BEFORE THE ENVIRONMENT COURT

IN THE MATTER

AND

BETWEEN

AND

Decision [2017] NZEnvC

of the Resource Management Act 1991 (the Act)

of an application for enforcement orders under s 316 of the Act

BAY OF PLENTY REGIONAL COUNCIL

(ENV-2017 -AKL-0001S9)

Applicant

AMANDEEP SINGH

Respondent

Environment Judge C J Thompson sitting alone under s 309 of the Act

Date of Decision:

C' Date of Issue: J fl "

DETERMINATION OF THE ENVIRONMENT COURT

A: The Court makes the enforcement orders set out in this determination.

B: The judicial telephone conference scheduled for the week of 11 December 2017

is vacated.

C: There is no order for costs.

2

REASONS

Introduction

[1] On 20 October 2017 the Council applied for an enforcement orders against Mr Singh.

The application sought that he be required to control all onsite erosion and sedimentation

and ensure that all stormwater from the disturb~d land is effectively controlled and treated

prior to discharge in accordance with conditions 8.1 and 8.2 of resource consent 68467

at the property located at 642L Kennedy Road, Pyes Pa, Tauranga.

[2] A judicial telephone conference to discuss the matter was convened on 8 November

2017. Following the conference the Court made directions for the filing of documents

and for a further judicial telephone conference to be scheduled in the week of 11

December 2017.

[3] The parties have since agreed that the proposed enforcement orders can be made

by consent, with no issue as to costs.

[4] Accordingly, the parties have requested that:

(a) The orders set out below be made pursuant to sections 279(1)(b), 314(1)(a)(i),

314(1)(b), 314(5) and 319(1)(a) of the Act.

(b) The judicial telephone conference scheduled for the week of 11 December 2017

be vacated.

[5] In the circumstances of this case I am prepared to make the order sought by the

parties on the grounds that an agreement has been reached between. This order does

not represent a reasoned determination of the Court, but confirms the agreement reached

between the parties by consent.

3

[7] That pursuant to section 314(1)(a)(i) and 314(1)(b) of the Resource Management

Act 1991, Amandeep Singh is required to take the following actions at the property

located at 642L Kennedy Road, Pyes Pa, Tauranga (Identifier: 104081, legal description:

Lot 2 Deposited Plan 325790) (the property) to control all on site erosion and

sedimentation and ensure than all stormwater from the disturbed land is effectively

controlled and treated prior to discharge in accordance with conditions 8.1 and 8.2 of

resource consent 684467 (the consent attached as Appendix A).

[8] The respondent, Amandeep Singh, and all entities in which he has an interest, will

immediately cease all earthworks at the property and will not carry out any further

earthworks at the property until such time as:

(a) The remedial works set out within the annexed Remedial Plan (the Plan

attached as Appendix 8) have been completed by a Bay of Plenty Regional

Council (Council) approved contractor to bring the site's erosion and sediment

controls into compliance with the conditions of resource consent 68467; and

(b) The Council deems the property to be effectively stabilised; and

(c) The respondent receives express written approval from a Council enforcement

officer authorising the respondent to resume earthworks at the property:

[9] The respondent will continue to allow Council staff and I or Council approved

contractors to access the property for the purpose of carrying out remedial works.

[10] Upon conclusion of remedial works:

(a) The respondent will continue to allow Council staff and lor Council approved

contractors access to the property for the purpose of undertaking maintenance

work of the erosion and sediment controls as required from time-to-time; and

(b) The respondent will be liable for all costs of the remedial works, as well as the

costs of ongoing maintenance of the erosion and sediment controls to ensure

continuing compliance with the conditions of resource consent 68467 and the

Resource Management Act 1991;

4

(c) Council will issue invoices to the respondent for any costs the Council incurs in

relation to the remedial works and subsequent maintenance of the erosion and

sediment controls; and

(d) The respondent will pay each of the invoices issued by Council in respect of the

remedial work and I or maintenance of the erosion and sediment controls, within

20 working days from the date the invoice was issued.

[11] The respondent will allow Council enforcement officers access to the property for

the purpose of monitoring the respondent's compliance with these enforcement orders.

[12] The foregoing orders will apply to the personal representatives, successors, and

assigns of the respondent to the same extent as they apply to the respondent.

C J Thompson

Environment Judge

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Consent Number: 68467

Bay of Plenty Regional Council

Resource Consent

Pursuant to the Resource Management Act 1991, the Bay of Plenty Regional Council, by a decision dated 11 November 2015, Hereby Grants to:

Amandeep SINGH and Mohiender SINGH being the Trustees ofTAKHAR TRUST

A resource consent:

a) Under section 9(2)(a) of the Resource Management Act 1991 and Rule 1 C of the Bay of Plenty Regional Water and Land Plan to carry out a discretionary activity being to

Carry Out Earthworks; and

b) Under section 15(1)(b) of the Resource Management Act 1991 and Rule 37 of the Bay of Plenty Regional Water and Land Plan to carry out a discretionary activity being to

T~mporarily Discharge Treated Sediment-Contaminated Stormwater to Land Where it May Enter Water;

subject to the following conditions:

1 Purpose

2

3

To authorise and set conditions for earthworks operations and for the temporary discharge of stormwater to land. The earthworks are associated with a proposed ~evelopment at 64 Kennedy Road, Pyes Pa, Tauranga.

Location

The activity site is at R64 Kennedy Road, Pyes Pa, Tauranga, as shown on BOPRC Plan No. RC 68467/1.

Map Reference

The location of the proposed activity site is at or about the following map reference:

• Approximate centre of works: NZTM 18745495816997.

