruce Holmes, Rebekah Daniel & Rebekah Holmes Joyce Holmes

21 52 Lumsden Road Lot 3 DP 474347 Evans Bailey Trustees 2017 Bruce Holmes Limited, Bruce Alexander Holmes

TV3

Figure 3.2. Adjacent land

18 17 16 3 15 14 19 13 21 20 12 11

5 4

8 7 6

15 TV3

3.5 Road network The site is located on the corner of Balemi Road and Lumsden Road, Ohinewai. The existing haul road for the consented Stage 1A earthworks operation has direct access to Tahuna Road, approximately 190m to the east of the intersection of Tahuna Road and Lumsden Road. An Integrated Transport Assessment (ITA) has been completed for the site and that report (included as Appendix 5) sets out a description of the surrounding road network. In summary, the report describes the road network as follows. 3.5.1 Balemi Road Balemi Road runs along the northern boundary of the site and is a no-exit road providing access for a single property. The road is currently unsealed with an approximately 4.5m wide carriageway. The road is currently in a poor condition, with potholes observed at several locations along the road. 3.5.2 Lumsden Road Lumsden Road is classified as a Local road and is a no-exit running along the western boundary of the site and is accessed via Tahuna Road in the south. The existing road has a seal width of approximately 6.6m in the vicinity of the site, with a kerb & channel treatment on the western carriageway boundary. Lumsden Road provides access to several commercial and industrial activities to the north of the subject site, including two timber processing plants and a house removal company yard. Lumsden Road has an average daily traffic (ADT) of 555 vehicles per day (VPD) as at 2019, with heavy vehicles making up approximately 16% of the ADT. Approximately 15% of the ADT on Lumsden Road occurred during the peak hour (with 85 vehicles per hour during the PM peak hour). The current operating speed was recorded as 81km/h (measured approximately 120m north of the Tahuna Rd & Lumsden Rd intersection). the posted speed limit is 100km/h. The site is accessed from Lumsden Road via a recently improved access point constructed for the Stage 1A earthworks operation occurring on site. 3.5.3 Tahuna Road Tahuna Road is classified as an Arterial road, providing east-west connectivity within the district, including a connection between SH1 and SH27. The existing road has a seal width of approximately 8.0m, with unsealed shoulders on both sides of the road. Based on traffic count data collected in August 2019, the section of Tahuna Road between the Ohinewai Interchange and Lumsden Road has an ADT figure of 2,250 VPD with heavy vehicles making up approximately 16% of the average daily traffic. Just over 10% of the average daily traffic on Tahuna Road occurred during the peak hour (with 245 vehicles per hour during the PM peak hour). The current operating speed for the section of Tahuna Road between Lumsden Road and the SH1 interchange was recorded as 61.6km/h; this is within the 100km/h posted speed limit of the road. The low speed along this section of Tahuna Road is largely due to the configuration of the Tahuna Road & Lumsden Road intersection (i.e. roundabout configuration) and the proximity of the SH1 interchange ramp intersections. The operating for the section of Tahuna Road to the east of the Lumsden Road intersection (approximately 200m east of the Tahuna Rd & Lumsden Rd intersection) was recorded as 88.9km/h; this is also within the 100km/h posted speed limit of the road.

16 TV3 An entry for the construction haul road has recently been constructed on Tahuna Road. This site entry will be utilised for the earthworks operations for both Stages 1A and 1B and for the site construction access as required. 3.5.4 State Highway 1 Ohinewai Interchange The SH1 Ohinewai Interchange ramps form part of the national state highway network built and maintained by the NZTA. The on- and off-ramps each provide a single traffic lane with shoulders over a seal width of approximately 7.1m and 7.3m respectively. • The eastern intersection of the interchange is controlled with a Compulsory Stop on the southbound off-ramp, while the western intersection is a 4-leg single circulating lane roundabout with two-way traffic flow on the Tahuna Road approaches only. • Based on traffic count data collected in August 2019 along the Ohinewai Interchange ramps, the major vehicle movements at the interchange were to/from north of Ohinewai (i.e. along the northbound on-ramp and southbound off-ramp); just over 65% of the ADT at the interchange was recorded along these ramps (this indicates a 65%:35% north/south split at the interchange). • The operating speed along the Ohinewai Interchange ramps ranges between 63km/h and 75km/h, with the highest speeds on the Interchange recorded on the northbound on-ramp.

3.5.5 Walking and Cycling Infrastructure Given the current rural zoning in the area, very low volumes of pedestrians are expected to the east of the SH1 expressway. This is evident from the lack of pedestrian facilities in the area around Tahuna Road and Lumsden Road. Cyclists are rarely observed in the area at present, although provision currently exists by way of cycle lanes on the shoulders of the SH1 expressway. No formal facilities have been provided for cyclists in Ohinewai or on Tahuna Road or Lumsden Road. As part of the Waikato District Council resource consent approval for the Stage 1A earthworks, conditions relating to cyclist safety on the interchange overbridge have been imposed. Those requirements are set out below and will be undertaken as required. 29. A Construction Traffic Management Plan (CTMP) must be submitted to Waikato District Council at least 10 days prior to works commencing on site. The CTMP shall be based on the draft submitted as part of the application. The CTMP shall also include the following safety improvement measures: (a) Vegetation trimming to improve visibility at the Lumsden Road site entry. (b) Installation of static cyclist warning signs on the approaches to the Expressway and rail overbridges, as well as on the off-ramps of the Interchange. (c) Only if the clean fill source is from north of the site, the installation of an electronic flashing cycle warning sign at the southbound off-ramp intersection with Tahuna Road, with activation by appropriate detector systems when cyclists are present at the top of the off- ramp or cycling over either of the overbridges.

TV3 3.6 Topography and Soils The site is typically low-lying with grade falling very gently from west to east with the highest point of the site in the west of approximately 10.5m to approximately 6.5m in the east of the site. Preliminary geotechnical investigations have been undertaken across the site by Initia Limited and have shown the site comprises a mix of sands with pumice gravels overlain by approximately 175-300mm of topsoils. The geotechnical reports relevant to the application are included as Appendix 6. Two reports have been completed, one to address the investigations and assessment for the foam factory and Stage 1A earthworks area, and a separate report to address the rail siding works and Stage 1B earthworks area. As described in the reporting, the site is underlain by an upper layer of loose silty sand overlying highly compressible peat. The thickness of the sand decreases to the east of the site while the thickness of the peat increases. Ground conditions are therefore less favourable to the east. Groundwater levels are expected to be present between approximately 1.5m to 0.5m depth. The site is highly susceptible to liquefaction. The proposed methods to mitigate the ground conditions are discussed later in this report. 3.7 Existing Vegetation A number of ecological assessments have been undertaken for the site by Ecology New Zealand. Reporting was completed the for Stage 1A earthworks approvals (now consented) and more recently, an assessment was completed on the proposed works for the Rail Siding and associated works (Earthworks 1B). Their report is included as Appendix 7. A summary of their reporting described the site vegetation is outlined below. • Overall, the vegetation within the proposed footprint area was of low quality with little diversity. • Vegetation is dominated by pasture grass with few scattered exotic trees (Willow, Sweet Chestnut, London Plane, Liquid Amber) and part of a hedgerow of Japanese Cedar located in the eastern extent of the site. • Vegetation communities associated with lower lying areas of the site and those adjacent to drainage channels were characterised by juncus, carex, willow weed and patches of ferns.

Vegetation clearance for the Stage 1A earthworks commenced in March 2021. The clearance is subject to a Bat Management Plan that has been prepared in line with the ecologist’s recommendations and conditions of the resource consents. APL have proposed a similar condition of consent for this application (refer to Section 9 below). 3.8 Existing Fauna The ecological report outlines a detailed assessment of both the terrestrial and aquatic fauna present within the subject site. The findings are summarised below:

• The site provided moderate quality foraging habitat, primarily for bird (avifauna) species that have adapted to open agricultural landscape areas. Given the moderate foraging habitat and low amount of nesting habitat, the overall value for avifauna onsite is considered to be moderate.

TV3 • Suitable habitat for ground-dwelling lizards was minimal onsite and mainly comprised of inorganic farm debris such as corrugated iron sheets next to existing structures. Targeted manual searches across the proposed works footprint did not confirm the presence of native lizards onsite, however several non-native rainbow skinks were observed within the habitat. No suitable habitat for arboreal lizard species was observed onsite. • Potential bat roosting habitat is present on site by means of various exotic trees located across the site. Due to surrounding bat monitoring exercises finding very little bat activity, the actual likelihood of bats being present on site at any one time is substantially reduced, however cannot be entirely discounted. • Fish traps were set within the farm drains and no fish were seen or caught. Ecology New Zealand have assessed that given the poor-quality habitat on site it is considered unlikely that anything other than highly tolerant species (e.g., shortfin eels and gambusia) would persist in these watercourses. • A black mudfish survey was undertaken across the site. No mudfish were found and it is considered that it is unlikely given the habitat conditions, poor connectivity downstream and zero catch during the survey. Fish Management Plans are being implemented on site for the Stage 1A works. APL have proposed identical conditions of consent2 for this application (refer to Section 9 below and Appendix 11). 3.9 Existing watercourses Various watercourses are present on the site and have been assessed as being artificial watercourses and have contributing catchments that are less than 100ha. A number of watercourses on the site will be realigned, piped or culverted as part of the Stage 1A earthworks operation that has been consented. The ecological assessment for the Stage 1B works (Appendix 7) has described the watercourses as follows. 3.9.1 Drain 1 Drain 1 comprises two branches in the east of the works area. The drains were assessed previously and named as the Eastern Drain and Southern Drain respectively. The works underway on site will realign these drains, however the drains will remain flowing to the Balemi Road Drain that runs perpendicular to Balemi Road. Within the works footprint both of these drains were completely dry at the time of assessment with terrestrial pasture grasses growing throughout. Drain 1 is aligned directly west to east, passing under an existing farm race. At the confluence with the Balemi Road Drain, Drain 1 was dry and dropped down a short way through various grasses. The invert of the drain bed was slightly perched at the time of assessment, however, would not be perched during winter when water levels are higher in the Balemi Road Drain. No habitat for aquatic fauna was present at the time of assessment. 3.9.2 Drain 2 Drain 2 is of a short length and begins the east of the existing farm race and was aligned directly west to east prior to joining the Balemi Road Drain. This drain was completely dry at the time of assessment with rank

2 Condition 7i – District Land Use Condition 29 – Regional Land Use Earthworks 19

TV3 pasture grass present throughout. At the eastern end of this drain there was a step down to the Balemi Road Drain meaning there was no connectivity at the time of assessment. 3.9.3 Drain 3 Drain 3 begins adjacent to Lumsden Road and will be realigned as part of the Stage 2 as per approved erosion and sediment plans. For the Stage 2 works approximately 160m of the drain is located within the proposed Stage 2 footprint. The eastern end of this drain was level with the Balemi Road Drain at the time of assessment and water was present at the confluence for approximately 20m before becoming dry further west. Pockets of wet or recently wetted areas were present further upstream of the Stage 2 footprint. 3.9.4 Drain 4 Drain 4 begins as a looped channel approximately 140m east of Lumsden Road. Sections of the drain at the western end were open to stock and subject to pugging and bank degradation. Within the Stage 2 footprint Drain 4 was predominantly dry with a small pool present just prior to the confluence with the Balemi Road Drain. 3.10 Receiving environment For the Stage 1A earthworks and factory development (authorised by existing resource consents), the receiving environment is the Balemi Road drain located at the eastern end of Balemi Rd (beyond the site) before eventually draining into Lake Waikare. For the Stage 1B stage of works, including the rail siding, the receiving environment will be within the site to the east, adjacent to Lake Rotokawau. Both the Balemi Drain and Lake Rotokawau discharge to Lake Waikare. 3.11 Archaeology An archaeological assessment of the site has been completed by Warren Gumbley and is included as Appendix 8. The assessment has shown that while there are recorded sites in the surrounding area, within the proposed development area there are no recorded sites. Furthermore, results from a walkover survey did not identify anything of archaeological interest. Warren Gumbley concludes that ‘It is possible that there are subsurface archaeological features and deposits within the proposed development area that leave no surface visible trace. However, we believe the potential for unidentified archaeological deposits is very low to nil.’ 3.12 Historical Land Uses Both a preliminary site investigation (PSI) and a detailed site investigation (DSI) has been undertaken for the site by Geosciences Limited (GSL) and copies of those reports are included as Appendix 9. As a result of the investigations, the PSI identified several locations within the Stage 1 works area where activities or industries included in the MFE HAIL appear to currently be, or have historically been undertaken on the area subject to this application. Subsequently, a DSI was undertaken to further report on the potential for contamination to be present. The DSI found a discrete area with elevated lead levels, and GSL provided a remedial action plan (RAP) and site management plan (SMP) that addresses the remediation of the small area of concern. Those requirements were captured in the existing resource consents granted for earthworks currently underway on site. Regarding the Stage 2 works area, the PSI outlined that there were no potential sources of soil contamination located with the proposed Stage 2 works area.

TV3 4. Proposed Activities

Resource consents are sought for the construction and operation of the Ohinewai Foam Factory (the Foam Factory) and associated rail siding that will provide access to the North Island Main Trunk railway (NIMT). Stormwater infrastructure associated with the foam factory and rail siding is proposed and includes stormwater wetlands, swales and dispersal structures. Approximately 31ha of earthworks across the site to prepare for the development is proposed (inclusive of the 13.7ha already consented). In summary, the site works include: • Clearing of trees and shrubs and removal of existing farm structures and rubbish • Site works over an area totalling approximately 31ha. • Stage 1A area = 13.7ha. • Stage 1B area = 17.3ha. • For Stage 1A, cut to fill earthworks are required, along with the importation of cleanfill for filling and preloading potentially totals approximately 280,000m3 and for Stage 1B, approximately 210,000m3. • Geotechnical remediation of the site is required via impact rolling, excavate and replace and/or preloading. • Site works will be subject to extensive erosion & sediment control measures including sediment retention pond, decants, silt fences, clean water drains, dirty water drains. • The remediation of a discrete area of contaminated soil close to the site entry. • The filling and diversions of existing farm drains.

In summary, the factory construction and operations include:

• The factory complex of five separate buildings totalling 23,710m2 gross floor area and ranging in height from 11m to 17.9m. • Installation of signage on the factory building 17.8m x 3.5m in size. • Parking and access including upgrading the main access off Lumsden Road, forming of 52 carparks and 10 bicycle parks for 50 staff. • Site landscaping, including retention of the existing Plane tree and a 15m wide Lumsden Road landscape buffer. • Stormwater management via on-site stormwater management wetland and proprietary devices. • Wastewater management via existing on-site Biocycle wastewater plant and land disposal field. • Water supply via 800m3 rainwater reuse tank and back up on-site bore supply (up to 15m3 per day). • The storage and management of hazardous materials, in particular di-isocyanates. • The manufacturing process requires air discharges to be managed appropriately, this is via a best- practice carbon filter and discharge stack.

In summary, the rail siding construction and operations include:

• Site works to prepare for the rail siding within the APL site, within Lumsden and Balemi Road and within the NIMT corridor (Stage 1B earthworks). • Construction of the rail infrastructure and apron areas adjacent to the Foam Factory. • Rail operations to support the Foam Factory is estimated to be two train movements per day. • Realignment and upgrading of Lumsden and Balemi Roads, and construction of the rail siding level crossing. • Stormwater management, including additional stormwater management wetlands, conveyance swales and dispersal area.

TV3 • Restoration plantings of approximately 1ha adjacent to the stormwater dispersal area.

A more detailed description of the proposed works is outlined in the sections below. Site works are covered in Sections 4.3 to 4.7, whereas factory and rail siding construction details are covered in Sections 4.8 to 4.17. 4.1 Consented Activities As described in Section 2.6 above, APL holds existing resource consents from WDC and WRC for preparatory earthworks across 13.7ha of the site and haul road construction to Tahuna Road. Those consented works are referred to in this report as Stage 1A earthworks. Regional consents are also held for the stormwater management and air discharges from the Foam Factory. Where necessary, reference will be made to the overall proposal having existing approvals in the sections below, and will identify the scope of the activities that still require authorisation. Because it is difficult to distinguish between the effects of some consented and unconsented aspects such as earthworks, general descriptions of the environmental effects are included. The draft conditions are designed to complement the existing consent conditions and avoid repetition as far as possible. 4.2 Construction commencement Earthworks and geotechnical remediation works for the factory and the rail siding is approximately three earthworks seasons in duration and will be completed in stages across the site. Earthworks for the factory building platforms and associated infrastructure will be completed first and preliminary earthworks to prepare the site commenced in March 2021 (Stage 1A earthworks). Building consents for the factory are expected to be lodged in mid-2021 and factory construction is expected to commence in late 2021 and operational by late 2022. Earthworks for the rail siding (Stage 1B) will be completed within the three season earthworks period, and the rail siding is currently programmed to be operational in 2024. 4.3 Earthworks In total, 31ha of earthworks are proposed for the factory building platform, to prepare the site for the construction of the rail siding and level crossing, the realignment of Lumsden and Balemi Road, to construct additional stormwater management infrastructure. An earthworks methodology report and supporting drawings have been prepared for the proposal and are included as Appendix 10. A summary is set out below. It is noted that the description of the works below is based on the current earthworks methodology and provides for a good understanding of the works to be undertaken on site. Once a contractor(s) has been engaged, there may be amendments to specific methodologies, however it is envisaged the Management Plan certification process can account for any changes to the preliminary methodology outlined below. 4.3.1 Certification of Management Plans and pre-start meeting Prior to works commencing, certification of the proposed construction management plan (CMP) will be sought from the relevant Council officers and appropriate notice given of the intention to start works. A pre- works meeting will be arranged on-site with the relevant attendees present. The CMP is proposed to account for any updated methodologies for the works on site and will include the following:

• Bat Management Plan (BMP). • Construction Traffic Management Plan (CTMP). 22

TV3 • Erosion and Sediment Control Plan (ESCP). • Fish Management Plan (FMP). • Dust Management Plan (DMP). • Construction Noise and Vibration Management Plan (CNVMP).

