30973545 1 - ministry of justice

Microsoft Word - 30973545_1.docxBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA
ENV-2018-AKL-000078
Act 1991 (RMA)
applications for resource
Auckland
Regulatory Authority
EVIDENCE OF PHILLIP JOHN WARE ON BEHALF OF PANUKU DEVELOPMENT AUCKLAND
(CONTAMINATED LAND AND GROUNDWATER) 7 AUGUST 2018
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My full name is Phillip John Ware.
I am a Technical Director at Beca Ltd, and provide a lead technical verification role in
contaminated land and environmental projects across Australasia.
I hold a Bachelor of Science (Honours) with a double major in Geology and Geography
from the University of Otago. I am a Certified Environmental Practitioner and accredited
Contaminated Site Specialist (CEnvP, CS Specialist). I am a member of the
Environmental Institute of Australia and New Zealand and a member of the Australasian
Land and Groundwater Association. I operate as a Suitably Qualified and Experienced
Practitioner (SQEP) as required under the Resource Management (National
Environmental Standard for Assessing and Managing Contaminants in Soil to Protect
Human Health) Regulations 2011.
I have seventeen years’ experience working as an environmental consultant. Through
the majority of my environmental science career in New Zealand, Australia, the United
Kingdom and Europe, I have specialised in hydrogeology and contaminated land
investigation, focusing on assessment and management. My work has included
undertaking site contamination assessments for a variety of large and small projects
across a range of industries. I have authored and reviewed more than 200 soil
contamination investigation reports both in New Zealand and overseas. I am familiar
with the regulatory requirements in relation to contaminated land in New Zealand,
including the assessment of risk to people and the environment and the provision of
appropriate mitigation measures. I have a significant amount of experience dealing with
the particular contaminants of concern involved in the project, namely gasworks wastes
and petroleum hydrocarbons, from leading large-scale investigation and remedial
projects in the United Kingdom and Europe.
During my degree studies I specialised in Hydrogeology and I have undertaken
investigations into groundwater quantity, level, and quality impacts throughout my career.
I have undertaken additional post graduate courses in groundwater modelling (in Delft
the Netherlands) and contaminant transport in the United Kingdom.
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I have been the lead contamination specialist on large road projects such as the Puhoi
to Wellsford Road of National Significance: Puhoi to Warkworth Section, the MacKays to
Peka Peka Expressway, Peka Peka to taki Expressway, and Penlink Whangaparaoa
Peninsula Connection. I have led Contaminated Land services for land development
projects such as the 650 lot Pacific Heights Development in Orewa including mitigation
of the West Hoe Heights Landfill. I am currently providing specialist advice to several
New Zealand and Australian Airports together with both the New Zealand and Australian
Defence Departments on the contamination issues related to per and poly-fluroalkyl
substances associated with use in firefighting foams.
I have undertaken a large range of environmental management roles on numerous
significant earthworks projects. I am currently developing and implementing dust and air
quality management for projects such as the Wynyard Quarter Road upgrades and
Erosion and Sediment Control for Pacific Heights 650 lot subdivision in Orewa.
I advise that I have read the Code of Conduct for Expert Witnesses contained in the
Environment Court Practice Note 2014 and have complied with it in preparing this
evidence. I confirm that the issues addressed in this evidence are within my area of
expertise and I have not omitted material facts known to me that might alter or detract
from my evidence.
2. BACKGROUND
I have been asked to provide evidence in relation to contaminated land and groundwater
effects arising from construction and earthworks activities required to build the bases on
land and infrastructure together with the human health mitigation for the future use of the
facilities on land.
I have been engaged by Panuku Development Auckland (Panuku) since 2014 as their
lead advisor on contaminated land issues to facilitate the ongoing developments within
the Wynyard Quarter. This role initially included drawing together of all available and
relevant groundwater and contamination information obtained over the last 20+ years,
progressing to additional investigations of both soil contamination and groundwater. In
2015, I then led the production of Investigation Reports on the Wynyard Central area and the surrounding road network. An ‘overview’ Remediation Action Plan (RAP) was then
produced which has formed the basis of all subsequent contamination responses. I have
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been involved in the assessment of groundwater level impact across Wynyard and the
modelling of effects.
3. SCOPE OF EVIDENCE
For the Americas Cup 36 project I have been engaged by Panuku to prepare a Preliminary Site Investigation Report (PSI) (CBD Vol A, CB32, page 1917) for the
disturbance of soils on land, and an initial RAP.
The initial RAP submitted as part of the application will form the basis of subsequent
updates to be undertaken by the Wynyard Edge Alliance. At the time of preparing this
evidence I note that a Draft Version of the first update has been prepared by Mr Chris
Bailey (of Tonkin and Taylor) on behalf of the Wynyard Edge Alliance. A copy of the updated RAP is attached to my evidence as Attachment A. I have reviewed this
document and can confirm that it is consistent with the initial RAP while providing
additional procedures and mitigation measures for the placement of dredged materials,
asbestos controls, and general handling. The Wynyard Edge Alliance RAP will continue
to evolve as additional data is obtained.
Evidence prepared by Mr Paul Kennedy covers the quality of sediment in Freemans Bay
and Viaduct Basin. Mr Kennedy’s evidence also provides an assessment of effects due
to disturbance of sediments within the Coastal Marine Area, and Marine environments.
My evidence and the mitigation measures within the initial RAP and the Wynyard Edge
Alliance update to the RAP uses the sediment quality data obtained by Mr Kennedy’s
investigations.
Evidence prepared by Mr Stephen Priestley provides a description of the main
engineering activities and processes including a description of the dredging and
mudcrete process to stabilise sediments prior to the beneficial use as fill on the landside
bases. I have not described this process again in my evidence. Mr Priestley also covers
aspects of construction works, mitigation and stormwater control which I have not re
addressed.
The provision of detailed construction management plans to address standard good
practice construction procedures in the form of a construction management plan, a
construction environmental management plan, an erosion and sediment control plan and
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an emergency spill response plan, are recommended in the proposed conditions of
consent.
a) Contaminated Land
iv. Remediation Action Plan
ii. Summary of Proposed Activities with potential for Impact on
Groundwater
iv. Proposed Groundwater Monitoring
d) Comments on submissions;
f) Conclusions
ii. Groundwater
I have been involved in expert conferencing with Auckland Council’s (the Council) experts in the areas of ground water, contaminated land and earthworks, and air
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discharge. We prepared a Joint Witness Statement dated 1 August 2018, which
confirmed there are no areas of disagreement between myself and the Council experts.
4. SUMMARY OF EVIDENCE
Contaminated Land
4.1 The sites proposed for the land bases and the area of Brigham St that will be disturbed
as part of the project are known to be significantly contaminated with a range of
contaminants. The mix and distribution of contamination is the subject of further ongoing
detailed investigations, however the likely type and distribution of contamination both in
groundwater and soil can be anticipated with a high degree of certainty based on
available data and past experience in the wider area.
4.2 The depth of soil disturbance is mostly restricted to the top 1m of materials and therefore
the types of effects that need to be considered are significantly reduced compared to a
deep basement excavation.
4.3 The approach to the mitigation of contamination effects adopted has been successfully
used on other projects within Wynyard Quarter and if implemented appropriately here
the construction-related effects arising from contamination (including dust, odour, human
health, and environmental) should be no more than minor and acceptable.
Groundwater
4.4 There is limited groundwater flow, and/or continuity between the groundwater below the
site areas and surrounding areas. The majority of works will not interact with
groundwater.
4.5 The only works with the potential to impact groundwater are the proposed soil
stabilisation works along Brigham Street which go into and below the groundwater table.
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4.6 I consider the potential for groundwater level changes to be very minor and, if present,
isolated to close to the stabilised structures. These effects are unlikely but should
nevertheless be monitored as provided in consent conditions.
5. RELEVANT FACTS AND CONTEXT
In this statement of evidence I do not repeat the project description and refer to the
summary of the application in the evidence of Mr Rod Marler (Panuku). I also do not
repeat the construction description provided by Mr Priestley.
The investigation of both contaminated land and groundwater is ongoing. Data relating
to groundwater levels, contaminate concentrations in soils, sediment, and groundwater
will continue to be obtained by the Wynyard Edge Alliance up to, including, and post
construction. The initial RAP submitted with the application is intended to be a living
document and additional controls will be required. It is intended that a condition of
consent will require all amendments to be approved by Council Specialists.
