OTAIKA QUARRY - PROPOSED OVERBURDEN DISPOSAL AREA · the centre of the Site in west to east direction towards Quarry Road, where it is contained in a culvert that runs out of the

OTAIKA QUARRY - PROPOSED OVERBURDEN DISPOSAL AREA

Application for Land Use Consent and Assessment of Environmental Effects

Prepared for GBC Winstone Updated 1 June 2017

Document Quality Assurance

Bibliographic reference for citation: Boffa Miskell Limited 2017. OTAIKA QUARRY - PROPOSED OVERBURDEN DISPOSAL AREA: Application for Land Use Consent and Assessment of Environmental Effects. Report prepared by Boffa Miskell Limited for GBC Winstone.

Prepared by: Catherine Clarke Partner/ Planner Boffa Miskell Limited

Reviewed by: Nick Pollard Associate Principal / Planner GBC Winstone

Status FINAL WDC LODGEMENT_20170601

Issue date: Updated 1 June 2017

Use and Reliance This report has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Boffa Miskell does not accept any liability or responsibility in relation to the use of this report contrary to the above, or to any person other than the Client. Any use or reliance by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or responsibility is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source.

Template revision: 20160704 0000

File ref: A14078B_WDC20170524_FINAL_WDC_LODGEMENT_V8

WDC LODGEMENT_20170601

Cover photograph Pegram Block A14078B_28022016_By B_Evans_Boffa Miskell Ltd

Otaika Quarry – Proposed Overburden Disposal Area -Application for Land UseConsent and Assessment of Environmetal Effects

A14078B_WDC_20170524_WDC_LODGEMENT_20170601 i

CONTENTS

1.0 Applicant and Property Details 1

2.0 Description of Site and Surrounding Environs 2

3.0 The Proposal 4

3.1 Background 4 3.2 Disposal of overburden on Pegram block 4 3.3 Characteristics of overburden material 5 3.4 Form and design of the overburden placement area 5 3.5 Phase 1 - Enabling works 6 3.6 Phase 2 - General works 9 3.7 Hours of Operation 10 3.8 Traffic generation and vehicle movements 10 3.9 Mitigation measures during enabling works and general

works 10 3.10 Final landform and end use 10 3.11 Approved regional discharge, diversion and land use

consents 11

4.0 Reasons for the Application 11

4.1 Whangarei District Plan 11 4.2 Proposed Plan Changes to District Plan 18 4.3 Activity Status - Land use consent 19 4.4 Other resource consents sought 19

5.0 Assessment of Environmental Effects 20

5.1 Environment 20 5.2 Permitted Baseline 20 5.3 Existing Amenity 21 5.4 Landscape and Visual Amenity Effects 24 5.5 Acoustic Effects 26 5.6 Effects of discharges to air and dust 27 5.7 Ecological Effects 29 5.8 Effects on hydrological function and flooding 31 5.9 Effects of stormwater runoff / erosion and sediment

control 31 5.10 Effects on land stability and geotechnical feasibility 32 5.11 Traffic Effects 32


A14078B_WDC_20170524_WDC_LODGEMENT_20170601 ii

5.12 Effects on Archaeological Values 33 5.13 Effects on Cultural Values 33 5.14 Positive Effects 34 5.15 Suggested consent conditions 35 5.16 Overview of Assessment Criteria 41 5.17 Conclusion of Assessment of Environmental Effects 45

6.0 Statutory Assessment 47

6.1 Part 2 of the RMA 47 6.2 Section 104C - Restricted Discretionary 49 6.3 National Policy Statements 50 6.4 Regional Policy Statement for Northland 50 6.5 Regional Plans – Northland 51 6.6 Whangarei District Plan 51 6.7 Conclusion on Statutory Considerations 55

7.0 Consultation 55

7.1 Neighbouring Properties 55 7.2 Tangata Whenua 56 7.3 Written Sign offs 57 7.4 Council / Parks and Reserves 58 7.5 Pre-Application Meetings 58

8.0 Notification 58

9.0 Conclusion 61

Appendices Appendix 1

Application Form - Whangarei District Council

Appendix 2

Location Plan and District Plan Annotations

Appendix 3

Certificates of Title

Appendix 4

Concept Plans of the Proposal


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Appendix 5

Assessment of Ecological Effects

Appendix 6

Assessment of Noise and Vibration Effects

Appendix 7

Assessment of Archaeological Effects

Appendix 8

Assessment of Landscape and Visual Effects

Appendix 9

Surface Water and Hydrogeology Reports

Appendix 10

Geotechnical Assessment

Appendix 11

Erosion and Sediment Control Management Plan

Appendix 12

Assessment of Air Quality Effects

Appendix 13

Decision from Northland Regional Council:

Appendix 14

Written Sign offs

Appendix 15

Assessment of Objectives and Policies


A14078B_WDC_20170524_WDC_LODGEMENT_20170601 1

1.0 Applicant and Property Details

A completed application form is enclosed as Appendix 1. A summary of the details relating to the applicant and the site of the proposal are as follows:

To: Whangarei District Council

Applicant’s Name: GBC Winstone, a division of Fletcher Concrete and infrastructure Limited

Address for Service:

GBC Winstone PO Box 17-195 Greenlane Auckland 1546 Attn: Ian Wallace – Environmental Projects Leader Phone: +64 (21) 673 430 Email: [email protected]

GBC Winstone PO Box 17-195 Greenlane Auckland 1546 Attn: Ian Wallace Phone: +64 (21) 673 430 Email: [email protected]

Address for Fees: GBC Winstone (as above)

Site Address: Quarry Road, Raumanga, Whangarei (refer to the Location Plan in Appendix 2)

Legal Description: Part Lot 2 DP 53728 Part Lot 2 DP 363982

(refer Certificates of Title in Appendix 3)

Owner/Occupier Name and Address: GBC Winstone, a division of Fletcher Concrete and Infrastructure Limited

Site Area: Part Lot 2 DP 53728 - Approx. 37.4 ha Part Lot 2 DP 363982 - Approx. 3.3 ha Combined Site Area = Approx. 40.7 ha

Operative Whangarei District Plan Zoning / Resource Areas

Zoning – Countryside Living and Living 3 Mineral Extraction Area (ME3) Overlay “Winstone Aggregates – Otaika Quarry and access way” – Appendix 14 of Whangarei District Plan. Flood Susceptible Areas Gas transmission pipeline designation (DVG1), located adjacent to southwestern boundary of the site (refer to District Plan References in Appendix 2)

Northland Regional Plan Features: Whangarei Airshed, as identified in Regional Air Quality Plan for Northland

Pre-Application Reference Number:

To date, pre-application meetings have occurred with Mr Murray McDonald (Resource Consents Manager) on 27 October 2016 and 15 December 2016 by representatives of GBC Winstone.



2.0 Description of Site and Surrounding Environs

The site is located immediately east of the existing Otaika Quarry, Raumanga, Whangarei.

The site is held in two parcels of land. The larger parcel is legally described as Part Lot 2 DP 53728 (with an area of 37.4 hectares) and a smaller parcel legally described as Lot 2 DP 363982 (with a site area of 3.3 hectares). These two parcels which form the Site, are known collectively as the ‘Pegram block’.

The site is owned by GBC Winstone, a division of Fletcher Concrete and Infrastructure Limited.

It is accessed by Quarry Road, a private road also owned by GBC Winstone. Quarry Road provides direct access from State Highway 1.

The site has a gently undulating terrain and rises generally toward the western, northern and eastern boundaries and flattens out towards the central part of the southern boundary, creating a natural basin land profile.

Highly-modified watercourses and wet seepage areas are located on the Pegram block. The main watercourse on the site is a tributary of the Te Waiiti Stream which runs generally through the centre of the Site in west to east direction towards Quarry Road, where it is contained in a culvert that runs out of the site, under the road, to a wetland area adjoining Otaika Sports Park. This watercourse has relatively steep banks, a gravel bottom and very little riparian vegetation.

Limestone outcrops and siltstone outcrops have been observed at surface level on the site towards the northern boundary of the site and also on adjoining Lot 1 DP 207516 (being 52 Acacia Drive) as noted in the Geotechnical Assessment undertaken by Tonkin and Taylor contained in Appendix 101

The site is predominantly in pasture and is used for stock grazing under lease from a local farmer. There are two pockets of existing mature trees on the site with the largest of these in the middle of the site towards the northern boundary. The western stand comprises a mixture of eucalypts, acacia and totara, and the eastern stand generally comprised of totara with celery pine and a few small kauri. There also some small stands of trees and other scattered vegetation on the site, and vegetation located along some sections of the stream. The understory of the trees, the scattered vegetation, the watercourses and other wet areas are all unfenced and fully accessible to grazing stock. The Assessment of Ecological Effects in Appendix 5 provides a fuller description of the watercourses, wet areas and the terrestrial vegetation on the site and assesses the ecological quality of these areas..

The Assessment of Archaeological Effects in Appendix 7 notes no archaeological sites have been recorded on the site of the proposed overburden disposal area however sites have been recorded in close proximity. The sites closest to the proposed overburden disposal area are Q07/545 (a botanical site containing remnants of taro patches) and Q07/913 (a historic lime burning site). The assessment notes also a cave system west of the site could have also been used by Maori. A previously unrecorded site Q07/1416 (midden) on the site was also identified in the Assessment of Archaeological Effects in Appendix 7.

The site is bound to the north by the Acacia Park, being a 46 lot gated residential community. The Acacia Park area is zoned Living 3 in the District Plan which provides for low density residential subdivision and development. Acacia Drive is the main access road through the subdivision with allotments on both sides of the road and other allotments situated on cul de 1 Refer Figure 3-1, Tonkin and Taylor, Geotechnical Assessment, in Appendix 10.



sacs / right of ways off Acacia Drive. The properties on the southern side of Acacia Drive directly adjoin the site. It is noted that Lot 1 DP 207516 (being 52 Acacia Drive located at the western end of Acacia Drive) is also located within the Buffer Area of Mineral Extraction Area (MEA3) – Otaika Quarry as identified in the District Plan. A Notable Landscape Overlay as identified in the District Plan is also located over part of Lot 1 DP 207516 in the District Plan. Further recorded archaeological sites Q07/913 (historic lime burning site) and Q07/914 (burial ground) are also located on 52 Acacia Drive as detailed in the Archaeological Assessment in Appendix 7.2

An established residential area located round Smeaton Drive is situated to the east of the site. The site is zoned Living 1, which provides for medium density residential subdivision and development. Some properties within the western part of the Smeaton Drive residential area adjoin the eastern boundary of the Peagram block.

The site is bound immediately to the south east by Quarry Road. It is noted a recorded archaeological site being Q07/545 (botanical evidence) is located on the western side of Quarry Road. 3 The Otaika Sports Park and Te Waiiti Stream is situated immediately beyond Quarry Road. The Otaika Sports Park has an underlying zone of Countryside Living in the Operative District Plan.

The western boundary of the site directly adjoins the established and authorised Otaika quarry operated by GBC Winstones. A land use consent is held by GBC Winstone (formerly Winstone Aggregates) for the continued operation of the Otaika quarry (WDC Council Reference: P041293.LU RC 38907). The Otaika quarry also has an underlying zoning of Countryside Living in the Operative District Plan. The Otaika Quarry and access way also has a Mineral Extraction Area overlay (MEA3) and is specifically identified in the Schedule of Existing Mineral Extraction Areas in Appendix 14 of the Operative District Plan.

Beyond the site to the north west, is land known as the Ruarangi Block which is managed by the Ruarangi Trust Board. This Ruarangi block directly adjoins the north western boundary of the existing Otaika quarry. The Ruarangi Block is zoned Countryside Living and is also located within buffer area of the Mineral Extraction Area overlay (MEA3) as annotated in the District Plan. A Notable Landscape Area is also located on the Ruarangi Block as identified in the District Plan.

The Otaika Valley Scenic Reserve and recreation network including the Otaika Valley Walkway lies further west of the Otaika quarry.

A gas pipeline (annotated in the District Plan as designation DVG1) runs along the south western boundary of the Pegram block. This pipeline is operated by First Gas.4 Refer to the Location and District Plan context maps contained in Appendix 2 of this assessment.

2 Refer Figure 5, Archaeological Assessment in report by Clough and Associates in Appendix 7. 3 Refer Figure 5, Archaeological Assessment in report by Clough and Associates in Appendix 7 – Assessment of Archaeological Effects. 4 Written approval of First Gas is contained in Appendix 14 – Written Approvals.



3.0 The Proposal

GBC Winstone seek to provide for the placement of overburden from the Otaika quarry on the Pegram block. Both regional consents and land use consents under the Resource Management Act (‘RMA’) are required to provide for the placement of overburden on the site.

This Assessment of Environmental Effects (‘AEE’) assesses the effects of the activities for which land use consents are required from the Whangarei District Council.

Those activities which require approval from the Northland Regional Council were granted approval on 27 April 2017. The decision and consent with conditions is contained in Appendix 13.

3.1 Background Otaika quarry is the largest commercial quarry in the Northland region. The quarry is recognised as a regionally significant mineral resource in accordance with Policy 5.1.4 of the Regional Policy Statement for Northland.

Otaika quarry has been operating as a quarry since the 1950’s. GBC Winstone took over ownership of the quarry in 1964 and has been operating and managing the quarry for approximately 53 years. GBC Winstone purchased the site, known as the Pegram block, in November 2006 as a strategic landholding for the long-term development of the quarry. The quarry currently operates 5 and a half days a week and employs 14 to 18 full time staff and 5 to 6 contractors (depending on the market demand for aggregate).

Otaika quarry manufactures a full range of aggregates for the use in roading, civil construction, concrete, drainage and building markets. Currently the quarry supplies 80% of the aggregates sales in the Northland region and is the predominant supplier of high grade roading and concrete aggregate products to Whangarei District. Product from the quarry is also sold beyond the region, further contributing to the regional economy.

GBC Winstone has calculated Otaika quarry has in excess of 100 years of extractable aggregate resource available within the currently consented quarry footprint, based on full extraction and the projected future demand for aggregate. Further GBC Winstone has calculated over the next 35 years, over 2 million cubic metres (m3) of overburden will need to be removed and disposed of, to provide for the projected demand for aggregate.

Presently the overburden being removed from the Otaika quarry is being placed to the north of the existing quarry pit within the consented quarry footprint. It has been calculated that this existing area can only accommodate a small amount of additional overburden and has insufficient capacity to accommodate the projected demand for over 2 million m3 of overburden over the next 35 years. This existing overburden disposal area within the quarry footprint also sits over aggregate resource that is planned for future extraction, which further constrains the future use of this existing disposal area.

3.2 Disposal of overburden on Pegram block GBC Winstone has investigated and carefully assessed a range of options for a new overburden disposal area based on a range of factors. From these investigations, the company has determined the proposed overburden disposal area located towards the south-western end of the



Pegram block and directly adjacent to the quarry footprint, as the most suitable site. Concept plans for the proposed overburden disposal area are contained in Appendix 4 of this report.

Factors contributing to the suitability of the proposed overburden disposal area on the Pegram block include close proximity to the Otaika quarry operation with short hauling distances from the quarry, the ability of the site not to require the haulage of overburden on public roads, the site has a calculated capacity for approximately 2.4 million m3 of overburden and the land is owned by GBC Winstone (a division of Fletcher Concrete and Infrastructure).

3.3 Characteristics of overburden material As discussed, the material to be deposited on the Pegram block is referred to as ‘overburden’. Overburden is material overlying the greywacke resource and comprises topsoil, clay, greensand, limestone and highly weathered greywacke and contains less than 1% of vegetation. Due to the physical and chemical characteristics of overburden, it is generally not suitable for any large scale commercial uses such as engineered fill. There is very low demand for the use of this material and presently only very small volumes of overburden are used off-site for bulk fill from Otaika quarry.

All overburden to be disposed with the proposed overburden disposal area will come directly from the adjacent Otaika quarry. There will be no general disposal of fill material brought-in from off-site. The only possible exception is small volumes of topsoil that may need to be brought in and placed on the overburden, as part of site restoration works.

GBC Winstone confirms that the overburden coming from the Otaika site will not be contaminated.

3.4 Form and design of the overburden placement area Concept plans of the proposed overburden disposal area are contained in Appendix 4. In total, approximately 2.4 million m3 of overburden is proposed to be placed in the Pegram block.

The final footprint of the overburden disposal area is designed to be 16.7 hectares in area.

The overburden disposal activity will occur in two distinct phases being an ‘enabling works’ phase and a ‘general works’ phase.

The enabling works are preparatory/ construction works required to be undertaken prior to the successive overburden campaigns during the general works phase. It is anticipated the enabling works will be completed over the first two earthwork seasons (depending on the weather conditions). Larger volumes of earthwork activities (approximately 400,000 m3 per season) will be undertaken over these first two earthwork seasons of the enabling phase, than compared to later individual overburden campaigns undertaken in general works phase. This was a design consideration by the applicant, where it was decided to complete the enabling works in close proximity to the residents of Acacia Park as soon as practicable to minimise the duration of activities close to these residents.

The general works involve the placement of overburden, and will occur as a series of overburden campaigns. It is estimated that 300,000m3 of overburden will likely be placed in an individual overburden campaign, depending on the market demand for aggregate and overburden volume being removed from the quarry. It is anticipated that each overburden campaign will typically last 6 months to 8 months.



The enabling works and general works incorporate different material types and placement methodologies.

All enabling works and general works will generally be undertaken over the months of October to April however there may be occasion to deposit overburden at other times. Appropriate erosion and sediment control measures and procedures will be put in place whenever the earthworks are undertaken which will include consideration of the time of year the works are to be undertaken. The timing for each overburden campaign will be provided in an Erosion and Sediment Control Plan to be submitted to the Northland Regional Council prior to the commencement of any overburden campaign5. (refer Appendix 13)

GBC Winstone anticipates that the placement of overburden during the general works phase will typically take place at 3 to 5 year intervals over the forthcoming 35 years, depending on the market demand for aggregate. As a result, the overburden disposal activity can be viewed as an infrequent and temporary but reoccurring activity, with no works occurring on site for much of the time over the 35-year duration of the consent.

3.5 Phase 1 - Enabling works As stated above, the enabling works are preparatory works required to be undertaken in advance of the general works. Refer Appendix 96.

The enabling works will include:

• Securing the site which includes the placement of signage along the boundary with Grove Lane and Acacia Park, and commencement of amenity screen planting;

• Initial stripping and storage of topsoil; • Progressive construction of the haul roads; • At the toe area of the OBDA, excavation of unsuitable materials, construction of the

shear key and toe buttress and placement of mattressed material; • Filling and placement of mattressed material in a broad gully system including an

unnamed tributary of Te Waiiti stream; • Diversion of the tributary of Te Waiiti stream and creation of a new stream channel with

riparian rehabilitation works; • Installation of a site drainage works including subsurface drainage network.