4 Legal Description

Lot 2 DPS 325790, Block XIII Tauranga SO (Tauranga City District).

Consent Number: 68467

5.1 Not less than five working days prior to the start of any works authorised under this consent, the consent holder shall request (in writing) a site meeting between the principal liaison person for the consent holder and the Chief Executive of the Regional Councilor delegate. Notification at this time shall include details of who is responsible for on site management and compliance with consent conditions. (See Advice Note 3).

5.2 On completion of each stage of works carried out under this consent, the consent holder shall notify the Regional Council to arrange for an inspection to ensure that all authorised works are completed to the satisfaction of the Chief Executive of the Regional Council or delegate. (See Advice Note 4).

6 Works

6.1 The consent holder shall ensure that all earthworks operations, discharge activities and erosion and sediment controls are carried out in accordance with the relevant sections of the Resource Consent Application for Consent 68467 received by Bay of Plenty Regional Council on 12 October 2015, and specific documentation as set out below:

.. Sections 2, and 6 of the Consent Application Report document titled "Kennedy Road, pyes Pa - Application for Resource Consent for Earthworks - Prepared for Takhar Trust", prepared on behalf of Takhar Trust by Boffa Miskell, dated 12 October 2015, and included as part of the Resource Consent Application;

.. Appendix 5 of the Consent Application Report - Erosion and Sediment Control Plan text information only;

.. Lysaght Plan "Amandeep Takhar, Proposed Residential Subdivision, Kennedy Road, Tauranga - Erosion and Sediment Control Plan - Drawing No. 152999-1 01-EW Rev F" and identified as BOPRC Plan No. RC 68467/2;

.. Further information from Boffa Miskell dated 22 October 2015, confirming details in the Dust Management Plan, including sourcing of water, and limiting exposed area to no more than 1 hectare;

.. Further information dated 29 October 2015, amending the proposed works as identified in BOPRC Plan No. RC 68467/2;

.. Lysaght Plan {'Amandeep Takhar, Proposed Residential Subdivision, Kennedy Road, Tauranga - Cut / Fill Contours - Drawing No. 152999-102-EW Rev A", (except with the amendments as noted in the further information received 29 October - Area C deleted) and identified as BOPRC Plan No. RC 68467/3.

6.2 Stockpiled material that is to be stored within the activity site for longer than one week shall be effectively isolated by bunding or silt fencing, stabilised to prevent surface erosion and/or sedimentation, and located in a suitable site to the satisfaction of the Chief Executive of the Regional Councilor delegate.

6.3 The consent holder shall ensure that any fill material brought into the activity site from any off-site location, comprises Glean fill as specified in condition 6.4, and sourced from

compliant permitted activity site or authorised consented site.

Consent Number: 68467

6.4 For the purposes of this consent, clean fill is defined as natural products such as clay, pumice, soil, and rock that are free of:

'" Combustible or putrescible components (including green waste);

() Hazardous sUbstances or materials (such as municipal waste) likely to create leachate by means of biological or chemical breakdown;

.. Any products or materials derived from hazardous waste treatment, stabilisation or disposal processes.

6.5 No fuel storage or machinery refuelling shall occur where fuel could enter a water body in the event of a spillage.

6.6 No vegetation, soil, slash and other debris shall be, left in a position where the material could be moved by floodwaters during heavy rainfall and enter water or impact on downstream infrastructure,

6.7 The consent holder shall ensure that.all exposed areas of earth resulting from works associated with this consent are effectively stabilised against erosion by vegetative groundcover or suitable alternative as soon as practicable following the completion of each stage of works, to the satisfaction of the Chief Executive or delegate of the Regional Council.

6.8 Regardless of condition 6.7, the consent holder shall ensure that all exposed areas of earth resulting from works associated with this consent are effectively stabilised using the following methods by their respective dates:

II Topsoiling and grassing by 30 April of each year within the duration of the consent;

II Hydroseeding (or by use of a comparably effective method) by 15 May of each year within the duration of this consent; or

II Using hay or straw mulching (or by use of a comparably effective method) by 31 May of each year within the duration of this consent.

6.9 . Stabilisation work shall be completed by 31 May of each year within the duration of this consent, and no bulk earthworks shall be undertaken during the period 1 June to 15 September (inclusive), unless written agreement is received from the Chief Executive of the Regional Council that adverse effects from sediment-contaminated discharge can be avoided, remedied or mitigated,

6.10 The consent holder shall ensure that all earthworks authorised under this consent (including stabilisation of earthworks to effectively prevent erosion) are fully completed by 30 April 2020.

7 Erosion and Sediment Control and Dust Control

7.1 Prior to commencement of earthworks, the consent holder shall submit a detailed Construction Methodology to the satisfaction of the Chief Executive of the Regional Council or delegate, which is consistent with Appendix 5 of the Consent Application Report and with the Erosion and Sediment Control Plan identified as BOPRC Plan No. RC 68467/2. The detailed Construction Methodology shall include, but not be restricted to: .

• Detailed construction sequence for the earthworks operations with at least three separate stages clearly identified in order of construction;

Consent Number: 68467

o Limiting of each stage to be no more than 1 hectare of ground exposed uniess written agreement is received from the Chief Executive of the Regional Council or delegate that a greater area can be exposed, and that adverse effects can be avoided, remedied or mitigated.

o Progressive stabilisation at the completion of each stage so that the amount of area exposed can be managed to prevent dust emissions;

o Temporary stabilisation of stockpiles to prevent surface erosion andlor dust emissions, if they are to remain undisturbed for a period longer than one week;

o Planned closure of exposed ground for the winter exclusion period in compliance with conditions 6.9 and 6.10.