5.3 This evidence highlights the key points from the following technical reports, which formed
part of the Assessment of Effects on the Environment (AEE). I confirm the content and
accuracy of these earlier reports.
a) America’s Cup, Wynyard Hobson: Preliminary Site Investigation (Contaminated
Land) Technical Report (With supporting Appendix Initial Remediation Action
Plan) (CBD Vol A, CB32); and
b) America’s Cup, Wynyard Hobson: Groundwater Technical Report (CBD Vol A,
CB31).
6. CONTAMINATED LAND
Contamination Present Onsite
The land use history of the Wynyard Point Area under investigation has been bulk fuel
storage, food product storage, and chemical storage since the early 1900s (with part of
the site still used for these activities today).
A detailed list of previous site users, the areas they occupied and a description of their
activities is provided within the PSI. The major site users include: BP Oil Ltd, Marstel (a
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chemical storage company), a Zinc Recovery Plant and Plaster Company, Bulk Storage
Terminals (BST), Caltex Oil, Castrol Oil Ltd, Stolthaven Ltd, Southern Spars, ASB use
as a carpark, and various small storage uses.
The land was reclaimed from the harbour in the early 1900s using a combination of
dredged harbour sediments and imported fill material. The nature of the fill material is
highly variable across both the subject site area and the wider Wynyard reclamation.
The majority of waste materials found both within investigations on the subject site and
within the wider area occur in the upper 2m of the soil profile. The waste materials can
contain by-products from the historical Victoria Park Gasworks.
Petroleum hydrocarbons, gasworks waste, and, to a lesser extent, inorganic compounds
(copper, cyanide, and lead) are prevalent within soils and groundwater of the subject site
and the wider area.
Contamination by hydrocarbons has been identified widely across the site, with measurable thicknesses of Separate Phase Hydrocarbons (SPH) historically present in
approximately 50% of the development areas. The identified SPH was in most locations
restricted to less than 50mm in historical studies. Hydrocarbons degrade and disperse
over time and it is my view that a significantly smaller proportion of the site will still exhibit
SPHs.
With the exception of dissolved cyanide, elevated concentrations of inorganic
compounds are generally localised and are not observed consistently either spatially or
vertically across the site.
Based on the information obtained through the PSI, including review of historical
investigations, and knowledge of the wider Wynyard area where there is a similar
contamination history, the following conclusions and development assumptions can be
drawn:
a) Soils and groundwater within the development area proposed at Wynyard Point
have been subject to contamination from hydrocarbons, oil spills, gas works
waste, heavy metals and other chemical storage.
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b) The concentrations of contaminants are such that where the soils are disturbed
management controls are required to mitigate human health and environmental
risks.
c) Separate phase hydrocarbons may be present and, until further investigations
provide evidence to the contrary, measures to mitigate effects of disturbing SPH
will be required.
d) The potential for vapours to be generated from contamination within the soils or
groundwater at such levels where they could generate a risk to the human
health of occupants of the proposed base building is low based on existing
testing data. The data however cannot rule out a potential effect to an
unprotected building in some areas. The initial RAP therefore includes
measures to mitigate effects of vapour intrusion into buildings. These measures
will require further design based on detailed site data.
e) A number of well-established and proven vapour mitigation design solutions are
available to mitigate low to moderate levels of hydrocarbon vapours and include;
vapour barriers made of HDPE for an at grade building, passive venting layers
that allow vapour under a building to be directed to the sides and sometimes
the roof line, and active venting which incorporates automatically controlled
pumps to achieve ventilation when required.
f) It is possible that further testing of contaminant concentrations across the site
will enable the delineation of areas which do not present a vapour risk. Should
this occur, evidence will be presented within a revised RAP for Council approval.
Current proposed conditions require the identification of vapour protection
measures within the revised RAP; I consider this an appropriate mitigation
measure.
Imported Materials
It is intended to increase the site level across the area proposed for land-based bases
(excluding the roads). The thickness is expected to vary but an allowance is made for
approximately 0.5m. Some of the material proposed to facilitate this increase may come
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from material that will be dredged from Wynyard Basin to facilitate the desired water
depth for navigation and berthing.
At the time of preparing this evidence, the design did not call for the reuse of stabilised
dredged material, however allowance to use such material is still considered within this
evidence. If reuse of dredged materials is not required, this will further reduce any effects
of the proposal.
The sediments proposed for dredging have been tested for contaminant levels and the
results show a degree of spatial variability. With the exception of one asbestos sample,
no results showed concentrations of contaminants over the relevant human health or
environmental criteria. Concentrations above background concentrations do exist in
some of the sediments and for selected contaminants.
The contaminants present within the harbour sediments are likely the result of discharge
of stormwater to the marine environment over time. It has become apparent through
increased sampling that low concentrations of dispersed asbestos fibres at close to the
Western Australian Guidelines Screening Level (as the adopted criteria for New Zealand)
is present throughout sediments within the Auckland Waterfront. The general presence
of asbestos in these low concentrations is now being shown to be ubiquitous.
Management of low levels of asbestos within mudcrete sediments was encountered
within the Park Hyatt development and managed successfully. I consider that low levels
of asbestos and other contaminants can be managed adequately within a RAP.
The contaminant loading of the imported sediments is significantly lower than that of the
current site material. Although the mass of contaminants will increase slightly on the
site, the concentration of contaminants in surface materials is likely to reduce.
It has been proposed that, prior to use onsite, the sediments are mudcreted: a process
that mixes them with cement and effectively turns them into a concrete like material. This
process reduces the permeability of the mass to a highly impermeable state and reduces
the leachability of contaminants from original sediments.
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Assessment of Contaminated Land Effects
A Conceptual Site Model (CSM) was developed to inform the investigation and to
describe the relationship between sources of contamination on site, the human and
environmental receptors that may be exposed to those contaminants during construction
and in the context of temporary commercial and/or industrial use of the site, and the
pathways by which those receptors may be exposed.
The proposed activities that have potential to give rise to human health or environmental
effects as a result of contamination present currently onsite or from the low level residual
contamination present within imported dredged materials are summarised in table 1
below. An in-depth CSM is provided within the PSI (CBD Vol A, CB32, page 1978).
When handling, processing and spreading dredged sediments (including those
sediments that have been mixed with cement to form ‘mudcrete’) the primary pathways
of concern are creation of dust including the potential mobilisation of asbestos fibres.
The use of harbour sediments, as either reclamation materials or fill material, within the
Auckland waterfront has occurred almost continually from the initial phases of
reclamation before 1900. Over time, the methods of dredging, material preparation, and
subsequent placement have changed with the introduction of the mudcrete stabilisation
process in 1993. Mudcrete derived from shallow harbour sediments was used for the
creation of the land areas for Fishermans Wharf (10,000 m3), the 2000 Americas Cup
(150,000 m3), and Fergusson Terminal reclamation (1,000,000 m3). I consider this
method to be a known proven practice with highly predictable outcomes and manageable
effects.
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The following table describes the potential effect that could arise from the proposed
construction processes:
Activity Potential Effect Pathway / Receptor
Handling, processing and spreading
dredged sediments including those
cement to form ‘mudcrete’:
contaminants in the sediments (albeit in
low concentrations)
initial set of earthworks on site including
a site strip.
ingestion, and inhalation.
earthworks are occurring on land based
sites and roadways.
pick up dissolved contaminants and
sediments from both site soils and
imported materials and convey these
contaminants via stormwater drains to
the marine environment.
historical services from the petroleum
industry.
tanks, or soil containing hydrocarbons
which may need removal and can
produce odours once uncovered.
Dewatering during limited deeper
runoff of contaminated groundwater.
Remediation Action Plan
Contaminated land effects are controlled by Proposed Conditions of consent 85 to 92.
A copy of the Applicant’s Proposed Conditions of Consent (7 August 2018) is attached
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to the evidence of Karl Cook and Vijay Lala as Attachment A (Proposed Conditions).
Specifically, Proposed Condition 86 requires the submission of an updated RAP prior to
works. Proposed Conditions 87 and 88 require the RAP to be in general accordance
with the RAP submitted as part of the application and also provide guidance as to the
measures and items that need to be covered by the revised RAP. I consider that the
Proposed Conditions are appropriate.
The construction effects associated with the disturbance of contaminated land can be
mitigated through the avoidance or minimisation of the disturbance of contaminated land.
In areas and for activities where disturbance of contaminated land cannot be avoided,
mitigation is provided for by Proposed Conditions 85-89A ‘Detailed Site Investigation and
Remediation Action Plan’. The RAP puts forward control measures to mitigate and
manage the effects that have been identified in the PSI and summarised in Table 1
above.
