Tharbogang Quarry and Landfill Expansion Response to Submissions – February 2010 GRIFFITH CITY COUNCIL URBAN DESIGN AND DEVELOPMENT UNIT 1 Benerembah Street GRIFFITH, NSW 2680 Phone: (02) 6962 8100 Email: [email protected] Date of Printing: Thursday, 18 February 2010 1 Tharbogang Quarry and Landfill – Response to Submissions Table of Contents 1. Introduction ....................................................................... 1 2. Summary of Submissions Received .............................. 1 3. Proposed Changes to the Project .................................. 6 4. Responses to Issues Raised in Submissions .............. 9 Table of Figures Figure 1. Proposed Project Layout 8 Table of Tables Table 1. Summary of Submissions ............................. 1 Table 2. Response to Issues Raised in Submissions.. 10 Table 3. Department of Planning – Further Assessment Issues 23 Appendices APPENDIX A - Letter of Response following Community Forum on 30 September 2009 APPENDIX B - Impact on Residential and Rural Residential Development APPENDIX C Revised Vegetation Offsets APPENDIX D - Supplementary Heritage Assessment APPENDIX E - Revised Statement of Commitments .. APPENDIX F - Revised Noise Study APPENDIX G - Supplementary Information on Visual Amenity APPENDIX H - Supplementary Information on Groundwater Impacts APPENDIX I - Recycling and Waste Data i Tharbogang Quarry and Landfill – Response to Submissions 1. Introduction Griffith City Council has been working towards selecting and gaining approval for: an on-going solid waste disposal site (landfill) to serve the community, and for a suitable quarry for the supply of construction rock and gravel for the development industry and Council’s needs. After examining various potential sites around the area, Tharbogang was selected as the preferred site for a variety of reasons including lower environmental impact; volume of resource available; and lowest cost to the community. In terms of Part 3A of the Environmental Planning and Assessment Act 1979, a comprehensive environmental assessment was completed for the proposal and placed on exhibition by the Department of Planning on 10 September 2009. The exhibition period closed on 9 October 2009 with some 15 submissions being received by that time. Council arranged and held a community forum during the exhibition period and invited neighbours and the wider community to attend and express their concerns. Where possible, Council has responded to those concerns and that response is included in this submission as Appendix A. Summary details of the submissions received both during and following the exhibition period is set out below in Section 2. Clarification of the project description is provided in Section 3, while details of the issues raised and Council’s response is set out in Section 4 below. 2. Summary of Submissions Received Table 1 below sets out summary details of submissions received and referred to Council for comment. Table 1. Summary of Submissions Submission Name Summary Details No. 1. KG & P Williams Not previously contacted. Objects to use of land for offset purposes. Irrigation channel crosses land Narrow laneway not suitable for vegetation offset Would exacerbate noxious weeds infestation 2. Heritage Branch – Require full historic heritage assessment Department of 1 Tharbogang Quarry and Landfill – Response to Submissions Submission Name Summary Details No. Planning 3. ML & MF Brown Requests an extension of time (1st submission) Offset land is their private land. Not interested in allowing it to be used for offset for the quarry and landfill 4. Department of Able to support the project for Stage 1 – pits Employment, 101 and 103. Climate Change and Water Require various amendments to the Statement of Commitments Require comprehensive Aboriginal heritage assessment to be completed Providing draft conditions of consent 5. NSW Office of Can support the proposal subject to inclusion of Water 3 recommended conditions of approval No consideration given to groundwater impacts to the west of the project site. Recommend a condition requiring monitoring bores to the west of the site If groundwater is encountered, a licence will be required under the Water Act 1912 On-going monitoring as outlined in the Statement of Commitments is critical to ongoing groundwater management. Proponent must prepare a Groundwater and Surface Water Management Plan in consultation with and to the satisfaction of the NSW Office of Water. 