The management plans outlined above have been prepared for the Stage 1A earthworks program currently underway. Conditions of consent for Stage 1B earthworks are proposed to align with those for the Stage 1A earthworks (so the same management approach will apply to both Stages) and are set out in the proposed conditions of consent as discussed in Section 9 below and Appendix 11. 4.3.2 Site clearance The proposal includes the clearance of all vegetation across the area of works. A BMP will be exercised to ensure that no high-risk trees are felled prior to inspecting for both birds and bats. If necessary, site establishment works can commence elsewhere on site, with identified trees protected and fenced off. These trees shall only be felled when it is known that they are clear of bats. 4.3.3 Installation and certification of erosion and sediment control devices. Prior to works commencing, the site engineer shall work with the monitoring officer to confirm the acceptance of the ESCP and implementation on site. As necessary, as-builts will be completed and provided to the monitoring officer. Section 4.7 below provides more detail on the proposed ESC measures. 4.3.4 Geotechnical remediation works As per the geotechnical investigations completed across the site (reporting included in Appendix 6), ground improvements across the site are required to address the liquefaction risk associated with a surficial layer of loose sand together with a settlement risk for the site associated with deep, soft alluvial soils. The ground improvement options currently being investigated for the site are impact rolling and/or the undercut and replace method to address the liquefaction risk, together with preloading to address the settlement risk. For the Stage 1A works underway on site, APL and the Contractor have selected the impact rolling and undercut and replace method. Those works are currently underway and will provide for suitable building platforms for the proposed factory buildings and associated infrastructure. For the proposed Stage 1B works, confirmation of the method will be a part of the contractor and methodology confirmation prior to works commencing. A summary of the proposed remediation is outlined below. Impact Rolling Due to the potential for liquefaction and risk to the constructed infrastructure, site preparations are proposed for the rail siding areas and potentially the stormwater management devices. For the rail siding and yard areas, the geotechnical report outlines the following methods to provide a minimum 1.5 m thick, non-liquefiable crust beneath the future pavement areas, including the rail siding. It is envisaged that this would be comprised of: • Pavement build-up beneath the yard and rail siding (estimated to be at least 300 mm thick, to be confirmed by design);

TV3 • New engineered fill which will be required to lift the site levels beneath the rail siding and surrounding yard areas. Between 0.5 m and 1.0 m of fill is required to achieve design levels; and • The underlying sands to be compacted sufficiently to mitigate liquefaction susceptibility, preferably via impact rolling. As there is the potential for vibration effects as a result of the impact rolling, vibration monitoring was undertaken during the impact rolling trials. The monitoring results indicate that, at an offset distance of 100 m or more, ground vibrations are consistently less than 2 mm/s Peak Particle Velocity (PPV). This is the permissible vibration magnitudes at residential properties as indicated by Marshall Day in the Acoustic and Vibration Assessment (Appendix 12). As there are no residential properties within 100 m of the rail siding site area, the impact rolling is unlikely to exceed permissible vibration magnitudes. As has been implemented for the Stage 1A works underway, a Construction Noise and Vibration Management Plan (CNVMP) is proposed to manage the proposed earthworks. The Stage 1A CNVMP is included in this application as Appendix 12. This plan will be updated to include Stage 1B to provide an adaptive response to works while monitoring noise and vibration. Undercut and replace This method includes an undercut of the insitu materials with replacement with compacted hardfill. Depths are to be confirmed by the geotechnical engineer on site, however these are anticipated to be in the region of 3m depth or less with the application of geogrid and combination of impact rolling. The undercut and replace method involves the excavation of ground of approximately 3m in depth and hence there is the potential for groundwater to be encountered. Where there are excavated areas that do not drain to controls or undercut areas that require temporary dewatering, this shall be achieved by pumping accumulated sediment laden surface water from the lowest point in the excavation to the dirty water drains leading to decants or sediment retention ponds. The outlet of the device shall have decants raised when pumping from the excavation to allow the device to reach clarity prior to discharge or to be chemically treated if required. The clarity of the device shall be checked and if required batch dosed if clarity does not meet the required 100mm prior to lowering decants and associated discharge. Continuous dewatering of excavated areas is not proposed for these works. Pre-loading Following the completion of cut and fill to subgrade levels, additional fill will be placed to account for expected settlement during the settlement period. Following the completion of this fill, a non-woven geotextile will be placed before preload material is installed. Preloading or pre-compression involves placing additional vertical stress on a compressible soil (typically by providing an additional thickness of fill material) to remove pore water over time. The pore water dissipation reduces the total volume causing settlement. The preload depth is anticipated to be approximately 2m to achieve a 6-month settlement time and will be placed as non-engineered fill, then stabilised with straw mulch. Settlement monitoring will occur to confirm when the preload can be stripped off and relocated to the next preloading area. Should it be required, some areas may have sand blankets and wick drains installed in order to accelerate the settlement process. Drainage from the sand blanket shall be directed to the nearest sediment control device.

TV3 It is anticipated that the preload will be staged in 4 ha areas and moved around the site as a rolling pre-load. This will enable fill re-use and minimise importation of fill material. Preload settlement periods have been estimated at 6 months for the proposed soil conditions and preload design parameters, however these shall be confirmed by the geotechnical engineer at the time of works. Cut to fill Upon completion of the geotechnical remediation works as detailed above, the overall cut to fill operations can proceed. Each completed area is to be progressively stabilised as the required levels are achieved. The importation of fill is required for these works. It is anticipated that up to 280,000 m3 (solid) may be required for filling and preloading as part of Stage 1A and 210,000m3 (solid) required for Stage 1B. Any imported fill is to be tested by contamination and geotechnical specialists prior to acceptance to ensure it meets filling requirements for the site. Bench testing of imported filling materials may also be undertaken to confirm if chemical dosing would be advantageous for erosion and sediment control.

4.4 Dust Management A DMP has been prepared which will apply to both Stages 1A and 1B of the proposal and is included in the earthworks methodology statement (Appendix 10). The DMP will be required to be implemented on site and is set out in the proposed conditions3 in both the District and Regional Consents (refer to Section 9 and Appendix 11). 1. minimise dust production in the first instance; 2. identify the dust nuisance in the event of its production; and 3. to propose measures to mitigate the effects of dust if the situation eventuates.

The DMP acknowledges that the proposed activities on site have the potential to generate dust and has therefore proposed a number of measures to avoid dust generation in the first instance, and mitigation measures if dust is generated, particularly in times of dry and windy conditions. These measures include:

• A copy of the DMP is to be held on site and all contractors and subcontractors are to be made aware of its existence and their responsibilities in its implementation. • The Contractor is to monitor dust emissions on a daily basis and implement appropriate measures if necessary. • The Contractor shall provide sufficient water carts or sprinklers that are capable to ensure that the exposed areas of the site are appropriately moistened to avoid dust generation throughout the day. • The number of water carts on site are to be determined by the contractor with liaison with the supervising engineer. • Water is to be supplied to site by the means of an onsite bore, drawing from impoundment areas such as the storage pond implemented for Stage 1A, or water supplied to site via tanker. • The site is to be watered at the end of each working day when it is considered there is a significant risk of dust generation (unless there is sufficient rain or showers falling or forecast) • The site is to be watered if strong winds are forecast and these coincide with dry ground conditions. • When strong winds are present during site works, earthmoving machinery and lime operations shall cease work or operations will be modified to reduce dust generation.

3 Conditions 7h & 19 – District Land Use Condition 45 – Regional Land Use (Earthworks) 25

TV3 • To avoid suspension of dust, vehicle movements on site are to be restricted to no more than 15km/h if strong winds and dry conditions exist. • 2m high dust fence will be erected where earthworks areas on site are within 100m of neighbour’s buildings. • Stockpiles to be stabilised if not in use. • Removal of sediment or dust generating materials from the access road, haul road and public roads with a suction sweeper. • Use of a wheel wash facility that also has capabilities to wash dust from vehicles (if required). 4.5 Works duration and site stabilisation It is envisaged that the required earthworks for both Stages 1A and 1B can be undertaken across three or four earthworks seasons accounting for the pre-load settlement requirements, however if works are required across seasons to account for undesirable ground conditions, then either winter works authorisation will be sought and/ or the site will be stabilised in an interim manner awaiting further works. As earthworked areas are completed, open areas will be stabilised with topsoil and grassed, or other methods such as hay mulch. With the approval of the relevant WDC and WRC compliance officers, any erosion and sediment control measures will be disestablished once areas have been sufficiently stabilised. There will be a transition across the works area where bulk earthworks are being completed, and civil works are commencing for the foam factory and/ or rail siding construction. The earthworks methodology statement (Appendix 10) outlines the process for a transition from bulk earthworks to works associated with civil works. 4.6 Traffic movements – construction The site has good access to State Highway 1 from the Ohinewai interchange and also via local roads such as Tahuna Road. The factory will have its primary access located off Lumsden Road, however the importation of fill and other construction traffic will utilise the existing haul road off Tahuna Road. For Stage 1A, the proposal includes the importation of fill of approximately 280,000m3 in quantity. As outlined in Table 4.1 below, this is expected to require approximately 194 truck trips per day on average over two earthworks seasons. For Stage 1B, the proposal includes the importation of fill of approximately 210,000m3 in quantity over approximately two earthworks seasons (146 truck trips per day on average). The Stage 1A earthworks activity as consented provides for a maximum daily total movements on the haul road of 300 movements per day, while the average shall not exceed 200 movements per day over a rolling 14 day period (i.e. two working weeks). This figure is based on a six-day working week to allow for programming and weather delays. Depending on the final construction scheduling, wet weather and other matters, there may be days where the total heavy vehicle movements on the haul road peak at 300 movements per day while the following week due to weather there may only be 100 movements generated per day. The earthworks proposed as part of the Stage 1B works will also comply with the limits above, and a proposed condition of consent4 is outlined in Section 9 and Appendix 11. As outlined in the earthworks methodology report, the importation volumes are an estimate and can be influenced by conditions encountered on site. It is possible that the earthworks operations (Stage 1A and 1B) will merge and that the importation of fill could occur over two or three years. It is noted that if the

4 Condition 25 – District Land Use 26

TV3 importation of fill material increases, then the required traffic movements can be managed in accordance with the proposed maximum and average numbers of movements as described above. The cartage route of the fill material for the Stage 1B earthworks is currently unknown and hence the relevant CTMP will be formulated with input from the successful contractor. A draft CTMP has been provided in this application (Appendix 5) and will form part of the wider CMP management plan to be certified prior to construction. It is also required by proposed consent condition 7n5. 4.7 Erosion and Sediment Control Measures An ESCP and methodology for the Stage 1B works is included within Appendix 10 which confirms methods which can be implemented at the site during the development earthworks to ensure that potential erosion and sediment can be effectively managed. 4.7.1 ESCP Philosophy All erosion and sediment controls will be constructed in general accordance with the WRC’s TR2009/02 Guideline except where an alternative control system has been designed and approved to the satisfaction of the WRC through this or any subsequent ESCPs. A four-step erosion and sediment control methodology is proposed to ensure that any potential effects resulting from land disturbance are appropriately avoided, remedied and/ or mitigated. Both structural (physical measures) and non-structural (methodologies and strategies) control measures are proposed, comprising of:

• Team Approach • Erosion and Sediment Control Devices and Measures • Last Line of Defence • Monitoring 4.7.2 Team Approach The Team Approach ensures that adequate resources, commitment and expertise are provided to support the Erosion and Sediment Control Methodology from start to finish. Importantly this team undertakes pre and post storm surveys and at all times a significant resource and “expertise base” is utilised to ensure appropriate and technically sound decisions are made. Stakeholders involved in the project may include: • Principal (Ambury Properties Limited) • Engineer to Contract • Geotechnical Engineers • Environmental Consultants • On Site Environmental Advisor • Earthworks Contractor • Civil Works Contractor • Infrastructure Contractor • Statutory Authorities (WRC and WDC as required)

5 Condition 7n – District Land Use 27

TV3 • Other Specialists 4.7.3 Erosion and Sediment Control Devices and Measures Onsite erosion and sediment control devices and measures make up the ‘structural’ aspects of the erosion and sediment control methodology. These devices and measures are designed to minimise the extent of erosion (sediment generation) and discharge of sediment (sediment yields) to the receiving environment. The erosion and sediment control measures reflect and support the expected construction methodology. All erosion and sediment control measures will be installed and as-builts provided before earthworks commence. Any modifications to the certified ESCP will need to be approved by the WRC representative prior to implementation. Site works are underway on site for the Stage 1A works, and the necessary pre-works approvals have been obtained. It is expected that similar methodologies will be in place for the proposed Stage 1B works as discussed further below. Key erosion and sediment control devices and measures are as follows (and included in the ESC Plans in Appendix 10). Stabilised Entrance Ways The main construction accessway and site laydown area will be located on the existing entrance off Lumsden Road. This driveway is of good construction and may be widened to suit heavy vehicles. A second entrance is located off Balemi Road. Additional construction access points from the public road network to the site shall be fitted with stabilised entranceways to prevent the generation of sediment from these high use areas. Stabilised entrance ways shall be formed through stripping of topsoil (can be used for bunding) along the margins of the entranceway followed by placement of geotextile fabric and a layer of washed 50-75mm diameter aggregate or similar material. All trafficked areas within the yard will be stabilised to ensure that construction traffic and machinery will not provide for excessive ground disturbance. Cleanwater Diversion Drains Cleanwater diversion drains (CWDs) will be installed along the boundaries of the earthworks to prevent any cleanwater flows from entering exposed earthworks areas and exacerbating erosion effects and overloading sediment control devices. The northern drain and southern drains will be diverted around the perimeter of the works. Dirty Water Diversion Drains Sediment laden (dirty water) diversion drains (DWDs) will be installed at key areas of the stockpile areas (northern extents of works) where required to direct potentially sediment laden runoff to the decanting earth bunds for treatment prior to discharge. DWDs will also be utilised to convey sediment laden water to the main sediment retention pond located in the south east of the site. DWDs will typically be formed from topsoil stripped from the earthworks area and will be lineally compacted to form the bund alignment with a shaped channel formed adjacent to the bund to convey runoff. Specific design parameters to be incorporated into DWD design/installation include:

• DWDs to be designed to convey flows from the 20% AEP period storm plus 300mm freeboard. These specifications will be determined through the construction phase ESCP to ensure that adequate flow capacity is provided; and 28

TV3 • DWD’s will be appropriately stabilised/armoured as required to minimise channel erosion and scouring effects. Decanting Earth Bunds Decanting earth bunds (DEBs) will be utilised to manage the northern stockpile area, with any sediment laden water from exposed areas being directed to the DEBs via DWDs. Specific design parameters to be incorporated into DEB design/installation include:

• An excavated pond with 1:3 to 1:5 width to length ratio • Storage based on 2% (20m3 storage per 1000m2 contributing catchment) for catchments with grades less than 18 degrees and 200m slope lengths or 3% for all other catchments (30m3 storage per 1000m2 catchment). Storage is calculated from the base of the pond to the top of the primary spillway (upstand on T-Bar decant). A further 150mm from the primary spillway to the secondary spillway and 300mm from the secondary spillway to the top of pond level is required. • Side slopes no steeper than 1 in 2. • Compacted bunds compacted with either turfed, clothed or topsoil & mulched outside faces. • A T-Bar decant installed so that there is 30% of the total storage volume below the invert of the T-Bar and a unpunched novacoil outlet to the Stormwater system or watercourse. • A Secondary Spillway lined with dual geotextile layers (non-woven on base and woven on top) • Non-woven geotextile inlet channel and batter into pond. • Inlet to pond at opposite end to the T-Bar decant no lower than 300mm below top of pond level • Safety fence around pond area and appropriate signage.

Silt Fences & Super Silt Fences Silt Fences (SF) will be largely used as temporary controls to set up other controls such as DEBs, during demolition and clearing and removal of controls such as DEBs. A SF will also be installed along the low point of the catchment once the earthworks has been completed and GAP65 placed on the completed platform to be used as a back-up control during civil works and building works. The SF proposed for this development will consist of:

• Single layer of black woven geotextile • Geotextile imbedded min 200mm into ground and 200mm return • Returns at regular centres and either side of localised low points • Bunds to reduce catchment

Super Silt Fences (SSF) provide robust filtration of stormflows prior to discharging to the receiving environment. The SSF is suited to larger flows than the standard Silt Fence however should only be used in areas where DEB are impractical to install. SSF will also be utilised as a ‘Last Line of Defence’ adjacent to open watercourses. The SSF proposed for this development will consist of:

• Dual layers of black woven geotextile • 5 wire (min) or chain link fence which can be tightened at ends and corners • Geotextile imbedded min 300mm into ground and 200mm return 29

TV3 • Returns at regular centres and either side of localised low points • Bunds to reduce catchment

Sediment Retention Pond(s) For the Stage 1B works, the primary device for sediment control for the site is a series of Sediment Retention Ponds (SRPs), with a total catchment size of 6.25ha. The SRP locations are noted on the ESCP contained within Appendix 10. Key design features of the SRP include: • An excavated pond with a 1:3 to 1:5 width to length ratio; • Storage based on 2% (20m3 storage per 1000m2 contributing catchment) for catchments with grades less than 18 degrees and 200m slope lengths; • Storage is calculated from the base of the pond to the top of the primary spillway (upstand on T-Bar decant). A further 150mm from the primary spillway to the secondary spillway and 300mm from the secondary spillway to the top of pond level is required; • Side slopes no steeper than 1 in 2; • Compacted clay bunds compacted with either turfed, clothed or topsoil & mulched outside faces; • A T-Bar decant installed so that there is 30% of the total storage volume below the invert of the T-Bar and a unpunched novacoil outlet to the Stormwater system or watercourse; • A Secondary Spillway lined with dual geotextile layers (non-woven on base and woven on top) • Non-woven geotextile inlet channel and batter into pond; • Inlet to pond at opposite end to the T-Bar decant no lower than 300mm below top of pond level; and • Safety fence around pond area and appropriate signage.

Other Controls In certain circumstances it may be considered appropriate to utilise other erosion and sediment control devices/methods than those specifically outlined within the TR2009/02 guideline. At those times, alternative control methods may be available which provide a more practical and efficient means of managing potential sediment effects without the need for ground disturbances associated with sediment control device installations. In all instances, specific approval of the WDC (and WRC) will be obtained prior to the installation of these alternative devices/methods. Erosion and Sediment Control Installation Typically, installation of erosion and sediment control measures will be programmed for a forecast fine weather period with excavated material from sediment control construction activities used either to form the control embankments/bunds, or placed upslope to prevent any uncontrolled discharges. Upon completion, any downslope disturbed surfaces will be stabilised with a cover of hay mulch or secured geotextile fabric. Excavated material from device construction activities will either be used to form the pond embankment or placed upslope of the pond to prevent any uncontrolled discharges. On completion of the installation works,

TV3 the downstream pond embankment face/bunds will be stabilised with either hay mulch or pinned geotextile fabric. 4.7.4 Last Line of Defence The ‘last line of defence’ approach has been formulated as a backup to the proposed controls. While the aforementioned primary erosion and sediment control measures will minimise the discharge of the sediment to the receiving environment, an extra line of defence is proposed. For areas within 20m of a drain or drainage feature, a Super Silt Fence will be erected between the works and the drain. The Super Silt Fences will provide a backup protection in the unlikely event that the primary erosion and sediment control devices and measures fail. For areas that are further than 20m of a watercourse, a vegetated filter strip will remain in place whereby uncontrolled discharges can be remediated should they occur. 4.7.5 Monitoring The aim of monitoring is to ensure the proposed erosion and sediment control measures are installed correctly and function effectively throughout the duration of the works. The monitoring programme will provide certainty to all parties that appropriate measures are being undertaken to ensure compliance with conditions of consent and that potential problems or improvements are identified promptly. Monitoring shall consist of:

• Weekly site walkovers involving all stakeholders to inspect and determine the effectiveness of all erosion & sediment control devices installed on site. • Random sampling of inflows and outflows during storm events to test the effectiveness of controls. By implementing a rigorous monitoring programme, the following benefits will result:

• Improved response times for rectifying any failures in erosion and sediment control devices with a focused response; • Weather responsive monitoring/ storm preparedness; • Compliance with resource consent conditions; and • The minimisation of potential for adverse effects in the receiving environment. 4.7.6 Additional Measures The following actions are proposed as a form of contingency to ensure erosion and sediment control standards are achieved on site at all times:

• Site team meetings are to be held prior to all predicted significant rain events. The purpose of these meetings is to review the status of controls (confirm all chemical sheds stocked with chemical, all controls in place) and agree additional controls determined as being beneficial (Drop out pits, additional bunds). Each of the team organisations has a dedicated resource available for these meetings. • Allowance has been made within the contract for additional/emergency works, including items such as having mulching gear on standby in the event that areas require to be temporarily stabilised. • Allowance will be made for additional storage in devices so that if other devices fail or are not working correctly, catchments can be temporarily diverted to these controls until the necessary repairs/remedial works are made.

