8.2 increase in production of quarry operations, lot 622 dp … · 2015. 6. 29. · 2013 for the...

BELLINGEN SHIRE COUNCIL – AGENDA – EXTRAORDINARY MEETING OF COUNCIL 6 SEPTEMBER, 2013

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File/Index: 2013/AF-00039

Author: Matthew Hutchings, Senior Development Planner

REPORT SUMMARY: This report provides an assessment of Development Application No. 2013/DA–00030 for the proposed intensification of quarry operations at Lot 622 DP 810307, No. 289 Old Coramba Road (North), Megan, and makes a recommendation for the Council to approve the subject application. Section 79C of the NSW Environmental Planning and Assessment Act 1979 (‘EP & A Act’) requires Council to take into consideration various matters when assessing a development application, including the likely impacts of the proposed development on the natural, built and social environments. The matters of relevance to the subject application are considered in this report. REPORT DETAIL: Application Information: Application No: 2013/DA-00030 Proposal: Increase in production of quarry operations Subject Land: Lot 622 DP 810307, No. 289 Old Coramba Road (North), Megan Applicant: EMS Quarries P/L Consent Authority: Bellingen Shire Council Application Category: Integrated Development Approval Body: Environment Protection Authority Approval Required: Environment Protection Licence Zone: Zone RU1 Primary Production under the provisions of Bellingen

Local Environmental Plan 2010 Locality Plan:

8.2 INCREASE IN PRODUCTION OF QUARRY OPERATIONS, LOT 622

DP 810307, NO. 289 OLD CORAMBA ROAD (NORTH), MEGAN

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Attachment 6.1B


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BACKGROUND:

Development Application No. 2013/DA-00030 (‘the DA’) was registered by Council on 19 March 2013 for the right to increase the production rates of an existing quarry operating on Lot 622 DP 810307, No. 289 Old Coramba Road (North), Megan, from an approved production level of 47,000m3 per year to 120,000m3 per year. The proposed increase in production entails increased extraction rates, increased traffic movements and the potential for increased water, air and noise pollution. However, the proposed increase in production does not alter the approved area for extraction or final landscape profiles endorsed for the quarry under Development Application No. 2955. (A copy of the written consent is included as Attachment A to this report). Prior to the lodgement of the DA, the proponents engaged Council’s Development Control Unit in a pre-lodgement meeting convened on 16 January 2013 to discuss the proposal, including the applicability of a modification to the existing development consent endorsed under Development Application No. 2955 and the provisions of designated development. The DA is categorised as integrated development in that it needs development consent and general terms of approval for an Environment Protection Licence under Chapter 3 of the Protection of the Environment Operations Act 1997. The DA was accordingly referred to the NSW Environment Protection Authority (‘EPA’) on 5 April 2013, with general terms of approval issued by the EPA on 20 May 2013. The DA was referred to the Roads and Maritime Services (‘RMS’) under the provisions of State Environmental Planning Policy (Infrastructure) 2007 and State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 on 5 April 2013. Additional information was requested from the applicant through this referral process and was received by Council on 23 July 2013. The DA was advertised and notified pursuant to Chapter 11 of the Bellingen Shire Development Control Plan 2010 (‘DCP’) and clause 89 (3) (a) of the Environmental Planning and Assessment Regulation 2000 for a period of 30 days from 11 April 2013 to 10 May 2013 inclusive. A total of fourteen submissions were made in relation to the proposal during this period while two submissions and petitions both for and against were submitted to Council after the expiration of the statutory exhibition period. Signatories to the respective petitions tallied 120 for and 149 against. No submissions received by Council in the statutory exhibition period were in favour of the proposed development. The Site:

The land the subject of the DA is described as Lot 622 DP 810307, No. 289 Old Coramba Road (North), Megan, as provided on the locality plan above. The land has an area of 229.6 hectares and is predominately used for extensive grazing. In the southwest of the land an area of 4.3 hectares is leased for the purposes of an extractive industry endorsed under Development Application No. 2955. This area is situated on the eastern side of Old Coramba Road (North) approximately 130 metres east of Rocky Creek and 350 metres north of Euroka Creek. The quarry site is placed approximately 30 metres below a north-south ridge line and 50 metres above the natural water level of Rocky Creek, towards which the site slopes. It is astride a hard rock resource of politic hornfels (i.e. a thermal metamorphic rock that is hard and durable) recognised in the NSW Department of Planning’s Mid North Coast Regional Strategy as a ‘Regionally Significant Extractive Resource’.


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The site is 2.3 kilometres to the north east of the centre of Dorrigo and is accessed from Waterfall Way (State Highway 78) via 3.2 kilometres of local road network comprising the bitumen sealed Old Coramba Road South and the sealed and unsealed Old Coramba Road (North). Old Coramba Road (North), as constructed, terminates at the entrance to the quarry site and is developed with two single-lane timber bridges that span Rocky Creek and Euroka Creek respectively. There are two residences that are located within a kilometre radius of the quarry lease area. These are on allotments of modest size situated to the northeast of the site. Further residences in the immediate vicinity of the site are situated to the south (1160 metres) and southwest (1120 metres). There are also residences along Old Coramba Road South in the vicinity of the intersection with Waterfall Way and the Mount St John Catholic School that are relevant to Council’s assessment as to what impacts, if any, the various elements of the proposed intensification of quarry operations might have. There is, also, within the boundaries of the land, a residence occupied by the owners of the land who have endorsed the lodging of the development application with Council and have control over the development as land owner. This residence is classified as an associated residence and, as such, there is no need to consider any impacts on it. The Dorrigo Waste Facility is situated one kilometre to the southwest of the quarry site. EXISTING QUARRY OPERATIONS:

The 4.3 hectare section of land that comprises the current quarry lease area benefits from an existing development consent for an extractive industry approved under Development Application No. 2955 on 29 June 1994. The existing development consent, as modified, is attached to this report and details, amongst other things, Section 94 developer contributions. The existing quarry is approved to operate from 7 am to 5 pm, Monday to Friday. Within these hours of operation extraction at a maximum rate of 47,000m3 per annum is permitted in accordance with a staged Site Management and Operation Plan. The approved maximum rate of extraction has not been realised to date, with actual quarry products produced at the quarry, from and including 1997, ranging from 0 tonnes in 2005 to 37,061 tonnes in 1998. Extraction rates over the past two years were 31,265 tonnes and 32,228 tonnes respectively. The Statement of Environmental Effects (‘SEE’) accompanying the current DA provides that approximately 133,000 tonnes of products have been extracted and processed since 1997, and that the development is within stage 2 of the Quarry plans incorporated in the Site Management and Operation Plan. This leaves a minimum of 19 years of extraction at the current maximum permissible rates (i.e. 47,000m3 per annum) and provides that around 893,000m3 of hornfels remains approved for extraction under Development Application No. 2955. Quarry operations include blasting, crushing and screening, with the end product being transported from the site via rigid trucks or truck and dog configurations. According to the SEE, “The bulk of the quarry products produced to date have been delivered to NSW Roads and Maritime Services and Bellingen Shire Council Road Upgrades with approximately 30% being transported east of Dorrigo and the remainder 70% transported westward through Dorrigo.” The haulage of quarry material from the site is subject to a weekly limitation on the development consent of 100 laden truck movements with a maximum capacity of 22 tonnes each. Three staff are employed on-site under the existing quarry operations, with other services including cartage, drilling and blasting, fabrication, hardware and plumbing, being outsourced. THE PROPOSAL:

The proposed development seeks authorisation to increase the annual production of quarry products permitted under the development consent issued for Development Application No.


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2955 from the current approved production level of 47,000m3 per year to 120,000m3 per year, including:

an increase in the maximum permissible number of heavy vehicle movements from 100 laden truck movements per week (i.e. 200 vehicle movements per week) to 200 laden truck movements per week (i.e. 400 vehicle movements per week); and

an increase in the maximum capacity of laden truck movements from 22 tonnes per truck to 32 tonnes per truck, or the maximum permitted to be legally transported on the public road network.

The proposed development is within the ambit of the provisions of Schedule 3 Part 2 of the Environmental Planning and Assessment Regulation 2000 regarding alterations or additions to designated development and is not considered to be classified as designated development in its own right. The DA is subsequently classified as integrated development in that it needs development consent and general terms of approval from the EPA for an Environment Protection Licence. The proposed DA does not alter the overall footprint of the approved quarry including the extraction area, batter profiles and the rehabilitation of disturbed land. With the exception of equipment maintenance which is sought to occur on Saturdays between 7:00am and 5:00pm as required, the existing hours of operation controlled by the current development consent, being 7:00am to 5:00pm Monday to Friday inclusive, are not proposed to be altered. However, within the existing approved hours of operation there is proposed to be an increase in the operational hours of plant (as opposed to the type of plant) and the frequency of blasts (as opposed to the size of blasts), with the latter intensifying from typically 2-3 campaigns per year to approximately 6-8 campaigns per year. The extended operation of plant will consume more fuel and, as a result, the existing 15,000L diesel tank developed on-site is proposed to be replaced with a double-skin self-bunded 25,000L tank. The “majority” of heavy vehicle movements from the quarry under the DA are proposed to turn left at the intersection with Old Coramba Road South and Waterfall Way. This shift from approximately 30% of quarry products being transported east of Dorrigo to the majority of quarry products being transported east of Dorrigo is projected to occur over a period of three years to address the potential supply of quarry products to Abigroup for the Nambucca Heads to Urunga ‘’NH2U’’ Pacific Highway upgrade project. It is projected that an additional two staff will be employed on-site to achieve the proposed production level, although whether such positions are permanent or otherwise is undocumented in the SEE. A water licence is separately sought by the proponent from the NSW Office of Water for the proposed extraction of up to 10ML of water annually from Euroka Creek for the primary purpose of dust suppression. This licence is not linked to the DA, with the NSW Office of Water being responsible for managing access to water. DESIGNATED DEVELOPMENT:

Development that is designated development is listed under Schedule 3 of the Environmental Planning and Assessment Regulation 2000 and includes Extractive industries at 19 as follows:

“19 Extractive industries

(1) Extractive industries (being industries that obtain extractive materials by methods including excavating, dredging, tunnelling or quarrying or that store, stockpile or process extractive materials by methods including washing, crushing, sawing or separating):


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(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of extractive material per year, or

(b) that disturb or will disturb a total surface area of more than 2 hectares of land by:

(i) clearing or excavating, or (ii) constructing dams, ponds, drains, roads or conveyors, or (iii) storing or depositing overburden, extractive material or tailings, or

(c) that are located:

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) within 200 metres of a coastline, or (iii) in an area of contaminated soil or acid sulphate soil, or (iv) on land that slopes at more than 18 degrees to the horizontal, or (v) if involving blasting, within 1,000 metres of a residential zone or within

500 metres of a dwelling not associated with the development, or (vi) within 500 metres of the site of another extractive industry that has

operated during the last 5 years.” Schedule 3 of the Environmental Planning and Assessment Regulation 2000 also provides the following at Part 2:

“Part 2 Are alterations or additions designated development? Clause 35 Is there a significant increase in the environmental impacts of the total development? Development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development. Note. Development referred to in this clause is not designated development for the purposes of section 77A of the Act. This means that section 98 of the Act (Appeal by an objector) will not extend to any such development even if it is State significant development.”

