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1 DECEMBER 2015

Pimlico Road to Teven Road Enabling Works

6 Monthly Construction Compliance Report #45 June 2015 to 5 December 2015

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DECEMBER 2015

Pimlico Road to Teven Road Enabling Works

6 MONTHLY CONSTRUCTION COMPLIANCE REPORT #4

5 JUNE 2015 TO 5 DECEMBER 2015

MINISTER’S CONDITION OF APPROVAL NO. 15

DETAILS OF REVISIONS

LEVEL DETAILS DATE INITIAL

01 Draft report for Roads and Maritime and EMR review 04.12.2015 DT

02 Final report for EMR certification and DoPI submission 09.12.2015 DT

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Table of Contents

1. Introduction ................................................................................................................................ 5

1.1. Background......................................................................................................................... 5

1.2. Purpose............................................................................................................................... 6

2. Consents, Licences and Approvals ............................................................................................ 7

3. Environmental Controls .............................................................................................................. 8

3.1. Overview ............................................................................................................................. 8

3.2. Inspections and Audits ........................................................................................................ 9

3.3. Environmental Incidents and Non-Conformances ............................................................10

4. Actual Environmental Impacts..................................................................................................10

5. Environmental Monitoring ........................................................................................................ 13

5.1. Surface Water Quality....................................................................................................... 13

5.1.1. Erosion and Sediment Controls .................................................................................13

5.1.2. Surface Water Quality................................................................................................13

5.1.3. Sediment Basin Discharge ........................................................................................14

5.2. Dust................................................................................................................................... 14

5.3. Noise................................................................................................................................. 14

6. Community Relations Management .........................................................................................14

7. Continuing Environmental Compliance ....................................................................................15

8. Other Compliance Matters ....................................................................................................... 15

References ...................................................................................................................................... 15

Appendix A – Surface Water Quality Monitoring Data ....................................................................16

Appendix B – Dust Monitoring Data ................................................................................................ 17

Appendix C – Noise Monitoring Data .............................................................................................. 18

Appendix D – Compliance Table..................................................................................................... 19

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1. Introduction

1.1. Background

Roads and Maritime Services is upgrading the Pacific Highway adjacent to the town of Ballina on the north coast of NSW. The Ballina bypass project has improved the efficiency of the existing highway infrastructure by increasing capacity, reducing travel times and providing significant safety benefits. The project forms part of the overall Pacific Highway Upgrade Program, which is one of the largest infrastructure projects in NSW.

The Ballina bypass project is being constructed in stages, which is consistent with the Conditions of Approval.

Roads and Maritime exhibited an Environmental Impact Statement (EIS) (RTA, 1998) for the Ballina bypass project between 5 March and 18 April 1998. Roads and Maritime received 19 submissions from a range of stakeholders which it addressed in a Representations Report (RTA, 2001). The Minister for Planning granted approval for the Ballina bypass project in February 2003. In August 2008, Roads and Maritime submitted an application to the Director-General of the Department of Planning to refine the design of the Ballina bypass project. The Ballina Bypass Upgrading the Pacific Highway Refined Design Report (RTA, 2008) included a proposal to develop the southern section of the project in two stages to maximise value for money for the entire Pacific Highway Upgrade Program. In March 2009, the Director-General approved this modification to the project.

Stage 1 of the Ballina bypass project involved the upgrade of about 12 kilometres of dual carriageway road, extending from south of Ballina at the intersection of the Bruxner and Pacific highways to approximately 1 kilometre north of the intersection of Ross Lane and the Pacific Highway at Tintenbar. Roads and Maritime entered into an alliance agreement to undertake the design and construction of Stage 1 of the Ballina bypass project. The Ballina Bypass Alliance (BBA) was a partnership between Roads and Maritime, Leighton Contractors (LCPL), Maunsell AECOM, SMEC and Coffey Geotechnics. Stage 1 of the Ballina bypass was completed in 2013.

Stage 2 of the Ballina bypass has been named ‘Pimlico Road to Teven Road Enabling Works’ (P2T) and construction of this stage commenced in late 2013. LCPL is constructing the P2T project on behalf of Roads and Maritime.

Figure 1 Site Location Plan

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1.2. Purpose

This is the P2T project’s fourth six-monthly compliance report. The report covers the period from 5 June 2015 to 5 December 2015 (the ‘reporting period’). The report has been prepared to fulfil the requirements of the Minister for Planning’s Condition of Approval (MCoA) 15 for the Ballina bypass project. Table 1 identifies how this report addresses the requirements of MCoA 15.

Table 1 Compliance with Ballina Bypass MCoA 15

Requirement Where addressed in this report

The Proponent shall submit to the Director-General reports in respect of the environmental performance of the construction works and compliance with the Construction EMP and any other relevant Conditions of this Approval. The reports shall be prepared six months after the start of substantial construction and thereafter at six monthly intervals or at other such periods as requested by the Director-General to ensure adequate environmental performance over the duration of the construction works.

The reports shall be submitted no later than one month after the six month period to which they apply, and are to be certified by the EMR to confirm that all EMP requirements and Conditions of Approval have been complied with.

The report(s) shall include, but not be limited to, information on:

Section 1.2

(a) applications for consents, licences and approvals, and responses from relevant authorities;

Section 2

(b) implementation and effectiveness of environmental controls and conditions relating to the work undertaken;

Section 3

(c) identification of construction impact predictions made in the EIS, Modification of the Ballina Bypass Environmental Assessment Report (August 2008) and any supplementary studies and details of the extent to which actual impacts reflected the predictions;

Section 4

(d) details and analysis of results of environmental monitoring;

Section 5

(e) number and details of any complaints, including summary of main areas of complaint, action taken, response given and intended strategies to reduce complaints of a similar nature;

Section 6

(f) the plan to be adopted for the project to ensure continued compliance over the coming six month period; and,

Section 7

(g) any other matter relating to the compliance by the Proponent with the conditions of this approval or as requested by the Director-General.

Section 8

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Requirement Where addressed in this report

The report(s) shall be provided to the DECC, DWE and Ballina Shire Council, and any other relevant government agency nominated by the Director-General. The report(s) shall also be made publicly available.

This report will be provided to the project’s Environmental Review Group, which includes representatives from the Environment Protection Authority, Department of Primary Industries (DPI) Fisheries, and Ballina Shire Council.

The report will be made available for download from the public information page of the project website. A hard copy of the report will also be available for viewing at the Roads and Maritime Pacific Highway Office in Grafton.

2. Consents, Licences and Approvals

Table 2 identifies the consents, licences and approvals obtained or renewed by P2T to 5 December 2015.

Table 2 Consents, Licences and Approvals

Consent / licence / approval Response from relevant authority

Planning approval under Part 3A of the Environmental Planning and Assessment Act 1979

Project approval – Ballina bypass project Project approval was granted by the Minister for Planning on 22 May 2003.

Modifications to the approved project:

None for this reporting period.

Other planning approvals:

Pimlico Road Realignment, Ballina - Review of Environmental Factors

(REF) (July 2011)

Approved by RMS on 8 July 2011.

Jackson Property Adjustment Works – Pimlico to Teven – Environmental

Review (April 2014)

Approved by RMS on 28 April 2014.

Environment Protection Licence (EPL) issued under Part 3.3 of the Protection of the Environment Operations Act 1997 (POEO Act)

EPL 12910

Licence application submitted for construction of the Ballina bypass project.

EPA issued EPL 12910 to LCPL on 16 June 2008

Basins covered under EPL 12910:

ASSTA leachate basin included in Appendix E of Soil and Water Management Sub Plan

February 2014

Basin BE1 included in Appendix E of Soil and Water Management Sub Plan

March 2014

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Consent / licence / approval Response from relevant authority

Variations to EPL 12910:

Changes to premises boundary

Licence variation application submitted to EPA seeking to amend the clearing limits to include the changes assessed by the Pimlico Road realignment REF.

EPA issued Notice 1518648 to LCPL on 10 December 2013 authorising the proposed changes.


Licence variation application submitted to EPA to include changes to the clearing limits.

EPA issued Notice 1519891 to LCPL on 04 Feb 2014 authorising the proposed changes.


Licence variation application submitted to EPA to amend the clearing limits to include the Jackson property adjustment works and remove areas associated with the completed Stage 1 of the Ballina bypass.

EPA issued Notice 1524109 to LCPL on 08 Aug 2014 authorising the proposed changes.


Licence variation application submitted to EPA to amend the clearing limits to remove areas in which works are completed and add other areas in which works are proposed.

EPA issued Notice 1530759 to LCPL on 19 May 2015 authorising the proposed changes.

Water Extraction Permits issued under Part 2 of the Water Act 1912

Permit No. 30WA307198

Water extraction from Ballina Airport Site

Original permit issued 2nd July 2010, with subsequent extensions.

Permit for harming marine vegetation and obstructing fish passage issued under Part 7 of the Fisheries Management Act 1994

Permit No. PN13/151

Permit to harm marine vegetation and obstruct fish passage within the P2T project boundary at Emigrant Creek, Duck Creek and surrounding floodplain drains.

DPI Fisheries issued Permit No. PN13/151 on 13 November 2013.

3. Environmental Controls

This Section discusses the implementation and effectiveness of the site environmental controls during the reporting period. Section 3.1 provides an outline of the construction works undertaken during the reporting period and how the environmental controls were progressively modified and maintained. The outcomes of environmental inspections and audits and the occurrence of incidents and non-conformances provide an indication of the overall effectiveness of the environmental controls. A summary of the outcomes from environmental inspections and audits is presented in Sections 3.2, while incidents and non-conformances are summarised in Section 3.3.

3.1. Overview

The major construction activities during the reporting period included:

Relocation of site compounds and access gates as work areas changed.

Deck pours, parapet installation and finishing works at Duck Creek bridge.

Completion and opening of Emigrant Creek bridge.

Removal of bridge construction platforms and installation of scour rock at Duck Creek and Emigrant Creek.

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Earthworks to remove surcharge and stability berms on southern and northern approaches to Duck Creek Bridge, followed by placement of gravel and chert pavement layers.

Placement of topsoil on roadside batters on the approaches to Duck Creek Bridge and subsequent application of hydroseed.

Construction of drainage and access tracks as per final design.

Ongoing utilisation of the Teven Road stockpile site for the storage of material, treatment of acid sulphate soils and storage of topsoil.

The environmental controls, in particular erosion and sediment controls, were progressively modified during the reporting period to ensure their ongoing effectiveness given changes in the nature and scale of the works throughout the site.

Key measures implemented during the reporting period to ensure the effectiveness of the environmental controls included:

Installation of no-go fencing to clearly delineate work area.

Pre-clearing surveys of areas to be cleared.

Early and effective stabilisation (grass seeding) of batters, stockpiles and landscaped areas.

Installation of appropriate temporary erosion and sediment controls prior to and during ground disturbance / earthworks. Use of geotextile filter fences, geotextile / mulch bunds, silt curtains / hydrocarbon booms, sand bags and clean rock armouring and bunds constructed near drains and water bodies.

Ongoing maintenance of erosion and sediment controls, including basins and traps.

Ongoing sampling, laboratory analysis, and treatment of acid sulphate soils and close monitoring and checking of the acid sulphate soil treatment areas.

Installation of drainage works to reduce flooding impacts to adjoining landholders.

Appropriate storage and handling of hazardous products (e.g. fuels and chemicals) in bunded areas.

Placement of spill kits at appropriate locations and spill response training of staff.

Implementation and maintenance of stabilised rock or rumble grids at entry/exit points to reduce tracking of mud onto public roads.

Review of Erosion and Sediment Control Plans and Environmental Work Method Statements to ensure relevance and compliance.

3.2. Inspections and Audits

There were two Environmental Review Group (ERG) inspections during the reporting period, supplemented by fortnightly inspections by the Environmental Management Representative (EMR) and the Roads and Maritime environmental representative. In general, these inspections have concluded that the environmental management of the site is of an adequate standard, with the Roads and Maritime environmental representative assigning a ‘green light’ at most inspections. However, ‘amber lights’ were assigned for the inspections on the 30th June, 8th September and 29th

October. This was primarily due to inadequate erosion and sediment controls at a culvert installation location for the first inspection and poor management of litter and construction waste at the Duck Creek bridge construction area, with the potential for litter / waste to be blown or washed into the creek, for the other inspections.

An RMS audit was undertaken on 11th June 2015. The outcomes of this audit are presented below:

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RMS Audit (11th June 2015): A site inspection was completed, followed by a review of the project’s environmental documentation, including CEMP, EWMSs, ESCPs, procedures, registers etc.

Two corrective action requests were issued. The first related to the refuelling procedure not being adhered to with regard to refuelling close to waterways. The refuelling procedure was subsequently reviewed and updated to more clearly define the controls required and toolboxed with the site crew. The second was due to some controls noted on the Erosion and Sediment Control Plans (ESCPs) not being adequately maintained. The controls in question were the silt curtain and hydrocarbon boom at the Duck Creek bridge work area. A risk assessment of the controls was completed, redundant controls were removed and the ESCPs were updated to reflect the agreed status.

Ten observations of concern were noted during the audit. Four of these related to gaps or short-comings in the project’s environmental documentation (e.g. out-of-date information, insufficient detail). The remainder were observations of maintenance required to Erosion and Sediment Controls, stockpile areas and weeds. The identified maintenance actions were typical of the type of actions identified and actioned on a weekly basis as part of the project’s standard environmental management processes.

The corrective action requests and observations of concern have been actioned and closed out.

3.3. Environmental Incidents and Non-Conformances

There were no environmental incidents during the reporting period.

4. Actual Environmental Impacts

Table 3 contains a comparison of impacts predicted in the EIS and Representations Report (RTA, 2001) and actual impacts.

Table 3 Predicted and Actual Environmental Impacts

Predicted Impact Actual Impact (as assessed during construction phase)

Flooding to The Representations Report (RTA, 2001) stated that the project would not adjoining land be a major constriction on the drainage of floodwaters and that it was highly

unlikely that the project would significantly extend the duration of flooding in any event.

P2T construction works have resulted in no additional flooding impacts to adjoining land over the duration of the project to date. The project has been designed to avoid flooding of adjoining land.

Settlement The EIS and Representations Report (RTA, 2001) predicted substantial settlement of soft soils on the floodplain and identified the need for special engineering methods.

A number of innovative ground improvement solutions have been implemented to make soft ground sufficiently stable for construction of the project including wick drains, driven concrete columns, concrete injected columns, deep soil mixing and surcharging.

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Acid leachate and The EIS noted that acid sulphate soils (ASS) had been recorded within the exposure of acid project footprint. sulphate soils (ASS) ASS has been encountered during construction of the project. Acid

leachate and exposure of ASS are managed in the first instance by minimising disturbance / excavation of ASS. Where ASS is disturbed, the material is transported to the Teven ASS treatment area (ASSTA) located at the intersection of Teven Road and the Bruxner Highway. All excavated ASS material is spread and liming is undertaken in accordance with the ASS Management Sub Plan. Validation sampling is undertaken on treated soils to ensure it has been treated successfully prior to stockpiling or removal from the ASSTA.