TV3 4.7.7 Artificial drain diversions To provide for the site works, various artificial drains located within the site will be diverted around the works area. Drain diversions associated with the Stage 1A earthworks are underway on site and are being completed in line with the required fish management plans. Drain diversions required for the Stage 1B works will be undertaken utilising the same methodologies. The drains will be realigned using the methodology outlined below and will be constructed utilising the clean water diversion detail (Appendix 10). The construction of a drain diversion will take place during a period of settled weather long enough to encompass all the works and to ensure flows in the drain will be very low and more likely dry. • The diversion will be constructed up to within 5m of the bank of the existing drain and stabilized ready for flows. This step and step 2 will be constructed for both the upstream and downstream connections of the drain diversion • The drain will then be dammed off above and below the works (and de-fished if required in accordance with the ecologist’s reporting) and dewatered if required. While the drain should be dry, any flows from the drain will be temporarily: o pumped from above the upstream dam to below the downstream dam for works which will be completed within 1 day; or o diverted through novacoils laid beside the works from above the upstream dam to below the downstream dam for works which will be completed within 1 week; or o diverted in a temporary drain from above the upstream dam to below the downstream dam for works which will be completed in more than 1 week. • The last 5m of the diversion will be constructed including breaking through the bank of the existing drain and then appropriately stabilized. • When the diversion is complete, diversion will stop and be removed, then the downstream dam at the end of the drain diversion will be removed first followed by the upstream dam at the start of the drain, allowing the drain once again to flow.

The removal of a drain diversion shall undertake a similar methodology to the installation of the drain diversion, however the drain will be diverted back to its original alignment. A period of settled weather will be required prior to the works being undertaken. Upon backfill of the drain diversion, the drain bed and bank adjacent to the diversion will be stabilized with geotextile and rock rip rap placed to ensure there is no scour in this location. Stabilisation of the drain bank can follow on after these works to further stabilize the area. Completed drains will be to clean water drain details. 4.7.8 Contamination Management As part of the Stage 1A earthworks currently underway, a discrete area of soil adjacent to the main site entry that returned elevated readings of lead is to be remediated. In accordance with condition 9(o) of the Stage 1A earthworks consent granted by WDC, a CSMP is required to be formulated and followed on site by the contractor. The CSMP is expected to set out specific mitigation measures for the discrete areas on the site

TV3 and the earthworks activities will only proceed once those measures are complied with or addressed by the main contractor. 4.7.9 Ongoing earthworks for civil construction activities While bulk earthworks are being undertaken across the site, there may be instances where the site is stabilised in one part, or being subject to geotechnical remediation works, while other parts of the site are at the civil construction stage. As outlined in the earthworks methodology report (Appendix 10), further earthworks activities for civil works construction (secondary earthworks) will occur to complete the landform for the civil construction stage of the project and include; drainage and utility installation, form hardstand and paving areas and complete stormwater management works. It is proposed that the land disturbance activities during this phase will utilise this earthworks resource consent so further consents are not required. The design philosophy for erosion & sediment control during civil works is to reuse existing bulk controls for as long as practicable before installing smaller controls to complete works within berm areas. The preferred strategy for secondary earthworks (civil works) is to complete and close down (stabilise) open areas as quickly as possible. Reducing open area also reduces the number of erosion & sediment controls that need to be in place and maintained thus reducing environmental risk on site. 4.8 The Foam Factory This resource consent application seeks authorisation for the construction and operation of the Ohinewai Foam Factory. For resource consent purposes, land use consent is sought for the bulk and location of the buildings, the industrial activity in the Rural zone and the management of hazardous substances. Discharge consents have been granted for stormwater management and the air discharge6. Architectural plans of the factory are included in this application as Appendix 13. The Hazardous Substances Qualitative Assessment (Appendix 14) contains a comprehensive and detailed description of the proposed factory processes. The factory will generally operate from 4am to 4pm, Monday to Friday, with occasional overtime in the weekday afternoons and Saturday mornings. Foam manufacturing will generally operate for three hours per day (between the hours of 7am and 3pm), Monday to Friday and occasionally on Saturdays. Staff movements are expected to occur as early as 4am and as late as 6pm. Truck deliveries are expected to occur between 7am and 7pm. Further detail of the proposed factory is covered in the sections of the report below. 4.8.1 Factory Layout The Foam Factory includes a complex of 5 buildings and associated services as shown in Drawing ARC 105 in the Architectural Plans (Appendix 13). Building 1 is the foam manufacturing plant, including the hazardous materials storage (tank farm), and Building 2 is the foam store. A foam block conveyor will also be constructed between the two buildings. Building 3 is Foam conversion, Building 4 is underlay/ rebond and Building 5 is the Bean plant.

6 Copies of the resource consents are included in Appendix 3. 33

TV3 Once complete, the factory will provide for 50 staff, 52 carparks and storage for 10 bicycles will be provided. Services such as water tanks, sprinkler pump house, stormwater management wetland and emergency sprinkler runoff pond will be constructed. Construction of the factory is scheduled to commence once earthworks for the building footprints are complete (Q4 2021). Targeted commencement date of factory operations is currently Q4 2022. 4.8.2 Bulk and location Key information regarding the buildings is noted in the Table 4.1 below. All buildings are outside of the 15m setback distance from Lumsden Road.

Table 4.1 Factory buildings bulk

Sleepyhead Foam Factory

GFA (m2) Maximum Height

Stage 1

Building 11m Building 1 – Foam plant & tank farm 2960 Filter stack 16m Building 2 – Foam store 5450 12.27m

Firefighting water storage tanks 3x tanks 13.5m diameter 5.93m

Rainwater re-use tank (water supply)

Stage 2

Building 3 – Foam conversion 12,170 11m

Building 4 – Rebond 2710 17.9m

Building 5 – Bean plant 420 8m

4.8.3 Signage As outlined on Drawings ARC 302 and 320 in the Architectural Plans (Appendix 13), an illuminated clock and sign is proposed on the western façade of Building 2. The overall sign is 17.8m long by 3.52, high. The sign and its location have been designed to be seen by the public, primarily those travelling on SH1 and the NIMT. 4.8.4 Landscaping As outlined in the Landscape and Visual Assessment (LVA) completed by Mansergh Graham Landscape Architects (MGLA) included in Appendix 15, landscaping is proposed for the factory site to mitigate the scale of the development. Landscaping includes:

• The retention of the large existing plane tree located on the western boundary. • A 15m wide band of plantings along the full extent of the western boundary adjacent to Lumsden Rd. • 8m wide band of plantings along the northern and southern boundaries. • To allow a view shaft to the proposed sign and illuminated digital clock on the elevation of Building 2, a 50 metre portion of the mitigation planting along the western boundary of the site shall be limited to species that grow no taller than 6 metres. This view shaft shall extend north for some 110m from the retained existing plane tree. 34

TV3 • The informal hedging shall reach a height of 3m within 5 years with a mature height of 6m. This planting is intended to provide screening from mid-distance and close proximity views. Particular care has been taken with the location of selection of specimen trees along the southern boundary interface with the nearby lifestyle blocks to ensure shadowing does not occur. 4.8.5 Hazardous materials management The factory will be operated as a Major Hazard Facility under the Health and Safety at Work (Major Hazard Facilities) Regulations 2016 (HSW-MHF) and will be managed appropriately under those requirements. The Health and Safety at Work (Hazardous Substances) Regulations 2017 (HSW-HS) also apply to the facility. Resource consent is required as the quantities of certain substances used on site will exceed the permitted standards in the WDP. Extensive investigations, design and reporting has been competed for the proposed factory and management of hazardous materials on site. Tonkin + Taylor have completed a Hazardous substances technical assessment and a copy of that report is included as Appendix 16. Jacobs have completed a qualitative assessment of the factory and that report is included in Appendix 14. A preliminary Emergency Plan (draft) required for the facility has also been prepared for the site and is included as Appendix 17. Given the technical nature of the facility and its operations, reference should be made to the technical reports as set out above. A summary of the procedures set out for the management of hazardous materials on site is set out below. • Storage tanks are located within Building 1 within a specifically designed ‘tank farm’. • The tank design and location are set out as per the requirements of the HSW-HS and covered in detail in Section 6.2 of the T+T report. • Raw materials will be delivered to the site utilising the main access of Lumsden Road. • Specific spill management procedures will be in place and include the capture of spilled material by bunds. Vapours are contained within the tank farm area and will be filtered by the carbon filter prior to any discharge to atmosphere (refer to Section 4.8.6 below). • The stormwater system includes shut off valves in order to prevent any spilled material entering the stormwater system. • The site will be fitted with an automated fire sprinkler system and a sprinkler runoff pond of 2300m3 capacity is included in the factory design in order to capture potentially contaminated runoff in the event of a fire event at the factory. • The manufacturing processes does not generate hazardous waste.

Table 4.2 below sets out the summary table (From Jacobs, Table 1, Appendix 14) of the hazardous materials to be stored on site and the activity status under the WDP.

TV3 Table 4.2. WDP activity status

4.8.6 Foam manufacturing processes The foam and underlay manufacturing processes requires the use of various substances and reactions to form the foam blocks used in bed manufacture, other products and for foam underlay. Discharges from these processes are managed by the factory’s ventilation systems and carbon filter prior to discharge. Foam manufacture Toluene Diisocyanate (TDI) and polyalcohol’s are the basic ingredients for the production of polyurethane foam. Blowing agents as well as water and other additives are also required. During production, the raw materials are pumped from their own storage tank (located within Building 1) to a common mixing chamber where they are mixed then extruded. The freshly poured foam gradually solidifies when travelling up the settling chamber by the action of a conveyor. The solidified hardened foam block is then cut into blocks by an electric cutter. The newly formed foam blocks are still very hot when transported to the storage area (Building 2) where curing can take a further 18 hours. At Ohinewai, up to 6000kg/ hour of TDI is expected to be used for foam manufacture. Underlay manufacture TDI is also used in the manufacturing process for underlay that is included in Building 4. The base raw material for this process includes foam off-cuts that are collected from various processes throughout the bed manufacturing operation with the majority being purchased offshore and delivered on site in bale form in 40-foot containers. The foam off-cuts are fed into a bale breaker and then chipped and sorted. The chipped and sorted foam is metered and fed into a ribbon blender. A polyurethane premix containing TDI, manufactured on site, is metered into the hopper and the mixture rotated to ensure the ingredients are thoroughly blended. This blend is metered into a cylindrical mold, compressed and steam cured. The formed 36

TV3 cylindrical foam block is then peeled, and a polyethylene film thermally laminated to the foam sheet. This laminated sheet is cut to length, rolled and packed as foam carpet underlay ready for dispatch. The manufacture of foam underlay uses approximately 16.5 kg/hr of TDI for 10 hours of operation per day. Due to the closed process of manufacturing foam underlay, very little TDI escapes to air. Camfill Farr Carbon Filter

Air discharges from the manufacturing process and the hazardous substances store (in case of spills) will be captured by the proposed carbon filtration system and then discharged to the atmosphere via a filter stack at 16m high (4.9m above the roofline of Building 1). The air discharge components relating to the foam factory have been assessed by the WRC and discharge consent granted in February 2021. A copy of that consent is included in Appendix 3. 4.9 Wastewater The foam factory will be serviced for wastewater by an existing on-site Biocycle wastewater treatment plant that is capable of treating effluent from 50 staff and visitors. There is no process wastewater produced by the manufacturing undertaken at the foam factory. The plant was installed in 2019 and further detail is outlined in the Woods’ Water Supply and Wastewater Report included in Appendix 10. The plant consists of: • Three main underground tanks. • Primary anaerobic settling and denitrification tank. • An aeration tank fed by blowers. • A clarification tank for final effluent polishing.

Following treatment, the effluent is pumped into a dripper field for land disposal. The existing dripper field is 2000m2 and is sufficient to service the demands from the Foam Factory. A maintenance contract has been entered into to ensure that the Biocycle Plant is well maintained and operated as per the specifications. A copy of that contract is included in Appendix 10. It is anticipated that servicing of future stages of the Factory will be via a network connection to an appropriate municipal treatment plant. Network pipe sizing will be based on WSL design flows to allow for future connection to the public network. 4.10 Water Supply Water supply requirements will be met by on-site rainwater re-use tanks and an existing water bore located on site as outlined in the Woods Water Supply and Wastewater report (Appendix 10). The primary source for water will be roof runoff from the factory buildings. The roof will have a non-reactive coating to eliminate unnecessary metals in the water. Downpipes will be arranged to collect approximately 32,000 m2 of roof area and direct it to an 800m3 capacity rainwater tank, via a vortex separator to remove gross solids. The collection system and tank will be fitted with an overflow, to direct flows to the stormwater disposal wetlands when the tank is full. Water demands for the proposed factory are as follows: • Stage 1 – 15 workers daily demand = 0.975m3/ day (29.25m3 30 day volume). • Stage 2 – 50 workers daily demand = 3.25m3/ day (97.5m3 30 day volume).

TV3 As a back up to the rainwater tank on site, the existing on-site bore can be utilised. The existing bore is located adjacent to the site entrance and supply can be pumped into the water treatment system if required. The bore head shall be protected to Ministry of Health standards and is located 500mm above the 100Yr flood level. The bore supply capacity of 2.2 l/s and a permitted activity take of 15 m3/day is suitable to supply Stages 1 & 2 until a public connection is available. The necessary water treatment will be undertaken via the proposed private treatment plant as outlined in the Woods report. 4.11 Stormwater Management Stormwater management for the Foam Factory has been consented by the Waikato Regional Council and a copy of the discharge permit is included as Appendix 3 in this report. The management proposed for the Stage 1 development includes stormwater runoff from the factory hardstand areas being treated in Wetland 1 and discharging to the Balemi Road Drain. Factory roof runoff will be utilised for rainwater reuse on site and will be stored in a 800m3 tank. Any overflow from the rain water tank will be incorporated into the site’s stormwater network. The proposed stormwater management for the rail siding and road realignments are outlined in the report included as Appendix 10. That report sets out that the key aspects of the stormwater management proposed for the Foam Factory remain, with additional wetlands and swales proposed to address the increase in impermeable area. Due to capacity constraints with the Balemi Road drain and to account for feedback received by the Regional Council, stormwater discharge will be via a dispersal structure, that provides for low velocity flows at the eastern extent of the site. That area forms part of the future wetland park area and 1ha of restoration plantings are proposed in that location. The stormwater wetlands and swales proposed for the development are subject to extensive landscape planting and a copy of the landscape concept drawings are included in the Landscape and Visual Assessment (Appendix 15).

4.12 Firefighting requirements The sprinkler system and hydrant ring main will be pumped from three onsite firefighting reservoirs (800m3 tanks) with a total volume of approximately 2,400 m3 to provide the required fire protection. The water in the reservoir does not have turnover requirements, however it needs to be replenished with potable water within 12 hours following a sprinkler discharge event to enable continuous fire protection. The refilling requirement gives rise to a refill flow of 190 m3/hr or 53 l/s. Given the highly infrequent nature of the refilling demand, it is proposed that during the interim on-site treatment phase of the development, that these tanks are replenished by: • Use of treated water from the on-site treatment system (up to 815m3 could be available). • Supply from Huntly or Te Kauwhata utilising water tankers (up to 160 trips at 15 m3 per tanker). Suitable reservoir inlet camlock fittings will be provided along with hardstand for the tankers adjacent to the firefighting reservoir and a connection and backflow protection from the potable water network will be provided. Engagement with Fire and Emergency New Zealand (FENZ) has been undertaken throughout the design process for the factory and a summary is outlined in Section 6.4 below. FENZ will continue to be engaged with through the detailed design and implementation phases of the project.

TV3 4.13 Site access, parking and manoeuvring Access to the Factory will be from the existing access located off Lumsden Road. The site plans as included in the architectural plan set (Appendix 13) sets out the proposed access and parking arrangements for the factory. Access and parking includes the following:

• Car parking for 52 vehicles for staff and visitors. • Bicycle shelter for 10 bicycles. • Loading and unloading spaces at Buildings 2, 3 and 4. • An upgraded vehicle crossing at the existing access at 88 Lumsden Road to minimum access width of 19m at the edge of road carriageway and minimum 7m at the site gate (set back 23m from the carriageway). • An internal 6.0 m wide one-way circulating road. As outlined in the Integrated Traffic Assessment (ITA) completed for the proposal (Appendix 5), the Foam Factory is estimated to generate approximately 190 vehicle trips in total once operational. Of that total, approximately 50 heavy vehicle movements per day (25 in, 25 out) are expected to the site prior to the rail siding being commissioned. Once the rail siding is operational, heavy vehicle movements associated with the Foam Factory are expected to reduce to no more than 10 heavy vehicle movements per day (approximately 80% reduction). 4.14 Rail siding As part of the factory development, the rail siding will be constructed along the northern extents of the site. The rail siding provides the opportunity to import and export both materials and products from Auckland and Tauranga Ports, via the NIMT. To enable the rail siding construction, the installation of a level crossing on Lumsden Road and associated road realignments are required to provide for acceptable road geometry for speed and safety. As outlined in the ITA, the proposed track alignment has been designed by rail design consultants Vitruvius with input from KiwiRail rail/ freight operations staff. There will be one branch track from the NIMT that will split into three tracks within the site, after the level crossing on Lumsden Road. Given the proximity of the NIMT to the cargo/ freight storage area, a maximum 20 km/h speed limit will be imposed on the rail siding. The rail siding itself, the associated realignment of Lumsden Road and road crossing is currently programmed as part of the overall development to be completed in early 2024. Once operational, two train movements per day are anticipated (one train in, one train out). This may increase as production increases or for logistics improvements. 4.15 Lumsden Road Re-alignment The proposed rail siding alignment crosses Lumsden Road at-grade. However, given the close proximity of the NIMT to Lumsden Road, the rail siding would cross the existing Lumsden Road at a low skew angle that is not acceptable to KiwiRail. Accordingly, with the implementation of the rail siding, it is proposed that the alignment of Lumsden Road be amended with a series of horizontal bends (‘S’ Bends) to ensure that the road crosses the rail at a safe

TV3 angle. A conceptual layout of the proposed realignment of Lumsden Road, which incorporates the proposed rail siding and level crossing, is shown in Figure 4.4 below with concept design drawings including in the ITA (Appendix 5). This design was based on the following standards and guideline documents:

• Regional Infrastructure Technical Specifications (RITS) document; • Austroads Guide to Road Design, and • Waka Kotahi’s State Highway Geometric Design Manual.

The horizontal alignment of the proposed S-bend on Lumsden Road has been designed on the basis of the safe and appropriate speed of 80 km/h, which will inherently be suitable for the recommended 60 km/h speed limit proposed for the urbanised section of Lumsden Road. The proposal includes the necessary realignment and upgrade to Lumsden Road.