The above provides that a development application for alterations or additions to designated development (in this instance the designated development extractive industry endorsed under Development Application No. 2955) is not by default designated development that is subject to an Environmental Impact Statement and determination by the Joint Regional Planning Panel. The development application 2013/DA-00030 has been submitted to Council under Part 2, Schedule 3 of the Environmental Planning and Assessment Regulation 2000 and the Council must form the requisite opinion under clause 35 to enable the development application to be considered as other than designated development. Clause 36 provides the factors to be taken into consideration by Council in forming its opinion as to whether or not the development is designated development. The matters to be considered are provided below and commented on in turn. “Clause 36(a)

(a) the impact of the existing development having regard to factors including:

(i) previous environmental management performance, including compliance with the conditions of any consents, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice, and (ii) rehabilitation or restoration of any disturbed land, and (iii) the number and nature of all past changes and their cumulative effects, and”


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Comment:

The previous environmental management performance of the development is considered in Appendix 4 of the SEE through a compliance assessment addressing the conditions of development consent imposed on DA- 2955. That assessment concludes that “all conditions except one have been complied with by the Applicant. The non-compliant condition relates to an administrative issue that the Applicant intends to re-address.” The non-compliant condition recognised in the SEE was condition 9 (f) which provides that “the developer shall provide to Council an annual survey undertaken by a Registered Surveyor to confirm the quantity of material extracted from the site.” Such a survey has not been submitted as required by the terms of the condition. The development is into stage 2 of the six stages provided in the Site Management and Operation Plan. No major rehabilitation or restoration works were required under the Site Management and Operation Plan for Stage 1, with rehabilitation to commence “as soon as practical after the excavation of material is competed” for Stage 2. The SEE provides that any disturbed land that is no longer required for the day-to-day operation of the Quarry has been planted in accordance with the temporary rehabilitation works contained within the Site Management and Operation Plan. The development consent was amended on 6 December 1994 following the proponent’s submission of additional information addressing the In Principal Condition (i.e. a deferred commencement condition) of consent. The In Principle Condition concerned the impacts of blasting and was replaced with a new condition 16 addressing blasting in an operational consent. “Clause 36(b)

(b) the likely impact of the proposed alterations or additions having regard to factors including:

(i) the scale, character or nature of the proposal in relation to the development, and

(ii) the existing vegetation, air, noise and water quality, scenic character and special

features of the land on which the development is or is to be carried out and the surrounding locality, and

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty, and

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts, and”

Comment:

The likely impact of the proposed alterations or additions is considered in the SEE and this Report. Appendix 5 of the SEE provides:

‘’The overall footprint of the quarry would not change as a result of the proposed amendment to the development consent. Section 4 of the Statement of Environmental Effects provides an assessment of the effects of the proposed increase in production on the environment. The assessment concludes that the increase in production could proceed given there is no evident environmental reason to prevent the increase in production at the Dorrigo Quarry from proceeding.

In summary, the following comments are provided for each factor.

(i) The scale of the approved area of the Quarry would not change and the Quarry ould continue to be developed in the same manner as is currently approved.


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(ii) The air, noise and water effects would be comparable to the existing approved operation, with the exception of an increase in road noise for a 3 year period, albeit at levels considered acceptable. The Quarry’s location generates negligible visual impacts.

(iii) The environmental effects outlined in this document [the SEE] are considered certain given the observations and performance of the existing quarry.

(iv) The environment surrounding the Quarry has considerable capacity to accommodate the adverse effects of its ongoing operation in the manner described in this document [the SEE].”

“Clause 36(c)

(c) any proposals:

(i) to mitigate the environmental impacts and manage any residual risk, and (ii) to facilitate compliance with relevant standards, codes of practice or

guidelines published by the Department or other public authorities.”

Comment:

Appendix 5 of the SEE provides as follows with respect to mitigation of impacts:

“EMS Quarries Pty Limited would continue to operate the Quarry in compliance with the conditions contained within Development Consent DA2955. Section 4 of the Statement of Environmental Effects outlines all safeguards that would be employed at the Quarry to mitigate any environmental impacts that may arise as a result of the increase in production at the Quarry.”

With respect to compliance with other standards specified by public authorities, it is noted that road noise and vibration from quarry traffic was separately measured in the SEE as required by the NSW Office of Environment and Heritage in the (then) 2011 Department of Environment, Climate Change and Water’s NSW Road Noise Policy. The impact was measured at residences adjacent to Old Coramba Road South, with the calculations providing that, on a busy day, noise levels would not exceed the Department of Environment, Climate Change and Water’s nominated road noise criterion. It should also be noted that bridges on the local road network are recommended to be upgraded to comply with contemporary standards that were not in place at time of original construction (e.g. current Australian Standard AS 1500). Overall, it is therefore considered that the proposed development complies with the provisions of Clause 35 and Clause 36 of Schedule 3 of the Environmental Planning & Assessment Regulation 2000. SECTION 79C (1) MATTERS FOR CONSIDERATION – EP & A ACT: SECTION 79C (1) (a) (i) - ANY ENVIRONMENTAL PLANNING INSTRUMENT: Bellingen Local Environmental Plan 2010:

Clause 2.2 of the Bellingen Local Environmental Plan 2010 (‘BLEP’) provides that the land is within the Zone RU1 Primary Production. Within the Zone RU1 Primary Production development for the purposes of extractive industries is permitted with consent. The proposed development is for the purposes of an extractive industry as defined in the BLEP:

“extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming”.


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State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (‘the Mining SEPP’) contains a specific provision, clause 8, which excludes any assessment of the proposed development against the objectives and provisions of the BLEP. The terms of the exclusionary provision contained in clause 8 are as follows:

“Clause 8 Determination of permissibility under local environmental plans

(1) If a local environmental plan provides that development for the purposes of mining, petroleum production or extractive industry may be carried out on land with development consent if provisions of the plan are satisfied:

(a) development for that purpose may be carried out on that land with development consent without those provisions having to be satisfied, and

(b) those provisions have no effect in determining whether or not development for that purpose may be carried out on that land or on the determination of a development application for consent to carry out development for that purpose on that land.

(2) Without limiting subclause (1), if a local environmental plan provides that development for the purposes of mining, petroleum production or extractive industry may be carried out on land with development consent if the consent authority is satisfied as to certain matters specified in the plan, development for that purpose may be carried out on that land with development consent without the consent authority having to be satisfied as to those specified matters”.

As development for the purpose of an extractive industry is permitted with consent in the Zone, the terms of the Mining SEPP exclude further consideration of the provisions of the BLEP. The Mining SEPP constitutes a codified framework for the assessment of activities that are brought within the scope of the SEPP, and the proposed development is considered against that framework below. State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (‘the Mining SEPP’) provides the relevant assessment framework for the proposed development, with the provisions of clause 12 and the specific matters in clauses 14-17 to be considered. Clause 12 is in the following terms:

“Clause 12 Compatibility of proposed mine, petroleum production or extractive industry with other land uses Before determining an application for consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must:

(a) consider:

(i) the existing uses and approved uses of land in the vicinity of the development, and”

Comment:

The development is proposed to occur on Lot 622 DP 810307. For the purposes of clause 12 (a) above, what constitutes “the vicinity” of this development may effectively be defined as a catchment measured one kilometre from all points of the quarry lease boundaries, being an indicative transition area recognised by Industry and Investment NSW for quarry sites where blasting is, or would be, used. This area is not considered relevant for expansion in order to incorporate the potential visual catchment of quarry operations, as such matters were addressed under Development Application No. 2955 and are unaltered by the current proposal. This catchment, in general terms, contains the following existing and approved uses:

agriculture;

residential uses associated with an agricultural activity;

rural residential uses;


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public roads;

the Dorrigo Waste Facility;

Crown Reserve 90892 for Public Recreation notified 9 September 1977; and

a quarry.

“Clause 12(a)(ii) whether or not the development is likely to have a significant impact on the uses that, in the opinion of the consent authority having regard to land use trends, are likely to be the preferred uses of land in the vicinity of the development”

Comment:

The likely preferred uses in the vicinity of the development site are considered through the zoning provisions provided in the BLEP and the NSW Department of Planning document Mid North Coast Regional Strategy. The prevailing land use zone in the catchment is Zone RU1 Primary Production. This Zone provides for sustainable and diverse primary industries, the maintenance of resource lands, and the minimisation of land use conflict. Uses considered in the Mid North Coast Regional Strategy Natural Resources and Hazards Map for the locality include regionally significant farmland, environmental assets and rural land, and a regionally significant extractive resource upon which the quarry operates. Having regard to the BLEP and Mid North Coast Regional Strategy, there appears no reason to conclude that the ‘likely preferred uses’ of land in the vicinity of the development will vary, in any materially relevant aspect, from those occurring at present.

“Clause 12(a)(iii) any ways in which the development may be incompatible with any of those existing, approved or likely preferred uses,”

Comment:

A merit assessment of the potential impact from the proposed intensification of quarry operations on relevant landholdings in the vicinity of the development, including the road and Crown Reserve, is required to fulfil the requirements of clause 12 (a) of the Mining SEPP. To this end the SEE provides an assessment of the impacts on adjoining land resulting from the proposed intensification of quarry operations. The EPA has reviewed the information provided in the SEE and determined in correspondence to Council dated 20 May 2013 that it is able to issue a licence for the proposal, subject to a number of conditions. The general terms of approval for the issue of a licence provides controls on emissions and the monitoring of those emissions from the proposed development, including discharges to air and water and applications to land. The conditions are considered to adequately address any potential incompatibility between the proposed intensification of quarry operations and any existing, approved or likely preferred uses in the vicinity of the development. The capability of the proposed development to meet the EPA’s general terms of approval for the emission of noise is considered in the following points.

Calculations of blast impacts and recorded blast monitoring results from current quarry operations at sensitive receivers (i.e. dwelling houses) in the vicinity of the development site contained in the SEE provide that existing and proposed blasting operations are within the limitations of the EPA’s general terms of approval.

Theoretical predicted noise levels from the proposed operation of plant propagated to sensitive receivers at 570m to the northeast and 1,120m to the southwest of the quarry were calculated in the SEE as 37dB(A) and 30dB(A) respectively. The calculation adopted “the worst case in terms of a likely operational scenario” and provides for a potential exceedance of 2dB(A) at the most affected receiver. This requires authorisation from the affected residents or further mitigation measures in order to meet the EPA noise emission criterion of 35dB(A) to be measured at the most affected residential receiver.


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Activities covered by the EPA’s general terms of approval are only to occur between the hours of 7:00am and 6:00pm Monday to Friday, and 8:00am and 1:00pm Saturday, and at no time on Sundays and Public Holidays. These hours of operation differ from the existing development consent which limits operations to 5:00pm on weekdays and makes no provision for Saturdays or Public Holidays. As described above, the quarry is sought to be operated within the current approved hours of operation, with the maintenance of equipment to be undertaken on Saturdays between 7:00am to 5:00pm as required. To reconcile these hours Council’s Senior Health and Building Surveyor recommends that the development be carried out between the hours of 7:00am and 5:00pm Monday to Friday, and at no time on Sundays and Public Holidays, with non-noise generating maintenance permissible on Saturdays between the hours of 7:00am and 5:00pm.

The impacts of the proposed development on Crown Reserve 90892 as bound by Rocky Creek and Old Coramba Road (North) to the west of the quarry were considered by Trade and Investment NSW in a submission to Council dated 17 June 2012. It was requested therein:

“that the development envelope does not encroach on the adjacent Crown reserve or compromise its recreation values. The proponent may not:

remove any vegetation from the adjacent Crown land,

stockpile materials, equipment or machinery on the adjacent Crown land,

direct stormwater or other drainage discharges onto the adjacent Crown land,

use the adjacent Crown land as an asset protection zone, or

restrict public use and access on the Crown reserve.” Provided that the above are achieved, the impact of the proposed development on the Crown Reserve is considered to be adequately ameliorated. As a result, the matters raised by Trade and Investment NSW may be addressed by a condition of development consent. The public road in the vicinity of the proposed development is Old Coramba Road (North). This road is in two disparate sections with Old Coramba Road (North) (as accessed off Old Coramba Road South and utilised by the quarry operations) developed as a no through road beyond the Dorrigo Waste Facility that terminates at the quarry entrance. This provides that there is no through traffic along the road, and that the majority of traffic beyond the entrance to the Dorrigo Waste Facility may be attributed to the existing quarry. An assessment of the local road network from the quarry to and including the intersection of Old Coramba Road South and Waterfall Way was undertaken by EMS in July 2013 as part of an additional information submission to Council that also contained an assessment by McKenzie Burridge and Associates Pty Ltd of the load carrying capacity of the two bridges on Old Coramba Road (North) over Rocky Creek and Euroka Creek. A series of hazards and deficiencies were identified in these reports and subsequently considered by Council’s Asset Management & Design staff and the RMS. The proposed development was assessed as being compatible with the local road network and its interface with the classified road network, subject to the imposition of conditions that mitigate the risk and plan for road safety.