No specific ASS impacts have been identified during the routine surface water quality monitoring (refer to Appendix A).

Dust and emissions The EIS identified that dust may be generated from earthworks associated affecting nearby with construction of the project. receivers During the reporting period, P2T monitored construction dust levels at three

locations (including one control site) on a monthly basis. Data from the dust deposition gauges (DDGs) at the monitoring locations is collected and analysed each month. The results of this monitoring are provided in Appendix B. There were no exceedances during the reporting period.

No dust complaints were received during the reporting period.

Water quality – The EIS identified the potential for impacts to water quality during runoff, spills and construction of the project, particularly as a result of ground disturbance. road contaminants during operation

Regular surface water monitoring was undertaken during the reporting period. The results of the monitoring are provided in Appendix A. The results of surface water monitoring are discussed in Section 5.1.2.

All of the results met the water quality objectives.

There were no controlled discharges from a sediment basin during the reporting period.

Noise and vibration The EIS predicted that noise emissions from construction of the project would be audible at sensitive receivers located adjacent to the highway corridor.

P2T monitored construction noise levels at three locations during the reporting period. The noise data collected during the reporting period is contained in Appendix C.

There were five exceedances of the noise criteria contained in Table 9 of the Construction Noise and Vibration Management Sub Plan. However, these exceedances were not considered to be caused by P2T construction activities. The dominant noise sources at the monitoring locations were local and highway traffic. This is similar to the previous reporting periods.

There were no construction noise related complaints during the reporting period.

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Clearing of native The EIS, Representations Report (RTA, 2001) and Modification of the flora Ballina Bypass, Environmental Assessment Report (RTA 2008) identified

the need for clearing of native vegetation.

P2T has cleared the vegetated areas identified for clearing in the design documentation. In a small number of locations, construction works were able to be completed within a slightly smaller footprint than was approved for clearing.

Vegetation clearing has been managed by a process involving survey set-out, physical marking of the area to be cleared, weed control and pre-clearing surveys by an ecologist. Minimal clearing was undertaken during the reporting period.

Reduction of fauna The EIS, Representations Report (RTA, 2001) and Modification of the habitat Ballina Bypass, Environmental Assessment Report (RTA 2008) identified

the need for clearing of fauna habitat.

There has been some reduction in fauna habitat due to clearing operations within the construction footprint. In some locations, habitat trees located within the approved clearing limits have been retained.

Changes to visual The EIS identified the potential for visual impacts from construction of the quality of landscape project.

The nature of the visual landscape within the project area has been temporarily altered due to construction activities, but the P2T project follows the alignment of existing roads and does not involve large alterations to topography (i.e. significant cut and fill).

As the project progresses, areas that are currently characterised by large areas of exposed dirt will be progressively sealed with asphalt or revegetated.

Disruption to traffic The EIS identified the potential for traffic disruptions during construction of due to construction the project. activities P2T has applied numerous delay management strategies and techniques

including; planning works to avoid road occupancy; analysing traffic volume data; queue monitoring; provision of roadwork information to road users and key stakeholders, and, where feasible, conducting works at night.

All traffic control operations operate under a Roads and Maritime Road Occupancy Licence, which applies specific conditions to queue lengths, travel times and hours of operation whilst working on the road network.

Access The EIS identified numerous freehold properties that would be directly arrangements from affected by the project. minor strip acquisitions through to major property

Access to all private property has been maintained during the construction works.

severances

Disturbance of Aboriginal heritage sites

The EIS did not identify any potential archaeological deposits (PADs) within the footprint of the P2T project.

No Aboriginal artefacts were found during this reporting period.

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Disturbance of non-Aboriginal heritage sites

The EIS did not identify any non-Aboriginal heritage sites within the footprint of the P2T project.

There was no disturbance of non-Aboriginal heritage sites during this reporting period.

Maintaining present function and capacity of drainage network

The Representations Report (RTA, 2001) contained a commitment to design the project such that existing waterway crossings and drains would not be further hydraulically constrained as a result of the project.

Some drains that service adjacent sugar cane farms have been diverted or relocated during construction of the project. All of these diversions were designed and constructed to maintain the present function and capacity of the drainage network.

Social and business effects

No complaints were received during this reporting period regarding the socio-economic impacts of the construction works.

5. Environmental Monitoring

This Section provides details and analysis of the results of the environmental monitoring conducted during the reporting period.

5.1. Surface Water Quality

5.1.1. Erosion and Sediment Controls Erosion and sediment controls were monitored during the reporting period as follows:

daily by constructions teams

weekly or more frequently (depending on weather) by the P2T environment team in accordance with EPL 12910 Condition E2.3 and the Construction EMP

fortnightly by the EMR in accordance with MCoA 12(c)(v)

Inspections by the Soil Conservationist (as per MCoA 59) have been undertaken on a fortnightly basis. The Soil Conservationist has assisted with the preparation of Erosion and Sediment Control Plans for the project and has provided sign-off of these plans.

Extensive erosion and sediment controls have been provided along the length of the project. These controls include construction and maintenance of earth / rock / sand / mulch bunds, sediment traps, batter chutes, rock checks, diversion banks / drains, rock armouring and scour protection, rock / geo fabric lined channels / waterways, sediment fences, clean water diversions, silt curtains / hydrocarbon booms and hand seeding / hydroseeding of exposed areas.

P2T regularly reviews and updates the project’s site-specific erosion and sediment control plans to ensure that the controls are appropriate for the works being undertaken at each work site.

5.1.2. Surface Water Quality Surface water quality monitoring of waterways in the vicinity of the project site was undertaken monthly during the reporting period in accordance with the monitoring program and locations described in Section 4 (Table 6) and Appendix F of the Soil and Water Management Sub Plan to the Construction EMP. The surface water quality monitoring data are provided in Appendix A.

Section 4 of the Soil and Water Management Sub Plan adopts the water quality criteria in EPL 12910 Condition L2.4 (Point 1) for assessing the surface water quality data. All of the results

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met the water quality objectives. No results for pH have been reported for the June monitoring event because the pH probe was damaged and needed to be replaced.

5.1.3. Sediment Basin Discharge There were no discharges from sediment basins during the reporting period.

5.2. Dust

No dust complaints were received during the reporting period.

The risk of dust emissions from the project site is managed through the implementation of the following management and mitigation measures:

site speed limits to minimise dust generation from access roads

water carts are used to regularly dampen down exposed batters and access roads

site access gates are stabilised to minimise the tracking of dirt and mud onto public roads

a sweeper truck is used to clean dirt and mud from roads

daily observations and weekly site inspections are performed by the Foremen and the environment team to identify locations where there is a risk of dust emissions and to check that dust control measures are being implemented and are effective

unstabilised batters and cuts are promptly hand-seeded, hydro-mulched, compost blanketed, or landscaped

P2T monitored dust deposition levels at 3 locations, including 1 control site, on a monthly basis during the reporting period. The results of this monitoring are provided in Appendix B. There were no exceedances of the dust deposition threshold contained in the Construction Air Quality Management Sub Plan.

5.3. Noise

There were no construction noise related complaints during the reporting period.

P2T monitored construction noise levels at two locations in February and March 2014 and three locations in April and May 2014. The noise data collected during the reporting period is contained in Appendix C.

There were five exceedances of the noise criteria contained in Table 9 of the Construction Noise and Vibration Management Sub Plan. However, these exceedances were not considered to be caused by P2T construction activities. The dominant noise sources at the monitoring locations were local and highway traffic. During the monitoring, the sources of the measured noise levels are noted on the monitoring form. The highest levels are consistently associated with vehicles passing on the adjacent highways and local roads.

6. Community Relations Management

There are seven residences in close proximity to the project site. These residents are consulted on a regular basis, particularly with regard to project updates, proposed out-of-hours work (regardless of whether the noise generated from the works is deemed to be audible or inaudible) and other specific resident related activities. This proactive approach to communication has ensured that good relationships have been maintained.

Two complaints were received during the reporting period and these are summarised below:

Complaint about trucks hauling material from a quarry to the project site travelling too fast through Wardell and causing vibrations. The project team immediately contacted the relevant

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quarry with a reminder that all trucks must adhere to the speed limit. The resident was asked to

contact the project team if he did not see an improvement. There have been no further complaints.

Complaint about rocks and gravel on the road verge presenting a hazard to cyclists. The project’s sweeper truck cleaned all verges within 24 hours of the complaint. No further complaints have been received regarding this issue.

In the second six monthly report (5 June to 5 December 2014), it was noted that there was a complaint about damage to a building due to subsidence potentially caused by the project. This issue will be addressed during the post-project dilapidation assessment process.

7. Continuing Environmental Compliance

The construction works to be undertaken during the next reporting period are similar to those undertaken during the current reporting period. As such, the environmental management measures that have been implemented on the project during this reporting period will continue at a similar scale and frequency during the next reporting period. However, construction of the Emigrant Creek Bridge and Duck Creek Bridge is complete and some of the new road pavement is complete and open to traffic. Also, substantial areas of the project site have been topsoiled with vigorous groundcover established. This reduces the erosion and sediment control risk in these area. Additional areas will continue to be stabilised as the project moves into the completion phase.

8. Other Compliance Matters

There were no other matters relating to compliance with the MCoAs during the reporting period. P2T did not receive any requests from the Director-General during the reporting period in relation to compliance with the MCoAs.

References

RTA. (1998). Pacific Highway Ballina Bypass Environmental Impact Statement.

RTA. (2001). Representations Report Pacific Highway Ballina Bypass.

RTA. (2008). Ballina Bypass Upgrading the Pacific Highway Refined Design Report.

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Figure 2 Surface Water Quality Monitoring Locations

Appendix A – Surface Water Quality Monitoring Data

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Routine Surface Water Quality Monitoring

Surface water quality criteria, Section 4 of the Soil and Water Management Sub-plan Paremeter Criteria

pH 6.5 - 8.5

Total suspended solids* 50 mg/L

Oil and grease none visible * Correlation with turbidity of 72 NTU

Exceedance NR - no result

Location

Date: 16/06/2015 20/07/2015 19/08/2015 16/09/2015 21/10/2015 12/11/2015Time: 08:00 - 10:00 08:00 - 10:00 14:00 - 15:00 9:50 - 10:45 14:00 - 15:100 14:00 - 15:30

Operator: Leigh Mehmet Leigh Mehmet Leigh Mehmet Leigh Mehmet Leigh Mehmet Leigh Mehmet

Tide: High Tide High Tide Outgoing High Tide High Tide Incoming High Tide Outgoing tide Field Laboratory Field Laboratory Field Laboratory Field Laboratory Field Laboratory Field Laboratory

W1 Duck Creek - US 28.51.802s 153.29.645e

pH NR 7.9 8.21 7.36 7.36 7.36 Temperature (°C) 18.16 14.4 16 20.63 24.97 24.97 Turbidity (NTU) 9.3 34 8 4 12.8 12.8 TSS (mg/L) Conductivity (mS/cm) 4.4 6.3 15.4 24.1 24.2 24.2 Dissolved Oxygen (mg/l) 6.91 1.12 6.07 7.32 6.52 6.52 Salinity % 76.5 65 71 90.9 87.1 87.1 Oil & Grease nil nil nil nil nil nil

W2 Emigrant Creek South - US 28.51.544s 153.29.866e

pH NR 8.1 8.16 7.52 7.48 7.66 Temperature (°C) 17.42 13.9 16.5 20.91 25.19 24.21 Turbidity (NTU) 16.4 33 7 4.5 5.8 15.9 TSS (mg/L)

Conductivity (mS/cm) 4.31 2.73 9.1 16.3 20.1 3.43 Dissolved Oxygen (mg/l) 6.39 1.13 5.97 9.05 8.2 8.32 Salinity % 69.6 67.1 61.1 109.7 108.3 102.3 Oil & Grease nil nil nil nil nil nil

W3 Drain - US 28.52.166s 153.29.830e

pH NR 8.1 8.06 7.54 7.64 7.72 Temperature (°C) 19.22 16 17.3 21.3 25.66 26.52 Turbidity (NTU) 5.9 10 9 5.4 9.6 6.7 TSS (mg/L) Conductivity (mS/cm) 11.1 16.3 26.4 27 26.3 9.55 Dissolved Oxygen (mg/l) 8.01 1.1 5.81 9.24 8.4 9.54 Salinity % 92.4 75.6 63.3 117.3 114.5 124 Oil & Grease nil nil nil nil nil nil

W4 Duck Creek - DS 25.52.087e 153.29.927e

pH NR 7.8 8.37 7.59 7.61 7.33 Temperature (°C) 17.99 15 16.6 21.22 25.74 28.12 Turbidity (NTU) 6.4 12 5 6 6.4 19.8 TSS (mg/L) Conductivity (mS/cm) 14.4 12 24.1 29.3 29.1 10.8 Dissolved Oxygen (mg/l) 6.2 1.1 6.01 8.53 9.01 9.19 Salinity % 70.6 74.9 66.7 109.3 124.3 122.9 Oil & Grease nil nil nil nil nil nil

W5 Emigrant Creek South - DS 28.52.191e 153.30.166s

pH NR 7.8 8.38 7.66 7.66 7.83 Temperature (°C) 18.76 16 17.1 21.57 25.38 25.49 Turbidity (NTU) 9.9 16 7 4.2 9.8 10 TSS (mg/L) Conductivity (mS/cm) 21.3 20 28.2 33 32.1 10.7 Dissolved Oxygen (mg/l) 7.09 1.1 6.12 10.36 9.06 7.83 Salinity % 84.2 78.8 69 135.6 125.8 105.3 Oil & Grease nil nil nil nil nil nil

P:\GEO02331 P2T Site Environmental Coordinator\Reports\CCR#4\221015‐EN‐Current RXX Master Monitoring Register.xlsx 4/12/2015

Figure 3 Dust Monitoring Locations

Appendix B – Dust Monitoring Data

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Dust Monitoring

DDG No. Location Coordinates

DDG 1 Emigrant Creek North 28.51.847S 153.30.261E

DDG 2 Pimlico Road 28.52.092S 153.29.686E

Control Main Site compound 28.51.653S 153.31.130E

Exceedance of 4g/m2/month criteria

Month Date From Date To Operator Location

Lab Results

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Jun-15 28/05/2015 16/06/2015 Marty Brett DDG - 1

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0.8 ...

DDG - 2 0.4 20 0.3 0.1 2.3 2.7 ...

DDG - Control 0.9 46 0.7 0.1 1.6 2.5 ...

Jul-15 16/06/2015 17/07/2015 Marty Brett DDG - 1

4 0.9 29 0.6 0.3 2.2 3.1

0.5 ...

DDG - 2 0.2 6 0.1 0.1 1.9 2.1 ...

DDG - Control 0.6 18 0.3 0.3 2.3 2.9 ...

Aug-15 17/07/2015 18/08/2015 Leigh Mehmet DDG - 1

4 0.6 17 0.3 0.2 1.3 1.8

1.5 ...