Figure 4.2. Rail siding and associated road safety improvement works

TV3 4.16 Balemi Road realignment Balemi Road will also be upgraded to provide for the appropriate geometrics for the rail siding and to provide three access points to the rail siding apron. The proposal includes the reshaping and widening of Balemi Road for a length of approximately 630m. The road upgrade will include the provision of a roadside swale for stormwater conveyance. 4.17 Lumsden Road Level Crossing & LCSIA The rail siding requires a level crossing where it meets Lumsden Road and assessments were undertaken to progress the concept design. This is discussed further in the ITA (Appendix 5). As a result of the assessment, an active control level crossing with flashing lights and bells is recommended. Figure 4.2 above illustrates the control devices, road signage and road markings that are recommended for implementation for the level crossing. Barrier Arms may not be necessary due to the low traffic volumes. However, this will be determined at detailed design in consultation with WDC and KiwiRail. Confirmation was received from Mr Russell Herbert, KiwiRail Senior Project Manager for the rail siding project, that the concept design of a new level crossing at the proposed location is acceptable, subject to:

• A Level Crossing Safety Impact Assessment (LCSIA) giving a satisfactory assessment of safety protection needs, and • A detailed signal design based on the proposed road and rail alignment drawings.

On this basis, an independent LCSIA was conducted as part of this Fast-track consenting application to assess the safety effects of implementing a new level crossing on the surrounding transport environment. A LCSIA has been undertaken in accordance with KiwiRail policy, involving accredited LCSIA safety engineers (WSP consultants), KiwiRail safety engineers and locomotive drivers assessing the likely safety scoring of the proposed level crossing. The LCSIA report (included in the ITA) confirms the concept design for the level crossing achieves KiwiRail risk criteria for new crossings, with only minor design details to be incorporated at final design stage. These include:

• Crossing set out to meet KiwiRail infrastructure standards. • Crossbucks on the Flashing Light and Bells (FLB) assemblies • A yellow cross hatched clear zone between the limit lines at the crossing • Correctly oriented advance PW57 steam engine signs are to show the train facing towards the road on both sides of the road. The drawings show the signs duplicated but the train facing the same way on both signs. PW57 (left) should be on the LHS and PW57 (right) should be on the RHS. • A warning sign on Balemi Road of the level crossing on the side road ahead. • Fencing of the siding. • Vegetation management plan.

A proposed condition of consent7 (Section 9 below and Appendix 11) has been proposed that includes the requirement for the matters outlined above to be resolved prior to the construction of the rail siding and level crossing.

7 Condition 32 – District Land Use 41

TV3 5. Consents & Approvals Required

The proposed activity requires resource consents and discharge permits under the WDP and WRP as set out in the tables below.

Table 4.1: Reasons for consent – WDP

Rule Activity Status Details Rule 25.10.2 Discretionary The factory is an Industrial activity in the Rural zone.

Rule 25.15.2 Discretionary The site entrance at Lumsden Road does not comply with the sight distance requirements.

Rule 25.16.2 Discretionary Traffic movements associated with earthworks are likely to exceed 200 vehicle movements per day.

Rule 25.25.2 Discretionary Earthworks on site exceed 1000m2 in a single calendar year

Rule 25.27.1 Discretionary Earthworks filling greater than 200m3 in volume and 1m depth.

Rule 25.31.2 Discretionary The factory involves the storage and use of hazardous materials in quantities in excess of those outlined in Appendix H of the WDP.

Rule 25.39.3 Discretionary The proposed signage in the western elevation of the factory exceeds the size set out as Permitted or Restricted Discretionary in the WDP.

Rule 25.49 Discretionary The proposed factory has a maximum height of 17.9m. This exceeds the permitted height limit in the Rural Zone of 10m by 7.9m.

Rule 25.51.2 Discretionary The proposed factory covers approximately 6.1% of the total site area and is greater than 500m2.

Rule 25.52.2 Discretionary The proposed factory exceeds the gross floor area limit of 500m2.

Table 4.2: Reasons for consent –WRP

Rule Activity Status Details Rule 3.3.4.24 Discretionary The project includes excavations that may encounter groundwater and require pumping of greater than 15m3 per day.

Rule 3.5.11.4 Discretionary The project includes the discharge of stormwater runoff from impermeable surfaces that may not comply with the conditions of Rule 3.5.11.4 at all times.

Rule 5.1.4.13 Discretionary The project includes soil disturbance that may not be able to comply with the Permitted activity standards of Rule 5.1.4.11 and conditions of 5.1.5 at all times.

Rule 5.2.5.5 Controlled Stage 1B earthworks includes the importation of approximately 210,000m3 of fill to provide for the material needed for cut to fill and pre-loading existing ground.

There are no PWDP rules with legal effect that apply to the proposal. The objectives and policies of the PWDP have been assessed as outlined in Section 10.7 below and Appendix 23.

TV3 Overall (and accepting that the relevant resource consents required should be bundled), construction of the Foam Factory and rail siding, together with undertaking the earthworks required to establish the rail siding, require resource consent as a Discretionary activity in accordance with section 104B of the RMA. 5.1 Existing Resource Consents Held Aspects of the Project have been authorised under traditional resource consent processes assessed via the WDC and WRC as set out in Section 2.5 above. Earthworks consents are held for the bulk earthworks required to prepare the site for the factory development. The earthworks consents authorise 13.7ha. of works and the construction of a haul road to the site from Tahuna Road. This is referred to as Stage 1A throughout the earthworks reporting. Earthworks have commenced on site in reliance on the existing consents. A stormwater discharge consent is held for the stormwater management associated with the factory and associated hard stand areas. An air discharge permit is held for the discharges associated from the factory manufacturing processes. APL wish to retain the existing resource consents held for the preparatory earthworks and discharge consents for the Foam Factory. Resource consents sought via the application to the ECP would authorise the additional earthworks required for the rail siding, the rail siding itself (and the associated stormwater discharge), as well as construction of the Foam Factory building. The proposed conditions of consent outlined in Section 9 below are based on (and intended to completement) the conditions of APL’s existing resource consents, will avoiding repetition as far as possible. 5.2 Permitted Activities The proposal includes a number of Permitted activities under both the WDP and WRP. These activities and rule references are outlined in Table 5.1 below.

Table 5.1. Associated permitted activities Rule WRP/ WDP Details 3.6.4.8 WRP The diversion of the artificial drains located on site are Permitted as the upstream catchment does not exceed 2 square kilometres (200 hectares) and the works can be completed to meet the Permitted conditions as follows:

a) The catchment area above the diversion shall not exceed two square kilometres. Yes b) No discharge shall be made outside of the natural catchment of the drainage system. Yes c) The activity shall be undertaken and structures maintained in a manner that does not increase adverse effects of flooding on any land or property owned or occupied by any person. Yes. Diversions of the drains on site have been sized appropriately. d) The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan, in any district plan, in the NZ

TV3 Archaeological Association’s State Recording Scheme or by the Historic Place Trust except where Historic Places Trust approval has been obtained. No sites or waahi tapu are located on the site. e) In the event of any waahi tapu that is not subject to condition d) being identified by the Waikato Regional Council to the person undertaking the activity, the activity shall cease insofar as it may affect the waahi tapu. The activity shall not be recommenced without the approval of the Waikato Regional Council. N/A f) Any discharge from construction works associated with the structure shall comply with the suspended solid standards as set out in Section 4.2.21. Any culverts associated with the diversions will be constructed so that the discharge of sediment is avoided or minimised so that the suspended solids standards can be met. g) The structure shall provide for the safe passage of fish both upstream and downstream. Yes. h) Where the diversion occurs in a waterway classified as Indigenous Fisheries in the Water Management Class Maps the operator of the diversion shall notify the Waikato Regional Council of its location three weeks prior to the construction of the diversion. N/A i) Any erosion occurring as a result of the activity shall be remedied as soon as practicable. Yes 4.2.9.2 WRP Culverts required for the works are Permitted as the upstream catchments do not exceed 100 hectares and are able to meet the Permitted conditions as follows:

a) Any such culvert shall be designed so that a two percent annual exceedance probability (1 in 50 year) flood event shall not cause any increase in upstream water levels which causes flooding on neighbouring properties. Any culverts and associated works can be designed to avoid flooding on neighbouring properties. b) The structure shall provide for the safe passage of fish both upstream and downstream. Yes. Culvert installation will be undertaken to ensure fish passage. c) There shall be no obstruction of debris that causes flooding on neighbouring properties. Yes. Culverts will be maintained. d) The culvert invert shall be submerged when water is flowing. Yes. e) Culverts shall be designed to safely overtop without causing structural failure, or include a spillway to ensure safe passage of flood flows where the two percent annual exceedance probability flood flow will overtop the embankment over the culvert. Culverts will be designed appropriately. f) The structure shall not cause; i) water depth upstream to exceed three metres, and

TV3 ii) the water level immediately upstream to exceed the water level immediately downstream by more than three metres. Yes. g) The construction works shall comply with the suspended solids discharge standards as set out in Section 4.2.21. Yes h) This Rule does not apply within a Natural State water body as identified in the Water Management Class Maps of this Plan. N/A i) All equipment and surplus construction materials shall be removed from the river or lake bed and the floodplain on the completion of that activity. Yes. Included on the earthworks methodology. j) No contaminants (including, but not limited to, oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents, but excluding sediment) shall be discharged to water from the activity. Yes. Included on the earthworks methodology. k) The owner of the structure shall inform the Waikato Regional Council in writing, at least 10 working days prior to commencing construction, of the location of the structure and whether that structure is located within a flood control or drainage scheme managed by the Waikato Regional Council or a territorial authority. Yes. This can be included in the Project Management Plan. l) The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan, in any district plan, in the NZ Archaeological Association’s Site Recording Scheme, or by the Historic Places Trust except where Historic Places Trust approval has been obtained. No sites or waahi tapu are located on the site. m) In the event of any waahi tapu that is not subject to condition l) being identified by the Waikato Regional Council to the person undertaking the use, erection, reconstruction, placement, extension or alteration, the activity shall cease insofar as it may affect the waahi tapu. The activity shall not be recommenced without the approval of the Waikato Regional Council. N/A 25.13.1 WDP The road realignment of Lumsden Rd and the rail siding are defined as ‘network utilities’ in the WDP and are permitted activities in the Rural zone. The relevant condition is that relating to the road construction complying with the engineering standards. All road works associated with the proposal will comply with the relevant construction standard.

5.3 Other Relevant Resource Management Processes 5.3.1 Previous resource consents sought Resource consent applications for the Foam Factory and the rail siding (including the rail siding earthworks) were lodged with the WDC in August 2020. Those applications were progressed in parallel with the application to the Ministry for the Environment for the authorisation of those activities to be referred to an 45

TV3 ECP under the Act. The WDC progressed the applications by making a number of requests for further information, which APL responded to. The matters raised by WDC in processing those applications (so far as that occurred) have been accounted for in the preparation of this application to the ECP. The relevant WDC applications have formally been withdrawn in advance of this application to the ECP. Thus, there is now no overlap in terms of the activities for which APL has already been granted consent, and those activities for which it seeks consent by way of the present application. 5.3.2 Waikato District Plan Review and Rezoning Submission As outlined in Section 2.3 above, APL made a submission to the PWDP (submission no 764), seeking to change the existing rural zoning to a mix of industrial, business and residential zoning to enable a mixed use development to occur to support the Factory. In 2019 the WDC hearing Commissioners issued minutes and directions confirming that they would hear and decide on APL’s rezoning submission earlier than the balance of the rezoning submissions on the PDP. Decisions on the balance of the rezoning submissions are not expected until September/October 2021 when all of the PDP decisions will be released. A hearing to consider the APL submission, and further submissions in support and opposition, was held by the WDC Commissioners on 14 to 16 September 2020. After the hearing, the Commissioners requested further information on the detail of plan provisions from APL and further submitters, which was subsequently provided on 23 December 2020. As at the date of completing this AEE, decisions on the APL submission and further submissions have not yet been released. Clause 6 (1) (p) of the Order in Council requires ‘an assessment of the project in light of the concerns raised by submitters in the Ohinewai zoning hearings, and the measures proposed to resolve those concerns’. The rezoning submission sought that the land be rezoned and a structure plan inserted into the PWDP to accommodate: • 68ha of industrial land to incorporate the Sleepyhead development of some 100,000m2 GFA plus other general industrial development. • 52ha of residential zoning to accommodate up to 1,100 dwellings.

• 55ha of public open space including stormwater management areas, recreational facilities and ecological enhancement areas. • A business zone to accommodate a service station, public transport centre and a neighbourhood shopping centre of up to 2,500m2 GFA. Eighteen further submissions in support or opposition to the APL submission were received. Of these nine further submitters appeared at the hearing. Given the scale and nature of the rezoning as a mixed-use development, a number of the further submitters raised concerns about issues such as transportation impacts, uncertainty over connections to municipal wastewater and water supply services, consistency with the Waikato Regional Policy Statement and the Future Proof sub-regional growth strategy and the extent of economic and social benefits and costs. However, these concerns were focused on the development and its impacts as a whole. The Foam Factory

TV3 at 23,000m2 is a small component of the overall development and in addition, the submissions raising concerns focused more on the residential component than on the industrial component of the rezoning8. Therefore, many of these concerns are resolved by the small scale of the Foam Factory proposal, when compared to the overall rezoning. A summary of the matters relating to the foam factory are set out below. Traffic effects There were large amounts of evidence on traffic and transportation matters presented by Waka Kotahi/NZTA, WRC, WDC and APL. However, the issues raised could be satisfactorily resolved through conditions on subsequent resource consents to upgrade the transport infrastructure and did not affect the suitability of the land for rezoning. The plan provisions developed for the hearing included various ‘triggers’ requiring upgrades to the adjacent roads and intersections. The comparatively small scale of the Foam Factory means that the transportation concerns relating to the overall development raised at the rezoning hearing largely do not apply to the Foam Factory itself. The ITA included in this application in Appendix 5 has assessed the transport effects associated with this proposal and has specifically addressed the level crossing and the associated realignment of Lumsden Rd which was one of the infrastructure upgrades identified in the draft plan provisions. Wastewater Concerns were raised over wastewater disposal and water supply, particularly by WRC9 and Waikato-Tainui for the overall development enabled by the rezoning. However, Waikato-Tainui conceded that development could occur if specific wastewater and water supply solutions were provided by APL and WDC10. Since that time significant progress has been made including commencing design of a new WWTP for Huntly and inclusion of funding for a new Huntly WWTP in the WDC draft Long-Term Plan. With respect to the Foam Factory wastewater servicing and water supply, the issues do not arise as it is self- sufficient. As described in Sections 4.9 and 4.10 above, an existing on-site wastewater treatment plant is sufficient for the foam factory needs. Water supply is provided by rain water re-use and large tanks incorporated into the proposal. Landscape and Visual Effects A number of further submitters opposed the rezoning on the basis of visual, landscape and amenity effects of the rezoning as a whole11. Landscape, visual and amenity effects have been addressed specifically for the Foam Factory as part of this application (Sections 4.8.4, 8.10 and Appendix 15). The landscape reporting has assessed the visual effects of the Foam Factory as being more than minor when viewed in close proximity due to the current rural character. Landscaped setbacks and planting requirements have been included to mitigate the development. Furthermore, APL have worked with neighbouring property owners and have entered into Memoranda of Understanding with two adjacent landowners on Lumsden Road. Strategic Planning Documents Issues of consistency with the higher order planning documents, particularly the WRPS and Future Proof were significant in the context of the rezoning. However, such concerns were not directed at the Foam Factory itself, given its smaller scale and industrial nature. The assessment in this report against the provisions of the

8 For example, the Summary Statement of Evidence of Ian Mayhew for WRC dated 9 September 2020, para 2.3 c 9 Summary statement of evidence by Ian Mayhew for WRC dated 9 September 2020, page 3 10 Statement of evidence of Gavin Donald for Waikato-Tainui (undated) para 7.3 11 Marsh (FS 1402.1), Stow (FS 1405.1), B Holmes (FS 1403.1). D and R Holmes (FS 1406.1) 47

TV3 WDP (Section 10.6 and Appendix 23) confirms the Foam Factory is sufficiently consistent with those provisions that there is no need to revert to the higher level documents for the purposes of determining the present application. Overall, the scale of the Foam Factory in the context of the concerns raised over the wider development means that many of the issues raised in the context of the rezoning hearing are not applicable or have been mitigated through specific design, mitigation plans and proposed conditions. 5.3.3 Other Approvals Required The development does not require additional approvals or legal authorisations (other than contractual) in order for it to commence, including (but not limited to) approvals under the Heritage New Zealand Pouhere Taonga Act 2014 or concessions under the Conservation Act 1987. To connect to the NIMT, the proposal requires works to be undertaken with the New Zealand Railways Corporation designation. It is expected that an approval under section 176 of the RMA will be required from KiwiRail at the detailed design stage. The details of the statutory approvals required for the tie-in works will be confirmed with KiwiRail in advance of construction. Similarly, the road realignment of Lumsden Rd, although a permitted activity, will require a subsequent legal process to create legal road and stop the small portion of redundant Lumsden Rd created by the realignment. This could be by way of a subdivision or by vesting the road in WDC via the Local Government Act. The proposed process will be confirmed with WDC at the detailed design stage.

TV3 6. Consultation

Extensive consultation has been undertaken by the Applicant with various stakeholders, in particular for the proposed future development (the rezoning) and more recently for the proposed Foam Factory and earthworks activity. Meetings have been held over the preceding 18-24 months and will continue as development plans progress and planning processes continue. A summary of the parties consulted with is set out below. 6.1 Waikato Regional Council Various meetings have been held with WRC representatives to discuss proposed development on the site. Technical discussions have been held with WRC staff around the management of flood risks, the Waikare West Drainage scheme, modelling for stormwater management analysis and the implications on the project. Pre-application meetings were held regarding the Foam Factory stormwater discharge in mid-2020. More recently, APL representatives met with Council staff on 9 December 2020 to discuss the overall Foam Factory and rail siding stormwater management options. Council feedback taken from that meeting informed the proposed stormwater framework for the proposal. Minutes from that meeting are included in the Stormwater Management Framework report (Appendix 10). 6.2 Waikato District Council There have been a number of meetings with various WDC staff over the preceding 12-18 months, including the Mayor Allan Sanson, Julie Dolan (Economic & Community Development Manager), Clive Morgan (General Manager Community Growth), Jim Ebenhoh (Planning & Policy Manager), Ella Makin (Consents Planner), Mark Davey (Analytics Manager) and Will Gauntlet (Resource Management Team Leader). WDC technical staff have also met with the Applicant’s representatives over this timeframe to discuss previous resource consent applications and emergency planning matters regarding the proposed Foam Factory. 6.2.1 March 2020 – Emergency Planning A meeting was held at WDC’s offices in Ngaruawahia on 18 March 2020 to discuss the Emergency Planning that was being undertaken for the proposed Foam Factory. As the factory is classified as a Major Hazard Facility under the HSW-MHF, APL was preparing an Emergency Plan (EP) to meet the requirements of the HSW-HF Regulations. A meeting was therefore arranged to discuss the proposal with key WDC staff. Dave Cox (APL), Dave Hughes (APL) and Stuart Penfold (BBO) met with Angela Parquist and Merv Balloch from WDC. The proposal was introduced and liaison with Council was appreciated. Further engagement with Council was confirmed as being best placed through Anisha McPhee and Kelly Newell. A Draft Preliminary EP is provided as part of this consent application in Appendix 17 for information purposes and to show the commitment from APL in terms of site management. The EP will continue to be developed as design continues, with more detail being provided as Building Consent stage. 6.2.2 Fast-Track Consenting There has been previous correspondence with both WRC and WDC officers regarding APL requesting the Foam Factory proposal be referred under the Act. Most recently, both WRC and WDC were advised that this application to the ECP would be lodged in March/ April 2021. Neither Council has raised any concerns or objections to APL seeking referral under the Act.