As stated above, these enabling works will be completed within the first two earthworks seasons following the commencement of the consents, depending on the weather conditions.

3.5.1 Amenity planting7

The stands and existing vegetation under the final footprint of the enabling works and general works will be removed progressively before earthwork activities are started in a particular area. It is not proposed to clear all vegetation under the footprint area at the outset of the project. Given the long time frame for the project, this will mean that some areas of existing vegetation will remain in place for many years before being removed.

5 Refer Appendix 13 -iConditions 2 and 3 of Resource Consent granted to GBC Winstone by Northland Regional Council dated 27 April 2017. 6 Refer Appendix 9- Letter from Tonkin and Taylor, Assessment of Adverse Effects of Land Stability, Dated 5 May 2017. 7 Refer Appendix 8 – Assessment of Landscape and Visual Effects by Boffa Miskell Limited, May 2017



As part of the enabling works, (and before any physical works occur on the Site), a 10 m wide area along the boundary of the site with Acacia Park will be fenced off with a standard post and wire farm fence. Three offset rows of fast-growing trees (2 rows of matsudana willows and 1 row of blackwoods) will planted within the fenced area to act as screen planting for amenity purposes. This is discussed in more detail in the Landscape and visual Effects Assessment in Appendix 8.

3.5.2 Stripping and storage of Topsoil

Topsoil will be stripped as required, for the construction of the haul roads, shear key and bund and for placement of foundation material. The topsoil is approximately 300 mm in depth across site. Topsoil will be carefully removed and stored on site for progressive use for rehabilitation of final surfaces. The topsoil will be disposed on the northern side of the main haul road. It has been calculated that there will be an approximate total of 50,100m3 of topsoil stockpiled and progressively used over the anticipated 35-year life of the project. It is proposed that all topsoil stockpiles will not exceed 3 metres in height and will be managed to minimise the potential generation of nuisance dust.

3.5.3 Haul Roads

The main haul road will be constructed as part of the enabling works and is shown on the plans in the Erosion and Sediment Control Management Plan in Appendix 12. The main haul road will be approximately 20 metres wide with a dual carriageway. The haul road will have an approximate length of 700 metres, with an anticipated maximum grade 1:10. It will have a hard compacted surface and will be constructed by scraping off the soils and compacting the surface with quarry material. It is anticipated that the cut and fill volume to construct the main haul road will be approximately 5,800m3 and 1,400m3 respectively. Soil from the construction of the main haul road will be mounded along the western side of this road. A small bund will also be constructed on either side of the main haul road to capture and channel stormwater runoff which will be directed to a settling area. These measures to manage the potential discharge of sediment on the main haul road will be put in place at the time of construction of the haul road.

Temporary haul roads may also need to be constructed leading from the main haul road to the site, to where the enabling works or an overburden campaign are occurring at the time. These temporary haul roads will be constructed in the same manner as the main haul road. The temporary haul roads will shift over time to enable the most efficient route to access the enabling works or the overburden campaign. The temporary haul roads and parts of the main haul road will retract back towards the south-west as they are progressively buried by overburden placement, as development progresses.

The haul roads will be used by dump trucks carrying overburden material from the Otaika quarry to the overburden disposal site on the Pegram block.

The dump trucks will be refuelled and stored within the existing Otaika quarry site overnight, and not within the overburden disposal area. There will be no fuel storage on the overburden disposal site. The excavator and bulldozer used as part of the overburden disposal operation will be refuelled on site by a mobile tanker.

All haul roads will be inspected regularly by the site supervisor and kept well maintained to minimise the potential generation of nuisance dust.



3.5.4 Construction of shear key, bund (toe buttress) and placement of mattressed material

Following construction of the main haul road, the construction of the shear key, toe buttress and an initial mattressed material that will support the placement of overburden will commence.8

The shear key will be constructed by excavating and removal of soft or weak soils down to solid foundations and placing granular fill (weathered greywacke rock fill) taken from the Otaika quarry. It is anticipated that the construction of the shear key will take approximately 3 to 4 weeks. The purpose of the shear key is to lock the bund (toe buttress) in place acting like an anchor for the material placed behind it. The shaping of the shear key will be contoured by bulldozer.

The construction of the toe buttress will commence following the completion of the shear key. The toe buttress will also be comprised of weathered rock fill and greensand and be constructed by the bulldozing of the fill material into position. The purpose of the toe buttress is to aid stability by providing load at the toe of the constructed fill slope.

The enabling works will also involve the placement of foundation material being a zone of mattressed material placed immediately behind the toe buttress. The purpose of the mattressed material is to improve the drainage characteristics of the lower parts of the overburden disposal area, which will therefore improve stability and supplement the underfill drainage system that controls groundwater pressure at the contact with the previous ground surface.9 This mattressed material will be compacted against the shear key and toe buttress. Parts of this mattressed material will be overlaid by the overburden to be placed in the later general works phase.

3.5.5 Infilling of watercourse, construction of watercourse realignment and riparian restoration works

As part of the enabling works, the diversion and realignment of an unnamed tributary of the Te Waiiti stream over a length of approximately 500 metres is proposed as well as the installation of a sub soil drainage system. These enabling works are explained in detail in the Surface Water Hydrology Assessment contained in Appendix 10.

Diversion of stream channel – The filling of the existing stream channel is proposed to take place as part of the enabling works to allow access to the stream diversion site. This will block the stream channel prior to the construction of the stream diversion. In addition to the main stream channel, that will be diverted around the overburden disposal area, there are a further three catchments that currently discharge seepage and surface water flow via gullies into the main channel. These minor gullies will also be blocked during the enabling works. The main stream channel will only be blocked until the stream diversion is established. The three minor catchments will be obstructed for the full life of the overburden disposal area.

Temporary subsoil drainage pipes – The connectivity of these flow paths will be maintained using 110 mm diameter subsoil pipes below the placed material with upstream detention provided for high intensity events. For each flow path, there will be subsoil pipes provided, one solid to convey surface water runoff from the upstream side of the overburden disposal area, one slotted pipe to pick up groundwater seepages into the former gully channel.

8 Refer Figure 3-1, Annotated cross section illustrating interrelationship of fill types, Letter from Tonkin and Taylor, Assessment of Adverse Effects of Land Stability, Dated 5 May 2017. 9 Refer Letter from Tonkin and Taylor, Assessment of Adverse Effects of Land Stability, Dated 5 May 2017.



Stormwater detention bund - The upstream detention will be isolated from the overburden disposal area by the construction of a bund ensuring that clean and dirty (sediment laden) water do not mix. The bund will be moved upstream as the overburden footprint is extended in the future overburden campaigns. Overtime, as the overburden disposal area is progressively stabilised and completed, surface water flow will be reinstated across the finished landform.

Riparian restoration works will be undertaken as part of the enabling works, including riparian planting and stock-proof fencing of the proposed stream diversion channel. These works are discussed in further detail in the Assessment of Ecological Effects in Appendix 6.

3.6 Phase 2 - General works

3.6.1 Placement of the overburden

Following the completion of the enabling works, the progressive placement of overburden will commence. General works comprise overburden placement on graded upper slopes and will include a mixture of overburden waste rock and residual clay soils. In general, the softest, wettest soils are typically placed towards the back of the overburden disposal area, with the firmer drier soils placed towards the face front.

The placement of the overburden will occur in the following sequence:

- Topsoil will be stripped and stored in a dedicated storage area on the northern side of haul road or be placed on completed slopes;

- Trucks will travel from quarry and place the overburden in the current campaign area;

- A single bulldozer will move the overburden into place;

- The area of overburden placement will be stabilised.

A site supervisor will oversee the placement of overburden to ensure placement in the correct location and form.

During any overburden campaign, the maximum active working area that will be fully exposed at any time will be no more than 3 hectares excluding haul roads, batter slopes and topsoil mounds.

At the completion of each overburden campaign (after approximately 6 to 8 months), the finalised surface of the overburden area will be spread with topsoil and grassed / hydro-seeded. Any uncompleted slopes will be hydro-seeded. The haul roads will be left open.

The finalised surfaces will be left undisturbed until sufficient grass growth has established. Trees will be planted on the overburden faces at the end of subsequent phases of the overburden placement during the general works phase. The trees will be widely spaced to allow grazing to occur underneath.10

The final completed and stabilised overburden areas will be left undisturbed for a period, until adequate grass growth has occurred, and mitigation planting and stock exclusion fencing has been completed. Light grazing stock will then be released onto the site generally during dry weather conditions.

10 Refer Appendix 8 – Assessment of Landscape and Visual Effects by Boffa Miskell Limited, May 2017



3.7 Hours of Operation The hours of operation sought for the proposed overburden placement activities are as follows as follows:

- Enabling works – 7.30am to 6pm Monday to Friday and 7.30am to 2pm Saturday.

- General works – 7.00am to 6pm Monday to Friday and 7.00am to 2.30pm Saturday.

There will be no overburden placement works outside of these hours including on Sundays and public holidays.

3.8 Traffic generation and vehicle movements The proposed overburden placement activities will generate traffic movements between the Otaika quarry and the site of the proposed overburden disposal being the Peagram block.

During the general works phase, dump trucks will travel from the Otaika quarry carrying overburden material to be placed within the Pegram block. It is anticipated that there will be five trucks operating at any time, and an estimated 16 tips of overburden per hour.

During the enabling works phase, supplementary equipment including additional trucks will also transport materials from the quarry to the Pegram block.

A water cart will also be operating on the site periodically for dust suppression purposes.

There will be no off-site traffic movements generated by the proposal beyond the Otaika quarry and the Pegram block. The only exception may be any truck movements generated by the cartage of topsoil to the site, that may be required as part of the proposed site rehabilitation works.

There will be up to a maximum of 12 staff associated with the overburden placement activities at any time, and the applicant has identified there will be sufficient space available to park these additional vehicles within the existing car parking area located within the Otaika quarry.

3.9 Mitigation measures during enabling works and general works

Ensuring the appropriate mitigation of identified environmental effects, has been a key determinant in both the development of the design and form of the overburden disposal area, and in determining the operational activities associated with both the enabling and general works.

A range of mitigation measures have been adopted to expressly address identified environmental effect as are discussed in Section 5 – Effects Assessment of this report. Suggested conditions of consent are also included in this report that seek to also ensure that identified adverse effects are appropriately minimised or managed.

3.10 Final landform and end use

As stated above, stock grazing will continue on the overall site throughout the entire project with stock being excluded from active areas until these areas are regrassed and stabilised. The final end use of the site use will continue to be pasture with grazing stock.



It is anticipated that based on current market demand, the overburden disposal operation and the establishment of the final landform (including rehabilitation) will occur in approximately 35 years’ time.

The final landform is depicted in the figures in the Landscape and Visual Effects Assessment in Appendix 8.

3.11 Approved regional discharge, diversion and land use consents

As noted above, the Northland Regional Council, granted resource consent to GBC Winstone on 27 April to undertake the following activities:

• The placement of overburden fill from Otaika Quarry, including within a Riparian Management Zone and over the bed of an unnamed tributary of the Te Waiiti Stream. Referenced as AUT.039161.01.01.

• The diversion of unnamed tributaries of Te Waiiti Stream and stormwater from land disturbance activities. Referenced as AUT.039161.02.01

• The placement of drainage within the bed of intermittently flowing streams and beneath the overburden fill site. Referenced as AUT.039161.03.01.

• The discharge of stormwater to water from land disturbance activities. Referenced as AUT.039161.04.01.

This consent will expire 31 March 2052. A copy of the consent including conditions and approved plans is attached in Appendix 13.

4.0 Reasons for the Application

4.1 Whangarei District Plan The site is located in the Countryside and Living 3 zone of the Whangarei District Plan (‘District Plan”) which was made operative on the 3 May 2007 (refer Figures in Appendix 2).

The District Plan also includes “Resources Maps” and these identify the site as being within Mineral Extraction Area (ME3) – “Winstone Aggregates – Otaika Quarry and access way” and the site also has identified with Flood Susceptible Areas in the District Plan. Overburden placement and other associated activities will occur outside of the ME3 overlay and within Flood Susceptible Areas.

No works are proposed on land zoned as Living 3 on the site.

The following section sets out and assesses the key activities proposed in terms of the relevant rules of the District Plan.

4.1.1 Definition of ‘Mineral Extraction’

Chapter 4 – Meaning of words of the District Plan defines ‘Mineral Extraction’ as:



means the excavation of minerals from the ground, including:

• The removal of overlying earth and soil, • The stacking, crushing, storing, depositing, treatment, transportation and sale of excavated

materials, • The removal of unwanted material and the rehabilitation of the site, • The works, machinery and plant used to undertake the activities above.

Note: Text bolded for emphasis

It is noted that the activity of overburden placement or disposal is not explicitly provided for in the definition of ‘mineral extraction’ in Chapter 4 of the Plan above. However, it is considered, that ‘overburden placement’ could be included in this Definition, which effectively provides for a bundle of activities related to ‘Mineral Extraction’ including “The … depositing of excavated materials.” (Refer to bolded text in definition of ‘Mineral Extraction’ above).

In the event that the activity of overburden disposal was determined not to be included within the definition of “Mineral Extraction” as defined in Chapter 4 of the District Plan, the activity of overburden disposal would appear to fall within the definition of ‘earthworks’ defined as:

”means any modification to the shape of the land surface including the removal of soil, excavation, infilling and re-contouring and construction of any road, track, landing or drainage channel.”

Subject to compliance with other permitted activity standards in the District Plan, earthworks are deemed a permitted activity within the Countryside Living zone. Importantly if assessed as an ‘earthworks activity’, the proposed overburden disposal activity would not require a land use consent from the Whangarei District Council provided the activity complied with any other permitted activity performance standards. It is noted regional resource consents would still be required the Northland Regional Council.

Following discussions with staff from the District Council, and to provide certainty to the company, GBC Winstone has taken a cautious approach to the interpretation of the provisions in the District Plan, and is seeking a land use consent for an activity associated with ‘mineral extraction’ as defined by the District Plan.

4.1.2 Mineral Extraction Activity in Mineral Extraction Area (MEA3)

The Mineral Extraction Area provisions in the District Plan seek to minimise the encroachment of incompatible activities, define the areas to which the effect of mineral extraction activities can be contained as far as practicable and to facilitate the operation of the full range of activities associated with commercial mineral extraction activities.

Under Rule 64.3.1 (2) specifies that Mineral Extraction activity in an Active Area of a Mineral Extraction Area is a controlled activity.

Under Rule 64.3.1 (3) Mineral Extraction activity in a Buffer Area is a restricted discretionary activity.

The distinction between the areas with a Mineral Extraction Area Overlay (Active) and a Mineral Extraction Area Overlay (Buffer) is shown on a reproduction of a District Plan map in Appendix 2.

The matters over which the Council has restricted discretion are set out in Rule 64.3.1 and are addressed in the Effects Assessment in Section 5 of this report

The matters over which control and discretion are reserved in Rule 64.3.1 are as follows:



i. The extent to which off-site effects (such as dust, odour and glare) which are not managed by other rules in the Plan, adversely affect the amenity values of sites in the vicinity;

ii. The extent to which off-site effects, which are not managed by other rules in the Plan, will inhibit the use of surrounding land for carrying out of other activities;

iii. The extent of adverse visual impacts on significant landscapes, significant natural areas or natural features;

iv. The extent of any adverse effect on land stability;

v. The extent of any adverse effects on ecological values or water quality, arising from the land use;

vi. The extent of any adverse effect on historic and cultural heritage;

vii. The extent to which landscaping proposals protect the amenity of land adjoining the Mineral Extraction Area;

viii. The extent to which any rehabilitation programme will enable the land to be returned to a state suitable for use by other activities.

In addition, the matters listed as the ‘Content of Management Plan’ in Rule 64.3.1 are also addressed in the Assessment of Effects, Section 5 of this report.

It is also suggested in Section 5 of this report, that as part of any land use consent granted by the District Council, that a condition be imposed requiring the consent holder to submit an Overburden Disposal Management Plan that addresses the relevant matters as set out in Rule 64.3.1.

4.1.3 Mineral Extraction Activity in Countryside Environment Zone

As noted above, part of the proposed overburden disposal activity being a ‘mineral extraction activity’ will occur on land outside of MEA 3 – Otaika on the site, so the rules in Chapter 64 do not directly apply, and the Countryside Environment Zone rules require consideration.

Activity of Mineral Extraction

Rule 38.3.3 specifies that the activity of Mineral Extraction in the Countryside Environment Zone is a restricted discretionary activity where the disturbance or removal exceeds 500m3 of material.

Matters of Discretion – Mineral Extraction Activity

The matters over which control and discretion are reserved in the Rule 38.3.3 3 are as follows:

i. Effects of noise, dust and other nuisances;

ii. Methods and duration of excavation or processing, and trucking activities;

iii. Hours of operation of the activity;

iv. Effects on existing residences and reserves;

v. Effects of road traffic on the amenity, health and safety in the locality;

vi. Effects of increased traffic on road safety, maintenance and efficiency;

vii. Effects on landscape and conservation values of the site and locality;

viii. Restoration and rehabilitations of the site;



ix. Effects of disturbance and stockpiling of topsoil, and measures to conserve and preserve topsoil;

x. Effects of excavation, mineral extraction, transport and processing (including the effects of dust) on any water body or indigenous vegetation;

xi. Effects on coastal land stability and natural coastal processes;

xii. Quality of stormwater runoff;

xiii. Effects of land use on heritage sites, buildings and uses;

xiv. Effects of land use on the relationship of tangata whenua with their ancestral lands, sites, water, waahi tapu, and other taonga;

xv. Effects of mineral extraction processing and transport on the natural character of the coastal environment, wetlands lakes and rivers;

4.1.4 Parking

Rule 38.3.5 specifies that parking must be provided in accordance with Chapter 47 – Transport which refers to Appendix 6A of the District Plan and requires that car parking spaces must constructed in accordance with Whangarei District Council’s Environmental Engineering Standards 2010. Appendix 6A for Mineral Extraction activities also requires 4 spaces for every 5 workers on the site. As stated above, there will be up to a maximum of 12 staff associated with the overburden placement activities at any time.

The overburden disposal activity will occur intermittently over the 35-year duration of the consent, and these parking spaces will only be required during overburden campaigns. The proposal is a permitted activity as the applicant advises that there are at least 8 parking spaces are located at the Otaika quarry to meet the parking requirements of the maximum of staff associated with the overburden disposal activities.