DDG - 2 2.4 75 1.4 1.0 2.3 4.7 Cloudy colour

DDG - Control 0.6 19 0.5 0.1 0.2 0.8 ...

Sep-15 18/08/2015 16/09/2015 Leigh Mehmet DDG - 1

4 1.1 39 0.4 0.8 1.8 3.0

0.9 ...

DDG - 2 0.7 25 0.3 0.5 1.5 2.2 ...

DDG - Control 0.6 21 0.3 0.3 1.0 1.6 ...

Oct-15 16/09/2015 22/10/2015 Leigh Mehmet DDG - 1

4 0.4 12 0.1 0.4 0.6 1.0

0.8

Empty/spider & spider eggs present/0.50L milliQ added

DDG - 2 1.2 32 0.8 0.4 3.9 5.1 ...

DDG - Control 1.3 37 0.7 0.6 2.6 3.9 ...

Nov-15 22/10/2015 13/11/2015 Leigh Mehmet DDG - 1

4 0.2 7 0.0 0.2 0.0 0.2

1.7 ...

DDG - 2 3.1 105 1.5 1.6 4.6 7.7 ...

DDG - Control 2.5 84 0.9 1.6 4.0 6.5 ...

P:\GEO02331 P2T Site Environmental Coordinator\Reports\CCR#4\221015‐EN‐Current RXX Master Monitoring Register.xlsx 4/12/2015

Appendix C – Noise Monitoring Data

18

Noise Monitoring

Monitoring Location

Day Night

Existing Background Level,

LAeq (15hr)

Noise Management Levels LAeq dB(A)

Existing Background Level,

LAeq (9hr)

Noise Management Levels LAeq dB(A)

Site 1

105 Smith Drive, West Ballina 56 61 56 61

Site 2

55 Pimlico Road, Pimlico 53 58 50 55

Site 3

14 Uralba Road, Uralba 54 59 52 57

Month Date Noise monitoring location Operator Start Time End Time Construction Activity Predicted / Objective

Leq Leq Lmax Lmin L10 L90 Comments

Jun-15

17/06/2015 Pimlico Road Leigh Mehmet 12:00 12:15 Steel fixing 300m 58 51.9 71.5 36.2 49.9 40.2 3 x LV passed close to monitoring location

17/06/2015 Uralba Road Leigh Mehmet 12:25 12:40 Nil 59 59.2 76.7 46.8 61.6 53

Objective exceeded, but not considered to be due to P2T construction works. No P2T construction works were occurring within 500m of monitoring location. Significant traffic noise from Bruxner Highway influenced results.

17/06/2015 Smith Drive Leigh Mehmet 10:40 10:52 Excavator >500m 61 51.2 74.3 41 53.3 44.6 1 x LV passed close to monitoring location

Jul-15

20/07/2015 Pimlico Road Leigh Mehmet 12:35 12:50 Bridge Works 500m 58 57.2 73 42.8 59 48.4 3 x LV passed close to monitoring location

20/07/2015 Uralba Road Leigh Mehmet 13:40 12:40 Nil 59 55.5 70.2 42.2 58.3 48 Bruxner Highway 50m

20/07/2015 Smith Drive Leigh Mehmet 9:15 9:30 Bridge Works 500m 61 59.2 80.4 47.1 57.3 50.2 4 x LV passed close to monitoring location

Aug-15

19/08/2015 Pimlico Road Leigh Mehmet 14:10 14:25 Parapet Install 500m 58 54.3 74.5 43.8 55.9 47.5 Pacific Highway 100m

19/08/2015 Uralba Road Leigh Mehmet 14:40 14:55 Parapet Install 200m 59 50.2 83.3 48.6 63.7 53.2 Bruxner Highway 50m

19/08/2015 Smith Drive Leigh Mehmet 13:40 13:55 Earthworks 200m 61 56.2 82 44.6 57.2 48.4 3 x LV passed close to monitoring location

Sep-15

16/09/2015 Pimlico Road Leigh Mehmet 10:15 10:30 Earthworks 300m 58 59.5 84.6 39.3 61.2 43.4

Objective exceeded, but not considered to be due to P2T construction works. Significant traffic noise from Pacific Highway, which is closer than the nearest construction activities being undertaken. Also, local traffic on Pimlico Road including 1 x truck (84.6), 1 x LV (79.2).

16/09/2015 Uralba Road Leigh Mehmet 10:40 10:55 Bridge works 300m 59 59.9 74.2 45.4 62.8 52.3

Objective exceeded, but not considered to be due to P2T construction works. Significant traffic noise from Bruxner Highway, which is closer than the nearest construction activities being undertaken.

16/09/2015 Smith Drive Leigh Mehmet 9:50 10:05 Drainage 300m 61 54.6 70.9 43.2 57.5 47 1 x LV passed close to monitoring location

Oct-15

21/10/2015 Pimlico Road Leigh Mehmet 14:00 14:15 Earthworks 200m 58 54.4 73.5 46.4 56.2 50 1 x LV passed close to monitoring location

21/10/2015 Uralba Road Leigh Mehmet 14:20 14:35 Bridge / Earthworks 200m

59 58.6 72.2 52.3 60.4 54.4 Bruxner Highway 50m

21/10/2015 Smith Drive Leigh Mehmet 13:40 13:55 Earthworks 200m 61 63.2 77.9 49.6 64.3 51.9

Objective exceeded, but not considered to be due to P2T construction works. Significant traffic noise from Pacific Highway, which is closer than the nearest construction activities being undertaken. Wind was blowing from highway towards monitoring location. Also, 1 x truck passed close to monitoring location.

Nov-15

12/11/2015 Pimlico Road Leigh Mehmet 14:50 15:05 Earthworks 200m 58 55.9 80.5 40.1 55.3 43.5 2 x LV passed close to monitoring location

12/11/2015 Uralba Road Leigh Mehmet 15:10 15:25 Grader Trim 400m 59 63.5 75.7 50.2 67.3 53.3

Objective exceeded, but not considered to be due to P2T construction works. Significant traffic noise from Bruxner Highway, which is closer than the nearest construction activities being undertaken.

12/11/2015 Smith Drive Leigh Mehmet 14:25 14:40 Earthworks 200m 61 54.2 68.4 45.5 56.6 48.3 Birds chirping nearby throughout monitoring

Appendix D – Compliance Table

19

Minister's Conditions of Approval - Ballina Bypass Project (Stage Two - Pimlico Rd to Teven Rd Enabling Works)

Period: 5 June 2015 to 5 December 2015 Note: A March 2016 construction completion date is assumed for the purpose of identifying the likely close-out date for relevant MCoAs.

MCoA Condition Requirement Responsibility Timing (Project phase)

Close-Out Date

Implementation status

Compliance status

Details of compliance

General 1

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

the proposal contained in the Environmental Impact Statement (EIS) ‘Pacific Highway Ballina Bypass’ prepared for the Roads and Traffic Authority (RMS) by Connell Wagner and dated February 1998 and the Representations Report ‘Pacific Highway Ballina Bypass’ prepared by RMS Environmental Technology for the RMS and dated December 2001;

all identified procedures, safeguards and mitigation measures identified in the EIS and Representations Report;

the Director-General’s Report;

the RMS's modification request and assessment information dated 1 October 2010 to correct a minor error in approved chainages to allow an extension of construction hours on Saturdays between the hours of 7am and 4pm within the area defined as SP1 (08_0019 MOD 5); and

the RMS's modification request and assessment information dated 25 August 2008 and 9 December 2008 supplemented by correspondence the RMS provided between 28 August and 8 January 2009 (08_0019 MOD 3);

the RMS's modification request dated 18 January 2008 (08_0019 MOD 1);

the RMS's modification request dated 17 June 2010 and assessment information supplemented by correspondence the RMS provided on 18 June 2010 for extension of construction hours on Saturdays between the hours of 7 am and 4 pm within the area defined as SP1 (08_0019 MOD 4);

the RMS's modification request dated 25 August 2008 and Environmental Assessment ('Modification of the Ballina Bypass Environmental Assessment Report' (August 2008)) supplemented by correspondence the RMS provided between 18 February and 24 February 2009 for the design modifications between the Bruxner Highway Interchange and the Teven Road Interchange (08_0019 MOD 2);

The project shall be carried out consistent with: LCPL Construction Ongoing Compliant The project has been constructed in accordance with the documents listed in MCoA 1(a) to (j). P2T has reported any exceedences or non-conformances with the MCoAs to the relevant government agencies as required.

The Construction EMP and sub-plans; and environmental work method statements include the mitigation measures and requirements outlined in the documents listed in MCoA 1(a) to (j).

(i)

(j)

the Roads and Maritime Services modification request dated 19 December 2011 to allow for an extension of time for the submission of the Environmental Impact Audit Report (08_0019 MOD 6);

the Conditions of this Approval. In the event of any inconsistency between the conditions of this approval and any document listed from condition 1(a) to 1(i) inclusive, the conditions of this approval shall prevail to the extent of the inconsistency. In the event of an inconsistency between any documents listed from condition 1(a) to 1(i) inclusive, the most recent document shall prevail to the extent of the inconsistency.

These conditions do not relieve the Proponent of the obligation to obtain all other approvals and licences from all relevant authorities required under any other Act. Without affecting the generality of the foregoing, the Proponent shall comply with the terms and conditions of such approvals and licences.

It shall be the ultimate responsibility of the RMS to ensure compliance with all conditions of approval granted by the Minister.

Compliance General 2 The Proponent shall comply with, or ensure compliance with all requirements of the Director-General

in respect of the implementation of any measures arising from the Conditions of this Approval. The Proponent shall bring to the attention of the Director-General any matter that may require further investigation and the issuing of instructions from the Director-General. The Proponent shall ensure that these instructions are implemented to the satisfaction of the Director-General within such time that the Director-General may specify.

LCPL Construction and Operation

Ongoing Compliant Noted

3 The Proponent may elect to construct the project in discrete work packages or defined stages. In that situation the Conditions of Approval must be complied with separately for each discrete work package or defined stage.

RMS Construction Ongoing Compliant Construction Staged construction of the Ballina bypass project was introduced as described in MOD 2, which was approved by the Director-General on 20 March 2009 (refer to MCoA 1(f)).

Stage 2 of the project will involve an additional upgrade of the Pacific Highway and Bruxner Highway from Pilmico Road to Teven Road intersections.

Staging report approved September 2013.

Pre-Construction Compliance Report

Print date: 10:37 AM, 7/12/2015 Filename: P2T MCOA compliance register_Jun15_Dec15_ver1.xlsx Page 1 of 19


Close-Out Date


Compliance status


4

(a)

(i) nomination and approval of Environmental Management Representative ;

(ii) site surveying (assuming no clearance or site works are required);

(iii) community consultation including copies of publications and media releases;

(iv) the geological and hydrogeological report required under Condition 26;

(v) noise monitoring;

(vi) EMP preparation;

(vii) communications with Department of Planning and other relevant agencies; and,

(viii) compliance with all relevant Conditions of Approval.

(b)

(c)

(d)

a timeframe indicating when each of the conditions were complied with. This may include dates of submissions of the various studies and/or approval dates;

conditions placed on any approvals or licences issued by other agencies and action taken (or proposed) to satisfy the requirements of approvals and/or studies; and,

Note: If construction is undertaken in discrete stages then a Pre-Construction Compliance Report will need to be prepared in accordance with Condition 4 for each discrete work package or defined stages.

At least one month prior to commencement of substantial construction (or within such period as otherwise agreed by the Director-General), the Proponent shall submit a report detailing how all conditions to be addressed prior to substantial construction have been complied with. The project must not commence until the proponent has been advised in writing that the Director-General has approved the Pre-Construction Compliance Report.

Details demonstrating how the activities leading up to substantial construction have been addressed. Amongst other matters, these activities shall include:

a plan indicating how the conditions which apply to the construction work package or defined stage will be satisfied.

The Director-General shall provide a response within 1 month of receiving the Pre-Construction Compliance Report. The Director-General may request additional information if the Pre-Construction Compliance Report is considered incomplete. In such cases, the time between the date on which the Proponent receives the request, and the date on which the additional information is provided to the Director-General, shall not be taken into account in the 1 month period. The Director-General shall make any requests for additional information within 2 weeks of receipt of the Pre-Construction Compliance Report from the Proponent.

This report shall provide the following information as a minimum:

LCPL & RMS Pre-construction Dec-13 Closed Compliant DoPI letter dated 5/12/13 confirming acceptance of PCCR report and Stage 2 works can commence

Pre-Operation Compliance Report 5

(a)

(b)

(c)

(d)

(e)

(f) a plan indicating how the conditions which apply during the operation stage will be satisfied.

Note: The Director-General shall provide a response within 1 month of receiving the Pre-Construction Compliance Report required by Condition 4 or the Pre-Operation Compliance Report required by Condition 5. The Director-General may request additional information if the report is considered incomplete. In such cases, the time between the date on which the Proponent receives the request, and the date on which the additional information is provided to the Director-General, shall not be taken into account in the 1 month period. The Director-General shall make any requests for additional information within 2 weeks of receipt of the Pre-Construction Compliance Report or the Pre-Operation Compliance Report from the Proponent.

conditions placed on any operational approvals or licences issued by other agencies; and action taken (or proposed) to satisfy the requirements of approvals and/or studies; and,

details demonstrating how each condition was satisfied during construction;

a timeframe indicating when each condition was complied with. This may include dates of submissions of the various studies and/or requirements of various relevant conditions, approval dates, completion of any necessary works etc;

summaries of major issues raised through the ongoing Community Consultation process and how these issues were addressed;

summaries of major environmental issues, how they were managed, and lessons learned;

At least one month (or within such period as otherwise agreed by the Director-General) prior to commencement of operation of any part of the project (or defined stages of the project), the Proponent shall submit a Compliance Report for approval of the Director-General. This report shall detail how all conditions that apply prior to commencement of operation have been complied with. The report shall provide the following information as a minimum:

LCPL Pre-operation Upcoming n/a A Pre-operation compliance report will be submitted at least one month prior to the commencement of operation of the Pimlico to Teven stage of works.

Project Commencement



Close-Out Date


Compliance status


6 The Proponent shall notify the Director-General and all relevant authorities in writing at least 1 week prior to commencement of construction and operation. For the purposes of assessing compliance with these Conditions, the Proponent shall explicitly identify a date for construction and a date for substantial construction.

LCPL & RMS Pre-construction Dec-13 Closed Compliant Construction The RMS notified the Director-General of the LCPL's intention to commence construction of the project on 14 November 2013 and substantial construction on 21 November 2013 in a letter dated 7 November 2013. DoPI response received 5 December 2013

Dispute Resolution 7 The Proponent shall endeavour, as far as possible, to resolve any dispute with relevant public

authorities arising out of the implementation of the Conditions of this Approval. Should this not be possible, the matter shall be referred firstly to the chief executives and directors of the agencies involved and if the matter cannot be resolved then to the Minister for resolution. The Minister’s determination of the disagreement shall be final and binding on all parties.