TV3 6.3 KiwiRail APL has been in discussions with KiwiRail over the course of the development of the wider rezoning proposal regarding access to the NIMT from the site and wider network opportunities. A letter of support for the proposed rail siding is included in Appendix 18. Once the Project was confirmed as being Referred, further engagement with KiwiRail confirmed the need for safety assessments to be completed. Those assessments have been undertaken and are included in the ITA. Any statutory or other approvals required to access the NIMT will be obtained in advance of construction. 6.4 Fire and Emergency NZ The design team for the Factory has engaged with FENZ during the design development of the Project. Meetings have been held in July and October 2019 and March 2020 and key feedback has been accounted for by the designers and supporting specialist team. Engagement with FENZ will continue through the design phase, in particular for the detailed design required for the building consent process. 6.5 Waka Kotahi/ NZ Transport Agency The Applicant’s representatives have met with Waka Kotahi/ NZ Transport Agency (NZTA) staff to discuss the wider rezoning development programme. Ohinewai Interchange safety and visibility have been raised by NZTA as needing to be considered during the development phase of the project. As outlined in the ITA included in Appendix 5, safety and visibility improvements are recommended to be implemented as part of the proposal. The Applicant will continue to engage with the NZTA over the course of the development. 6.6 Department of Conservation APL has engaged with the Department of Conservation (DoC) over the last 12-18 months regarding the wider rezoning proposal, as the land subject to the rezoning abuts Lake Rotokawau Reserve administered by DoC. A meeting with DoC staff (Andrew Styche and Maggie Burns) was undertaken on 25 August 2020, where the fast-track process was discussed. Stormwater management was raised as a matter of interest to DoC given the project’s location adjacent to Lake Rotokawau. The Stormwater Management Report (Appendix 10) has outlined the proposed stormwater framework that includes a dispersal area located within the APL site. A one hectare restoration planting area is also proposed to abut the Lake Rotokawau Reserve. 6.7 Fish and Game APL and its specialists have engaged with Fish and Game for the rezoning process and proposed plan provisions relating to predator management. Fish and Game were particularly concerned with domestic animals from the proposed development enabled by the rezoning and plan provisions have been formulated to address those concerns. While domestic animals are not a concern with the factory development, a pest and predator control plan has been put forward by APL and this is discussed in the ecological report (Appendix 7). A condition of consent12 is set out in Section 9 below and Appendix 11.

12 Condition 7k – District Land Use 50

TV3 6.8 Consultation with adjacent landowners The Applicant’s representative has met with the landowners closest to the site several times over the preceding 12-18 months. Where concerns have been raised in terms of construction effects, in particular regarding noise and vibration, these concerns have been addressed via construction methods being amended and via proposed management plans. The proposed Haul Road from Tahuna Road to the site was formulated to directly address concerns of residents given the numbers of heavy vehicles that were initially planned to access the site via Lumsden Road. The Haul Road that has now been constructed as part of the existing resource consents, enables the transport of bulk fill for the site works to avoid the residential dwellings on Lumsden Road. Memoranda of Understanding have been forthcoming from the landowners at 79 Lumsden Road and 81-85 Lumsden Road with respect to the proposed development. A memorandum of understanding has been confirmed with the landowner located at 184a Lumsden Road with respect to proposed earthworks activities.

TV3 7. Iwi Authorities and Treaty Settlements

7.1 Engagement with Waikato Tainui Over the course of development of the wider rezoning proposal and including the proposed earthworks, rail siding and factory proposal, several hui have been held with the local Mana Whenua representatives and Waikato Tainui. A memorandum of understanding (MoU) was entered into between the parties and the MoU set outs the basis for engagement with Mana Whenua over the long term for development in the area. As a result of the MoU, a Tangata Whenua Governance Group (TWGG) was set up in August 2019 and hui are held approximately once a month. The TWGG hui have been very helpful and there have been numerous presentations on technical aspects of the overall rezoning and the factory proposal, including stormwater management, water supply and wastewater management. The hui have been very helpful for the APL project team and the project has taken into account feedback provided by the Mana Whenua. This includes:

• Providing for cultural monitors as kaitiaki on site during initial earthworks activities (topsoil scraping). This is also proposed for the current applications. • Monitoring the performance of the carbon filter (used as the primary mitigation for the factory’s air discharge effects) and stormwater management measures. • Providing detail on the existing wastewater treatment plant to be used for the factory, including maintenance plans. • Initiation of an independent peer review of the air discharge assessment by Canterbury University and adoption of their recommendations.

A key outcome of the ongoing engagement is a letter of support for the proposal from the TWGG. A copy is included in Appendix 18. That letter confirms that a cultural impact assessment is not required. As part of the wider rezoning process, a Kaitiaki Environmental Values Assessment (KEVA) was also completed by Whetu Consultancy Group on behalf of the TWGG in April 2020. The KEVA sets out the values and interests of the Mana Whenua as they relate to the site, the proposed development and impacts on the Waikato River and its catchment. It is also being used a benchmarking exercise for development proceeding on the site in line with the commitments provided by APL to the TWGG. A copy of the KEVA is included in Appendix 19. 7.2 Treaty settlements The site is not subject to a current treaty settlement process. However, the site is within the catchment of the Waikato River, and is accordingly subject to the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (the Waikato River Act). The overarching purpose of the settlement is to restore and protect the health and wellbeing of the Waikato River for future generations. The Waikato River Act also sets out the ‘Vision and Strategy’ for the Waikato River, ‘Te Ture Whaimana’. Te Ture Whaimana is intended to be the primary direction-setting document for the Waikato River and activities within its catchment that affect the Waikato River. As set out in 7.1 above, APL has engaged extensively with the Tangata Whenua regarding the proposal. This engagement has enabled APL to ensure that the proposal has been developed in a way that is consistent with and appropriately accords with Te Ture Whaimana. This has been acknowledged in the letter of support from the TWGG that is included in this application (Appendix 18).

TV3 8. Assessment of Environmental Effects – Schedule 6, clauses 9(4), 10 & 11

The proposal has been subject to extensive investigations and expert reporting to quantify the anticipated and known effects of the proposed activity. For completeness, a summary of the conclusions from that reporting regarding the proposal’s adverse effects is set out below, with the proposed mitigation of any effects also outlined. Where relevant, proposed conditions as provided in Section 9 below and Appendix 11 are referred to. Technical reports are appended to this application as referred to in the sections below. The assessment below addresses all relevant matters from clauses 10 and 11 of Schedule 6 of the Act. Where relevant, reference has also been made to existing resource consents. 8.1 Erosion and sediment control The proposed earthworks activities will result in the creation of areas of exposed ground and the associated potential for erosion and sediment runoff during rain events. If not managed effectively, sediment mobilised within the site runoff then has the potential to enter the downstream environment. Earthworks consents have been obtained for the Stage 1A works, while approvals are sought for the Stage 1B works. Stage 1B includes earthworks across a reasonably large area (17.4 hectares in total). However, there are site specific and activity specific factors that will avoid or minimise erosion and sediment generation on site. These factors include:

• the flat site topography; • the nature of the proposed earthworks (predominantly comprising cut/fill and preloading material across low gradient surfaces); and • the proposed erosion and sediment controls to be implemented on site that exceed best practice, including staging of the works area.

To avoid and mitigate the potential sediment discharge effects, erosion and sediment control measures and methodologies will be implemented on the site over the course of the earthworks activities. These are outlined in Section 4.7 of the report above and as per the draft ESCP contained in Appendix 10. The proposed controls have been designed based on the principles outlined in WRC’s Technical Report Erosion and Sediment Control Guidelines for Soil Disturbing Activities, January 2009 (TR2009/02) which sets out the general methods that WRC specifies should be adopted to address erosion and sedimentation effects. The draft ESCP outlines a number of key controls provided in the Guidelines, which are intended to further enhance the sediment control efficiencies of those measures and represents standard best practice controls to be implemented over the course of the works. Those controls include:

• Utilising stabilised vehicle entrances to avoid tracking of sediment off site; • Diverting the existing farm drains away from the works area to avoid increases of erosion of exposed surfaces; • Dirty water diversion bunds moving sediment runoff from the works area to a sediment retention pond (SRP); • Utilising flocculation as required to increase sediment deposition efficiencies within the SRP;

TV3 • Decanting earth bunds to account for runoff from the stockpile areas in the north of the site; • Placement of silt fences where necessary to act as a last line of defence beyond the DEBs and SRP; and • Rapid stabilisation of completed exposed surfaces.

Overall, it is considered the ESCP confirms that best practice erosion and sediment control methods can and will be implemented within the works site over the course of the works. As this ESCP is a preliminary document, it is subject to variation by the Contractor on review of their chosen construction methodology and as such a finalised ESCP will be required to be submitted to Council with the CMP documentation for approval prior to the commencement of bulk earthworks activities onsite. In that respect, a condition of consent13 is proposed (refer Appendix 11), ensuring site monitoring staff have the opportunity to review and discuss aspects of the site works with the Contractor prior to and during construction. Over the course of the earthworks the site contractor will be responsible for the regular monitoring and maintenance of all control measures to ensure optimum function. All controls will be retained until the relevant earthworks catchment is fully stabilised (as outlined above) to the satisfaction of the WRC site monitoring officer. Based upon the implementation of the proposed erosion and sediment control measures as described, it is considered that any potential sediment discharge and erosion effects on the surrounding environment will be appropriately avoided or mitigated. 8.2 Dust Effects Given the location of the works in proximity to residential dwellings, productive rural activities and the State Highway, including the scale of the works and anticipated intensity of the works during the summer earthworks period, the site has a moderate to high potential for mobilisation of exposed soil particles to air during dry, windy conditions giving rise to adverse off-site effects. Potential effects from the site dust discharges may include the settlement of dust upon nearby dwellings, vehicles and property, adjacent grazed paddocks as well as adverse effects on human health through breathing in dust particulates. In order to appropriately avoid or mitigate those potential adverse dust effects and as described in Section 4.4 above, a DMP has been prepared for the site works. Key principles of the DMP are summarised below. 1. Minimise the generation of dust in the first instance by:

a) Daily monitoring of weather forecasts to ensure that any periods of increased potential for dust mobilisation (dry, windy periods) are anticipated and appropriate controls are implemented; b) Ongoing monitoring of site surfaces throughout the day to ensure that any areas of elevated dust risk are effectively controlled; c) Avoiding undertaking works in times of high wind and dry conditions. d) Keeping vehicle speeds low during works operations (e.g. moxies, truck and trailers). e) Watering the site in times of dry and windy conditions. f) Providing a boundary dust management fence to provide protection to adjoining neighbours.

2. Quickly identify the dust nuisance in the event of its production and respond with mitigation such as:

a) Reducing/ceasing site operations; and

13 Condition 9 – Regional Land Use 54

TV3 b) Watering relevant parts of the site with irrigation trucks.

The DMP will form part of the wider CMP for the site works and will be certified by the Council prior to works commencing. Conditions14 in the draft set of conditions provided (Appendix 11) provide for the certification of the DMP. 8.3 Effects Arising from the Use of Machinery The use of construction machinery creates the potential for adverse environmental effects including potential biosecurity effects and hazardous materials/ hydrocarbon spill effects. Potential biosecurity effects include the potential introduction of invasive weed species and organisms not currently present such as Alligator Weed or Didymo through plant propagules or seed sources attached to machinery from previous work sites. These potential effects will be addressed through a requirement that all plant delivered to site is appropriately cleaned of residual soils and plant materials prior to being established for road construction activities. Potential hazardous materials and hydrocarbon effects include the potential for the inappropriate use or maintenance of construction machinery to result in the discharge of hydrocarbons including fuels and oils to either soil or water receiving environments where they have the potential to cause significant contamination, toxic or ecological effects. All construction plant employed on site will be required to be maintained in optimum working order to reduce the risk of any malfunctions or damage which could result in a hydrocarbon spill. Furthermore, re-fuelling or on-site maintenance of plant will be restricted from occurring within 50m of the steep slopes leading to the gully watercourse. 8.4 Archaeological effects There are no known archaeological sites recorded on the site and Warren Gumbley’s assessment has shown that there is little or no chance of finding material on site. However, to account for any potential discovery, the draft conditions15 (Appendix 11) include an accidental discovery protocol. Tangata whenua have requested that kaitiaki are present on site during initial stages of earthworks (topsoil scraping) and APL has committed to this monitoring being in place at the site. 8.5 Geotechnical Suitability The geotechnical reporting completed for the proposal (reporting included in Appendix 6) has outlined that the site is subject to geotechnical hazards (such as liquefaction and settlement) and that ground remediation is required. For the Foam Factory construction, the reporting has confirmed that provided that building platforms are improved by dynamic compaction (e.g., impact rolling) or other methods and pre-loaded, shallow foundations are considered suitable to support structural loads. For the rail siding and associated apron areas, impact rolling and pre-loading has also been recommended. Accordingly, any effects relating to geotechnical considerations as a result of the proposal can be appropriately mitigated by the proposed site works.

14 Condition 45 – Regional Land Use 15 Condition 46 – Regional Land Use 55

TV3 8.6 Stormwater Discharge Effects Stormwater discharge from the proposed Foam Factory is already consented. The effects assessment below relates to the additional impermeable areas as a result of the rail siding and associated road realignment. As discussed in Section 4.11 above, the proposal requires the diversion and discharge of stormwater runoff from impervious surfaces associated with apron construction and road realignment. Effects of stormwater runoff from these surfaces on the receiving environment must be managed in order to prevent or minimise adverse effects such as public health and safety and degradation of aquatic habitat. In this regard, there are three key areas for managing stormwater, namely: • Water quality control (contaminants in stormwater and from operations and emergencies); • Water quantity control (flooding, hydrological changes, overland flows); and • Long term operation and maintenance of the stormwater system.

These issues are discussed below in regard to the proposal. 8.6.1 Water Quality Effects Stormwater runoff from impervious areas is known to contain contaminants such as metals, hydrocarbons and sediment. A number of these contaminants, if allowed to enter the environment, will accumulate in the sediments of the receiving environment and may reach levels which are toxic to biota. Vehicle use of the roading surfaces can result in the deposition of heavy metals and hydrocarbons from tyre/brake wear, exhaust fumes and fuel/lubricant leaks onto the rail siding apron, roading and carparks. Spills and other contaminants can include gross pollutants (i.e. rubbish/debris), hazardous substances, sediments and nutrients from landscaped surfaces. As contaminants often become attached to sediment particles, removal of suspended sediment provides partial treatment of stormwater. As outlined in Section 4.11 above and in described in detail by the Woods Stormwater Report (Appendix 10), the rail siding and surrounding impermeable areas are managed so runoff will be conveyed through a treatment train approach utilising a network of ACO drains, proprietary treatment devices (e.g. Stormwater 360 Jellyfish) and stormwater wetlands prior to being conveyed via a planted swale and discharging within the site via a dispersal structure. Options were assessed as part of the stormwater management framework being developed and input provided by the Waikato Regional Council officers was accounted for. These devices have been designed in accordance with best practice and include the two-step treatment train process that acknowledges the sensitive receiving environment. As described in the Jacobs assessment (Appendix 14), the risk of hazardous materials from spills entering the stormwater management system are minimised due to specific factory design that includes a containment area for unloading of hazardous substances and enclosed area protected from rainfall. This containment area is managed with dual sump valve bypass system in order to prevent spills entering the stormwater system. Any runoff contained within the bunded system will be removed by a liquid waste company for appropriate disposal. Conditions16 of consent requiring the appropriate management plans be prepared are included in Appendix 11.

16 Condition 19 – Regional Stormwater Discharge 56

TV3 It is considered that the stormwater management framework as proposed provides for adequate treatment of stormwater runoff from the site and accounts for the sensitive receiving environment. Accordingly, water quality effects as a result of the proposal are appropriately avoided and/or mitigated. 8.6.2 Water Quantity Effects The creation of impervious surfaces within a catchment can result in an increase in stormwater peak flows, velocities, longer duration of high rates of runoff, and more runoff from smaller storms than would have occurred prior to land development. This can result in an increase in the frequency and intensity of flood events and the associated adverse effects on any properties located upstream and downstream. Furthermore, if not appropriately managed, these changes can result in downstream channel erosion and consequent sedimentation in receiving waters, local erosion and a reduction in the efficiency of downstream drainage systems which can consequently result in the degradation of these receiving environments. As outlined in the Woods stormwater report (Appendix 10), the consented discharge from the Factory required an interim stormwater discharge to the Balemi Road drain, in advance of the wider Ohinewai development being progressed. Now that the rail siding forms the next stages of the wider development, and accounting for feedback from WRC, the interim discharge strategy is now superseded and the preferred stormwater discharge will discharge to an area adjacent to Lake Rotokawau via a conveyance swale and dispersal area. Attenuation for the stormwater flows has been provided for, in particular within the stormwater wetlands. Secondary flows in the 100 year event will be accommodated with the open channel from the outlet of the stormwater wetland to the outlet at the conveyance swale. Appropriate erosion protection will be provided for in that location. It is considered that the stormwater management framework as proposed provides for adequate volume control of stormwater runoff from the site and has accounted for the constrained Balemi drain receiving environment. Accordingly, water quantity effects as a result of the proposal have been appropriately avoided and/or mitigated. 8.6.3 Stormwater Operation and Maintenance The long-term effective function of the proposed stormwater management devices is dependent on the ongoing maintenance of these systems to ensure that they are capable of achieving the design stormwater management functions. Following construction of the finalised drainage design an Operations and Maintenance Manual will be developed which outlines the specific monitoring and maintenance requirements for the completed stormwater management devices. This requirement is accordingly reflected in the draft consent conditions (Appendix 1117).

8.7 Surface Water Diversion Effects 8.7.1 Aquatic Habitat Effects The diversion of the artificial drains on site may result in the direct loss of existing aquatic values associated within the channels. In this case, the existing channels comprise little to no ecological values as they

17 Condition 20 – Regional Stormwater Discharge 57

TV3 essentially are grassed swales which receive interspersed flows of stormwater flow from the surrounding farmland. As set out in the ecological report (Appendix 7), an FMP is to be implemented on site in order to confirm the presence of fish or eels prior to works commencing and if necessary, require their relocation. With implementation of the FMP, it is considered that any potential adverse aquatic habitat effects associated with the diversion will be negligible. It is noted that an FMP is already being implemented on site for Foam Factory earthworks. The FMP for the Stage 1B earthworks will be consistent with that existing FMP. This requirement has been included in the proposed conditions of consent (Appendix 1118). 8.7.2 Flood Water Displacement Effects The proposed earthworks provide for ground landform changes in a relatively low-lying area. Large scale earthworks can, if of sufficient scale, affect overland flowpaths or restrict flood capacity in storm events. Flood reporting completed by Woods (refer Appendix 10) has confirmed that the proposed earthworks for the factory are located in an area at approximately 9mRL, while the conservatively modelled 100 year flood plain level is at approximately 8.0mRL. Significant modelling work was undertaken for the re-zoning proposal. Woods concluded that the development of the site results in no significant effect on the downstream lake environment. Based on the modelling undertaken by Woods to date and agreement reached via expert conferencing sessions during the re-zoning hearing, no attenuation is required (or proposed) for floodplain displacement. 8.8 Ecological effects Ecological effects as a result of the proposed works may present themselves as a result of vegetation clearance, filling and diversion of the artificial watercourses on site and as a result of ground disturbance. These effects are described below. 8.8.1 Bats Ecology New Zealand have assessed the site as having potential bat habitat within the site. While they have assessed the likelihood of bats being present on the site at any particular time as being very low, given the potential effect on bats if found, a BMP is to be implemented on site. The BMP will include specific bat monitoring to confirm whether or not bats are present within the larger vegetation on site prior to removal. Provided that bats are not located on site, then vegetation removal can commence. If bats are found within the site, then Ecology New Zealand recommend that mitigation is provided in the form of either replanted exotic trees or roost boxes installed within 1km of the subject site. Accordingly (and consistent with the approach considered to be acceptable for the Stage 1A earthworks), provided the BMP mitigation measures are in place (refer to proposed draft conditions in Appendix 1119), then the residual effects post-mitigation are considered by Ecology New Zealand to be nil.