6. Mr GD & Mrs Na; Their land is identified as offset but is privately Mr RA & Mrs WM owned land. Amaro No consultation regarding use of their land for offsets Will land be purchased compulsorily Rezoning of their land to Environmental Protection would be deleterious to the value of their land Looking to lodge an application to quarry on part of their land 2 Tharbogang Quarry and Landfill – Response to Submissions Submission Name Summary Details No. There are rural buildings in the land at present and they hope to build a residence within the proposed offset zone Plan to use any offset value for their own carbon credits Contamination of surface and groundwater not adequately addressed for drinking water and for cereals, fruit and vegetables Gravel can be purchased from the private sector – no need for this quarry Landfill can be located in a number of areas and does not need to be here Previous waste tip has not been rehabilitated. Council’s record not good? 7. John and Glenys Land identified for offset is privately owned land Tarr and is already vegetated. Not suitable for extra trees Want to use for own carbon credits Council should talk to willing sellers – his land is available and would be a good location for offsets Proposal does not discuss the possibility of using landfill gas for green electricity as is common practice in other new landfill sites. 8. Mr L Mancini A submission of some 47 pages covering a wide variety of issues. Volumes and time frame for quarries DG’s requirements not satisfied Need for the project Alternatives Public consultation Response to issues raised at forum in May 2008 Assessment of potential impacts biased Issues that GCC should address in response to 3 Tharbogang Quarry and Landfill – Response to Submissions Submission Name Summary Details No. his submission 9. Community Forum Impact of ‘buffer zone’ around development – 30 September 2009 Inadequate notice of meeting given Offset strategy not discussed with land owners Possibility of compulsory acquisition or rezoning Request extension of period for lodging submissions Impact of recycling on expected life of landfill Quarry ‘rights’ and royalty payments Traffic impact statement only for 25 years 10. Peter and Kelly Offset strategy does not maintain or improve Tyson biodiversity outcomes Offering sound advice and suggestions about the Offset Strategy, its determination and management over time. Concerned that their land was inspected without consent 11. NSW Industry and No concerns. The proposal would significantly Investment extend the life of a regionally significant and strategically located source of construction material. Any approval should include a condition ‘The operator is required to provide annual production data to Industry & Investment NSW – Mineral Resources as requested.’ 12. RTA Raises no objection to the development provided some 5 suggested conditions of approval are included. These suggested conditions cover Preparation of a transport management plan Upgrading of the Auxiliary Right turn treatment at the intersection with Kidman Way The developer to be responsible for any 4 Tharbogang Quarry and Landfill – Response to Submissions Submission Name Summary Details No. service adjustments necessary The operator to maintain a log book of extraction quantities and traffic movements There being no cost to the RTA for works associated with the development 13. Mr F Scarfone Requests consent not be granted till the issue of dust impacts on citrus trees – pollination and general health – is addressed 14. ML & MF Brown Responding to minutes of Community Forum. (2nd submission) Did not receive an invite to meeting held in May 2008 Time for response not sufficient Council failed to consult land owners in the offset areas Suggesting Council tried to avoid response from affected landowners to allow the project to go ‘smoothly’ Asking what Council’s advice to the Minister would be to rezoning of (offset) lands Suggesting there is land for sale close to the quarry that would be suitable for offset. Council should consider this land first 15. Land and Property Who will manage the offset land after the Management development is completed? Authority Is it proposed to acquire the land as Crown Land? This would allow security in perpetuity by way of appropriate reservation Some of the offset land is identified as Crown Land. LPMA does not support the use of Crown Land for development by external parties The authority is unable to commit Crown Land for offset for commercial development A monitoring program should be prepared to ensure no environmental effects on Tharbogang Swamp GCC to be responsible for any remediation required on surrounding Crown Land as a result 5 Tharbogang Quarry and Landfill – Response to Submissions Submission Name Summary Details No. of the development EA suggests only shallow rooted plants allowed on rehabilitated landfill. How long will this be required? When will full rehabilitation with natural tree canopy be possible?