4.1.5 Traffic generation

Rule 38.3.6 specifies that traffic generation that exceeds 30 traffic movements in any 24-hour period is a restricted discretionary activity. The rule notes that if the activity under consideration is a mineral extraction activity and it is located within a Mineral Extraction Area then the requirements for that activity will be determined in accordance with the rules in Chapter 64.

The proposed overburden disposal will generate traffic movements during campaigns between the Otaika quarry and the Pegram Block that exceed 30 traffic movements between the two sites, Based the District Plan’s definition of ‘Site’, consent will therefore be required as a restricted discretionary activity. Traffic circulation will be largely internal located within the Mineral Extraction Area with limited movements associated with the overburden disposal outside of this area.

4.1.6 Signage

Rule 38.3.7 specifies that signs required under health and safety legislation that are visible from public place or neighbouring properties is a permitted activity and provided that the proposed sign(s):

i The sign is required under health and safety legislation; or



ii The sign is erected by a road controlling authority for the purposes of traffic control or public

safety and it is located within the legal road reserve

iii The sign relates to good and services available on site or is a property name or is a

community sign;

iv The sign does not obscure any official signs or traffic signals

v. The sign is static, not flashing and not illuminated;

vi. No more than 1 sign is displayed per site; and

vii. The sign is no higher than 3.0 metres; and

viii The sign is no larger 3.0 m2 in the Countryside Environment or 2.0 m2 n the Countryside

Coastal Environment

ix Where the road has a speed limit of 70 kph or greater; the sign is located so as to provide an

unrestricted view to the motorists for a minimum distance of 250.0m.

All signage on the site associated with the overburden disposal will be designed in accordance with the permitted activity standards in Rule 38.3.7 of the District Plan. Signage required to meet the health and safety obligations of the applicant will be installed on the site.

4.1.7 Lighting

Rule 38.3.9 specifies that an artificial lighting is a permitted activity if either:

a) The lighting is required under health and safety legislation; or

b) The light is a street light, navigation light or traffic signal

c) The following standards are complied with;

i. The added illuminance onto any other site measured at the boundary does not exceed 10 lux at any receiving property boundary or 15 lux at any road reserve boundary; and

ii. The artificial light is shielded in such a manner that light emitted by the fixture is projected below a horizontal plane running through the lowest point on the fixture; and

iii The lower edge of the shield as required by ii) above, is to be at a centreline of the light source; and

d) The light is static and is not moving (except in the case of lighting on vehicles associated with mineral extraction and related activities or flashing beacons in accordance with the Land Transport Road Use Rule 2004

e) The artificial lighting complies with AS/ NZS 1158/1996.

All artificial lighting on the site associated with the overburden disposal will be designed in accordance with the permitted activity standards in Rule 38.3.9 of the District Plan. As there are no works proposed in the evening, the only lighting anticipated may be any security lighting required from time to time.



4.1.8 Outdoor storage or stockpiles of material

Rule 38.3.16 specifies that outdoor storage or stockpiles of material or equipment are a permitted activity where in summary any stockpiles:

• comply with building height rules - refer Rule 38.4.3 which specifies a 10m building height); and

• comply with the relevant setbacks rules -- refer Rules 38.4.5 (Building setbacks) and 38.4.6(b) (Building setbacks from Water Bodies);

• are contained or maintained to prevent the dispersal of dust or airborne contaminants beyond the site;

• are screened from view from public places and surrounding sites except where such materials or equipment includes functioning machinery, stockpiles of mineral resources or construction materials; and

• the best practicable option is adopted to prevent or minimise contaminants from stockpiles entering watercourses or water bodies.

All temporary storage of topsoil and any other material stored on the site will comply with the permitted activity standards in Rule 38.3.16. In summary the temporary storage of topsoil and any other material will be no higher than 3 metres in height, and will be set back at least 5 metres from any property boundary and 20 metres from any watercourse. It is noted that stockpiles of mineral resources or construction material (which could include topsoil) is excluded from the requirement to screen from public places.

4.1.9 Clearance of indigenous vegetation

Rule 38.3.18 of the District Plan specifies that destruction or clearance of indigenous vegetation11 in the Countryside Environment is a permitted activity where the vegetation clearance is:

• a contiguous area of 5.0ha or more of predominantly indigenous vegetation; or • in any area of 1.0ha or more of predominantly indigenous vegetation over 6.0m in

height; or • In an indigenous wetland.

and these activities comply with the permitted activity standards specified in Rule 38.3.18.

The vegetation affected by the works comprises isolated groves of trees that meet neither the threshold of 5.0 ha or more of predominantly indigenous vegetation or the threshold of 1.0ha or more of predominantly indigenous vegetation over 6 metres in height as assessed in the Assessment of Ecological Effects contained in Appendix 6.

The Assessment of Ecological Effects contained in Appendix 6, has assessed and determined that none of the wet seepage areas on the site meet the following definition of ‘indigenous wetland’ in the District Plan.

The District Plan defines Indigenous Wetland as follows:

means a naturally occurring wetland of 50m2 or more (with a minimum width of 5 metres) which is permanently or seasonally wet (in that the water table is at or near the ground surface during high water table conditions), and which is dominated by indigenous wetland plant species including all or some of the following:

11 'Indigenous Vegetation’ means plants which belong naturally in the ecological locality and includes Manuka, Kanuka, in Chapter 4 – Whangarei District Plan.



i. Raupo

ii. Flax

iii. Sedge associations

iv. Kahikatea

v. Cabbage tree

vi. Manuka/kanuka on peatlands

vii. Mangrove and saltmarsh

viii. Kuta

…

Overall it is considered that the proposed clearance of vegetation including indigenous vegetation contained within the footprint of the proposed overburden disposal area is a permitted activity.

4.1.10 Natural Hazards Rules

Rule 56.2.3 specifies that earthworks in a flood susceptible area as identified on Resources Maps are a permitted activity where the activity is designed to accommodate the flood hazard and will not create any adverse effects upstream or downstream nor endanger human life. The reports by Tonkin and Tayler in Appendix 10 assess effects of the proposal on surface water hydrology and groundwater hydrogeology, and recommend subject to finalisation of the designs that the proposal will meet the standard in Rule 56.2.3 of the Plan.

4.1.11 Noise and Vibration

The noise rules of the Whangarei District Plan have been subject to a Plan Change (Plan Change 110). The relevant noise rules are set out below.

The Pegram Block is zoned Countryside and the Mineral Extraction Area Overlay (ME3) also straddles the site.

Rule 6 specifies that any activity that can comply with the standards set out in NAV.6.1 - NAV.6.15 is a permitted activity.

The relevant standards are described in detail in Section 6 of the Noise and Vibration Assessment by Marshall Day contained in Appendix 6 of this report. These standards in the District Plan are summarised below:

NAV.6.1 Noise Arising from Activities within Environments

Noise emitted from any site in the following Environment

Noise measured within the applicable boundary of any of the following Environments (refer to following table for applicable assessment location)

Daytime 0700 to 2200 hours

Night-time 2200 to 0700 hours

dB LAeq dB LAeq dB LAFmax

All Environments other than:

Business 2

Business 4

Living 1, 2 and 3 50 40 70

Countryside

Open Space

55 40 70



Marsden Point Port

• The above noise rules apply using a ‘Notional Boundary’ assessment in the Countryside Environment and for any noise sensitive activity not owned or controlled by the quarry owner or operator in a mineral extraction area.

• Where the activity is a Mineral Extraction activity, NAV.6.1 does not apply and the limits and

stated timeframes in Appendix 14 are instead as follows:

Appendix 14 - Schedule of Existing Mineral Extraction Areas

Winstone Aggregates – Otaika Quarry and access way

Daily, between the hours of 0630 and 2130 - 55dB LAeq; and

Daily, between the hours of 2130 and 0630 - 45dBA LAeq; and 70dBA LAFmax; and

Subject to any restrictions on night time operation of the access way contained in LUC RC38907, as may be amended from time to time

Rule NAV 6.2 specifies that noise from construction activities must comply with the guidelines and recommendations of NZS 6803: 1999 “Acoustics - Construction Noise”. Noise levels shall be measured and assessed in accordance with New Zealand Standard NZS 6803: 1999 “Acoustics - Construction Noise”. As noted in Section 6.4 of the Noise and Vibration assessment by Marshall Day (refer Appendix 6), the noise and vibration performance standards in the District Plan that apply to this application can therefore be summarised as follows:

- Enabling works – 70dB LAeq and 85dBLmax between 0730 and 1800 hours Measured and assessed in accordance with NZS6803:1999.

- General Works within ME3 Overlay – 55BLAeq between 0630 and 2130 hours at notional boundary of properties zoned Living 3 and the site boundary for those zoned Living 1. Measured and assessed in accordance with NZS6801 and 6802:2008.

- General Works outside ME3 Overlay – 50dBL between 0700 and 2200 hours at the notional boundary of properties zoned Living 3 and the site boundary for those zoned Living 1. Measured and assessed in accordance with NZS6801 and 6802:2008.

- During Enabling Works, vibration shall not exceed 1mm/s PPV between 0700 and 2200 hours at any occupied noise sensitive activity or visitor accommodation.

4.2 Proposed Plan Changes to District Plan Ten proposed plan changes (Plan Change 102: Minerals Plan Change and Plan Changes 85, A-D and 86A and B: Rural Environment Plan Changes) to the Whangarei District Plan were notified on 10 August 2016 with submissions closing on the 3 October 2016. Further submissions closed



on 20 December 2016. In summary these plan changes relate to provisions managing activities in the rural and coastal environment, strategic rural industries and mineral extraction activities.

At the time of lodgement of the applications for land use, a decision on submissions had not been released and the proposed rules relevant to this proposal do not relate to matters set out in section 86B (3) whereby a rule may have immediate legal effect.

Consequently, no rules in the proposed plan changes are considered relevant to this proposal.

It is noted that the weight, the relevant objectives and policies in these Plan Changes in particular in Plan Change 102 – Minerals have been considered in the assessment of relevant objectives and policies contained in Appendix 15 of this report. However, given the early stage of development of these proposed plan change provisions in the District Plan, limited weight is to be given to these provisions in the assessment of the proposal.

4.3 Activity Status - Land use consent Overall the proposed overburden disposal activity is considered to be a ‘mineral extraction’ activity which requires land use consent in accordance with Rules 64.3.1.2, 64.3.1.3, 38.3.3 and 38.3.6 of the District Plan and is deemed overall to be restricted discretionary activity.

4.4 Other resource consents sought Resource consent for the activities within the jurisdiction of the Northland Regional Council were granted on 27 April 2017.

This resource consent enables GBC Winstone to undertake the overburden disposal activity as set out in section 3.0 above. This comprises approval for the placement of overburden fill from the Otaika Quarry within a Riparian Management Zone and over the bed of tributary of the Te Waiiti Stream; the diversion of the Te Waiiti Stream and stormwater; the placement of drainage within the bed of a tributary of the Te Waiiti Stream; and, the discharge of stormwater from land disturbance activities. The activities are managed under the Regional Water and Soil Plan for Northland.

The application also included technical information confirming that the proposed works would be a permitted activity under the Regional Air Quality Plan for Northland. The decision of the Regional Council has confirmed the activity was permitted under the Regional Air Quality Plan for Northland. The proposed management methods in relation of the management of air quality and in particular dust nuisance are detailed below in section 5 of this application.

It is also noted an authority under section 44 of the Heritage New Zealand Pouhere Taonga Act 2014 will be sought prior to the commencement of any works and activities associated with the proposed overburden disposal.



5.0 Assessment of Environmental Effects

This section of the report assesses the effect of the activities associated with the proposed overburden placement. Particular regard has been had the matters over which the Council has restricted its discretion under Rules 64.3.1.3 and 38.3.3 of the District Plan.

5.1 Environment The environment of the Pegram block is described in detail in Section 2 above and is briefly summarised to include:

• Gently undulating land used for pastoral grazing with a natural basin form;

• A tributary of the Te Waiiti Stream runs through the centre of the site and eastern edge the footprint of the overburden disposal area. There are other wet seepage areas though the site. Limestone out crops and siltstone have been noted towards the northern boundary of the site.

• Vegetation on the site is modified comprising native and exotic species;

• The stream and vegetated areas are unfenced and are accessible to grazing stock;

• The Pegram block is bound directly to the north by the Acacia Park gated residential development. To the east is the median density residential development is established in the Smeaton Drive area;

• The Pegram block is bound to the south by Quarry Road, owned by GBC Winstone and beyond this is the Otaika Sports Park and Te Waiiti Stream. To the west is the existing authorised Otaika quarry operation.

The existing environment is discussed in the technical assessments contained in the appendices to this report including the Assessment Landscape and Visual Effects (refer Appendix 8), the Assessment of Ecological Effects (refer Appendix 5). The existing noise environment is described in detail in the Assessment of Noise and Vibration Effects in Appendix 6. Archaeological records identified on the site are discussed in the assessment of archaeological effects in Appendix 7.

5.2 Permitted Baseline The permitted baseline refers to the adverse effects of permitted activities on the subject site. Under s104(2) of the RMA, a consent authority may disregard an adverse effect if the plan (or a national environmental standard) permits an activity with that effect for the purposes of forming an opinion as to whether there are any actual or potential effects on the environment of allowing the activity. The site is identified as Countryside Environment and overlain by the Mineral Extraction Area 3 (MEA3) in the Whangarei District Plan. It is considered that the starting point in determining the permitted baseline on which effects are to assessed, is the existing environment with permitted, non-fanciful activities.



The Countryside Environment zone seeks to provide for a wide range of traditional rural activities including quarrying in the District. In the zone, any activity is permitted with the exceptions (i.e. activities that do require consent) listed in Rules 38.3.1 and 38.3.2 and these are summarised as follows: commercial activities with a potentially noxious element, activities that involve food irradiation, activities classified as an offensive trade, commercial or industrial activities being undertaken in a building in excess of 500 m2 gross floor area, commercial or industrial activities that are located within 100 m of an existing residential building on a separate site or the open space environment, new plantation forestry located within 30m of an existing residential building on a separate site, activities which involve hazardous substances that do not comply with permitted standards. A level of mineral extraction is also provided for as a permitted activity up to 500m3 provided there is no blasting and excavations. As noted above, earthworks are also a permitted activity, subject to compliance with relevant performance standards in the Countryside Living zone in the District Plan.

With respect to the Mineral Extraction Area provisions, the Plan has identified mineral extraction areas to minimise the encroachment of incompatible activities, define the areas to which the effect of mineral extraction activities can be contained as far as practicable and to facilitate the operation of the full range of activities associated with commercial mineral extraction activities. Given the intent of these provisions, the District Plan permits up to 5,000m3 of material to be disturbed or removed on the site in any 12- month period and excavation located at least 20m from the boundaries of the Mineral Extraction Active Area. These provisions also provide for up to 100 traffic movements in any 24-hour period, buildings up to 15m in height or 10m where they are at least 10m from the edge of active area.

There are no approved consents that can be considered relevant in terms of the permitted baseline.

It is therefore considered that permitted non-fanciful activities that could potentially occur in the Countryside Environment and Mineral Extraction Area overlay over time, could include a range of rural production activities including small scale mineral extraction, and rural commercial and industrial activities (including production forestry, pastoral farming and pig and other intensive farming operations) and earthworks / clean fill activities.

Further there is a range of permitted activities in Countryside Living zone and Mineral Extraction overlay that are clearly contemplated in the Plan from which a reasonable comparison of effects can be drawn when assessing the proposed overburden disposal activity, particularly in assessing landscape and visual effects, noise and vibration and dust generation effects. However there are features of proposed overburden disposal activity that also differentiate the activity including the physical scale of the proposal and the intermittent nature of the activity (i.e. earthwork campaigns occurring every 3 to 5 years over a 35-year time frame). Accordingly while it is considered that the permitted baseline of the Mineral Extraction Area overlay and Countryside living zone is clearly relevant in assessing the effects of the proposed overburden disposal activity, this assessment of effects has not disregarded any adverse effects of the proposal at this time.

5.3 Existing Amenity To enable mineral extraction activity within the Otaika quarry the proposal seeks the necessary land use consents to use Pegram Block for overburden placement. The overburden placement will affect amenity values and in order to assess the actual and potential effects of the proposal, it is considered is important to establish a baseline within which these effects can be considered.

The Act defines ‘amenity values’ as:



“…those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes”

As noted above in Section 3.1, the Otaika quarry has been operating as a quarry since the 1950’s and the Pegram block, was acquired in 2006 as a strategic landholding for the long-term development of the quarry. The overburden placement activity will largely occur on land within the Mineral Extraction Area overlay and also on land identified Countryside Environment.

The enabling nature of the Countryside Environment is consistent with the overview of the environments set out at Part C 5.2 of the District Plan which states:

“The Countryside Environment tends to be used predominantly for primary production, but is also used for low-density residential purposes. When choosing to live in a rural area, people must expect and accept a certain level of odour, noise and other effects which are characteristic of primary production, recognising the scale and intensity of these activities which contribute to rural character. Rural areas do, however, tend to have high amenity values, due primarily to the following characteristics:

• The intermittent nature of most agricultural activities;

• Open landscapes and views;

• A low intensity of development;

• Feelings of remoteness and community;

• Low noise levels, particularly at night;

• A high degree of privacy;

• Daylight and sunlight access;

• Low levels of vehicular traffic;

• Green 'unspoiled' landscape with indigenous vegetation.”

As outlined in section 5.2 and 5.3 above the Pegram block is used primarily for grazing, however a range of rural production and other commercial and industrial activities are provided for by the Countryside Environment and Mineral Extraction Area overlay.

Activities that could occur on the site include major cleanfilling and earthworking operations, which whilst needing consents from the Regional Council could be a permitted activity under the District Plan so long as they comply with the permitted activity standards for various noise, vibration and other general nuisance provisions. It is in this context that the effects on amenity values must be assessed.

Determining amenity values on the Pegram block is subjective and shaped by individual perceptions. Guidance is provided in “Managing Rural Amenity Conflicts – Ministry for the Environment, February 2000,” which notes:

“Existing activities and the effects that they (legitimately) create are component parts of the natural and physical environment. They contribute to and partly define the nature and amenity of rural areas (…). In defining the environment and the nature of rural amenity, councils must recognise the impact that legitimate existing activities have on amenity conditions. In defining the attributes and quality of rural amenity, the environment should be described in terms of what actually exists. If the environment features periodic smells and noise and smoke then it should be described as such rather than as a pristine landscape.”