RMS Construction and Operation

Ongoing Compliant Noted.

Complaints Management System 8

(a)

(b)

(c)

(d)

adequate resourcing to implement the Complaints Management System including human resources, communication and transport etc.

details of all complaints received during construction are to be recorded, in accordance with (c) above and at least a verbal response on the action undertaken or proposed to be undertaken shall be provided to the complainant within two hours of the complaint in the case of night time

a 24 hour, toll free telephone number that is listed with a telephone company and advertised by means (e.g. newspapers, site signage etc) that would maximise public awareness of the number. This telephone number shall enable any member of the public to reach a person who can arrange appropriate response(s) to the complaint(s);

an appropriate person(s) to receive, log, track and respond to complaints within the specified timeframe. The name and contact details of the nominated person(s) shall be provided to Ballina Shire Council, relevant authorities and the Director-General upon appointment or upon any changes to that appointment;

The Proponent shall implement a Complaints Management system prior to the commencement of construction, which ensures all complaints received during construction are recorded and managed as expeditiously as possible. Minimum requirements of the Complaints Management System shall include:

LCPL Construction Ongoing Compliant LCPL has implemented a complaints management system in accordance with the project's Community Engagement Strategy (P2T 2013). The strategy addresses the requirements of MCoA 8, specifically:

(a) P2T has a 24-hour toll-free 'project information line' 1800 778 900. The Community Engagement Strategy provides details on management of the project information line. The project information line is listed on the RMS project website. All advertisements run by P2T in the local media are posted on the public information section of the website and these advertisements all include the project information line number. (b) During the project, the LCPL Project Manager will oversee implementation of the Community Engagement Strategy including complaints management. (c) Tthe Community Engagement Strategy provides details on management of enquiries and complaints including identifying roles and responsibilities. The strategy notes that the responsible personnel have been introduced to Ballina Shire and Lismore City councils. (d) and (e) The Community Engagement Strategy includes a commitment by LCPL to meet the requirements of MCoA 8(d) and (e). (f) and (g) The Strategy includes strategies to manage community disputes including the appointment of an independent mediator approved by the Director-General.

(e)

(f)

(g)

a process for the provision of a more detailed response to the complainant within 10 days, if additional information exists (over and above that provided in the initial response);

works (or within an alternate time agreed to by the complainant) and within 24 hours of the complaint in the case of standard construction hours or non-construction times;

appropriate management structures to allow effective resolution of complaints; and,

a mediation system to ensure that all complaints are satisfactorily addressed to the greatest extent practicable. Where external or independent mediation is required, the mediator is to be approved by the Director-General.

Information on all complaints received, including the means by which they were addressed and whether resolution was reached with or without mediation, shall be included in the six-monthly Construction Compliance Report required by Condition 15 and shall be made available to the Director-General upon request.

Complaints data will be included in each of P2Ts 6-monthly compliance reports.

Complaints summary: October 2014 - One complaint regarding rocks on Uralba Rd adjacent to turnaround area November 2014 - One complaint regarding damage to a building due to subsidence March 2015 - One complaint regarding damage to vehicle April 2015 - One complaint regarding rocks being dragged onto public road November 2015 - One complaint regarding trucks driving too fast through village between quarry and site - One complaint regarding gravel & rocks on road verge being hazard for cyclists

Advertisement of Activities 9 Prior to the commencement of construction, and then at three (3)-monthly intervals, the Proponent

shall advertise in relevant local newspapers, the nature of the works proposed for the forthcoming three months, the areas in which these works are proposed to occur, the hours of operation and a contact telephone number.

The Proponent shall ensure that the local community and businesses are kept informed (by appropriate means such as: newsletters, leaflets, newspaper advertisements, community noticeboards, etc.) of the progress of the project, including any traffic disruptions and controls, construction of temporary detours and work required outside the nominated working hours, in particular noisy works, prior to such works being undertaken.

LCPL & RMS Pre-construction and Construction

Ongoing Compliant Section 11.3.4 of the Community Engagement Strategy includes a commitment by the Project to prepare written and promotional materials that meet the requirements of MCoA 9.

RMS placed advertisements in the Northern Star, Ballina Shire News and Ballina Shire Advocate in November 2013 to inform the local community of the start of the project. Since then, regular construction updates have been placed on the RMS project website and in the local papers. The project team has been in regular contact with residents located close to the site and targeted project updates have been provided to these residents. Residents who would potentially be impacted by proposed out of hours works are directly consulted by the Project Manager.

The LCPL project website includes the project details (PIRMP & 1800 community phone number).

(a)

(b)

(c) minutes of community liaison group meetings;

10 The Proponent shall establish a project internet site prior to the commencement of construction and maintain the internet site until 12 months after opening the project to traffic. This internet site shall contain monthly updates of work progress, consultation activities and a planned work schedule, including but not limited to:

a description of relevant approval authorities and their areas of responsibility;

a list of reports and plans that are publicly available under this Approval and the executive summaries of those reports;


Ongoing Compliant Section 11.3.6 of the Community Engagement Strategy includes a commitment by the Project to update and promote the RMS's Pacific Highway Upgrade website in accordance with the requirements of MCoA 9.

The Pacific Highway Upgrade website includes a description of relevant approval authorities for the entire upgrade program and their areas of responsibilities.

The project website includes:

- a 'Project documents' page on which reports and community information session presentations



Close-Out Date


Compliance status


(d)

(e)

contact names and phone numbers of the project communications staff; and,

the 24 hour toll-free complaints contact telephone number.

Updates of work progress, construction activities and planned work schedules shall be provided more frequently where significant changes in noise impacts are expected.

and minutes can be downloaded. - a 'Project contact' page containing contact details including the 24-hour project information line telephone number. http://www.rms.nsw.gov.au/projects/northern-nsw/pimlico-to-teven/index.html

Community Engagement Strategy 11

(a)

(b)

(c)

(d)

(e)

A copy of the Strategy shall be provided to the Director –General prior to the commencement of construction and the Proponent shall maintain and implement of the Strategy during the construction stage.

The Proponent shall, prior to the commencement of substantial construction, prepare a Community Engagement Strategy for the project. This Strategy shall provide mechanisms to facilitate communication between the Proponent, the constructor, the Environmental Management Representative and the local community (including adjoining landowners, businesses and Council, as relevant) on the progress and the related environmental management of the project. The Strategy shall include, but not be limited to:

procedures and mechanisms through which the Proponent can respond to any enquiries or feedback from the community in relation to the environmental management and delivery of the project;

procedures and mechanisms to be implemented to resolve issues/ disputes that may arise between the community and the Proponent on matters relating to environmental management and delivery of the project. This may include the use of an appropriately qualified and experienced independent mediator.

Issues that may be addressed through the Community Engagement Strategy include: flora and fauna controls, noise control measures, property access arrangements, air and water quality, and landscaping requirements.

identification of community stakeholders to be consulted as part of the Strategy;

procedures and mechanisms for the regular distribution of information to the community on the progress of the project and matters associated with environmental management of the project;

procedures and mechanisms through which the community can discuss or provide feedback to the Proponent and or Environmental Management Representative in relation to the environmental management and delivery of the project. This may include focused discussion forums and site inspections;

LCPL Pre-construction and Construction

Ongoing Compliant LCPL has prepared a Community Engagement Strategy (Rev 1.0) that meets the requirements of MCoA 11, specifically:

(a) Appendix C identifies key stakeholders and their issues of interest. (b), (c) and (d) Section 16 contains a stakeholder engagement program for the project that includes mechanism for informing the local community and receiving and responding to community enquiries, complaints and feedback (e) Section 16 of the Communitcations Engagement Strategy includes strategies to manage community disputes including the appointment of an independent mediator approved by the Director-General.

The Community Engagement Strategy was updated in October 2013 to include P2T requirements

Environmental Management Representative 12 Prior to the commencement of construction, the Director-General shall approve the appointment of

the person nominated by the Proponent to serve as the Environmental Management Representative (EMR). In considering the appointment, the Director-General shall take into account:


Ongoing Compliant The EMR, Rob Van Iersel of GeoLink, was approved by the Department of Planning and Infrastructure on 29 October 2013.

(a)

(b) (c)

(i)

(ii)

(iii) (iv)

(v)

(vi)

(vii)

the qualifications and experience of the EMR including demonstration of general compliance with AS/NZS ISO 14012:1996 Guidelines for Environmental Auditing : Qualification Criteria for Environmental Auditors;

reviewing the Proponent’s induction and training program for all persons involved in the construction activities and monitor implementation;

periodically monitoring the Proponent’s environmental activities to evaluate the implementation, effectiveness and level of compliance of on-site construction activities with the Construction EMP and associated plans and procedures, including carrying out site inspections at least fortnightly;

endorsing the Construction EMP in accordance with Condition 14;

certifying the environmental/community impacts as minor for all activities defined by the Proponent as not constituting substantial construction;

The EMR shall have responsibility for:

recording and providing a written report to the Proponent of non-conformances with the Construction EMP and require the Proponent to undertake mitigation measures to avoid or minimise any adverse impacts on the environment or report required changes to the Construction EMP;

directing the Proponent to stop work immediately, if in the view of the EMR an unacceptable impact on the environment is likely to occur, or require other reasonable steps such as the authorisation of hold points to be taken to avoid or minimise any adverse impacts;

the role and responsibility of the EMR; and,

considering and advising the Proponent on matters specified in the Conditions of Approval and compliance with such;

the authority and independence of the EMR including details of the Proponent’s internal reporting structure.

(viii)

(ix)

reviewing corrective and preventative actions to ensure the implementation of recommendations made from the audits and site inspections; reviewing minor revisions to the Construction EMP;



Close-Out Date


Compliance status


(x)

(xi)

The EMR shall be available during construction activities at the site and be present on-site during any critical construction activities as identified in the Construction EMP.

providing regular (as agreed with the Department) reports to the Department on matters relevant to the carrying out of the EMR role, including notifying the Director-General of any stop work notices; and, endorsing the Operational EMP in accordance with Condition 16.

The EMR shall immediately, and at the same time, advise the Proponent and the Director-General of any major issues resulting from the construction of the project that have not been dealt with expediently or adequately by the Proponent.

Environmental Management System 13 RMS Pre-construction Ongoing Compliant As noted in Section 1.1 of the Construction EMP, Leighton Contractors has an environmental The Proponent shall ensure the appointment of contractors that have a demonstrated capability and

management system that is certified to the AS/NZS ISO 14001 experience in the implementation of an Environmental Management System prepared in accordance with the AS/NZS ISO 14000 series or BS7750-1994 certified by an accredited certifier and/or have a proven environmental management performance record.

Construction Environmental Management Plan 14 The BBA CEMP has been amended to include the P2T scope of works. The amendments have Prior to the commencement of substantial construction, a Construction Environmental Management Compliant Ongoing Pre-construction and LCPL

been reviewed by the ERG and EMR (version 1.3, 22/11/2013). These amendments were endorsed Plan (EMP) shall be prepared, following consultation with the DECC, DWE, NSW Agriculture, DPI Construction by the EMR as minor (in accordance with MCoA 12ix) and submitted to the Department of Planning (AHPU) and Ballina Shire Council. Where construction activities may be undertaken in discrete work and Infrastructure for information on 4 December 2013 packages or defined stages, the Proponent may prepare individual EMPs relating to specific work

packages or stages of construction.

The Construction EMP shall be prepared in accordance with the Conditions of this Approval, all relevant Acts and Regulations and accepted best practice management procedures. The Construction EMP requires approval by the Director-General prior to substantial construction works or within such time as otherwise agreed to by the Director-General. The EMP shall be certified as being in accordance with the Conditions of Approval by the EMR prior to seeking approval of the Director-General.

The Director-General shall provide a response to the Construction EMP within one (1) month of receipt of all relevant information from the Proponent assuming receipt of adequate and sufficient information. If a request is made by the Director-General for additional information the period of time that elapses between the date on which the Proponent receives the request and the date on which the additional information is provided to the Director-General shall not be taken into account in the one (1) month period referred to above.

(a)

(b) cover specific environmental management objectives and strategies for the main environmental system elements and include, but not be limited to: noise and vibration; geotechnical issues; air quality; water; erosion and sedimentation; access and traffic; heritage and archaeology; groundwater; contaminated spoil and acid sulfate soils, spoil stockpiling and disposal; waste/resource management; flora and fauna; flooding and stormwater control; impacts on SEPP 14 Wetlands; visual screening; landscaping and rehabilitation; hazards and risks; energy use, resource use and recycling; and utilities; and,

The Construction EMP shall:

address construction activities associated with all key construction sites, including staging and timing of the proposed works;

(c)

(i) identification of the statutory and other obligations which the Proponent is required to fulfil during project construction, including all approvals and consultations/agreements required from other authorities and stakeholders, and key legislation and policies which control the Proponent’s construction of the project;

(ii) definition of the role, responsibility, authority, accountability and reporting of personnel relevant to compliance with the Construction EMP;

(iii) measures to avoid and/or control the occurrence of environmental impacts; (iv) measures (where possible and cost-effective) to provide positive environmental offsets

to unavoidable environmental impacts;

(v) the role of the EMR; (vi) environmental management procedures for all construction processes which are

important for the quality of the environment in respect of permanent and/or temporary works;

(vii) monitoring, inspection and test plans for all activities and environmental qualities which are important to the environmental management of the project, including performance criteria, specific tests, protocols (e.g.. frequency and location) and procedures to follow;

(viii) environmental management instructions for all complex environmental control processes which do not follow common practice or where the absence of such instructions could be potentially detrimental to the environment;

address, but not be limited to:



Close-Out Date


Compliance status


(ix) the sub plans required under this Approval including: the Groundwater and Settlement Management Sub Plan (Conditions 27), the Construction Traffic Management Sub Plan (Condition 31), the Flora and Fauna Management Sub Plan (Condition 33), the Integrated Wetland Management Sub Plan (Condition 40), the Construction Noise and Vibration Management Sub Plan (Condition 42), the Soil and Water Management Sub Plan (Condition 57), the Acid Sulfate Soils Management Sub Plan (Condition 68), the Spoil and Fill Management Sub Plan (Condition 69), the Landscaping and Rehabilitation Sub Plan (Condition 71), the Indigenous Heritage Management Sub Plan (Condition 74), the Construction Air Quality Sub Plan (Condition 77), Hazards and Risk Management Sub Plan (Condition 80), and the Waste Management and Reuse Sub Plan (Condition 80);

(x) steps the Proponent intends to take to ensure that all plans and procedures are being complied with;

(xi) consultation requirements with relevant government agencies; and, (xii) community consultation and notification strategy (including local community, relevant

government agencies, and Ballina Shire Council), and complaint handling procedures.

Specific requirements for some of the main environmental system elements referred to in (b) shall be as required under the conditions of this Approval and/or as required under any licence or approval.

The Construction EMP(s) shall be made publicly available.

14A Where the project is modified, any additional construction environmental management plans or updates, prepared or amended to meet the requirements of the project approval as modified, must be approved by the Director-General prior to the commencement of substantial construction in relation to the modification.