18 Condition 29 – Regional Earthworks 19 Condition 30 – Regional Earthworks 58

TV3 8.8.2 Avifauna There is potential due to the removal of vegetation across the site for impacts on native birds. However, the BMP will also address monitoring for the presence of nesting native birds by an ecologist prior to tree felling and require relocation if necessary. Accordingly, with the implementation of the BMP, the proposal will not have any adverse effects on avifauna. 8.8.3 Fish Due to the uncertainty regarding the potential for mudfish to be located on-site, an FMP will be implemented by a suitably qualified practitioner prior to the diversion of the farm drains. This FMP will set out the protocols for monitoring and if necessary, capture and relocation. The draft conditions (Appendix 11) require the FMP to be prepared as part of the CMP. With the implementation of the FMP, the effects on fish as a result of the proposal will be nil. 8.8.4 Lizards The ecological report completed by Ecology New Zealand outlined that despite targeted searches for native lizards, none were found. Accordingly, it is considered that that the effects on lizards from the proposed works is nil. 8.8.5 Vegetation The ecological report completed for the project assessed that there will be little (if any) adverse effects from the loss of the vegetation to be removed as part of the proposal, given this comprises only scattered exotic trees which have a distinct lack of diversity. As described in Section 8.7.1 above, if any of this vegetation is found to be current bat habitat, the removal of this vegetation will be mitigated by replanting or installation of bat roosts. Accordingly, the removal of vegetation from the site is considered to be of nil effect. 8.9 Noise and Vibration Effects A noise and vibration assessment has been prepared by Marshall Day Acoustics to support the assessment of the application. This assessment is included in Appendix 12. Noise and vibration matters for the Stage 1A earthworks have been assessed under the existing consents. This assessment addresses the proposed Stage 1B earthworks, the construction and operation of the rail siding and operations of the foam factory. 8.9.1 Construction Noise The proposed earthworks will result in noise effects associated with the use of construction machinery required to undertake the bulk cut and fill earthworks activities and impact rolling activities. The noise effects during the construction phase will be temporary in nature, and contractors will be required to adopt best practice procedures to avoid unreasonable noise, such as ensuring regular maintenance of machinery. As the earthworks activities come within the relevant definition of “construction work”, they are to be managed as per the New Zealand Standard NZS6803:1999. The WDP also sets out that all construction work on any site shall be designed and conducted to ensure that noise from the site does not exceed the noise limits in the following table contained within Appendix N of the Plan (as set out within New Zealand Standard NZS 6803:1999).

TV3 Time Noise Level Period Weekdays Saturdays Sundays and Public Holidays Leq Lmax Leq Lmax Leq Lmax 06:30 – 07:30 60* 75 45 75 45 75 07:30 – 18:00 75* 90* 75* 90* 55 85 18:00 – 06:30 45 75 45 75 45 75 *Where a site is exposed to construction for a duration exceeding 20 weeks then 5DBA shall be subtracted from the noise limits marked. All construction activities will be undertaken within the hours of 7.30am – 6.00pm over 6 days a week where the higher construction noise levels are applicable. The acoustic assessment has shown that the proposed construction activities can comply with the relevant levels when accounting for a 100m setback distance. There are no sensitive receivers within the 100m setback and therefore the proposed Stage 1B earthworks will comply. Furthermore, the CMP to be certified by Council prior to the commencement of the works will include a CNVMP, which sets out any required methods for compliance of the relevant standards (Appendix 1120). The CNVMP will be based on the plan formulated for the Stage 1A works. On the basis of the above, it is considered that any actual or potential adverse noise effects associated with the earthworks have been appropriately avoided and/or remedied. 8.9.2 Construction Vibration The proposed earthworks required to provide for suitable building platforms require the use of machinery that can provide for vibration effects beyond the site boundary. As there is the potential for vibration effects as a result of the impact rolling, vibration monitoring was undertaken during the impact rolling trials. The monitoring results indicated that, at an offset distance of 100 m or more, ground vibrations are consistently less than 2 mm/s Peak Particle Velocity (PPV). This is the permissible vibration magnitudes at residential properties as indicated by Marshall Day in their assessment (Appendix 12). As there are no residential properties within 100 m of the rail siding site area, the impact rolling is unlikely to exceed permissible vibration magnitudes. As has been implemented for the Stage 1A works underway, a Construction Noise and Vibration Management Plan (CNVMP) is proposed to manage the proposed earthworks. The Stage 1A CNVMP is included in this application as Appendix 12. This plan will be updated to include Stage 1B to provide an adaptive response to works while monitoring noise and vibration. On the basis of the above, it is considered that any actual or potential adverse vibration effects associated with the earthworks have been appropriately avoided and/or remedied. 8.9.3 Operational Noise Marshall Day have also assessed the operational noise from the proposed foam factory and the rail siding. In summary, their report (Appendix 12) concludes as follows:

• The existing ambient noise environment in the vicinity of the site is elevated due to the close proximity of the NIMT rail corridor, the Waikato Expressway and existing truck movements on Lumsden Road. The measured ambient levels generally were significantly above the relevant Operative and Proposed District Plan noise limits.

20 Condition 15 – District Land Use 60

TV3 • The most significant external noise source anticipated at the site was the foam factory extraction fan,

which has a sound power level of 89 dB LAW. • Vehicle and train movements are a potential operational noise source, in particular a number of staff vehicle movements are probable in the early hours of the morning (night-time noise standards) and the site entrance is located adjacent to residential properties on Lumsden Road. • An assessment of the proposed activities on the nearby sensitive receivers (residential properties), showed that the proposed operations on site are predicted to comply with the relevant noise limit

of 50 dB LA10 for day time operations, and 40 dB LA10 for the night time operations (staff commuting). • The noise emissions from the development are predicted to be generally imperceptible above the ambient levels at the closest receivers. Train and truck movements would be noticeable for short periods as they leave the site, but this would be generally comparable to the existing train and truck movements nearby.

Overall, having regard to Marshall Day’s assessment, it is considered that potential operational noise effects from the development will be appropriately avoided or mitigated.

8.10 Landscape and Visual Effects An LVA was completed by MGLA. The LVA is included as Appendix 15 of this report. The LVA assessed the proposal’s potential character, amenity and visual/landscape effects on the surrounding area and proposes appropriate mitigation of those effects. In summary, the conclusions from the LVA are as follows: • The proposal has low to negligible effects on key landscape features and attributes of the area such as Lake Waikare, Waikato River, and the Taupiri Range. • The proposal has low to moderate effects on general rural land use and development character. At close proximity the proposal appears industrial rather than rural. • With respect to amenity values, the proposal leads to adverse amenity effects in close proximity (within approximately 1 to 1.5km of the site) as a result of the industrial character of the building being located within a rural context. In particular, the development is considered to affect the existing visual characteristics of the site, being a loss of views of the open pastoral landscape beyond the site. • For wider views (beyond the 1 – 1.5km), the assessment considers that the proposal will be integrated into the wider surrounding landscape while maintaining and enhancing amenity values. • With respect to Part 2 matters, the proposal is considered to be sufficient distance from Lake Waikare and the Waikato River so as to be not relevant. However rural amenity values are considered to be affected in close proximity to the site.

MGLA have also proposed an appropriate landscaping plan for the site and plantings are to be established on site within 12 months of the foam factory becoming operational. A proposed condition of consent is outlined in Appendix 1121. Notwithstanding that planting (and as noted), MGLA have assessed that the proposed Foam Factory will have more than minor adverse landscape effects when viewed in close proximity to the development site. This is

21 Condition 33 – District Land Use 61

TV3 primarily due to the industrial nature of the Foam Factory and the site’s current rural zoning under both the WDP and PWDP. As noted, APL have sought to rezone the site from rural to industrial under the PWDP and their submission in this regard was heard in September 2020. Following the conclusion of the hearing, APL understands that there is no opposition (including from WRC) to the industrial component of APL’s rezoning request. This has been confirmed in recent discussions between APL and WRC representatives. 8.11 Transportation effects 8.11.1 Construction Traffic Based on the results of a network capacity assessment, the proposed earthworks traffic is not expected to significantly impact the capacity of the intersections during the respective peak operating periods. Truck movements are to be managed from the haul road access on Tahuna Road in line with the conditions of the existing resource consent for Stage 1A and in accordance with the approved construction traffic management plan (included in Appendix 5). The volume and frequency of heavy commercial vehicles on the Ohinewai Interchange ramps and Tahuna Road has the potential to increase safety risks for road users. To account for the potential safety effects the following measures are proposed: • A CTMP, which outlines the traffic control activities, traffic impacts and mitigation measures will be finalised and approved prior to works commencing (updated from Stage 1A). • Temporary traffic management will be in place prior to and during the works. This will include appropriate warning signage. • Road widening is required on Tahuna Road to provide sufficient road space to allow through vehicles to safely pass slower moving left-turning vehicles at the haul road access. • Increasing the size of the Stop signs and advanced warning signs on the southbound off-ramp. • Removing overgrown vegetation at the top of the southbound off-ramp to improve sightlines (looking both east and west). • Installing temporary speed limits of 50 kph on Tahuna Road and Lumsden Road from the interchange to the site accesses. 8.11.2 Operational Traffic A transportation assessment has been undertaken for the proposal and in summary, the transport related effects of the Foam Factory operation will be negligible to minor from a traffic management and safety perspective. The Foam Factory has been specifically designed to avoid and/or mitigate any adverse effects from operational traffic on the surrounding road network, including through the following measures:

• Relatively low traffic generation from the proposal, including low numbers of heavy vehicles due to the rail siding being utilised for import/ export (approximately 80% of heavy vehicles currently associated with APL’s Foam Factory operations in Auckland will not be required once those move to Ohinewai, as a result of the rail siding). • There is an interim period where parts of the factory may be operational prior to the rail siding being completed. At most, the Foam Factory is estimated to provide for 50 vehicle trips per day on the network (an increase of approximately 6-10%). As outlined in the ITA, this provides for negligible effects on the capacity and efficiency of the local road network.

TV3 • With respect to safety related effects, the ITA considers that the additional traffic associated with the proposed Foam factory is not likely to increase the present safety risk at the intersection. Notwithstanding that assessment, it is recommended that electronic warning signs and rumble strips are installed on the southbound off ramp. Signage is also proposed to mitigate potential safety risks to cyclists at the Ohinewai Interchange. Those recommendations are captured in the conditions of consent22 as outlined in Section 9 below and Appendix 11. • An appropriate number of car parks and bicycle parking for staff and visitors. • Vehicle access to the factory is proposed from Lumsden Road from an existing farm access at 88 Lumsden Road. This will be upgraded to comply with the WDC standards for a commercial vehicle access. • All visitor and site traffic will enter and exit the site at this access point. The access connects to an internal one-way ring road within the site that has a 30 km/h speed limit imposed. • The realignment of Balemi and Lumsden Road will provide for a safe rail level crossing and road alignment. 8.12 Hazardous materials management The Foam Factory requires the storage and use of hazardous materials. Significant reporting has accordingly been undertaken on the management of hazardous materials on site, by both Jacobs (Appendix 14) and Tonkin and Taylor (Appendix 16). A draft Emergency Plan (Appendix 17) has also been prepared, demonstrating APL’s commitment to appropriately managing Foam Factory operations. In addition, APL of course already has significant experience in managing these hazardous substances at its Auckland sites. In summary, it is considered that the potential effects as a result of the use and storage of hazardous materials can be adequately managed on site via specific factory design and ongoing management provisions. These include the following:

• Manufacturing activities are contained within the factory buildings and appropriate safety protocols are then strictly applied within those buildings. For example, deliveries and storage of hazardous materials such as TDI are contained within specific areas of the factory, which incorporate appropriately sized spill containment measures and are subject to spill management procedures. All hazardous pooling substances (i.e. liquids) will be stored inside Building 2 in appropriate containment such as bunds installed for individual tanks and around drum storage areas. • To prevent the accidental discharge of contaminants to the stormwater management system, the site drainage has been designed with a switch valve at the hazardous substance delivery and unloading area. When hazardous substances are unloaded in this area, the valve will be positioned such that it drains via a sump to the bund internal to the hazardous substances storeroom. This will ensure any spills during unloading of hazardous and environmentally hazardous substances can be contained for clean-up without contaminating stormwater. • In the event of a fire at the factory, sprinkler runoff will be directed to a specific sprinkler runoff pond that will capture contaminated runoff in order for it to be properly disposed.

22 Condition 40 – District Land Use 63

TV3 • The factory does not produce hazardous waste as all of the hazardous substances associated with the proposed foam and bed manufacture are consumed in the production process.

Tonkin + Taylor have undertaken an assessment of effects relating to the use and storage of hazardous materials (refer to their report in Appendix 16). Their assessment of effects was based around four key aspects; effects on human health; effects on property; effects on the environment; and cumulative effects. A summary of the T+T assessment is set out below. 8.12.1 Effects on human health The closest residences to the proposed factory are located to the south and on the western side of Lumsden Road. While these dwellings are considered sensitive to effects from the site in the event of an accidental release of toxic substances, the layout and construction of the Foam Factory has been designed to maximise the separation distance between the areas using and storing hazardous substances and the neighbouring residences. Furthermore, as summarised above, the unloading and storage areas have been designed to minimise the likelihood and consequences of any spills or incidents. This has been achieved by storing MDI and TDI in above ground bulk tanks and drums in a sealed storage room which vents through a high performing carbon filter. The bulk tanks are filled by either delivery of an ISO tanker or by transfer from drums. In both cases the unloading systems have been designed such that in the event of a leak or accidental release during refilling, the spilt material and vapours will be contained within the bulk tank bund in the sealed hazardous substances storeroom. Di-isocyanate unloading activities will be supervised at all times by staff trained in the operating and emergency response procedures. 8.12.2 Effects on property The proposed Foam Factory is set in a rural setting albeit with some dwellings nearby that could be subject to property effects in emergency scenarios. The Jacobs report (Appendix 14) identified an extensive fire at the Foam Factory as a credible major accident event, however determined that with the preventative measures and high degree of redundancy in the design of the fire protection systems, the risk to adjacent property from fire was low. 8.12.3 Effects on the environment As described above, Foam Factory design has specifically incorporated spill containment measures to prevent hazardous materials being discharged to the environment. This includes the use of specific stormwater management methods that will redirect contaminated runoff away from the stormwater management wetland. Potential effects arising from the discharge of hazardous substances to air have been addressed via the air discharge permit that has already been granted by WRC for the site, and will be appropriately managed via the conditions imposed on that consent. 8.12.4 Cumulative effects It is considered that there is minimal potential for cumulative effects from hazardous substances as a result of the proposal, as there are no existing sites in the area have been identified that are likely to use significant quantities of TDI, MDI, carbon dioxide, or other acutely toxic or corrosive materials. While the future land use in the area is subject to a parallel rezoning process, it is unknown at this stage what the nature of the industrial activities established in the adjacent industrial area of the Sleepyhead Estate

TV3 could be. For the time being, the surrounding land use zoning is Rural, and it is expected that any future land use activities will be subject to the same stringent environmental management as the Foam Factory. In the event that the proposed rezoning is successful and adjacent land use zoning is Industrial, isocyanates like MDI and TDI are typically found in paints, glues and resins, and are most commonly associated with manufacture of foams (as in this application), auto-repair activities or manufacture of insulation materials, which may in future be established as part of the light industrial area. However, other activities are unlikely to use isocyanates in significant quantities. Use of carbon dioxide or other non-hazardous gases at other sites are unlikely to have any impact on activities at the site. Further, any future industrial sites will be managed in accordance with RMA requirements and the HSW-HS regulations and will have to implement their own emergency response procedures (including taking into account the potential for cumulative effects), on the basis that the Foam Factory forms part of the existing environment. 8.12.5 Transport of materials The site has excellent access to key transport routes (including the NIMT for access in the future stages of the Foam Factory) and the transport of hazardous materials to the site is to come via SH1, Tahuna Road and Lumsden Road. The transport of hazardous substances will be in accordance with the Land Transport Rule: Dangerous Goods 2005 and the risk of accidents occurring with the transport of materials to the site is not considered any greater than for any other industrial activity. 8.12.6 Overall assessment In summary and taking into account the assessments of T+T and Jacobs, it is considered that effects relating to hazardous materials will be appropriately avoided and/or mitigated. 8.13 Greenhouse Gas Emissions An assessment of the greenhouse gas (GHG) emissions as a result of the construction and operation of the project has been assessed by Atmospheric Science Global Limited. Their report is included as Appendix 20. A summary of that assessment is provided below. • The Ohinewai Foam Factory provides the opportunity to lower GHG emissions considerably, when compared to two existing APL plants currently located in Auckland (Otahuhu and Avondale).

• It is estimated that by shifting foam manufacturing to Ohinewai, approximately 43,298,637 kg CO2-e (carbon dioxide equivalent) can be saved compared to existing operations. • A significant contribution to that saving is by closing the foam manufacturing at the Avondale plant and no longer using Methylene Chloride that is a significant GHG contributor. This is the key measure that APL and the NZ Comfort Group can implement to reduce their GHG emissions and contribute to a transition to a low-emissions economy. • Savings are also obtained by shifting of freight from heavy vehicles on to the road network to rail as a result of the proposed rail siding.

The extensive plantings around the site also provide a carbon sink, in particular the 1ha of restoration plantings in the east of the site.