In this instance whilst the residents of the adjoining residential properties appreciate the continued use of the Pegram block for low intensity grazing and retention of modified natural values, as



noted in the Landscape and Visual Assessment (refer Appendix 8), visual amenity can change and evolve overtime.

To consider the current amenity values attributed to the Pegram block, these can be summarised as follows:

• Outlook and character –the Pegram block is currently comprised of pasture, scattered areas of vegetation and the central watercourse. These uses/elements could change and it could reasonably be expected that the landform could change. Whilst not industrial or commercial in nature, rural production and cleanfill and earthworking operations could be undertaken and result in considerable changes. There are no constraints regarding the area and the heights of cuts and fills leading to a significant change to the appearance of the land in the district plan for these activities. In addition, there are few controls regarding the establishment of vegetation, excluding the establishment of plantation forestry within 30m of a residential boundary, which could result in significant modification of the character and change to the views enjoyed across the land to the north and east of the Pegram Block.

• Noise – The Noise and Vibration rules in the District Plan provide for relatively high levels of noise within the Mineral Extraction Area with a slightly reduced standard for the areas beyond and located in the Countryside Environment. The District Plan also recognises that legitimate rural production activities, and activities provided for in the zone may generate higher levels of intermittent noise. It is also noted that NAV.6 of the Whangarei District Plan excludes normal residential activity occurring in the Living Environments from the noise rules during daytime provided such activity is reasonable in terms of duration and noise level12 and excludes mobile machinery used for a limited duration as part of agricultural or horticultural activities occurring in the Countryside, Coastal Countryside and Urban Transition Environments.13.

• Pleasantness – this amenity value is subjective, differs between residents and may differ between residents who undertake rural production activities and those who do not. Principally residents located to the north and east may appreciate the relatively benign current use of the land and the low levels of noise and activity currently undertaken on the Pegram block with their outlook orientated to this land. As outlined above, a range of different activities are contemplated and provided for within the Countryside Environment Zone and within the Mineral Extraction overlay that would change the perception of pleasantness enjoyed in association with this land.

The proposed overburden activity is directly associated with the continued operation and use of the existing established Otaika quarry which is recognised in the District Plan and proposed to be undertaken proposed within the Mineral Extraction Area Overlay and Countryside Environment Zone. While the proposal requires a land use consent (restricted discretionary activity) in order to manage the effects of the activity, the Mineral Extraction Area Overlay and Countryside Environment zone provisions in the District Plan clearly contemplate and seek to facilitate a range of activities that will have similar amenity effects such as noise, dust and landscape and visual effects, while recognising there are differences in scale and duration of the proposed overburden disposal activity. These provisions in the Countryside Living and Mineral Extraction Area overlay are considered particularly relevant to the assessment of effects on amenity, including landscape and visual, noise and vibration and dust of the proposed overburden disposal activity.

12 Refer Rule NAV.6 Bullet Point 1 of the Operative Whangarei District Plan 13 Refer Rule NAV.6 Bullet Point 2 of the Operative Whangarei District Plan



5.4 Landscape and Visual Amenity Effects An assessment of the landscape and visual amenity values of the site and the effects of the proposal has been prepared by Boffa Miskell Limited and this is contained in Appendix 8.

This landscape assessment has assessed the landscape and visual qualities of the site, identified the visual context and viewing audience, and assessed the effects of the proposal and mitigation measures proposed.

The assessment at Section 3.0 describes the topography of the Pegram block as undulating with a wide flattish area valley floor in the middle of the site which is mostly in pasture and currently grazed by cattle. The assessment discusses key vegetative elements of the site and in summary describes the vegetation as follows:

• The western stand comprising a mix of eucalypts, which form the predominant canopy, with acacia (black wattle) and totara.

• The eastern stand is lower and is dominated by totara with tanekaha and a few small kauri and grazed areas of kanuka around the margins .

• Another totara-dominated stand is located close to the southern boundary adjacent to Quarry Road and also groups of mixed trees growing along the edge of Quarry Road.

• There are groups of totara in both the north-eastern and north-western corner of the site and also a few small clumps and scattered individual young totara trees across the site.

At paragraphs 3.5 - 3.12, the assessment describes the viewing catchment and visual context. The assessment notes the Site is part of a wider rural landscape that is undergoing change. It is noted with in the Acacia Park residential subdivision there are several properties under construction or have not yet been developed. It is noted there are 13 lots in the Acacia Park subdivision that have shared boundaries with the Pegram block. A further 13 properties in the Smeaton Drive residential area that adjoin the Pegram block. The assessment notes these 13 Acacia Park properties and the 13 Smeaton Drive properties obscure views of the Pegram block for the properties located behind them.

From areas accessible to the public, views of the site can be obtained from State Highway 1 and Otaika Sports Park. It is noted for most of SH1, the vegetation growing along Quarry Road, together with a dense stand of mixed and exotic vegetation in an area of open space at the junction of with SH1 restricts views to the Pegram block.

From Otaika Sports Park, the more elevated parts of the Pegram block are visible, but vegetation in the Otaika wetland and along Quarry Road restricts views to much of the site.

It is noted that from the rural lifestyle properties located along Toetoe Road off SH1 and from places on the upper sections of the road, there are views to the Pegram block, Otaika quarry and Otaika Valley Scenic Reserve.

The assessment substantiates the visual catchment using the computer generated “viewshed” analysis (Zone of Theoretical Visibility / ZTV analysis) which is appended to the assessment and helps to define the wider viewshed and also confirms locations to assess potential visual effects14.

The assessment describes Mitigation Measures which have been integrated into the proposed works methodology and the principles for mitigation developed at the outset of the project which

14 Refer Figure 4 of the Landscape and Visual Effects Assessment in Appendix 8.



have framed how the works will be undertaken in respect of managing the actual and potential effects on landscape and visual amenity. In summary, these comprise:

• Configuration of the Overburden Disposal Area footprint and its overall shape and form – seeking to achieve an undulating shape and form, characteristic of the area which will emerge over the 35-year duration of the works. Views and outlook from dwellings in the Acacia Park subdivision have informed the form and height and where dwellings currently have panoramic outlook across the Pegram Block to the countryside and the Whangarei Heads beyond the maximum height of the completed Overburden Disposal Area will be below the floor level of these houses.

• Progressive hydroseeding of the deposited overburden at the end of each earthworks season stabilising this material and visually integrating if with the pastoral nature currently established on the site and consistent with the character of the area.

• Rehabilitation of the watercourse, both the realigned section and also along the rest of its length through the Pegram Block will be planted with riparian vegetation and fenced to prevent stock access. This will rehabilitate the currently degraded watercourse and the proposed riparian planting will improve ecosystem services and hydrological function and improve the quality of freshwater leaving the site.

• Tree planting along the boundary of the Pegram Block shared with Acacia Park will be undertaken at the outset and prior to the commencement of any earthworks – these trees (Matsudana Willow, Salix matsudana x alba) are deciduous and used extensively in in shelterbelt planting that is common throughout the rural environment, will establish a vegetated buffer to visually screen and separate the OBDA from dwellings located close to the OBDA.

• Planting on finished overburden slopes will be carried out progressively on the final surfaces of the overburden slopes facing Acacia Park. The first planting will be carried out at the end of the Enabling Works and then extended progressively on the slopes facing Acacia Park as the successive overburden placement campaigns are completed and rehabilitated during the General Works. It is proposed that fast growing Poplar hybrids will be planted at a spacing that will allow grazing to continue between the trees.

• Revegetation – It is proposed that a 4200m2 area adjoining the existing totara dominated stand of native vegetation will be revegetated with local native tree and shrub species and permanently fenced to prevent stock access.

Figure 16 – Vegetation Mitigation Plan of the Landscape and Visual Assessment in Appendix 8 illustrates these proposed mitigation planting measures.

With respect to the assessment of Landscape Effects, the significance and nature of the landscape effects of the physical effects on landform, the physical effects on vegetation and watercourse and landscape character, are summarised in Table 2 - Summary of significance and nature of landscape effects, of the Landscape and Visual Assessment in Appendix 8.

With respect to the assessment of Visual Effects, Table 5 summarises the level of visual effects from a range of ‘representative’ viewpoints during the Enabling Works ( approximate 5 year time frame) , General Works (approximate 6- 30 year time frame) and once the overburden disposal area has been completed (approximate 35 year timeframe) 15.

15 Refer Page 30, Table 5 Assessment of Significance and Nature of Visual Effects from Viewing Audiences, Landscape and Visual Assessment, Boffa Miskell Limited in Appendix 8.



The assessment concludes the proposed overburden disposal area on the Pegram block will have adverse landscape and visual effects.

The most significant adverse effects on visual amenity will occur at several properties in the Acacia Park residential area directly adjoining the site. It is noted Table 5 records the significance of the adverse visual effects during the General Works phase will be ‘very high’ at 1 - 3 Grove Lane. At 5-7 and 11 Grove Lane, the adverse visual effects will be ‘very high’ during both the Enabling and General Works and will remain ‘high’ at the completion of the works. The adverse visual effects on 31 Acacia Drive and 52 Acacia Drive are assessed as ‘high’ during both the enabling and general works phase. The adverse visual effects on the properties along Wattle Lane and Smeaton Drive are less (ranging from moderate – high to low). From the representative viewpoints at SH1, Toe Toe Road, Rewareawa Road, the adverse visual effects range from moderate low to very low.

In considering these effects, the conclusion in the Landscape and Visual assessment notes the following matters should also be considered

- That the shape and form of the proposed overburden disposal area has been designed so as to maintain an outlook over the wider countryside from the most affected ‘frontline’ Acacia Park properties;

- The changes to landscape will occur very gradually over a 35 year timeframe;

- The adverse landscape and visual effect will be reduced with the implementation of mitigation tree planting and other measures;

- On completion of the overburden disposal activity, the Pegram block will be returned to grazed pasture and have a larger area in trees;

- Implementation of operational and design parameters to minimise adverse landscape and visual effects, including limiting the amount of open area to 3 hectares at any time, hydroseeding open overburden faces and implementing a site rehabilitation plan;

- While adverse visual effects will generally be greatest during General Works phase, this is an infrequent and temporary but reoccurring activity and in the intervening years when there is not earthwork campaigns, no works will occur.

- The proposed planting will assist in integrating the landform of the overburden disposal are into the surrounding landscape.

These features will minimise the overall adverse effects on landscape and visual amenity particularly on those properties identified as being most affected.

5.5 Acoustic Effects Marshall Day have predicted the potential noise generated by the placement of overburden material, on the Pegram block and this is contained in Appendix 6.

Marshall Day predicts from the detailed noise modelling undertaken of the proposed activities "that compliance with the relevant noise limits can be achieved at all properties except two (5-7 and 11 Grove Lane)"16 during the General Works phase.

It is therefore concluded that noise from the proposed activity should be considered permitted with respect to noise at the non – compliant houses.

16 Refer para 2, page 17 of the Assessment of Acoustic Effects by Marshall Day in Appendix 6.



“The potential exceedance at these properties ranges from 1-5dBA with respect to the relevant noise limit. At 11 Grove Lane the predicted exceedance is 1dBA for General Works outside ME3 buffer and 5dBA inside ME3 for 11 Grove Lane. At 5-7 Grove Lane a 3dBA exceedance is predicted during General Works inside the ME3 buffer. An exceedance of 1-2 dBA is considered of little consequence.”17

Further noise for these two houses is predicted to exceed the Plan noise limits for a part of the time, that work is closest to them. At other times, during the development compliance will be achieved. “On that basis, we conclude the noise from the proposed activity should be considered permitted with respect to noise generally but may, for a short period have a potential minor noise effect at 11 Grove Lane.”18

The acoustic assessment considers that it would be appropriate to impose conditions of consent as part of any land use granted, which specify the limits to the hours of operation, specify the relevant noise limits for Enabling and General Works, limit the speed of trucks, and require the consent holder to give notice to all residents within 250 metres of the Pegram block at least 1 month prior to any works commencing.

The report by Marshall Day concludes “that using the Pegram Block for the placement of overburden material from Otaika Quarry can comply with District Plan noise rules, in all but two cases (5-7 and 11 Grove Lane), but for the majority of works. The circumstances where a potential exceedance of noise limits is predicted occurs during the period where work inside the ME3 buffer is at its closest to these houses. Work in this area will be for a relatively brief period within the overall context of the application will not be an ongoing situation.”19

5.6 Effects of discharges to air and dust An assessment of the effects of the air discharges, in particular dust nuisance emissions has been prepared by AECOM and is contained in Appendix 12. A separate memo prepared by AECOM details the specific district plan matters recognising the matters of discretion that relate to the amenity effects of potential dust generation that are applicable to the land use consents, and has concluded that with the mitigation measures proposed that there is ‘limited potential for adverse off-site effects of nuisance dust.’

This AECOM report assesses potential dust-generating activities associated with the proposed overburden disposal activity and assesses whether these activities meet the permitted activity rule in Section 9.1.4, Condition (a) of the Regional Air Quality Plan for Northland. In summary, this standard requires that any discharge of dust not result in any offensive or objectionable dust deposition or nay noxious or dangerous levels of airborne particulates matters beyond the boundary of the subject site.

Section 5.0 of the AECOM report notes that there is the potential for nuisance dust20 to be generated by a number of activities associated with the proposed overburden disposal activities. The report also notes the operation of the overburden disposal site on the Pegram Block will have the same degree and type of effects as any large earthmoving project.

Section 5.3 of the AECOM report recommends the imposition of a range of mitigation measures to ensure the potential dust generating activities meet the permitted activity standard in the 17 Refer para 4, page 17 of the Assessment of Acoustic Effects by Marshall Day in Appendix 6. 18 Refer para 7, page 17 of the Assessment of Acoustic Effects by Marshall Day in Appendix 6. 19 Refer para 9, page 17 of the Assessment of Acoustic Effects by Marshall Day in Appendix 6. 20 Dust level considered a ‘nuisance’ have had regard to the ‘Ministry for the Environment’ (2016) Good Practice Guide for Assessing and Monitoring Dust.



Regional Air Quality Plan. Further AECOM includes recommendations on the specific mitigation measures to be included in a Dust Management Plan for the overburden disposal activity.

The mitigation measures recommended in the AECOM report include:

- Application of water and/or dust suppressants on all disturbed surfaces when required;

- Areas of exposed ground be maintained during overburden placement with a maximum of 3 hectares exposed at any time, excluding haul roads, batter slopes and topsoil stockpiles;

- Within 100 metres of any occupied residential dwellings, mulching grassing and/or planting of bare areas shall be undertaken as soon as reasonably practicable;

- Disturbed areas will be progressively stabilised;

- Vehicles operating within 200 metres of sensitive areas will travel at less than 20 km/h unless a water cart is in operation in these areas;

- When the Weather Trigger Limit is exceeded

Overburden placement and any other soil disturbing activities within 300 metres of a dwelling will cease when: (i) the wind is blowing towards the dwelling at a speed exceeding 5 metres per

second (>5m per sec) during two consecutive 10-minute periods based on the wind speed monitor located at the Otaika quarry site and

(ii) there has been less than 5 mm of rainfall in the last 24 hours.

Overburden placement will only resume when:

(i) wind speeds are below 5 metres per second for two consecutive 10-minute periods or

(ii) the wind direction is no longer coming from the south or southwest;

- Stockpiles including topsoil storage is to be kept below 3 metres in height;

- Water and / or dust suppressants to be applied to topsoil stockpiles when required;

- Any stockpiles including topsoil storage not used within overburden placement campaign will be sown with grass;

- During construction of stockpiles, limiting drop height from the excavators to 3 metres;

- Maintaining the main haul road; - Haul road to be regularly watered;

- Haul roads generally be restricted to the shortest possible travel distance; - When loading material onto trucks drop heights to be minimised;

- That all site vehicles do not have downward facing exhausts; - All drivers to maintain a good following distance between vehicles to minimise cumulative

dust emissions arising from closely travelling vehicles;



- Undertake visual dust monitoring programme set out in Table 3 of the AECOM report;

- Installation of dust monitor capable of measuring Total Suspended Particulate (TSP) concentrations and sending alerts during enabling works and earthwork campaigns;

- TSP Trigger Limit: Any construction / enabling works or overburden placement that takes place within 100 metres of any occupied residential dwelling will cease, if

(i) the TSP concentrations exceed 250 ug /m3 over a 1-hour period or (ii) the TSP concentrations exceed 80 ug /m3 over 24 hours (rolling average) period

Any construction / enabling works or overburden placement that takes place within 100 metres of any residential property can resume when

(i) investigation into the cause of the exceedances and issues are remediated or (ii) the TSP concentration drops below the trigger levels above.

Section 5.13 of this report includes a suggested condition which states a Dust Management Plan will be developed in accordance with the recommendations in the AECOM report, and that this Management Plan be submitted to the Whangarei District Council.

The management of discharges to air under s.15 of the RMA, are managed by the Regional Air Quality Plan for Northland wherein the Northland Regional Council has assessed the activity as a permitted activity.

The assessment by AECOM concludes that the placement of overburden material will most likely result in an increase in ambient concentrations of dust, if left unmitigated, however concludes that provided the recommended mitigation measures are adhered to, the potential effect associated with the increase in ambient concentrations of dust will be no more than minor, will not result in any off-site effects and will satisfy the matters of discretion in Rule 38.3.3(i) and (x), and the permitted activity standard (a) in Rule 9.4.1 of the Regional Air Quality Plan for Northland.

5.7 Ecological Effects An assessment of the ecological effects has been undertaken by Boffa Miskell Limited (‘BML’) and an accompanying memo relating to the specific ecological matters of relevance to the proposal and identified in the Whangarei District Plan is contained in Appendix 7. The ecological assessment has assessed the ecological values of the subject site (the Pegram block) and then assesses the effect on these ecological values arising from the proposed overburden disposal activity.

As noted above, resource consent has been obtained from the Northland Regional Council for the activities associated with the overburden placement including for the infilling of a tributary of the Te Waiiti Stream and the construction of a stream diversion channel on the site.

Rule 38.3.18 of the District Plan specifies that destruction or clearance of indigenous vegetation21 in the Countryside Environment is a permitted activity where the vegetation clearance is:

a) a contiguous area of 5.0ha or more of predominantly indigenous vegetation; or b) in any area of 1.0ha or more of predominantly indigenous vegetation over 6.0m in height; or

21 'Indigenous Vegetation’ means plants which belong naturally in the ecological locality and includes Manuka, Kanuka, in Chapter 4 – Whangarei District Plan.



c) In an indigenous wetland.