The implementation of the RAP should be overseen by a SQEP. A SQEP is prescribed
in regulation 3 of the National Environmental Standard for Assessing and Managing
Contaminants in Soil to Protect Human Health (April 2012) (CBD Vol E, CB158, page
4092).
The objectives of the remedial strategy put forward for this project are in general
accordance with the ‘Sea+City Projects Limited, Preliminary Remedial Strategy’
prepared in 2010 for (now) Panuku to address the overall approach to contamination
management in the Wynyard Quarter 1
The overall approach proposed by the ‘Sea+City Projects Limited, Preliminary Remedial
Strategy, 2010’ and subsequently applied and consented for all subsequent earthworks
and improvement projects within Wynyard Quarter, is a risk based approach. The
approach allows contaminated materials to be retained onsite where the risk to the final
users is manageable to acceptable levels.
1 “Preliminary Remedial Strategy, For External Distribution,” Coffey Environments (NZ) Ltd (ref: ENVINEWP51014 R005 r5
[External].doc) for Sea+City Projects Limited, September 2010.
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Table 2: General Approach to Remediation for AC36 and for Wynyard projects in general
Site Coverage Type
Roads, pavements
and pathways
Disposal of spoil generated by the installation of new services.
Establish and maintain a continuous separation layer over the
site via the use of a hard standing road and footpath pavement.
Appropriately control all construction works to minimise and
manage human health and environmental risks from
contamination during development.
of spoil, with vapour and/or dewatering control where required.
Parkland and
Landscaping areas
Removal of the top 0.5m of existing surface soils/fill and capping
with cleanfill and turf or pavement. In relation to the inclusion of
pavement in the parkland setting this will be applied only in areas
of turf or soft landscaping where paths or small areas of
pavement are present. In areas where a fully sealed continuous
hard standing is achieved, within a public space area, the
‘Roads’ remedial actions will apply.
The assessment parameters and ‘status quo’ approach to remediation has been
reviewed in light of the new data available which was not available at the time of the
original assessments and in my opinion remains appropriate for this project.
I consider that the potential effects that could arise from the presence of contamination
can be appropriately addressed through implementation of the proposed conditions of
consent and specifically through the provisions within the RAP.
An updated version of the Draft RAP has been prepared by the Wynyard Edge Alliance,
which adds further specific detail surrounding construction methodologies and handling
procedures. This RAP is included as Attachment A. This document is to be updated
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again post completion of a Detailed Site Investigation. I consider this a robust and
effective process to allow all information to be utilised in mitigation planning.
7. GROUNDWATER
In this part of my evidence I will briefly summarise the existing groundwater regime and
the potential groundwater effects that might result from the physical infrastructure
required to support the America’s Cup. Full details are provided in the Groundwater
Assessment report entitled “America’s Cup Groundwater Technical Report for Resource
Consent Application, Wynyard Hobson” prepared by Beca Ltd dated 4th April 2018 and
lodged with the Application (CBD Vol A, CB31, page 1886).
I consider that the majority of activities required to support the America’s Cup
development, such as piling, surficial excavations and / or filling, will comply with the
permitted activity standards for the take and diversion of groundwater, and as such will
have negligible effect on the groundwater regime and are not considered further in my
evidence.
Ground improvements on Wynyard Point may not fully comply with the permitted activity
standards and do require a permit for the diversion of groundwater as a restricted
discretionary activity.
GEOLOGY AND GROUNDWATER REGIME
The reclamation fill overlies a variable thickness of Recent Marine sediments and
Tauranga Group alluvial and estuarine sediments, that have infilled an old valley system.
Waitemata Group rock is encountered at a variable depth, ranging from -15 m to -23 m
Chart Datum with the axis of the old valley which is inferred to run parallel to (and
beneath) the Wynyard Point reclamation.
The groundwater levels and direction of flow within the Wynyard Point reclamation are
complex as a result of the heterogeneous nature of the fill and the presence of seawalls,
both of which result in varying local conductivities, tidal lags and tidal ranges over
relatively small distances.
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Groundwater levels under Wynyard Point are expected to be principally controlled by
either:
a) The harbour (where the outer reclamation walls are permeable); or
b) Local soil conditions, as well as the presence of service trenches which may act
as a preferential flow path (where the outer reclamation walls are less
permeable).
Groundwater levels are typically in the range of 1.4 m to 3.0 m below ground level, based
on a typical ground level of 3 m RL. Previous monitoring suggests slightly shallower
water level underneath the ASB carpark site, however this is not considered to be
significant. The direction of flow is considered to be towards the north or northeast,
however significant localised variation is likely.
SUMMARY OF PROPOSED ACTIVITIES WITH POTENTIAL FOR IMPACT ON GROUNDWATER
The geotechnical report prepared for the project identifies that ground improvements,
over an approximate 230 m length of Brigham Street will be required for liquefaction
mitigation for the structures on or adjacent to the existing Wynyard Point reclamation.
The exact nature of the ground improvements are not yet known, with allowance made
within the application documents for any of the below:
a) Cement-stabilised columns (or stone columns) placed in a lattice pattern and
extending some 20 m landward of the existing seawalls. These columns would
likely extend to depths of 10 m to 15 m; and
b) A cement stabilised “raft” in the upper few metres of the soil profile over the full
extent of the lattice; and / or
c) Piling at a diameter of up to 2 m.
At the time of writing this evidence the design for ground improvements along Brigham
Street includes using cement stabilising a large block under the existing road, to a depth
of at least 5m and with a width of 5m or greater.
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Pile holes (if required) are expected to be cased and either locally dewatered for only
very short periods (days) or will be constructed as wet pours with no dewatering.
Assessment of Effects of Ground Improvement on Groundwater
The greatest potential for effects, albeit that they are small, is with regard to changes in
groundwater levels and direction of flow arising from the ground improvements, and that
may potentially result in mounding (local rise of groundwater level).
As the ground improvements are not perpendicular to the direction of groundwater flow,
and given that groundwater can still discharge to the coast along the north and western
boundaries of Wynyard Point reclamation, negligible changes in the overall direction of
flow or mounding of groundwater levels are expected.
Monitoring of changes in groundwater level associated with previous ground
improvements in the Wynyard Quarter area (albeit to shallow depths) has not indicated
any mounding that can be attributed to ground improvements.
In the unlikely event that mounding does occur it is likely to be of a similar order to that
which was calculated for elsewhere in Wynyard Quarter which is less than 0.2 m and
hence may be indistinguishable from background variations (tidal influence and seasonal
variations).
If that level of mounding were to occur, the groundwater levels would remain deeper than
1.2 m below ground level (bgl) and no buoyancy effects on services or surface structures
are anticipated.
I consider it unlikely that groundwater level mounding will occur, however should it occur
above the expected levels, and to a degree which might cause an adverse effect then
there are mitigation options available using an increase in drainage to mitigate this effect.
Mitigation
I consider that Proposed Conditions 93 to 102 are sufficient to avoid the potential
(negligible) adverse effects on groundwater.
Proposed Conditions 98 and 99 require the groundwater level monitoring to be
undertaken and sets out the methodology for how these shall be undertaken.
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Proposed Groundwater Monitoring
As no significant excavations are proposed, ground and building settlement is not
expected to occur and for this reason, no survey monitoring, or, building or utility
condition surveys are proposed.
Three shallow groundwater monitoring wells have been installed and will allow
monitoring of groundwater levels prior to, during, and post-construction in order to
confirm my assessment.
A Groundwater Monitoring and Contingency Plan (GMCP) will be prepared which sets
out the details of the monitoring wells, results of baseline monitoring, trigger levels and
contingency measures. The conditions require that the GMCP will be submitted to the
Council for certification prior to works commencing on site. A copy of the draft CMCP is
attached to the evidence of Mr Grant and is discussed further in his evidence.
8. COMMENTS ON THE COUNCIL REPORT
I have reviewed the Auckland Council Section 87F report, including the below
appendices:
a) Appendix K: Marija Jukic, Senior Specialist, Natural Resources and Specialist
Input, Resource Consents (land contamination)
b) Appendix N: Richard Simonds, Senior Specialist, Natural Resources and
Specialist Input (groundwater)
c) Appendix J: Rob Van De Munckhof, National Environment Standards (Soil)
Report
d) Appendix S: Paul Crimmins, Air Discharges Report
In general I have no significant points of disagreement with any of the content within the
four technical reports above.