7.2 The consent holder shall ensure that the activity site is effectively isolated by perimeter controls, with all stormwater discharged from disturbed ground to land/or ground soakage via an approved sediment control device, and all clean stormwater diverted away from expo$ed areas of soil (including work areas) and stockpiles of soil.

7.3 All erosion and sediment controls for each stage of work (as identified in BOPRC Plan No. RC 68467/2 and the Construction Methodology), shall be installed prior to the commencement of bulk earthworks for that stage.

7.4 The consent holder shall ensure that the works are undertaken in accordance with the Construction Methodology following written confirmation from the Regional Council that it is in accordance with the conditions of this consent.

7.5 The consent holder shall ensure that all practicable measures are taken to ensure that no material is tracked off site to the satisfaction of the Chief Executive of the Regional Council or delegate.

7.6 The consent holder shall ensure that the erosion and sediment controls remain in place until such time as the site is fully stabilised, to the satisfaction of the Chief Executive of the Regional Council, or delegate. '

7.7 Unless otherwise specified in this consent, the consent holder shall ensure that all erosion and sediment controls comply with specifications set out in the Bay of Plenty Regional Council Guideline No. 2010101 - "Erosion and Sediment Control Guidelines for Land Disturbing Activities". .

7.8 The consent holder shall comply with the Dust Management Plan included in the Resource Consent Application, and further information received on 22 October 2015.

7.9 The consent holder shall ensure that there is a proactive strategy for dust control , specifically by complying with the principles of dust management as set out in section 11 of Bay of Plenty Regional Council Guideline No. 2010/01 - l'Erosion and Sediment Control Guidelines for Land Disturbing Activities" so as to prevent a dust nuisance from occurring beyond the boundary of the activity site,

7.10 The consent holder shall ensure that there are adequate resources to undertake dust control at all times (including plant, eqUipment and staff), and that the water source is able to provide at least 5 mm/day of water to all exposed ground and 10 mmlday to high traffic areas, hot spots and drier sites.

The consent holder shall ensure that dust control operations continue until the site is stabilised.

Consent Number: 68467

7.12 The consent holder shall ensure that, outside of normal working hours, staff resources are available on-call to operate the water application system for dust suppression.

7.13 Despite conditions 7.8 to 7.12 above, the consent holder shall ensure that, at all times, the soil moisture level of exposed areas is sufficient, under prevailing wind conditions, to prevent dust generated by normal earthmoving operations from remaining airborne beyond the boundary of the work site, and shall undertake additional or alternative dust control measures to the satisfaction of the Chief Executive of the Regional Council or delegate, as directed.

8 Stormwater and Dewatering Disciharge

8.1 The consent holder shall ensure that all stormwater generated on the site during earthworks operations and discharged from disturbed areas, is discharged via an approved sediment control device to land soakage. (See Advice Note 6).

8.2 The consent holder shall ensure that all stormwater discharged to land soakage is substantially free of floatable solids, oil and grease.

9 Monitoring, Recording and Reporting

9.1 The consent holder shall ensure that earthworks do not commence until the Chief Executive of the Regional Council confirms in writing that the following documentation has been received and is in accordance with the conditions of this consent:

8 Construction Methodology as specified in condition 7.1.

9.2 The consent holder shall ensure that all erosion and sediment controls are inspected ' at least once a week while earthworks are in progress, and within 72 hours of each rainstorm event that is likely to impair the function or performance of the erosion and sediment controls.

9.3 The consent holder shall ensure that the erosion and sediment controls are inspected on a regular basis following a schedule that ensures that they continue to operate in accordance with their designed function.

9.4 The consent holder shall record the date, time and the maintenance of erosion and sediment controls identified during inspections under conditions 9.2 and 9.3.

9.5 The consent holder shall ensure that records as required by condition 9.4 are kept and made available to the Regional Council when requested.

9.6 The consent holder shall notify the Regional Council by 31 August of each year for the duration of this consent, whether any earthworks are programmed to be undertaken over the beginning of the summer construction period (15 September to 30 November), and'the areal extent of the proposed summer works programme,

Consent Number: 68467

10 M«3luntenall!1lce

1 0.1 The consent holder shall ensure that all erosion and sediment controls undertaken as part of the earthworks operations are maintained in an effective capacity at all times in accordance with maintenance provisions set out in the document Bay of Plenty Regional Council Guideline No. 2010/01 -" "Erosion and Sediment Control Guidelines for Land Disturbing Activities': until the activity site is effectively stabilised.

10.2 The consent holder shall ensure that, any necessary maintenance of erosion and sediment controls identified by inspection, or by the Chief Executive of the Regional Council or delegate, is completed as soon as practicable.

10.3 Accumulated sediment shall be removed from the sediment retention devices before sediment levels reach 25% of that device's volume.

10.4 The consent holder shall ensure that all-weather machinery access is maintained to the sediment control devices.

10.5 The consent holder shall ensure that the outlets from the sediment control devices are maintained at all times to ensure that no erosion occurs as a result of the discharge.

11 Signage

Prior to the commencement of works under this consent, the consent holder shall erect a prominent sign adjacent to the entrance to the site, and maintain it throughout the period of the earthworks and construction period. The sign shall clearly display, as a minimum, the following information:

" The name of the development;

" The main site contractor;

.. A 24 hour contact telephone number for the consent holder or appointed agent;

" A clear explanation that the contact telephone number is for the purpose of receiving complaints and information from the public about dust nuisance or any other problem resulting from the exercise of this consent.

