Rangiora Landscape & Garden Supplies Limited
Resource Consent Application to Discharge Contaminants
including Assessment of Environmental Effects
April 2019
Disclaimer:
This report has been prepared solely for the benefit of Rangiora Landscape and Garden Supplies Limited. No liability is accepted by Bowden Consultancy Limited (trading as Bowden Environmental) or any employee or sub-consultant of this company with respect to its use by any other person.
This disclaimer shall apply not withstanding that the report may be available to other persons for an application for permission or approval or to fulfil a legal requirement.
Report Information
Client Name Rangiora Landscape and Garden Supplies Limited File Number 1024
Report Resource Consent Application and Assessment of Environmental Effects for the discharge of Reference contaminants
File Location Z:\Client Information\Winter, Vicki & Mike\Consent to discharge of contaminants April 2019.doc
Prepared by Reviewed by Approved by Date Completed
Erin Harvie John Talbot M & V Winter (17/4/19) 15.4.19
© All rights reserved. This publication may not be reproduced or copied in any form, without permission from the client. This copyright extends to all forms of copying and any storage of material in any kind of information retrieval system.
Application for Resource Consent under Sections 88 and 15 of The Resource Management Act 1991
TO: Environment Canterbury
Rangiora Landscape and Garden Supplies Limited hereby applies for the resource consent below.
1. The names and address of the owners and occupiers of any land to which the application relates are as follows:
Rangiora Landscape and Garden Supplies Limited Owners: (co#1263961) Occupiers: Mike & Vicki Winter Address: 643 Lineside Road, Rangiora Phone No: 027 313 7338 (Mike Winter)
2. The location area to which this application relates is:
Map Reference: NZTM2000 1563217mE, 5201486mN Legal Descriptions: Lot 2 DP 55537 Property Location: Egans Road, Rangiora Territorial Authority: Waimakariri District Council
3. Previous consent number: N/A
4. Bowden Environmental has been retained to act as contact person
Address: P.O. Box 404, Kaiapoi 7644 Email: [email protected] Phone No: 03 375 5015 Fax No: 03 375 5016 Mobile: 027 434 7438
18.04.2019 5. Signed Dated
TABLE OF CONTENTS
1.0 INTRODUCTION ...... 6 2.0 LEGAL & PLANNING ...... 6 2.2 Resource Management Act 1991 (the Act) ...... 6 2.3 Land and Water Plan (LWRP) ...... 7 2.4 Waimakariri River Regional Plan (2011) ...... 8 2.5 Waimakariri River Region Zone Implementation Plan Addendum ...... 8 2.6 Duration Sought ...... 8 3.0 DESCRIPTION OF THE AFFECTED ENVIRONMENT ...... 9 3.1 Regional Context ...... 9 3.2 Local Context ...... 9 3.2.1 Land area to be used ...... 9 3.2.2 Soils and substrate ...... 9 3.2.3 Groundwater ...... 9 3.2.4 Surface Waters ...... 11 4.0 CONSULTATION ...... 12 5.0 ASSESSMENT OF ACTUAL AND POTENTIAL EFFECTS ...... 13 5.1 Potential Adverse Effect on Groundwater Quality and Groundwater Users ...... 13 5.2 Potential Adverse Effect on Surface Water Quality ...... 14 5.3 Potential Adverse Effect on Tangata Whenua Values ...... 16 5.4 Consideration of Alternatives ...... 17 6.0 MITIGATION PROPOSED ...... 18 7.0 OVERALL ASSESSMENT AGAINST PLANS, OBJECTIVES AND POLICIES ...... 19 7.1 Waimakariri River Regional Plan (WRRP) ...... 19 7.2 Land and Water Plan (LWRP) ...... 19 7.3 National Policy Standards and National Environmental Standards ...... 21 7.3.1 Freshwater ...... 21 7.3.2 Biodiversity ...... 21 7.3.3 Sources of Human Drinking Water Standard ...... 21 7.4 Regional Policy Statement ...... 22 8.0 RESOURCE MANAGEMENT ACT PART 2 ...... 22 9.0 SUMMARY AND RECOMMENDATIONS ...... 23
APPENDICES
Appendix 1 Location Map
Appendix 2 Relevant resource consent (CRC061256) Appendix 3 Site Photographs Appendix 4 Relevant Well Cards and Bore logs Appendix 5 Water quality records Appendix 6 Mass Mixing Modelling
Appendix 7 ECAN CON499 Form
Bowden Environmental Assessment of Environmental Effects Discharge of Contaminants
April 2019
1.0 INTRODUCTION
Rangiora Landscape and Garden Supplies Limited, the applicant, has commissioned Bowden Environmental to act on their behalf in seeking consent to discharge contaminants to land that may enter water, as a result of composting and stockpiling of compost occurring on unsealed surface.
Rangiora Landscape and Garden Supplies Limited operates a bulk material processing and storage at 114 Egans Road (Appendix 1); the site is an industrial premise, as the materials are processed for commercial purposes. The application seeks consent for decomposing organic matter, i.e. compost, at a maximum of 8,000 cubic metres of compost on site at any one time. The area within which the compositing is to occur is less than 0.5ha of the 8ha property (area shown with black outline in Appendix 1). This consent is applied for as a retrospective consent as the activity has been occurring on site since January 2006.
The materials used in the compositing process include: a. Sawdust and bark; b. Mushroom (composed of Chicken Manure, Wheat Straw, Peat and Lime); and c. Pig Manure
The process starts with composting material being delivered to the site. Organic material is immediately mixed with sawdust and, when required, bark. The compost typically consists of 40% sawdust mixed with approximately 60% Mushroom. This blended organic material is placed into windrows of approximately 20 metres long and 4 metres high. The base of the windrow is approximately 0.5m of sawdust which is located over top soil. The sub-surface material under the compacted gravel is composed of top soil underlain by yellow clay (refer to section 3.2.2 and Appendix 3). The windrows are turned every three to four weeks using a loader until the active compost phase is complete. The compost is then left to cure before the product is delivered to the sales yard. The applicant has over 20 years of experience with the manufacturing of compost and use this expertise for making the judgement call on the proportions of materials and timing of when turning is to occur.
The applicant also holds consent CRC061256 (Appendix 2) to discharge containments to air (odour and particulate matter) from on-site storage and handling of bulk materials and landscaping supplies and the manufacture of compost material. This compost material is limited to including pig waste, chicken waste, and sawdust; and any mixture of these.
The assessment of effects on the environment has been prepared in accordance with Section 88 and the Fourth Schedule of the Resource Management Act 1991 (RMA). It includes a site description, description of the proposal and the affected environment, an assessment of the actual and potential effects of the proposal on the environment, and an assessment against the objectives and policies of the relevant planning documents. Additionally, in accordance with section 91(1) no other consents are considered to be required for this application.
2.0 LEGAL & PLANNING
2.1 Overall Status of the Activity
The consent to discharge contaminants to land that may enter water is considered to be discretionary under Rule 5.92.
2.2 Resource Management Act 1991 (the Act)
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The principles of the Resource Management Act 1991 focus on the overriding purpose of sustainable management. The purpose of the Act as outlined in section 5 RMA is to-
“...promote the sustainable management of natural and physical resources”
While section 6 of the RMA outlines matters of national importance that are to be recognized and provided for in achieving the purpose of the RMA. Section 7 of the RMA outlines ‘other matters’ that should be given particular regard to in achieving the purpose of the RMA. Section 8 of the RMA outlines the Principles of the Treaty of Waitangi which shall be taken into account.
Section 9(3)(a) of the Resource Management Act (the Act) states that no person may use land in a manner that contravenes a rule in a regional plan or a proposed regional plan unless that activity is expressly allowed by a resource consent granted by the regional council responsible for the plan. Under the Act section 9(4)(b) the definition of the use of land includes any excavation, drilling, tunnelling, or other disturbance.
Section 15 (1) (b) of the Act states that:
"no person may discharge any contaminant onto or into land in circumstances which may result in that contaminant ...entering water ...unless the discharge is expressly allowed by a rule in a regional plan and in any relevant proposed regional plan, a resource consent or regulations ".
The discharge will contain contaminants and could potentially contaminate groundwater and possibly surface water. Therefore, the discharge requires authorisation by either a regional rule or resource consent.
Section 15 (2) of the Act states that:
“no person may discharge any contaminant into the air, or into or onto land, from – (a) Any place; or (b) Any other source, whether moveable or not, – in a manner that contravenes a rule in a regional plan or proposed regional plan unless the discharge is expressly allowed by a resource consent or regulations or allowed by section 20A (certain existing lawful activities allowed).”
Section 104(1) of the Act states, that subject to Part II, when considering an application for resource consent and any submissions received, the consent authority shall have regard to any actual and potential effects on the environment of allowing the activity, and any relevant provisions of relevant policy or planning instruments, and any other matter considered relevant and necessary to determine the application.