9. COMMENTS ON SUBMISSIONS
None of the submissions received identify directly either groundwater effects or air
quality, earthworks, or contamination effects as a matter of concern or opposition.
Several Mana Whenua groups including Ngaati Whanaunga Incorporated Society, Te
kitai Waiohua Waka Taua Incorporation, Ngti Tamater, Ngati Tamaoho Trust, Te
Patukirikiri Iwi Trust, Ngai Tai Ki Tamaki and Ngti Maru Runanga Trust have expressed
an overarching concern relating to the potential for water quality and ecological effects,
and cumulative effects. The above Mana Whenua groups have also all or in-part
expressed concern as to the sufficiency of information and time to allow them to evaluate
effects to the Mauri of the proposed development area. In so far as the above generally
expressed environmental concerns may relate to the presence and handling of
contaminated soils, I have provided comment in the points below.
I consider that all environmental effects potentially arising from the development works
can be appropriately mitigated through controls provided for within the RAP and the
proposed consent conditions. Additionally the same issues have been successfully
mitigated on similarly contaminated sites with similar controls within Wynyard.
I have been involved with many of the Mana Whenua groups during the development of
public open space (roads and parks) and private developments (Wynyard Central) within
the wider Wynyard area over the last 4 years. I consider the issues relating to
contamination that were brought up during Hui of the Mana Whenua Group for previous
Wynyard works are likely to be similar for the land development works covered by the
AC36 Application.
My impression during many ‘iwi monitor’ visits to sites over the last 4 years is that the
methods of handling of contamination was trusted by those iwi members that attended
those sessions.
10. CONCLUSION
Contaminated Land
The contamination status of the soils and groundwater in the areas proposed for
disturbance is understood sufficiently to enable confidence in the mitigation measures
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proposed. Further proposed investigations and monitoring will provide further
confidence and granularity to the mitigation response. The details of historic
investigations are provided within the PSI (CBD Vol A, CB32 page 2005).
The expected contamination profile is highly likely to be similar in its composition and
distribution to the ongoing Wynyard Central developments with a strong basis to
conclude more limited quantities and thicknesses of separate phase hydrocarbons on
the subject sites.
A similar set of controls and approach is proposed within the RAP to those adopted and
implemented successfully at Wynyard central despite several of the Wynyard Central
developments having the significantly complicating factor of underground basements
which this proposal does not have.
The controls put forward within the RAP effectively mitigate water migration and
contaminant transport away from the site during construction, limit human contact with
soils and groundwater, and provides for monitoring and mitigation of potential vapour
and dust effects during construction.
In my opinion, the America’s Cup project construction works and ongoing (temporary)
use of the bases will present a negligible effect on human health or environmental risk,
with the implementation of controls provided for within the RAP and with any other
controls as is appropriate based on additional soil and groundwater sampling results to
be included within a yet to be completed Detailed Site Investigation, and updated RAP
(as per Proposed Conditions 85 through 92).
Groundwater
In my opinion, the Americas Cup project will have a negligible effect on the groundwater
regime.
Monitoring of groundwater levels prior to, during and after construction is proposed to
ensure any potential effects are identified and managed appropriately.
Phillip John Ware
7 August 2018
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Remediation Action Plan (DRAFT)
WYNYARD EDGE ALLIANCE
This DRAFT management plan has been prepared for discussion purposes only.
When reading this plan please note the following:
The plan is based on the amended proposed draft conditions dated 27 July 2018.
The plan is based on the design and construction methodology as at July 2018 and these are subject to change as the design and construction planning is progressed concurrently with the resource consent process.
The plan is a draft for discussion with relevant submitters, other stakeholders and Auckland Council specialists.
The plan will continue to be refined to reflect the agreed changes to conditions, address key issues from the consent process and to reflect the developing design and construction planning.
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Wynyard Edge Alliance |Remediation Action Plan (DRAFT) Rev B | August 2018 Page | i
Revision History
Revision Nº
Description Prepared By Reviewed by Approved on behalf of Wynyard
Edge Alliance
A Draft plan for Auckland Council pre-submission comment
Items highlighted green indicates details still to be confirmed by the Alliance
Penelope Lindsay
Chris Bailey
Bob Mawdsley
Brendon Barnett
Edwin Zwanenburg
Kurt Grant
Nicola Ridgley
B Draft plan for inclusion in evidence
Items highlighted green indicates details still to be confirmed by the Alliance
Penelope Lindsay
Chris Bailey
Bob Mawdsley
Kurt Grant
Brendon Barnett
Disclaimer
This report has been prepared by the Wynyard Edge Alliance for the benefit of the Panuku Development Auckland
Limited. No liability is accepted by the Alliance Partners or any employee of or sub-consultant to the Alliance Partners
companies with respect to its use by any other person.
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Wynyard Edge Alliance |Remediation Action Plan (DRAFT) Rev B | August 2018 Page | 1
Contents
Project description .............................................................................................................. 8
Earthworks and pile wall ................................................................................................... 10
Programme ........................................................................................................................ 11
Site identification ............................................................................................................... 12
Site description .................................................................................................................. 13
Vapour risk ......................................................................................................................... 19
Primary contamination issues and their management ..................................................... 20
Additional testing requirements for secondary works areas ............................................ 21
Site Management ........................................................................................... 22
Excavation and spoil management .................................................................................... 24
Imported fill ....................................................................................................................... 25
Water management .......................................................................................................... 25
Odour management .......................................................................................................... 26
Vapour management ......................................................................................................... 27
Dust management ............................................................................................................. 27
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Decontamination procedures ............................................................................................ 28
General .............................................................................................................................. 30
Emergency procedures ...................................................................................................... 31
Monitoring Procedures ................................................................................... 32
Asbestos in air monitoring................................................................................................. 34
Validation including sampling and testing ........................................................................ 34
Contingency Procedures ................................................................................. 35
Validation sampling ........................................................................................................... 39
Appendix C
Figures
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Appendix D
Appendix E
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Relevant Consent Conditions
The consent conditions relevant to the Remediation Action Plan (“RAP”) are summarised in Table 1.1 below. The conditions referenced are as per in the proposed draft resource consent conditions1.
Table 1.1: Summary of consent conditions relevant to the RAP.
Condition Number
Condition Requirement Section Referenced in the Plan
85 Prior to any excavation or soil disturbance in areas of known or potentially contaminated land, the consent holder shall engage a Suitably Qualified Environmental Practitioner (SQEP) to undertake additional soil and groundwater testing for the assessment of contamination within the areas proposed for soil disturbance. The investigation is to be undertaken in general accordance with Ministry for Environment (MfE) Contaminated Land Management Guidelines No. 5: Site Investigation and Analysis of Soils (Revised 2011) and any amendments to this document. A Detailed Site Investigation (DSI) Report is to be prepared and submitted to the Team Leader Compliance Monitoring – Central for certification.
Section 5.2 and forthcoming DSI
86 At least five (5) days prior to excavation or disturbance in areas of known or potentially contaminated land, the consent holder shall update the Draft Remediation Action Plan (RAP) included in the consent application. The updated RAP shall be prepared and submitted to the Team Leader Compliance Monitoring – Central for certification in terms of the matters in Condition 88.
This Plan
a) Minimise harm from any potential human exposure from
contaminants;
c) Identify any unknown contaminated material.
Section 2.1
1 Unio Environmental, 27 July 2018. America’s Cup Wynyard Hobson –Panuku Amended Proposed Conditions.
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Condition Number
88 The RAP shall be in general accordance with the Draft Remediation Action Plan
included in the consent application, and shall include:
Any soil, groundwater and gas (if required) investigations undertaken
to characterise potential hazards associated with works in those areas
and to inform development of the RAP;
The measures to be undertaken in the handling, storage and disposal
of all contaminated material excavated during Construction Works;
The soil verification testing that will be undertaken to determine the
nature of any contamination in excavated material and the potential
reuse or disposal options for that material;
Measures to be undertaken in the event of unexpected contamination
being identified during construction activities, including measures to:
(i) Assist with identification of unknown contaminated
material; and
(ii) Stop work or isolate the area once any such material is
identified.
The measures to be undertaken to manage contaminated land to:
(i) Protect the health and safety of workers and the public;
(ii) Control stormwater run-on and run-off; and
(iii) Remove or manage any contaminated soil.
f) Measures to monitor and mitigate discharges of odour, volatile
organic compounds and asbestos (if required) during excavations,
including criteria/action levels for triggering specific control and
contingency measures;
g) Measures to manage the placement of dredge material on the site
addressing:
of the dredge material within the site, and its management;
(ii) The management of the associated contaminant discharges
and the relevant effects on the receiving environment;
(iii) Description of the contingency plan procedures for the management of unexpected contamination within the placed dredge material.
