Section 43(a) Application Amendment to the Break O’Day ...epa.tas.gov.au/documents/dennis_fieldwick_pty_ltd... · An application for a permit under the Land Use Planning and Approvals

LEVEL 2 QUARRY OPERATION, DIANAS BASIN, TASMAN HWY Section 43(a) Application Amendment to the Break O’Day Planning Scheme 1996

Appendices APPENDIX D Dianas Basin Quarry Environmental Assessment Report Department of Environment Parks, Heritage and Arts. April 2008

ENVIRONMENTAL ASSESSMENT REPORT Dianas Basin Quarry

Dianas Basin, St Helens

Dennis Fieldwick Pty Ltd

Report and recommendations of Environment Division

Department of Environment, Parks, Heritage, and the Arts

April 2008

Environmental Assessment Report Fieldwick Diana Basin Quarry Page i

Environmental Assessment Report

Applicant Dennis Fieldwick Pty Ltd

Proposal Quarry quartzwacke rock for use as road building material

Location Off Flagstaff Rd, Basin Creek, St Helens

NELMS 7546

DA number DA516-07

File 050287

Document G:\EEO_Enviro_Ops\EAS_Assessments\EAS_Projects\Fieldwick (Diana Basin)\Assessment Report\fieldwick Dianas Basin EAR.doc

Assessment process milestones

10/9/2007 Notice of Intent submitted

13/9/2007 DPEMP Guidelines issued

21/12/2007 Permit application submitted to Council

24/12/2007 Application received by Board

5/1/2008 Start of public consultation period

1/2/2008 End of public consultation period

26/03/2008 Supplementary information submitted to Board

Acronyms

Board Board of Environmental Management and Pollution Control

DPEMP Development Proposal and Environmental Management Plan

DTAE Department of Tourism, Arts and the Environment

EIA Environmental impact assessment

EMPC Act Environmental Management and Pollution Control Act 1994

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

LUPA Act Land Use Planning and Approvals Act 1993

SD Sustainable development

Environmental Assessment Report Fieldwick Diana Basin Quarry Page ii

Report summary This report contains an environmental assessment and recommendations to the Board of Environmental Management and Pollution Control in relation to Dennis Fieldwick Pty Ltd’s proposed quarry. The proposal involves the operation of a quarry at Dianas Basin, south of St Helens. The project includes the extraction and crushing of rock for road materials. Blasting will be required. Quarrying is projected to continue for at least 25 years at a maximum rate of 50 000 cubic metres of product per annum. This report has been prepared by the Environment Division of the Department of Environment, Parks, Heritage and the Arts (DEPHA) based on information provided by the applicant in the Development Proposal and Environmental Management Plan (DPEMP) and DPEMP Supplement. The advice of relevant Government Agencies and the public has also been sought and considered as part of this assessment. Background to the proposal and details of the assessment process are presented in Section 1 of this report. Section 2 describes the context of this assessment. Details of the proposal are contained in Section 3. Section 4 reviews the need for the proposal and considers the project, site and design alternatives. Section 5 summarises the public and Agency consultation process and the key issues raised in that process. The detailed evaluation of key issues is contained in Section 6. Section 7 identifies other environmental issues and the report conclusions are contained in Section 8. Appendix 1 contains a tabular evaluation of other environmental issues referred to in Section 7. Appendix 2 contains a summary of public/agency comments. Appendix 3 contains the table of commitments from the DPEMP, and Appendix 4 contains recommended environmental permit conditions for the proposal.

Environmental Assessment Report Fieldwick Diana Basin Quarry Page iv

Contents

1 APPROVALS PROCESS............................................................................................... 5

2 SD OBJECTIVES AND EIA PRINCIPLES ................................................................ 5

3 THE PROPOSAL ........................................................................................................... 6

4 NEED FOR PROPOSAL AND ALTERNATIVES ................................................... 10

5 PUBLIC AND AGENCY CONSULTATION............................................................ 10

6 EVALUATION OF KEY ISSUES .............................................................................. 11 6.1 KEY ISSUE 1 OPERATIONAL NOISE......................................................................... 11 6.2 KEY ISSUE 2: BLASTING ......................................................................................... 16

7 OTHER ENVIRONMENTAL ISSUES...................................................................... 20

8 CONCLUSIONS ........................................................................................................... 21

9 REFERENCES ............................................................................................................. 22

10 SUMMARY OF APPENDICES .................................................................................. 22 APPENDIX 1 - ASSESSMENT OF OTHER ENVIRONMENTAL ISSUES ............................... 23 APPENDIX 2 - SUMMARY OF ISSUES RAISED BY PUBLIC AND AGENCY SUBMISSIONS . 27 APPENDIX 3 - DPEMP COMMITMENTS (FROM TABLE 4.4 OF THE DPEMP) ............... 31 APPENDIX 4 - PROPOSED PERMIT CONDITIONS............................................................ 32