Section 105(1) states that in assessing an application for a discharge permit contravening section 15 of the Act, the consent authority must, in addition to matters in section 104(1), have regard to the receiving environment, the nature of the discharge, the applicant’s reasons for the proposed choice, and any possible alternatives.
Section 107 (1) of the Act restricts the consent authority from granting applications for discharges that may give rise to adverse effects on water quality outlined in that section. It is considered that with the mitigation measures proposed in section 6.0 that effects more than minor on water quality is unlikely to occur.
2.3 Land and Water Plan (LWRP)
Sections 3, 4, and 5 of the LWRP address the management of water within the Canterbury Region, and section 8 addresses water management within the Waimakariri sub region. The relevant Rules from the Land and Water Regional Plan for the application are as follows.
Under the LWRP organic matter has been defined as: Organic matter means all living and dead material derived from living organisms, or any compounds containing carbon as an essential component. Organic matter includes organic material from production land, industrial or trade premises, or industrial or trade processes, such as dead vegetation, organic farm waste, organic freezing works waste and organic fish processing factory waste.
Stockpiling organic matter: Rules 5.38 and 5.40 are not considered relevant as while these rules apply to the use of land for the stockpiling of organic matter it is in relation to farming activities. Therefore, the use of land for stockpiling organic matter on an industrial or trade premise does not contravene a rule in a regional plan and does not require a resource consent.
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Discharge to land where a contaminant may enter water: The activity being applied for is in relation to organic matter from an industrial or trade process. Therefore, conditions 1 and 3 of Rule 5.38 cannot be complied with as the stockpile is larger than 20m3 and is from an industrial or trade process. Condition 3 of Rule 5.39 cannot be complied with as the activity is from an industrial or trade process. Condition 1 of Rule 5.40 cannot be complied with as a Farm Environment Plan is not prepared for the proposed site (which is classified as industrial or trade).
The discharge of any liquid waste or sludge waste from the industrial site is not a permitted activity under Rule 5.91 as it cannot comply with condition (f) as the property is located within a Red Nutrient Zone and may contain nitrogen or phosphorous. Therefore, the activity is discretionary under Rule 9.52.
5.92 The discharge of any liquid waste or sludge waste from an industrial or trade process, including livestock processing, excluding wastewater, into or onto land, or into or onto land in circumstances where a contaminant may enter water that does not meet one or more of the conditions in Rule 5.91 is a discretionary activity.
2.4 Waimakariri River Regional Plan (2011)
As the WRRP incorporating Change 1, became operative on 11 June 2011, under s88A(2) it "must be had regard to in accordance with section 104(1)(b)" by the consent authority. Section 104(1)(b)(iv) confirms that the consent authority must have regard to relevant provisions of a plan or proposed plan. The consent authority will therefore consider any relevant provisions of the WRRP.
It is considered that the proposed activity will safeguard Objective 6.1 and Policies 6.2, and 6.3 of the Waimakariri River Regional Plan (note policy 6.1 is not considered relevant to this application) and that Rule 6.1 is not relevant as the activity will not result in the direct discharge of contaminants into surface water bodies or into/onto land within 20m of a surface water body or in circumstances which may result in that containment entering surface water bodies.
2.5 Waimakariri River Region Zone Implementation Plan Addendum
The Waimakariri Zone Committee has just released an addendum to the Zone Implantation Plan (ZIPA). This addendum focuses on water quality and water quantity. This document has five key recommendation areas, of which the most relevant is reducing nitrates (D3). These recommendations set out a Nitrate priority management area in Map X8. The Egan Road site is not located within the Nitrate priority management area but is located within the area identified as a Runoff Priority Management Area. However, all recommendations for the runoff priority management area relate to farming activities.
2.6 Duration Sought
Duration of 35 years is sought for the consent.
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3.0 DESCRIPTION OF THE AFFECTED ENVIRONMENT
3.1 Regional Context
The Egan Road site is located approximately 4.7 kilometres to the South West of the Rangiora Township on the Waimakariri-Ashley plain. The plains were built up as successive fans composed of gravel, sand, silt and clay debris originating in the Southern Alps and transported and deposited by the rivers, especially the Waimakariri. The site falls within the Spring Discharge Zone which is considered to be an area of unconfined, semi-confined and confined (shallow confined aquifers exist locally between the 1m and 3m upper confining layer boundaries) aquifers which receive groundwater outflow from the Cust and Eye River Zones, and some direct rainfall recharge (Sanders, 1997).
3.2 Local Context
3.2.1 Land area to be used
The site land, storage and discharge areas are located on relatively flat land typical of the Canterbury plains and is zoned rural under the Waimakariri Distinct Council plan and is surrounded by rural farmland and smaller lifestyle properties. The site is in the Ashley - Waimakariri Nutrient Allocation Zone which is a red zone, meaning that water quality outcomes are not currently being met. From the Canterbury Regional Council GIS database the closest residential areas are Mandeville North located approximately 3 km to the south and Southbrook located approximately 4.7km to the north east of the site. The nearest neighbouring houses not owned by the applicant are located approximately 250 m East the compost storage area.
There are six other consents to discharge onto land within 1000m of the Egan Road site. These consents consist of:
Human Effluent There are four consents for the discharge of Human Effluent to land under s 15(1)(b) of the RMA located approximately 800-1000m from the Egan Road site to the south. There are a number of other existing dwellings within a closer distance which do not show as having consent for the discharge of Human Effluent (this may not have been required at the time the properties where built).
Dairy Effluent There are two active consents to discharge dairy effluent to land under s 15(1)(b) of the RMA located approximately 840m south east and 810m North East of the Egan Road Site. These consents authorise the discharge of diluted dairy effluent at a rate not exceeding 200kg/N/ha/yr.
3.2.2 Soils and substrate
S-maps shows that the site is located over Utuhinaƒ moderately deep peat over skeletal. This is consistent with the material which was present in a test pit dug on site (refer to photo five in Appendix 3). S-maps data indicates that this soil is moderately deep (45-100cm deep), very poorly drained, with a high-risk score for relative bypass flow and a very low risk for relative Nitrate nitrogen leaching.
Bore log M35/10740 is located at 114 Egans Road and indicates that approximately 10mm of topsoil overlies 6 metres of yellow clay with some gravel content (Bore log M35/10740, Appendix 4). This is supported by surrounding bore logs M35/9288 which shows 0.5m of peat underlain by 2 metres of yellow clay (Bore log M35/9288, Appendix 4).
3.2.3 Groundwater
The activity site is located adjacent to Egan Road. The proposed activity is to be located over a semi- confined aquifer. The groundwater beneath this discharge area flows from northwest to southeast as depicted in Figure 3.1 (from the technical report Ashley-Waimakariri Groundwater Resources Investigation (2014)).
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Figure 3.1: Piezometric levels surveyed in June 2010 and May 2011 in the Ashley-Waimakariri Plains. 114 Egans Road is identified by the black star.
According to the Canterbury Regional Council ‘Wells’ database, within a one-kilometre radius of the property there is a total of 28 active bores; a further 10 non-operational bores are not considered to form part of the existing environment. Of these 28 active bores, 16 are located on the opposite site of the Cust Main Drain; Bore M35/10740 is located on site and three bores are located down-gradient of the Egan Road Site (Figure 3.2). Bores M35/11735, M35/9288 are primarily used for stockwater, and M35/6774 is listed as being used for public water and is a bore used to service four homes (including the applicants) while bore M35/9288 located on the same landparcel is used for stockwater supply (this take is not a registered public drinking water supply). The closest registered public drinking water supply bore is the Pine Acres Motor Park bore located approximately 10 km away.
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Figure 3.2: showing the local Piezometric levels surveyed in red lines and the lcoation and distance between the composting site and the closest down-griadent groundwater bores.
The Canterbury Regional Council’s online GIS shows that the property is in an area where the depth to groundwater contour is 1m below ground level (m bgl). However, depth to water levels recorded for wells within one kilometre of the property indicates that initial static water levels in bores have ranged from 0.45m bgl to 2.9m bgl with the static water level for the bore on the property reading 2.9m bgl. Bore M35/4838 located up-gradient of the property has a recoded water level of 2m bgl, while bores M35/9288 and M35/11735 located down-gradient of the property have water levels of 2.17m and 1.6m bgl, respectively. The shallowest water level of 0.45m bgl is recorded at bore M33/0334 which is an 8.6m deep and 1000mm diameter bore located 760m north east of the site.