Appendix B presents a review of the Application RAP requirements and presents the location with this RAP where they are addressed.
89 The RAP shall be implemented and maintained throughout the entire construction period.
Section 6.1
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Condition Number
89A If the DSI required by Condition 85 identifies the presence of vapours from
contaminants in the ground a vapour risk assessment shall be undertaken
to:
building occupants;
b) Undertake a risk assessment to identify if additional mitigation
measures are required for the protection of workers or occupants
on any enclosed buildings or structures; and
c) Identify appropriate mitigation measures for incorporation into the
RAP or into the design of any proposed buildings or structures.
Section 5.4 and to be addressed by DSI
89B The discharge of contaminants to land and water from the reuse and stockpiling
of cement stabilised dredge material shall be carried out in accordance with
the updated Remediation Action Plan referenced in Condition 88.
Section 6.6
89C Any dredge material that has not been cement-stabilised and is placed within the
site shall be adequately bunded and covered to avoid the generation of
contaminant discharges. Any seepages from the unstabilised dredge
material shall be considered potentially contaminated, and shall either:
a) Be disposed of by a licenced liquid waste contractor; or
b) Pumped to sewer, providing the relevant permits are obtained; or
c) Discharged to ground provided testing of the discharge has been
undertaken and any potential effects assessed and submitted to the
Team Leader Compliance Monitoring – Central.
Section 6.6
90 All sampling and testing of contamination on the site shall be overseen by a suitably qualified and experienced practitioner. All sampling shall be undertaken in general accordance with MfE Contaminated Land Management Guidelines No. 5 Site Investigation and Analysis of Soils (Revised 2011) and any amendments to this document.
Section 8.6
91 Where contaminants are identified that have not been anticipated by the RAP, works in the area containing the unexpected contamination shall cease until the contingency measures outlined in the certified RAP have been implemented, and the discovery and contingency measures undertaken have been notified to the Team Leader Compliance Monitoring – Central.
Section 9
92 Excavation or soil disturbance in areas of known or potentially contaminated land shall be managed to minimise the generation of dust, asbestos, odour and volatile organic compounds and be carried out in accordance with the certified RAP.
Sections 6.7, 6.8, 6.9, 6.10
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Introduction
This Remediation Action Plan (“the RAP”) forms part of a comprehensive suite of environmental controls within the Construction Environmental Management Plan (“CEMP”) for the America’s Cup Infrastructure Project (“the Project”). It is an update to the RAP prepared by Beca2 and submitted as part of the consent application documents (Application RAP). The Project is being delivered by the Wynyard Edge Alliance (“the Alliance”).
Scope and Objectives of the Remediation Action Plan
The objectives of this RAP, in accordance with consent Condition 87, are to:
a) Minimise harm from any potential human exposure from contaminants;
b) Manage environmental risk from contaminated material; and
c) Identify any unknown contaminated material.
The scope of this report is to provide the following:
A description of the current site condition and proposed works;
Any soil, groundwater and gas investigations undertaken to characterise potential hazards associated with works and to inform development of the RAP;
Procedures for undertaking the works and for handling, storage and disposal of contaminated spoil generated during earthworks;
Details of any soil verification testing undertaken to determine the nature of any contamination in excavated material and the potential reuse or disposal options for that material;
Procedures relating to exposure of potentially contaminated soils and water to protect health and safety for workers and general public, control stormwater run-on and run-off and remove or manage any contaminated soil during the redevelopment works;
Measures to manage the placement of dredge material on the site;
Measures to monitor and mitigate discharges of odour, volatile organic compounds and asbestos during excavations;
Contingency measures should adverse effects become evident during the works; and
Compliance monitoring and validation requirements.
It should be noted that additional design detail is required for tender and construction purposes.
The report has been prepared in accordance with the MfE Guidelines, No.13 and by suitably qualified and experienced practitioners as required by the NES Soil regulations.This RAP addresses the matters in
2 Beca Limited (Beca), April 2018, America’s Cup Draft Remediation Action Plan for Resource Consent Application,
Wynyard Hobson, Prepared for Panuku Development Auckland (Client) and Ministry for Building, Innovation and
Employment (MBIE)
3 Ministry for the Environment, 2011: Contamination Land Management Guidelines, No.1 - Guidelines for Consultants
Reporting on Contaminated Sites in New Zealand
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Conditions 85-92 of the consent (refer to the quick reference guide to conditions in Section 1 at the front of this plan).
The final version of this RAP will be, and is submitted to the Team Leader Compliance Monitoring – Central in accordance with Condition 16 for certification.
This RAP will be updated if necessary to reflect changes in design, construction methods or to manage effects. In accordance with the consent conditions, any amendments are to be agreed by the Team Leader Compliance Monitoring – Central in writing prior to implementation of any changes. A copy of the original RAP and subsequent versions will be kept for the Project records, and marked as obsolete. Each update of the Plan will be issued with a version number and date.
Project description
The project sites are the landside bases (C, D, E, F and G) located on Wynyard Point. Secondary sites consist of areas south of Wynyard Point, Halsey Wharf and Hobson Wharf where utility services’ connections are required. See Section 3.1 for discussion of spoil generation.
As indicated in Figure 1 (Appendix C), Bases C and D are currently tenanted by ASB for parking, Base E is currently tenanted by NZ Sail and Stolthaven Terminals (Stolthaven), and Base G is currently tenanted by BST. ASB will be vacating their site in October 2018. Stolthaven and BST will not be vacating their properties until February 2019 and August 2019, respectively.
For a description of the Project, refer to the Project Description within the CEMP. Relevant construction details are described in Section 3.1 of this RAP.
Associated Management Plans
The CEMP outlines the environmental management framework for the Project and details the relationship between the CEMP, environmental management plans, design certification requirements and the resource consent conditions. It also provides an overview of the management plans required by the conditions (their purpose and content etc.) and other environmental mitigation measures to be implemented during construction.
Associated management plans that are particularly relevant to the implementation of this RAP include:
The Management Plan for Dredging and Placement of Mudcrete in the CMA, as it relates to the use of mudcrete in the Wynyard Point area ground improvements (Appendix C to the CEMP); and
The Erosion and Sediment Control Plan (Appendix D to the CEMP).
Responsibilities
The Alliance Project Director has the overall responsibility for meeting the requirements of this RAP.
The Alliance Construction Environmental Manager will have responsibility for implementing the RAP, but may wish to delegate responsibility to the Alliance Construction Team so that specific requirements and provisions of the management plan will be under the control of that team. Implementation of this RAP is mandatory during the site construction works.
The Alliance will require personnel involved in the site construction works to be made familiar with this plan prior to commencing work on the site, that there are regular reminders about its requirements, and that the requirements of this plan are followed at all times.
The Alliance shall appoint a suitably qualified and experienced practitioner (SQEP), herein referred to as the “Contaminated Land Specialist”, as defined in the NES Soil Regulations. The Contaminated Land Specialist (Contaminated Land Specialist) shall liaise with the Alliance Construction Team during the course of the works and to undertake the monitoring works required by this RAP.
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The nominated environmental safety officer/s (ESO) shall be responsible for ensuring that the contaminated land-related site management and health and safety procedures are adhered to and that the risks associated with the potential hazards are minimised. The role of the ESO shall include ensuring that workers are wearing the correct protective equipment and respond to new hazards as they arise. The ESO shall be responsible for implementing instructions given by the Contaminated Land Specialist.
Of particular note, the ESO shall be authorised to enact emergency and contingency measures without delay. Should an incident occur on site which may result in discharges, the designated representative will take control of the situation and coordinate the efforts of all on site to minimise the impact.
The Alliance shall appoint an Independent Competent Person who shall be responsible for undertaking asbestos in air monitoring. A Competent Person, (i.e. not necessarily independent) shall be appointed to undertake clearance inspections of plant/equipment.
Both the Independent Competent Person and the Competent Person must meet the requirements of regulation 41(3) of the Asbestos Regulations4, i.e. have acquired, through training and experience, the knowledge and skills of relevant asbestos removal industry practice and hold either a certificate from training (WorkSafe specified) or hold a tertiary qualification in science or related field.
The Independent Competent Person role can be fulfilled by the Contaminated Land Specialist if they meet the requirements. The Competent Person role can be undertaken by Alliance personnel, e.g. the ESO, if they meet the requirements.