Environmental Assessment Report – Fieldwicks Diana Basin Quarry Page 5

1 Approvals process An application for a permit under the Land Use Planning and Approvals Act 1993 (LUPA Act) in relation to the proposal was submitted to Break O’Day Council 21 December 2007. The proposal is defined as a ‘level 2 activity’ under Schedule 2 Subsection 6(a)(ii) of the Environmental Management and Pollution Control Act 1994 (EMPC Act), being materials handling (crushing and screening of rocks). Section 25(1) of the EMPC Act required Council to refer the application to the Board of Environmental Management and Pollution Control (the Board) for assessment under the Act. The application was received by the Board on 24 December 2007. The Board required that additional information to support the application be provided in the form of a Development Proposal and Environmental Management Plan (DPEMP) prepared in accordance with guidelines jointly issued by the Board/Director and Break O’Day Council. The final guidelines were issued to the applicant on 13 September 2007. One draft of the DPEMP was submitted to DTAE for comment prior to its formal submission. A final DPEMP was submitted to Council with the permit application. The permit application and DPEMP were released for public inspection for a 28-day period commencing on 5 January 2008. Advertisements were placed in the Mercury and Examiner newspapers and on the DTAE web site. The DPEMP was also referred at this time to relevant government agencies for comment. On 18 February 2008, the Board/Director requested that the applicant prepare a DPEMP Supplement to address public, government agency (including DEPHA) and Council comments on the DPEMP. The DPEMP Supplement was submitted by the applicant on 26 March 2008.

2 SD objectives and EIA principles The proposal must be considered by the Board in the context of the sustainable development objectives of the Resource Management and Planning System of Tasmania (RMPS), and in the context of the objectives of the Environmental Management and Pollution Control System (EMPCS) established by the EMPC Act. The functions of the Board are to administer and enforce the provisions of the Act, and in particular to use its best endeavours to protect the environment of Tasmania, and to further the RMPS and EMPCS objectives. The Board must undertake the assessment of the proposal in accordance with the Environmental Impact Assessment Principles defined in Section 74 of the EMPC Act.


3 The proposal Dennis Fieldwick Pty Ltd (trading as Fieldwicks) is applying for a permit to operate a quarry located near Dianas Basin 5 km south of St Helens in North East Tasmania (Figure 1). The quarry and crushing activity is expected to supply the construction industry market at a rate of 10,000 to 50,000 cubic metres of crushed rock per year. Fieldwicks had been operating the quarry with a level 1 permit since 1998 (the quarry has been operating since 1994) until the Director of Environmental Management directed the company to cease operation in September 2007. This directive was in response to the company exceeding the allowable quantity of extracted material under the Level 1 permit. The company then applied for a Development Application to reopen the quarry, with a small increase in Lease area (Figure 2) and operate it as a Level 2 activity. The main characteristics of the proposal are summarised in Table 1. A detailed description of the proposal is provided in Section 3 of the DPEMP.

Table 1: Summary of key proposal characteristics

Characteristic Description/quantities

Activity description The proposal is for the extraction and crushing of up to 50,000 cubic metres of quartzwacke per year. The proposed quarry previously operated as a Level 1 activity until closed via a directive from the Director because the activity had exceeded its Level 1 production limit (dated 5 September 2007).

Product will primarily be used for road base.

Material is extracted by blasting, and crushed and screened by mobile equipment.

Location The proposed quarry is located off Flagstaff Road, Dianas Basin, St Helens

Land zoning The area is zoned as Natural Resources under the Break O’Day Council planning scheme (1996). Resource development is an allowable use in the zone.

Land tenure Crown land designated as State Forest. The previous activity was conducted under Mining Lease 16M/1994 (4 hectares). The proponent has applied to extend the lease. This extension has been provisionally granted. The extended area covers an additional area of 3 hectares under Mining Lease 17M/2007.

Site overview Various creeks are deeply incised due to the geology and the relatively steep slopes from the Scamander Tier. The quarry is located between two ephemeral (seasonal flow) creeks, and above Basin Creek. There is no groundwater in the quarry area due to the geology and the groundwater level is expected to be at the levels of the creek beds. There is a lockable gate to the quarry.

Surrounding area overview

Basin Creek joins other streams downstream before flowing into Dianas Basin a lagoon adjoining the sea.


Characteristic Description/quantities

Major equipment Mobile crushing and screening plant, excavator, trucks and loader use.

Other infrastructure

Inputs

Water Nil

Energy Diesel used by mobile plant and equipment.

Other raw materials Nil

Wastes Source, characteristics, treatment and discharge points

Liquid The DPEMP stated that, while runoff from the quarry is infrequent, due to the high permeability of the pit floor, the quarry floor will be managed so that drainage will flow to an excavated settling pit and then via a low gradient channel to the road table drain. Sediment settling ponds will be constructed as required on the road verge to ensure all solids are settled out prior to discharge to Basin Creek. This drainage plan is to be reviewed after the construction of the new access road.

Atmospheric Potential sources of atmospheric emissions from the land are;

• Dust from extractive activity and product handling at the land;

• Dust from vehicle movements to and from the land; and

• Drilling and blasting

Solid Any rubbish will be placed in vermin proof bins and removed weekly

Noise Noise is likely to be produced by the following activities carried out at the land ;

• Noise from drilling, blasting, excavation activity and material handling (crushing/screening); and

• Vehicle movements to and from the land.