TV3 8.14 Effects on the Waikato River and its Catchment This section outlines an overall assessment of the effects of the proposed development on the Waikato River and its catchment, including the proposed mitigation measures. This assessment should also be viewed alongside the assessment of the proposal against the Vision and Strategy for the Waikato River in Section 10.4 The assessment draws on a number of technical assessments discussed elsewhere in this report, and in addition, a KEVA that was completed for the overall Sleepyhead development by Whetu Consultancy Group in April 2020 (Appendix 19). This assessment also acknowledges that the Tangata Whenua have specifically confirmed that a Cultural Impact Assessment is not required to be completed in respect of the proposal (refer Appendix 18). The proposed development is located approximately 750m to the east of the Waikato River, separated from it by rural farmland and lifestyle blocks, State Highway 1 and the NIMT. However, the site sits within the catchment of the River, and Lakes Rotokawau and Lake Waikare are located to the east of the development. Given the importance of the Waikato River and its catchment to Waikato Tainui and to assess the development against the Waikato River Act and Te Ture Whaimana o Te Awa o Waikato (the ‘Vision and Strategy’), APL have worked with the TWGG to ensure the potential effects of the development have been considered and, if necessary, mitigated, and improvements or benefits identified. The potential effects, improvements and mitigation are summarised below. 8.14.1 Aesthetic Effects The Landscape and Visual Assessment Report (Appendix 15), states that there is no effect of the proposal on the Waikato River as a landscape feature as there is sufficient distance and topographical separation from the River to the development. From Lake Rotokawau, while the proposed development will be seen, the effect has been assessed as being negligible due to the distance and intervening vegetation. A significant amount of restoration plantings are proposed adjacent to the margins of Lake Rotokawau and while not proposed as mitigation for landscape or visual effects, the restoration plantings will provide enhancement of the lake margins in that part of the site and improve the natural character of those margins. 8.14.2 Recreational Effects The proposed development does not affect the recreational opportunities provided by the Waikato River or the adjacent Lakes such as boating, hunting and duck shooting. For example, access is not restricted to Lake Rotokawau for any hunting or duck shooting activities that may occur in that area. 8.14.3 Historical Effects An archaeological and historic heritage assessment was completed for the development as discussed in Sections 3.11 and 8.4 above. A copy of the report is included in Appendix 8. That assessment confirms that the site was historically vegetated and/ or swamp and there are no known archaeological or historic heritage associated with the site. While noted in the KEVA23 (Appendix 19), sites of interest have not been specifically disclosed to APL, however no concerns have been raised by Tangata Whenua regarding the proposal. To address the potential for discovery of unknown sites of cultural or historical interest, accidental discovery protocols will be in place for the duration of the works. Kaitiaki are also proposed to be present on site when

23 Para. 4.3.7 66

TV3 topsoil is being removed in the preliminary stages of site works. Conditions of consent24 are proposed to confirm this requirement. 8.14.4 Effects on Spiritual Values This assessment of potential spiritual effects of the proposal relies on the KEVA (Appendix 19) provided by the Mana Whenua that references spiritual effects and the mauri of all living things. We note the KEVA sets out aspirations of Mana Whenua with respect to restoring the mauri of the land and water and an assessment of the proposed development against those aspirations is provided in Appendix 19. In summary, and as confirmed by the letter of support provided by the TWGG (Appendix 18), APL have made considerable progress in aligning the aspirations of Mana Whenua with the proposed development, many of which also provide benefits for the River. For example, the development includes the following: • Retiring approximately 31 hectares of dairy farm and an anticipated reduction in nutrient runoff. • Avoiding clearance of indigenous vegetation and including significant native mitigation and restoration planting across the site. Eco-sourcing of local species is anticipated and pest and predator control is proposed. • Water bodies will be protected from erosion and sediment and contaminants via best practice management methods. • The use of stormwater wetlands and restoration areas looks to restore the capacity of local ecosystems. • The air discharge consent (now granted) has accounted for world best-practice in terms of managing the discharge of contaminants from the factory. • Access to traditional areas for customary and cultural activities is not affected by the proposed development. • Employment opportunities for local people have been trialled at existing APL factories and are expected to be offered at the new factory once complete.

8.14.5 Cultural Mana Whenua (via the TWGG) have confirmed their support for the proposal and that a Cultural Impact Assessment is not required to be prepared for the proposed development. As the only party authorised to address the proposal’s potential cultural effects, the TWGG’s approval confirms that such effects have been appropriately addressed. 8.14.6 Water quality and quantity effects It is acknowledged that while the proposal is not directly adjacent to the Waikato River, it is in close proximity to it and of course within the catchment of the Waikato River. In that regard, any potential effects from the proposal on the quality or quantity of water within the Waikato River or its catchment have been addressed in sections 8.6.1 and 8.6.2 above. For the reasons outlined in those sections, it is considered that any potential effects on the quality and quantity of water within the Waikato River and its catchment have been appropriately avoided, remedied or mitigated. 8.14.7 Mitigation Measures To avoid, minimise or remedy effects on the Waikato River and its catchment as a result of the development, APL have proposed various mitigation and improvement measures. These measures are described further in Section 9.3 and summarised below:

24 Condition 46 – Regional Land Use – Refer Appendix 11. 67

TV3 • Erosion and sediment control and dust management measures (as required by the proposed consent conditions) will be in place on site for the duration of the site works. • The development includes stormwater management infrastructure designed to avoid and minimise the discharge of contaminants and stormwater flows/volumes to the receiving environment. • Operations on site will include specific hazardous materials and emergency management procedures to avoid contaminant discharges off site. • While vegetation removal across the site is minimal, extensive plantings are proposed across the development, including a 1ha area of restoration planting adjacent to Lake Rotokawau. 8.15 Positive effects 8.15.1 Economic benefits As outlined in the economic assessment (Appendix 21), the project is anticipated to provide for a capital investment of $118m with an economic impact of $152m along with a 5 year total approximate employment count of 2100 jobs as a result of project construction and operations. This investment and associated employment will take place in a locality that is socially-deprived. Huntly East and Huntly West are some of the most deprived areas in New Zealand (NZ Deprivation Index level of nine and ten (out of ten)). The deprivation rating for Ohinewai is also worse than the national average, with a level of seven. The economic assessment also outlines other benefits a result of the project including:

• Opportunity and Equity – The development has the potential to increase the competitive profile of the local and regional economy, with the result of population growth and greater economies of scale. • Operational Efficiencies and increased competitiveness – The development of the rail siding provides increased efficiencies and competitive opportunities for the Region and local economy. • Sector specific growth - The development facilitates a transition from a predominant primary agricultural sector to both secondary and tertiary business sectors through both a competitive location and the introduction of unique manufacturing activities to support employment and business growth. • Initial stages of the wider Ohinewai Structure Plan (OSP) development – The Foam Factory development has the potential to act as a catalyst for other development within the OSP and provide a signal to the wider regional (and national) economy regarding the willingness of the market to accept risk post-Covid. 8.15.2 Transport efficiencies The proposed rail siding leads to a reduction of 80% of the potential heavy vehicle movements from APL’s Foam Factory operations as part of the Foam Factory development. It is also anticipated to enable greater efficiencies for existing industrial activities located in the area, if they take up the opportunity to use the siding.

TV3 9. Proposed Conditions of Consent

Proposed conditions of consent have been prepared for the proposal and are included in Appendix 11 in a format consistent with the recently granted WDC and WRC consents for the Stage 1A earthworks and stormwater discharge for the Foam Factory (copies included in Appendix 3). The proposed conditions address the relevant mitigation, monitoring and/or management requirements as identified by the technical assessments prepared for the application. A summary of the key conditions of consent are outlined below. 9.1 Waikato District Council Proposed conditions for the land use consent address the following matters: • Hours of operation. • Accidental discovery protocols (archaeological). • Construction management, including dust management, effects on adjacent roads, detailed road and rail design plans. • Noise and vibration management and monitoring. • Landscape planting plans. • Hazardous materials management. • Transport network improvements, including signage. 9.2 Waikato Regional Council Proposed conditions for the land use consent for earthworks and for the stormwater discharge address the following matters: • The management of earthworks operations, including erosion and sediment control and dust control. • Ecological management plans, including fish management and bat management. • Confirming detailed design matters for the proposed stormwater management framework, including: o Confirming proposed hazardous materials and emergency management procedures to avoid contaminant discharges. o Confirming detailed planting plans for the extensive plantings within the wetlands and swales, including maintenance requirements. o Confirming proposed monitoring frameworks for operations. 9.3 Mitigation and Monitoring Measures The proposal includes a number of measures that have been identified to mitigate actual or potential effects of the activities, including monitoring procedures. These measures include: • Landscape mitigation plantings to address the landscape effects of the proposed factory in the Rural environment as described in the LVA (Appendix 15) and summarised in Section 8.10 above. • Erosion and sediment control measures are an integral aspect to the earthworks proposed to prepare the site for development and to avoid adverse effects on the receiving environment (including the Waikato River and its catchment). Those measures are described in Sections 4.7 and 8.1 above. • A Dust Management Plan has been prepared to address the potential for dust discharges from the earthworks on site. That DMP is described in Sections 4.4 and 8.2 above.

TV3 • Bat and fish management plans are proposed to account for vegetation clearance and drain realignment and reclamation works across the site. Those measures are outlined in Sections 4.3.1 and 8.8 above. • A Noise and Vibration Management Plan will be prepared and implemented on site for the construction activities as described in Section 4.3.4 above. • The potential of the accidental discovery of previously unknown archaeological or cultural maters of significance have been incorporated into the proposal and are included in the conditions of consent included in Appendix 1125. • Spill management and fire-fighting procedures (e.g. shut off valves and fire water ponds) have been incorporated into the Foam Factory design to avoid discharges of contaminants into the receiving environment. This is described in Sections 4.8.5 and 8.12 above. A condition of consent requiring a Stormwater Emergency Management Plan (that will formalise those procedures) to be submitted to and approved by the Waikato Regional Council is included in Appendix 1126. • Monitoring of dust and erosion and sediment controls are incorporated into the proposal via the conditions of consent included in Appendix 1127. • Ongoing monitoring of stormwater discharges from the development are included in the conditions of consent included in Appendix 1128.

25 Condition 46 – Regional Land Use 26 Condition 19 – Regional Stormwater Discharge 27 Conditions 33, 34, 40, 45 – Regional Land Use 28 Condition 20 – Regional Stormwater Discharge 70

TV3 10. Relevant Planning Documents

The following sections outline the assessment required under Clauses 9(1)(h), 9(2) & 9(3) of Schedule 6 to the Act. 10.1 National Environmental Standards It is considered that the relevant National Environmental Standards that need to be considered in respect of APL’s proposed activity include the following: • Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES-CS). • Resource Management (National Environmental Standards for Air Quality) Regulations 2004 (NES-AQ). • Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-FW). 10.1.1 NES - CS Preliminary and detailed site investigations have been completed for the proposed site and activity as provided in Appendix 9. That reporting confirmed minor contaminated soils can be remediated as a Permitted activity under the NES-CS. That remediation is being undertaken as part of the Stage 1A works. 10.1.2 NES – AQ A technical assessment of air quality requirements of the site has been completed. That assessment has shown that the proposal is compliant with the standards set out in the NES-AQ, in particular for particulate matter for minor combustion sources for the manufacturing processes. The NES-AQ matters were addressed in the technical reporting undertaken for the air discharge consents, now granted. 10.1.3 NES – FW The NES-FW is relevant to the activity due to the proposed works in the vicinity of Lake Rotokawau (natural wetland) and works in farm drains. Works in the vicinity of Lake Rotokawau are greater than 100m away and hence the Regulations do not apply to that activity. Furthermore, there are no rivers on the site and hence regulations applying to reclamation of rivers do not apply. 10.2 Any other Regulations The factory will be operated as a Major Hazard Facility under the HSW-MHF and will be managed appropriately under those requirements. The HSW-HS also apply to the facility. Extensive investigations, design and reporting has been competed for the proposed factory and management of hazardous materials on site. Tonkin + Taylor have completed a Hazardous substances technical assessment and a copy of that report is included as Appendix 16. Jacobs have completed a qualitative assessment of the factory and that report is included in Appendix 14. A preliminary Emergency Plan (draft) required for the facility has also been prepared for the site and is included as Appendix 17.

TV3 The necessary authorisations will be sought via the HSW-MHF and HSW-HS prior to the plant commencing operations.

10.3 National Policy Statements It is considered that only the National Policy Statement for Freshwater Management 2020 (NPSFM), which took effect on 3 September 2020, is relevant to the consideration of this application. For completeness, the New Zealand Coastal Policy Statement 2010 is not relevant to the proposal. The NPSFM requires local authorities to recognise the national significance of freshwater and that freshwater quality within a region must be maintained or improved. The concept of Te Mana o Te Wai (the integrated and holistic well-being of a fresh water body) must also be recognised. The NPSFM sets out six key principles relating to the roles of tangata whenua and other New Zealanders in the management of freshwater and places a hierarchy of obligations in terms of managing freshwater resources. It is considered that the proposal is consistent with the NPSFM for the following reasons:

• Tangata whenua values and interests have been considered in the proposal via the TWGG. Particular consideration has been given to maintaining appropriate water quality, as a result of the proposed stormwater and wastewater management on site. A letter of support from the Mana Whenua is provided as Appendix 18.

• The proposal has safeguarded freshwater’s life-supporting capacity, ecosystem processes, and indigenous species via the implementation of a FMP to manage the potential effects on the aquatic environment.

• The proposal includes the remediation of an area of contaminated soil, stormwater management and the use of best practice erosion and sediment control measures during construction. That remediation will lead to the maintenance or improvement the overall quality of freshwater.

• The proposal recognises the downstream receiving environment of Lake Rotokawau, Lake Waikare and ultimately the Whangamarino Wetland. It is also consistent with Te Ture Whaimana o Te Awa o Waikato, as addressed immediately below. An assessment of the proposal against the relevant objectives and policies of the NPSFW is included in Appendix 24. That assessment outlines that the proposal is consistent with the relevant objectives and policies of the NPSFW. 10.4 Waikato-Tainui Settlement Act 2010 The Waikato-Tainui Settlement Act (Waikato River Act) was enacted in May 2010 with the purpose of implementing co-management of the Waikato River. As noted, the overarching purpose of the River Act is to restore and protect the health and wellbeing of the Waikato River for future generations. Through this piece of legislation, it is intended to implement Te Ture Whaimana o Te Awa o Waikato, the ‘Vision and Strategy’ for the River and consequently to meet the objectives of Waikato Tainui for the Waikato River. In accordance with section 12(1) of the River Act, the Vision and Strategy prevails over any inconsistent provision in an NPS, the New Zealand Coastal Policy Statement or any national planning standard. As set out in clause 1(2) of Schedule 2 to the River Act, the Vision for the Waikato River is as follows: ‘Our vision is for a future where a healthy Waikato River sustains abundant life and prosperous communities who, in turn are all responsible for restoring and protecting the health and wellbeing of the Waikato river, and all it embraces, for generations to come.’ 72

TV3 The principles to be pursued in order to realise the Vision are outlined in clause 1(3) of Schedule 2 to the River Act, as follows:

a) the restoration and protection of the health and wellbeing of the Waikato River;

b) the restoration and protection of the relationship of Waikato – Tainui with the Waikato River, including their economic, social, cultural and spiritual relationships;

c) the restoration and protection of the relationships of Waikato Iwi according to their tikanga and kawa with the Waikato River, including their economic, social, cultural and spiritual relationships;

d) the restoration and protection of the Waikato Region’s communities, with the Waikato River, including their economic, social, cultural and spiritual relationships;

e) the integrated, holistic and coordinated approach to management of the natural, physical, cultural and historic resources of the Waikato River;

f) the adoption of a precautionary approach towards decision that may result in significant adverse effects on the Waikato River, and in particular those effects that threaten serious or irreversible damage to the River;

g) The recognition and avoidance of adverse cumulative effects, of activities undertaken both within the Waikato River and within its catchments on the health and wellbeing of the Waikato River;

h) The recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities;

i) The protection and enhancement of significant sites, fisheries, flora and fauna;

j) The recognition that the strategic importance of the Waikato River to New Zealand’s social, cultural, environmental and economic wellbeing, requires the restoration and protection of the health and wellbeing of the Waikato River;

k) The restoration of water quality within the Waikato River so that it is safe for people to swim in and take food from over its entire length;

l) The promotion of improved access to the Waikato River to better enable sporting, recreational, and cultural opportunities;

m) The application of the above of both matauranga Maaori and the latest available scientific methods.

The Vision and Strategy forms part of the Waikato Regional Policy Statement 2016 (RPS) and is given effect through the plans administered by Regional and Territorial Authorities within the catchment. The Waikato River Act also provides for joint management agreements between Waikato-Tainui and the local authorities; participation in river-related resource consent decision-making; recognition of a Waikato-Tainui Environmental Plan; promulgation of regulations relating to fisheries and other matters managed under conservation legislation and an integrated river management plan. In consideration of these provisions, and having accounted for the outcomes of engagement with the Mana Whenua via the TWGG, it is considered the proposal responds to the Vision and Strategy in the following ways: • APL’s investment in the Ohinewai/Huntly locality through, initially the Foam Factory and rail siding, will assist in supporting a prosperous community in accordance with the Vision, by contributing to the restoration of the health and wellbeing of the Waikato River as described in this AEE. • The proposal via the engagement with Mana Whenua has provided the opportunity for APL to understand the site and its relationship with the wider catchment of the Waikato River, the

TV3 Lakes environment and the communities. An enduring relationship has been formed that will provide APL and Mana Whenua the opportunity to work together to restore and protect the connection with the awa, including economic, social, cultural and spiritual relationships as those relate to the site. This includes concrete steps of supporting education and training programmes and providing employment. To date this has included APL transporting several workers who are tribal members to their Auckland factories to gain experience and training in readiness for establishment at Ohinewai. • APL are open to the application of matauranga Maaori as the development proceeds, and are working with Mana Whenua to incorporate cultural symbolism and acknowledgements into the detailed design. • An integrated, holistic and coordinated approach to the proposal has been taken via early engagement with Mana Whenua on matters relating to stormwater and air quality matters as well as understanding of the wider context via the commissioning of the Kaitiaki Environmental Values Assessment (Appendix 19). • The proposed site development earthworks include specific erosion and sediment control measures to ensure that any potential for sediment runoff to affect downstream water quality is avoided. • Landscape planting will incorporate indigenous vegetation sourced from the Meremere Ecological District as recommended in the Kaitiaki Environmental Values Assessment. As shown in the Landscape Assessment (Appendix 15), significant plantings are proposed across the site, including a 1ha area specifically for ecological restoration. • The retiring of approximately 31ha of dairy farm is anticipated to reduce nutrient runoff from the site.

Having given regard to the Waikato River Act, it is considered that the proposal is consistent with the objectives of the Vision and Strategy and overall, will assist to restore and protect the health and wellbeing of the Waikato River for future generations. The assessment above has set out an assessment of effects of the development on the Waikato River and its catchment and the proposed mitigation measures as required by the Order in Council. 10.5 Waikato Regional Policy Statement The Waikato Regional Policy Statement (RPS) is a high-level broad-based document containing objectives and policies the purpose of which is to provide an overview of the resource management issues of the regional and to achieve integrated management of the natural and physical resources of the Region. Further, both the WDP and WRP are required to give effect to the RPS. The RPS outlines a number of objectives that are relevant to the proposal and the achievement of the objectives is via the policies. Of particular note is the RPS objectives and policies incorporate the Vision and Strategy for the Waikato River as formulated within the River Act 2010, the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 and the Nga Wai o Maniapoto (Waipa River) Act 2012. The Vision and Strategy for the Waikato River is explicitly set out at Section 2.5 of the RPS. As set out in Section 10.4 above, the proposal is considered to be consistent with the Vision and Strategy.

TV3 An assessment against the relevant objectives and policies of the RPS is included in Appendix 25. That assessment outlines that the proposal is generally consistent with the relevant objectives and policies of the RPS. 10.6 Operative Waikato District Plan An objectives and policies assessment has been completed and is included in this application as Appendix 23. That assessment outlines that the proposal is generally consistent with the objectives and policies. 10.7 Proposed Waikato District Plan An objectives and policies assessment of the PWDP has been completed and is included in this application as Appendix 23. That assessment outlines that the proposal is generally consistent with the objectives and policies. 10.8 Waikato Regional Plan This section sets out a summary of the assessment of the proposal against the relevant objectives of the WRP. A full assessment is set out in Appendix 23. In summary the proposal is generally consistent with the relevant objective and policies of the WRP, in particular: • The proposal will not result in a decrease in water quality and will not have a significant effect on aquatic ecosystems. • There are no increases in the adverse effects of flooding. • Erosion and sediment control measures will prevent the inappropriate discharge of sediments to the receiving environment. • There are no adverse effects on air quality due to best practice air discharge technology being installed for the factory. 10.9 Waikato Tainui Environmental Plan – Tai Tumu, Tai Pari, Tai Ao The Waikato-Tainui Environmental Management Plan, Tai Tumu, Tai Pari, Tai Ao (WTEP) is an Iwi Management Plan under section 35A of the RMA. The WTEP was prepared as anticipated by both the RMA and River Act and provides a further framework for assessing consistency with the Vision and Strategy for the Waikato River. An assessment against the relevant objectives and policies of the WTEP is included in Appendix 26. It is considered that the proposal is consistent with the WTEP for the following reasons: • The proposed activities have been directly assessed against the provisions of Te Ture Whaimana o Te Awa o Waikato (Vision and Strategy) in Section 10.4 above. That assessment found the proposed activities to be consistent with the Vision and Strategy. • There are no identified heritage sites on the subject site and protocols are in place to manage the potential for archaeological discovery. Kaitiaki monitors are proposed to observe topsoil stripping onsite. • Earthworks will be undertaken in accordance with best practice construction methods and the appropriate erosion and sediment controls will be established on the site that will avoid discharges to fresh water bodies. • The proposal includes the benefit of remediating the soil contamination present on the site.