A copy of this RAP shall be kept onsite at all times during the work. It is the responsibility of the Alliance to distribute the RAP to all site subcontractors carrying out any land disturbance works on the site.
The nominated person(s) is to be identified in Table 2.1 below. A hard copy of this list is to be provided to Auckland Council (NRSI Team and Licensing and Compliance).
Refer to the CEMP for more detail on roles and responsibilities.
Project contacts
The contact details for key persons involved in implementing the RAP are provided in Table 2.1.
Table 2.1: Project contact details
Project hotline TBC
Construction Environmental Manager Brendon Barnett 021 527 461
Contaminated Land Specialist Chris Bailey 021 663 096
Environmental Safety Officer To be nominated TBC
Health and Safety Manager Dave Young 021 224 9670
Further project contact details are contained in the CEMP.
4 NZ Government, 5th February 2016, Health and Safety at Work (Asbestos) Regulations 2016.
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Proposed America’s Cup Infrastructure Works
Construction activities relevant to this plan
This RAP applies to development of the landside bases (C, D, E, F and G), services/utilities, link road, Brigham Street piling works, and landscaped and secondary works areas.
The landside development will consist in summary of the following:
Establishment of environmental controls including bunding and a trade waste treatment plant including connection to wastewater network, subject to the granting of a Trade Waste Agreement by Watercare.
Shallow excavations (to about 1m), mainly along the western edge of the bases but also to build a new road link at the north end of the bases between Brigham Street and Hamer Street. Brigham Street will be permanently stopped where it traverses the bases.
Wharf infill support and ground improvement works consisting of a piled “wall” along the eastern side of Brigham Street.
Ground levels are to be raised up to approximately 1.0m above existing ground levels with cut to fill, imported materials and also potentially with dredging spoil from the adjacent marine area works. A barge with mudcrete mixing pug mill or excavator with specialist mixing head will be required to convert the dredging spoil to mudcrete which will then be loaded onto trucks to be transported to the bases.
Each of the syndicate bases will have concrete floor slabs (total area approximately 10,000m2).
New civil infrastructure will be installed to service the syndicate bases including roading, forecourt areas, utilities, stormwater management. The existing utilities will be diverted as required.
Secondary sites consist of areas south of Wynyard Point, Halsey Wharf and Hobson Wharf where services connections are required.
Landscaping and planting is proposed in the public park area at the south end of the bases, along Hamer Street and along the verge of the new link road.
Earthworks and pile wall
The earthworks required for the development of the Syndicate bases will be undertaken in a staged manner, timed to match lease exits. Most earthworks are expected to occur above the groundwater level.
As indicated in Figure 2 (Appendix C), the following earthworks will be required to prepare the sites (to the proposed surface less 500mm):
Approximately 2,000 m3 cut; and
Approximately 5,000 m3 fill.
These volumes are approximate and subject to change. The new sub-base, basecourse and topsoil are not included in these volumes. The maximum depth of cut for the bulk earthworks is about 0.5m and the maximum height of fill for the bulk earthworks is about 1m.
Wharf infill support and ground improvement will be achieved through a piled “wall” along Brigham Street in line with the sea wall Up to approximately 10,000m3 of spoil is expected to be generated as a result of the piling and ground improvement works.
Manholes and associated stormwater and wastewater pipes will be installed along Brigham Street. Some of these are expected to require excavations below the water table. A new wastewater line at the south
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end of Brigham Street will require excavations to 3.5m depth, which is expected to be below the water table.
Programme
As indicated above, the works programme will be dictated by site availability and at this stage is expected to be as follows:
20 Nov 2018 – Construction commences Brigham/Hamer link road (assuming receipt of resource consent).
28 Feb 2019 – Stolthaven site available
31 Jul 2019 – Base C&D handover for building construction (by others)
30 Aug 2019 – BST site available
31 Jul 2020 – Base E, F, & G handover for building construction (by others)
25 Mar 2020 – Landscape element completed, depending on whether these works are required after building construction.
Sensitive receivers/receiving environment The Project is located on reclaimed land immediately adjacent to the Waitemat Harbour, and the stormwater drainage network throughout Wynyard Point drains into the harbour. Immediate surrounding land is used for commercial/industrial purposes, but the southern end of Brigham Street features a children’s playground and restaurants.
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Site Setting and History
Site identification
The project site is located on Wynyard Point in the Wynyard Quarter, Auckland, as shown in Figure 4.1 below.
Figure 4.1: Aerial Photo Showing the Wynyard Quarter (site indicated as Wynyard Point Works)
The site addresses, legal descriptions, proposed bases and former tenants are listed in Table 4.1 below.
Table 4.1: Street addresses and legal description
Street Address
56 Brigham Street
Lot 45 DP 27338, Lot 46 DP 27338, Lot 47 DP 27338, Lot 48 DP 27338
Bases C and D
90 Brigham Street
Lot 49 DP 27338, Lot 50 DP 27338, Lot 51 DP 27338, Lot 52 DP 27338, Lot 53 DP 27338, Lot 54 DP 27338, Lot 55 DP 27338, Lot 56 DP 27338, Lot 57 DP 27338, Lot 58 DP 27338
Base E Sail NZ and Stolthaven
Zinc oxide plant from 1937 to 1979. Redeveloped by Marstel in 1981 as tank farm.
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Street Address
8-34 Brigham Street
Lot 1 DP 119658 Base G BST Formerly Caltex Oil and acquired by Bulk Storage Terminals in 1988 for the bulk storage of combustible and corrosive liquids.
49-63 Jellicoe Street
SEC 4 SO 415995, Lot 2 DP 119658, SEC 5 SO 415995, SEC 10 SO 415995
Landscaped area
Site description
The properties that make up the project site total about 2.6 hectares. The topography is more or less flat with elevation ranging from about 3m to 5m above mean sea level (AMSL).
As indicated in Section 2.1:
Bases C and D are currently used by ASB for parking.
Bases E and F are currently tenanted by NZ Sail and Stolthaven. Sail NZ operate a boat servicing yard at the property. Stolthaven Terminals operate a tank farm for bulk liquid storage.
Base G is currently tenanted by BST who operate bulk liquid storage tank farm facility. A small area of landscaped vegetation is located on the southern boundary of the BST tank farm accessible to the public.
Brigham Street is a paved public roadway.
Land use in the vicinity is used for an array of commercial and industrial activities. Further south, Wynyard Quarter land uses include public access along North Wharf, Silo Park and Jellicoe Street, and commercial activities, with residential development some 300 m south of Brigham Street.
To the east is Wynyard Wharf and the Waitemat Harbour. To the south of the site is a recreation area referred to as Silo Park which includes a playground and basketball court. To the south west of Wynyard Point Area are restaurants. To the north of the site is another tank farm facility as part of Stolthaven North Terminals. To the west of Wynyard Point Area is a cement truck wash down facility/concrete batching plant owned by Firth Industries, as well as a marine engineering boat yard and a service division for Sanford Limited (a commercial fishing company).
The Wynyard Point Area is directly bound by Brigham Street on the east and Hamer Street on the west.
Geology
Wynyard Point is located on land reclaimed in the 1920s and 1930s. Material used for the reclamation predominantly comprises reworked marine sediments, presenting as layers of grey silty sand and clay with shell fragments. Additional fill materials include sandstone from the cliffs adjoining Beaumont Street, and at shallow depths more variable fill such as demolition debris and gasworks and incinerator waste are often present.
Reclamation fill overlies Recent Marine Sediments, Tauranga Group Alluvium and residual soils and rock of the East Coast Bays Formation of the Waitemata Group. The RMS and TGA comprise sands, silts and clay. The East Coast Bays Formation comprises alternating turbidite sandstones and mudstones which weather
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in situ to form silts and clays. In places interbedded lenses of volcaniclastic grits may be present. Deposits are generally greenish grey when fresh and weather to light brown.
Hydrogeology
Numerous groundwater investigations have been undertaken at the project site and in the surrounding area. The following is a summary of the information presented in the consent application5.
Groundwater is generally shallow but varies across the project site with complex levels and flows as a result of the heterogeneous nature of the fill and the presence of seawalls, e.g. Jellicoe Street sea wall. Service trenches act as preferential flow paths.
Historic monitoring indicates depressed groundwater levels within the existing park at the south end of the project site and elevated groundwater levels within the Stolthaven tenanted property, i.e. bases E and F. Levels as low as -0.8m RL (3.8m depth) have been measured in the park.