Operating hours The proponent has requested operating hours of 0700 to 1900 hours weekdays and 0800 to 1600 Saturdays as per the Quarry Code of Practice.

Project timetable The quarry is to be reopened on attaining relevant permits.




4 Need for proposal and alternatives The purpose of the proposed activity is to reopen an existing quarry. Any alternative source of materials would require a new mining lease, land use permit and disturbance to a new site. The DPEMP stated that the quarry is the only quarry on the East Coast with a proven history of supplying material which complies with the G6 R40 specification (DIER) for main road construction. Other quarries may exist on the East Coast that have material that could be G6 R40 compliant with one in the process of achieving compliance, but at present the Fieldwicks quarry is the only one that has supplied compliant pavement material under DIER specifications to state road construction projects. (pers comm, Brian Watson, DIER, 20 Feb 2008).

5 Public and agency consultation The DPEMP was advertised seeking public comment for a 28 day period. A summary of the public representations and government agency/body submissions is contained in Appendix 2 of this report. The applicant’s response is contained in the DPEMP Supplement. Five representations were received. Many of these representations related to issues that the Council will consider. The key issues relating to issues pertaining the Land raised in the representations included:

• Residences located within the Standard Recommended Attenuation Distances (SRADS) for crushing, screening and blasting

• Blasting notification, • Noise surveys, • Other quarry suppliers, • Criticisms of past operations, • Distance to nearest residence, • Greenhouse gases, • Need for a Forest Practices Plan

The DPEMP was referred to a number of government agencies/bodies with an interest in the proposal. Responses were received from the following:

• Resource Management and Conservation (Dept Primary Industry and Water);

• Department of Infrastructure, Energy and Resources (DIER), • Mineral Resources Tasmania (DIER).

The following Divisions/Areas of the Department of Environment, Parks, Heritage and the Arts also provided submissions on the DPEMP:

• Noise Specialist , Environment Division The DPEMP Supplement prepared by the applicant provides a response to each of the relevant environmental issues raised by the public and government agencies/bodies.


The applicant has also undertaken its own public consultation process. According to the DPEMP, Fieldwicks and its consultants have consulted widely with state and local government authorities, including Minerals Resources Tasmania MRT, DEPHA, Break O’Day Council and the local residents in proximity to the quarry. A meeting was held, and as a result of this meeting with interested local residents in early December 2007, the proponent is considering the feasibility of sealing a portion of the access road to the quarry. The proponent stated that Fieldwicks will also fence the upper benches and agreed to relocate the access road into the quarry to minimise noise emissions from trucks at the nearest residence.

6 Evaluation of key issues The key environmental issues relevant to the proposal that were identified for detailed evaluation in this report were:

• Operational Noise • Blasting

These issues are discussed individually in the following Sections. The table of commitments from the DPEMP is included in Appendix 3 of this report. 6.1 Key issue 1 Operational Noise Description The proposed quarry had been previously operated as a quarry where blasting and crushing occurred. The quarry is situated within state forest. Three houses are located within approximately 700 metres of the quarry site. These are 380 metres to the east, 650 metres to the southeast, and 700 metres to the north. Another residence is planned for a site 550 metres to the northeast (Figure 3). The standard recommended attenuation distance (SRAD) where material is crushed is 750 metres. Potential Impacts The orientation of the quarry means that the house located 380 metres to the east would be the closest sensitive receptor at present, but residences to the northeast are more susceptible to noise. Several residences are approved or planned for this area (Figure 3). The potential noise impacts are related to material handling (crushing, screening, loading trucks, and truck movements). According to the DPEMP, Vipac Consultants were engaged to monitor noise from quarry operations under normal operating conditions. Their report was enclosed as Appendix H of the DPEMP. During the survey, the crushing plant was operating, but no trucks were carting gravel off site. Measurements were made at nine locations, each over a period of between 10 to 15 minutes. Two of the locations were at the nearest residential sites. With the quarry operating, reported noise levels are approximately 2-3 dB(A) higher than when the quarry was not operating. Ambient noise levels (quarry off) were recorded at 33 to 35 dB(A). Vipac concluded that the quarry is audible as engine


noise and rock crushing noise. When the quarry is not operating, the Tasman Highway is the main noise source. The Level 1 permit that the proponent was operating under did not have noise emission limits. Based on the noise survey, Vipac suggested that it would be desirable for noise levels at the nearest sensitive receptor (380 metres away) not to exceed 42 to 45 dB(A). Vipac also recommended that a buffer zone should be placed around the quarry by Council, within which residential dwellings and their immediate surrounds should not be located. An additional modelling exercise was conducted in response to the Environment Division’s request for a model of expected noise levels based on the sound power levels of the type of machinery expected to be used on site. This was provided in the Supplement. The predicted noise emission levels presented in the supplement were based on the expected type of machinery to be used on site, topography, and the depth of the quarry floor. The output representing the baseline predicted noise emission levels are presented in Figure 4. This model scenario was based on an earthen bund being present to attenuate noise, and the quarry floor at its present height. The model predicts that the highest noise levels would be recorded at two planned residences to the northeast of the quarry, where predicted noise levels would be 44 dB(A). The noise level at the closest occupied residence is predicted to be 40 dB(A). The model predicts that noise levels would decrease by approximately 4-5 dB(A) when the quarry floor is lowered by five metres. According to the DPEMP, this should occur after 2-3 years. Management measures • Quarry operations and transport will be restricted to the operating hours as set

out in the Quarry Code of Practice (Commitment 6). • Material stockpiles will be used to shield crushing operations to reduce noise

emissions (Commitment 5). • A buffer zone of 380m is requested to prevent residential encroachment • Flagstaff Road will be realigned and reconstructed to move the road away from a

residence, and realign access to the quarry (Commitment 4). • A speed limit of 40 km/h for truck traffic (Commitment 3). • Diesel motors will be maintained to minimise noise (Commitment 5). • A complaints register will be maintained by Fieldwicks which will record any noise

complaints.