12 Archaeological, Cultural or Historic Sites

In the event of any archaeological site or koiwi being uncovered during the exercise of this consent, activities in the vicinity of the discovery shall cease. The consent holder shall contact the Bay of Plenty Regional. Council as soon as possible. The consent holder shall then contact Heritage New Zealand and consult with Tangata Whenua in accordance with the agreed protocols set out in the Resource Consent Application. The consent holder shall not recommence works in the area of the discovery until the relevant authorities or approvals to damage; destroy or modify such sites haMe been obtained, where necessary (see Advice Note 1).

Term of Consent

consent shall expire on 30 June 2020.

Consent Number: 68467

14 ResolUlrce Mallllagemellllt Charges

The consent holder shall pay to the Bay of Plenty Regional Council such administrative charges as are fixed from time to time by the Regional Council in accordance with section 36 of the Resource Management Act 1991.

15 The ResolUlrce Comsellllt hereby authorised is granted under the .Resource Management Act 1991 and does not constitute an authority under any other Act, Regulation or Bylaw.

Advice Notes

1. This consent does not authorise the holder to modify or disturb any archaeological or historic sites within the area affected by this consent. Should any artefacts, bones or any other matter of archaeological or cultural significance be discovered wjfhin the area affected by this operation, the Tangata Whenua (Ngai Tamarawaho) should be contacted and written authorisation should be obtained from Heritage New Zealand before any damage, modification or destruction is undertaken.

2. Notification and/or reporting requirements to the Regional Council as required by this consent shall be directed (in writing) to the Manager Pollution Prevention - Bay of Plenty Regional CounCil, PO Box 364, Whakatane or Facsimile:0800 884 882 or email notify@boprc.govt.nz. All notification and reporting shall include the consent number 68467.

3. Notification to Bay of Plenty Regional Council of who is responsible for on site management and compliance with consent conditions, as required by condition 5.1, shall be updated in writing throughout the duration of the operations if the contact changes.

4: At completion of discrete stages of earthworks, a joint inspection wjfh staff of Bay of Plenty Regional Council and the consent holder will be carried out to ensure that the stabilisation measures are satisfactorily completed.

5. The consent holder is responsible for ensuring that all contractors carrying out works under this consent are made aware of the relevant consent conditions,. plans and associated documents.

6. Specifications for approved sedim.ent control devices are set out in the document "Bay of Plenty Regional Council Guideline No. 2010/01 - Erosion and Sediment Control Guidelines for Land Disturbing Activities".

7. The Bay of Plenty Regional Council operates a Winter Earthworks Policy, where there is normally a Winter Exclusion Zone (1 May to 15 September) for large scale earthworks, due to the increased risk of sediment-contaminated runoff discharging off site.

Mary-Anne Macleod Chief Executive

Consent Number: 68467

DATED at Whakatane this 11th day of November 2015

For and on behalf of The Bay of Plenty Regional Council

"~ I I

25 July 2017

Bay of Plenty Regional Council

PO Box 364

Whakatane 3158

.... : "-~:, LYSAGH-.. ./, -- - -

.. -~

Our Ref: 152999

Re: Temporary Winter ESCP Update for Earthworks at 642L Kennedy Rd for Takhar Trust

Dear John Morris,

Please find below a temporary erosion and sediment control plan (ESCP) update for the bulk

earthworks at the above address. Bay of Plenty Regional Council (BOPRe) has advised our client

to update the current site ESCP to ensure compliance with the BOPRC Erosion and Sediment

Control Guidelines for Land Disturbing Activities (lithe guidelines"). This ESCP has been prepared

for the winter shutdown period, and will require updating prior to recommencing earthworks in

September.

ESCP DESIGN

Diversion Drains

The single most critical aspect of the ESCP is the installation of adequate diversion drains to

separate clean and dirty water. LCL has utilised aerial photographs and Tauranga City Council

(TCe) contour information to develop the attached catchment plan (Drawing 152999-2000-EW).

It is apparent from site visits and review of the contours that significant volumes of water are

currently being discharged down the existing access from upstream developments and Kennedy

Rd. We propose to divert this water in a lined clean-water drain (Drain A) directly into the

Nanako Stream via culverts/flumes as shown on Drawing 152999-2001~EW. Clean-water

diversions are also proposed immediately above earthworks a~eas D, F and H.

A main dirty-water drain (Drain B) is proposed along the southern side of the access track to

convey sediment laden flows from steep cuttings above the road. Runoff shall be collected into

2x450~ pipes to direct flows across the Nanako Stream into the forebay of Sediment Pond 1.

The pipes shall either be laid across the existing culvert crossing (above or below ground), or

shall cross the stream using a suitable support structure such as timber piles that are sturdy

enough to resist washout and prevent pipes from leaking into the stream. Pipe joints shall be

~,..... ~)F ,_ located away from the watercourse wherever possible.

,.v" ~ I/-t ., ' (.j j ~.\f'~} ("Ii If.N~_ ".:,. SURVEYING I ENGINEERING I PLANNING lLANO DEVelOPMENT

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, , /

/ ... ~'...., .

!,

construction/Maintenance Requirements

,Task 'Requirements ,Sepa~ate cleanand dirtY water · Install drains perthe updated ESCP

i ~ediment P.ond south sIde of Access Track · Lower primary spillway manhole lip level to 200mm below spillway level to prevent surcharge onto track In smaller events. 0 Install full width spillway geofabric lining per BOPRC gUidelines, including pining.

· install more rip rap at outlet pipe to prevent scour. " i • Direct flows Into eXisting culvert across road to new dean water diversion drain

i :, 'Sediment Eond"North side of Access Tracie · Construct diversion mound to prevent runoff from entering the pond.