“Clause 12 (b) evaluate and compare the respective public benefits of the development and the land uses referred to in paragraph (a) (i) and (ii)”

Comment:

The proposed development will increase the rate of extraction at the Megan Quarry from an approved level of 47,000m3 per annum to 120,000m3 per annum for a period of approximately three years with the objective of supplying product to the NH2U Pacific Highway upgrade project. It is documented in the NSW Department of Primary Industries 2006 report entitled Primary Industries in the North Coast Region of NSW Strategic Review that construction materials are an “essential supply of materials for maintenance and development of


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infrastructure including the Pacific Highway upgrade.” The key resourcing issues identified in the Review are:

Declining identified resource base.

Declining access to resources.

Sensitivity to transport costs.

Uncertainty over long-term sustainability of supply. The Review also documented that construction materials are characterised by:

Use in large volumes;

Low unit cost; and

Sensitivity to transport costs. These issues, amongst others, are relevant to an assessment of the respective public benefits of the DA. The capacity of the quarry was estimated by Resource Design and Management Pty Ltd in September 1993 at “1,041,300m3 of solid rock which represents 2.6 million tonnes or 1,830,856m3 of loose truck loads.” With extraction having occurred in the following years, around 893,000m3 of hornfels is calculated to remain approved for extraction under DA- 2955. This provides that extraction at the rate of 120,000m3 per annum would exhaust the resource within the lease area after some 7.4 years. However, the intensification of extraction is proposed to occur over a three year period to supply the NH2U Pacific Highway upgrade project. The contract has not been awarded to EMS Quarries Pty Ltd for this project, but if it was it would preserve 533,000m3 of hornfels for domestic extraction under Development Application No. 2955 once the Highway project was completed and extraction rates returned as anticipated to the current operational levels. Undoubtedly the proposed development will limit the life of the quarry endorsed under Development Application No. 2955, but the extent of the resource is unlikely to be confined to the specific area of the lease and may be the subject of a future assessment and development application. It is a distance of approximately three kilometres via the local road network from the quarry site to Waterfall Way (State Highway 78), which in turn is a direct haulage route to the Pacific Highway. The resource available at the quarry is of a proven quality and, given the sensitivity of market supply to transport costs, must be within an economically viable haulage distance of the Pacific Highway upgrade for the tender to be awarded to EMS Quarries Pty Ltd. Where a resource is locally available for a Highway upgrade project, the extractive materials necessary for the project are hauled shorter distances at decreased transport costs and decreased road maintenance costs. In conclusion, it is considered that the broader public will derive demonstrable benefits from the operation of the quarry whilst existing or future land uses in the locality will not be significantly affected.

“Clause 12 (c) evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii)”

Comment:

The applicant has proposed a series of operational measures that are to the satisfaction of the EPA (subject to conditions) and will suffice to ensure that the development will minimise any incompatibility with the locality.

“Clause 14 Natural resource management and environmental management

ensure the development is undertaken in an environmentally responsible manner and


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minimise greenhouse gas emissions including downstream emissions that are directly or indirectly a consequence of the quarrying activities.”

Comment:

With regard to water, the DA was considered by the EPA through the integrated development provisions of the EP & A Act, and a determination made that a licence is able to be issued for the proposal, subject to a number of conditions. Those conditions aim to ensure that the development is undertaken in an environmentally responsible manner and to minimise the discharge of pollutants to the environment through the course of the development. The conditions comprising the general terms of approval from the EPA are contained in the recommendation to this Report. Concerning ecological issues, the proposed development does not expand the area of quarry operations approved under Development Application No. 2955 and, as such, does not require the removal of any vegetation that is not already the subject of development consent under the EP & A Act. The proposed development will generate additional activity on the site, although this is not considered to have a measurable adverse effect on the habitat value of the land. The proposed development has no adverse effect on environmental heritage (indigenous and non-indigenous) for the reason provided above, being that the proposed development does not expand the area of quarry operations approved under Development Application No. 2955. The site and adjoining lands do not contain heritage items, areas or sites as prescribed in Schedule 5 of the BLEP. The proposed DA has a negligible effect on greenhouse gas emissions resulting from quarry operations. The material that is being quarried, politic hornfels, is an inert material and, as a consequence, any downstream emissions occasioned will come from activities associated with the use of the material as opposed to the material itself. In addition, the proposed development does not alter the overall amount of material approved for extraction under Development Application No. 2955, or significantly affect the indicative timing for extraction under that DA (which forecast the 1,041,300m3 of solid rock to be processed by the year 2023). Some modest greenhouse gas emission benefits may be realised through the haulage of larger loads from the quarry, or obtained through the localised supply of material to the Highway upgrade, although no consideration was given in the SEE to any fuel efficiencies. It is likely that the improved efficiency and reduced distance of the upgraded Pacific Highway will ultimately reduce greenhouse gas emissions relative to those generated by existing traffic between Nambucca Heads and Urunga.

“Clause 15 Resource recovery

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider the efficiency of the development in terms of resource recover.

(2) Before granting consent for the development, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at optimizing the efficiency of resource recovery and the reuse of recycling of material.

(3) The consent authority may refuse to grant consent to development if it is not satisfied that the development will be carried out in such a way as to optimize the efficiency of recovery of minerals, petroleum or extractive materials and to minimize the creation of waste in association with the extraction, recovery or processing of minerals, petroleum or extractive materials.”

Comment:

Clause 15 of the Mining SEPP requires that consideration be given to optimising the efficiency of the development in terms of resource recovery, the reuse or recycling of material, and the minimisation of waste. The Site Management and Operation Plan prepared by Resource Design and Management for Development Application No. 2955 provides for the stockpiling of


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topsoil and overburden for rehabilitation purposes and the burning of cleared vegetation. Overburden is currently used on-site for the construction of upslope stormwater diversion mounds, and the EPA general terms of approval for the current DA require these to be maximised along with the reuse of harvested water in detention basins. The range of quarry products currently produced is proposed to include Concrete Aggregates and Asphalt Aggregates in addition to the current DGB20 Base, DGS 20 Base, Select Fill, Gabion and Ballast, in an expansion of the use of the recovered resource. “Clause 16 Transport

(1) Before granting consent for development for the purposes of mining or extractive industry that involves the transport of materials, the consent authority must consider whether or not the consent should be issued subject to conditions that do any one or more of the following:

(a) require that some or all of the transport of materials in connection with the development is not to be by public road,

(b) limit or preclude truck movements, in connection with the development, that occur on roads in residential areas or on roads near to schools,

(c) require the preparation and implementation, in relation to the development, of a code of conduct relating to the transport of materials on public roads.

(2) If the consent authority considers that the development involves the transport of

materials on a public road, the consent authority must, within 7 days after receiving the development application, provide a copy of the application to: (a) each roads authority for the road, and (b) the Roads and Traffic Authority (if it is not a roads authority for the road). Note. Section 7 of the Roads Act 1993 specifies who the roads authority is for different types of roads. Some roads have more than one roads authority.

(3) The consent authority:

(a) must not determine the application until it has taken into consideration any submissions that it receives in response from any roads authority or the Roads and Traffic Authority within 21 days after they were provided with a copy of the application, and

(b) must provide them with a copy of the determination. (4) In circumstances where the consent authority is a roads authority for a public

road to which subclause (2) applies, the references in subclauses (2) and (3) to a roads authority for that road do not include the consent authority.”

Comment:

All materials produced at the quarry are transported by road, and an assessment of the road network from the quarry to and including the junction of Waterfall Way and Old Coramba Road South was undertaken by EMS on behalf of the applicant in July 2013. That assessment was considered by Council’s Asset Management & Design staff and the RMS respectively. An additional assessment by McKenzie Burridge & Associates Pty Ltd was made concerning the adequacy of the bridge structures spanning Euroka Creek and Rocky Creek on the haulage route. The haulage route enters the residential area of the Dorrigo township and joins Waterfall Way at a T intersection in proximity to the Mount St John Catholic School. Predicted traffic noise levels and vibration through the residential area were calculated in the SEE and the results provide that, on a busy day, noise levels would not exceed the nominated road noise criterion. “No adverse effects would be experienced at the residences adjacent to Old Coramba Road from vibration caused by heavy vehicles”. RMS’ review of the Road Safety Audit has resulted in advice being furnished to Council that “the existing junction of the Waterfall Way and Old Coramba Road would appear to need an AUSTROADS BAR and BAL treatments for right and left-turning traffic” to safely cater for the increase in traffic.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1993%20AND%20no%3D33&nohits=y


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Compliance with the AUSTROADS BAR was considered by the RMS as possibly requiring removal of existing parking in the vicinity of the school and concern was expressed that this may have had an impact upon the safety in the locality. Further consideration of this concern by Councils engineers has however confirmed that there will be no removal of any existing parking in order to comply with intersection requirements and no additional specific works will be required in the vicinity of the school to address any likely safety issues. Detailed comments on traffic impacts are provided under the heading ‘Traffic & Road Issues’ later in this report and the submission received by the RMS to clause 16 of the Mining SEPP is provided in this report under the heading ‘Engagement.’ “Clause 17 Rehabilitation

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring the rehabilitation of land that will be affected by the development.

(2) In particular, the consent authority must consider whether conditions of the consent should: (a) require the preparation of a plan that identifies the proposed end use and

landform of thte land once rehabilitated, or (b) require any waste generated by the development or the rehabilitation to be

dealt with appropriately, or (c) require any soil contaminated as a result of the development to be remediated

in accordance with relevant guidelines (including guidelines under section 145C of the Act and the Contaminated Land Management Act 1997), or

(d) require steps to be taken to ensure that the state of the land, while being rehabilitated and at the completion of the rehabilitation, does not jeopardise public safety.”

Comment:

Clause 17 of the Mining SEPP requires that consideration be given to the rehabilitation of the land post extraction. As the development intensifies the rate of extraction without amending the approved footprint or final profiles of the land, the Plan of Management required under Development Application No. 2955 as prepared by Resource Design and Management Pty Ltd in September 1993 for the proposed end use and landform remains valid. It is subsequently considered that there are no issues arising for Council’s consideration under this clause of the Mining SEPP. State Environmental Planning Policy (Infrastructure) 2007 Clause 104 and Schedule 3 of State Environmental Planning Policy (Infrastructure) 2007 (‘the Infrastructure SEPP’) provide that the proposed development is traffic generating development to be referred to the RMS. Written notice of the application was provided to the RMS in correspondence dated 5 April 2013 and a formal submission received in correspondence dated 17 May 2013. The submission described that a number of impacts on the safe and efficient operation of the State and local road network had not been adequately addressed in the SEE, and that the application should not be approved until such matters were adequately addressed. The issues raised by the RMS were brought to the attention of the applicant and additional information submitted on 23 July 2013. That information was forwarded to and assessed by the RMS, with correspondence received by Council on 15 August 2013 recommending that Council’s determination have regard to the five matters raised by the RMS in their submission. Clause 104 of the Infrastructure SEPP requires Council to take into consideration the following matters prior to determining the DA:


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a) the submission provided by the RMS, and b) the accessibility of the site concerned, including:

(i) the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and

(ii) the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and

c) any potential traffic safety, road congestion or parking implications of the development. The submission provided to Council by the RMS is contained under “Engagement” in this Report. The advice given for Council’s consideration is the treatment of the junction of the Waterfall Way and Old Coramba Road South, the potential impact of this treatment on vehicle and pedestrian movements associated with the school, and the payment of a regular contribution based on haulage rates for the maintenance of the local road network. Deficiencies in the road network were identified in additional information submitted to Council by the applicant. These deficiencies are considered by Council’s Asset Management and Design staff in the “Engagement” section of this Report and address any potential traffic safety, road congestion or parking implications of the development. The provision of on-site car parking is also addressed under “Chapter 5 – Carparking and Vehicular Access” below. Concerning the payment of a contribution based on haulage rates, a contribution subject to quarterly indexation in line with the Road Cost Index released by RMS is currently levied for the quarry under condition 9 of the existing development consent for Development Application No. 2955. This contribution is calculated on a rate per tonne of quarry products extracted and applies separate rates for the sealed and unsealed road surfaces between the quarry and Waterfall Way. The condition applies the following rates for the current quarter:

COLUMN 1 COLUMN II

Rate per tonne

Old Coramba Road – quarry to start of bitumen $0.32449

Old Coramba Road – start of bitumen to Main Road 76 $0.02442

An example calculation follows

Example: 1000 tonnes 0.32449 x 1000 = $324.49 0.02442 x 1000 = $24.42 Total = $348.91

The method for the ongoing levying of haulage contributions as a result of the proposed development was the subject of legal advice. The Council does not currently have a developer contributions plan for heavy haulage and the advice was sought to avoid the somewhat absurd situation where the proponent would be required to pay contributions for extraction at the current rate of extraction, but not at the increased rate of extraction despite it being within exactly the same footprint and to the same depth as the current approval. The advice provides that Council has the capacity to continue to levy contributions at the current rate subject to the imposition of conditions that amend the development consent issued in respect of Development Application No. 2955. This provides that Council can continue to levy developer contributions for the maintenance of Old Coramba Road (North) and South from the Waterfall Way to the quarry entrance at the established rate per tonne (note that a new rate cannot be set unless via a planning agreement). A contribution to be paid by the proponent would provide an ongoing ability to fund works that may be necessary to address the impact on the local road network that the proposed additional volume and load of traffic will exert.