LCPL Construction Ongoing Compliant Noted

Construction Environmental Monitoring 15 The Proponent shall submit to the Director-General reports in respect of the environmental LCPL Construction Ongoing Compliant 6-monthly reports shall be prepared in accordance with MCoA 15. First report was submitted in July

performance of the construction works and compliance with the Construction EMP and any other 2014 for the period Dec 13 - Jun 14. Second report was submitted in January 2015 for the period relevant Conditions of this Approval. The reports shall be prepared six months after the start of Jun 14 - Dec 14. Third report was submitted in July 2015 for the period Dec 14 - Jun 15. Fourth

(a) applications for consents, licences and approvals, and responses from relevant authorities;

The reports shall be submitted no later than one month after the six month period to which they apply, and are to be certified by the EMR to confirm that all EMP requirements and Conditions of Approval have been complied with.

The report(s) shall include, but not be limited to, information on:

substantial construction and thereafter at six monthly intervals or at other such periods as requested by the Director-General to ensure adequate environmental performance over the duration of the construction works.

report is due in January 2016.

(b)

(c)

(d)

(e)

(f)

(g)

implementation and effectiveness of environmental controls and conditions relating to the work undertaken;

identification of construction impact predictions made in the EIS, Modification of the Ballina Bypass Environmental Assessment Report (August 2008) and any supplementary studies and details of the extent to which actual impacts reflected the predictions;

details and analysis of results of environmental monitoring;

number and details of any complaints, including summary of main areas of complaint, action taken, response given and intended strategies to reduce complaints of a similar nature;

The report(s) shall be provided to the DECC, DWE and Ballina Shire Council, and any other relevant government agency nominated by the Director-General. The report(s) shall also be made publicly available.

the plan to be adopted for the project to ensure continued compliance over the coming six month period; and,

any other matter relating to the compliance by the Proponent with the Conditions of this Approval or as requested by the Director-General.

Operational Environmental Management Plan



Close-Out Date


Compliance status


16 An Operational Environmental Management Plan (EMP) shall be prepared prior to the commencement of operation of any part of the project (or defined stages of the project). The Plan shall be prepared in consultation with the DECC, DWE, DPI (AHPU), Ballina Shire Council and any other relevant government agency nominated by the Director-General. The Plan shall be prepared in accordance with the Conditions of this Approval, all relevant Acts and Regulations and accepted best practice management procedures. The Operational EMP requires approval by the Director-General prior to commissioning or within such time as otherwise agreed to by the Director-General. The EMP shall be certified as being in accordance with the Conditions of Approval by the EMR prior to seeking approval of the Director-General.

The Director-General shall provide a response to the Operational EMP within one (1) month of receipt of all relevant information from the Proponent assuming receipt of adequate and sufficient information. If a request is made by the Director-General for additional information, the period of time that elapses between the date on which the Proponent receives the request and the date on which the additional information is provided to the Director-General shall not be taken into account in the one (1) month period referred to above.

LCPL & RMS Pre-operation Closed Compliant P2T is captured under the Ballina Bypass OEMP, which was prepared in 2011.

(i)

(ii)

(iii)

(iv) the sub plans required under this Approval including: the Operational Noise Management Sub Plan (Condition 55), the Soil and Water Management Sub Plan (Condition 57), the Landscaping and Rehabilitation Sub Plan (Condition 71), the Hazards and Risk Management Sub Plan (Condition 79), and the Waste Management and Recycling Sub Plan (Condition 80);

monitoring, inspection and test plans for all activities and environmental qualities which are important to the environmental performance of the project during its operation, including description of potential site impacts, performance criteria, specific tests and monitoring requirements, protocols (e.g. frequency and location) and procedures to follow;

sampling strategies and protocols to ensure the quality of the monitoring programme, including specific requirements of the DECC and DWE;

The Operational EMP shall address at least the following issues:

identification of the statutory and other obligations which the Proponent is required to fulfil, including all licences/approvals and consultations/agreements required from authorities and other stakeholders, and key legislation and policies which control the Proponent’s operation of the project;

(v)

(vi)

(vii)

consultation requirements, including relevant government agencies, the local community and Council, and complaints handling procedures; and

steps the Proponent intends to take to ensure compliance with all plans and procedures;

strategies for the main environmental system elements and including but not limited to: noise; water; SEPP 14 Wetlands; groundwater; flora and fauna; hydrology and flooding; visual screening, landscaping and rehabilitation; and hazards and risks.

Specific requirements for some of the main environmental system elements referred to in (g) shall be as detailed under the conditions of this Approval and/or as required under any licence or approval.

The Operational EMP shall be made publicly available.

All sampling strategies and protocols undertaken as part of the Operational EMP shall include a quality assurance/quality control plan and shall be approved by the relevant regulatory agencies to ensure the effectiveness and quality of the monitoring program. Only accredited laboratories can be used for laboratory analysis.

Compliance with this condition may be waived with the approval of the Director-General on the proviso that the RMS has an operational maintenance and monitoring program for the whole of the Pacific Highway which addresses the key issues relating to this activity and provided that the results of this program are made publicly available.

Environmental Impact Audit Report 17 The Proponent shall commission an independent and suitably qualified person to undertake an

Environmental Impact Audit of the project within 12 months of completion of construction. The Audit shall: (a) assess the key impact predictions made in the documents referred to under condition 1 of this approval, and detail the extent to which the actual impacts reflect the predicted impacts; (b) assess the suitablity of implemented mitigation measures and safeguards; (c) assess compliance with the Operational Environmental Management Plan; and (d) discuss results of consultation with the local community in terms of feedback/ complaints on the operational phases of the project and issues of concern raised by the community.

RMS Operation Closed Compliant The BBA Environmental Impact Audit Report was submitted to DoPI in July 2013. Within 12 months of completion of P2T RMS will commission an Independent Environmental Impact Audit.



Close-Out Date


Compliance status


An Environmental Impact Audit Report shall be submitted to the Director General, the DECC and other relevant government authorities within 6 months of the completion of the Audit, unless otherwise agreed by the Director General. The Proponent shall comply with all reasonable requirements of the Director General, DECC and other relevant government authorities with respect to any reasonable measure arising from the report, including the recommendations.

The Report shall be made publicly available.

Staging 18 The Proponent shall prepare an updated construction program and staging report for the Stage 2

works as identified in Modification of the Ballina Bypass Environmental Assessment (August 2008). The report shall be provided to the Director-General for information prior to Stage 2 construction work commencing.

RMS Construction Sep-13 Closed Compliant Staging report approved September 2013.

18A If construction of any part of the project has not commenced by 2016, environmental impact assessment for those project elements shall be updated to the satisfaction of the Director-General prior to construction commencement. This assessment shall address all relevant issues identified in the REA and shall take into account any changes to land uses and surrounding environments as applicable at the time. The updated assessment shall be based on relevant environmental standards and criteria applicable at that time.

RMS Construction Dec-14 Ongoing Compliant Noted

Economic Impacts 19 At least six months prior to opening the section of the project between the Cumbalum Interchange

and the Teven Road intersection to traffic, the Proponent shall develop appropriate signage and ‘gateway’ treatments in consultation with Ballina Shire Council and the Community Liaison Group. The signage policy shall be developed in accordance with the RMS’s standard signposting policy, indicating the range of services in town and that the route through town may be taken as an alternative route to the bypass.

RMS complete Dec-11 Closed Compliant Completed as part of Stage 1 BBA works

Property and Land Use Pre-Construction 20

(a)

(b)

(c)

(d)

within 150 metres of excavation works or six times the maximum depth of the excavation (whichever is greatest); or

within 20 metres of filling works or three times the height of a fill embankment (whichever is greatest); or 200 metres of blasting activities and/or other construction activities resulting in vibration impacts; or identified as potentially affected in the report required under Condition 26.

Building condition surveys shall be undertaken at least 30 days before construction occurs within the distance limits described in this condition. The building condition surveys need not be conducted if the report required under Condition 26 concludes that a building or structure is very unlikely to be affected.

Note: Structure is defined as any fixed artificial object that might reasonably be expected to be able to be damaged by the works (e.g. dams, cable support structures, farm buildings, residences, etc.)

Subject to landowner agreement, building condition surveys shall be conducted on all buildings and structures:


Jan-14 Closed Compliant Pre-construction surveys completed in Jan 2014 on buildings and structures

21 The owners of all properties to be surveyed, as identified in Condition 20 are to be advised at least 14 days prior to the commencement of surveys of the scope and methodology of the survey and the process for making a property damage claim. A copy of the survey shall be given to each affected owner at least three weeks prior to the commencement of construction in the section of road affecting the property. A register of all properties surveyed and considered for survey shall be maintained by the Proponent and provided to the Director-General upon request.


Jan-14 Closed Compliant Owners notified, copies of surveys provided

22 The Proponent shall consult on a regular basis with all directly affected landowners regarding any practical and cost-effective measures to minimise impacts. Agreed measures shall be implemented according to a program agreed between the relevant landowner and the Proponent.

LCPL Construction Ongoing Compliant Consultation undertaken in accordance with the Community Engagement Strategy

Management 23 The Proponent shall ensure that access to properties fronting the project and the service road are

maintained throughout the construction period. The Proponent shall ensure that any access-way affected by the project is reinstated to an equivalent standard or that adequate compensation is negotiated with the relevant landowner(s).

LCPL Construction Ongoing Compliant Property adjustment plans, which include access arrangements, have been prepared and agreed with landowners. Access to all properties is being maintained during construction.

24 Any damage to buildings, structures, lawns, sheds, gardens, fencing, etc. as a result of any project construction or operation activities direct or indirect (i.e. including vibration and groundwater changes) shall be rectified at no cost to the owner(s).

LCPL Construction Ongoing Compliant No property damage has occurred during the reporting period. A complaint has been received about damage to a building due to subsidence potentially caused by the project. Investigation of this issue is ongoing and it is intended that it will be addressed via the end of project dilapidation report process.



Close-Out Date


Compliance status


25 Where a licensed bore, dam or other property water supply is affected by the project the Proponent shall reinstate water supplies of equivalent quality and quantity to affected landowners. Alternatively the Proponent may negotiate appropriate compensation for the loss of a water supply with the landowner.

LCPL Construction Ongoing Compliant Noted, no impact during the reporting period

Geology, Groundwater and Settlement Pre-Construction 26

(a)

(b)

(c)

(d)

analyses the staging of the project based on the geological and hydrogeological conditions;

identifies all buildings and structures that may be affected by the project, including those within the limits contained in Condition 20; and, identifies monitoring requirements for the design, construction and operation of the project.

A detailed model of geological and hydrogeological conditions along the route shall be prepared prior to the commencement of construction, including locating and mapping the basalt/argillite interface. The model shall be used to predict ground movement (horizontal and vertical) caused by construction of the road including movement caused by excavation, the construction of embankments and groundwater changes. The model and analysis shall be prepared in consultation with the DWE.

Following completion of these studies the Proponent shall prepare a report for the information of the Director-General that:

provides the methodology and results of the geological and hydrogeological investigations;

This report shall be certified by geotechnical and construction engineering experts with appropriate registration on the National Professional Engineers Register prior to submission.

RMS Pre-construction Closed Compliant A hydrogeological report was completed and submitted to DoPI as part of Stage 1 BBA works and this report covered the P2T area.

Construction 27

(a)

(b)

(c) (d)

Note: References to settlement and instability relate only to off-site effects.

A detailed Groundwater and Settlement Management Sub Plan shall be prepared as part of the Construction EMP in consultation with the DECC and DWE. The Sub Plan shall include:

identification of impacts on buildings and structures from potential settlement in accordance with Condition 26;

identification of licensed bores, dams or other property water supplies affected by the project;

groundwater inflow control, handling, treatment, and disposal methods; a detailed monitoring plan for groundwaters, settlement and instability. The plan shall identify monitoring methods, instrument types and locations, monitoring frequency, monitoring duration and analysis requirements.


Ongoing Compliant Minor amendments have been made to the BBA GSM sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013) - The amendments included the identificaiton of impacts to buildings and structures in accordance with MCoA 26; - No licenced bores, dams or other property water supplies will be affected by the P2T project - management and monitoirng of groundwater from project disturbance is addressed in the plan

27A The Sub Plan should detail how a) to d) above have been considered in relation to the Ross Lane earthworks site. In addition how extraction activities at the site, would be managed to minimise impacts to groundwater resources. This shall include but not be limited to procedures to be implemented in the case that groundwater is intercepted, and measures for minimising, mitigating and or offsetting impacts to groundwater users, groundwater quality and groundwater dependent species.

LCPL Construction Feb-09 Closed Compliant Completed as part of Stage 1 BBA works

Operation 28

(a)

(b)

(c) (d)

groundwater inflow control, handling, treatment, and disposal methods;

identification of impacts on buildings and structures from potential settlement in accordance with Condition 26;

identification of licensed bores, dams or other property water supplies affected by the project;

a detailed monitoring plan for groundwaters, settlement and instability. The plan shall identify monitoring methods, instrument types and locations, monitoring frequency, monitoring duration and analysis requirements.

Note: References to settlement and instability relate only to off-site effects.

A detailed Groundwater and Settlement Management Sub Plan shall be prepared as part of the Operation EMP in consultation with the DECC and DWE and to the satisfaction of the Director-General. The Sub Plan shall include:

RMS Operation Closed Compliant Completed as part of OEMP (refer to condition 16)

Settlement Criteria 29 Should the Report required by Condition 26 indicate that exceedances of the criteria in Table 1 are

likely at buildings, structures or other facilities mitigation measures shall be implemented in consultation with the relevant land and/or infrastructure owners. The mitigation measures shall be agreed, and where necessary implemented, prior to the commencement of construction.

Table 1 - Settlement Criteria for Specific Structures


Ongoing Compliant The report prepared for Condition 26 does not indicate or identify any exceedance of criteria



Close-Out Date


Compliance status


Note: Existing is defined as existing at the date of this Approval. Total maximum settlement and angular distortion is the total cumulative settlement and angular distortion from all influences.

Beneath Structure/Facility Total Maximum Settlement Total Maximum Distortion Existing Buildings and Structures As described in AS 2870 - 1996 Existing Roads 40mm

1 in 250

Existing Parks 50mm 1 in 250 Existing Utilities including sewerage, To be determined by the To be determined by the gas, electricity and telecommunication relevant utility provider relevant utility provider services

If monitoring during construction indicates off-site movement in excess of that predicted then all work affecting ground settlement shall cease immediately. Work shall not resume until the reasons for the excessive settlement are determined and mitigation measures identified, evaluated and implemented.

The above criteria shall not remove any responsibility of the Proponent for the protection of existing structures or for rectifying any damages even if settlement is contained within the above criteria.

Traffic and Access 30

All sections of State Highway that are transferred to Ballina Shire Council as service roads shall be brought to standards as negotiated with Ballina Shire Council. The Proponent shall negotiate with Ballina Shire Council regarding contributions to costs for maintenance.