I,: • Further engineering review required for pond prlorto start of Summer 17/18 construction works, potentially it can be decommissioned or converted to smaller

! " decant bund with limited contributing catchment.

• Clear loose material and geofabricfrom flow path where possible .. , . ..

; ,Decant Bund side of Access'Track ' - . .. · .. Clean out decant bund'and connect 2x 450~ culverts with 1m min clearance from invert of pipes to top of decant to allow for head loss at eritrance

i Clean Water Diversions • Construct clean water diversion around top of all construction areas and divert to Nanako via culvert/flume on to rip rap to prevent scour I,

Dirty Water Diversions · All dirty water diversion to be lined and to direct flows Into sediment ponds , · Diversion drains/mounds are required above steep cuttings south side of access track to prevent flows scouring face of cutting. Flows shall be directed to a flume/lined channel to convey runoff Into Drain B. Contour draIns shall be utilised to slow sheet flow

' - ,

I Pond 1 • No requirements

Pond2 · Remove sediment from forebay and place at top of area H {not adjacent to streamJ , · Stabilise entrance to forebay with rip rap or lined channel to ,prevent entrance scour I • Remedlate scour areas at pond outlet, line wIth rip rap/flume to dlrectflows down to Invert of Nanako without scour. Rip rap to be full width of spillway flow I '. Clear main pond of slit carry-over

Sediment Fences • Clean collected sediment behind all existing sediment fences, cart material away and place away from stream in area away from overland flow paths

I · Install super silt fences downstream of all earthworks area and stockpiles not currently protected by fences 0 Ensure all fences are embedded to BOPRC guideline requirements

CulvertslFlumes • All concentrated diversion drain flo';'s are to be directed Into the Nanako Stream via CUlverts/flumes with adequate placement of rip rap to ensure stream bed/bank is nat eroded

, • Provide all culverts with sufficient freeboard at entrance to account for entrance head losses (1m min)

• 6DO¢-10S0¢ manholes may be required to drop flows allow culverts to be installed to more manageable grades «10%J.

' Gt:marnl .... .. I • Reinstate mUlch over exposed earthworks

! · Utilise cross slope tracking an? contour drains to reduce erosion on siopes I · Create diversion mounds at regular Intervals along access track to divert runoff into lined Drain B; this will help reduce rutting

I

SURVEYING I ENGINEERING I PL.A.NNIHG ! LAND DEVELOPMENT

Limitations

It is our understanding that BOPRe's enforcement notice requires the developer to have the

proposed ESCP works undertaken by an experienced civil contractor, or to be under the

supervision of a suitably experienced contractor/person to ensure that the works comply with

the requirements of BOPRe's guidelines and good construction practices. The ESCP has been

prepared with the above understanding and therefore is does not provide every construction

detail associated with proposed devices.

All devices shall be regularly inspected ahd maintained to ensure they operate as intended. This

ESCP shall be regularly reviewed to ensure that the site remains in compliance with the

guidelines.

It is assumed that the recommendations provided in this report are representative of the site.

There may be special conditions pertaining to the site which have not been disclosed by our

investigations nor taken into account in this report. This office should be contacted immediately

in the event that soils and/or site conditions are found to differ from the observations and

assumptions presented in this report. The recommendations are intended for the specific

situations described in this report and no responsibility or liability is accepted by lCL to any third

party that may use or rely on any part of the content of this document where used in

contradiction to the intent of the design. A suitably experienced Chartered Professional

Engineer should be engaged to review any designs outside ohhe scope ofthis report or where

there are any doubts about compliance with the report specifications.

Please contact the undersigned if you have any questions about the above. Kind Regards

~ :~// ... P'ete~ Moodie Direc\or - Civil and Environmental Engineer -CPEng - MIPENZ -BE Hons Nat Res

X:\Projects 1 \15 Jobs\lS2999 Amandeep 1 akhar, Kennedy Road\Engineerlng\Earthworks Consent\El11ergency ESCP 2017\152999· Emergency ESCP,docx

SURVEYING I E'NGINEERING I PLANHING I LAND DEVELOPMENT .' .. . . .

19 Totara Str~et. Mount MuunganuI1116 I P: 07 5788798 J E: thl?teant!?llysaght.net.nz I WWW.lysilght.not.nz

.. -catchment Area Ha Comment

! Il _97358 .. 9.74 . ~Iean water diversion· ; a 25535 .. 2.55 .: Dirty Water: Diversion · c 8062 - . '0;8.1 - Cleanw.ter diversion

0 2691 " 0.27 . Standard Slit Fence ' E 34506 - -3.45 Clean water diversion

F 14059 ' 1 .41 Clean water dlverslOf:l G 4711 0.47 H 21789 " 2.1S Olrtv Water Diversion

. Total 208711 20.S7

Pipe/Flume Ffow(m'''J Grode Plp.lFfume Olam (mm) In'::: 0.024

Cor. PE : A 0.73 25%·50% 2x450 , 8 0.38 1·5% 2X45D

C " O.OS 25.%-50% lX450 · 0 : E 0.30 25%·50% t x450 : F_ .. 0.14 '. 25%-50% , 1>1450 ' G

H 037 ". 25%-50% lx450

AEP C Multiplier .. "O:S

2 O.SS 5 0.95.;

10 f zo 1.0. SO 1.1~. i

100 l :l '

AEP[Yr)

20 .. 20 ,

'. 20 :

20 ; 20

: 20

Head at" fnlet(m)

.. 0.75 D.5 1

1 1

1

Te(ml.,)

20 15 10

15 10 ·

10

..... - .....