Figure 4: Predicted Noise Emissions (From Figure 1 of Appendix C (Acoustic Modelling) in the Supplement).


Submissions SRAD (Public representation) Residences are located within the standard recommended attenuation distance (SRAD) for crushing, screening and blasting Proponent response: The concern is acknowledged. However SRADs are a guideline only and subject to onsite studies. One resident, who was proposing to build a residence within the SRAD, commissioned independent noise studies (as required by Council) and that survey reported that noise levels at a house approximately 400m from the quarry would be acceptable. Noise surveys (Public representation) Independent noise surveys are required, excessive noise at present. Proponent response: Pearu Terts, Consulting Engineer, has conducted independent noise monitoring for a proposed residence. His report documents noise measurements taken around the quarry in August 2007, and this report is included in the Supplement. The measurements in his report and Vipac’s are consistent, and are independent. Agency (Environment Division) Noise modelling Noise modelling needs to be conducted using actual noise levels from the machinery proposed for the activity. Proponent response: This has been conducted by Vipac and is provided as a separate report within Appendix C of the Supplement. Evaluation Standard Recommended Attenuation Distance There are residences existing, or planned, within 750 metres of the quarry (which is the SRAD for crushing). However, SRADs are a guideline, and “not intended to be automatically used as prohibition zones” (DELM, 1996). In addition to the distances, the topography of the area and actual noise level data should be considered. The noise surveys conducted by the proponent’s consultant and Pearu Terts suggest that noise levels at the nearest sensitive receptor would be less than 45 dB(A) when the quarry is operating. The Environment Division considers the results from these two surveys are consistent. Modelling using sound power levels of the expected machinery also predicted that noise levels would be less than 45 dB(A) at residences outside a 380 metre buffer. The proposed operating hours are 0700 to 1900 hours Monday to Friday, and 0800-1600 hours Saturdays (addressed in condition N1), and daytime noise levels at the nearest sensitive receptor should be set at 45 dB(A) (limits set in N2). This modelling was based on the presence of a bund to attenuate noise. Proposed condition N3 requires the proponent to construct and maintain such a bund prior to commencing operations. An annual survey (N4) is required to determine whether the activity is complying with N2, and N5 provides the reporting requirements. Recommendations Relevant management commitments outlined in the DPEMP and summarised above should be included in permit.


Standard conditions for the operation of a quarry, as routinely issued by the Director, should be included. N1 Operating hours N5 Noise survey report requirements In addition, several non-standard conditions should be included: N2 Noise emission Limits N3 Noise attenuation N4 Noise survey Requirements 6.2 Key issue 2: Blasting Description The existing environment was described in section 6.1. The standard recommended attenuation distance (SRAD) where blasting occurs is 1000 metres. Several residences are located within this distance. Blasting will result in noise (called “airblast”- which typically may result in rattling windows) and ground vibration. There are established limits for both of these parameters which are internationally and nationally accepted. The Quarry Code of Practice (1999) states that; • airblast overpressure must not exceed 115 dB (Lin Peak) for 95% of blasts, and

must never exceed 120 dB (Lin Peak) at the curtilage of the nearest residence. • Ground vibration must not exceed 5 mm/sec peak particle velocity for 95% of

blasts, and never exceed 10 mm/sec peak particle velocity. According to the DPEMP, blasting will be required approximately every 3 months. The DPEMP included a report from Terrock Consulting Engineers, who were commissioned by the proponent to design a blast program where noise and vibration from blasting would meet the required limits. Their report (Appendix I of the DPEMP) provided predicted noise and vibration levels from blasting, and recommendations for mitigation measures. Figure 5 presents the predicted airblast overpressure gradients. This shows that the 115 dB (Lin Peak) (which can only be exceeded for 5% of blasts) gradient is adjacent to the nearest residence (to the east of the quarry), and a planned residence to the northeast of the quarry. Figure 6 presents the predicted ground vibration resulting from blasts. This shows that ground vibration would be 3 mm/s at the nearest residence. Management measures • Blast modelling has given guidance for future blasting practices and potential

airblast and ground vibration contours have been generated. These show` that blasting will meet appropriate standards at the nearest residence.

• Residents (within 1000 metre radius, or as agreed) will be advised 24 hours prior to blasting which will occur approximately every three months (Commitment 1).

• Ongoing monitoring is planned to ensure blasting meets the relevant standards (Commitment 1).

• Modify blasting practices if required (Commitment 1).