3.2.4 Surface Waters
The closest surface water body is the Cust Main Drain, located approximately 320 m away from the composting storage area on the Egan Road Site. There is also a smaller drain located 380m away down- gradient which eventually joins the Cust Main Drain. The Cust River flows into the Cust Main Drain which was excavated to drain swampland around the Fernside/Ohoka Area, resulting in the Cust River being hill- fed in the upper reaches, but in the lower reaches (the Cust Main Drain) it is fed more by groundwater baseflow. The flow for the Cust Main Drain is monitored at Threlkelds Road and flow statistics are outlined in Table 3.1
Table 3.1: Flow statistics for the Cust
Environment Canterbury Technical reports on instream values outlines that the Cust Main Drain has a low to moderately low degree of naturalness with no outstanding natural features and landscapes. The report outlines that the Cust River has high value habitats for brown trout and supports long- and short-finned eels. It is unclear in the report if these habitats relate to the Cust River or the Cust Main Drain. The Cultural Health Assessment and Water Management for the Rakahuri (Waimakariri Zone) was prepared in 2016 as a working draft and outlines that the Cust Main Drain is valued for sustaining taonga species and would like to see access to the Cust Main Drain increased, flows increased and water quality restored.
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3.2.5 Biodiversity and areas of significance
A review of the Canterbury Regional Council GIS database has been undertaken for an area of 1000m around the landparcel of 114 Egan Road. This review has indicated that there are no known areas of significance, i.e. no DoC Areas, Recommended Areas of Protection, Sites of special wildlife significance, wetlands of representative importance, Areas of open water habitat for native and indigenous birds, Land of outstanding regional significance, or land of national significance. In relation to Ngai Tahu values, there are no statutory acknowledgement areas, Rūnanga sensitive areas, silent file areas or areas of known mahinga kai within the area of effects.
4.0 CONSULTATION
No interested parties were contacted with respect to this application as all adverse effects were determined to be no more than minor, negligible, or mitigated.
No consultation was undertaken with the Canterbury Regional Council Parks, Recreation, and Rivers section as the activity is not located within areas covered under the Flood Bylaw 2013 and no authorisation is considered necessary under the Flood Bylaw 2013, nor does the activity relate to s13 of the RMA.
The site of the proposed abstraction is within the rohe of Te Ngai Tuahuriri Rūnanga. The Rūnanga has not been consulted as the effects on Tangata Whenua values are determined to be less than minor (refer section 5.4).
A pre-application meeting was held in 2018 between Ms T Wadworth from the Canterbury Regional Council and Mr & Mrs M & V Winter on behalf of Rangiora Landscape and Garden Supplies. The pre-application reference is RMA183775.
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5.0 ASSESSMENT OF ACTUAL AND POTENTIAL EFFECTS
Section 104 of the Act states that subject to Part II, when considering an application for resource consent and any submissions received, the consent authority shall have regard to any actual and potential effects on the environment of allowing an activity. Reflecting on the Rule 5.92 of the LWRP, the following section contains an Assessment of Environment Effects (AEE) that correspond with the scale and significance of the effects that the proposed activity may have on the environment, as required by the Fourth Schedule to the RMA.
The following potential effects are relevant to the replacement consent sought, and have been assessed further in sections 5.1 to 5.4 below:
➢ Potential adverse effects on groundwater quality and groundwater users ➢ Potential adverse effects on surface water quality ➢ Potential adverse effects on Tangata Whenua values ➢ Consideration of alternatives
5.1 Potential Adverse Effect on Groundwater Quality and Groundwater Users
The composting operation has the potential to discharge leachate containing nitrogen onto land which may enter groundwater. The site is located within a red nutrient allocation zone. However, the Waimakariri Zone Implementation Plan Addendum does not seek to reduce nitrate nitrogen levels for farming activities in this area of the Waimakariri plains, i.e. the nitrate nitrogen levels are not considered to be a key issue for this area of the Waimakariri Plains.
Leachate generated from the composting material, if it contains Nitrogen, Escherichia Coli, or Faecal coliform could impact the suitability of down-gradient water supplies for domestic supply and stockwater purposes if contamination of groundwater occurs. The main health concern for nitrate is methaemoglobinaemia, commonly known as blue baby syndrome. Nitrates have also been cited as a risk factor in developing gastric and intestinal cancer and childhood diabetes, although there is no conclusive evidence to support this. While any detection of Escherichia Coli breaches the drinking-water standards if the groundwater is consumed directly without treatment. It is typical in Canterbury for a private domestic groundwater take to receive no treatment prior to consumption.
Water quality limits for this area are set to the region-wide limits in Schedule 8 of the LWRP; these being a maximum Nitrate Nitrogen concentration of <11.3mg/L and an annual average concentration of <5.65mg/L and for Escherichia Coli requiring 95% of samples with <1 organism/100 millilitres. The Ashley-Waimakariri technical investigation report determined that E. coli bacteria contamination was not generally detected in wells greater than 30m bgl, in areas which received river recharge, or near the coast; but was frequently present in samples from shallow monitoring wells in the inland unconfined aquifers. This report outlines that “Good wellhead protection and adequate separation distances from faecal sources are the best protection against this type of contamination”. The closest downgradient drinking water supply wells from the composting site are:
• M35/11735 which is 17m bgl and located 85m from the edge of the compost site • M35/9288 which is 33.8m bgl and located 134m from the edge of the compost site • M35/6774 which is 20m bgl and located 190m from the edge of the compost site
A sample of the water quality in bore M35/6774 (20m bgl and located 190m from the compost site) was undertaken in June 2018 and recorded a Nitrate Nitrogen level of 4mg/L with both Faecal Coliforms and Escherichia Coli at levels below detection (refer Appendix 5). Within the surrounding area groundwater quality records are scares, with those bores that do have records shown in Table 5.1. These records do not exceed the New Zealand Drinking Water Standards (2008) for Nitrate-nitrogen, Nitrite-Nitrogen, Faecal Coliforms or Escherichia Coli. Indicating that significant contamination of the groundwater has not occurred to date.
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Table 5.1: Groundwater quality records within the surrounding area of the compost site Nitrate Date of E. coli Nitrogen Bore Distance (m) sample (MPN/100ml) (mg/L) 1,086 M35/4852 (downgradient) 16/03/2016 <1 4.5 2,326 M35/11060 (up gradient) 12/05/2010 n/a 4.1 M35/10740 144m on site 20/6/2018 <1 4
At the site the composting is processed and stored at a single location in windrows of approximately 20 metres wide and four metres high. It is considered that the material when managed with the correct carbon to nitrogen ratio in the composting mix should not produce a significant amount of leachate and the level of nitrogen within the material will be reduced as the ratio generates a nitrate limited system (department of Cornell Waste Management Institute (http://compost.css.cornell.edu/waterqual.html). Recent samples of liquid within the area around the composting windrows was sampled in June 2018 support this research as the Nitrate- nitrogen of 0.18mg/L and Nitrite-nitrogen was <0.10mg/L (Appendix 5).
The applicant currently uses a base layer of post peelings with a minimum depth of 0.5m of sawdust under the windrows as a mitigation measure to absorb any liquid containing contaminants should it occur. The applicant has been operating this process on the site since January 2006, with ponding of rainfall only occurring on the odd occasion. The applicant is proposing to continue utilising sawdust as a base to the windrow, along with the use of sawdust as a bunding to be placed around the composting windrow piles and for sawdust to be placed in areas susceptible to ponding or if ponding does occur. For this process to be effective the sawdust needs to be monitored, with the sawdust being replaced once saturated; the saturated sawdust will then be incorporated into the composting material. It is proposed to monitor water seeping from the toe of the composting pile, to represent compost leachate.
It is considered that contamination of groundwater below the composting site and hence the potential effects of other groundwater users (primarily for drinking water) will be minor for the following reasons – • Operating with the correct carbon: nitrogen ration (30:1); and • The low permeability of the subsurcae; and • The use of sawdust to absorb liquid and runoff underneath the compositing windrows; and • The use of sawdust bunding around the composting windrows.
However, a model of the potential increase in nitrate nitrogen has been undertaken and provided in Appendix 6. This modelling shows that the potential increase in nitrate nitrogen of 0.01mg/L while at the closest downgradient drinking water supply a potential increase of 0.03mg/L (Appendix 6).
5.2 Potential Adverse Effect on Surface Water Quality
Discharges onto ground may contaminate surface water as a result of hydraulic connection between groundwater and a nearby surface water body, surface ponding causing overland flow of the discharge to waterways, and direct entry of the discharge into waterways.