TV3 • Stormwater management for the site is based on the best practice ‘treatment train’ approach and utilises a wetland that provides for the opportunity for enhancement plantings. • The engagement process adopted by NZCG is consistent with the model included in the WTEP in that a lasting relationship has been formed between the developer and Waikato-Tainui through the TWGG. The relationship is based on tikanga, good faith, transparency, patience and understanding and formalised through the MOU. This engagement has informed the outcomes in these applications. • The Foam Factory has also supported the highest environmental target in terms of the air discharge by adopting a carbon filter and commissioning an independent peer review (in conjunction with Waikato-Tainui) to ensure it is the best practice approach. This is consistent with section 8.3 and Method 23.3.1.1 (d) of the WTEP, which is to ‘Encourage industry to implement industry best practice or best practicable option for improving air quality’. That approach has supported the air discharge consents having been granted for the foam factory. • Section 10.3.4 refers to Tribal Social and Economic Wellbeing. APL, through the MOU and ongoing collaboration with the TWGG is committed to supporting employment and education initiatives through its investment in Ohinewai. Huntly/Ohinewai is one of the most socially-deprived areas in New Zealand and a large proportion of the population are tribal members. These initiatives will build capacity and help to sustain economic activity.

11. Part 2 Resource Management Act 1991

As required under clause 9(1)(g) of the Act, this section sets out an assessment of the activity against Part 2 of the RMA. Part 2 of the RMA contains that Act’s purpose and principles. The overall purpose of the RMA is to promote the sustainable management of natural and physical resources. Sustainable management is defined to mean managing the use, development and protection of such resources in a way that enables people and communities to provide for their social, economic and cultural well-being and health and safety, while: • Sustaining the potential of resources to meet the reasonably foreseeable needs of the future generations; • Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and • Avoiding, remedying or mitigating adverse effects on the environment of the activity.

Part 2 matters must be given effect to in policy, plan and rule making and when making decisions on resource consents. The proposal is considered to be consistent with the purpose of the RMA as it does not compromise any physical resources, or reduce the life-supporting capacity of air, water, soil and ecosystems. Further, the range of expert assessments has demonstrated that any adverse effects from the proposal can be appropriately avoided, remedied or mitigated. The only exception to this is the potential landscape/visual effects from views in close proximity to the Foam Factory. However, those effects only arise as a result of the Foam Factory being an industrial building in what is currently a rural zone. As outlined, the site’s zoning is likely to change from rural to industrial, in accordance with APL’s submission on the PWDP. On that basis, it is considered that such effects fall far short of meaning the present application should be declined. The proposal will also result in a number of positive benefits (in particular economic benefits) which will assist a range of people to provide for their social, economic and cultural wellbeing.

TV3 11.1 Section 6 – Matters of national importance Section 6 of the RMA contains matters of national importance that must be recognised and provided for. It is considered that the proposal has recognised and provided for all relevant matters of national importance in the following ways: • The proposal ensures the preservation of the natural character of the adjacent Lake Rotokawau wetland and its margins. The VLA completed for the site has assessed that the site is sufficiently distant from the Lake that it will not affect its existing natural character. • The outstanding natural feature of Lake Waikare is not adversely affected by the proposal due to appropriate stormwater management measures being in place and the Foam Factory being located sufficient distance from the Lake margins. • The relationship of Maori and their culture and traditions with water has been acknowledged via the engagement and partnership with Mana Whenua/ the TWGG. • The site is not subject to risks from natural hazards such as flooding as the development has accounted for flood modelling in the proposed earthworks across the site and civil engineering design. 11.2 Section 7 - Other matters Section 7 of the RMA lists the matters that the consent authority is required to have particular regard to in achieving the purpose of the RMA. It is considered that the proposal has given particular regard to all relevant matters relating to kaitiakitanga, the efficient use and development of natural and physical resources, the maintenance and enhancement of amenity values and the quality of the environment as follows: • The application process has involved early and ongoing engagement and partnership with Mana Whenua. That engagement has developed a strong, enduring relationship. • The proposal enables development that is considered to be an efficient use of an area of rural land that is no longer being used for productive purposes. • The proposal does affect the maintenance and enhancement of rural amenity values for those in close proximity to the development. As noted, that is only as a result of the Foam Factory being an industrial building in what is currently a rural zone, something that is likely to change shortly. From all other viewpoints, the proposal will maintain the amenity of the surrounding area via landscape plantings. • Overall, the proposal will enhance the quality of the environment, including the wider Ohinewai/Huntly community, as a result of the economic opportunities and growth it will generate. While it is an industrial building and operation, the proposal has been designed to provide as much visual interest as possible and includes a one hectare area of restoration plantings, both of which will contribute to enhancing the quality of the environment.

For these reasons, it is considered that the development overall is consistent with section 7 of the RMA. 11.3 Section 8 – Treaty of Waitangi Section 8 requires that the principles of the Treaty of Waitangi be taken into account. In terms of resource management, the principles can be distilled into providing opportunities for participation in the consenting process and providing for protection of Maori interests. It is considered that the proposal is consistent with the principles of the Treaty of Waitangi and upholds the principles of engagement and partnership.

TV3 In particular, the Applicant has undertaken active engagement and open participation on the project development with tangata whenua primarily through the TWGG, which has provided its approval to the development. In summary, for the reasons outlined above, it is considered that overall, granting (rather than refusing) consent to the proposal will best promote the RMA’s sustainable management purpose.

TV3 12. Covid-19 Recovery (Fast-track Consenting) Act – Purpose

In accordance with clause 9(1)(g) of the Act, this section of the report sets out how APL’s proposal achieves the purpose of the Act, having regard to the matters set out in section 19 of the Act as being relevant to that assessment. The purpose of the Act states: ‘The purpose of this Act is to urgently promote employment to support New Zealand’s recovery from the economic and social impacts of COVID-19 and to support the certainty of ongoing investment across New Zealand, while continuing to promote the sustainable management of natural and physical resources.’

Table 12.1 below outlines an assessment of the proposal against that purpose and the relevant criteria from section 19.

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Table 12.1 – Section 19 Assessment

Section 19 Criteria Comment The project’s economic benefits and costs for people or • The proposal will provide for much needed positive economic benefits in the wake of COVID-19, as outlined in the industries affected by COVID-19 economic assessment completed by Property Economics – copy included in Appendix 21. This will primarily be through the level of investment and job creation that it will entail. Critically, the job creation will be in the manufacturing and construction, both sectors which have become increasingly critical to the economic wellbeing of the Waikato region over the last decade. • The project is anticipated to provide for a capital investment of $118m with an economic impact of $152m, along with a 5-year total approximate employment count of 2100 jobs as a result of the project construction and operations. The economic assessment also outlines other benefits as a result of the project, including: • Opportunity and Equity – the development has the potential to increase the competitive profile of the local and regional economy, with the result of population growth and greater economies of scale. • Operational Efficiencies and increase competitiveness – The development of the rail siding provides increased efficiencies and competitive opportunities for the wider Waikato region and local economy. • Sector specific growth - the development facilitates a transition from a predominantly primary agricultural sector to both secondary and tertiary business sectors through both a competitive location and the introduction of unique manufacturing activities to support employment and business growth. • The Foam Factory is also the catalyst or first step in creating longer term and substantial job creation associated with the Ohinewai Structure Plan (OSP) area proposed over the Applicant’s wider landholdings of 178ha (described in further detail at Section 2.2 above). While the wider rezoning has yet to be confirmed, the foam factory is expected to comprise the first stages of the larger ‘anchor’ factory (of approximately 100,000m2) within the proposed mixed-use development of industrial, commercial and residential land use.

The project’s effect on the social and cultural well-being of • Overall, the proposal results in potential social and cultural wellbeing effects for people in Ohinewai, Te Kauwhata and current and future generations Huntly that are positive and substantial, as outlined in the assessment completed by Quigley and Associates (Appendix 22). This is based on the following. o Employment projected from factory construction is substantial, with a five-year construction employee count of over 2,100. While such jobs are temporary, they support the pipeline of work which exists in the construction industry. o The proposal provides for an additional 50 permanent (post-construction) jobs for the local communities of Ohinewai and Huntly, with employment opportunities being a key criteria in providing for health and wellbeing.

80 TV3 o The project provides for specific cultural wellbeing of the local tangata whenua by encouraging local employment via partnerships with educational facilities and Waikato-Tainui. The importance of this partnership is acknowledged by the Tangata Whenua in their letter of support of the proposal (Appendix 18). o The project has the opportunity to provide for positive outcomes for other employers in the area from the establishment of a School of Secondary Tertiary Studies that look to provide for transformative vocation-based learning. o The assessment has outlined that these positive effects are highly likely to be inter-generational because of the nature of outcomes arising from employment, the targeting of school students and the strong relationship with local Maori. • The environment is also a key determinant of wellbeing. In this regard, the proposals’ effects have been assessed to be neutral, based on the following: o While the existing Lumsden Road residents will experience social effects arising from the change of their rural outlook (to the east only) to massed plantings and factory buildings, the wider community of Ohinewai, there are several medium and large employers (and their factories) in the surrounding area already (Max Birt Sawmill, Lumbercorp, Ceracell, Compac Homes). The presence of another 50-staff business is in keeping with the existing environment. o APL has sought to enhance the existing environment by remediating an area of historic site contamination, retiring a portion of the existing dairy farming operation and providing enhancement plantings surrounding stormwater wetlands. o APL has worked with the local property owners and tangata whenua groups to address effects of the development such as noise and vibration, traffic effects, monitoring of earthworks by kaitiaki and installing world class air quality filters at the factory. Wastewater and stormwater management will also provide for best practice treatment measures to ensure effects on the downstream Lake Rotokawau, Lake Rotokawau and Whangamarino wetland are negligible. Together these mitigate any potential environmental effects of the proposal. Whether the project would be likely to progress faster by • Based on the MfE’s “best case” assessment that was accounted for when applying for Referred project status, proposals using the processes provided by this Act than would could take a total of seven months to progress through the fast-track process under the Act. This comprises three otherwise be the case months for the grant of Ministerial approval to the referral, and a further four months for the expert consenting panel process. • By contrast, progressing the same application via WRC and WDC under the normal RMA process would take at least 12 months (and more likely 18 months-2 years, before appeals), based on previous experience and their current workloads. • Overall timeframes are likely to be further reduced, given that appeal rights are restricted to points of law only under the Act, as opposed to the merits appeal to the Environment Court that is available under the RMA.

TV3 • The process of rezoning through the submission on the District Plan has uncertainty over the timing of a decision and carries a wide appeal risk that could add a further 12 months to the process. • Further, the greater certainty of timeframes and outcomes provided by using the fast-track process means that APL will have confidence to make investment decisions regarding detailed design and factory establishment, while the project progresses through the expert consenting phase. • Overall, use of the fast-track process means the proposal is likely to be under construction a minimum of two years earlier than if following the standard RMA consenting process. Whether the project may result in a public benefit by, for example,— i. generating employment: • The proposal provides for a 5 year total approximate employment count of 2100 jobs as a result of project construction and operations. • There may be additional employment opportunities beyond Sleepyhead as a result of the rail siding via increased efficiencies and competitive opportunities for the Region and local economy. One existing employer in Ohinewai has expressed a willingness to access the rail siding and NIMT for their operations with associated job creation of between 2- 5 full time positions. ii. increasing housing supply: • N/A – the proposal does not provide for additional housing. iii. contributing to well-functioning urban environments: • The proposed factory is not located within an existing urban environment, however the employment opportunities provided by the factory leads to positive outcomes in the Huntly and Te Kauwhata urban areas via the employment opportunities offered. iv. provide infrastructure, to improve economic, • Rail infrastructure is proposed to provide access to the Tauranga and Auckland Ports, via the NIMT for the factory and employment, and environmental outcomes, and other existing and proposed industrial activities proposed within the wider Ohinewai area. This infrastructure provides increase productivity, for opportunities for increased productivity due to easier access to import and export facilities. • The Foam Factory is self-sufficient in terms of wastewater and water supply infrastructure and the factory investment itself provides the built environment for economic benefits and productivity gains. v. improve environmental outcomes for coastal or • The proposal leads to the retirement of approximately 31ha of the existing dairy farm with anticipated reduction in freshwater quality, air quality, or indigenous nutrient runoff and improvements in water quality. biodiversity. • The proposal includes best practice stormwater management. • The stormwater wetlands and landscape plantings around the site provide for opportunities for the enhancement of indigenous biodiversity in the area. One hectare of restoration plantings are incorporated into the proposal as the initial stage of the proposed wetland park area.

TV3 vi. minimising waste • Consolidation of APL’s foam plant operations in a modern, purpose built facility will allow it to retire its existing operations in Avondale and Otahuhu. In doing so, it will be able to employ new technologies and efficiencies that will result in significant opportunities for waste minimisation. • Further, the manufacturing facility utilises the use of foam off-cuts as part of the manufacturing process. vii. contributing to New Zealand’s efforts to mitigate • The Factory location has been chosen due to its proximity to the NIMT, and via that its access to both the Auckland and climate change and transition more quickly to a low- Tauranga Ports. There will also be one consolidated foam factory operation, thus eliminating the current need for truck emissions economy (in terms of reducing New Zealand’s transport between its existing Otahuhu and Avondale plants (which are often delayed due to the level of congestion on net emissions of greenhouse gases) Auckland roads). • As outlined in the integrated traffic assessment included as Appendix 5, the proposal is expected to reduce the number of trucks on the road as a result of APL’s operations by approximately 80% for Stages 1 and 2. The rail siding is also anticipated to act as a catalyst for existing manufacturing and processing activities nearby, thereby further providing for opportunities to reduce industry’s reliance on the network and expected reduction in greenhouse gas emissions. • The Greenhouse Gas Assessment included as Appendix 20, outlines the significant improvements to the Comfort Group’s emissions due to the Ohinewai Foam Factory being constructed. Approximately 43.3million kg/carbon dioxide equivalents can be saved as a result of the project. viii. promoting the protection of historic heritage • The site holds no particular values with respect to historic heritage. ix. strengthening environmental, economic, and social • Any flood risk as a result of the development has been managed and the project is not at risk from a stop bank breach of resilience, in terms of managing the risks from natural the Waikato River. hazards and the effects of climate change: • The proposed rail siding is anticipated to lead to lower carbon emissions for operations of the foam factory and other industries nearby. Whether there is potential for the project to have • Overall, it is not considered that project will result in any significant adverse environmental effects. significant adverse environmental effects, including • The proposed factory is likely to have adverse effects on amenity values of the existing rural environment when viewed greenhouse gas emissions in close proximity (within 1-1.5km). However, that is in the context of the site’s present rural zoning, rather than its proposed industrial zoning as sought by APL’s submission on the PWDP. When viewed from further afield, the effects of the proposed factory are considered to be appropriate. • As outlined in the GHG report, the proposed foam factory will not have adverse effects on greenhouse gas emissions, and will contribute to a reduction in emissions. The hazardous substances used in foam production are not considered to be key greenhouse gases. In any case, the proposed rail siding and access to the NIMT will overall create positive effects in terms of greenhouse gas emissions, due to reduced truck movements. Any other matter that the Minister considers relevant. • It is not considered that there are any other matters relevant to the Minister’s consideration of this application.

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13. Conclusion

This report supports an application to the ECP via the COVID-19 Recovery (Fast-track Consenting) Act 2020. The project proposed by APL includes the construction and operation of the Ohinewai Foam Factory and Rail Siding and connection to the North Island Main Trunk railway. Earthworks to prepare the site for the Foam Factory are underway on site (Stage 1A), and the approvals sought via the ECP will authorise the construction and operation of the foam factory itself, together with the rail siding and connection to the NIMT and the necessary earthworks and stormwater infrastructure for that rail siding. The factory is a substantial investment by APL and provides for significant economic and social benefits to the local and regional economy in the wake of Covid-19, in a socially-deprived area. Appropriate mitigation measures are proposed and incorporated into the draft conditions (including significant landscape plantings surrounding the factory) to ensure that any potential environmental effects from the proposal are appropriately avoided, remedied or mitigated. The management of hazardous materials has been assessed extensively and the factory design and operations include spill and emergency procedures. The proposal also enables a transition to a low emissions economy. By closing existing foam manufacturing plants in Auckland, incorporating the rail siding into the project and providing for 1ha of restoration plantings, the project is estimated to save the emission of approximately 43.3 million kg of carbon dioxide equivalents in Year 2024. Earthworks are already underway to prepare the site for construction of the factory, in accordance with approvals granted by WDC and WRC. Pending the granting of the present application, factory construction could commence in late 2021. The Fast-Track process provides the opportunity for construction to commence approximately 18-24 months ahead of when it would if consented via the traditional resource consenting process.

84 TV3 Appendix 1 - EPA Application Form & Checklist

TV3 Appendix 2 – (Proposed) Ohinewai Structure Plan & Zoning Plan

TV3 Appendix 3 – Existing Resource Consents

TV3 Appendix 4 – Record of Titles

TV3 Appendix 5 – Integrated Transport Assessment & Draft CTMP

TV3 Appendix 6 – Geotechnical Report

TV3 Appendix 7 – Ecological Impact Assessment

TV3 Appendix 8 – Archaeological Report

TV3 Appendix 9 – Contamination Reports

TV3 Appendix 10 – Infrastructure Reports

TV3 Appendix 11 – Proposed Conditions of Consent

TV3 Appendix 12 – Noise & Vibration Assessment & Stage 1A CNVMP

TV3 Appendix 13 – Architectural Plans

TV3 Appendix 14 – Qualitative Risk Assessment

TV3 Appendix 15 – Landscape & Visual Assessment Report

TV3 Appendix 16 – Hazardous Materials Assessment

TV3 Appendix 17 – Draft Emergency Plan

TV3 Appendix 18 – Tangata Whenua Governance Group Approval

TV3 Appendix 19 – Kaitiaki Environmental Values Assessment

TV3 Appendix 20 – Greenhouse Gas Emissions Assessment

TV3 Appendix 21 – Economics Assessment

TV3 Appendix 22 – Social Impact Assessment

TV3 Appendix 23 – WDP & WRP Objectives and Policies Assessment

TV3 Appendix 24 – NPS-Freshwater Objectives and Policies Assessment

TV3 Appendix 25 – Regional Policy Statement Objectives and Policies Assessment

TV3 Appendix 26 – Waikato Tainui Environmental Plan Objectives and Policies Assessment

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