Submissions SRAD (Public representation) Residences are located within SRADs for blasting The proponent responded that this is acknowledged, However SRADs are a guideline only and subject to site specific studies. Blasting notification Neighbours should be warned about impending blasts The proponent responded that Fieldwicks have committed to this (Commitment 1). Agency (Environment Division) Airblast A residence is on the modelled 115 dB (Lin Peak) contour line (Fig 4.3). Detail regarding the level of confidence in the airblast modelling is required. Detail mitigation measures if airblast pressure exceeds the guideline levels The proponent responded that the airblast was modelled by Terrock who have used the model innumerable times and this has proved accurate in estimating airblast and vibration. Similar results were obtained by the consultant (Pearu Terts) who was engaged to measure noise at a proposed residence. The proponent responded that it is proposed to measure every blast (at least initially) at the residence likely to be most affected (Commitment 1). If the measurements indicate that the standard is being exceeded, blast pattern design will be modified (e.g reduce loadings, increase stemming etc) (Commitment 1). Evaluation Standard Recommended Attenuation Distance There are residences existing, or planned, within 1000 metres of the quarry (SRAD for blasting). However, as noted above, SRADs are a guideline. The modelling predicts that the proponent will comply with the limits placed on blasting by the Quarry Code of Practice, although the nearest residence is adjacent to the contour for 115 dB (Lin Peak), which must not be exceeded for more than 5% of blasts. The proponent has committed to monitoring blasts to demonstrate compliance. If an exceedence is detected, the blasting contractors do have the ability to modify the blast pattern design in order to achieve compliance with subsequent blasts. The proposed permit conditions relating to blasting are B1, limiting blasting times to between 1000 and 1600 hours Monday to Friday (excluding public holidays), B2 which imposes airblast overpressure levels and ground vibration levels. Condition B3 requires the proponent to notify residents within 1000 metre radius, and the Director at least 24 hours prior to a planned blast, and B4 requires the submission of a blast monitoring plan that details methods and locations to be used to monitor blasts.


Recommendations Relevant management commitments outlined in the DPEMP and summarised above should be included in permit. Standard conditions for the operation of a quarry should be included. B1 Blasting times B2 Blasting – noise and vibration limits In addition, non-standard conditions should be included: B3 Notification B4 Blast monitoring plan 7 Other environmental issues In addition to the key issues, the following environmental issues were considered relevant to the proposal and have also been evaluated. • Aboriginal heritage • Dust • Effluent disposal • Fire risk • Flora and fauna • Hazardous materials • Rehabilitation • Solid waste management Details of this evaluation, along with recommended permit conditions, are contained in Appendix 1. A submission was received from DIER in relation to roads that are off the Land. That issue is outside the scope of the EMPC ACT. The submission is included in section B of Appendix 2. The following issues were raised by representors. The response column notes where these have been addressed as a part of this assessment. A reason is provided for the issues that were not addressed. Table 2: Public representations and Environmental Division response Issue Response Requested sealing of Flagstaff Road from Tasman Hwy to State Forestry boundary.

Outside scope of EMPC Act.

Considers that boom gate should not be placed on track between quarry and Loila Tier Rd, because this track may be required as an escape from fire for local residents.


Establish signage at the Tasman Hwy intersection indicating Flagstaff Rd.


Residences within SRADs for crushing, screening and blasting

Has been addressed in Section 6.


Issue Response Requests that entrances to the excised section of road (after realignment) be secured to prevent unauthorised use.


Speed limits for trucks to be reduced Outside scope of EMPC Act. Neighbours should be warned about impeding blasts

This is a permit condition (B3).

Independent noise surveys, excessive noise at present

These are permit conditions (N4 and N5).

Compensation for loss of quality of life and property value


Suggested other quarries in area do produce material of a similar quality

Addressed in Section 4.

Tenure of Flagstaff Rd Outside scope of EMPC Act. Planned realignment will cross part of Environmental Protection Zone and require vegetation removal

Outside scope of EMPC Act (not a part of “the Land”.

Request more details regarding modification to the access road to quarry.


Criticisms of past operations • Lack of blasting notification • Dust • Noise • Operating outside operating hours • Operating illegally as per production

levels • Quarry never had planning approval

from Council

These issues have either been addressed through permit conditions, or are outside scope of EMPC Act. The proponent responded to these criticisms in the supplement.

Capacity of bridge crossing Basin Creek to carry B double trucks


Queried stated distance to nearest residence Fig 2.2 shows house at 500 metre radius, while same house is at 380 metres in fig 4.2

This was rectified within the Supplement.

Were greenhouse gases accounted for when material was transported to Fingal region

Addressed in Supplement

Suggested a Forest Practices Plan is required for vegetation clearance because of presence of threatened species.

According to the proponent (in Supplement), less than one hectare will be cleared, however the proposal has been submitted to the Forest Practices Board.

8 Conclusions The Division is of the view that:

(i) the RMPS and EMPCS objectives have been duly and properly pursued in the assessment of the proposal; and

(ii) the assessment of the proposal has been undertaken in accordance with the Environmental Impact Assessment Principles; and

(iii) the recommendations set out in this report accord with the Board’s responsibilities in relation to these objectives and principles.