Stolthaven groundwater levels have been recorded between 2.0 to 2.5 m RL (1.5 m to 2.0 m depth based on a ground level of 4 m RL), with an inferred overall flow gradient to the north. Elsewhere in Wynyard Point, groundwater levels tend to be in the range of 0.0 to 1.6 m RL (1.4 m to 3.0 m bgl, based on a typical ground level of 3 m RL).
There is no abstraction of groundwater at the project site or in the vicinity other than for construction dewatering on an intermittent basis.
Site history
As indicated in Table 4.1, the proposed bases had various industrial occupants as follows:
56-90 Brigham Street (Bases C and D): Used by BP Oil Ltd for bulk storage of fuel since the 1930s. This site was known as BP East Yard, with the West Yard located west of Hamer Street. Prior to demolition in 1999, the site contained above-ground storage tanks, product supply lines from Wynyard Wharf, an underground storage tank, tanker wagon fill shelter, and dangerous goods storage. Various spills and pollution incidents have been recorded including a 30,000 L spill of kerosene in 1981, and residues from tanks was reported to have been buried on the property up until the 1970s. This site was closed and remediated in 2000 and has been used as a car park since that time.
36-54 Brigham Street (Bases E and F): A zinc oxide plant operated from 1937 to 1979. In 1981, Marstel developed the site for bulk storage of flammable, toxic and corrosive chemicals, which were transferred from Wynyard Wharf via pipelines. This site is now operated by Stolthaven Terminals.
8-34 Brigham Street (Base G): Originally occupied by Caltex Oil. Bulk Storage Terminals acquired the site in 1988 for the bulk storage of combustible and corrosive liquids. Products were transferred to the tanks via underground pipeline. A tallow spill from the site was reported in 1992. Currently only edible oils are stored.
49-63 Jellicoe Street (Landscaped area): Castrol Oil occupied the site from the 1950s to process lubricating oil. Oils were transferred to aboveground storage tanks via underground pipelines from Wynyard Wharf. At least two spills of lubricating oil are known to have occurred. In 2004 the site was decommissioned and remediated by excavation of contaminated soils. The site was redeveloped in 2011 for recreational use.
5 Beca Ltd, April 2018, America’s Cup Groundwater Technical Report for Resource Consent Application, Wynyard
Hobson. Prepared for Panuku Development Auckland (Client) and Ministry for Building, Innovation and Employment
(MBIE).
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Contamination
Preliminary Site Investigation As part of preparing to apply for the consents for the project, a Preliminary Site Investigation (PSI) was undertaken to identify potential contaminants in soils as a result of current and/or historical activities6.
The PSI concluded that:
The Wynyard Point area has been used for bulk fuel storage, food product, and chemical storage since the early 1900s, as well as a plaster factory and zinc oxide plant which were removed around the early 1980s to make room for a tank farm for chemical storage.
Most of the contaminants in the area have originated from the handling and storage of petroleum hydrocarbons and the historical disposal of gasworks waste in the reclamation fill.
Petroleum hydrocarbons and gasworks waste including metals and cyanide are prevalent within soils and groundwater within the area. Groundwater monitoring indicated Measurable thicknesses of separate phase hydrocarbons (SPH) are present about half the groundwater monitoring wells.
With the exception of dissolved cyanide, elevated concentrations of inorganic compounds are generally localised and are not consistent spatially or vertically across the site.
Consent is required under the NES Soil as a Discretionary Activity under Regulation 11. A Discretionary Activity resource consent is required for the works under the Auckland Unitary Plan (AUP): Operative in Part (OP), Rule E30.4.1(A7).
The PSI also concluded that a DSI will be required to characterise the contamination and to enable refinement of the RAP, which was provided as an appendix to this RAP. [Note: DSI not yet included as awaiting the results of additional investigations being undertaken by the Alliance]
Contamination investigations
5.2.1 Detailed Site Investigation (DSI)
A DSI report will be completed for Council review. In the meantime, the following presents a review of the existing data and indicates proposed additional investigations.
5.2.2 Historical data
The PSI reported that 24 investigations had been carried out across the subject site. These historical investigations were undertaken for BP, Marstel, BST and Stolthaven and focussed on assessing hydrocarbon impacts as a result of past fuel storage releases. On this basis, soil testing included total petroleum hydrocarbons (TPH), benzene, toluene, ethylbenzene and total xylenes (BTEX), polycyclic aromatic hydrocarbons (PAHs) but also included metals and cyanide. No asbestos in soil testing was carried out. Groundwater testing included volatile organic compounds (VOCs), semi- volatile organic compounds (SVOCs) and soil gas investigations included testing for similar suite of analytes.
Locations of the soil and groundwater data points are presented on Figures 2 to 8 in Appendix C.
6 Beca Limited (Beca), April 2018, America’s Cup Preliminary Site Investigation (Contamination) for Resource Consent
Application, Wynyard Hobson Prepared for Panuku Development Auckland (Client) and Ministry for Business, Innovation
and Employment (MBIE)
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Contaminant levels have been measured in the Wynyard Basin sediments include polycyclic aromatic hydrocarbons, metals, DDT and tributyl tin7.
Data contained within these historical reports has been collated and compared against relevant human- health criteria for the proposed land use, i.e. commercial and recreational. This comparison provides an understanding of the potential for risks which might be posed to both workers during the proposed construction and for the completed development.
5.2.3 Recent and proposed contamination investigations
A number of recent contamination investigations have been undertaken and are proposed. The recent investigations consist of:
Six (6) boreholes at the ASB carpark
Five (5) boreholes along Brigham Street
Eight (8) hand augers and four (4) wells at the Stolthaven site
Eight (8) sediment samples from four (4) locations along the Sealink Wharf, five (5) sediment samples along the Wynyard Wharf and five (5) sediment samples around Wynyard Basin.
Soil samples collected have been submitted to the laboratory for analysis of asbestos, hydrocarbons and metals contamination for assisting with disposal characterisation. Soil gas samples were collected from the wells for analysis of volatile organic compounds (VOCs). The full results are not available at the time of preparing this RAP.
The proposed investigations consist of:
Ten (10) ten samples across each of the ASB, Stolthaven and BST sites.
Groundwater samples will be collected from four (4) wells installed in Brigham Street.
5.2.4 Relevant criteria
The historical soil results have been compared to the following evaluation criteria, based on current applicable regulatory framework:
NES Soil standards for commercial/industrial land use. The commercial/industrial standard was adopted based on the current and proposed use of the site and as a proxy assessing worker health risks;
The Auckland Unitary Plan - Operative in Part (AUP) permitted activity soil acceptance criteria (Table E30.6.1.4.1);
Published background concentrations8 for soils.
7 Golder & Associates Ltd, April 2018, America’s Cup 36, Assessment of Coastal Environmental Effects Associated with
the Development of America’s Cup Facilities for the Wynyard Hobson Option.
8 Auckland Regional Council, 2001. Background Concentrations of Inorganic Elements in Soils from the Auckland
Region: Technical Publication No. 153.
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Where specific standards are not available, applicable standards were selected based on the MfE Guidelines No. 29. This includes the Hydrocarbon Guidelines10. For contaminants not covered by NZ standards, international risk-based standards were consulted (see Appendix D, table footnotes).
For asbestos in soils, the results were compared against the Tier 1 soil guideline values, as provided in the NZ Asbestos Guidelines11.
In addition, as it is anticipated that surplus excavated materials which cannot be reused onsite will require offsite disposal, the soil results have been compared to the acceptance criteria of the following fill sites defined as follows:
Cleanfill based on published soil background concentrations and as defined under the AUP;
Managed fill based on the published acceptance criteria for managed fill at Waste Management Services’ Redvale Landfill in Dairy Flats12; and
Licenced landfill based on the published landfill acceptance criteria of Waste Management Services’ Redvale landfill in Dairy Flats and Envirowaste Services Limited’s landfill located in Hampton Downs.
Groundwater results have been compared to inhalation protection criteria and the ANZECC guidelines for the protection of 80% of marine species as required under the AUP.
5.2.5 Historical soil data
The historical data includes 105 soil samples collected from across the ASB site (bases C and D) and 55 soil samples collected from across the Stolthaven site (bases E and F). The sampling was carried out between 1995 and 2011.
Summary tables of the soil, soil gas and groundwater results are presented in Appendix D, alongside a comparison to the relevant human health criteria and disposal criteria.