With respect to values of the terrestrial vegetation on the site, the report considers that the Pegram block is highly modified with numerous small trees sparsely scattered over the site mainly comprising 6- 8 metre tall totara, with individual macrocarpa, London plane, European olive, black wattle, eucalyptus and cabbage trees being present with two fragmented stands of vegetation with different character. Both stands are subject to the effects of stock (cattle) intrusion.

The western22 bush area (approximately 1.27 ha proposed for removal) is dominated by exotic species - eucalyptus with little sub-canopy and scrub margins.

The eastern bush area23 has a dominance of native totara trees however it is heavily browsed by stock and has little sub-canopy, (it is only proposed to remove a small part 20% or 0.27ha of the eastern bush area, the rest being retained)

The vegetation affected by the works comprises isolated groves of trees that meet neither the threshold of 5.0 ha or more of predominantly indigenous vegetation or the threshold of 1.0ha or more of predominantly indigenous vegetation over 6 metres in height as assessed in the Assessment of Ecological Effects contained in Appendix 6. Overall it is considered that the ecological values of the terrestrial vegetation on the Pegram site including within the footprint of the proposed overburden disposal area, are low.

The proposed overburden disposal activity will result in the removal of approximately 1.47 hectares of low value bush area. Given the assessed low value of these bush areas, it is considered the loss of this terrestrial vegetation will have no more than a minor effect in the assessment of ecological effects.

With respect to wetlands, areas of permanently or intermittently wetland containing wet-tolerant plant communities were assessed as being present on the site. For the most part, these areas were considered to be heavily pugged overland flow paths / seepages with a few drainage channels that intersect the areas of level ground. Few areas were greater than 50m2 and most form seepages from hillside springs. The plant communities of these areas were predominantly exotic and are characteristic of rush/pasture communities. The wetland features on the site have been assessed, as not meeting the definition of an ‘indigenous wetland’ in the Operative Whangarei District Plan, which uses the same definition as the NRP. It has been calculated that overall approximately 0.25 hectares of low value wetland will be lost as a result of the overburden placement, wherein it is considered the effect of the loss of these wetlands will be no more than minor.

With respect to the effect on faunal values of the site, the area affected by the entire Pegram block was identified as having a range of potential lizard habitats such as wood and leaf debris and native bush (and limestone outcrops which are outside the footprint of the overburden placement area). However, these habitats were considered to be already compromised due to their fragmented nature and stock access. No identified lizard species were identified in a systematic lizard survey of the site. The assessment considers that if present, any native lizard populations are likely to be small, and any effect of the removal from the habitat will be minor, also noting there will still be available habitat in the wider Pegram block, that will be unaffected by the proposed overburden placement activity, in the event that any lizard species are present.

With respect to the ecological values of the freshwater bodies, the assessment of ecological effects by Boffa Miskell, concludes the Pegram block has a limited variety of freshwater features 22 Refer Figures 2 and 3, Otaika Quarry, Pegram Block Overburden Disposal, Ecological Assessment, Boffa Miskell, 16 March 2017 23 Refer Figures 2 and 4, Otaika Quarry, Pegram Block Overburden Disposal, Ecological Assessment, Boffa Miskell, 16 March 2017



and habitats essentially hillslope and riparian seepages and a permeant lowland stream. Overall the freshwater values within the Pegram Block and the overburden disposal area are assessed as low-moderate.

A series of mitigation measures are recommended to avoid, remedy or mitigate effects on the ecological values arising from the proposed activities, including effects under jurisdiction of the District Council including effects on terrestrial habitats and fauna and the effects on the surface of water. These mitigation measures include enhancing riparian vegetation on the site and stock exclusion for both the newly constructed stream and in the lower reaches of the Te Waiiti stream tributary. These mitigation measures have been assessed by the Northland Regional Council as part of their decision to grant consent to the regional activities regulated by the Regional Water and Soil Plan for Northland.

Having regard further to these recommended measures, Section 5.13 of this report includes suggested conditions of consent which require a Riparian Management Plan be submitted to the Council confirming the proposed riparian planting and stock exclusion measures to be undertaken by the Consent Holder.

5.8 Effects on hydrological function and flooding The surface water hydrology effects and hydrological effects of the works, including flooding effects, have been assessed by Tonkin and Taylor (refer Appendix 10). Tonkin and Taylor have also confirmed in the memo in Appendix 10, that in terms of the surface water and groundwater effects and earthworks to be undertaken in identified Flood Susceptible Areas in the District Plan, that proposal will be a permitted activity.

Again it is noted, resource consent has been obtained from the Northland Regional Council for the activities associated with the overburden placement including for the infilling of a tributary of the Te Waiiti Stream and the construction of a stream diversion channel on the site that are managed by the Regional Water and Soil Plan for Northland.

This assessment has provided engineering design solutions and recommendations, principally relating to the sub-soil drainage pipes and stream diversion channel and associated storm water detention measures to the mitigate potential adverse effects associated with these works.

The surface water hydrology assessment concludes that with the implementation of the recommended design mitigation measures, the flow conditions in the diverted channel will not differ significantly from those in the existing stream channel, at the point where the diversion re-joins the existing channel. The assessment confirms that the downstream environmental effects of the proposed stream diversion will be no more than minor.

5.9 Effects of stormwater runoff / erosion and sediment control

During the enabling works and general works phases, best practise erosion and sediment control measures will be employed. These erosion and sediment control measures are detailed in an Erosion and Sediment Control Management Plan contained in Appendix 11. GBC Winstone have also identified in the supplementary memo contained in Appendix 11, the relevant district plan matters related to land disturbing activity and confirm that the methodology approved by the



Northland Regional Council will manage the actual and potential effects arising from land disturbing activities to acceptable levels.

These erosion and sediment control measures have been developed drawing on the experience of GBC Winstone in managing erosion and sediment laden runoff in other overburden disposal operations across New Zealand. As already noted, resource consent for the land disturbance activities as managed by the Regional Water and Soil Plan for Northland have been granted by the Northland Regional Council subject to conditions of consent.

5.10 Effects on land stability and geotechnical feasibility A preliminary geotechnical investigation has been undertaken by Tonkin and Taylor (refer to Appendix 10). A memo prepared by Tonkin and Taylor is also attached in Appendix 11 which details the land stability matters identified in the District Plan.

The assessment by Tonkin and Taylor has considered the suitability of the site, the proposed development plans, detailed analysis of the findings of on-site investigations and analysed the long term stability of the placed overburden landform including rehabilitation measures. The report concludes that proposed overburden placement is geotechnically feasible and that the environmental effects related to geotechnical performance can be managed through good design and construction practices. The memo also confirms that subject to the implementation of Tonkin and Taylor’s recommendations the final landform can achieve the outcomes sought, in terms land stability as referenced in the District Plan.

5.11 Traffic Effects

During each campaign through the enabling works and general works phases, construction and operational traffic will be required to prepare the site and move overburden between the Otaika quarry and Pegram Block. Traffic movements will be largely limited to the internal haul road network, on the tiphead or within the quarry itself. Other than the arrival and departure of vehicles from off-site, these vehicles will not use the public road network, noting that Quarry Road and the internal quarry roads are private roads for authorised vehicle access only.

A plan showing the proposed internal access from the Otaika quarry to the Pegram block is contained in the concept plans in Appendix 4 of this report.

Matters in terms of dust and noise have been discussed above in sections 5.5 and 5.6 respectively.

Best practise health and safety measures will be employed in terms of traffic movements with various matters proposed to be managed by the Overburden Management Plan including: the number of vehicle movements to and from the site; access within the Mineral Extraction Area; number of people proposed to be employed; and, parking spaces provided on-site. The works have been designed to provide sufficient manoeuvring areas within the quarry or at the tiphead and the haul roads will be designed to enable construction and operational vehicles to pass.

The Overburden Management plan will be developed to address these specific matters and ensure that the actual and potential effects on the environment, in terms of traffic effects is managed at an acceptable level.



5.12 Effects on Archaeological Values An assessment of the potential effects of the proposed overburden disposal on archaeological values has been undertaken by Clough and Associates. A copy of the assessment is contained in Appendix 7 of this report.

The assessment concludes that no archaeological sites have previously been recorded in the area of the proposed overburden disposal area though as noted in the site description, archaeological sites have been identified on other properties near the site.

Geotechnical test pit excavations undertaken within the project area were examined as part of the preparation of this assessment of archaeological values, however these did not expose any subsurface archaeological features or deposits. One previously unrecorded midden (registered as Q07/1416) was noted during the site inspection within the roots of a tree on the northeast facing slopes but no other sites were identified. This midden is within the footprint of the overburden disposal area. The midden is considered to be of limited archaeological value due to its poor condition and hence it is concluded that the proposed works will have only a minor adverse effect on the site and archaeological values of Whangarei

It is noted there are a number of recommendations in the assessment report by Clough and Associates including:

- an Authority to be applied for under Section 44(a) of the Heritage New Zealand Pouhere Taonga 2014 and granted by Heritage NZ prior to the start of any works that will affect the site.

- The Authority should cover all proposed works in case additional unidentified subsurface remains are exposed during preparation works for overburden disposal.

- In the event of koiwi tangata (human remains) being uncovered, work should cease immediately in the vicinity of the remains and tangata whenua, Heritage NZ and the NZ Police should be contacted so that appropriate arrangements can be made.

- As the affected site relates to Maori occupation, the tangata whenua should be consulted regarding the cultural effects of the proposal

It is also noted that conditions of consent have also been imposed in the resource consent granted by the Northland Regional Council which address managing potential effects on archaeological values.

5.13 Effects on Cultural Values The Rurangi Trust Board is the representative of the recognised iwi for this area. GBC Winstone has had a long standing relationship with the Ruarangi Trust Board over a number of years. Don’t they own a piece of land adjacent with cultural values?

GBC Winstone has a Memorandum of Understanding to work with the Ruarangi Trust Board, and representatives from GBC Winstone continue to hold regular meetings with the Trust regarding the on-going development and operation of the Otaika quarry and related issues.

Specifically, the representatives from the Ruarangi Trust Board were consulted by GBC Winstone during the early stages of the developing concept plans for the proposed overburden disposal area in 2016, and more recently in compiling these applications for resource consent.



This consultation is on-going with Ruarangi Trust Board wherein to date where a number of meetings and discussions have been held by representative from GBC Winstone with representatives of the Trust Board.

To date, the Trust Board have verbally advised GBC Winstone that they have not identified any adverse effects on cultural values arising from the proposed overburden disposal activity on the Pegram block.

During consultation, the Ruarangi Trust Board also advised GBC Winstone that the Trust wished to prepare a Cultural Impact Assessment and Trust Board in the process of completing this Impact Assessment, at the time of the lodgement of this application.

GBC Winstone will continue to engage with Ruarangi Trust Board on an ongoing basis in accordance with the Memorandum of Understanding . Further, a copy of the Cultural Impact Assessment that is currently being prepared by the Ruarangi Trust Board will be provided to the Whangarei District Council for its information, when it is received.

5.14 Positive Effects The aggregate resource at Otaika quarry is identified as being regionally significant in the Northland RPS24 and this also recognised in the District Plan by the Mineral Extraction Area overlay. Otaika quarry is the largest quarry in the Region and is one of only two quarries25 that produces more than 500,000 tonnes of rock aggregate per year.

The ongoing extraction and production of this aggregate resource contributes to the economic wealth of the Northland Region. This includes direct and indirect employment, and ready access to aggregate resource critical to development and infrastructure including roading, drainage, asphalt and concrete production. GBC Winstone also produces material sold beyond the region and as a consequence contributes to the regional gross domestic product (GDP). In broader terms, the total economic impact26 of the activities of GBC Winstone on Whangarei District economy (including the Portland Cements work) calculated as $73.4 million in GDP in 2015, and generating the employment of 550 FTEs.

GBC Winstone has identified the Pegram block as the most suitable site for the proposed placement of overburden from the Otaika quarry. The ability to dispose of overburden on this site will secure the continued long-term use of the Otaika quarry for the production of aggregate resource, to service the demand of the Northland Region and beyond.

In short, the ability of the regionally significant Otaika quarry to continue to efficiently and effectively supply aggregates resources to the Whangarei District and Northland region for the social and economic benefit of the region, is dependent on the ability to dispose of overburden material on the Pegram block.

24 Refer Policy 5.1.4 of the Regional Policy Statement for Northland. 25 Otaika is followed in size by the Puketona Quarry located approximately 60km north between Waitangi and Kerikeri. 26 Contribution to the district economy and employment includes both GBC Whinstone’s operations at Otaika Quarry and Cement Production Facility at Portland.



5.15 Suggested consent conditions Section 104C of the RMA states that, where considering an application for a restricted discretionary activity, the consent authority may grant or refuse the application. If the activity is granted, the consent authority may impose conditions pursuant to Section 108.

The following draft consent conditions are suggested by GBC Winstone at this time, for the consideration by the District Council in determining the land use consent being sought for this proposed overburden disposal activity.

It should be noted that some effects are managed by the Regional Land and Water Plan for Northland and the Regional Air Quality Plan for Northland. Further that a resource consent with conditions of consent has been granted for the activities within the Northland Regional Council’s jurisdiction and is contained in Appendix 13.

General conditions

1. The overburden disposal activity shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the Council as consent number(s) [insert council references]

• Application Form, Assessment of Effects and all supporting information prepared by GBC Winstones and Boffa Miskell Limited dated May 2017 for district land use consents sought from the Whangarei District Council [insert council references].

2. This consent shall lapse 10 years from the date of approval unless it has been surrendered or cancelled at an earlier date pursuant to the RMA.

Overburden Management Plan

3. Prior to the commencement of the enabling works, the consent holder shall prepare and submit an Overburden Management Plan to the Whangarei District Council for certification.

The objective of the Overburden Management Plan shall be to set out the practises and procedures to be adopted by the consent holder to ensure compliance with the conditions of this consent number(s) [insert council references].

The Overburden Management Plan shall include the following information:

• A plan showing the boundaries of the overburden placement area with the Mineral Extraction Area (ME3 - Winstone Aggregates – Otaika Quarry and access way) and Countryside Living Zone as defined in the Operative District Plan, at the time of the approval of this land use consent;

• A plan showing topography, drainage, natural watercourses, existing vegetation cover and any other significant landforms or features within the Overburden Disposal Area;

• The anticipated life span of Overburden Disposal operation;

• The estimated volume of overburden material to be placed within the Overburden Disposal Area;

• The location and dimensions of the enabling works, including indicative haul roads and internal circulation routes, shear key and toe bunds, toe buttress and placement of any mattressed foundation material, filling of gully systems and watercourses and creation of new stream channels;



• The location, dimensions including the heights and volumes of overburden material to be placed in the general works phase, including details of overburden material into placed within the Overburden Disposal Area, including any staging of the overburden disposal operation;

• Details of proposed setbacks of any enabling works and overburden disposal operations from site boundaries, and landscaping and screening measures;

• The number of people proposed to be employed, and parking spaces provided on-site;

• A description of the proposed methods of any enabling works or overburden disposal operations including stripping and placement of material;

• A description of the methods by which the environmental effects of the operation will be managed and controlled, to comply with the conditions of consent of this consent number(s) [insert council references];

• A description of any future proposed rehabilitation programme.

The Overburden Management Plan may also include the following specific management plans as required in the exercise of this consent number(s) [insert council references]:

- Riparian Management Plan

- Landscape and rehabilitation plan including details of mitigation planting to occur over the life of the consent.

- Dust Management plan

At least 10 working days prior to commencement of any enabling works or overburden disposal, the certified Overburden Management Plan will, if required, be updated by the Consent Holder and the updated Overburden Management Plan provided to the Whangarei District Council.

Stabilisation

4. The site shall be progressively stabilised against erosion at the end of each season and shall be sequenced to minimise discharges of nuisance dust.

Notification prior to the commencement of works

5. The Whangarei District Council shall be notified at least five (5) working days prior to overburden placement activities commencing on the subject site.

Limitation on type of fill

6. Material imported onto the site shall be restricted to overburden material which has been removed from the adjoining Otaika Quarry, except any topsoil that may be required for site rehabilitation purposes and be brought on to the site.

Riparian Management Plan

7. Prior to the commencement of any enabling works or an overburden campaign, the consent holder shall prepare a Riparian Management Plan and submit this to the Whangarei District Council. The objective of the Riparian Management Plan shall be to



ensure the riparian mitigation measures are implemented and maintained through the life of the consent.

The Riparian Management Plan required by this condition shall include:

a. Details of riparian planting including location, species mix and plant densities.

b. Details showing a minimum of 10 metres riparian planting set back from the edge of the stream bank and / or the riparian wetlands.

c. Identification of areas where stock proof fencing will be erected to protect planting and details of such fencing.

d. Implementation timeframes for riparian mitigation measures.

The Riparian Management plan shall be developed in general accordance with the recommendations in the Assessment of Ecological Effects Report by Boffa Miskell Limited submitted to the Council within the application and AEE –May 2017 (insert council reference)..

The consent holder shall implement the Riparian Management Plan required by this condition of consent.

Landscape rehabilitation plan

8. Prior to the commencement of any enabling works or an overburden campaign, the consent holder shall prepare a finalised Landscape Rehabilitation Plan and submit this to the Whangarei District Plan. The plan shall detail:

a. Configuration of the Overburden Disposal Area footprint and its overall shape and form.

b. Tree planting along the boundary of the Pegram Block with Acacia Park to be undertaken at the outset and prior to the commencement of any earthworks.

c. The location of tree planting carried out on the overburden slopes commencing at the completion of the enabling works phase and continuing through the general works phase.

The Landscape rehabilitation plan shall be developed in general accordance with the recommendations in the Landscape and Visual Effects Assessment Report by Boffa Miskell Limited submitted to the Council within the application and AEE –May 2017 (insert council reference).

The consent holder shall implement the Landscape management plan required by this condition of consent.

Dust Management Plan

9. Prior to the commencement of any enabling works or an overburden campaign, the consent holder shall prepare a Dust Management Plan and submit this Plan to the Whangarei District Council. The objective of the Dust Management Plan shall be to manage the overburden placement activity so as to ensure there is no dust nuisance beyond the subject site.

The Dust Management Plan required by this condition shall include:



a. Description of the methods of mitigation and operating procedures including monitoring equipment and procedures;

b. Procedures for responding to accidental dust nuisance discharges;

c. Procedures for the use of water suppression to minimise dust emissions;

d. Procedures for the operation, maintenance and calibration of any meteorological monitor including any meteorological exceedance alert thresholds and contingency measures;

e. Procedures for the operation, maintenance and calibration of any Total Suspended Particulate (TSP) trigger levels including any TSP exceedance alert thresholds and contingency measures; and

f. Records of any complaints recorded and investigated during any previous overburden placement campaign.