, < -'

I [mm/hr)

85.8 101

; 116.4

101 : 116.4 ;'

116.4

C lo-ye ..

0.3 D.s 0.3

0.3 0.3

O.S

..

C FlowQ Channel Channol 5(") Factored Im'/$) Drep:!rill Leril lh,lm)

D.32 .. ~ ( 0:73 : 28 394 .7" 0.53 . 0.3S' ~I 28 . 395 7~

0.32 0.08 1 101 1% "

0.32 0,30 9 378 2% . . 0.315 0.14 4 145 3%

0.525 03 1 6 175 3%

.! ..... .

Channel Mennlngs SIde Slope Unln~ 'n' 1,X Ye, .' 0.012 2 Yes 0.012 2 .. No .. 0.035 2.5

No 0.035 2.5 No I ' . .0.035 2.5

Yes 0.012 2

IoGP IDI .

SWALE

0.03 mlm

lv:xh _~=",lv:xh

Invert flow Freeboard Total Top Check Dam Width Depth ' Oepth WIDth Spacing·lm)

.0.3 0.2 0.3 0.5 .. 2.3 . J>l/A 0.3 0.15 0.3 0.45 2.1 NtA 0.3 0.175 0,3 0.48 ." 2.7 24

0.3 .. 0.28 " .. 03 0.5S 3.2 .. 24 .-. 0.3 0.175 0.3 . ..0,48 . . __ 2.675 .. 12 0.3 .0.3 0.3 . _ .0.3

0.3 , 0.17 03 0.47 2.18 I NtA

O.5 m1s max

Pond 1 " ,

: Catchment subArea: Total (hal' ,Pond Vol Pond Vol Dead LIve , Depth Dead Live Depth, RaqArea Actual Area Forebay Req Area- 'Actual Area '

(haj % (m'l : Storage Storage, Pond Depth(m) (m) , (m') Pond (m") 5% {m'J 1m depth Forebav , (30%) (70%) (m") (m') !

1

'8 .. 2.55 :: ..' ..

'G 0.47 3.02 3% 907 272 635 :l.5 0.45 1.05 605 585 45 45 73

... " , , " . :

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"

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\ fatchment 'i SubArea· Total (ha) Pond'Vol, 'Pond Vol Dead' Live Depth Dead Live Depth Req Area Actual Area Forebay ReqArea- Actual Area ! (ha) % (m') Storage Storage Pond Depth!m) (m) 1m") Pond/m'l 5% (m'j 1m depth : Forebay

: (30%) (70%) (m') Im'l i ;

i ' ,

'H .... , ~I 2.18 2.18, ... 3% "" 654 196 458 1.5 . 0.45 1.05 436 667 33 33 778

E)(lSnNG BOUNoARY ----- SITE·EXTENTS

EXISTING MAJOR CONi'cUR EXISTING MINOR CONTOUR _____ TCC FtOOOE)(TENlS

1. AU.. WORKS METD BE CARAIEDQUT IN ACCORDANCE Wmt niE BAY OF PlENTY REGIOHA.L. COIJNC!I.'S EROSION AND SEDIMeNT CON.TROl. GUICELlNES

2. EXISTING CONTOURS ARE T.AKeN t=ROM TAU!tANGA. CITY COUNCIL. M~I GIS. 3, I.liVELS·AAE IN TERMS OF MOlUAIKI VERTICAL DAl'UM ,953 • .t, MAJOR CONToUIt INTERVA1..IS 1.0m.

l ot I DI'tI oWIIO -

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.. 151Am'

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LOT 1 CPS 90765

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.Jr:. LYSAGHT

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BOPRC.APPROVAL Prolect No.

: ESCPCATCHMENT AREAS

ESCP UPDATE JULY 20 17 SC3le(A3) 152999

1::1000 DrawIng No~ Rov .

152999-2000-EW A .

EX!STINSBOUNOAAY _____ SrI",XTENT.

EXISTING ),lAJOR CONTOUR EXIStltJG MINOR CONTOUR

____ Tee F\.OOO EXTENTS

_ .. .......... ~ ClEAN WATER DIVERSION ...... --+ -.. . DIRTY WATER DIVERSION

SilT FENCE ---- DIVERSION MOUNctoAAIN

NOTES

1. N.1.INORKS ARE TO DE CARRIEO OUT IN ACCORol\NCE WnM THE BAY OF' PlENTYREu]ONAl, COUr-tCII:S EROSION ANOSECJ~'Enr CONTROL GUloEl;INES

2. EXISTINC: CONTOURS ARE TA!Qi:N FROM T~URANGACrrv COUNCIL MAP! GIS. l, l.EVEl.S ARE IN TERMS OF MaTUR~1 VERl1CAL OAT\lM 1853, -I, WJ'OR CONTOUR INT!!1\VAL.IS ,.om,

LOT, DPS51783 1~.I!~'

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X:.~.1\15J,*.\152Wi1 Amand"pTnhlr.JC.I"n~ ROIld\CAO\DIIWlf'Ig'IlEarUI ' CcmfJ1l\2017 .E~ncywaM152WQ-2IJOD..ctwg

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LOT 1 DP 359003 ,I' • '7ryrn'

PAR·t'LOT2 DP34501 17.21~

PROPOSED RESIDENTIAL SUBDIVISION

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'I DETAILED ESCP DEVICES

ESCP UPDATE JULY 2017

..