Under aerobic conditions (such as in the soil) nitrogen is converted to the stable form of nitrate nitrogen. The potential effects of this contaminant were discussed above. Under anaerobic (oxygen deficient) conditions nitrogen is present as ammoniacal nitrogen and dissolved inorganic nitrogen (DIN). Phosphorus in surface water is measured as dissolved reactive phosphorus (DRP). Ammoniacal nitrogen can be toxic to fish species, while DRP and DIN can affect algal growth at relatively low concentrations in water bodies. Hence, the direct discharge of contaminants into surface waters can result in the rapid degradation of water quality through the removal of oxygen, promotion of weed and plant growth, and entry of pathogens, which may result in the transfer of disease to other stock. It can also adversely affect ecosystems in surface water as it breaks down. Microorganisms (including pathogens), oxygen demand from the breakdown of organic matter, and suspended solids also cause disease and stress for organisms.
The composting activity occurring at 114 Egans Road, is located approximately 285 metres north of the Cust Main Drain, which runs perpendicular with the property and the direction of the groundwater flow beneath the property (Figure 3.2). It is likely that the Cust Main Drain receives some of its flow from groundwater. Additionally, the drain located down-gradient of the property eventually flows into the Cust Main Drain 640m from the compost site. Water quality records for the Cust Main Drain both upstream and downstream of the 114 Egans Road are available and indicate that Nitrate Nitrogen is within the National Bottom Line limit of 6.9 mg/L nitrate-N specified in the National Policy Statement for Freshwater for the Cust Main Drain and the
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Egans Road Drain located 350m downstream of the composting site (Table 5.2). While the nitrate nitrogen levels in the surrounding drains where typically below the 6.9mg/L limit, it is exceeded at times in these drains (Table 5.2). For all sample sites there are high Escherichia Coli readings at some point history (Table 5.2)
Table 5.2: surface water quality records for the Cust Main Drain and surrounding drains that feed into the Cust Main Drain. Distance to Nitrate-N + Nitrite-N Sample Site Collection date E. coli (MPN/100ml) site (mg/L)
23 June 2016 3.8 41
24-May-16 4.1 11 28-Apr-16 3.4 26 29-Apr-08 4.1 200 18-Mar-08 4.8 150 19-Feb-08 3.8 150
Cust River -Bridge 1600m 15-Jan-08 4 490 Road upstream 18-Dec-07 4.7 1100 20-Nov-07 5 170 23-Oct-07 4.8 130 25-Sep-07 3.9 250 21-Aug-07 4.8 70 24-Jul-07 4.2 55 26-Jun-07 4.2 70 28-May-07 4.1 5
23-Jun-16 3.6 403
24-May-16 3.3 345 29-Apr-16 3 108 25-Jun-07 4.1 52 28-May-07 3.8 490 10-Apr-07 3.8 820
Drain into Cust - 350m 28-Mar-07 3.6 730 Egans Rd Drain downstream 12-Feb-07 3.8 270 29-Jan-07 3.9 550 13-Dec-06 3.9 1000 6-Nov-06 5.3 390 17-Oct-06 5.6 440 26-Sep-06 5.7 730 21-Aug-06 5 38 25-Jul-06 4.5 30
23-Jun-16 6.7 435 1300m downstream (represents 24-May-16 6.6 579 Ashworth Rd Drain - catchment outlet culvert Cust 29-Apr-16 6.1 866 from the south Main Drain side of the 25-Jun-07 7.4 730 Cust Main Drain) 28-May-07 7.4 2400 10-Apr-07 8 130 28-Mar-07 7.3 120
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12-Feb-07 6.9 59 29-Jan-07 6.7 230 13-Dec-06 6.4 2000 6-Nov-06 6.5 460 17-Oct-06 6 230 26-Sep-06 6.2 1600 21-Aug-06 5.7 410 25-Jul-06 6.1 59
23-Jun-16 2.9 77
24-May-16 2.6 770 29-Apr-16 2.2 1300 25-Jun-07 3.5 84 28-May-07 3.4 190 10-Apr-07 3.2 460 downstream (represents 28-Mar-07 2.7 770 catchment No. 3 Drain - above 12-Feb-07 2.5 150 from the north Cust Main Drain side from the 29-Jan-07 2.8 440 Cust Main Drain) 13-Dec-06 2.6 >2400 6-Nov-06 4 2400 17-Oct-06 4.4 390 26-Sep-06 5.3 580 21-Aug-06 4.5 39 25-Jul-06 4.5 330 15-May-74 600
Given the proximity to the surrounding surface water bodies there is a risk of contamination from direct or in- direct sources if the composting process is not managed correctly. Contamination of surface water bodies via direct or overland flow from the composting site is to be avoided through implementing the following operating conditions -
(a) There shall be no production or storage of compost within 50 metres of any bore, surface water body or artificial watercourse. (b) There shall be no discharge such that the discharge is likely to run-off and enter any surface water body or any artificial watercourse.
In addition to this, section 5.1 indicates that groundwater will not be contaminated thus it is unlikely surface water will be contaminated via springs or groundwater recharge into the Cust Main Drain. It is anticipated that the adverse effects of the discharge of nutrients, pathogens, and organics on surface water will be minor.
5.3 Potential Adverse Effect on Tangata Whenua Values
Chapter 2 of the Council’s Regional Policy Statement 2013 outlines the issues and concerns of significance to Ngai Tahu, while Chapter 4 outlines provisions for the relationships that Ngai Tahu has with resources in Canterbury. These chapters seek to;
1. Identify who are the relevant organisations representing Tangata Whenua in the Canterbury region, 2. Set out natural resource issues of significance to Ngai Tahu, and provide a culture context for those issues, and 3. Set out the relevant matters recognised in part 12 of the Ngai Tahu Claims settlement Act 1998, including fulfilling the Canterbury Regional Councils obligations to note the existence of statutory acknowledgements of statutory areas. 4. Recognise and provide for the relationship between Ngai Tahu and natural and physical resources.
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The site of the proposed abstraction is within the rohe of Te Ngai Tuahuriri Rūnanga. Therefore, the relevant Iwi management plans are the Ngāi Tahu Freshwater Policy Statement and the Mahaanui Iwi Management Plan. The proposed activity has been assessed against and is not considered to be contrary to the relevant policies.
Ngāi Tahu Freshwater Policy Statement:
Wahi Tapu, Policies 1 and 2: No areas of Wahi Tapu have been identified within the area of effects for this application.
Mauri, Policies 1, 2, 3, and 4: The application does not adversely affect water quality, when operating under the proposed mitigation.
Mahinga kai, Policies 1, 2, 3, and 4: No areas of critical mahinga kai habitats have been identified in the area of affects, and the activity will not adversely affect water quality of water bodies within the area of effects.
Mahaanui Iwi Management Plan 2013:
The parts of relevance in the Mahaanui Iwi Management Plan are those relating to water quality, water management, and the Waimakariri Area. Within the Waimakariri Area the issues of significance, relevant to this proposed activity are focused around water quality. The proposed activity does not include any direct discharge into rivers and is therefore not contrary to WAI11.1 - WAI11.6. Of relevance to the application is policy WM6.8 and WM6.11.
Policy WM6.8 – to continue to oppose the discharge of contaminants to water, and to land where contaminants may enter water.
While there is a potential for contaminates to enter groundwater, mitigation measures are proposed to avoid this occurring.
Policy WM6.11 - Consented discharge to land activities must be subject to appropriate consent conditions to protect ground and surface water, including but not limited to: i. Application rates that avoid over saturation and nutrient loading; ii. Setbacks or buffers from waterways, wetlands and springs; iii. Use of native plant species to absorb and filter contaminants; including riparian and wetland establishment and the use of planted swales; and iv. Monitoring requirements to enable assessment of the effects of the activity.
The application is consistent with all of policy WM6.11 except for point iii, the use of native plant species is not proposed as a more suitable option is proposed.
In summary the Rūnanga was not advised of this application as based on the assessment carried out, it is considered that any potential adverse effects on Tangata Whenua values will be less than minor. The site is not located within a silent file, statutory acknowledgement area or rūnanga sensitive site. Given that the relevant objectives and policies of the RPS, LWRP, IMPs have been considered the requirements of 4.3.2 and 4.3.5 of the RPS have been upheld. However, it is acknowledged that the Runanga will be provided with an opportunity to comment on the application once it has been lodged with Environment Canterbury.
5.4 Consideration of Alternatives
Rangiora Landscape and Garden Supplies, the applicant, has operated at the 114 Egans Road site since January 2006. Apart from continuing to operate under the current procedures, the only other alternative considered was the temporary re-location of the composting to a different footprint at the site to allow for the lowering of the permeability of the ground surface with a compacted hardstand containing fines or for a sealed surface such as concrete. Currently, this option is not considered feasible as there is no other suitable footprint area at the site and compost volume at the site typically builds up as the demand for sales at the point of sales stores decreases over the cooler winter periods. This alternative may be considered in the future and has been incorporated into the proposed conditions.
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6.0 MITIGATION PROPOSED
Based on the information provided in this AEE, the following mitigation is proposed to ensure the effects are less than minor. Duration sought is 35 years.