The Dust Management Plan shall be developed in general accordance with the recommendations in the Air Quality Assessment Report by AECOM submitted to the Council within the application and AEE –May 2017 (insert council reference)..

Noise Management

10. The site shall only operate as follows:

a. Enabling Works: Monday – Friday 7.30 am – 6pm Saturdays 7.30 am – 2.00 pm. No works Sundays and public holidays.

b. General Works: Monday – Friday 7.00 am – 6pm Saturdays 7.00 am – 2.30 pm. No works Sundays and public holidays.

11. Noise from Enabling Works on Pegram Block shall comply with noise limits provided in NZS6803:1999 for "long term" work.

Enabling works – 70dB LAeq and 85dB LAmax between 7.30am to 6pm Monday to Friday and 7.30am to 2.00 pm Saturday and measured and assessed in accordance with NZS6803:1999.

12. Noise from the General Works on Pegram Block shall comply with Whangarei District Plan noise limits (except at any properties that have given written approval to exceed those noise limits).

General Works within ME3 Overlay – 55dB LAeq between 7.00am to 6.00pm Monday to Friday and 7.00 am to 2.30pm Saturday and measured and assessed in accordance with NZS6801 and 6802:2008.

General Works outside ME3 Overlay – 50dB LAeq between 7.00am to 6.00pm Monday to Friday and 7.00 am to 2.30pm Saturday and measured and assessed in accordance with NZS6801 and 6802:2008.

13. All vehicles including trucks operating within 200 metres of the site boundary adjoining properties in the Acacia Park, shall limit their speed to 20 km/hr or less.



14. Reversing alarms on all vehicles on Pegram Block shall be the broad band “hissing”

type and not the high pitched pip unless the safety case precludes this substitution of devices.

15. All residents within 250 m of the Pegram Block shall be given notice at least 1 month prior to works commencing and shall be provided with the following minimum details:

a. Start and completion dates of the works;

b. The nature of the works;

c. Contact name for any queries or concerns regarding operations. The contact details shall also include a phone number and email address.

16. That noise monitoring be undertaken by the consent holder at a time within the first 6 weeks of the commencement of the Enabling or the General Works phase, and then at 3 monthly intervals for the duration of the Enabling Works or for an overburden campaign in the General Works phase.

Stockpiles of material

17. All stockpiles of topsoil material shall not exceed 3 metres in height and shall be setback at least 5 metres from any side boundary and shall be set back at least 20 metres from any watercourse.

Pre-start meetings

18. Prior to the commencement of any enabling works or an overburden campaign, the consent holder shall hold a pre-start meeting to facilitate the implementation of management plans. The meeting(s) shall:

a. Be located on the subject site;

b. Be scheduled not less than five working days before the anticipated commencement of any overburden placement works including any enabling works and stream works activity;

c. includes an invitation to Whangarei District Council officer[s];

d. includes representation from the contractors (if appropriate) who will undertake the works.

The meeting shall discuss measures and methodologies to be implemented to ensure compliance with the conditions of this consent and shall ensure all relevant parties are aware of and familiar with the necessary conditions of this consent.

The following information shall be made available by the Consent Holder at the pre-start meeting, as appropriate:

- Timeframes for key stages of any enabling works or an overburden campaign authorised under this consent number(s) [insert council references;]

- Overburden Management Plan;

- Dust Management Plan;

- Riparian Management Plan;



- Landscape Rehabilitation Plan;

Authority under S. 44(a) of Heritage New Zealand Pouhere Taonga Act 2014

19. Prior to the commencement of the overburden disposal works (including any enabling works and general works) an Authority must be applied for under Section 44(a) of the Heritage New Zealand Pouhere Taonga Act 2014 (‘HNZPTA’) and granted by Heritage NZ. The Authority should cover all proposed works in case additional unidentified subsurface remains are exposed during preparation works for overburden disposal works.

20. In the event of koiwi tangata (human remains) being uncovered, work should cease

immediately in the vicinity of the remains and tangata whenua, Heritage NZ and the NZ Police should be contacted so that appropriate arrangements can be made.

Accidental discovery protocol

21. If any urupa, traditional sites, taonga (significant artefacts), koiwi (human remains) or other artefact material is discovered during vegetation clearance, overburden removal, or quarry activities, the consent holder shall adopt the following procedure:

a. work in the immediate vicinity of the sites that has been exposed shall cease;

b. the site supervisor shall immediately secure the site in a way that ensures that any remains or artefacts are untouched;

c. the site supervisor shall notify iwi representatives of the Ruarangi Trust Board, Heritage New Zealand, Northland Regional Council and Whangarei District Council.

The notification in (c) above shall allow the notified persons a reasonable time to record and, if necessary, recover archaeological or cultural features discovered before excavation work may recommence at the exposed site.

Accidental discovery protocol briefing

22. Prior to disturbance of vegetation or soil disturbance in new areas, the consent holder shall ensure that all site managers, operators, contractors and other relevant personnel receive a briefing and detailed explanation of the consent holder’s obligations under the Accidental Discovery Protocols referred to in condition 30.

Pre-works notification of Ruarangi Trust Board

23. Prior to disturbance of vegetation or soil disturbance in new areas, the consent holder will notify iwi representatives of Ruarangi Trust Board of plans to commence disturbance of vegetation or soil disturbance in areas previously undisturbed by quarrying activities. Representatives will be invited for a site walkover prior to works commencing and will be provided with the opportunity to observe the removal of topsoil prior to the placement of overburden material.

Complaints register

24. The consent holder shall maintain and keep a complaints register for complaints regarding all aspects of the overburden disposal operations at the site related to the exercise of this consent received by the consent holder. The register shall record;



- The date time and duration of the event / incident that has resulted in a complaint; - The location of the complainant when the event/ incident was detected (if

possible specify the nature of the incident e.g. noise) - The possible cause of the event/incident - The weather conditions and wind direction at the site when the event/ incident

allegedly occurred - Any correction action undertaken by the consent holder in response to the

complaint - Any other relevant information.

The register shall be available to Whangarei District Council at all reasonable times.

5.16 Overview of Assessment Criteria The following section of this report provides an overview of the relevant restricted discretionary assessment criteria from the Whangarei District Plan:

Mineral Extraction Activity

The matters over which control and discretion are restricted in the Rule 64.3.1.3 of the District Plan are as follows:

Rule 64.3.1.3 Mineral Extraction Areas

Matters of control and discretion Comment and cross reference

i. The extent to which off-site effects (such as dust, odour and glare) which are not managed by other rules in the Plan, adversely affect the amenity values of sites in the vicinity;

Potential off site effects arising from dust are set out in Section 5.6 and in the assessment and additional memo prepared by AECOM in Appendix 12. Conditions are suggested in section 5.14 which manage the effects to an acceptable level and establish a regime to ensure that should effects arise GBC Winstone can manage them. Odour and glare effects are unlikely to arise given the nature of the works.

ii. The extent to which off-site effects, which are not managed by other rules in the Plan, will inhibit the use of surrounding land for carrying out of other activities;

As set out above, off-site effects will be managed on the site and the proposed works will not restrict adjoining sites to be used for their anticipated uses.

iii. The extent of adverse visual impacts on significant landscapes, significant natural areas or natural features;

The landscape and visual effects of the proposal have been summarised in section 5.4 above and are set out in detail in Appendix 8. Importantly the Pegram Block is not in an area identified as being a significant landscape or significant natural area and does not contain any significant natural features. It is also considered that the values of the Notable Landscape identified on land to the north of the site is not adversely affected by the proposal.

iv. The extent of any adverse effect on land stability; The use of the Pegram Block for overburden disposal and potential land stability effects have been considered in the assessment and memo prepared by Tonkin Taylor contained in Appendix 10 and is summarised in section 5.10 above. The assessment concludes that subject to the incorporation of specific



geotechnical design recommendations, the proposal will not pose any undue risk in terms of stability.

v. The extent of any adverse effects on ecological values or water quality, arising from the land use;

The actual and potential ecological effects have been considered in the assessment and memo contained in Appendix 8 and discussed in section 5.7 above. The assessments conclude, subject to restoration works to be confirmed at the detailed design phase, the effects would be adequately managed.

In terms of the potential effects on water quality these are discussed in sections 5.7 and 5.8 with technical assessments and more detailed information on the recommended management matters attached in Appendix 5, Appendix 9 and Appendix 11.

vi. The extent of any adverse effect on historic and cultural heritage;

An assessment of potential heritage features on the site prepared by Clough and Associates is contained in Appendix 12 and summarised in section 5.12 above. This assessment concludes that the site does not contain any identified heritage features and the midden that will be affected by the proposed works is of poor condition and proposed works will have only a minor adverse effect on the site and archaeological values of Whangarei. Section 5.13 also sets out work undertaken with Ruarangi Trust Board, recognised iwi of the area, who have advised that the area of the OBDA does not contain any culturally significant areas. Adjacent sites will not be impacted on by the proposal.

vii. The extent to which landscaping proposals protect the amenity of land adjoining the Mineral Extraction Area;

Section 5.4 above and the landscape and visual assessment contained in Appendix 8 detail the elements of the proposal which have the potential to impact on amenity including landscape and visual effects. Importantly landscape and visual effects were considered in the design phase and the Overburden disposal area has been designed through its form and design to avoid effects. Further recommendations in terms of the limiting the maximum exposed area of works and ongoing restoration through contouring and landscape planting will ensure amenity is protected for the adjoining land.

viii. The extent to which any rehabilitation programme will enable the land to be returned to a state suitable for use by other activities.

As set above Section 5.4 above and the landscape and visual assessment contained in Appendix 8 detail the measures to rehabilitate the OBDA with the area to returned to rural purposes. With the exception of the fenced riparian and other vegetated areas the land will be grazed.

Mineral Extraction Activity in the Countryside Environment

The matters over which control and discretion are restricted in the Rule 38.3.3.3 are as follows:

Rule 38.3.3.3 Mineral Extraction Activity

Matters of control and discretion Comment and cross reference



i. Effects of noise, dust and other nuisances; Potential off site effects arising from dust are set out in Section 5.6 and in the assessment and additional memo prepared by AECOM in Appendix 12. Conditions are offered in section 5.15 which manage the effects to an acceptable level and establish a regime to ensure that should effects arise, GBC Winstone can manage them.

Potential off-site effects arising from noise are detailed in the assessment prepared by Marshall Day and contained in Appendix 6 and summarised above in section 5.5 residential properties potentially affected have been identified and a number of other recommendations are made to ensure the potential noise effects are suitably managed

Other nuisance effects such as odour and glare effects are unlikely to arise given the nature of the works.

ii. Methods and duration of excavation or processing, and trucking activities;

As detailed in the description of the proposal the nature of the enabling and general works is described in Section 3 above and various aspects of the proposal have been designed to avoid and minimise the potential effects of the proposal.

iii. Hours of operation of the activity; As detailed in the description of the proposal and as recommended in the acoustic assessment prepared by Marshall Day and contained in Appendix 6 the hours of operation are set out in the conditions are suggested in section 5.15 which largely restrict the works to day time hours with no works on Sundays or public holidays.

iv. Effects on existing residences and reserves; The effects in terms of amenity values and recommended mitigation measures are set out as follows:

• The landscape and visual assessment is summarised in section 5.4 above and attached in Appendix 8.

• The effects arising from dust are summarised in Section 5.6 and in the assessment and additional memo contained in Appendix 12.

• Potential acoustic effects prepared by Marshall Day contained in Appendix 6 and summarised in section 5.5.

v. Effects of road traffic on the amenity, health and safety in the locality;

Section 5.11 identifies the potential effects in terms of traffic and recommends that conditions be imposed to ensure that potential effects are managed through the overburden management plan.

vi. Effects of increased traffic on road safety, maintenance and efficiency;

Section 5.11 identifies the potential effects in terms of traffic and notes that the proposal is within the scope of traffic necessary to serve quarry operations and that the works have been designed to address the needs of construction and operational traffic. Vehicle movements generated will be largely internal movements, noting Quarry Road and internal quarry roads are private roads for authorised vehicle access only.

vii. Effects on landscape and conservation values of the site and locality;

The site is note identified as being a significant landscape and does not contain any significant flora or fauna.

The ecological assessment contained in Appendix 5 and discussed in section 5.7 above, confirms the ecological values and makes a number of recommendations in terms of



the restoration works which will enhance the ecological values of the area.

The landscape and visual assessment sets out the values of the area and assesses the potential effect of the works in Appendix 9. The landscape and visual effects of the proposal were considered in the form and design of the OBDA to avoid effects. Further recommendations in terms of the limiting the maximum exposed area of works and ongoing restoration through contouring and landscape planting will ensure landscape values are protected.

viii. Restoration and rehabilitations of the site; Restoration and rehabilitation is proposed to be implemented progressively through the lifetime of the OBDA activity and these measures are detailed in:

• The landscape and visual assessment attached in Appendix 8.

• The ecological assessment attached in Appendix 5.

ix. Effects of disturbance and stockpiling of topsoil, and measures to conserve and preserve topsoil;

Sediment and erosion controls are assessed in Appendix 11 which recommends a best practice management approach to protect soil, and topsoil stockpiles which will be retain for the rehabilitation works.

x. Effects of excavation, mineral extraction, transport and processing (including the effects of dust) on any water body or indigenous vegetation;

Sediment and erosion controls as well as dust management are assessed in Appendix 9 and Appendix 11 respectively which recommend a best practice management approaches to protect water bodies and retained vegetation from the works. Conditions are suggested in section 5.15 to manage these potential effects.

xi. Effects on coastal land stability and natural coastal processes;

The Pegram Block is well separated from the coast, however potential discharges to water could ultimately impact on the coastal waters and best practice management sediment and erosion controls are recommended in Appendix 11 and conditions are suggested in section 5.15 to manage these potential effects.

xii. Quality of stormwater runoff; Sediment and erosion controls are assessed in Appendix 11 which recommends a best practice management approach to ensure that stormwater is captured and treated before it is discharged to avoid the degrading the quality of water.

xiii. Effects of land use on heritage sites, buildings and uses;

An assessment of heritage features of the site prepared by Clough and Associates is contained in Appendix 7 and summarised in section 5.12 above. This concludes that the site does not contain any identified heritage features and the midden that will be affected by the proposed works is of poor condition and proposed works will have only a minor adverse effect on the site and archaeological values of Whangarei.

xiv. Effects of land use on the relationship of tangata whenua with their ancestral lands, sites, water, waahi tapu, and other taonga;

Section 5.12 sets out work undertaken with Ruarangi Trust Board, recognised iwi of the area, who have advised that the area of the overburden disposal area does not contain any culturally significant areas. Heritage features on adjacent land will not be impacted by the proposal.



xv. Effects of mineral extraction processing and transport on the natural character of the coastal environment, wetlands lakes and rivers;

The Pegram Block is well separated from the coast, however will require the modification of a tributary of the Te Waiiti Stream. The landscape, visual and ecological effects of these works are set out in Appendix 5 and Appendix 8 respectively. Subject to the implementation of the riparian restoration works including the establishment of stock proof fencing, the effects are suitably mitigated and will overall improve the quality of this water through the exclusion of stock.

Traffic Movements in the Countryside Environment

The matters over which discretion are restricted in the Rule 38.3.6 are as follows:

Rule 38.3.3.3 Mineral Extraction Activity

Matters of discretion Comment and cross reference

i. Manoeuvring requirements;

ii. Need for acceleration and deceleration lanes;

iii. Type, frequency and timing of traffic;

iv. Design of the entrance onto the public road of the vehicle accesses associated with the activity;

v. Safety of pedestrians;

vi. The availability of other roads for access for sites that lead onto arterial roads or State highways;

vii. Effects on the amenity of the locality;

viii. Effects on ecological values;

ix. Effects of dust;

x. Need for forming or upgrading roads in the vicinity of the site;

xi. Need for traffic control, including signs, signals and traffic islands.

As noted above in response to the criteria 38.3.3.3(v) and (vi) - section 5.11 assess the potential effects in terms of traffic.

It should be noted that the proposal will utilise the existing intersection of Quarry Road and State Highway 1 recognising that this intersection has been designed to serve heavy vehicles in association with quarry operations. The traffic movements will arrive intermittently as needed for each campaign and potential effects will be managed through the overburden management plan.

Vehicle movements generated will be largely internal movements, noting Quarry Road and internal quarry roads are private roads for authorised vehicle access only.

Potential effects on amenity, ecological values and dust have been addressed in the relevant technical assessments.

5.17 Conclusion of Assessment of Environmental Effects A range of technical experts engaged by GBC Winstone have both informed the design and assessed the potential effects of, the proposed overburden disposal on the Pegram block as discussed above.

Overall, taking into account the proposed mitigation measures including the suggested conditions of consent, it is concluded that any adverse potential effects of the proposed overburden disposal activities and works will for the most part, be no more than minor particularly in relation to the effects arising from dust nuisance, effect on ecological values, stormwater and flooding, geotechnical effects and land stability, effects on archaeological values and effect on cultural values.



It is noted with respect to acoustic effects, the proposed placement of overburden will comply with the relevant District Plan noise rules for the majority of the proposed works , except in two cases (being at 5-7 and 11 Grove Lane) when works are occurring closest to these houses. It is noted however that the works will be very limited and short in duration, given the overall 35 year duration of the proposal.

With respect to landscape and visual effects, there are visual effects on some properties that border the Pegram block where that have been assessed as being very high and high (1-3 Grove Lane, 5-7 and 11 Grove Lane, 31 Acacia Drive and 52 Acacia Drive) in the Landscape and Visual Assessment and therefore the visual effect on these properties are considered to be more than minor. However it is noted that a number of design principles and operational parameters have been incorporated into the proposal that seek to minimise the visual effects of the overall proposal and in particular the effect on these identified affected properties.

It is noted that in accordance with s.104(3)(a)(ii), RMA a consent authority must not when considering an application have regard to any effect on persons who have given written approval to the application. It is noted written approvals from 5-7 and 11 Grove Lane are contained in Appendix 14.



6.0 Statutory Assessment

In accordance with Section 104(1) of the Resource Management Act 1991 (‘RMA’), this part of the report addresses the following statutory documents which are relevant to the assessment of this proposal:

• Part II of the RMA

• National Policy Statement for Freshwater Management (‘NPS-FM’)

• Regional Policy Statement for Northland (‘NRPS’)

• Regional Water and Soil Plan for Northland (‘RWSP’)

• Regional Air Quality Plan for Northland (‘RAQP’)

• Whangarei District Plan (“WDP”)

An assessment of the proposal against Part 2 of the RMA (s.104(1), RMA) and the relevant objectives and policies in these documents has been undertaken as follows.