This assessment has been based upon the information provided by the applicant in the permit application, DPEMP and DPEMP Supplement.


This assessment has incorporated specialist advice provided by Divisions of DEPHA in relation to a number of key issues. It is concluded that the proposal is capable of being managed in an environmentally acceptable manner such that it is unlikely that the RMPS and EMPCS objectives would be compromised, provided that the recommendations made in this report are satisfactorily implemented, including the commitments made by the applicant in the DPEMP and DPEMP Supplement.

9 References DELM, 1996. Environmental Assessment Manual, Department of Environment and Land Management, January 1996.

Dennis Fieldwick Pty Ltd, November 2007 Dianas Basin Quarry Reopening DPEMP

10 Summary of appendices 10.1 Assessment of other environmental issues 10.2 Summary of issues raised by public and agency submissions 10.3 DPEMP commitments 10.4 Proposed permit conditions

Appendix 1 - Assessment of other environmental

issues Issue Aboriginal heritage Description of potential impacts The loss of heritage features within the Mining Lease area. Management measures proposed in DPEMP An Aboriginal Heritage survey was conducted and the report included in the DPEMP (Appendix E). No sites were found within the Mining Lease area. Public and agency comment The Aboriginal Heritage Office (AHO) responded that AHO had no objection to this development. The AHO did state that the area is conducive to Aboriginal Heritage and that sites may be uncovered through the development, and if sites were found, all works were to cease and the AHO contacted, Evaluation The advice of the AHO appears appropriate considering no sites were found. Recommendation Standard information on provisions of Aboriginal Relics Act 1975 regarding material encountered during construction or operation to be included in Schedule 3. Issue Dust from the extraction operation (as distinct from heavy traffic on the access roads) Description of potential impacts The sources of dust will be from drilling, blasting, crushing, screening, and loading trucks. Management measures proposed in DPEMP According to the DPEMP, the rock to be quarried generates minimal dust and that dust has not been noticeable from the quarry previously. The proponent has committed to minimising dust through the use of water sprays on equipment and internal roads, and the use of tarpaulins to cover loads (Commitment 2). Public and agency comment No comments were received concerning dust from the extraction activity itself. Evaluation The management measures are considered satisfactory. Recommendation It is recommended that the applicant be required to comply with standard permit conditions A1, A2, and A3, and Commitment 2. Issue Effluent disposal Description of potential impacts Contamination of off-site land and surface waters, especially Basin Creek, from stormwater contaminated with hazardous materials and sediment. Management measures proposed in DPEMP According to the DPEMP;

• The quarry floor will be bunded on the areas adjoining natural areas above the creek. • The floor will be graded to direct surface drainage to a settling basin prior to draining

to the access road table drain. The table drain will be provided with settling basins at intervals to control flow velocity.

• The pits and drain will be maintained and cleaned out as required and at least twice a year.

• A natural vegetation buffer of at least 50m will be maintained between the quarry floor and the creek.

• No chemicals, fuels or oils will be stored at the site (other than daily requirements). • All maintenance and refueling areas will be bunded and any spillage will be cleaned

up. Public and agency comment No public or agency comments were received. Evaluation The measures described above are considered adequate to manage the risk. Recommendation It is recommended that the applicant be required to comply with standard permit conditions E1, E2, and E3. Issue Fire risk Description of potential impacts Fire is a risk to both operators and the rehabilitation vegetation. Management measures proposed in DPEMP There were no management measures relating to fire in the DPEMP. Public and agency comment Resource Management and Conservation (DPIW) requested that the proponent develop a fire management plan. This was agreed to by the proponent in the DPEMP supplement. Evaluation The measure described above is considered adequate to manage the risk of fire. Recommendation It is recommended that the applicant be required to comply with non standard permit condition FM1. Issue Flora and Fauna Description of potential impacts A flora and fauna survey (by NorthBarker) indicated that apart from previous workings, the lease is covered with mature and regrowth Eucalyptus sieberi forest not on granite (not threatened), and Notelaea-Pomaderris-Beyeria forest (rare) along Basin Creek. Three threatened species listed under the Tasmania Threatened Species Protection Act 1995 (TSPA) were recorded. These are communities of Hibbertia virgata (twiggy guineaflower ) and Plantago debilis (shade plantain) both of which are listed as rare and Desmodium gunnii (southern ticktrefoil) listed as vulnerable. The species Helichrysum aff. leucopsideum was also recorded, which is likely to be listed under TSPA in the future. Several weed species were also recorded. Management measures proposed in DPEMP Management measures to protect flora and fauna include:

• Restricting vegetation disturbance to minimum area; • Maintenance of undisturbed buffer area to Basin Creek and vegetation of

conservation value; • Protection of threatened species Hibbertia virgata, by identification and fencing; • Develop and implement a weed and Phytophthora cinnamomi management plan; and • Ongoing rehabilitation with native species

Public and agency comment Resource Management and Conservation (RMC) requested that the proponent map the areas of Helichrysum aff. leucopsideum, and supported the management measure to fence off the areas containing Desmodium gunnii, Hibbertia virgata, and Plantago debilis. RMC highlighted the proponent’s legal obligations relating to weeds. Evaluation The measures described above are considered adequate to manage the risk to these communities. Recommendation

It is recommended that the applicant be required to comply with non standard permit conditions, FF1 and FF2. Issue Hazardous materials Description of potential impacts Contamination of surface and groundwater, and the land. Management measures proposed in DPEMP According to the DPEMP; • There will be no onsite storage of chemicals, fuels, or oils (other than daily requirements).