Note: Nothing in this Condition shall be taken as restricting the proponent from negotiating an alternative payment for damage to local roads with Ballina Shire Council, subject to the agreement of Ballina Shire Council.

A road dilapidation report shall be prepared for all non-arterial roads likely to be used by construction traffic prior to commencement of construction and after construction is complete. A copy of the report shall be provided to Ballina Shire Council. Any damage resulting from the construction of the project, aside from that resulting from normal wear and tear, shall be repaired at the cost of the Proponent.

LCPL Pre-construction and Operation

Ongoing Compliant Road dilapidation surveys were conducted on 6 November 2013. The report has been provided to Ballina Shire Council. There has not been any damage to roads that requires repair.

31

(a)

(b) (c)

(d)

(e)

(f)

(g) (h)

(i)

(j)

A detailed Construction Traffic Management Sub Plan shall be prepared as part of the Construction EMP in consultation with Ballina Shire Council. The Sub Plan shall include, but not be limited to:

an analysis of the need to construct the grade separated Cumbalum interchange at the earliest opportunity possible;

truck ingress and egress routes, entry and exit locations and the nature of loads;

strategies to minimise construction heavy vehicles travelling through Ballina;

access to construction sites;

the timing and duration of the use of these roads; impacts on existing traffic (including pedestrians, vehicles, cyclists and disabled persons) including the staging of construction works to minimise lane closures during peak periods and delay to traffic;

This Sub Plan shall be fully integrated with the Spoil and Fill Management Sub Plan required under

a response plan which sets out the proposed response to any traffic, construction or other incident; and,

appropriate review and amendment mechanisms.

identification of all public roads to be used by construction traffic, in particular for the transport of earthworks and pavement materials;

temporary and interim traffic arrangements including intersection and property access;


Ongoing Compliant Minor amendments have been made to the BBA TM sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

The TMP is integrated with the Spoil annd Fill management sub plan.

32 The Proponent shall monitor the use of local roads by construction heavy vehicle traffic in consultation with Ballina Shire Council to develop measures to minimise and/or restrict use of local roads by heavy vehicle traffic as far as reasonable and practicable.

LCPL Construction Ongoing Compliant Vehicle movement plans have been developed for construction traffic movements and designed to minimise the impact on local roads, particularly by the use of heavy vehicle traffic. Ballina Shire Council has been consulted regarding the location and operation of construction access points on the local road network.

Flora and Fauna Construction 33

(a)

(b)

(c)

(d) strategies for minimising vegetation clearance within the worksite where possible and complete protection of vegetated areas outside the worksite area;

As part of the Construction EMP, the Proponent shall prepare a detailed Flora and Fauna Management Sub Plan in consultation with the DECC, Ballina Shire Council, DWE and DPI(AHPU). The Sub Plan shall manage all the impacts on flora and fauna in the vicinity of the project and shall include:

the characteristics and location of the terrestrial and aquatic flora and fauna communities in the vicinity of the project;

procedures for the clearance of vegetation and soil for construction including identification of requirements for seed collection; detailed plans and maps of the construction footprint, areas to be cleared, timing of clearing, important habitat areas, threatened species locations, and vegetation type and location;


Ongoing Compliant Minor amendments have been made to the BBA Flora and Fauna sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

The Environmental Impact Statement and Representations Report mitigation measures and how they will be implemented are included in the Sub-plan.



Close-Out Date


Compliance status


(e) (f)

(g) (h)

(i)

(j) (k) (l)

The Flora and Fauna Management Sub Plan shall clearly show how the mitigation measures identified in Section 6.6.5 of EIS and the Representations Report will be implemented during construction and operation.

Noxious Weed Management Action Plan including but not limited to: scope of works, minimising physical disturbance, revegetating cleared areas with local native plant species and regular removal of weeds and application of herbicide to newly establishing weed species. This plan shall address weed management for both terrestrial and aquatic flora;

replanting and rehabilitation of indigenous species, including trees suitable as a food resource for threatened species, preferably using materials that have been obtained from the site;

a program for the active management and maintenance of all preserved, planted and a program for reporting on the effectiveness of terrestrial and aquatic flora and fauna

measures to use any surplus vegetation shall be identified including donation to community groups and distribution to the local community;

strategies for transplanting individuals or populations of any threatened plant species affected

derivation of rehabilitation materials;

reuse of topsoil and cleared vegetation including weed eradication;

33A The Sub Plan shall clearly detail how the mitigation measures identified in Section 4.5.6 of the Modification of the Ballina Bypass Environmental Assessment (August 2008) will be implemented during construction of the modified project.

LCPL Construction Ongoing Compliant The requirements of MOD 2 are included in the P2T Flora and Fauna Mgt Plan

34 All locations of the threatened species Macadamia tetraphylla and Tinospora tinosporoides that occur adjacent to the project footprint shall be fenced and protected from the direct and, as far as practicable, indirect impacts of the project. Protection from indirect impacts shall include as a minimum the erection of appropriate sedimentation and erosion controls prior to construction and educating construction contractors of the environmental significance of these areas.

RMS Construction Closed Compliant These species were not identified within the P2T project site through ecological assessments undertaken prior to or during construction.

35 If, during the course of construction, the Proponent becomes aware of the presence of any threatened species not identified and assessed in the REA and which are likely to be significantly affected, the Proponent shall immediately advise the Director-General of the DECC and/or DPI (AHPU). No activity which places any of these species at risk shall be undertaken until advice has been received from the DECC and/or DPI (AHPU). All recommendations by the DECC and DPI (AHPU) shall be complied with prior to any works likely to affect any threatened species.

LCPL Construction Ongoing Compliant Noted, the unexpected finds procedure will be implented if a threatened species is identified. No threatened species identified during the reporting period.

36 The Proponent shall prepare a Bush Regeneration Plan in consultation with DECC and DWE This plan shall identify disjunct parcels of land, consistent with the EIS and Representations Report, suitable for regeneration and potential connection with existing remnants with the objective of reducing exposure to edge effects, increasing connectivity between remnants and creating wildlife corridors. The Plan shall also include the areas of Closed Forest/Rainforest Communities. Ongoing management of these remnants shall also be addressed.

RMS Construction Ongoing Compliant Completed and closed out during Stage 1 BBA works.

37 Where possible, seed of locally endemic species shall be collected prior to the commencement of construction to provide seed stock for revegetation purposes to the satisfaction of a qualified bushland regeneration officer acceptable to the DECC. Topsoil and mulch shall be stripped and stored for placement back in the vegetation zone from where it was removed.

LCPL Pre-construction Ongoing Compliant Revegetation of the P2T project site will be undertaken using seeds that are native to the region including from Bangalow, Nimbin, Grafton, Logan, Beenleigh, Gold Coast, Redland Bay, Yatala and the Brisbane area. It has not been possible to collect seed from the project site prior to clearing.

38 The Proponent shall provide compensatory habitat (or funding for such) to offset the loss of 1.3 hectares of mangroves at a ratio of 2:1 and to the satisfaction of DPI (AHPU).


Closed Compliant Compensatory habitat has been provided in accordance with the approved Integrated Wetland Management Sub Plan.

39 Weed infested topsoil as identified by a qualified bush regeneration officer acceptable to DECC shall not be used in the rehabilitation works unless it is to be sterilised or treated as specified by the bushland regeneration officer.

LCPL Construction Ongoing Compliant Noted, weed infested topsoil is being managed according to the requirements of the Flora and Fauna Sub plan; and Spoil and Fill Sub plan.

Wetlands Wetland Management Sub Plan 40

(a) (b) (c)

(d)

(e)

control of non-endemic plants in wetlands adjacent to the roadway; removal of rubbish from wetlands adjacent to the roadway;

potential for transplanting juvenile mangroves up to one metre in height from affected areas of Duck Creek and Emigrant Creek; and

measures for the rehabilitation of wetland areas disturbed during construction of the project that are not required for the operational project.

details of coastal wetland restoration and Compensatory Wetland Agreement;

The Proponent shall prepare an integrated Wetland Management Sub Plan in consultation with Ballina Shire Council, DPI (AHPU), DECC and DWE and incorporate this Sub Plan into the Construction EMP. The Plan shall incorporate the SEPP 14 Conditions of Consent and include:


Ongoing Compliant The Integrated Wetland Management Sub Plan for the entire project (including P2T) was developed, approved and implemented as part of the Stage 1 BBA works. No update is required for the P2T works.

40A Within 12 months of the date of approval of the design modifications (or such period as otherwise agreed by the director general), the Proponent shall submit an updated Wetlands Management Sub Plan to the Director General for approval. The Plan shall include details of coast wetland restoration and Compensatory Habitat Agreement for the additional 1ha of SEPP 14 wetlands that would be directly impacted under Stage 1 and Stage 2 modified design.

RMS Construction Mar-10 Closed Compliant The Integrated Wetland Management Sub Plan for the entire project (including P2T) was developed, approved and implemented as part of the Stage 1 BBA works. No update is required for the P2T works.



Close-Out Date


Compliance status


Noise and Vibration Background Noise Monitoring 41 The Proponent shall complete additional background noise monitoring in consultation with the DECC

to be used in the development of the Construction Noise and Vibration Monitoring Sub Plan required by Condition 42 and the Operational Noise Management Sub Plan required by Condition 56.

RMS Design Nov-13 Ongoing Compliant Complete - Operational Noise Assessment Pacific Highway Upgrade - Pimlico to Teven Road (Aecom December 2013)

Construction Noise and Vibration Management Sub Plan 42

(a)

(b) (c) (d)

(e)

(f)

identification of all potentially affected noise sensitive receivers; identification of appropriate construction noise objectives with regard to the requirements of Condition 44; identification of appropriate vibration objectives with regard to the requirements of Conditions 49 and 52; assessment of potential noise and vibration from the proposed construction methods including noise from construction vehicles and noise impacts from required traffic diversions;

A detailed Construction Noise and Vibration Management Sub Plan shall be prepared as part of the Construction EMP and in consultation with the DECC and where relevant, sufficient to address the technical requirements for obtaining DECC licences. The Sub Plan shall include, but not be limited to:

construction timetabling;

identification of each work area, site compound and construction depot and the specific activities which will be carried out that these locations;


Ongoing Compliant Minor amendments have been made to the BBA NVMP to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

(g) (h)

(i) (j) (k) (l)

(m)

noise and vibration monitoring, reporting and response procedures;

contingency plans to be implemented in the event of non-compliances and/or noise complaints; and, education of construction personnel about noise minimisation.

community consultation and complaints handling procedures;

detailed examination of all reasonable and feasible noise mitigation measures;

With respect to (g) above, the Proponent shall consider the use of a range of structural and non-structural measures during construction including barriers, acoustic treatment of residences, scheduling of construction activities to minimise impacts and temporary relocation of affected residents. The Proponent shall ensure that the mitigation measures referred to in Working Paper 3 of the EIS and in these Conditions are incorporated into the Sub Plan.

consideration of erecting operational stage noise mitigation measures prior to construction commencement;

details of all mitigation and management strategies to be implemented;

Construction Hours 43

(a)

(b)

(c)

(d)

Notwithstanding the above, construction activates are permitted between the hours of 7:00am and 4:00pm on Saturdays between chainage 130100-134810, including the operation of the Cumbalum and Rose Lane ancillary facilities. Works outside these hours that may be permitted include:

any other work as agreed through the Construction Noise and Vibration Management Sub Plan Process.

Local residents should be informed of the timing and duration of works covered under clause (d) at least 48 hours prior to commencement.

any works which do not cause noise emissions to be audible at any nearby residential property;

All construction activities, including entry and departure of heavy vehicles are restricted to the hours of 7:00 am to 6:00 pm (Monday to Friday); 8:00 am to 1:00 pm (Saturday) and at no time on Sundays and public holidays.

the delivery of materials which is required outside these hours as requested by Police or other authorities for safety reasons;

emergency work to avoid the loss of lives, property and/or to prevent environmental harm; and,

LCPL Construction Ongoing Compliant The standard construction hours are included in the Construction Noise and Vibration Management Plan. Site workers are made aware of these hours through the site induction and regular reminders including environmental work method statements and toolbox talks.

Works proposed outside the standard construction hours are assessed in accordance with MCoA 43 and the Out of Hours Work Procedure Flow Chart contained in Appendix I of the approved Construction Noise and Vibration Management Sub-plan. Audible out of hours works are approved by the EMR. LCPL notifies audible out of hours works to the EPA and potentially affected receivers in accordance with the flow chart.

Construction Noise Criteria 44

(a)

(b)

(c)

The Proponent shall manage noise from construction activities so as to not exceed the following objectives, unless otherwise specified in the Construction Noise and Vibration Management Sub

For a construction period greater than 26 weeks, the L10 level measured over a period of not less than 15 minutes when the construction site is in operation shall not exceed the background level by more than 5dB(A).

For a construction period of four weeks or less, the L10 level measured over a period of not less than 15 minutes when the construction site is in operation shall not exceed the background level by more than 20dB(A). For a construction period of greater than four weeks but less than 26 weeks, the L10 level measured over a period of not less than 15 minutes when the construction site is in operation shall not exceed the background level by more than 10dB(A).

LCPL Construction Ongoing Compliant The noise criteria contained in MCoA 44 are included in the Construction Noise and Vibration Management Sub-plan. The sub-plan includes an acoustic model of the construction works based on a schedule of works contained in Appendix C of the sub-plan. The results of the modelling are compared to the noise criteria in Section 5.1.6 of the sub-plan. The modelling shows that the construction works would generally comply with the noise criteria. Controls are presented in Appendix A of the sub-plan to mitigate these impacts.



Close-Out Date


Compliance status


The Proponent shall ensure that all feasible and reasonable noise mitigation and management measures are implemented with the aim to achieve the applicable construction noise objective. Any activities that may cause noise emissions that exceed the objective shall be identified and managed in accordance with the Construction Noise and Vibration Management Sub Plan required by Condition 42.

Construction Noise Management 45 Construction noise levels shall be monitored to verify compliance with the Construction Noise and

Vibration Management Sub Plan. Should monitoring indicate exceedances of construction noise goals, the Proponent shall consult with the DECC and implement all reasonable and feasible mitigation measures to the satisfaction of the DECC.

LCPL Construction Ongoing Compliant Noted, noise levels are compliant for the reporting period. Monitoring performed on a monthly basis or as activities change

45A

Where exceedences of the levels specified in Table 1 of the Environmental Assessment (for the modification of Ross Lane) are identified, the Proponent shall identify and assess the activities resulting in the noise exceedances and any additional mitigation measures to be implemented with the objective of meeting the criteria identified in Table 1 of the Environmental Assessment (for the modification of Ross Lane), when these measures would be implemented and how their effectiveness would be measured and reported to the Director-General and the DECC.

Within one month of the commencement of extraction at the Ross Lane Earthworks, the Proponent shall monitor noise levels generated by extraction activities at the sites, consistent with the NSW Industrial Noise Policy (DECC, 2000), at sensitive receivers identified in Table 1 of the Environmental Assessment (for the modification of Ross Lane).