6.1 Part 2 of the RMA Part 2 of the RMA sets out the purpose (Section 5) and principles (Sections 6-8) of the RMA.

Section 5 of the RMA states that the purpose of the RMA is:

“to promote the sustainable management of natural and physical resources”.

Section 5 also states:

“(2) In this Act, ``sustainable management'' means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.”

It is noted that the ‘aggregate’ extracted from the Otaika quarry falls within the definition of ‘minerals’ referred to in s.5(2)(a) under the RMA.

As discussed earlier in this report, the proposed overburden placement activity will secure the continued efficient operation of the Otaika quarry, and the continued supply of aggregate resource to the people and communities of the Northland region. The proposed overburden disposal activity has been carefully designed to ensure that there are no health and safety issues both to the operator and the adjoining property owners and communities.

It is considered that the granting of the district consents sought will provide for the sustainable management of the Otaika quarry and provide for the efficient long term extraction and use of this district and regionally significant mineral resource, and in so doing, provide for the social, economic and cultural needs of the people and communities of Whangarei and Northland.



Section 6 “Matters of National Importance” of the RMA states:

“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 recognise and provide for the following matters of national importance.”

The “Matters of National Importance” considered potentially relevant to this proposal are:

(a) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development.

(b) …

(c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna.

(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers.

(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

(f) The protection of historic heritage from inappropriate subdivision, use, and development.

(g) The protection of recognised customary activities.

In summary, the proposed overburden disposal activity is considered to be an appropriate use and development, and any adverse effects on the natural character values of the wetlands, river and their margins will be appropriately avoided, remedied or mitigated.

The proposed overburden disposal activities and works will not affect any areas of significant indigenous vegetation and significant habitats of indigenous fauna, and overall the ecological values of the site have been assessed as low (refer Assessment of Ecological Effects in Appendix 6).

There will be no impact on existing public access to the coastal marine area, lakes and rivers including effects off-site on the public recreational trails in the Otaika Scenic Reserve or within the Otaika Sports Ground.

There are no significant sites of historic heritage identified on the site as discussed in the assessment of archaeological effects by Clough and Associates in Appendix 7. Any potential adverse effects on the heritage values of the site will be appropriately avoided, remedied or mitigated particularly though proposed conditions of consent. The effects of the proposal on cultural heritage values have been assessed contained on the site, and it is not anticipated that there will be any adverse effect on any sites of archaeological significance beyond the footprint of the proposed overburden disposal activity.

Based on consultation undertaken to date with the Ruarangi Trust Board as the recognised iwi representatives of this area, it is understood that the proposed overburden disposal activities and works will not adversely impact on the relationship of the iwi and the cultural and traditional values of the site. .

Section 7 “Other Matters” of the RMA states:

“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 have particular regard to—”

The “Other Matters” considered potentially relevant to this proposal are:



(a) Kaitiakitanga.

(aa) The ethic of stewardship.

(b) The efficient use and development of natural and physical resources.

(ba) The efficiency of the end use of energy.

(c) The maintenance and enhancement of amenity values.

(d) Intrinsic values of ecosystems.

(e) [Repealed]

(f) Maintenance and enhancement of the quality of the environment.

(g) Any finite characteristics of natural and physical resources.

(h) …

(i) …

(j) …

The proposed overburden disposal activity will provide for the on-going and efficient extraction of the aggregate resource required to meet the demands for the resource in the Northland region and beyond.

In relation to amenity effects, at a site –specific level, the effects on amenity in particular adverse effects on visual amenity and acoustic amenity on particular residential properties directly adjacent have been assessed as being as more than minor adverse, such that the existing level of amenity at these particular properties will not be maintained nor enhanced. It is noted however that the proposed activity is an intermittent activity that will occur infrequently over a 35 year period. Further that the proposal is be located within the Mineral Extraction Area overlay and in the Countryside Living zone of the District Plan where the quality and attributes of the amenity values to be experienced in this environment (which includes authorised mineral extraction activities including the existing Otaika quarry and other rural production activities) need to be recognised.

The intrinsic value of the ecosystems of the site and will be enhanced though the landscape rehabilitation and riparian planting and stock exclusion that will be implemented as part of this proposal.

Section 8 of the RMA states:

“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).”

Based on consultation undertaken to date with the Ruarangi Trust Board as the recgnised iwi representatives of this area, it is understood that the proposed overburden disposal activities and works will not adversely impact on the iwi in exercising of their functions and powers under Te Tiriti o Waitangi.

6.2 Section 104C - Restricted Discretionary Section 104C states that, where considering an application for a restricted discretionary activity, the consent authority may grant or refuse the application. The consent authority must consider only those matters to which discretion has been reserved. If it grants the application, the consent authority may impose conditions only on those matters for which discretion has been reserved.



6.3 National Policy Statements

National Policy Statement for Freshwater Management 2014 (NPS-FM)

NPS-FM provides a nationally consistent framework for the management of New Zealand’s freshwater resource. The overburden placement will require the modification of an existing watercourse and due to the nature of works has the potential to impact on the quality of water leaving the site. It is proposed to reconstructed and rehabilitate the tributary of the Te Waiiti Stream and these works will maintain and improve the life supporting capacity of water, ecosystem processes and indigenous species. Further the proposed works will be undertaken with appropriate silt and sediment controls in place to protect the quality of freshwater. Overall it is considered that the proposal is consistent with the relevant objectives and policies in the NPS-FM. Refer to the Assessment of Objectives and Policies including the NPS-FM in Appendix 15.

6.4 Regional Policy Statement for Northland Otaika quarry is considered as regional significant resource in accordance with Policy 5.1.4 of the Regional Policy Statement for Northland (‘RPS:N’) which states as follows:

Policy 5.1.4 – Regionally significant mineral resources- RPS.N Mineral resources will be considered regionally significant, based on one or more of the following:

(a) Relative scarcity; (b) Current or potential contribution to the regional economy from the extraction; (c) Current and potential demand, and location with respect to demand; (d) Constraints on extraction including existing or planned settlement and access to the site; (e) Constraints on other development and land use as a result of extraction; (f) Quality and size of deposit; (g) Average annual extraction rate of minerals (more than 50,000 tonnes per annum for aggregates)

and (h) Importance to infrastructure development.

The use of the Pegram block for overburden placement will enable this resource to be efficiently extracted.

Objective 3.5 - Enabling economic wellbeing- RPS.N Northland’s natural and physical resources are sustainably managed in a way that is attractive for business and investment that will improve the economic wellbeing of Northland and its communities.

Objective 3.6 - Economic activities – reverse sensitivity and sterilisation -RPS.N The viability of land and activities important for Northland’s economy is protected from the negative impacts of new subdivision, use and development, with particular emphasis on either:

(a) Reverse sensitivity for existing: (i) Primary production activities; (ii) Industrial and commercial activities; (iii) Mining*; or (iv) Existing and planned regionally significant infrastructure; or

(b) Sterilisation of: (i) Land with regionally significant mineral resources; or (ii) Land which is likely to be used for regionally significant infrastructure.

* Includes aggregates and other minerals

The RPS for Northland recognise the significance of mineral resources such as that extracted at Otaika quarry and seek to ensure the resource is protected and managed in accordance with Objectives 3.5 and 3.6 with any adverse effects avoided, remedied or mitigated as appropriate. It is concluded that the proposed overburden disposal activity including the proposed mitigation



measures identified in this report, will ensure the identified adverse effects are appropriately managed and mitigated. Overall it is considered that the proposal is not contrary to the relevant objectives and policies in the RPS for Northland. Refer to the Assessment of Objectives and Policies in Appendix 15.

6.5 Regional Plans – Northland The Regional Water and Soil Plan for Northland and the Regional Air Quality Plan for Northland recognise the regional significance of the mineral resources at the Otaika quarry and seek to ensure any adverse effects are avoided, remedied or mitigated as appropriate. It is concluded that the proposed overburden disposal activity including the proposed mitigation measures identified in this report, will ensure the identified adverse effects are appropriately managed and mitigated.

The Regional Water and Soil Plan for Northland provides for the integrated management of water and soil resources of the Northland Region. The use of the Pegram Block for overburden disposal as proposed including the proposed mitigation measures proposed, are consistent with the specific environmental qualities managed by the Regional Water and Soil Plan.

In terms of the Regional Air Quality Plan for Northland the proposed overburden disposal works will employ mitigation measures to ensure that contaminants to air (dust) from the works are appropriately managed and will not result in offensive or objectionable dust deposition or nuisance airborne particulate matter, beyond the boundary of the subject property (Objectives 6.6.1 and 6.6.2).

Overall it is considered that the proposal is not contrary to the relevant objectives and policies of the relevant regional planning documents. The relevant objectives and policies have also been addressed in the assessment and determination by the Northland Regional Council of the regional consents.

Refer to the Assessment of Objectives and Policies in the Regional Water and Soil Plan for Northland and the Regional Air Quality Plan for Northland in Appendix 15.

6.6 Whangarei District Plan

6.6.1 Operative District Plan

A detailed assessment of the relevant objectives and policies in the Operative Whangarei District Plan is contained in Appendix 15 of this report.

The following section summarises that detailed assessment and is framed in the structure of the District Plan policy section:

Chapter 5. Amenity Values

The proposed use of the Pegram block for overburden placement is not inconsistent with the outcome envisaged for the Countryside Environment and Mineral Extraction overlay which provides for various productive activities. The site is modified and the natural values have been compromised through historic land use. The works will be undertaken during standard hours of operation and are not inconsistent with other rural commercial and industrial activities that could be undertaken on the site.



It is recognised that the surrounding landscape has been identified as containing some areas of landscape value and in particular 52 Acacia Drive is subject to the Notable Landscape Area. The Notable Landscape Area is also located around the western and southern edge of the Otaika quarry and also overlays the Ruarangi Block. In terms of the proposal, the works will maintain physical separation from the area of land affected by the Notable Landscape Area on 52 Acacia Drive and given the nature of the works located on land lower and falling away from this identified area there will be negligible effects on this land and no works are proposed in the Notable Landscape Area itself. The proposed overburden disposal area over time will impact on some views of parts of this Notable Landscape as observed from State Highway 1, Otaika Sports Park, Toe Toe Road and Rewa Rewa Roads (refer Appendix 8 Figures 73 – 79). However this is in the context of a wider field of view comprised of an already varied landscape and the inclusion of the new area of grazed pasture with scattered tree cover will not comprise the amenity of the area and the Notable Landscape Area remains a prominent feature of the higher landforms within the wider area.

Following the enabling works the site will be restored and rehabilitated to achieve a form and character which is consistent with rural pastoral character of the area comprising trees, grass and will be used for stock grazing.

It is noted that some site specific properties directly adjacent to the site will be affected the proposed overburden activity, however it is considered on balance that the proposal is not contrary to these objectives and policies on amenity values, particularly having regard to the amenity outcomes envisaged in in the Countryside Environment and Mineral Extraction Area overlay in the District Plan.

Chapter 7. Tangata Whenua

GBC Winstone have worked with iwi and hāpu to ensure that all potential tāngata whenua values and the exercise of rangatiratanga and kawanatanga is fulfilled. The potential effects have been identified and will be managed by the proposed works. This ongoing relationship of GBC Winstone with iwi and hāpu suitably respects and protects the relevant tāngata whenua values on and around the Pegram block and provides for continued consultation and information sharing over the life of the consents.

It is considered that the proposal is consistent with these objectives and policies.

Chapter 11. Riparian and Coastal margins and Chapter 12. Water Bodies

The proposal will modify a watercourse and consistent with the outcomes of these objectives and policies these works will be undertaken to minimise effects, maintains base flows and surface flows. Subsequent reconstruction and rehabilitation will ensure an appropriate riparian character is restored and will safeguarding the life-supporting capacity of the downstream environment. Overall these measures will ensure that ecosystem, amenity and cultural values are restored and maintained in the Pegram Block in association with reconstructed watercourse.

It is considered that the proposal is not contrary to these objectives and policies.

Chapter 13. Heritage Buildings, Sites and Objects

The site has been subject to archaeological survey which has confirmed the site does not contain any recorded sites and through fieldwork observations no subsurface archaeological



features or deposits. The overburden placement works will require the destruction of a midden that has been identified as part of the survey work. The midden is in poor condition and is of limited archaeological value and will be investigated in accordance with Heritage New Zealand Pouhere Taonga Act 2014, with an authority sought from the Agency prior to works commencing in that area.

The proposal is not contrary to these objectives and policies.

Chapter 16. Landscape

The Pegram block is not located near the coast, does contain any outstanding landscapes and natural features including geological sites. The successive phases of restoration and rehabilitation will ensure that the amenity values of the site are maintained and enhanced. It is also considered that there will be no significan effect on the Notable Landscape Area in located on the adjacent property to the site and beyond.


Chapter 17. Indigenous Vegetation and Habitat

The site is highly modified and has been determined to have low ecological values. The proposed works include a full restoration and enhancement programme for the watercourse which enhance and maintain the life supporting capacity and biodiversity. The new watercourse will be reconstructed with a naturalised form and riparian planting secured with stock proof fencing. Fish relocation is also proposed and will occur prior to works commencing to ensure that the effects on native fish are minimised and no new structures are proposed that will present a barrier to migratory native fish.


Chapter 18. Minerals

The proposed works are necessary to enable the efficient access to the aggregate resource at Otaika quarry and will be undertaken in a manner to ensure that the overburden placement enables access to the aggregate resource therefore securing continued supply of aggregate for the district.

The use of the Pegram block for overburden disposal will be undertaken on land adjoining residential properties and the actual and potential effects in terms of amenity will be managed to ensure the activity does not unreasonably compromise the amenity values of the nearby existing residential properties.

The proposal is consistent with these objectives and policies.

Chapter 19. Natural Hazards

The OBDA has been designed and will be constructed to ensure it will not result in damage to property or harm to people, including flood effects and potential subsidence as confirmed in the technical assessments by Tonkin and Taylor (in Appendix 9). The proposed reconstructed watercourses and riparian planting will be designed and implemented to provide greater resilience, than the site currently has in terms of potential flooding.



The proposal is consistent with these objectives and policies.

Chapter NAV. Noise and Vibration

The use of the Pegram Block for overburden disposal will be undertaken on land adjoining residential properties and potential noise and vibration effects will be managed to ensure that amenity will be maintained to appropriate levels and where these exceed the relevant standards they are undertaken in a manner that does not unreasonably compromise the amenity values of the nearby existing residential properties.

The use of the Pegram Block for overburden placement may generate noise that exceeds the relevant standards however these exceedance levels will be of relatively short duration This is not unanticipated by the plan and these effects will not be of level that would compromise the operation of other lawful activities.

Potential noise and vibration generating activities are provided for in the Countryside Environment and within Mineral Extraction Areas, some effects of the overburden disposal activity will extend beyond the area and exceeded the standards however it is considered the activity will not unreasonably compromise the amenity values of the nearby existing residential properties.


6.6.2 Proposed Plan Changes to the Whangarei District Plan

As noted above, Whangarei District Council notified ten Plan Changes to the District Plan these comprise:

• Proposed Plan Change 85 – Rural Areas,

• Proposed Plan Change 85A – Rural Production Environment

• Proposed Plan Change 85B – Strategic Rural Industries Environment

• Proposed Plan Change 85C – Rural Village Environment

• Proposed Plan Change 85D – Rural Living Environment

• Proposed Plan Change 86A – Rural (Urban Expansion) Environment

• Proposed Plan Change 86B – Rural (Urban Expansion) Living Environment Zoning

• Proposed Plan Change 87 – Coastal Area

• Proposed Plan Change 102 – Minerals (PC102)

• Proposed Plan Change 114 – Landscapes

Of particular relevance to the proposal is PC102 which seeks to introduce a chapter to specifically manage mineral resources and mineral extraction areas which are defined as being nationally and regionally significant mineral extraction. The chapters stated objective is to manage adverse effects on the environment from mineral extraction, and to protect significant mineral resources from constraints by conflicting land use.

The proposed policy framework remains generally consistent with that of the Operative District Plan with an enhanced and refined emphasis on nationally and regionally significant mineral



resources which are identified in Appendix 1 to the provisions of PC102 and includes the Otaika quarry. The policy framework also maintains the general approach to avoid the encroachment of sensitive activities on identified nationally and regionally significant mineral resources.

Regardless a decision on submissions has not been made at this time and accordingly it is considered that very little weight can be given to these objectives and policies.

GBC Winstone is a submitter to a number of provisions in these Plan Changes.

6.7 Conclusion on Statutory Considerations On balance it is considered that the proposal is consistent with Part 2 of the Act and is not contrary to the relevant objectives and policies in the suite of statutory planning documents required to be considered in the assessment of this proposal ( as set in Appendix 15).

The significance of the mineral resource at Otaika quarry to the Northland region and the importance of providing access to the mineral resource is specifically recognised in the Regional Policy Statement for Northland and Whangarei District Plan. The proposed overburden disposal activity will enable continued and efficient access to a regionally significant mineral resource and the activity will be undertaken to ensure any adverse effects are avoided, remedied or mitigated as appropriate.

7.0 Consultation

7.1 Neighbouring Properties GBC Winstone have been in discussion and dialogue with the owners and occupiers of neighbouring properties of the site for the last 12 months.

This consultation commenced with a distribution of a consultation pack on 28 April 2016. The consultation pack summarised the proposal including an initial design concept for the footprint of the overburden disposal area and discussed the consenting strategy. At this time, GBC Winstone were exploring a change to the District Plan as part of the rolling review of the Plan, to extend the Mineral Extraction Area (‘MEA’) Overlay over part of the Pegram block and create an MEA (Overburden Area), in the District Plan which provided for overburden disposal as a controlled activity. The consultation pack invited feedback from the community on the proposal and an initial design concept.

The distribution of the consultation pack was follows up by a presentation by GBC Winstone at a meeting of the Acacia Park Residents Association on 5 May 2016.

A public consultation meeting held on 12 May 2016 that was initiated by the Whangarei District Council as part of the District Plan Review, was also attended by GBC Winstone representatives and their technical advisors, where the preliminary overburden disposal proposal was outlined further by the company.

As a result of the consultation described above, GBC Winstone established an Otaika Site Liaison Group (‘SLG’) in June 2016. A terms of reference document was prepared to capture the purpose and objectives of the SLG. formed in June 2016 and a foundation document prepared to capture the purpose and objectives of the SLG. Representatives from the residents of the Acacia Park,



Smeaton Drive and local iwi have been invited to attend regular (6 monthly) meetings of the SLG together with GBC Winstone representatives and various technical experts that have been assisting GBC Winstone in the development of the overburden proposal. Members of the Ruarangi Trust Board were also invited to attend.