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The proposal to increase the payload of trucks leaving the quarry is directly associated with the efficiency of movement. Sensitivity to transport costs is a key resourcing issue for the industry, and the efficient haulage of quarry products within the capacity of the road network is contributory to the sustainability of the development. Once the recognised deficiencies in the road network are addressed and a developer contribution imposed, the proposal to increase loads from 22 tonnes per truck to 32 tonnes per truck can be accommodated and the number of potential truck movements minimised accordingly. Alternative transport opportunities are not available to the development and all freight is to be hauled by road accordingly. SECTION 79C (1) (a) (ii) - ANY PROPOSED ENVIRONMENTAL PLANNING INSTRUMENT: There are no relevant proposed instruments that are or have been the subject of public consultation under the EP & A Act, or that have been notified to the consent authority or otherwise directed by the Director-General. As such this section is not relevant to Council’s assessment of the DA. SECTION 79C (1) (a) (iii) – ANY DEVELOPMENT CONTROL PLAN: The Bellingen Shire Development Control Plan 2010 (‘DCP’) applies to the land. The DCP contains a series of chapters, with each chapter dealing with a different aspect of development within the Shire. The following chapters are discussed as relevant to the proposed development. Chapter 5 – Carparking and Vehicular Access Schedule 5.1 of the DCP provides for the provision of on-site car parking in association with development, and prescribes car parking for extractive industries to be developed at the rate of one space per two employees. With three staff currently employed and an additional two proposed, a total of three car parking spaces are consequently required to be developed on-site to facilitate the development. The existing quarry operation provides car parking on the quarry floor, generally to the north of the front entrance. Such spaces are not formalised through signposting, line marking or hard-stand areas and should be clearly marked and designated. Schedule 5.1 of the DCP also requires sufficient space on-site to permit the maximum size cartage vehicles associated with the development to enter and leave the site in a forward gear. Sufficient manoeuvring space is available on the quarry floor to facilitate this requirement, but must be kept clear of obstructions such as stockpiles and plant to ensure compliance. According to Council’s Asset Management and Design staff, it will be necessary [for the proponent] to provide a plan showing truck loading zones and manoeuvring of trucks with appropriate sweep paths including access for a ‘front-in and front-out’ operation. The development of and compliance with such a plan may be the subject of a condition of development consent. Clause 5.6.2 of this chapter provides that surfacing standards above the minimum all-weather two-wheel drive standard for parking areas and driveways may be required for additional traffic generating development that is located in Rural Zones. On this matter, and having regard to (a) the likely levels and types of traffic generation; (b) the adjoining unsealed road network; and (c) the use of the site for quarry operations, a higher surfacing standard to that currently developed on-site is not required. Parking and vehicular access were considered by Council’s Asset Management and Design staff and their comments are provided below. Comment:

There are existing on-site parking spaces to the north of the access point that are in reasonable condition. It is considered that the parking area does not need to be upgraded. It will be necessary to provide a plan showing truck loading zones and manoeuvring of trucks with appropriate sweep paths including access for a ‘front-in and front-out’ operation.


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No vehicles should be permitted to queue outside the quarry gate within Council’s road reserve, as this would pose a risk to vehicles approaching the quarry especially due to the poor sight distance around the curve at the approach to the existing quarry entrance Chapter 10 – On Site Sewage Management A cesspit and closet structure for the quarry was approved on 10 November 1997 to be developed in the road reserve under Activity Application No. 97382. This facility will require decommissioning and an alternative system approved for the land. Reference should be made to the Senior Health and Building Surveyor comments provided under “Engagement” in this Report for further details. Chapter 11 – Advertising and Notification of Development Applications As previously described, the DA was advertised and notified pursuant to Chapter 11 of the DCP and clause 89 (3) (a) of the Environmental Planning and Assessment Regulation 2000 for a period of 30 days from 11 April 2013 to 10 May 2013 inclusive. A total of fourteen submissions were made in relation to the proposal during this period while two submissions and petitions both for and against were submitted to Council after the expiration of the statutory exhibition period. No submissions received by Council in the statutory exhibition period were in favour of the proposed development. The submissions received during and post exhibition period are considered in this report under the heading Section 79C (1) (d) – Any submissions made in accordance with this Act or the Regulations provided below. Chapter 12 – Stormwater The proposed development is described as “Non domestic rural development” for the purposes of Table 12.1 of the DCP. A prescriptive stormwater quality treatment level is therefore not stipulated, with all stormwater to be subject to treatment “Dependent upon scale of development, amount of impervious area and sensitivity of receiving environment.” Sediment basins have been developed on-site in the quarry floor and a stormwater diversion mound constructed above the quarry face to divert overland flows around disturbed areas. Overflow from the sediment basins is currently directed to a gully head situated above Crown Reserve 90892 for Public Recreation. Section 120 of the Protection of the Environment Operations Act 1997 provides that “A person who pollutes any waters is guilty of an offence.”

Accordingly the EPA has considered the discharge of stormwater from the site in its general terms of approval for the issue of a licence under the Protection of the Environment Operations Act 1997, including the operating performance and ongoing management of the sediment basins and diversion mounds. The EPA considered that the use of upslope diversion and sediment basins must be maximised, with all stormwater in the sediment basins to be treated to ensure that:

the total concentration limit of suspended solids being discharged does not exceed 50 mg/L;

the total concentration limit of acidity or basicity is between 6.5 and 8.5 pH; and

there is no discharge of oil and grease.

Relaxations are afforded to the above in periods of high rainfall, although the pollution of waters by any other pollutant was not authorised. All discharges at the overflow point of the sediment basin are required to be monitored prior to and during controlled / scheduled discharges, with records to be kept by the proponent for a minimum of four years for inspection by the EPA. In addition to the EPA requirements, Trade and Investment NSW have specified that stormwater or other drainage discharges may not be directed onto the adjacent Crown land,


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being Crown Reserve 90892 for Public Recreation. All stormwater must subsequently be discharged on-site or to the Council road in a controlled, nuisance and scour free manner. The above measures are considered adequate for the development having regard to the proposed and existing land use, the pervious nature of the site and the receiving environment. SECTION 79C (1) (a) (iii) – ANY PLANNING OR DRAFT PLANNING AGREEMENT: No planning agreement has been entered into or offered to be entered into under Section 93F of the EP & A Act for the land the subject of the DA. Accordingly this section is not relevant to Council’s assessment of the development. SECTION 79C (1) (a) (iv) – THE REGULATIONS: There are no relevant matters prescribed under Part 6 Division 8 of the Environmental Planning and Assessment Regulation 2000 for the purposes of this DA. SECTION 79C (1) (a) (v) – ANY COASTAL ZONE MANAGEMENT PLAN: The proposed development is not situated on land that is subject to a coastal zone management plan within the meaning of the Coastal Protection Act 1979. SECTION 79C (1) (b) – THE LIKELY IMPACTS OF THAT DEVELOPMENT:

Traffic and road issues Traffic and road issues were considered by Council’s Asset Management and Design staff as provided below.

Comment:

Background to local roads accessing the quarry

Old Coramba Road South and Old Coramba Road (North) are public roads for which Council is the Roads Authority. The length of these roads between Waterfall Way and the quarry entrance is approximately 3.1km. The road carriageway for Old Coramba Road South is sealed and approximately 6m wide with a speed restriction of 50 kph. Old Coramba Road (North) has a sealed carriageway through until the Dorrigo Waste Centre. Past the Dorrigo Waste Centre Old Coramba Road (North) is of gravel construction of varying quality and width. Intersections Old Coramba Road South contains a number of intersections as shown in Table 1 below: Table 1 : Details and locations for intersections along Coramba Road South

Intersecting St Chainage (m)

Traffic Control signage Intersection treatment

1.Waterfall Way 0 None (Implied Old Coramba Road South gives way to Waterfall Way)

‘T’ intersection

2. Cofton close 180 None (Implied Cofton Cl gives way to Old Coramba Road South)

‘T’ Intersection

3. Old Coramba Road (North)

650 None (Implied that northern leg of Old Coramba Road South gives way to the through section of Old Coramba Road South and Old Coramba Road (North))

Triangular intersection layout

4. Quarry Access 3100 Uncontrolled Continuation of road alignment

The section of Old Coramba Road South from Waterfall Way to just east of Cofton Close is fronted by residential lots along the southern side of the road with direct access off Old Coramba Road South. The remainder of Old Coramba Road South passes through a rural area with some accesses to rural lots.


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Old Coramba Road (North) passes through a rural area with some accesses to rural lots. There is also an access to Dorrigo Waste Centre east of the intersection of Old Coramba Road South. Old Coramba Road South – Waterfall Way intersection.

The existing (1994) development consent for the site required construction of a ‘Type B’ intersection for Old Coramba Road South at Waterfall Way. It appears that this upgrade may be deficient in width over a short length along the western side of Waterfall Way to the north of the centreline of Old Coramba Road South. Installation of an urban basic left turn treatment (BAL) may require widening of the left lanes to enable the design vehicle to turn into the minor road without crossing the centreline of the minor road and vice versa. A primary school fronts the western side of Waterfall Way about 70m to the south of Old Coramba Road South intersection. Old Coramba Road South – Old Coramba Road (North) intersection

The intersection between Old Coramba Road South and Old Coramba Road (North) has a poor alignment with the northern section of Old Coramba Road South giving way to the southern section of Old Coramba Road South and the eastern section of Old Coramba Road (North). Traffic consultants ‘Constructive Solutions’ were engaged by the proponent to assess the intersection and recommended that the intersection be configured into a standard ‘T’ intersection with BAL/BAR provisions. It is considered that this change may cause confusion for some motorists with the higher volume of traffic using the through section of the southern part of Old Coramba Road South and the eastern section of Old Coramba Road (North) compared to the northern section of Old Coramba Road South. This situation will be intensified with the proposed increase in quarry traffic along the through section of Old Coramba Road South and Old Coramba Road (North). Consequently some minor changes will be required to maintain and clarify the current arrangement by the provision of a splay widening, signage and linemarking to better define the current intersection control. Old Coramba Road (North) – Quarry access

The only vehicular access to the site is at the termination of the formed section of Old Coramba Road (North) and is in effect an extension of the alignment of Old Coramba Road (North). The road at the access to the site is a 10.2m wide gravel surfaced road in a fair condition. The available sight distance where the site access meets Old Coramba Road (North) is about 50 metres and is limited by a 90 degree bend in Old Coramba Road (North). Given that the quarry accesses Old Coramba Road (North) at its termination, there are no conflicting traffic flows and no upgrade of the site access is necessary. There is however a need to provide a turning area for non-quarry vehicles prior to the entrance to the site. Traffic Assessment

Council and RMS raised a number of matters for consideration in relation to the proposed development. These were:

The history of traffic volume and accidents for the road network used by the quarry;

The impact of additional traffic on the intersection between Waterfall Way and Old Coramba Road South, while considering its close proximity to the school zone;

sections of Old Coramba Road South and Old Coramba Road (North) are restricted in terms of sight distance and safety;

access to the quarry site hasn’t been addressed; and


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potential traffic hazards along Old Coramba Road South and Old Coramba Road (North) at intersections and accesses need to be investigated and appropriate traffic regulatory measures identified.