RMS N/a Closed Compliant All works in the vicinity of Ross Lane were completed as part of the Stage 1 BBA works.

46 (a) (b)

(c) (d)

the offset distance between noisy plant items and sensitive receivers is maximised; the co-incidence of noisy plant working simultaneously, close together and close to sensitive receivers is minimised; bored piles are used in place of driven piles in close proximity to residences; and loading and unloading is carried out away from noise sensitive areas.

The Proponent shall ensure that wherever practicable: LCPL Construction Ongoing Compliant Appendix A of the Construction Noise and Vibration Management Sub-plan includes the controls contained in MCoA 46

47

(a) (b)

9 am to 3 pm, Monday to Friday; and,

The Proponent shall ensure that sheet piling and any other activities which result in impulsive or tonal noise generation close to residences and other sensitive receptors are only scheduled between the following hours unless otherwise specified in the Construction Noise and Vibration Management Sub Plan:

9 am to 12 pm, Saturday Where activities are undertaken for a continuous three hour period and are audible to noise sensitive receptors, a minimum respite period of at least one hour shall be scheduled before activities recommence.

LCPL Construction Ongoing Compliant The requirements of MCoA 47 have been included in Section 5.1.5. of the Construction Noise and Vibration Management Plan. Approval obtained in April 2014 to extend working hours on two Saturdays per month to allow works (including impact piling) to continue to 5pm. Agreement from all sensitive receivers and approval from the EMR have been obtained. The receivers receive regular updates from the Project Manager regarding the program of works and the likely impacts. The one hour respite period is adhered to during sheet piling and works that result in impulsive or tonal noise.

Blasting 48 Blasting shall only be undertaken between the hours of 9:00 am and 3:00 pm, Monday to Friday, and

9:00 am to 12:00 pm on Saturday. RMS Construction Closed Compliant Not applicable to P2T works because no blasting is being undertaken as part of this stage of the

project

49 The vibration level due to blasting activities shall meet the requirements of the EPA as specified in its Licence.

In general the Guideline entitled “Technical Basis for Guidelines to Minimise Annoyance due to Blasting Overpressure and Ground Vibration” prepared by the Australian and New Zealand Environment and Conservation Council (ANZECC) shall be applicable.

RMS Construction Closed Compliant Not applicable to P2T works because no blasting is being undertaken as part of this stage of the project

50 For any section of the project where blasting is proposed, the Proponent shall undertake a series of initial trials at reduced scale prior to commencement of the proposed blasting to determine site-specific blast response characteristics and to define allowable blast sizes to meet the criteria specified in the Construction Noise and Vibration Sub Plan.

RMS Construction Closed Compliant Not applicable to P2T works because no blasting is being undertaken as part of this stage of the project

50A

Table 2 - Peak Particle Velocity Criteria

Airblast Overpressure Allowable Exceedance (dB(Lin Peak))

115

5% of total number of blasts over a 12 month period

120

Never

Table 1 - Airblast Overpressure Criteria

For the Ross Lane Earthworks Site the proponent blasting shall be limited to comply with the criteria outlined in Table 1 and Table 2 below, when measured at the most affected sensitive receiver (subject to the provisions of Condition 45A).

RMS Construction Aug-10 Closed Compliant Not applicable to P2T works because no blasting is being undertaken as part of this stage of the project



Close-Out Date


Compliance status


Peak Particle Velocity Allowable Exceedance (mms-1)

5

5% of total number of blasts over a 12 month period

0

Never

51 The Proponent shall make all reasonable attempts to advise occupants of residences within 500 metres of a blast of the blasting. The advice shall be provided at least 48 hours in advance and include a schedule of blast time(s) and a telephone contact name and number should the resident have concerns.

RMS Construction Aug-10 Closed Compliant Not applicable to P2T works because no blasting is being undertaken as part of this stage of the project

Construction Vibration 52

(a) (b)

For structural damage vibration - German Standard DIN 4150 and BS 7385: Part 2 – 1993; and, Vibration resulting from construction of the project shall be limited to:

For human exposure to vibration - the evaluation criteria presented in British Standard BS6472 for low probability of adverse comment,

unless otherwise agreed by the DECC through the Construction Noise and Vibration Management Sub Plan.

LCPL Construction Ongoing Compliant The requirements of MCoA 52 are incorporated into the Noise and Vibration Management Sub-plan. Building condition surveys complete

53 Vibration levels shall be monitored to verify compliance with the limits specified in Conditions 52 and 49. Monitoring shall occur at representative properties within a minimum of 500 metres of blasting works. Should monitoring indicate exceedances, the Proponent shall consult with the DECC and implement best available mitigation measures to the satisfaction of the DECC.

LCPL Construction Ongoing Compliant No blasting is occuring on the project.

54 Vibratory compacters and rock breakers shall not be used within 50m of residential buildings, unless the requirements of Condition 52 are satisfied.

LCPL Construction Ongoing Compliant Noted. No works within 50m of a residential building during the reporting period

Operational Noise Management Sub Plan 55

(a) (b)

(c) (d)

(e) (f) noise monitoring, reporting and response procedures including monitoring on surrounding roads

which experience significantly increased traffic volumes as a result of the project.

clearly identify appropriate operational noise criteria; predictions of noise levels at all affected residential, recreational, commercial and industrial land uses; specific reasonable and feasible physical and managerial measures for controlling noise; the location, type and timing of erection of permanent noise barriers and/or other noise mitigation measures demonstrating best practice; the urban design issues relating to noise control measures; and,

A detailed Operational Noise Management Sub Plan shall be prepared as part of the Operational EMP, to the satisfaction of the Director-General. The Sub Plan shall provide details of noise control measures to be undertaken during the operation stage and in accordance with the NSW Government's Environmental Criteria for Road Traffic Noise and the RMS’s Environmental Noise Management Manual. The Sub Plan shall include, but not be limited to:

RMS Operation Ongoing Compliant P2T is captured under the Ballina Bypass OEMP.

The operational noise report will be a standalone document for P2T.

Operational Noise Management 56 Monitoring of road traffic noise shall be undertaken as stated in the Operational Noise Management

Sub Plan and in accordance with the NSW Government Guideline Environmental Criteria for Road Traffic Noise. The Proponent shall review the monitoring results and assess the adequacy of the traffic noise mitigation measures in accordance with the ‘Post Construction Noise Monitoring Practice Note viii” contained in the RMS’s Noise Management Manual.

RMS Operation Ongoing Compliant An operational noise assessment was completed in March 2014. The results of the noise modelling indicate that no additional noise mitigation measures were required in accordance with ENMM as the road traffic noise levels at the design years are lower than the Future Existing noise levels and are not acute.

Soil and Water Management Soil and Water Management Sub Plan(s) 57

(a)

(b)

(c)

(d)

(e)

details of short and long-term measures to be employed to minimise soil erosion and the discharge of sediment to land and/or waters including the exact locations and capacities of sedimentation basins; details of strategies to manage the stage construction of embankments including mitigation measures to be implemented, maintenance and responsibility;

management of the impacts of the development on creeks and water bodies, in particular Duck Creek, Emigrant Creek, Maguires Creek, Richmond River and SEPP 14 Wetlands No. 108, 108A and 95;

As part of the Construction and Operational EMPs, a detailed Soil and Water Management Sub Plan(s) shall be prepared in consultation with the DECC, DWE, DPI (AHPU), and Ballina Shire Council. The Sub Plan(s) shall be prepared in accordance with the Department of Housing’s guideline Managing Urban Stormwater - Soils and Construction and where appropriate, DWE's Constructed Wetlands Manual.

The Sub Plan(s) shall be prepared prior to construction or operation as appropriate.

management of the cumulative impacts of the development on the quality and quantity of surface and groundwaters, including stormwater in storage, sedimentation dams and flooding impacts;

preparation of a catchment analysis to determine the capacity of existing drainage systems and changes resulting from the construction of the project including detention requirements;

LCPL Pre-construction, Construction and

Operation

Ongoing Compliant Minor amendments have been made to the BBA Soil and Water sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013) The Soil and Water Management Sub-plan identifies how the mitigation measures prescribed in the Environmental Impact Statement and Representations Report were implemented.



Close-Out Date


Compliance status


(f)

(g)

(h)

(i)

The Soil and Water Management Sub Plan(s) shall clearly show how the mitigation measures identified in Section 6.4 of EIS and the Representations Report will be implemented during construction and operation.

a program for reporting on the effectiveness of the sediment and erosion control system against performance goals.

contingency plans to be implemented in the event of fuel spills or turbid water discharge from the site; and,

identification of all potential sources of water pollution and a detailed description of the remedial action to be taken or management systems to be implemented to minimise emissions of these pollutants from all sources within the project;

detailed description of water quality monitoring to be undertaken during the pre-construction, construction and operation stages of the project including identification of monitoring locations;

Erosion and Sediment Control Works 58 The Soil and Water Management Sub Plan(s) shall incorporate detailed erosion and sedimentation

controls including a strategy to manage the extent of exposed ground surface during construction and progressive site rehabilitation requirements (in accordance with Conditions 71 and 77). The Sub Plan shall be prepared in consultation with DWE, DECC and DPI (AHPU).

LCPL Construction Ongoing Compliant Minor amendments have been made to the BBA sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

Construction 59 The DWE, or other appropriately qualified soil conservationist, shall be consulted on a regular basis

to undertake inspections of temporary and permanent erosion and sedimentation control devices to ensure that the most appropriate controls are being implemented and that they are being maintained in an efficient condition at all times and meet the requirements of any relevant approval/licence condition(s).

The results of these inspections and any follow-up actions shall be reported in the six monthly Environmental Performance and Compliance Report required by Condition 15.

LCPL Construction Ongoing Compliant A Soil Conservationist has been engaged on a regular basis to undertake inspection / audits of sediment and erosion controls and provide technical advice. Soil Conservationist inspections have been undertaken on a fortnightly basis since the commencement of the project. In general, the site inspection reports have noted that the site is well controlled and the sediment and erosion controls are adequate. Some of the reports have included recommendations for additional controls or maintenance of existing controls. The implementation of these recommendations has been tracked via close-out site inspection reports.

60 All runoff collected during construction which is likely to be contaminated, shall be tested, treated, handled and disposed of in accordance with the provision of the Protection of the Environment Operations Act 1997 and the conditions of any Licence issued by the DECC.

LCPL Construction Ongoing Compliant Addressed in the effective implementation of the Soil and Water Sub-plan i.e. progressive erosion and sediment control plans, inspection/ monitoring and checking of erosion and sediment controls, implementation of Discharge Permit.

61 All runoff from disturbed areas shall be contained by appropriate erosion and sedimentation controls designed in accordance with the Department of Housing’s guideline Managing Urban Stormwater -Soils and Construction .

LCPL Construction Ongoing Compliant Runoff from disturbed areas will be contained on-site through implementation and maintenance of the erosion and sediment controls identified in the Soil and Water Management Sub-plan. ESCP are reviewed and approved by the Project Soil Con Sediment basin and leachate ponds established and managed in accordance with EPL requirements and "Managing Urban Stormwater - Soils and Construction"

Operation Stage Control Measures 62 All stormwater drainage, erosion, sedimentation and water pollution control systems and facilities of

the project shall be located, designed, constructed, operated and maintained to meet the requirements of the relevant authorities including the DECC, DPI (AHPU), Ballina Shire Council and the DWE. All facilities including wetland filters, grass filter strips, gross pollutant traps and sedimentation basins shall be inspected regularly and maintained in a functional condition for the life of the project. Construction stage water quality structures shall be maintained for a minimum of six months after commissioning of the project or until revegetation has provided groundcover to at least 70% of the exposed ground surface.

RMS Operation Ongoing Compliant Construction stage water quality structures will be maintained for a minimum of six months after commissioning of the project or until revegetation has provided groundcover to at least 70% of the exposed ground surface

63 The Proponent shall provide appropriate detention systems for containment of spills and materials arising from accidents that are consistent with the RMS’s “Code of Practice for Water Management – Road Development and Management” in consultation with the DECC.

RMS Operation Ongoing Compliant Incorporated into the design.

Hydrology and Flooding Inundation Levels 64

(a)

(b)

a maximum increase in inundation levels upstream of the project of 50 mm in a 1 in 100 year ARI rainfall event; and,

The project shall be designed to "not worsen" the existing flooding characteristics in any waterway upstream or downstream of the project elements. 'Not worsen" shall be defined as:

a maximum increase in inundation time of one hour for any rainfall event.

RMS Design Closed Compliant BBA flood model was updated to include the P2T design which confirmed the project meets this condition.

65 The Proponent shall endeavour to resolve amicably any dispute between itself and any landowner about alterations to flooding characteristics caused by the project. If the parties cannot reach a mutually satisfactory resolution, the matter shall be referred firstly to the hydrologist referred to in Condition 66 for resolution. If the hydrologist cannot resolve the issue then the dispute resolution requirements of Condition 7 shall apply.

LCPL & RMS Construction Ongoing Compliant All complaints and disputes will be managed in accordance with the Community Engagement Strategy. No complaints or disputes were raised relating to this condition during the reporting period.

Hydrological Specialist Print date: 10:37 AM, 7/12/2015 Filename: P2T MCOA compliance register_Jun15_Dec15_ver1.xlsx Page 15 of 19


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66 The Proponent shall provide appropriate funding for the DWE to engage a qualified hydrologist(s) to ensure that each landowner affected by the project has appropriate technical resources to understand hydrologic issues and to receive advice concerning the provision of appropriate flood/drainage facilities consistent if not better than would exist without the project. The RMS shall notify all affected landowners of the availability of the hydrologist(s) as soon as practicable and prior to commencement of substantial construction activities likely to affect flood/drainage patterns.

RMS Construction Ongoing Compliant Final hydrological mapping has been completed and the potentially impacted residents were informed in September 2014 that hydrological advice is available. A memorandum of understanding has been established between Roads and Maritime and WMA Water to provide hydrological information services should they be required.

Bridge and Culvert Design 67 The Proponent shall consult the DECC and DPI (AHPU) in relation to the design and timing of bridge

and culvert construction. In undertaking bridge design and construction, the Proponent shall ensure that: no culverts are used to cross creeks and rivers; no earthen platforms for driving piles are constructed; and all embankments are located away from the edge of waterways unless otherwise agreed by DPI (AHPU). The Proponent shall also investigate in consultation with DECC designing bridge structures that are suitable for fauna use. This may require incorporating features such as locating bridge abutments a sufficient distance from the edge of creek or river bank to allow for fauna movement and measures to ensure that adequate light and moisture is maintained underneath bridges to facilitate native vegetation growth.

In undertaking culvert design and construction, the Proponent shall ensure that there is no drop or ‘waterfall’ effect at the end of the structure, water levels above and below the crossing are the same and the base of the culvert is set into (rather than on) the floodplain so that natural sediments cover the bottom, providing a less alien habitat for fish passage.

LCPL Construction Ongoing Compliant The proposed construction method for the bridges and culverts is discussed at the Environmental Review Group meetings and any comments addressed prior to constuction commencing. The comments are incorporated in the Environmental Work Method Statements to ensure implementation on site.