1. The discharge of contaminants to land that may enter water shall be only from composting and stockpiling of compost associated with the handling and manufacturing of compost at 114 Egans Road, Fernside at or about map reference NZTM2000 1563217mE, 5201486mN, as shown on Plan CRCXXXX (Appendix one). 2. The discharge from the material being stockpiled and composted shall only be from: a. Sawdust and bark; b. Mushroom compost; c. Pig Manure; and d. any material that contains a mixture of (a-c). 3. Treated sawdust or bark shall not be stored or composted on the site 4. The total volume of compost material held on-site prior, during or after manufacture shall not exceed 8,000 cubic metres 5. Compost material shall not be located: a. Within 50 metres from the property boundary; b. Within 50 metres from any surface water body or artificial watercourse; and c. Within 50 metres of an existing bore. 6. a. The composting windrows shall be placed on top of, and be bunded by, 0.5 metres of unsaturated sawdust. b. The sawdust shall be replaced if saturated at the time the windrows are turned c. The saturated sawdust shall be incorporated into the composting windrows.
7. a. The composting process shall not result in the ponding of liquid containing contaminants on the ground surface. b. The composting process shall not result in any discharge such that the discharge is likely to run-off and enter any surface water body or any artificial watercourse. c. Monitoring of the toe of the composting windows shall occur weekly to determine if liquid containing contaminants is present. d. If liquid containing contaminants is occurring on the ground surface is detected when monitoring in accordance with 7(c) then the sawdust bund shall be refreshed. 8. A record of quantities and types of materials received, and the results of monitoring and any remedial actions required in accordance condition 7 shall be maintained at the site and be provided to the Canterbury Regional Council on request. 9. The Canterbury Regional Council may, on any of the last five days of October each year, serve notice of its intention to review the conditions of this consent for the purposes of:
a. Dealing with any adverse effect on the environment which may arise from the exercise of this consent and which it is appropriate to deal with at a later stage; or b. Requiring the adoption of the best practicable option to remove or reduce any adverse effect on the environment.
10. The lapsing date for the purposes of Section 125 of the Resource Management Act 1991 shall be five years from the date consent was granted.
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7.0 OVERALL ASSESSMENT AGAINST PLANS, OBJECTIVES AND POLICIES
7.1 Waimakariri River Regional Plan (WRRP)
Objective 6.1 Enable present and future generations to gain cultural, social, recreational, economic, health and other benefits from the rivers, lakes and wetlands in the Waimakariri River Catchment while providing for: (a) safeguarding their existing value for efficiently providing sources of drinking water for people and their animals; (b) safeguarding the life-supporting capacity of the water, including its associated: aquatic ecosystems, significant habitats of indigenous fauna, and areas of significant indigenous vegetation; (c) safeguarding their existing value for providing mahinga kai for Tangata Whenua; (d) protecting wahi tapu and other wahi taonga of value to Tangata Whenua; (e) preserving the natural character of rivers, lakes and wetlands and protecting them from inappropriate use and development; (f) protecting outstanding natural features and landscapes from inappropriate use and development; (g) maintaining and enhancing amenity values; and (h) protecting the significant habitat of trout and salmon.
Policy 6.1 Set and maintain water quality standards for, and control the discharge of contaminants into, surface water bodies in the Waimakariri River Catchment as outlined in Figure 6 and defined in Map 2 to: (a) (N.A) (b) (N/A) (c) ensure water quality is suitable for drinking water for animals, fisheries, fish spawning, aquatic ecosystems and is not altered in those characteristics that have a direct bearing upon the aesthetic values of water, in the Kaiapoi River, Styx River, Otukaikino Creek downstream of the Groynes picnic area, and their tributaries; Compiles – mitigation measures are propose to avoid the degradation of the water quality in the Cust Main Drain. (d) –N/A
Policy 6.2 Promote land management practices in: (a) the Waimakariri River Catchment which assist in achieving water quality standards – Complies mitigation measures are proposed to monitor water quality standards and if required, provide further remedial measures.
Policy 6.3 Within ten years of this plan becoming operative, except for stormwater, no direct discharge of contaminants into the Waimakariri River or its tributaries should occur unless the discharge is of a standard that ensures the quality of the receiving water is not reduced outside of a reasonable mixing zone. – Complies the activity is not a direct discharge into a waterway.
7.2 Land and Water Plan (LWRP)
The relevant Objectives and Policies from the Land and Water Regional Plan for the application are as follows:
Objective 3.1 – Recognise and enable Ngāi Tahu culture, traditions, customary uses and relationships with land and water. Objective 3.5 – Land uses develop and change in response to socio-economic and community demand Objective 3.6 – Water is recognised as essential to all life and is respected for its intrinsic values Objective 3.8 – Safeguard the life-supporting capacity of ecosystems Objective 3.8A – High quality fresh water is available to meet actual and reasonably foreseeable needs for community drinking water supplies Objective 3.12 – When setting and managing within limits, regard is had to community outcomes for water quality and quantity Objective 3.13 Groundwater resources remain a suitable source of high-quality water which is available for abstraction while supporting base flows or levels in surface water bodies, springs and wetlands and avoiding salt-water intrusion. Objective 3.14 – High quality fresh water is available for community drinking water supplies Objective 3.15 – Valued parts of rivers/lakes are suitable for contact recreation Objective 3.17 – Significant indigenous biodiversity values of rivers, wetlands. Objective 3.23 – Soils are healthy and productive, and human induced erosion and contamination are minimised
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Objective 3.24 – Activities operate at good environmental practice or better to optimise efficient resource use and protect freshwater resources
Policy 4.4 – Groundwater is managed so that ……(e) overall water quality in aquifers does not decline.
Policy 4.8A – When considering any application for a discharge the consent authority must have regard to the following matters: - the extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water including on any ecosystem associated with fresh water and - the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water, and on any ecosystem associated with fresh water, resulting from the discharge would be avoided. When considering any application for a discharge the consent authority must have regard to the following matters: - the extent to which the discharge would avoid contamination that will have an adverse effect on the health of people and communities as affected by their secondary contact with freshwater; and - the extent to which it is feasible and dependable that any more than minor adverse effect on the health of people and communities as affected by their secondary contact with fresh water resulting from the discharge would be avoided.
This policy applies to the following discharges (including a diffuse discharge by any person or animal): a new discharge or a change or increase in any discharge of any contaminant into fresh water, or onto or into land in circumstances that may result in that contaminant (or, as a result of any natural process from the discharge of that contaminant, any other contaminant) entering fresh water.
Paragraph 1 of this policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management 2011 took effect on 1 July 2011.
Paragraph 2 of this policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management 2014 takes effect.
Policy 4.12 – There are no direct discharges to surface water bodies or groundwater of: ….. (d) organic waste or leachate from storage of organic material; and …
Policy 4.13 – For other discharges of contaminants into or onto land where it may enter water or to surface water bodies or groundwater (excluding those passive discharges to which Policy 4.26 applies), the effects of any discharge are minimised by the use of measures that: (a) first, avoids the production of the contaminant; (b) secondly, reuses, recovers or recycles the contaminant; (c) thirdly, reduce minimise the volume or amount of the discharge; or ………..
Policy 4.14 – Any discharge of a contaminant into or onto land where it may enter groundwater (excluding those passive discharges to which Policy 4.26 applies): (a) will not exceed the natural capacity of the soil to treat or remove the contaminant; and (b) will not exceed available water storage capacity of the soil; and (c) where meeting (a) and (b) this is not practicable, the discharge will: i. meet any nutrient limits allowance in Schedule 8 or Sections 6 to 15 of this Plan; and
LWRP schedule 8 – Region- Wide Water Quality Limits
Groundwater Contaminant Measurement Limit Nitrate-N Maximum concentration <11.3 mg/L Nitrate-N Annual average concn <5.65 mg/L E.coli 95% of samples <1 organism/100 millilitres Other contaminants2 any sample <50% MAV3 2 Other contaminants of health significance as listed in NZ Drinking-water Standards. 3 Maximum acceptable value (as listed in 2 above)
ii. utilise the best practicable option to ensure the size of any contaminant plume is as small as is reasonably practicable; and
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iii. ensure there is sufficient distance between the point of discharge, any other discharge and drinking-water supplies to allow for the natural decay or attenuation of pathogenic micro- organisms in the contaminant plume; and iv. not result in the accumulation of pathogens, or a persistent or toxic contaminant that would render the land unsuitable for agriculture, commercial, domestic, cultural or recreational use or water unsuitable as a source of potable water or for agriculture; and v. not raise groundwater levels so that land drainage is impeded
Policy 4.23 – Any water source used for drinking-water supply is protected from any discharge of contaminants that may have any actual or potential adverse effect on the quality of the drinking-water supply including its taste, clarity and smell and group and community drinking water supplies are protected so that they align with the CWMS drinking-water targets and meet the drinking-water standards for New Zealand. There are no CWMS drinking water supplies within the area of the Egans Road Site.