For the ASB site (bases C and D):
Metal levels were elevated across the site, in particular arsenic, cadmium, copper, lead, mercury, nickel, tin and/or zinc in the majority of samples tested exceeded AUP discharge criteria. Two (2) samples indicated arsenic concentrations above commercial land use criteria and one (1) sample indicated a lead concentration above commercial land use criteria. These were located at depth, i.e. greater than 1m below ground.
Cyanide was present in most samples tested; but at levels well below the commercial land use criteria. The AUP criterion of 8 mg/kg was exceeded in eight (8) of the samples tested, with the maximum concentration of 662 mg/kg collected at 2 m depth.
PAHs were present in most of the soils sampled. Benzo(a)pyrene equivalents (BaP eq.) were found above commercial land use criteria (35 mg/kg) in two samples (160 mg/kg and 500 mg/kg). None of the PAHs exceeded criteria protective of indoor air inhalation.
TPH testing indicated four (4) samples exceeded the commercial land use criteria for C7 to C9 range hydrocarbons (500 mg/kg) with levels up to 1100 mg/kg. Eight (8) samples exceeded the commercial
9 Ministry for the Environment, 2011: Contaminated Land Management Guideline No.2 – Hierarchy and application in
New Zealand of environmental guideline values.
10 MfE, 1999, Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand
11 BRANZ, November 2017, New Zealand Guidelines for Assessing and Managing Asbestos in Soils (NZ Asbestos
Guidelines).
12 Redvale is the closest landfill likely to accept soils from the site.
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land use criteria for C10 to C14 range hydrocarbons (1700 mg/kg) with levels up to 10500 mg/kg. A number of these samples were shallower than 1m in depth. Two (2) of the samples indicated C10 to C14 range hydrocarbons levels exceeding criteria protective of indoor air inhalation (7,800 mg/kg). All samples complied with AUP criteria.
Low level BTEX concentrations were present. None were above either commercial land use criteria, criteria protective of indoor air inhalation, or AUP criteria. The exception to this is one sample which indicated a benzene concentration of 0.6 mg/kg compared with the AUP criteria of 0.08 mg/kg.
For the Stolthaven site (bases E and F):
Eighteen (18) soil samples were tested for metals but only for lead and zinc. NES Soil commercial land use criteria were not exceeded, however there were two exceedances of the AUP criteria for lead and one for zinc.
No cyanide testing was carried out.
Six (6) soil samples were tested for PAHs and these were present in most of the soils analysed. BaP equivalents were below NES Soil commercial land use and AUP criteria (35 mg/kg and 20 mg/kg respectively). None of the PAHs exceeded criteria protective of indoor air inhalation.
TPH testing did not indicate levels above the commercial land use criteria, indoor air protection criteria or AUP criteria.
Low level BTEX concentrations were present. None were above either commercial land use criteria, or indoor air protection criteria or AUP criteria.
Given the level of contamination identified in the sampled soils, cleanfill disposal will not be possible.
5.2.6 Sediment data
Contaminant levels have been measured in the Wynyard Basin sediments and include polycyclic aromatic hydrocarbons, metals, DDT and tributyl tin. The levels were all below the NES Soil human-health guidelines for commercial land use, but copper and lead in four samples were above AUP discharge criteria.
Additional testing has been undertaken since, indicating asbestos is present at levels above the Tier 1 Soil guideline values. On this basis, works in removing, processing and filling the Wynyard Basin dredged materials would be considered asbestos-related works under the Asbestos Regulations. Asbestos-related works do not require an Asbestos Removal Control Plan but do require controls as discussed in Section 7.
5.2.7 Historic groundwater data
The historical data includes 39 groundwater samples collected from across the ASB site (Bases C and D), 18 groundwater samples collected from across the Stolthaven site (Bases E and F) and 12 samples collected from the BST site (Base G and the landscaped area). The sampling was carried out between 2002 and 2018.
For the ASB site (Bases C and D):
Cyanide was elevated in groundwater across the site with levels up 18 mg/L detected, which is well above the ANZECC guideline. Only lead was also detected above both background and ANZECC guidelines and only sporadically.
PAHs were widespread in groundwater at low levels, i.e. total PAHs all less than 1 mg/L and compliant with ANZECC guidelines. BaP and pyrene levels exceeded their low solubility in some instances. Solubility exceedances do not necessarily represent an indoor air inhalation risk.
Similarly TPH testing indicated levels exceeded their low solubility in a number of samples but solubility exceedances do not necessarily represent an indoor air inhalation risk.
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Only low level BTEX concentrations were present. None exceeded the ANZECC guidelines or criteria protective of indoor air inhalation.
Tetrachloroethene (PCE), trichloroethene (TCE) and vinyl chloride (VC) were detected at levels of up to 0.042, 0.009 and 0.005 mg/L, respectively near the centre of the site in 1994. The levels are all well below groundwater acceptance criteria, derived to be protective of indoor air for a standard commercial land use scenario. The levels did not exceed the ANZECC guidelines for these compounds.
For the Stolthaven site (Bases E and F):
Cyanide was elevated in groundwater across the site with levels up 0.49 mg/L detected, which is above the ANZECC guideline. Lead and zinc were also detected above ANZECC guidelines.
PAHs were widespread; but detected at low levels. None of the levels were above ANZECC guidelines or acceptance criteria protective of indoor air inhalation.
Similarly TPH testing indicated levels exceeded their low solubility in a number of samples but solubility exceedances do not represent an indoor air inhalation risk.
Only low level BTEX concentrations were present. None exceeded the ANZECC guidelines or criteria protective of indoor air inhalation.
For the BST site (Base G and landscaped area):
Nitrate and nitrite were detected in low concentrations; within background ranges for Auckland groundwater.
Sporadic groundwater monitoring since 1999 only indicated hydrocarbons measured as TPH in one (1) well, MW4, located at the north end of the boundary with Hamer Street. The levels exceeded their low solubility but solubility exceedances do not represent an indoor air inhalation risk.
The groundwater results for both the ASB and Stolthaven sites indicate that dewatering effluent should not be disposed of to the stormwater network but that trade waste disposal would be feasible, if required. BST data was not sufficient to make an assessment for disposal.
5.2.8 Historic soil gas data
Soil gas data was collected from across the ASB site (bases C and D) in 2002. 36 samples were collected onto sorbent and ATD (auto-thermal desorption) tubes. Testing for BTEX indicated concentrations of up to 3850 µg/m3, 6.6 µg/m3, 1.6 µg/m3 and 7 µg/m3, respectively; all well below soil gas criteria protective of indoor air.
Adequacy of data sets
Given the absence of testing for asbestos, an assessment of contamination levels cannot be made. Experience on sites to the south indicates that asbestos may be present at levels between >0.001% and <0.01%, requiring disturbance to be undertaken as asbestos-related works.
Given the number of sampling points for hydrocarbon testing at ASB, it is considered that the additional testing would only be to assist with characterising earthworks cut for disposal purposes. Additional soil, soil gas and groundwater data is being sought at Stolthaven and BST to better understand the risks at these properties. In the interim, the management proposed should be a conservative approach.
Vapour risk
As indicated above, the ASB site is the only property that is considered characterised sufficiently to provide an assessment of the potential for vapour impacts. The review of vapour risks is therefore currently restricted to the ASB site.
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The levels of contaminants encountered in soil gas and groundwater do not indicate a potential for indoor air inhalation risk (i.e. vapour intrusion). This is on the basis that contaminants levels are all well below the relevant indoor air acceptance criteria.
The only contaminant levels which indicate potential for vapour intrusion risk are two (2) soil samples which measured C10 to C14 range hydrocarbons levels above the criteria protective of indoor air inhalation, i.e. 7,800 mg/kg. The exceedances were located at R13, near the centre of the site, at 2.9 to 3m depth at concentrations of 9,280 mg/kg and 10,500 mg/kg (primary and duplicate samples). However, review of the derivation of the criteria protective of indoor air inhalation indicates that a vapour risk would not be feasible for C10 to C14 range hydrocarbons. This is because vapour concentrations could not increase over the soil saturation limit, i.e. the level that SPH would form, which for silt soils is 16 mg/kg13. On this basis, it is concluded that the contamination levels at the ASB site would not be considered to pose a vapour risk to indoor air for standard commercial land use.
Potential for odour emissions
Based on our past experience with properties in the Wynyard Quarter including on adjacent sites, there is potential for odours to be generated during development earthworks at the site.
Primary contamination issues and their management
It is likely that disturbance of soils at the site during the proposed redevelopment will cause release of odours and these will need to be managed using water misting and suppressants, as necessary.
Given that that groundwa

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