Some maintenance and refuelling will take place. • All maintenance and refuelling areas will bunded, and any spills cleaned up. Public and agency comment No concerns were raised in relation to hydrocarbon management. Evaluation The measures described above are considered adequate to manage the risk of contamination by hazardous materials. Recommendation It is recommended that the applicant be required to comply with standard permit condition H1 (storage and handling of hazardous materials) and condition G8 (provision of spill kits). Issue Rehabilitation Description of potential impacts Erosion and visual impact Management measures proposed in DPEMP According to Commitment 8 of the DPEMP; • Progressive rehabilitation will be undertaken using native species. According to the Supplement • Topsoil will be stored for future rehabilitation use; and • Overburden will be used as a noise bund. Public and agency comment RMC queried how overburden and topsoil would be stored. Evaluation The measures described above are considered adequate to manage the rehabilitation of the quarry. Recommendation Rehabilitation condition R1 requiring progressive rehabilitation, and R4 requiring topsoil and overburden conservation and management are recommended. Rehabilitation conditions R2, R3, R5 and R6 set out requirements for the rehabilitation of the lease area in the event of temporary and/or permanent cessation Issue Solid waste management Description of potential impacts Contamination of the surface and groundwater, and the land. Management measures proposed in DPEMP According to Commitment 7 of the DPEMP; • Animal proof containers will be installed for depositing waste, and • These containers will be emptied weekly at an approved facility Public and agency comment No issues were raised in relation to solid waste management. Evaluation

The measures described above are considered adequate to manage the risk of contamination from solid waste. Recommendation It is recommended that the applicant be required to comply with Commitment 7 of the DPEMP.

Appendix 2

Appendix 2 - Summary of issues raised by public and agency submissions

A. Relevant Public Submissions Five Representations were received and issues raised were: Issue Requested sealing of Flagstaff Road from Tasman Hwy to State Forestry boundary. Considers that boom gate should not be placed on track between quarry and Loila Tier Rd, because this track may be required as an escape from fire for local residents. Establish signage at the Tasman Hwy intersection indicating Flagstaff Rd. Residences within SRADs for crushing, screening and blasting Requests that entrances to the excised section of road (after realignment) be secured to prevent unauthorised use. Speed limits for trucks to be reduced Neighbours should be warned about impeding blasts Independent noise surveys, excessive noise at present Compensation for loss of quality of life and property value Suggested other quarries in area do produce material of a similar quality Tenure of Flagstaff Rd Planned realignment will cross part of Environmental Protection Zone and require vegetation removal Request more details regarding modification to the access road to quarry. Criticisms of past operations

• Lack of blasting notification • Dust • Noise • Operating outside operating hours • Operating illegally as per production levels • Quarry never had planning approval from Council

Capacity of bridge crossing Basin Creek to carry B double trucks Queried stated distance to nearest residence Fig 2.2 shows house at 500 metre radius, while same house is at 380 metres in fig 4.2 Were greenhouse gases accounted for when material was transported to Fingal region Suggested a Forest Practices Plan is required for vegetation clearance because of presence of threatened species. B. Referral Agency Comments Environment Division

Chapter Section Page/para

Comment

4.3

Table 4.1

Noise modelling needs to be conducted using actual noise levels from the machinery proposed for the activity.

A residence is on the modelled 115 dBA contour line (Fig 4.3). Detail regarding the level of confidence in the airblast modelling is required.

Mitigation measures if airblast pressure exceeds the guideline levels

Clarify apparent discrepancy in data for Location 3

Appendix 2


Comment

Provide data for Locations 7-9

Resource Management and Conservation (DPIW)


Comment

Appendix D 3.2 page 16

It is recommended that the location of Helichrysum aff. leucopsideum be mapped and that any potential impacts on this species be avoided.

5 5.1 Actively excluding the area where Hibbertia virgata is found and constructing an exclusion fence is fully supported.

5 5.1 It is recommended that appropriate measures eg fencing be undertaken to prevent incidental damage to Desmodium gunnii and Plantago debilis (and similar habitat in the vicinity of the recorded occurrences - given the likelihood of more plants occurring than those recorded as mentioned in the North Barker report).

5 5.3 The proposed prescriptions for the management of the quarry including the development and implementation of a Phytophthora and weed management plan are fully supported. Care with this is needed given the proximity of a significant rare vegetation community in Basin creek.

page 17

The presence and legal status of Erica lusitanica is noted. However, what is not conveyed is the fact that removal of material contaminated with seed of this plant constitutes a breach of the Tasmanian Weed Management Act 1999. Eradication of this weed is therefore required prior to the expansion of operations into infested areas.

page 32

The flora species list includes “Genista sp”. It is highly likely that this is Genista monspessulana, a declared weed under the Tasmanian Weed Management Act 1999, for which there are similar legal obligations to those for Erica lusitanica. The DPEMP, based on the information contained – but not thoroughly explained – in the Flora Survey, does not adequately address the weed management obligations of the quarry operators.