Policy 4.81 - Discharge does not adversely affect the significant values of wetlands, hapua, coastal lakes and lagoons – N/a none within the area.
7.3 National Policy Standards and National Environmental Standards
The national policy standards and national environmental standards which are not considered to be applicable to this application include Measurement of Water Takes and Ecological Flows and Water Levels. Those standards which are applicable are discussed in the following sections.
7.3.1 Freshwater
This 2011 NPS was amended and came into effect in 2014. The NPS must be fully implemented as soon as reasonably practicable, or no later than 31 December 2030. It sets out objectives and policies for the management of water and directs councils to adopt quality and quantity limits in plans.
The freshwater NPS inserts two transitional policies directly into regional plans which require councils to consider specific criteria when making decisions on a resource consent application. The intent is that any more than minor potential adverse effects of activities, in relation to water takes, use, damming and diverting, as well as discharges, are thoroughly considered and actively managed (to the extent that an NPS can achieve that) pending the inclusion of limits in plans. These policies apply to activities that require a resource consent until such time as changes to regional plans to give effect to the NPS are made. Amendments to include the policies should be made promptly. In accordance with the RMA, amendments to existing regional plans are to be made by local authorities without using the process in Schedule 1 of the Act and as soon as practicable.
7.3.2 Biodiversity
This proposed NPS is intended to provide clearer direction to local authorities on their responsibilities for managing indigenous biodiversity under the RMA. It outlines policies and decision-making frameworks for the identification and management of indigenous biodiversity found outside the public conservation estate. It seeks to promote the maintenance of indigenous biodiversity while recognising the rights and responsibilities of landowners and the interests of Māori.
The proposed NPS contains a list of criteria for identifying areas of indigenous vegetation and habitats of indigenous animals that have been recognised as being rare and/or threatened at a national level. District and regional plans must identify these areas of significant biodiversity within five years of the NPS taking effect. Councils would be required to manage the effects of activities to ensure there is no net loss of significant indigenous biodiversity.
7.3.3 Sources of Human Drinking Water Standard
This NES came into effect on 20 June 2008. It requires regional councils to ensure that effects on drinking water sources are considered in decisions on resource consents and regional plans. Specifically, councils are required to:
• Regulation 7 - A Regional Council must not grant a water permit or discharge permit for an activity upstream of abstraction point where drinking water meets health quality criteria if the activity is likely to introduce or increase determinands in the drinking water so that it no longer meets the health quality criteria or aesthetic guideline values. Complies – the drinking water will not exceed the National Health Standards as a result of this application as outlined in section 5.1.
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• Regulation 8 – A Regional Council must not grant a water permit or discharge permit for an activity upstream of abstraction point where drinking water has not been tested or already does not meet health quality criteria if the activity is likely to introduce or increase determinands in the drinking water by more than a minor amount or so that it no longer meets the health quality criteria or aesthetic guideline values. The downstream drinking water has been tested and the granting of this consent will not result in these standards no longer being meet, refer to section 5.1.
• Regulation 12 – Requires conditions on resource consent if activity may significantly adversely affect registered drinking- water supply. The activity is not located nearby any registered drinking water supplies.
7.4 Regional Policy Statement
The Canterbury Regional Policy Statement (2013) has Objectives and Policies for the management of fresh water which may be summarised as follows: • Objective 7.2.1 – (Sustainable management of fresh water) – ensure water resources are sustainably managed, while safeguarding the life-supporting capacity of ecosystems and the mauri of fresh water; the natural character of surface water bodies. • Policy 7.3.6 (Fresh water quality) – establish minimum water quality standards, manage activities which may affect water quality singularly and cumulatively to maintain water quality, and where water quality is below the minimum standard to avoid any additional discharge of contaminants. • Policy 7.3.7 (Water quality and land uses) - to avoid remedy or mitigate adverse effects of changes in land uses on the quality of freshwater. • Policy 15.3.1 (land use) – to avoid remedy or mitigate soil degradation. • Objective 19.2.1 (waste) – minimise the generation of waste. • Policy 19.3.1 (waste) – waste management hierarchy.
The regional plans are developed under this planning framework and implement policies and rules to deliver on these higher level requirements. As such, the application will meet these requirements due to it being in accordance with the specific rules.
8.0 RESOURCE MANAGEMENT ACT PART 2
Purpose of the Act – Section 5
The purpose of the Act is to “promote the sustainable management of natural and physical resources”. Based on the information available, it is considered that the proposed activity is consistent with the purpose of the Act.
Matters of National Importance – Section 6
Section 6 outlines matters of national importance that are to be recognised and provided for in achieving the purpose of the Act. These matters include, but are not restricted to, the preservation of the natural character of rivers and their margins, and the protection of inappropriate subdivision, use and development. The relationship of Maori, their culture and traditions to the environment must also be recognised and provided for. It is considered that the activity can be carried out in a manner that will not adversely affect any matter set out in Section 6.
Other Matters – Section 7
Section 7 of the Act sets out those matters that have particular regard attributed to them in achieving the purpose of the Act. Those matters are as follows:
(a) Kaitiakitanga; (b) The efficient use and development of natural and physical resources; (c) The maintenance and enhancement of amenity values; (d) Intrinsic values of ecosystems; (e) Recognition and protection of heritage values of sites, buildings places, or areas; (f) Maintenance and enhancement of the quality of the environment; (g) Any finite characteristics of natural and physical resources; (h) The protection of the habitat of trout and salmon.
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With the mitigation measures proposed, it is considered that this activity will not compromise any of the matters included in Section 7.
The Principles of the Treaty of Waitangi
The Act states in s8. that:
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
The Court of Appeal has identified four principles, which form the basis of developing a relationship of partnership and communication. These are the Essential Bargain, Tribal Self-Regulation, The Treaty Relationship, and Active Protection. The third principle, the Treaty Relationship, accords Maori with special status as a Treaty Partner, distinct and separate from status as an ‘affected party’. The Runanga was not contacted regarding this application as they were not considered to be a potentially adversely affected party. A specific assessment against Tangata Whenua values has been carried out, and it is considered that the activity will not compromise any matters in Section 8.
9.0 SUMMARY AND RECOMMENDATIONS
Having considered all relevant matters under s104 (A-D) including the policies and objectives of the NPS, RPS, WRRP, and LWRP, it is considered that the application can be granted on a non-notified basis because the effects on the environment are no more than minor, with no persons adversely affected as per s95E(3)(a) of the RMA. The proposal is considered to be broadly consistent with the relevant Objectives and Policies of the NPS, RPS, WRRP, LWRP, and Part 2 of the RMA. Accordingly, this application can be granted as sought.
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Map
APPENDIX 1 APPENDIX
Location Location
Appendix 1 - Location Map
Information has been derived from various organisations, including Environment Canterbury and the Canterbury Maps partners. Boundary information is derived under licence from LINZ Digital Cadastral Database (Crown Copyright Reserved). Environment 0 0.06 0.12 0.18 0.24 Canterbury and the Canterbury Maps partners do not give and expressly disclaim any warranty as to the accuracy or completeness Kilometres of the information or its fitness for any purpose.
Information from this map may not be used for the purposes of any legal disputes. The user should independently verify the Scale: 1:3,000 @A3 accuracy of any information before taking any action in reliance upon it. ´ Map Created by Environment Canterbury on 15/04/2019 at 9:22:42 a.m.
Environment Canterbury
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APPENDIX APPENDIX
Relevant Consent Consent Relevant
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APPENDIX APPENDIX Site Photographs Photographs Site
Photo One: Egan Road Site
Photo Two: showing surface ponding in the wheel ruts at the base on a compost stack
Photo Three: close up of compost
Photo four: Swale area which naturally ponds with rainwater on the site
Photo Five: Soil of the swale shown in Photo four.
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APPENDIX APPENDIX
Bore Logs Logs Bore
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Form
APPENDIX APPENDIX CON499 RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT Updated January 2019 PAGE 1 OF 11
CON499: APPLICATION FOR A RESOURCE CONSENT UNDER THE RESOURCE MANAGEMENT ACT 1991
If you need help in filling out this form please contact our Customer Services staff on (03) 353 9007 or toll free on (0800 324 636. They will be able to provide some general assistance.
Email the completed application to: [email protected] Or send to Environment Canterbury, PO Box 345, Christchurch 8140
Information
Section 88 of the Resource Management Act 1991 specifies the requirements for applications for resource consents and requires that each application includes a description of the activity, a planning assessment, and an assessment of the actual and potential effects of the activity on the environment, amongst other things. We recommend you read Section 88 and Schedule 4 of the RMA prior to completing this form.