"PARTLOT1 CPS 35229 ~",m'

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Lon DP 35132

G109m*

N

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THE OEBKilN IS 'M='ICAl.AND Wru. REQUIRE AN EXPERIENCED CON'mAC'fQf\ "1'0 IMFlEM!NT/!UPERVI!E.AAD ADJUST THE PLAN AU REQUIRED ONlHE GROUND. ONGOING MAiNTINAHCE ANo, ,lDJUSmENTWll.t. BE REaUlRED

~~~a~~I~E~~~~~~;:RMAL wm~ l\tL IMf'l.l!MENTATlDN OR MAINnNAN§:i1! ol=1J:!E ESC~

BOPRe APPROVAL Proloct No.

152999 ScaiO(A3)

1:2000 :orawlng No. Rev •

152999-2001-EW A .

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)ohn Hotst

From: John Holst Sent: To:

Wednesday} 2 August 2017 9:13 a.m. peter@lysaght.net.nz

Subject: FW: Consent 68467 642 Kenne~y Road - Amandeep Singh

Peter

As per Jess's comments

John Holst Senior Regulatory Complianc-e Officer Bay of Plenty Regional Council roi iVJoana

iF: 0800 884 880 /DID: 0800 884 881 x7498

IE: Joh~ . Hols~@boprc,govt.nz

..... J\lJ; ()21190 74~~ W; www.boprc.govt.nz \ : -PO Box 364, Whakatane 3158} New Zealand

!hrlving to.gether ~ mo te taiDO, ~o I'dgtii tjngGW

From: Jess Newlands Sent: Wednesday, 2 August 2017 8:40 a.m. To: John Holst Cc: John Morris; Kathy Thiel-lardon Subject: RE: Consent 68467 642 Kennedy Road - Amandeep Singh

HI John,

I have been on leave until today. I wasn't aware that the site had been mulched and that there will not be any more earthworks undertaken over the winter period.

I am therefore happy with the runoff calculations using the lower runoff coefficient .

. The sizing of the sediment ponds only applies for winter earthworks, and as Peter has stated that no earthworks are ) roposed over the winter period, and that the site has been mulched, I think the 3% sizing Is adequate. However as

. there will still be runoff from the existing disturbed areas, a condition should be included to ensure that if the ponds appear inadequately sized when Inspections are undertaken, then they should be made larger. Hopefullv the new clean water diversion drains should divert a significant portion of the site runoff.

In my third point below, I was happy with the measures proposed but I was making a point that inspections should be undertaken to ensure the riprap provided is sufficient 'This riprap should be checked after evt!ry rainfall event to ensure it has not been displaced due to the jet of water from the pipes and flumes, and upsizedlreplaced where necessary". With regards to the manhole structure that Peter mentions below, I agree that this should be provided as a last resort in order to minimise disturbance to the stream. Perhaps this could be insta lled if the proposed riprap protection appears insufficient after a storm event.

I hope this answers your queries}

Thanks.

Jess 1

'" ". ---- ..... -"''';

Jess Newlands Environmental Engineer Bay of Plentv Regional Council Toi M oana

. . ~. ~ . " . . 11': 0800 884 880 DD: 0800 884 881 ){9586 IE: Jess.Newlands@boprc:govt.nz W: wwW.bogrc;govt.nz A: PO Box' j64~ Whal<atane 3158, New Zealand

Thrilling together ~ mo te taiool rna nga tangattll

From: John Holst Sent: Tuesday, 1 August 2017 3:43 p.m. To: Kathy Thiel~Lardon; Jess Newlands Cc: John Morrisi Peter Moodie Subject: RE: Consent 68467 642 Kennedy Road ~ Amandeep Singh

{ Jess

Can you please look at this tomorrow there is some urgency with this site.

John Holst Senior Regulatory Compliance Officer Bav of Plenty Reclonal Council Toi Mocma

P: 0800 884 880 DO: 0800 884 881 x7493 E: John.Holst@boprc.govt.nz M: O~1 1~O 7498 W: www.boprc.govt.nz A: PO Box 364, Whakatane 3158, New Zealand

.".. . . . Thrivinf/ t,!p"e~her - mo t~ ta~~~! m6. npa tanfata From: Peter Moodie [mailto:Peter@IVsaght.netnzl Sent: Thursday, 27 Juiy 2017 12:04 p.rn: . '- , To: John Holst Cc: John Morris; Kathy l'hiel-Lardon; Jess Newlands Subject: Re: Consent 68467 642 Kennedy Road - Amandeep Singh

Hi J obnlJ ess, my initial comments in red below, let me know your thoughts and we will amend etc as required

Kind regards

Peter Moodie

On 27/7/2017 9:03 AM, John Holst wrote:

2

-

,--l

Peter

Can you make the corrections please and liaise directly with Jess if you have any queries over her comments

Regards

John Holst Senior Regulatory Compliance Officer Bay of Plenty Regional Council Toi Moana

P: 0800 884 880 DD: 0800884 881 x7498 E: John.Holst@}boprc.govt.ni M: 021190 7498 W: ~.boprc.govt.nz A: PO Box 364, Whakatane 3158, New Zealand

Thriving together - miJ te taiao, miJ ngii tiingata

From: Jess Newlands Sent: Wednesday, 26 July 20173:52 p.m. To: John Holst Cc: John Morris; Kathy Thiel-Lardon Subject: Consent 68467 642 Kennedy Road - Amandeep Singh

Hi John,

I have had a review of the Emergency ESCP provided for this site at 642 Kennedy Road by Stratum.

The C coefficient for the nmoff calculation has been taken as 0.5 for the dirty water diversion drains. If this is for a bare earth site I would expect this to be at least 0.6 in accordance with BOPRC stormwater management guidelines. These calculations should therefore by redone and the diversion drain size upgraded accordingly. We have used 0.53 for the site as it has been entirely mulched and we assumed this was conservative and that 0.6 would be too high. But I am happy to recheck this if you would like me to.

3

{ , .

f ~