DPEMP It is recommended that a fire mitigation and management plan be developed to manage the risk of fires starting in, and spreading from, the quarry into adjoining state forest and other land, particularly given the proximity of threatened communities to the quarry site

3.5 3.5.1 16 It is not clear where or how salvaged overburden and topsoil is to be stockpiled on site for later use in rehabilitation works. This material should be stored separately to avoid mixing, compaction, potential loss through erosion and contamination by weeds.

Appendix 2


Comment

4 4.8.2 p29 The management action to “Develop and implement a weed and Phytophthora cinnamomi management plan” is noted. When preparing this plan the legal obligations imposed on the operators by the Weed Management Act 1999 will need to be addressed. Due to the presence of one and probably two declared weeds, weed control must be undertaken as soon as possible to prevent weed spread.

DIER

1. It is concurred as outlined in the TIA submitted by Terry Eaton dated November 2007and DPEMP that the following are required:

• The junction with the Tasman Highway be upgraded to meet

Austroads Fig 6.24 BAL requirements and Department of Infrastructure, Energy and Resources road construction standards.

• Deviation of Flagstaff Road past the loop section to which an existing

residence fronts.

• Maintenance of the Flagstaff Road gravel surface and edge drainage to ensure a satisfactory travelled surface is available

• Installation of a “Truck” advisory warning sign (W5-22B), hinged sign

to face vehicles entering Flagstaff Road from the Tasman Highway, sign face to be displayed at time of cartage only.

2. It is also required that the junction with the Tasman Highway be upgraded to

meet Fig 6.37 BAR requirements and Department of Infrastructure, Energy and Resources road construction standards. This will involve 25m approach and departure tapers, and 35m and 15m sections of full width traffic lane before and after the Flagstaff Road centreline to provide a 6m wide sealed road width on the eastern side of the Tasman Highway centreline.

3. In addition it is also required that: • The throat of the Flagstaff Road junction with the Tasman Highway be

sealed to at least the edge of the roadside property boundary • Junction line marking and a R1-2(B) Give Way sign be installed on the

Flagstaff Road approach to the Tasman Highway.

4. For approval purposes a sign and line marking plan is required that details: • junction upgrade setout • sign and line marking set out • cross section, pavement design, seal design and drainage details

Appendix 2

5. The developer must obtain approval for the required traffic management changes as outlined in the points above and make application for a permit to undertake road works within the State Road Reserve.

MRT Chapter Section Page/para Comment 3 3.2 Plan 3.1

between pages 14&15

Quarry Plan shows existing lease 16M/1994 as a blue rectangle. This shape is incorrect and does not accurately represent the existing lease. This plan requires redrafting to correct this error. An accurate plan of the current lease is available on the MRT website www.mrt.tas.gov.au or one can be obtained on request.

3 3.4 16 In section 3.4 Quarry Plans the proposed benching is discussed. The proposal for the upper faces to be 5m in height and the lower ones 10m is satisfactory. However, bench widths are described at 2.5m. MRT has some concerns that this width may not be adequate for safety and operational (machinery) purposes. Proponent to discuss this with MRT.

3 3.9 21 MRT confirms that this represents a strategically important quarry resource

Appendix 3 - DPEMP commitments (from Table 4.4

of the DPEMP) Potential

Impact Management measure commitments

1 Blasting Advise all residents within a 1km radius, (or as agreed) 24 hours in advance Monitor blasting at nearest residences to ensure compliance with standards Modify blasting practices if required

2 Air Emissions onsite

Operate water sprays on crushing equipment Minimise disturbance Progressive rehabilitation Watering of internal roads Quarry roads routinely maintained.

3 Air Emissions offsite

Transport trucks will be tarpaulin covered. 40 km/h truck speed limit on Flagstaff Road Road dust suppression.

4 Flagstaff Road Upgraded, including road diversion, sealing part and quarry access.

5 Noise Emissions – onsite

Maintain attenuation distances to neighbours. Maintain site vegetation, buffer zones and vegetation. Maintain material stockpiles as buffers Maintain diesel motors to minimise noise.

6 Noise Emissions – offsite

Hours of operations to Quarry Code of Practice. 7.00 am to 7.00 pm Monday to Friday. 8.00 am to 12.00 pm Saturday. No transportation on Sundays or gazetted public holidays. Transport operator not to use engine brakes unnecessarily. 40 km/h truck speed limit on Flagstaff Road.

7 Waste Management

Install animal proof waste container. Empty the waste container weekly to an approved facility.

8 Biodiversity, Conservation and Heritage Values

No disturbance of buffer zones and remnant vegetation. Implement a weed and Phytophthora cinnamomi management plan Progressive rehabilitation with native vegetation

Appendix 4 - Proposed permit conditions

Documents

Section 43(a) Application Amendment to the Break O’Day ...epa.tas.gov.au/documents/dennis_fieldwick_pty_ltd... · An application for a permit under the Land Use Planning and Approvals