Completing all the questions in this application form in full:
• May satisfy the requirements of the Resource Management Act 1991 for an application for resource consent. Environment Canterbury will inform you if further information is required. • Will assist with the prompt processing of your application. Any omissions in this form may result in your application being returned (under Section 88(3) of the RMA) and may result in additional costs while the required information is obtained.
Charges Your application must be accompanied with the deposit charge specified in the “Summary of Resource Consent Charges” or at https://ecan.govt.nz/do-it-online/resource-consents/first-steps-and-costs/.
The deposit may not cover all charges related to the auditing of the application. The applicant may be invoiced for additional charges. If an application is declined, all charges must still be paid.
All accounts are payable by the 20th day of the month following the date of invoice. If the account is not paid within 30 days after the due date, our debt collection agent may charge you a fee equal to 25% of the unpaid portion of the account, but no less than $25.00. Where the total debt collection costs, legal and other costs arising from the collection of any amount owing exceeds the debt collection fee charged, our debt collection agent is also entitled to recover such additional costs. All Environment Canterbury charges must be met by the applicant. This may include time spent discussing issues with the applicant and any other parties involved in the process.
Name of person/company/organisation that is paying the deposit
Method of payment: cheque/internet banking/paid in person at Environment Canterbury office
Date payment is made
Payment reference e.g. applicant name
When you have completed this form To submit your application and the relevant fixed charge or deposit, you need to either email it to [email protected], or send it to: Environment Canterbury, PO Box 345, Christchurch 8140.
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 2 OF 11
1 APPLICATION DETAILS
Please complete all questions and sign and date the form.
1.1 Applicant(s) details
First names Mr Surname: (in full): First names Mr Surname: (in full): Rangiora Landscape and Garden OR Registered Company name and number: Supplies Limited co#1263961
CO M & V Winter 643 Lineside Road Postal address: Postcode: Rangiora Billing address Postcode: (if different): Phone (home): Phone (work): 03-3137337 Cell phone: 0273137338 Email address: [email protected]
Contact person: Mike Winter
Are you an Environment Canterbury staff member, an Environment Canterbury Commissioner, or a family member of either? Yes No
I prefer to receive invoices by:
Postal address above Email Above Other address or email (please specify) ______
1.2 Consultant/Agents details (if applicable)
Contact Bowden Enviornmental Erin Harvie Company: person: Postal address: PO BOX 404 Kaiapoi Postcode: 7644 Phone (work): 033755015 Cell phone: 0274347438 Email address: [email protected]
1.2.1 During the processing of your application who will be the contact person for Applicant Consultant / Agent making decisions?
Note: All correspondence during the consent application process will be directed to this contact person, unless instructed otherwise. Final decision documents will be sent to the applicant.
1.2.2 Who will be the contact person for compliance monitoring matters? Applicant Consultant / Agent
1.3 Names and addresses of the owner and occupier of the site to which this application relates
(You only need to include this information if it is different to that of the applicant(s). If you do not own the land to which this application relates to, you will need to provide written approval from the land owner or they may be considered an affected party.)
Owner: Phone: Postal address: Postcode: Occupier: Phone: Postal address: Postcode:
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 3 OF 11
1.4 Location of the proposed activity
Site address: 114 Egans Road Locality Map reference Waimakariri NZTM2000 1563217mE, 5201486mN (City/District): NZTM: Area of property Legal 8 Lot 2 DP 55537 (ha): description:
Note: The legal description can be found on the certificate of title, valuation notice, subdivision plan or rate demand for the site. Please include a copy of one of these with your application.
1.5 Consents from local authorities
1.5.1 Under which territorial authority is the land situated:
Ashburton DC Kaikōura DC Timaru DC Waitaki DC Christchurch CC Mackenzie DC Waimakariri DC Hurunui DC Selwyn DC Waimate DC
1.5.2 Do you require consent from the local authority for this proposal? Yes No
Note: You may need to consult with the relevant local authority to determine this.
1.5.3 If yes, please list:
1.5.4 If a consent is required from the District or City Council, have you applied for it? Yes No
1.5.5 If yes, what is the consent number and status?
1.5.6 Please list any permitted activities under the District or City Plan that are part of the proposal to which the application relates.
1.6 Current or previous consents
1.6.1 Do you hold or have you held any previous consents at this site for this activity or any related activities? Yes No
1.6.2 List any other consents required from the Canterbury Regional Council and indicate whether they have been applied for:
1.6.3 Is this application for a: New activity Existing Activity Change of conditions for an existing consent 1.6.4 If it is a change of conditions to an existing consent, please supply the consent reference number(s) or consent holder’s name (if different from current applicant’s name) and which conditions you wish to change:
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 4 OF 11
2 PRE-APPLICATION ADVICE
2.1 Have you received any advice from Environment Canterbury Yes No prior to lodging this application? 2.2 If yes, please list the pre-application number if known: unknown - Meeting with Tegan E.g. RMA165897. This number should be provided to you by the Wadworth, Mike & Viki Winter Consents Planner or Customer Services.
2.3 Please list any pre-application meetings or advice (verbal and/or written) you have had with Environment Canterbury below:
Type of advice Brief details, including who provided the advice and the date Meeting(s) Verbal advice Written advice Other (e.g. submitted
draft application / AEE)
3 DESCRIPTION OF THE PROPOSAL
Please describe fully the proposal for which consent(s) are being sought. Include details of activities associated with the proposal to which this application relates. Attach additional information as necessary – for example plans, diagrams etc. that will help to describe the activity.
refer to AEE
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 5 OF 11
4 LEGAL AND PLANNING MATTERS
4.1 What type(s) of resource consent(s) are you applying for?
Coastal Permit (s12 of the RMA 1991)
Reclaim or drain Place, alter or remove Disturb foreshore Deposit substance foreshore or seabed structure or seabed Planting foreshore Occupy coastal Remove natural material Use water or seabed marine area (eg sand) Discharge contaminant Take surface water Dam water Divert water to air Discharge contaminant Discharge contaminant Other or water to water to land
Land Use Consent
s9 of the RMA 1991 s13 of the RMA 1991 Contaminant storage High country burning Earthworks Vegetation clearance Use, place, alter or Activity in coastal Fencing/grazing in Planting in waterway remove structure in hazards zone waterway waterway Disturb bed of waterway Deposit substance Reclaim or drain Place a structure within (incl. excavation of in waterway waterway 8 metres of a waterway gravel) Excavation of land Other
Water Permit (s14 of the RMA)
Take groundwater Take surface water Dam water Divert water Use water
Discharge Permit (s15 of the RMA)
Discharge contaminant Discharge contaminant Discharge contaminant
to air or water to water to land
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 6 OF 11
4.2 Please classify the proposal against the relevant rule(s) in the relevant regional plan
4.2.1 Which regional plan does this activity fall under? WRRP, LWRP 4.2.2 Please list the relevant rule(s) of this plan: 5.92 4.2.3 What is the status of this activity? Permitted Controlled Restricted discretionary Discretionary Non-complying
4.3 Please provide a full assessment of the proposal against the above rule(s), including an assessment against each condition of the rule(s)
Refer AEE
4.4 If you consider part of the proposal is a permitted activity, please provide a full assessment against the conditions of that rule (how do you comply with each condition?).
Refer AEE
4.5 Please provide an assessment of the proposal against any relevant objectives, policies or other provisions of any National Policy Statements, Coastal Policy Statements, National Environmental Standards, the Canterbury Regional Policy Statement, Iwi Management Plan, and any other relevant plan or proposed plan.
Refer AEE
4.6 The purpose of the Resource Management Act (1991) is to promote the sustainable management of natural and physical resources. Does your proposal meet the requirements of Part 2, Section 5 (view here)? Yes No
PRINCIPLES
4.7 Matters of National Importance (section 6 - view here)) Do you consider your proposed activity takes into account the Matters of National Importance? Yes No
4.8 Other Matters (section 7 – view here) Do you consider your proposed activity takes into account Other Matters? Yes No
4.9 Treaty of Waitangi (section 8 – view here) Do you consider your proposed activity take into account the principles of the Treaty of Waitangi? Yes No
4.10 Please provide an assessment of the proposal against any relevant objectives, policies or other provisions of any National Policy Statements, Coastal Policy Statements, National Environmental Standards, the Canterbury Regional Policy Statement, Iwi Management Plan, and any other relevant plan or proposed plan.
Refer AEE
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 7 OF 11
5 CONSULTATION AND WRITTEN APPROVAL OF AFFECTED PERSONS
Consultation with all persons potentially affected by your activity prior to lodging your application may result in considerable time and cost savings.