The sediment pond volume has been calculated based on 3% of the contributing catchment. For winter earthworks it is a requirement the ponds must be sized to provide storage for the 100 year 24 hour storm event at the location of the site for the entire winter duration. It is likely that the proposed ponds are significantly undersized. As above, the site has been entirely mulched and no continued earthworks are planned over the winter period, in theory he shouldnt need any ponds, however we know that the existing site works are not working adequately and hence propose to simply modify them to opertate more efficiently and insure continued maintenance is undertaken. I would be c011cerned about trying to enlarge ponds at this time of year, especially if the current developer ,,,,ere to be undertaking the work, as above, our goal was to produce an ESCP that required the minimum amount of change to existing site setup. Also I believe it will be better to try control runoof at source with additional mulchingldiversionl.contour drains than an end of pipe solution. You could always create condition that the pond size would be monitored and if proven inadequate they would need to be made larger.

The pipes and flumes carrying the clean water down into the stream are extremely steep (>50 mls). The velocities are expected to be upwards of 5 mls for pipe A which has the largest flow. 'J;'hese vdocities are likely to cause erosion to the stream bed and banks. The ESCP states that riprap will be provided, but no sizing has been included This riprap should be checked after every rainfall event to ensure it has not been displaced due to the jet of water from the pipes and flumes, and upsized/replaced where necessary. Are you sure about the flume earrying 50 mls, my cales indicate 6-7 m/s for flume. Agreed that high velocities would need some hefty riprap, D50=600mm based on table below, however this is a 20-year flow which is a very significant storm event and I imagine that there far larger problems 011 site than the discharge outlet. I would be more inclined to reccomend a nominal size eg 3000 for aU other flumes, but perhaps for flume A we look at dropping the flow into a manhole dissipation chamber at the bottom of the slope .... I may need to think on this one a little longer as we are trying to minimise works within the watercourse so any structures are going to be a significant impact.

5.0 4.7

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The drains into the sedimentation pond forebays are also steep, but the plan states that the entrance will be stabilised.

Check dam spacing and lining appears OK. The location of the drains and provision of the clean water drains to direct water away from the earthworks all seem in accordance with the BOPRC ESCG.

All the works will require some rea jigging on site I am sure arid happy to revise cales during the works.

Jess

Jess Newlands Environmental Engineer Bay of Plenty Regional Council Toi Moana

P: 0800 884 880 DD: 0800 884 881 x9586 E: Jess.Newlands@hoprc.govt.nz W: ~.boprc.govt.nz . A: PO Box 364, Whakatane 3158, New Zealand

Thriving together - miJ te taino, miJ Ilgil tilllgata

./

5

(

(

~CRa -1..-= EXCAVRTORS

Emailed to: John Holst John.Holst@boprc.govt.nz

11 September 2017

Hi John

Re: Consent 68467 642 Kennedy Road - Amandeep Singh.

Here is some detail on my thoughts to mitigate the storm water and sediment control issues at 642 Kennedy Road. Can you please communicate this with Peter Moodie and anyone else , you deem relevant and add anymore controls you think necessary?

B 800m2 1.5mm HOPE pond liner @ $6.00pm2 + GST .. 3 x 10m Poles to support pipe across stream .. 8 x 6m 300mm Farmtuff culverts or similar

I would suggest Amandeep supplies the haul road metal and farmtuff culverts and any labour required to assist in placing liner and pipes, etc.

I estimate this work to take approximately: • 50 hours @ $130ph .. Machine Transport @ $500 .. 800m2 Pond Liner @ $6pm2

$6500 +GST $500 +GST $4800 +GST

Before work can commence we will require a bond to be paid into our account of:

$11,800 +GST

Account number: 02-0488-0190011-000

Methodology:

1. Clean water channel, line with pond liner. 2. 300mm diameter hole cut in side of riser 300mm below emergency spillway invert. 3. Relocate emergency spillway to northern side pond and line with pond liner. 4. Form inverted benches approximately 20m apart with sediment soakpits 10m apart

along benches. 5. Excavate a serviceable soakpit-sediment trap immediately below loadout area. 6. Form a line swale with pond liner from above mentioned soak pit to detention pond at

bottom of slop by stream. 7. Install 300mm diameter from detention pond number 9 across stream into eastern

settling ponds. 8. Form and metal 6m wide haul road with approximately 5% cross fall to swale number

6 from borrow area to main stream crossing.

Crbwley Excavators Limited I PO Box 796, Whakatane 3158 I P: +64 7 308 4408 I M: +6421 183 4420 / . E: n.brooking@xtra.co.nz

/ '

Our Vision: Crowley Excavators Limited is a leader in providing value-added construction services to our customers by creating a successful partnership with them throughout the construction process. Our pledge is to establish · lasting relationships with our customers by exceeding their expectations and gaining their trust through exceptional performance by every member of the construction team. Small enough to listen, big enough to deliver, Crowley Excavators Limited is a construction leader in offering practical solutions to environmentally sensitive earthworks. To do this we need to be up-to-date with industry standards, business systems and other industry leaders. By affiliating ourselves with the CCNZ we are be able to access current industry information that will keep us above our competitors.

Regards,

Craig Crowley Director

L-- GlGWLIW' a CMLCDIlJIIAC1tIRS - [I)fC~,":;=1 PIII~~.1

Crowley Excavators Limited I PO Box 796, Whakatane 31581 P: +64 7 30844081 M: +64 21 1834420 E: n.brooking@xtra.co.nz .