A report addressing the above matters was submitted by Constructive Solutions Pty Ltd in support of the application. ‘Constructive Solutions’ carried out a traffic survey at the intersection of Waterfall Way with Old Coramba Road South between 2:30pm and 3:30 pm. Counts of both light and heavy vehicles was undertaken as part of the survey. The report provided the following traffic increase estimates as a result the proposed development:

An increase in heavy vehicle movement from 200 to 400 per week;

An increase of between 12 and 20 light vehicle movements per day;

An increase in the load carried per trip from 22 to 32 ton using the existing 6 axle truck and dog configuration.

‘Constructive Solutions’ found that total traffic flow at the Waterfall Way intersection was below the Austroads threshold to trigger the requirement for intersection capacity analysis and therefore did not undertake intersection analysis. ‘Constructive Solutions’ did however identify potential hazards and risk factors involved under existing and post development scenarios and suggested control measures including road signage, line marking, guide posts, formation widening and establishment of pull over areas. RMS undertook intersection analysis using the ‘Constructive Solutions’ traffic data, and as a result recommended a requirement for an Austroads BAR right-turn and a BAL left-turn treatment for the Waterfall Way intersection. Roads and Maritime Services Comments RMS provided comments on the development proposal for consideration by Council in a letter dated 15 August 2013. Council agrees with the comments (i) and (iv) from RMS. The intersection of Old Coramba Road South with Waterfall Way should be upgraded to a Austroads Type BAL left turn and BAR right turn treatment to cater for the increased traffic volumes and larger vehicles associated with the development. RMS raised concerns in comments (ii) and (iii) about a loss of parking outside of the school associated with the Waterfall Way intersection upgrade and consequent safety issues for children. A Council site inspection showed that a ‘No Stopping’ zone currently exists on the western side of the intersection and it is likely that the upgraded intersection works will lie entirely within the existing ‘No Stopping’ zone. Accordingly the intersection upgrade will not result in any loss of parking outside of the school. RMS also raised concerns about the suitability of the parking lane pavement to support the additional loading. This will be confirmed during the detailed design phase of the intersection upgrade, however at this stage, no further consideration of RMS comments (ii) and (iii) is considered necessary. RMS also provided a comment (v) relating to the need for development contributions to provide for future maintenance of the road network. The current determination of a regular contribution under the existing quarry development for maintenance of the local road network is considered to be appropriate as it is based on the mass of material extracted from the quarry operation. Consequently the existing contribution arrangement should continue. Bridges on Old Coramba Road (North) Bridges on Old Coramba Road (North) are shown in Table 2 below: Table 2 : Details and locations for bridges along Old Coramba Road (North)


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Feature being bridged Chainage (m from Waterfall Way) Bridge construction type

Rocky Creek 2500 Two span timber bridge

Euroka Creek 2700 Single span timber bridge

Both bridges were constructed by EMS around 1996 and became Council assets under the previous development consent for the quarry. Bridge assessment McKenzie Burridge & Associates assessed the condition and load carrying capacity of Rocky Creek Bridge and Euroka Creek Bridge. A site inspection found that Rocky Creek Bridge has a number of faults; i.e. undersized, fire damaged and deteriorated girders as well as the need for some maintenance. The Euroka Creek Bridge was found to be in reasonable condition, though some deck running boards and cross deck require replacement. Both the bridges were assessed in their current condition for compliance with AS5100 M1600 loading, Austroads T44 loading and their ability to carry the truck loads currently being used at the quarry. The assessment found that:

The bridges are in need of maintenance with a number of structural elements needing replacement.

The bridges do not comply with the current Australian Standard AS5100 which only came into effect in 2004.

The southern span of Rocky Creek Bridge does not have sufficient capacity for the current loading applied to it when the required factors of safety required by the Australian Standards are applied.

The capacity of the northern span of Rocky Creek Bridge and Euroka Creek Bridge are suitable for the actual loading applied.

Consequently, both bridges will need to be upgraded to comply with Australian Standard AS 5100 and it is considered appropriate that the upgraded bridges should be designed to accommodate T44 loading in accordance with the 1992 Austroads Bridge Design Code. The location of the bridges is such that they are almost exclusively provided to serve access to the quarry. There are no other property owners who need to use the section of road containing the bridges to gain legal access to their properties. Consequently it is considered appropriate that the bridges be upgraded at no cost to Council. Timber bridges with their associated low durability, low life expectancy and need for high frequency routine maintenance, particularly under high heavy vehicle traffic volumes, are not considered to be appropriate to serve the increased quarry operation. In addition the bridges are in a remote location and have been vulnerable to vandalism, as occurred with the lighting of a fire on one of the timber bridge decks. Timber girder bridges were traditionally constructed during earlier development in the Shire because of the widespread availability of good quality timber. Council is now experiencing widespread problems in maintaining the current stock of timber girder bridges and there has been the need to undertake extensive repairs and maintenance to a number of timber bridges in recent times. Council’s Road Asset Management Plan adopted in June 2012 includes, with regard to the level of service for bridges that “Council aims to replace deteriorated bridges with structures that are durable and have a long life cycle”. In this regard the majority of bridges that have been reconstructed in the last 20 years by Council have been replaced with either reinforced concrete or composite concrete-timber “Doolan Deck” structures, which are much more durable than timber girder style bridges.


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Consequently the bridges will need to be upgraded to a more contemporary construction standard that requires minimal maintenance, preferably in reinforced concrete. Soils and geological issues Surface, geological and soil characteristics at the quarry site were assessed under Development Application No. 2955 and were used to inform the structural integrity of the final quarry profile, surface drainage and sediment control measures, re-vegetation and rehabilitation measures. The EPA has subsequently considered the acceptability of the impacts of the proposed intensification of quarry operations on soils and has provided general terms of approval detailing mitigation strategies during the operation of the proposal to control soil and geological impacts. Water issues Potential sources of water pollution include increased turbidity due to sediment loss and erosion from stockpiles and other disturbed areas, sewage, plant and equipment, and fuel storage. The drainage and sediment management system, including the monitoring of water quality controls to ensure their correct operation and effectiveness, is the subject of general terms of approval issued by the EPA for the proposed development. Oil and grease emissions from the operation and wash-down of plant and the bunding of fuel storage vessels have also been addressed by the EPA. The disposal of effluent on-site is currently via a Council approved pit toilet which is recommended to be decommissioned and remediated, with all on-site effluent to be disposed via portable toilet facilities. Air quality issues Extractive operations at hard rock quarries such as the Megan quarry have the potential to generate emissions of particulate matter to the atmosphere. Sources include the operation of quarry plant, blast campaigns and transport operations as well as wind-blown dust from open surfaces and stockpiles. These matters are considered in the SEE, with the general terms of approval issued for the development by the EPA providing that “Activities occurring in or on the premises must be carried out in a manner that will minimise the generation or emission from the premises of wind-blown or traffic generated dust,” and that “Trucks entering and leaving the premises that are carrying loads must be covered at all times, except during loading and unloading.” The existing development consent provides a number of mitigation and management measures to control the generation of dust, including:

erosion and sediment control measures as provided by condition 3 (b) and bonded by condition 12 (a);

the use of a water tanker to suppress dust on the unsealed section of Old Coramba Road (North) as provided by condition 17;

the stockpiling, consolidation and rehabilitation of topsoil and overburden in accordance with the Site Management and Operation Plan; and

the progressive and staged rehabilitation of the site in accordance with the Site Management and Operation Plan.

In addition to the above, the proponent operates crushing and screening processes with water sprays.

The measures to control air quality issues provided in the SEE, the existing development consent and the general terms of approval were considered by Council’s Senior Health and Building Surveyor and found to be satisfactorily addressed. Noise and blasting issues The frequency of blasting under the current development consent is controlled by the annual limitation imposed by Council on extraction rates. Hence with the proposed intensification of


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extraction rates comes intensification in the frequency of blasts, from typically 2-3 campaigns per year to approximately 6-8 campaigns per year. There is no proposal to increase the size of the blasts currently undertaken by the proponent. Proposed blasting operations are the subject of a number of conditions in the general terms of approval issued by the EPA for the DA. These conditions address hours of operation, neighbour notification, and permissible overpressure levels and ground vibration peak particle velocities from blasting operations. As provided above in this Report, calculations of blast impacts contained in the SEE and current recorded blast monitoring data establish that the proposed blasting operations fall within the limitations of the EPA’s general terms of approval and constitute an orderly use of the land. Noise limits from the premises must not exceed 35dB(A) at all affected residences pursuant to condition 5 of the existing development consent. This restriction is consistent with the noise limits comprising the general terms of approval issued by the EPA for the DA, which provide that noise from the premises must not exceed an LAeq(15 minute) noise emission criterion of 35dB(A) as measured at the most affected residential receiver that has not given written permission otherwise (with certain meteorological conditions excepted). Based on calculations adopting “the worst case in terms of a likely operational scenario” for the operation of plant under the DA, the SEE demonstrates that the prescribed limits may be met in all circumstances with the exception of the nearest affected residence, where 37dB(A) was modelled. The SEE provides that the “calculation is simplistic and doesn’t take into account any other topographic effects of the landscape between the quarry and the receiver, nor does it allow for ground absorption” or variances in atmospheric conditions. Under the assessed conditions there is the potential for a 2dB(A) exceedance which will require ongoing management by the proponent. A planning principle enunciated by the Land and Environment Court in Stockland Developments v Wollongong Council and others [2004] NSWLEC 470 concerning attenuation of such impacts is in the following generalised terms:

“6. As a general planning principle, where there is conflict between a noise source and a sensitive receptor preference should be given to the attenuation of any noise from the source rather than at the sensitive receptor.

This is true whether the noise source generated by a proposal is a new noise and the receptor exists or the noise generator exists and the receptor is a proposed use. In deciding whether the noise should be attenuated at the source, consideration should be given to the degree of conflict between the appropriate noise goals, the difficulty and cost associated with treating the noise at the source, the willingness of the noise generator to be treated and the potential amenity impacts associated with noise attenuation at the receptor. Depending on the circumstances of the case, the cost of attenuation measures may be borne by either party or shared between them, irrespective of the location”.

Road noise and vibration from quarry traffic was separately measured in the SEE as required by the 2011 Department of Environment, Climate Change and Water’s NSW Road Noise Policy. The impact was measured at residences adjacent to Old Coramba Road South, with the calculations providing that, on a busy day, noise levels would not exceed the Department of Environment, Climate Change and Water’s nominated road noise criterion. Flora and fauna issues The proposed development will not result in the direct loss of any vegetation, including pastoral grassland and native flora. The DA seeks to intensify the rate of extraction and processing of quarry products but does not alter the physical geographical boundaries of extraction approved under Development Application No. 2955. Potential ecological impacts to native fauna as a result of the DA are considered to be injury or mortality through traffic collision, and displacement through noise and vibration. Such impacts

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2004/470.html


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are negligible in the context of existing traffic (e.g. along Waterfall Way) and existing quarry operations which utilise all of the plant and processes proposed in the DA. Heritage issues As considered in response to the Mining SEPP, the proposed development has no adverse effect on environmental heritage (indigenous and non-indigenous). The proposed development does not expand the area of quarry operations approved under Development Application No. 2955 and the site and adjoining lands do not contain heritage items, areas or sites as prescribed in Schedule 5 of the BLEP. Visual issues Visual impacts were fundamentally assessed by Council in its determination of DA- 2955. Plant of the existing capacity is proposed to be operated on the quarry floor and no night operations are proposed that could produce lighting impacts. The proposed new tanks are situated in elevated positions above the quarry floor and are consistent with the developed rural landscape. Coastal issues The extractive industry is not undertaken within the coastal zone and there are no coastal issues relevant to the proposed development accordingly. Hazards issues The potential hazards faced by the proposed development are consistent with the existing potential hazards experienced on-site, including the use of explosives, the potential for landslip or subsidence, and the potential to accidentally release fuels into the environment. All of these matters as relevant to Council’s assessment of the DA were considered and addressed through conditions of development consent under Development Application No. 2955, or are within the ambit of the general terms of approval issued by the EPA. The quarry lease site is not flood liable. The development is on bush fire prone land and is subject to the provisions of section 79BA of the EP & A Act which provides that “development consent cannot be granted for the carrying out of development for any purpose on bush fire prone land unless the consent authority … is satisfied that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection.” The conduct of quarrying activity to date has fundamentally altered the bush fire hazard applying to the land and will further reduce the extent of the hazard granted ongoing extraction and denudation. The aim and objectives of Planning for Bush Fire Protection apply to the proposed development and are met as follows:

all quarry assets are provisioned with maintained and defendable asset protection zones;

safe operational access and egress for emergency service personnel and quarry staff to and around the site exist; and

a 20,000 litre water supply is available on-site near the southern boundary of the quarry lease.