Ngāi Tahu in Canterbury Te Rūnanga o Ngāi Tahu is the statutory authority representing iwi members and includes ten local rūnanga within Canterbury, known as Papatipu Rūnanga. ‘Papatipu’ refers to ancestral land. Local rūnanga have the status of mana whenua with kaitiaki status (guardianship) over land and water within their takiwā (territory). Depending on where the activity is to occur within Canterbury, the values of one or more Papatipu Rūnanga may be affected. Iwi interests as a whole may also be affected where an activity is to occur within, adjacent to, or affecting an area recognised in the Ngāi Tahu Claims Settlement Act 1998 as a Statutory Acknowledgement area. In those circumstances, Te Rūnanga o Ngāi Tahu will be involved in management of the area.
For more detail on Ngāi Tahu and assistance with answering the question below, please refer to the booklet titled Ngai Tahu in the Resource Consent Process which is also available from our Customer Services Section and on our webpage https://www.ecan.govt.nz/do-it-online/resource-consents/understanding-consents/consultation/ngai- tahu-and-the-consent-process/. Have you consulted with the Papatipu Rūnanga and/or Te Rūnanga o Ngāi Tahu? Yes No If ‘Yes’, please state who you have consulted with and attach any evidence of your consultation, including any written approvals for this application: Note: Ngāi Tahu as an iwi, and specifically Papatipu Rūnanga representing mana whenua, are considered an affected party where effects on cultural values are minor or more than minor, in accordance with Section 95E of the RMA. Environment Canterbury MUST notify an application if the adverse effects of your proposed activity on cultural values are determined to be minor or more than minor unless you have obtained the written approval of Papatipu Rūnanga and/or Ngai Tahu for your proposal. Consultation before lodging your application is one of the best ways of identifying adverse effects.
Non-notified applications
Non-notified consents are for activities which have minor adverse effects on the environment. For your activity to be considered on a non-notified basis you must determine whether there are any persons potentially affected by your proposed activity and if there are, you must consult them and obtain their written approval (e.g., Iwi, Fish and Game Council, Department of Conservation, Owners of nearby structures/infrastructure (e.g. NZTA), Other consent holders, Neighbouring land owners and occupiers,. If you are unsure who may be an affected party, please call us. Non- notified consents are significantly cheaper and quicker to process.
Limited notified and fully notified applications
Notified consents (either limited notified or fully notified consents) are for activities which do not meet requirements in the RMA for processing on a non-notified basis.
If your assessment of effects has shown that adverse effects on the environment are likely to be more than minor and/or there are people who may be adversely affected from whom you are unable to obtain written approval, you may wish to request that your application be publicly notified. This will avoid possible delays in the processing of your application.
The final decision to notify or not notify an application will still be made by Environment Canterbury.
Please note that an application cannot be notified unless there is sufficient information for the notice that makes it clear what is being applied for, and how it might affect the environment (including people).
I request that my application is notified. (check box)
Please provide any consultation details and written approvals obtained in the space provided below.
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 8 OF 11
5.1 Consultation details Yes No 5.1.1 Have you consulted with iwi? 5.1.2 If yes, who did you consult? 5.1.3 Who else have you consulted? 5.1.4 What was their response? 5.1.5 How have you addressed any concerns they may have had?
5.2 Written approval of affected parties
I If you have obtained the signature of affected persons please give their details below. Please note that for us to accept the approvals they must each complete and sign form CON510. Please attach the completed forms to this application.
Name Address Contact details (phone, email etc)
6 ASSESSMENT OF ACTUAL & POTENTIAL EFFECTS OF THE PROPOSAL ON THE ENVIRONMENT
You must include an assessment of the effects of your proposal on the environment in this part of your application.
Section 88 of the Resource Management Act 1991 requires that each application includes an assessment of the actual and potential effects of the activity on the environment. This assessment must be prepared in accordance with the Fourth Schedule of the Resource Management Act. A copy of this schedule is available online or from Customer Services.
The assessment of effects will differ for each application depending on the type and scale of the activity. Consultation is one of the best ways of identifying adverse effects. Please contact Customer Services with any questions on [email protected] or via phone on (03) 353 9007 or 0800 324 636 (0800 EC INFO).
For further assistance in preparing this assessment, you may find the Ministry for the Environment Publication “A guide to preparing a basic assessment of environmental effects” useful.
Refer AEE
7 OTHER INFORMATION REQUIRED BY REGIONAL PLANS OR REGULATIONS
Regional plans or regulations may specify other information that must be provided as part of your application. Please provide this information here.
Refer AEE
8 OTHER INFORMATION
8.1 Duration requested
8.1.1 Please specify the duration sought for your consent(s): 35 years months. Note: The maximum duration allowed under the Act is 35 years.
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 9 OF 11
8.2 Start date
Note: Resource consents lapse five years after their commencement date unless the consent has been given effect to or an application is made to Environment Canterbury to extend this period prior to the lapse date.
23/1/2006 (date/month/year) 8.2.1 When do you propose to start the activity?
8.3 Additional notes to applicants
• Your application must be publicly notified unless Environment Canterbury is satisfied that the adverse effects on the environment will be minor and written approval has been obtained from every person Environment Canterbury considers may be adversely affected by the granting of your application (unless Environment Canterbury considers it unreasonable to require the obtaining of every such approval). • Section 128 of the Resource Management Act 1991 sets out the circumstances in which Environment Canterbury may review the conditions of a resource consent. Under Section 128(c) Environment Canterbury may undertake a review at any time if the application contained any inaccuracies which materially influenced the decision made. • The information you provide with your application, which includes all associated reports and attachments, is official information. It will be used to process your application and, together with other official information, assist in the management of the region’s natural and physical resources. Access to information held by Environment Canterbury is administered in accordance with the Local Government Official Information and Meetings Act 1987, and Privacy Act 1993. Your information may be disclosed in accordance with the terms of these Acts. Public access is also provided to consent information via Environment Canterbury’s website. Environment Canterbury may withhold access to information in certain circumstances. It is therefore important you advise Environment Canterbury about any concern you may have about disclosure of any of the information, which includes all associated reports and attachments, you have provided in this application (e.g. protection of personal information, trade secrets, commercially sensitive material, information which, if released, may cause serious offence to tikanga Maori, or any other information you consider should not be disclosed. While Environment Canterbury may still have to disclose information under the above legislation, it can take into account any concern you wish to raise.
Please describe any concerns here:
8.4 Errors and omissions
When you receive your Resource Consent Documents please check that the details are correct. You have a 15 working day period after the decision is notified to allow you to object or advise of errors or omissions without cost.
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 10 OF 11
9 APPLICANT SIGNATURE AND DATE
I/we have read all of the information on this application form and I understand all of the notes and that I am liable to pay all actual and reasonable charges relating to the processing of this application. I/we also understand that if the application is granted, I will be liable to pay all actual and reasonable charges related to compliance monitoring of the consent.
I/we also agree to advise Environment Canterbury if any of my/our contact details change.
Signature of applicant Date Full name of person signing – please print
or Duly Authorised Person
Signature of applicant Date Full name of person signing – please print
or Duly Authorised Person
Note: Environment Canterbury must have written authorisation to process your consent application. Both the consultant (if used) and the applicant must sign this section. ▪ Where there are multiple people applying for consent, all persons must sign this form. ▪ If a company is the applicant, at least one director must sign this form. ▪ Anyone else who is applying for consent on behalf of another person, group of people or a company (e.g. a manager applying on behalf of a company) can sign this form and submit the application. However, written authorisation from the persons or company on behalf of which the consent is being applied for must be supplied with this application.
10 CONSULTANT SIGNATURE AND DATE
Signature of consultant Date Full name of person signing – please print
CHECKLIST Please ensure you:
Complete all parts of this application form.
Include an assessment of effects of the activity on the environment, set out in Section 6 of this application form.
Include a site plan.
Include a copy of the certificate of title, rates demand, subdivision plan or valuation notice for the site your application relates to.
Sign and date this application form (both applicant and consultant if one is used).
Include the appropriate charge as set out in the “Summary of Resource Consent charges”.
Consider consulting local Rūnanga, if your proposed activity occurs:
(a) Within a statutory acknowledgement area (b) Within a silent file area (c) Close to a site of cultural significance, or (d) Otherwise affects a site of cultural significance.
RESOURCE CONSENT
APPLICATION CON499 GENERAL RESOURCE CONSENT PAGE 11 OF 11
11 LOCATION PLAN
Please complete this plan showing the site with the location of the proposed activity and indicate any relevant identifying features such as buildings, roads, rivers, etc. or other relevant details, or alternatively, attach a plan or map to this consent application. http://canterburymaps.govt.nz/ is a good tool to utilise when applying for a resource consent.
N