Acid Sulfate Soils Management 68 A detailed Acid Sulfate Soil Management Sub Plan shall be prepared in consultation with DECC, DPI

(AHPU) and DWE prior to any construction activity in potentially affected areas. The Sub Plan shall include reference to the water quality monitoring program contained in the Soil and Water Quality Management Sub Plan. The Sub Plan shall be prepared in accordance with the Acid Sulfate Soils Manual (ASSMC, 1998). As part of the Sub Plan, a Contingency Plan to deal with the unexpected discovery of actual or potential acid sulfate soils shall be prepared to the satisfaction of the DWE and in consultation with the DECC.

LCPL Construction Ongoing Compliant Minor amendments have been made to the BBA Acid Sulfate Soil Sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013) An acid sulfate treatment area has been constructed on site to manage and treat impacted soil. The project Soil Con has reviewed and approved the ESCP for this area and the leachate pond has been included on the EPL to allow discharge of leachate water once it satisfies the EPL criteria.

Spoil and Fill Management 69

(a) (b) (c) (d)

(e)

how spoil and fill material will be sought, handled, stockpiled, reused and disposed;

(e) a contingency plan to be implemented in the case of unanticipated discovery of contaminated material during construction.

details of the volumes of fill required in relation to staging of the project;

The Proponent shall prepare a Spoil and Fill Management Sub Plan and incorporate this Sub Plan into the Construction EMP. This Sub Plan shall include:

The Spoil and Fill Management Sub Plan shall be fully integrated with the Construction Stage Traffic Management Sub Plan required by Condition 31, the Construction Soil and Water Management Sub Plan required by Condition 57, the Construction Air Quality Sub Plan required by Condition 77, the Construction Noise and Vibration Management Sub Plan required by Condition 42 and the Waste Management and Reuse Sub Plan required by Condition 80.

details of disposal sites and the volumes of spoil to be transported to each site; (d) details of the any contaminated soil and appropriate management and monitoring measures for potential contaminants; and,

LCPL Construction Ongoing Compliant

The Spoil and Fill Management Sub-plan and other management sub-plans cross reference each other as required.

Minor amendments have been made to the BBA Spoil and Fill sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

70 All material excavated from the works shall be reused or recycled where suitable and cost effective to do so. The Proponent shall ensure that of the reuse of suitable material generated from construction activities is maximised in preference to importing fill.

LCPL Construction Ongoing Compliant There are ongoing efforts to reuse and recycle material excavated from the site and generated from construction activities. Examples include reuse of crushed concrete in road base material and matching excavated material to appropriate end uses.

Landscaping and Rehabilitation 71

(a) (b) (c)

(d)

(e) (f)

(g)

(h) (i)

design of bridges;

methodology of landscaping works;

location of mounds, bunds, structures or other proposed treatments, finishes of exposed surfaces (including paved areas), measures to preserve bio-diversity, colours and specifications, staging of works, methodology of landscaping;

As part of the Construction and Operational EMPs, the Proponent shall prepare a detailed Landscaping and Rehabilitation Sub Plan in consultation with Ballina Shire Council, all affected landowners and the Community Liaison Group. The Sub Plan shall include, but not be limited to the following:

progressive landscape strategies incorporating other environmental controls such as erosion and sedimentation controls, dust mitigation, drainage, noise mitigation;

decommissioning of all construction structure not that are not part of the operational project;

lighting; and,

sections and perspective sketches;

monitoring and maintenance procedures.

location and identification of existing and proposed vegetation including use of indigenous species;

LCPL & RMS Construction and Operation

Ongoing Compliant Ballina Shire Council were consulted during the broader BBA landscape design phase. The current landscape design continues the design themes and Ballina Shire Council will continue to be consulted throughout the project. Further modification of the landscaping design is ongoing.



Close-Out Date


Compliance status


The Proponent shall also include landscape strategies incorporating other environmental controls such as erosion and sedimentation controls, noise mitigation measures, drainage structures and lighting.

71A The Landscaping and Rehabilitation plan shall incorporate rehabilitation of the Ross Lane earthworks site. This shall include but not be limited to the construction of a mound on the western boundary of the works, stabilisation of the landform, sediment and erosion control and revegetation.

RMS Construction Closed Compliant All works in the vicinity of Ross Lane were completed as part of the Stage 1 BBA works.

72 All landscaping works shall be monitored and maintained by a suitably qualified landscape specialist at the Proponent’s expense for a period of not less than three years following completion of the relevant road stage when landscaping is undertaken. The Proponent shall implement any required remediative measures to maintain landscaping works to a high standard. Any landscaping within the road reserve shall be maintained by the Proponent for the life of the project.

LCPL & RMS Construction and Operation

Ongoing Compliant A suitably qualified landscape specialist will undertake the monitoring and maintenance for a period of at least three years (LCPL 1st year; RMS 2nd and 3rd years) following the completion of the relevant road stage when landscaping is undertaken. RMS understand the requirement that all landscaping and maintenance within the road reserved shall be undertaken throughout operation.

Heritage Test Excavation Works 73 The Proponent shall undertake a subsurface testing program on PADs 1, 2 and 3 in consultation with

the Jali Local Aboriginal Land Council, and DECC, prior to the commencement of construction. The Proponent shall ensure that these works are carried out in accordance with a valid permit obtained under Section 87 of the National Parks and Wildlife Act 1974 .

RMS Pre-construction Closed Compliant PADs 1, 2 and 3 were located within the Stage 1 BBA works.

Indigenous Heritage Management Sub Plan 74

(a) (b) (c)

(d)

(e)

The Proponent shall prepare an Indigenous Heritage Management Sub Plan, in consultation with the Jali Local Aboriginal Land Council and DECC as part of the Construction EMP. This Sub Plan shall include:

details of the archaeological investigations to be undertaken;

an education program for all personal on obligations with regard to Aboriginal cultural materials; and, management/salvage measures for all identified features.

details of any licences and approvals required, detailed plans to be implemented if previously unidentified items/areas are located during construction;

LCPL Construction Dec-14 Ongoing Compliant Minor amendments to the BBA Indigenous Heritage Management Sub Plan were made in November 2013 and endorsed by the EMR.

No known indigenous artefacts are located within the P2T project site. The unexpected finds procedure will be implemented in the event of a suspected find. There have been no unexpected finds.

Non-Indigenous Heritage Survey 75 The Proponent shall prepare a Report on the European Heritage Survey of the Historic House at

Cumbalum (the Campbell Property) and the remains of the Ballina to Booyong Rail Line in consultation with Ballina Shire Council prior to the commencement of construction. The Report shall include a photographic record in colour, monochrome print and colour transparency prepared in accordance with the guidelines by the Department and the Heritage Office entitled How to Prepare Archival Records of Heritage Items and Photographic Records of Heritage Sites, Buildings and Structures. Copies of the Report shall be forwarded to Ballina Shire Council and local libraries.

RMS Pre-construction Closed Compliant Completed as part of the Stage 1 BBA works

Unexpected Items 76 If during the course of construction the Proponent becomes aware of any heritage items or

archaeological material, all work likely to affect the site(s) shall cease immediately and the relevant authorities, including DECC, NSW Heritage Council and the relevant Local Aboriginal Land Council shall be consulted to determine an appropriate course of action prior to the recommencement of work at that site. Appropriate supporting documentation would need to accompany any application for required permit/consent(s).

LCPL Construction Ongoing Compliant Noted, unexpected finds procedure will be implemented if the P2T project becomes aware of any heritage/archaeological material. No items observed during the reporting period.

76A

(i)

(ii) (ii) provide the Department of Planning with the process to be implemented if previously unidentified heritage items are located during construction (outside of the area identified in Condition 76A i) above).

Prior to the commencement of any construction for the Ross Lane Earthworks the Proponent shall:

identify the area containing the potential hut site (as identified in Appendix 1) and exclude from any construction impacts until the completion of any required archaeological excavations; and

RMS Pre-construction (Ross Lane borrow

site)

Closed Compliant All works in the vicinity of Ross Lane were completed as part of the Stage 1 BBA works.

76B Prior to the commencement of any construction activities within the potential 'hut' site (identified in Condition 76A ii) the Proponent shall undertake an archaeological testing program of this area, and any salvage excavations, if required. The Proponent shall ensure that these works are carried out in accordance with a valid approval obtained under the Heritage Act 1977 .

RMS Pre-construction Closed Compliant All works in the vicinity of Ross Lane were completed as part of the Stage 1 BBA works.

Air Quality Construction Air Quality Sub Plan



Close-Out Date


Compliance status


(a)

(b)

(c)

As part of the Construction EMP, a detailed Construction Air Quality Sub Plan shall be prepared in consultation with the DECC. The Sub Plan shall provide details of all dust control measures to be implemented during the construction stage, including, but not limited to:

LCPL

monitoring and maintenance requirements.

77

pro-active measures to reduce dust from stockpiles and cleared areas and other exposed surfaces;

progressive revegetation strategy for exposed surfaces in accordance with Conditions 58 and 71; and,

Construction Ongoing Compliant Minor amendments have been made to the BBA Air Quality sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013). Two dust gauges have been installed at representative locations and a control. No exceedances have been reported for the period.

78 LCPLWhere there is a risk of losing material, construction vehicles using public roads shall be maintained and covered to prevent any loss of load, whether in the form of dust, liquid or soils. Construction vehicles and construction roads shall be maintained in such a manner to minimise tracking of any track mud, dirt or other material onto any street which is opened and accessible to the public. In the event of any spillage, the Proponent is required to remove the spilt material within 24 hours.

Construction Ongoing Compliant Noted, loads are covered as required by this condition when leaving site

Hazards and Risk Management 79

(a) (b)

LCPL

details of the hazards and risks associated with the project; and,

As part of the Construction and Operational EMPs, the Proponent shall prepare and implement a Hazards and Risk Management Sub Plan. This Sub Plan shall include, but not be limited to the following:

pro-active and reactive mitigation measures including contingency plans to be implemented in the event of a pollution incident.

Construction and Operation

Ongoing Compliant Minor amendments have been made to the BBA Hazard and Risk Management sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

Waste Management and Recycling Waste Management and Recycling Sub Plan 80

(a) (b) (c) (d)

(e) (f) (g)

(h) (i)

disposal of wastes: specifically contaminated soil or water, concrete, demolition material, cleared vegetation, oils, grease, lubricants, sanitary wastes, timber, glass, metal, etc.;

implementation of energy conservation best practice; and,

reuse; and, recycling,

waste avoidance; reduction;

and details of requirements for: handling; stockpiling;

As part of the Construction and Operational EMPs as relevant, a detailed Waste Management and Reuse Sub Plan shall be prepared in consultation with the DECC. The Sub Plan shall address the management of wastes during the construction and operation stages respectively in accordance with Government’s Waste Reduction and Purchasing Policy. It shall be prepared prior to construction, and shall identify requirements for:

identifying any site for final disposal of any material and any remedial works required at the disposal site before accepting the material.

LCPL Construction and Operation

Ongoing Compliant Minor amendments have been made to the BBA Waste Management and Recycling sub plan to make it specific to P2T. The EMR has reviewed and approved the plan (ref: Nov 2013)

81 LCPLAny waste material that is unable to be reused, reprocessed or recycled shall be disposed at a landfill licensed by the DECC to receive that type of waste. The Waste Management and Reuse Sub Plan shall be framed using the waste minimisation hierarchy principles of avoid-reduce-reuse-recycle-dispose. This shall also include the demand for water.

Construction Ongoing Compliant The Waste Management and Reuse Sub-plan is structured using the waste minimisation hierarchy principle of ‘avoid-reduce-reuse-recycle-dispose’.

Utilities and Services 82 LCPL & RMS The Proponent shall identify the services potentially affected by construction activities to determine

requirements for diversion, protection and/or support. This shall be undertaken in consultation with the relevant service provider(s). Any alterations to utilities and services shall be carried out to the satisfaction of the relevant service provider(s), and unless otherwise agreed to, at no cost to the service/utility provider(s).

Pre-construction / Construction

Ongoing Compliant Some electrical and water supply services have been either permanently relocated or temporarily diverted to ensure they are not impacted by the construction activities.

83 LCPL & RMS The Proponent in consultation with utility authorities shall ensure that disruption to services resulting from the project are minimised and advised to customers.

Pre-construction / Construction

Ongoing Compliant There have been temporary disruptions to water supply services when work has been undertaken on the water mains that run through the project site. This work has been coordinated with Ballina Shire Council. Council has managed the notification of residents.

Cumulative Impact Assessment 84 RMS As part of the Construction and Operation EMPs the Proponent shall identify parameters to be

monitored during construction and operation of the project which have the potential for cumulative effects to occur. The Proponent shall also define the time period for which the identified parameters will be monitored. The results of such monitoring shall then be used as an input to the RMS’s Cumulative Impact Assessment Study and made available to relevant government agencies and the Community Liaison Group.

Ongoing Compliant The environmental parameters identified as having the potential for generating cumulative impacts have been addressed in the relevant Environmental Management Sub Plan and an appropriate monitoring program (taking into account the cumulative nature of each parameter), included within these Sub Plans.

Location of Construction Facilities 85

(a)

Unless otherwise agreed to by the Director-General, the Proponent shall only construct concrete batching plants and construction compounds required for the construction of the project, in those locations that satisfy the following criteria:

sites to be located within the road corridor assessed in the EIS and Representations Report to the greatest extent possible;

LCPL Pre-construction / Construction

Ongoing Compliant Noted, no concrete batch plants required for the P2T project. The CEMP details the requirements for componds and these requirements have been adhered to. The NVMP details the location of the compounds.



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Compliance status


(b) (c) (d) (e)

(f) (g)

(h)

(i)

(j)

The location of any concrete batching plants/construction compounds considered under these Conditions of Approval shall be detailed in the Construction EMP and shall demonstrate that the above criteria have been met.

sites on relatively level land; sites to be separated from nearest residences by at least 200 m unless it can be demonstrated to the satisfaction of the Director-General that there will be no adverse noise, visual and air quality impacts; sites are not to be permitted within 100m of, or drain directly to SEPP 14 wetlands; sites are not to be located within 100m of waterways unless adequate erosion and sediment controls are implemented to protect water quality; sites must be above the 20 ARI flood level unless a contingency plan to manage flooding issues is prepared and implemented;

sites are to have low conservation significance for flora, fauna or heritage and they are not to require any clearing of native vegetation beyond that which must be cleared for the project in any case; and

sites are to be selected so that the operation of the plant or compound does not impact on the land use of adjacent properties.

sites to be located with ready access to the local road network; sites to be located to minimise the need for heavy vehicles to travel through Ballina;

Ross Lane Earthworks 86A The Proponent shall ensure that material extracted from the extraction component of the project is

only used for the construction of the road component of the project subject to this approval and no other section of the Pacific Highway or other works.


86B The Proponent shall ensure that extraction at the Ross Lane Earthworks site is limited to 390,000m3

for the project.



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