Social and health issues Potential changes in the air quality, noise and vibration regime have been addressed above and are not considered to adversely affect the health of the community to any extent that constitutes relevant grounds of refusal. There exists the potential for adverse impacts on the health of the community from changes to safety on the roads, in particular the students of Mount St John Catholic School. The road network utilised by proposed quarry traffic was accordingly assessed and found to require works and ongoing management to mitigate the hazard. These works are detailed in the “Officers Recommendation” below.


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The proposal to run a maximum of 400 heavy vehicle movements per week along the Waterfall Way from the intersection of Waterfall Way and Old Coramba Road South to the Pacific Highway and back may have adverse social impacts through increased travel times and changes in amenity to urban areas adjoining the Waterfall Way. These vehicle movements are, however, within the authorised haulage limits applying to the Waterfall Way. There are no medium or long term social impacts as a result of changes in employment patterns attributable to the proposed development. Economic issues The Pacific Highway Upgrade Program is generating market demand for hard rock resources in our region, as forecast in the Environmental Impact Statement (‘EIS’) accompanying Development Application No. 2955. In the event that the Megan quarry is awarded the tender to supply the Pacific Highway Upgrade Program, then the local economy of Dorrigo would gain an anticipated two jobs and benefit from associated spin-offs. The broader community would also benefit from the economic delivery of materials to the Project. It is recognised that there will be the need to upgrade road infrastructure from the quarry up to and including the intersection with Waterfall Way in order to undertake the proposed development. The cost of such works is to be borne by the proponent, and a developer contribution levied for the maintenance of the local road network. A performance bond is also held by Council for the life of the development to ensure that, amongst other things, civil works are fulfilled and damage to roads, bridges or culverts may be rectified at the proponent’s expense. There are no medium or long term impacts on property values arising through the development proposal, and any potential adverse impacts that may exist concerning the real estate market are limited to a period of approximately three years via recommended conditions of development consent. Cumulative issues Cumulative impacts may result from a number of activities with similar impacts interacting with the environment in a region. They may also be caused by the synergistic and antagonistic effects of different individual impacts. No cumulative issues have been recognised through the assessment of the DA. SECTION 79C (1) (c) – THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT: The suitability of the site for the development has been discussed in previous sections of this Report, and in particular to the provisions of the Mining SEPP. The proposed development constitutes alterations and additions to an existing hard rock quarry. The quarry is situated in a relatively isolated location in that there are few dwellings and potentially other sensitive land uses in its immediate vicinity. Traffic to the quarry is via a no through road that terminates at the quarry entrance. This road has been considered in the DA and assessed by Council’s Asset Management and Design staff as being suitable to accommodate the proposed traffic impacts subject to the proponent undertaking certain prior works. There are no heritage or flora and fauna issues associated with the development, and where adverse environmental impacts have been recognised, they are demonstrated and assessed as being capable of being mitigated to an extent commensurate with the principles of ecologically sustainable development.


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SECTION 79C (1) (d) – ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS: During the public exhibition period a total of fourteen submissions were made in relation to the proposed development. It is these submissions which Council must take into consideration in determining the development application. Under the provisions of Section 79C (1) (d) of the EP & A Act, the two submissions and petitions received outside the exhibition period are not matters to be taken into consideration in determining the DA. The matters raised in those submissions are, however, incorporated into the summaries below, with signatories to the respective petitions being 120 for and 149 against. A notice was published in the Courier Sun, Wednesday 21 August 2013, acknowledging Council’s receipt of the petitions and advising the public of the likelihood that the application will be determined by Council at its Ordinary Meeting to be held on 28 August 2013. The matters raised in the submissions are summarised below and commented on in turn, with copies of all independent submissions and petitions to be tabled at the Ordinary Meeting of Council. (A copy of all submissions is included as Attachment B to this report). Traffic generation and Impacts on roads Submission: Increased heavy vehicle traffic associated with the proposed development will increase the risk of vehicular accidents.

Comment:

The proposed development seeks to double the legally permissible number of haulage movements from the site from 100 to 200 laden truck movements per week. The impact of this proposal on the road network was the subject of a Road Safety Risk Assessment prepared by EMS in July 2013 as assessed by Council and the RMS, and a bridge assessment for the bridges developed on Old Coramba Road (North). A number of improvements were recognised through this process as being required to be undertaken to improve the efficiency and safety of the road network utilised by quarry traffic. Where these improvements are implemented, the risk of vehicular accidents resulting from quarry traffic is considered to be satisfactorily ameliorated. Submission: Increased heavy vehicle traffic associated with the proposed development will adversely affect the safety of school children.

Comment:

Heavy vehicle traffic to and from the Megan quarry will traverse school bus routes and the Waterfall Way fronting Mount St John Catholic School. They will also be in proximity to a Family Day Care operated at 38 Karabin Street. The RMS has submitted to Council that the junction of the Waterfall Way and Old Coramba Road South be upgraded, but advised that such works “could have a serious impact on school children safety, operations, buses and on-street parking without mitigation measures being implemented.” The works recommended by RMS are supported by Council’s Asset Management and Design staff as being necessary for the safe and efficient operation of the road network granted the approval of the development. The concerns raised by the RMS that the development would affect parking adjacent the School’s frontage with consequent safety issues were subsequently investigated by Council’s Asset Management and Design staff as provided below.

“RMS raised concerns in comments (ii) and (iii) about a loss of parking outside of the school associated with the Waterfall Way intersection upgrade and consequent safety issues for children. A Council site inspection showed that a ‘No Stopping’ Zone currently exists on the western side of the intersection and it is likely that the upgraded intersection works will lie entirely within the existing No Stopping zone. Accordingly the intersection upgrade will not result in any loss of parking outside of the school. This will be confirmed during the detailed design phase of


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the intersection upgrade, however at this stage, no further consideration of RMS comments (ii) and (iii) is considered necessary.”

The local and classified road network the subject of Megan quarry traffic has been assessed by the RMS and Council’s Asset Management & Design staff respectively, and considered adequate granted the carrying out of certain works prior to undertaking the proposed development. The safety and operational efficiency of the Waterfall Way was considered by the RMS through the referral of the development application. The submission to Council from the RMS did not raise any issues for Council’s consideration with regard to the impact of the proposed development on bus movements on Waterfall Way beyond those in the vicinity of the Mount St John Catholic School. With respect to the Family Day Care Centre, 38 Karabin Street is situated to the north of the intersection of Waterfall Way and Old Coramba Road South. Traffic associated with the proposed intensification of quarry operations will turn south along Karabin Street (Waterfall Way) towards the Pacific Highway and the Nambucca Heads to Urunga upgrade. As such, no adverse impact to the safety of users of the Family Day Care is foreseen. Submission: Increased heavy vehicle traffic on Waterfall Way associated with the proposed development will increase congestion and travel times along Waterfall Way.

Comment:

The proposed development will direct quarry trucks along Waterfall Way from its intersection with Old Coramba Road South to the Pacific Highway. This road is one-lane each way and provides for limited overtaking opportunities. Currently approximately 30% of quarry products are transported east of Dorrigo along Waterfall Way which is sealed but relatively narrow and has steep, winding sections. Under the DA, the “majority” of heavy vehicle movements from the quarry will transport product east along Waterfall Way for a period of three years. This begs the question: “what sort of delays are acceptable?” as delays to the Waterfall Way will invariably be incurred granted approval of the development and where supply to the Pacific Highway Upgrade Project is awarded to the proponent. The potential for delays arising from the proposed increase in heavy vehicle traffic along this route was not raised with Council as a matter for consideration in the RMS’ submission to the DA and it is not considered one that constitutes relevant grounds of refusal having regard to the certification of the Waterfall Way for the proposed truck configuration and loading. Submission: Heavy vehicle traffic associated with the proposed development should be precluded from Waterfall Way during the school bus timetable and controlled via restricted times.

Comment:

At the date of this report, Waterfall Way is:

an unconditional 4.6m high vehicle route;

not approved for road trains;

an approved unconditional B-double route west of Dome Road, Dorrigo, and east of Short Cut Road, Raleigh; and

an approved conditional B-double route west of Short Cut Road, Raleigh, and east of Darkwood Road, Thora.

Registered vehicles complying with the above are permitted to drive along Waterfall Way and it is invariably a strategic planning matter for the RMS, and a political matter thereafter, to provide otherwise.


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The referral response received by Council from the RMS recognised issues associated with the intersection of Waterfall Way and Old Coramba Road South, and its interface with the Mount St John Catholic School. No other matters were raised by the RMS concerning the safety and efficiency of the Waterfall Way. Hours and days of operation for the quarry are limited by the current development consent, with all loading relevantly to occur within the endorsed operational hours. This will limit the period within which heavy vehicles are despatched, but will not alleviate the shared use of Waterfall Way by vehicles associated with the quarry and those associated with schools in the Shire. Submission: Increased heavy vehicle traffic will increase the incidence of noise and dust pollution.

Comment:

The emission of dust from heavy vehicle movements associated with the quarry may be attributable to sediment on truck tyres and uncovered loads. As the floor of the quarry comprises the same material as that on the unsealed section of adjoining public road, the Site Management and Operation Plan provides that “there will be no net visual or environmental impacts” from the tracking of sediment on truck tyres that necessitate management procedures. It is further noted that approximately one kilometre of sealed road is required to be traversed by quarry traffic prior to reaching the residential zone comprising the Dorrigo township, which will serve to minimise the amount of sediment being tracked in proximity to sensitive receivers.

An assessment of the proposed development by the EPA has provided the following general terms of approval addressing the emission of dust from quarry traffic:

“01.1 Activities occurring in or on the premises must be carried out in a manner that will minimise the generation, or emission from the premises, of wind-blown or traffic generated dust.

01.2 Trucks entering and leaving the premises that are carrying loads must be covered

at all times, except during loading and unloading”.

Submission: Increased heavy vehicle traffic associated with the proposed development will degrade the road surface.

Comment:

In addition to doubling the legally permissible number of haulage movements from the site from 100 to 200 laden truck movements per week, the DA seeks approval for the right to increase the maximum capacity of laden truck movements from 22 tonnes per truck to 32 tonnes per truck. This will have an impact on sealed and unsealed road surfaces and both local and classified roads however according to Council’s Asset Management and Design staff, the impact of the additional load is mitigated where the number of “equivalent standard axels’’ is increased to spread the impact of that load. Heavy vehicle traffic attributable to the proposed development along the local road network is by way of Old Coramba Road South and Old Coramba Road (North). A contribution is currently levied by Council to alleviate the cost of this traffic that is otherwise incurred by constituents of the Shire, and Council can ensure the ongoing levying of this contribution at the proposed extraction rates through the imposition of conditions of development consent. Waterfall Way is a classified road of which the maintenance of the carriageway is the responsibility of the RMS. Submission: Increased heavy vehicle traffic associated with the proposed development will adversely affect pedestrian and cyclist activity along and over Old Coramba Road and in Bellingen and Fernmount. Locally pedestrian crossings and footpaths should be developed.

Comment:


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The impact of the DA on the local road network (i.e. Old Coramba Road (North) and South and their associated intersections) was the subject of a Road Safety Risk Assessment prepared by EMS. A number of hazards and deficiencies were identified in the risk assessment which compared current traffic levels to proposed traffic levels and provided a variance in risk rating between the two scenarios. Suggested control measures to mitigate the risk provided therein were appraised by the RMS and Council’s Asset Management and Design staff and were considered suitable to be addressed through the imposition of conditions of development consent. Insufficient nexus exists to impose any special conditions of consent relating to pedestrian and cycle movements in Bellingen or Fernmount or upgrading of pedestrian crossings and footpaths. Submission: Permissible traffic movements under the current Development Application No. 2955 are not being realised and the real impact of the development is a 9-fold increase to traffic movements associated with the quarry.