GBC Winstone distributed a follow up letter detailing the proposed overburden disposal works and a proposed consenting strategy on 25 October 2016. This letter was distributed to residents in the Acacia Park and Smeaton Drive communities.

In addition to these meetings, representatives from GBC Winstone have undertaken a number of meetings with individual property owners that are located in close proximity to the subject site, particularly during July and October 2016.

Matters raised during this consultation with residents to date, have included;

- Update on blasting notification process for existing Otaika quarry operations;

- Project update on proposed overburden disposal activity and the Pegram block history;

- Queries on iwi consultation;

- Queries on underlying geology of Pegram block including caves, springs and stability;

- Queries on gas transmission pipeline;

- Presentation of visual assessments;

- Queries on underlying hydrology; and

- Queries on alternatives assessment.

7.2 Tangata Whenua The proposal has been developed in consultation with Ruarangi Trust Board. Since 19 May 2016, five meetings and two site visits have occurred various members of the Ruarangi Trust Board and GBC Winstone representatives.

Table 2 below summaries the key matters discussed at those meetings.

Date / Members of the Ruarangi Trust Board in attendance

Discussion points

19 May 2016

Marina Fletcher, Mira Norris, Benjamin Pittman, and Pari Walker

• Project overview proposal to place overburden in the Pegram block and the current planning framework

• Discussion about the Ruarangi block and overview of its history

• Discussion around the current zoning of the quarry and Ruarangi block

10 June 2016

Mira Norris, Selwyn Norris, Benjamin Pittman, Taipari Munro, Tony Munro, Opania George,

• Project update and discussion about council process

• Update on the Pegram block proposal, planning and Ruarangi block

22 July 2016

Benjamin Pittman, Taipari Munro, Marina Fletcher,

• Brief discussion about Pegram block proposal, planning and Ruarangi block.

• Ruarangi site visit:



- Discussion about levelling and infilling of area in front of buildings (eastern side)

- Ruarangi trustees to meet and discuss proposed works

28 October 2016

Mira Norris, Selwyn Norris, Benjamin Pittman, Taipari Munro, Tony Munro, Opania George

• Project update – discussed proposal to apply for resource consent under operative District Plan Rules

• Presented draft landscape staging plans and visual simulations

• Discussed history around limestone features/caves in the area and cultural significance of these

17 November 2016

Benjamin Pittman, Taipari Munro, Marina Fletcher

• Site walkover proceeding from north western corner, along northern boundary, finishing on the southern boundary by the farm sheds

• explained our understanding to date regarding the underlying geology and technical studies underway to confirm this

10 February 2017

Benjamin Pittman, Mira Norris, Selwyn Norris, Marina Fletcher

• Engineering Geologist provided an overview of the project description, explaining how each phase will be developed and built;

• Presentation of the visual simulations and plan to show what the proposal will look like from different locations overtime;

• Engineering Geologist ran through the geotech, hydrology and ground water tech reports – explaining our understanding of why the limestone caves to the north do not extend under the Pegram block.

• Presentation of the remaining tech reports (ecology, noise and air quality)

February 2017– May 2017

Mira Norris and Marina Fletcher

• Regular meetings and telephone discussions with Ian Wallace on behalf of GBC Winstone to discuss the CIA.

In summary discussions with the Ruarangi Trust Board are ongoing and GBC Winstone will continue to engage on an ongoing basis. As noted, the Ruarangi Trust Board when consulted, requested that that they prepare a cultural impact assessment for the proposal and GBC Winstone is awaiting the receipt of this document at the time of lodging this consent. A copy of the Cultural Impact Assessment being prepared by the Trust Board will be provided to the Whangarei District Council.

7.3 Written Sign offs Written approvals have been provided by the following persons/ parties at this time and included in Apppendix 14.

1 Grove Lane 5-7 Grove Lane 6 Grove Lane 11 Grove Lane 41 Acacia Drive 30 Acacia Drive 18 Wattle Lane 19 Awatea Street 19 Awatea Street (Flat 1) 21 Awatea Street 23 Awatea Street.

First Gas as owner/ operator of the 434 High Pressure Gas Transmission Line has provided written approval under s.176 of the RMA. The pipeline is identified as DVG1 in the Whangarei District Plan and subject to a designation by Vector Gas Limited now First Gas Limited..



7.4 Council / Parks and Reserves A meeting was held with representatives from GBC Winstone and the Parks staff of the Whangarei District Council on 27 October 2016, where the company described the proposed overburden activity on the Pegram block, and the consenting strategy including the activities for which for which the company was intending to seek approval under the RMA.

7.5 Pre-Application Meetings Pre-application meetings were held with Mr Murray McDonald (Resource Consents Manager) on 27 October 2016 and 15 December 2016 where representatives for GBC Winstone outlined the proposal and consenting strategy including confirmation that an application would be sought for the placement of overburden as a ‘mineral extraction activity’ under the provisions of the operative Whangarei District Plan.

8.0 Notification

This section of the report provides discussion on the notification provisions in Sections 95 to 95G of the RMA.

Public Notification Section 95D of the RMA states:

“Consent authority decides if adverse effects likely to be more than minor

A consent authority that is deciding, for the purpose of section 95A(2)(a), whether an activity will have or is likely to have adverse effects on the environment that are more than minor—

(a) must disregard any effects on persons who own or occupy—

(i) the land in, on, or over which the activity will occur; or

(ii) any land adjacent to that land; and

(b) may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and

(c) in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and

(d) must disregard trade competition and the effects of trade competition; and

(e) must disregard any effect on a person who has given written approval to the relevant application.”

Section 95A of the RMA states:

“Public notification of consent application at consent authority's discretion

(1) A consent authority may, in its discretion, decide whether to publicly notify an application for a resource consent for an activity.

(2) Despite subsection (1), a consent authority must publicly notify the application if—



(a) it decides (under section 95D) that the activity will have or is likely to have adverse effects on the environment that are more than minor; or

(b) the applicant requests public notification of the application; or

(c) a rule or national environmental standard requires public notification of the application.

(3) Despite subsections (1) and (2)(a), a consent authority must not publicly notify the application if—

(a) a rule or national environmental standard precludes public notification of the application; and

(b) subsection (2)(b) does not apply.

(4) Despite subsection (3), a consent authority may publicly notify an application if it decides that special circumstances exist in relation to the application.”

The applicant recognises that it is at the Council’s discretion as to whether to publicly notify the application, having regard to the circumstances in 95A (2) (which sets out when a consent authority must notify an application) however it is noted:

- The adverse effects on the environment are considered to be on balance no more than minor noting that there are considered to be identified properties where acoustic effects and visual amenity effects will potentially be more than minor;

- There is no rule or national environmental standard which requires notification.

- There are no special circumstances which would warrant notification under Section 95A (4).

Limited Notification Where the consent authority accepts that public notification is not required (see Part 9.1 above), consideration must then be given to Section 95B, which states:

“Limited notification of consent application

(1) If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E to 95G) if there are any affected persons, affected protected customary rights group, or affected customary marine title group in relation to the activity.

(2) The consent authority must give limited notification of the application to any affected person unless a rule or national environmental standard precludes limited notification of the application.

(3) The consent authority must give limited notification of the application to an affected protected customary rights group or affected customary marine title group even if a rule or national environmental standard precludes public or limited notification of the application.

(4) In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities.”

Affected Persons With regards to affected persons, Section 95E states:

“95E Consent authority decides if person is affected person



(1) A consent authority must decide that a person is an affected person, in relation to an activity, if the activity's adverse effects on the person are minor or more than minor (but are not less than minor).

(2) The consent authority, in making its decision,—

(a) may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and

(b) in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity on the person that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and

(c) must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11.

(3) Despite anything else in this section, the consent authority must decide that a person is not an affected person if—

(a) the person has given written approval to the activity and has not withdrawn the approval in a written notice received by the authority before the authority has decided whether there are any affected persons; or

(b) it is unreasonable in the circumstances to seek the person's written approval.”

The applicant again, recognises it’s at the Council’s discretion as to whether to publicly notify the application, having regard to the circumstances in section 95E (which sets out when a consent authority must consider limited notification of an application.

It is noted that the Council must decide that person’s that have given written approval recorded is not an affected person in accordance with section 95E(3), RMA. Section 7.3 – Written Approvals above, records the persons that have given written approval at this time and are contained in Appendix 14.

Protected Customary Rights Group With regards to affected protected customary rights groups, Section 95F states:

Status of protected customary rights group

A consent authority must decide that a protected customary rights group is an affected protected customary rights group, in relation to an activity in the protected customary rights area relevant to that group, if –

(a) The activity may have adverse effects on the protected customary right carried out in accordance with the requirements of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and

(b) The protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.

It is considered that there are no protected customary rights groups to be potentially affected by this proposal.

Customary Marine Title Group With regards to customary marine title groups, Section 95G states:

Status of customary marine title group

A consent authority must decide that a customary marine title group is an affected customary marine title group, in relation to an accommodated activity in the customary marine title area relevant to that group, if –



(a) The activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and

(b) The customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.

With regard to the above, no customary marine title groups are considered to be potentially affected by the proposed overburden placement activity.

9.0 Conclusion

GBC Winstone is seeking land use consent from the Whangarei District Council for activities associated with the placement of overburden on a site known as the ‘Pegram block’ (being Pt Lot 2, DP 53728 and Pt Lot 363982) which lies directly adjacent to the consented and operated Otaika quarry.

Otaika quarry is a regionally significant mineral extraction activity as recognised in Policy 5.1.4 of the Regional Policy Statement for Northland and produces the majority of the aggregate resource required to meet the demand of the Northland Region. The ability to continue aggregate extraction at the Otaika quarry over the next 35 years, depends on the ability to place over 2 million m2 of overburden material at a new suitable overburden disposal site. GBC Winstone has assessed a range of options and have identified the Pegram block as the most suitable new overburden disposal site.

A total of approximately 2.4 million m3 of overburden is proposed to be placed in the Pegram block, and the final footprint of the overburden disposal area is designed to be 16.7 hectares in area.

The overburden placement will occur in two distinct phases, being ‘enabling works’ and ‘general works’ which will occur progressively over 35 years.

The enabling works are the preparatory works required at the start -up of the project and are anticipated to occur within the first two earthworks seasons following the commencement of the consent.

The general works will follow the enabling works, and will involve the progressive placement of overburden material during a series of campaigns typically lasting between 6 to 8 months depending on weather conditions. Overburden placement campaigns will occur infrequently every 3 to 5 years over the 35-year duration of the consent, depending on the market demand for aggregate. As a result, the overburden disposal activity can be considered an infrequent and temporary but reoccurring activity with no works occurring on the site for much of the time over the 35 year duration of the consent

The proposed activities associated with the placement of overburden from the Otaika quarry are considered to be within the scope of the definition of ‘mineral extraction activities’ in the Whangarei District Plan.

The site of the proposed overburden disposal activity is located within a Mineral Extraction Overlay (MEA3) and within the Countryside Environment Zone in the District Plan. The intent of the Mineral Extraction Overlay provisions in the District Plan is to minimise the encroachment of incompatible activities, define the areas in the District within which effect of mineral extraction activities can be contained as far as practicable, and facilitate the operation of the full range of



activities associated with commercial mineral activities. The Countryside Environment Zone is intended to provide for a range of traditional rural production and other rural commercial and industrial activities which includes quarrying and earthwork activities.

The proposed overburden disposal activity has been assessed as requiring a land use consent in accordance with Rules 64.3.1.2, 64.3.1.3, 38.3.3 and 38.3.6 of the District Plan. Overall the activity is deemed as a ‘restricted discretionary’ activity.

A range of expert reports have been prepared to assess the potential environmental effects of the proposed overburden placement activity, having regard to the matters over the Council has restricted discretion in the District Plan. The environmental effects assessed are as follows:

- Positive effects and security of supply of a regionally significant mineral resource.

The proposal will secure the continued extraction of aggregate at the regionally significant Otaika quarry over the next 35 years by providing the ability to place approximately 2.4 million m3 of overburden material at a new suitable overburden site.

- Landscape and visual amenity effects

The landscape and visual amenity effects assessment by Boffa Miskell (Refer Appendix 8) concludes the proposed overburden disposal activity will have an adverse effect on landscape and visual amenity values. The most significant adverse effects on visual amenity, will occur at several properties in the Acacia Park residential area directly adjoining the site. The assessment considers that high and very high adverse visual effects will occur at 5-7, and 11 Grove Lane and 31 Acacia Drive and 52 Acacia Drive (refer Table 5 of the Landscape and Visual Effects assessment in Appendix 8). The applicant has adopted a range of design features, operational methods and mitigation measures (including a mitigation planting) to minimise the overall adverse effects on landscape and visual amenity.

- Acoustic effects

The report by Marshall Day concludes that using the Pegram block for the placement of overburden material from the Otaika quarry can comply with the District Plan noise rules in all but two cases, (being at 5-7 and 11 Grove Lane). It also noted the circumstances where a potential exceedance of noise limits is predicted to occur, is during the period where the work inside the MEA 3 buffer is at its closest to these houses. It is noted that work in this area will be for a relatively brief period within the overall context of the application and will not be an on-going situation.

- Effects of dust nuisance

It is proposed to undertake a range of mitigation measures as recommended in the report by AECOM (refer Appendix 12). These mitigation measures will be detailed in a Dust Management Plan that it is suggested be provided to Council as a condition of consent. These mitigation measures seek to confirm the proposed activity does not result in any offensive or objectionable dust deposition beyond the boundary of the property.

- Effects on ecological values

Boffa Miskell has prepared an assessment of the ecological values of the Pegram block (Refer Appendix 7). Based this assessment it is considered that proposed vegetation clearance and works in wetland areas are a permitted activity under the District Plan. This assessment has determined that overall the ecological values within the footprint of the overburden disposal area are low. Mitigation measures are recommended to avoid, remedy or mitigate effects on these ecological values arising from the overburden placement activity including riparian planting and stock exclusion fencing. It is proposed that these works are



secured in condition of consent requiring a Riparian management plan to be submitted as part of any land use consent. Overall it is considered that subject to the imposition of mitigation measures, the effect of the proposed overburden placement activity on the overall low ecological values of the site, will be no more than minor

- Effects on hydrology and flood management

Tonkin and Taylor have concluded the proposal is unlikely to have a significant adverse effect either upstream or downstream within identified Flood Susceptible Areas in the Plan. Any risk to human life from flooding effect is anticipated to remain unchanged. It is concluded that the proposed overburden disposal area landform, can meet or exceed the requirements in Rule 56.2.3 (a) relating to earthworks in Flood Susceptible Areas as set in the District Plan.

- Effects on stormwater runoff/ erosion and sediment control

Erosion and sediment control measures have been approved by the Northland Regional Council in the regional resource consent already granted for the acuity, and will appropriately manage the actual and potential effects of sediment and stormwater runoff arising from land disturbing activities.

- Effects on land stability and geotechnical

A technical assessment by Tonkin and Taylor has confirmed the proposed overborne placement is geotechnical feasible and that the environmental effects related to geotechnical performance can be through good design and constriction practises.

- Traffic effects

It is concluded that the actual and potential effects of traffic movement within the site and between the Otaika quarry and Pegram block can be managed at acceptable level.

- Effects on archaeological effects

An assessment of the archaeological values of the site has been undertaken by Clough and Associates and is contained in Appendix 12. It is considered that the overall effect on archaeological values are likely to be minor, as an identified midden site that was identified during site investigations was determined to be in very poor condition and the potential for further unrecorded remains to be affected was considered low. The site was also determined to make only a small contribution to the wider archaeological landscape and any effects will be no more than minor. The proposal was also considered not to affect other recorded sites located on nearby properties. A number of recommendations regarding seeking an authority to work under s.44(a) of the HNZPTA, and protocols in the events of accidental discovery of remains are included in the suggested conditions of consent in section 5.10 of this report.

- Effects on Cultural Values

The Rurangi Trust Board is the representative of the recognised iwi for this area. GBC Winstone has had a long standing relationship with the Ruarangi Trust Board over a number of years. Consultation on this proposal has been on-going with the representatives from the Ruarangi Trust Board Trust since early 2016, wherein to date, the Trust Board have not identified any adverse effects on cultural values arising from the proposed overburden disposal activity of concern. At the time of the lodgement of these applications for land use consent, the Ruarangi Trust Board verbally advised that they were still in the process of preparing the Cultural Impact Assessment. A copy of the Cultural Impact Assessment will be forward to Council, when it is received from the Trust Board.



Overall taking into account the proposed mitigation measures, including the suggested conditions of consent, it is considered that for the most part, the effects will be no more than minor and the proposal will generate effect that could be reasonably contemplated in a Mineral Extraction Overlay and Countryside Environment Zone.

Adverse effects will occur on the two properties where a potential exceedance of the noise limits in the District Plan is predicted to occur, and further there will be adverse visual amenity effects at the properties at 5-7 and 11 Grove Lane and 31 Acacia Drive and 52 Acacia Drive that are considered to be more than minor. However, it is also considered that the applicant has undertaken reasonable measures to minimise these off-site adverse effects to the extent practicable.

In accordance with s.104(3)(a)(ii), RMA a consent authority must disregard any effect on persons who have given written approval to the application, wherein to date, written approvals have been obtained from 1 Grove Lane, 5-7 Grove Lane, 6 Grove Lane, 11 Grove Lane, 41 Acacia Drive, 30 Acacia Drive, 18 Wattle Lane, 19 Awatea Street, 19 Awatea Street (Flat 1), 21 Awatea Street and 23 Awatea Street (refer Appendix 14).

An assessment of the relevant objective and policy provisions in the Regional Policy Statement for Northland and the Whangarei District Plan has been undertaken. The policy directives in the RPS and District Plan both seek to recognise the importance of providing for regionally significant mineral extraction activities such as Otaika quarry provided effects can be appropriately avoided, remedied or mitigated. It is concluded that the proposed overburden disposal activity including the proposed mitigation measures identified in this report, will ensure the identified adverse effects are appropriately managed and mitigated.

Overall it is considered the proposed overburden disposal activity is generally consistent with the directives in the objectives and policies in the identified statutory planning documents particularly the RPS for Northland and the District Plan as set out in Appendix 15 and that granting of this land use consent would give effect to Part 2 of the Act.

Documents

OTAIKA QUARRY - PROPOSED OVERBURDEN DISPOSAL AREA · the centre of the Site in west to east direction towards Quarry Road, where it is contained in a culvert that runs out of the