Comment:

The SEE provides that the approved annual maximum rate of extraction under Development Application No. 2955 of 47,000m3 (i.e. 117,000 tonnes) has not been realised to date, with actual quarry products produced at the quarry from and including 1997 reaching a peak in 1998 at 37,061 tonnes. Extraction rates over the past two years were 31,265 tonnes and 32,228 tonnes respectively, which is significantly under the 117,000 tonnes per annum approved and 300,000 tonnes per annum proposed. The quarry is endorsed to extract 117,000 tonnes per annum and it is the biophysical, social and economic impacts of the proposed intensification from this threshold to 300,000 tonnes per annum to which Council must have regard in determining the DA. The nine-fold increase to traffic movements discussed in the submission reflects the under-utilisation of the resource to date coupled with the proposed doubling of maximum permissible vehicle movements. The increase in traffic levels would, according to the SEE, “be noticeable, but not substantial, and would occur at the increased level for a period of approximately 3 years.” Submission: Traffic figures provided in the SEE pertaining to the change in truck movements on Waterfall Way are incorrect and understated (e.g. the percentage of vehicle movements are incorrect; the grouping of tonnage from 4.5 to 42.5 tonnes is misleading) and will change the profile of mountain traffic.

Comment:

The impact of the proposed development on the safe and efficient operation of the local and State road network was the subject of an additional information request to the applicant from the RMS and Council’s Division of Operations. This request culminated in two additional reports being submitted to Council on 23 July 2013. It is to these documents that the RMS and Council’s Asset Management and Design staff have had regard as provided in the “Engagement” section of this Report. As submissions closed on 10 May 2013, the additional information comprising the Road Safety Risk Assessment and Bridge Assessment were not available during the exhibition period. These documents are discussed under Section 79C (1) (b) of this Report. The profile of mountain traffic granted development consent is within the legal operational parameters applying to Waterfall Way. Submission: That current truck speeds through the 50kph zone and 40kph school safety zone are excessive.

Comment:


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Restricted speed limits that are in place along the road network are enforceable by law. In addition to this, and to ensure that drivers are conscious of their obligations in association with quarry activities, it is recommended that a code of conduct relating to the transport of materials on public roads be prepared and implemented by the proponent to address operational issues associated with quarry traffic. This has been recognised through Council’s assessment of the DA and the concerns raised by the public. Submission: That Old Coramba Road (North) be developed as a through road.

Comment:

There is no nexus between the proposed development and Old Coramba Road (North) to the north thereof. Quarry traffic associated with the proposed intensified extraction rate will be directed to the Pacific Highway upgrade project via the shortest route to the Waterfall Way, being south along Old Coramba Road (North). The opening of Old Coramba Road (North) as a through road would conceivably generate additional local traffic along the road, which is undesirable in the context of the development, and would be contrary to the existing development consent which provides that “the movement of trucks from the site must be south along Old Coramba Road to Main Road 76.” Submission: The proposed development will adversely affect access to and egress from the Rainforest Centre.

Comment:

This submission relates to the intersection of Waterfall Way and Dome Road, Dorrigo, which provides access from Waterfall Way to the Rainforest Centre at Dorrigo National Park. It is noted that no turning movements are proposed at this intersection. Roads and Maritime Services did not require any changes to this intersection through their consideration of the DA under the Mining SEPP and Infrastructure SEPP and its current layout is considered to be satisfactory to cater for the expected increase in traffic along this section of Waterfall Way as a result of the proposed quarry operations. Crown lands A submission from Trade and Investment NSW dated 17 June 2012 is considered under the Mining SEPP commentary provided in this Report. Economic impacts Submission: The proposed development will make the region far less attractive to visit and will have “far reaching and long term” adverse effects on tourism that may not quickly recover following the Nambucca Heads to Urunga bypass.

Comment:

Tourism is a major contributor to the economy of the Shire, with 253,000 visitors injecting a value of $62 million into the Shire in the four year period to September 2011 (Destination NSW 2011). With the vast majority of tourists accessing the region by car (78%), the safe and efficient operation of the road network is significant in providing access to the Shire and encouraging return visitations. Seaboard access to the Shire is predominately afforded by the Pacific Highway, with Waterfall Way providing a tourist route between the coast and the tablelands.

According to Council’s Manager, Economic and Business:

“The construction of the new Urunga to Nambucca Heads bypass will be one of the biggest construction projects undertaken within the Shire for many years. It will cause some inconvenience for some residents however its overall effect will see a long term positive benefit to the community by being part of the larger picture of improving the roads to our region.


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“The extension of the Quarry will add traffic to the Shire road system however the overall short term situation will lead to greater benefits in the long-term.”

Further to the above, quarry operations within which trucks may be loaded are proposed to be limited to the existing hours approved under Development Application No. 2955, being 7am to 5pm, Monday to Friday. This precludes the loading of trucks on weekends and minimises the potential for conflict between quarry generated traffic and events conducted in the Bellingen Shire.

Events are a major attraction to the Shire, and the following points provide a snap-shot of the events held and the days on which they are conducted.

The Bellingen Jazz Festival conducts some events on Friday afternoon and the majority on Saturday and Sunday;

Readers and Writers Festival operates on Friday evening, with the majority held on Saturday and Sunday;

Blue Grass Festival operates on Friday evening, with the majority held on Saturday and Sunday;

Markets such as Made in Dorrigo and the Bellingen Markets are held on a Saturday;

Toast Urunga is held on Sunday;

Camp Creative is held from Monday to Friday; and

Dragon Boat Race is conducted on Sunday.

The overwhelming majority of these events are undertaken on weekends and will not be affected by quarry traffic. Traffic data for the Waterfall Way collected by Council between 9:32am Thursday 11 October 2012 and 10:16am Wednesday 31 October 2012 at a distance of 60 metres north of the Thora shop provide the following: Westbound traffic

20,691 westbound vehicles traversed the road in the 21 day period

19,321 were light vehicles within the Austroads classification (i.e. cars or cars towing)

1,370 were heavy vehicles within the Austroads classification (i.e. two axle trucks or buses and greater)

Heavy vehicles comprise 6.6% of the westbound traffic

The proposed development will increase heavy vehicle movements in a westbound direction by a maximum 300 per 21 days (100 per week x 3 weeks = 300 movements)

This increases heavy vehicle movements to 1670 over the 21 day period, being a 21.9% increase to westbound heavy vehicle traffic and a 1.45% increase to westbound vehicle traffic.

Eastbound traffic

20,815 eastbound vehicles traversed the road in the 21 day period

13,701 were light vehicles within the Austroads classification (i.e. cars or cars towing)

7,114 were heavy vehicles within the Austroads classification (i.e. two axle trucks or buses and greater)

Heavy vehicles comprise 34.18% of the eastbound traffic

The proposed development will increase heavy vehicle movements in an eastbound direction by a maximum 300 per 21 days (100 per week x 3 weeks = 300 movements)

This increases heavy vehicle movements to 7,414 over the 21 day period, being a 4.22% increase to westbound heavy vehicle traffic and a 1.44% increase to westbound vehicle traffic.


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As provided in the Statement of Environmental Effects, “The increase in traffic levels would be noticeable, but not substantial, and would occur at the increased level for a period of approximately 3 years.” Submission: The proposed development will have a detrimental effect on local property values.

Comment:

The quantities of construction materials proposed to be produced under the DA are intended to supply the Pacific Highway Upgrade Program, specifically the NH2U project. Supply of product from the Megan quarry for this project is anticipated to occur over a period of approximately three years, following which extraction rates will return to domestic levels. It is unlikely that any adverse effects will be exerted on real estate values as a result of the proposed development during the highway upgrade period, and no adverse effects are anticipated post project. Council has no conclusive evidence to support the position raised in the submission. Submission: The proposed development will adversely affect the amenity and commercial viability of the main street of Bellingen.

Comment:

Hyde Street through Bellingen is an approved conditional B-double route and an unconditional 4.6 metre high vehicle route. Haulage from the Megan quarry is proposed to be via a truck-and-dog configuration, which is within the range of vehicle types authorised to traverse along the Street. Hyde Street itself is a Council public road and part of a classified road that connects the seaboard to the tablelands; and it is invariably due to the higher traffic yield on this road that the Bellingen CBD has developed in its current place. Traffic volume data compiled by the Roads and Traffic Authority in 2004 provides an Annual Average Daily Traffic count of 8,437 for Waterfall Way, Bellingen, as measured east of Church Street. Without having regard to the likely increase in vehicle movements in this locality through time, the proposed injection of quarry traffic constitutes an increase of less than one percent, or 20,800 vehicle movements per annum, to the 3,079,505 annual movements collated in 2004 at this location. Traffic associated with the DA is proposed to run over a period of approximately three years, and having regard to the traffic count above, will not exert any long or medium term adverse effects on the amenity of Hyde Street or the commercial viability of businesses in the Bellingen CBD. Commercial development is not considered noise sensitive development subject to the noise

assessment criteria provided under the (former) Environment, Climate Change and Water’s

2011 NSW Road Noise Policy.

Residential land uses such as shop top housing on Waterfall Way, being a sub-arterial road,

would be subject to an assessment criteria of LAeq, (15 hour) 60 dB(A) (external) under the

NSW Road Noise Policy.

The Statement of Environmental Effects contains calculations for traffic noise impacts along Old

Coramba Road South which provide that the traffic will not exceed 55dB(A) at this location.

This is along a local road network where background noise levels are lower and traffic speeds

higher than those experienced and expected on Waterfall Way in the Bellingen Central

Business District.

Submission: Any increase in the number of jobs created by the proposed development will not be ongoing (i.e. they will be limited to the NH2U Pacific Highway upgrade project) and will be significantly outweighed by the economic disbenefits.


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Comment:

It is anticipated that any jobs created through the proposed development will be limited to the duration of the NH2U project. The regional demand for quality hard rock product will peak during the course of this planned project, with all associated construction jobs generated being inherently linked to this spike in productivity. Economic disbenefits for local businesses may be an effect of the proposed development, having regard to the volume of quarry traffic along Waterfall Way and Hyde Street, but any such negative impacts are not supported by evidence in the submissions and may be equally argued in the converse. The fact that potential adverse economic impacts can be linked to a proposed three year intensification of heavy vehicle movements provides that it is temporally short-term. Intensification of quarry processes will facilitate the Pacific Highway Upgrade Program that is developed to improve road safety and alleviate current and projected constraints on transport infrastructure, accessibility and efficiency. During the course of the project jobs are forecast to be created both at the quarry and as a result of quarry operations. Economic impact can also be appreciated with reference to the cost of road accidents. A historical crash analysis undertaken by Sinclair Knight Merz for the area covered by the proposed Warrell Creek to Urunga upgrade, between the years 2003 to 2007, identified that a total of 229 accidents were recorded in that period.

The economic and social costs of these road crashes is significant, with the Bureau of Infrastructure, Transport and Regional Economics (2009) estimating a set of average cost of road crashes for the following categories for NSW for an individual as follows: Fatality: $3,180,598* Serious injury: $316,869* Injury: $17,511*

*Adjusted to current 2011 Quarter 3 prices as per the NRMA’s Cost of Road Crashes, March 2012.

Upon the completion of the Warrell Creek to Urunga Pacific Highway project a positive economic forecast is anticipated for the Shire and community on the back of enhanced transport outcomes. Submission: The Megan quarry contributes to the local economy of Dorrigo by sourcing parts, services and jobs locally, and the Shire through the provision of quality and economical quarry products for road upgrade and maintenance projects. An approval of the proposed development will further these benefits.

Comment:

The above matters were raised with Council after the close of the exhibition period and were not made in accordance with the EP & A Act or its Regulation. Nonetheless, the potential positive impacts associated with the development are noted. Pollution impacts Submission: The proposed development will generate adverse noise and air pollution including vibration and dust emissions from vehicles and quarry operations.

Comment:

The concerns raised here are addressed elsewhere in this Report, and specific reference should be made to the “Engagement” section, including the responses from Council’s Senior Health and Building Officer and the EPA. Submission: Excessive noise from compression breaking.

Comment:


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As provided above, it is recommended that a code of conduct relating to the transport of materials on public roads be prepared and implemented by the proponent to address operational issues associated with quarry traffic. Operational issues Submission: Materials should be sourced from somewhere safer.

Comment:

The proposed development seeks to intensify the rate of hard rock extraction from Lot 622 DP 810307 and it is to this proposal that Council must have regard. The Environmental Impact Statement (‘EIS’) accompanying Development Application No. 2955 anticipated product demand from this quarry being driven by sustained and increasing growth in the region as well as Pacific Highway and road reconstruction projects. The EIS also considered alternative quarry sites and provided justification for the preferred quarry site, which was subsequently approved by Council. The suitability of the site for the development is assessed through this Report and provides that the quarry is suitably located for the conduct of quarrying activities. The issue of safety arising in the submissions to Council is subsequently attributable to heavy haulage along the local and sub-arterial road networks, as opposed to activities undertaken on the quarry lease site. Impacts attributable to heavy haulage from the proposed development have been assessed by the RMS and Council’s Division of Operations and considered adequate subject to the carrying out of certain works prior to undertaking the proposed development. This position is recognised as being sustainable having regard to the regionally significant nature of the resource at the quarry and the significant demand for a quality quarry product that the Nambucca Heads to Urunga project will stimulate (1.3 million tonnes of quarry product for the section from Nambucca Heads to Urunga). Submission: The DA makes no provision to discontinue the increased extraction rates.

Comment:

The DA seeks the right to extract at the intensified rates for the life of the quarry. However, it is understood that the proposed development will increase the rate of extraction for a period of approximately three years, with extraction rates likely to return to current levels after this time. A condition of development consent is recommended to address this concern. Submission: That all profits be returned to the community by way of an apology.

Comment:

The product developed from the quarry under the proposed DA will facilitate the Pacific Highway Upgrade Project, and in this manner be returned to the community. Council is able to impose a condition of development consent to ensure the ongoing levying of haulage contributions as a result of the proposed development in order to provide for the maintenance of the local quarry route comprising Old Coramba Road (North) and South. There is no provision for Council to levy on a profit basis absent a planning agreement being readily entered into by the proponent. Needless to say such an agreement has not been struck and the development would be rendered economically unsustainable should it occur. SECTION 79C (1) (e) – THE PUBLIC INTEREST: The expression “the public interest” does not have any fixed meaning and depends on the particular set of circumstances applying to the development. It does require a determination as to what best serves the advancement of the interest or welfare of the public, society or the nation and requires consideration of the competing facets of the public interest. In the DA, the competing aspects of the public interest relate to the road network and include the benefits conferred on the public by the upgrade of the Pacific Highway from Warrell Creek


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to Urunga and the need to maintain safe and efficient access along the Waterfall Way and Old Coramba Road (North) and South. The Pacific Highway Upgrade Program, of which the Nambucca Heads to Urunga upgrade is a component, is a joint commitment by the State and Federal government. A range of strategic planning and policy framework established at the State and Federal levels compliments the Nambucca Heads to Urunga upgrade, including the AusLink White Paper Building our National Transport Future (Australian Government DOTARS 2004), the Sydney-Brisbane Corridor Strategy (DOTARS 2007), the State Infrastructure Strategy – New South Wales 2008-09 to 2017-18 (NSW Treasury 2008), the NSW State Plan: A New Direction for NSW (NSW Government 2006), the Mid North Coast Regional Strategy (DoP 2009), and the NSW Government initiative Action for Air (EPA 1998). The Nambucca Heads to Urunga project is in response to:

Current constraints on transport infrastructure and the related need to improve accessibility and transport, both within individual regions and between regions.

The need to improve the efficiency and integration of transport infrastructure, including improvements in the efficiency and productivity of the freight sector.

The need to improve road safety.

Increasing demand for urban development, especially on the Mid North Coast and North Coast of NSW.

The proposed intensification of quarry operations at 289 Old Coramba Road (North), Megan, is intended to provide hard rock materials that are essential to the delivery of the Nambucca Heads to Urunga project. According to Sinclair Knight Merz in the 2010 Warrell Creek to Urunga Upgrading the Pacific Highway Environmental Assessment, concerning the public interest, the implementation of the Pacific Highway project:

“would provide a higher standard road to better serve existing and future road users, with improvements in road safety and travel efficiency. The Proposal would also add to the safety and travel efficiency benefits provided by other Pacific Highway upgrade projects. It would also generate employment, with benefits to the local and regional economy”

The quarry is proposed to operate at heightened rates of extraction for a period of approximately three years to supply the upgrade project. In this period, the movement of heavy vehicles along Old Coramba Road (North), Old Coramba Road South and Waterfall Way will increase, including cartage through urban areas, on roads near to Mount St John Catholic School, and on the Dorrigo plateau ascent/descent. This in turn evokes economic and social considerations, including road safety issues, increased travel times and decreased amenity. A consideration of the comparative importance of the road networks accords that the public interest rests with the Pacific Highway Upgrade Program. According to Sinclair Knight Merz in the 2010 Warrell Creek to Urunga Upgrading the Pacific Highway Environmental Assessment:

“Between Warrell Creek and Urunga, the Pacific Highway is primarily a two-lane single carriageway road with occasional overtaking lanes. Accident histories show unacceptably high levels of traffic incidents in many areas. In particular, areas of concentration include Macksville and along the Pacific Highway in the vicinity of Hungry Head Road between Wenonah Head and South Urunga. The majority of crashes occur at intersections and as a result of the large number of private accesses onto the existing highway. The combination of these factors contributes to unacceptable road conditions on the Pacific Highway between Warrell Creek and Urunga.

The existing highway passes through the town centres of Warrell Creek, Macksville and Bellwood. This creates conflicts between local traffic, pedestrians and highway through-traffic. Local traffic is based around the Pacific Highway and the majority of trips involve


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travel on the highway. The highway is also the only sealed road providing connections between Warrell Creek, Macksville, Nambucca Heads and Urunga”.

The benefits conferred on the public through the timely and economic delivery of the Warrell Creek to Urunga project is calculated to provide for a Level of Service of “A (good)” for this component of the Pacific Highway to beyond 2033 in accordance with the Austroads Guide to Traffic Engineering Practice Part 2:Roadway Capacity (Sinclair Knight Merz 2010). It therefore has a temporal impact that extends beyond the proposed three year increase to quarry traffic in the Bellingen Shire. According to the NRMA’s 2013 Seeing Red on Roads survey which interviewed more than 10,000 road users, the Waterfall Way over Dorrigo Mountain ranked as the fourth-worst road on the North Coast, and a road that is “in need of urgent repair.” Comparatively, the Pacific Highway at Urunga was flagged as the single worst section of road in NSW and ACT combined (NRMA 2013). The proposed development will promote the social and economic welfare of the State, and any individual private disbenefit is invariably outweighed by the public benefits of the proposal. ANY OTHER RELEVANT LEGISLATION/ MATTER: No other matters are considered relevant. BUDGETARY IMPLICATIONS: A number of works to the local road network and the interface of that network with Waterfall Way are required to be undertaken in order to safely conduct the proposed development. Budgetary constraints do not permit Council undertaking the upgrading programme for the affected bridges and roads, and Council should not be required to divert resources to upgrade roads in order to accommodate extractive industry traffic. Condition nine (9) of the development consent issued by Council for Development Application No. 2955 provides for contributions to be paid to Council and $36,739.06 is currently held as a result of this developer contribution. Funds are therefore available from this contribution to contribute towards the ongoing maintenance of the local road network and damage to road surfaces caused by heavy vehicles. As previously advised, Council is able to levy haulage contributions for the increased rates of extraction subject to amendments to the development consent issued for Development Application No. 2955. A sufficient nexus exists to require the works necessary to accommodate the proposed payloads and traffic to be undertaken by the proponent. Should Council resolve to refuse this application, and should an appeal be subsequently lodged in the Land and Environment Court, then there will be significant budgetary implications in defending such an appeal. SUSTAINABILITY ASSESSMENT: The economic, environmental and social effects of the proposed development are considered in this Report in response to the provisions of Section 79C of the EP & A Act. An adoption by Council of the recommendation to this Report will further the objects of the Act, including the promotion and co-ordination of the orderly and economic use and development of land. ENGAGEMENT:

The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community.


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Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 2 impact, High Impact - Local.

The development application was publically exhibited and fourteen (14) submissions were received as noted above. Internal Referrals The application was referred to Council’s Asset Management and Design staff, Senior Health and Building Surveyor, and Manager Economic and Business Development for comment. Their replies are provided below. Senior Health and Building Surveyor The proposal has been reviewed in regard to the environmental impacts associated with the project in regard to noise, water, land and air pollution. It is noted that for the majority these matters are subject to General Terms of Approval issued by the EPA pursuant to Section 91A(2) of the EP & A Act and subsequently the applicant must seek a licence for the proposal prior to commencement of the development. It is considered that the General Terms of Approval provided by the EPA satisfactorily address all likely concerns associated with the environmental aspects of the proposed development with the exception of hours of operation and on-site sewage management. Hours of Operation: In regard to hours of operation the EPA has provided for quarry operations to occur between 7:00am to 6:00pm Monday to Friday and 8:00am to 1:00pm on Saturdays with no work on Sundays or Public Holidays. The applicant in section 2.6 of the SEE has proposed that hours of operation be 7:00am to 5:00pm Monday to Friday and 7:00am and 5:00pm on Saturdays to carry out “some maintenance of equipment”. It is considered that allowance for non-noise generating equipment maintenance is a reasonable proposal as non-noise generating activities do not conflict with the conditions of the EPA. On Site Sewage Management: With regard to on-site sewage management the applicant has proposed to install portable toilet facilities. Given the site restraints for on-site disposal, a portable toilet facility is considered an acceptable proposal. It is noted that a pit toilet approved in 1997 currently exists on the site. In view of the likely increase in employees at the quarry and the limitations of the site it is not desirable to permit the continued use of the pit toilet, given the proposed installation of portable toilet facilities. Accordingly the pit toilet facility will be required to be suitably decommissioned by way of disinfecting and backfilling as a condition of consent. Additionally a condition will be imposed requiring an application pursuant to Section 68 of the Local Government Act to install a waste treatment system, i.e. the portable toilet facility.

The recommended conditions of development consent provided by the Senior Health and Building Surveyor are contained in the Officer’s Recommendation below. Asset Management and Design staff: The DA was considered by Council’s Asset Management and Design staff in regard to traffic and road impacts and stormwater management. Their commentary concerning traffic and road issues is quoted in response to the provisions of Section 79C (1) (b) above; and their assessment of stormwater management concurs with that of the Senior Health and Building Surveyor (i.e. that the EPA have satisfactorily addressed the issues in their general terms of approval and mandatory conditions to accompany the issue of a licence under the Protection of the Environment Operations Act 1997).


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The recommended conditions of development consent provided by the Asset Management and Design Staff are provided in the Officer’s Recommendation below. Manager, Economic and Business Development: Commentary from Council’s Manager, Economic and Business Development, has informed the commentary in this report regarding economic impacts, in response to issues raised by the public during the exhibition period. Government Authorities: The DA was referred to the RMS under the provisions of State Environmental Planning Policy (Infrastructure) 2007 and State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 and the EPA through the integrated development provisions of the EP & A Act. It was also notified to Trade and Investment NSW as a nearby owner of Crown Reserve 90892 for Public Recreation. Their responses are summarised below. Roads and Maritime Services: Following Council’s initial referral of the DA to the RMS, additional information was sought from the applicant to address the impact of the quarry’s traffic on the safe and efficient operation of the local and State road network. The subsequent road safety audit submitted by the applicant was referred to the RMS and the following assessment provided.

“The Roads and Maritime Services has reviewed the Road Safety Audit and the following advice is provided for Council’s consideration.

(i) “Based on the traffic data provided the existing junction of the Waterfall Way and Old Coramba Road would appear to need an AUSTROADS BAR and BAL treatments for right and left-turning vehicles to safely cater for the increase in traffic.

(ii) An AUSTROADS BAR would likely require the removal of all of the existing parking on the southern side of the Waterfall Way adjacent the school’s frontage. The existing parking lane may be unsuitable for the additional traffic loads and could need to be reconstructed. This would require the execution of a Works Authorisation Deed (WAD) with RMS prior to any road works being undertaken.

(iii) The removal of the parking in front of the school could have a serious impact on school children safety, operations, buses and on-street parking without mitigation measures being implemented.

(iv) It needs to be demonstrated that the existing kerb radii are suitable for left-turning heavy vehicles into and out off Old Coramba Road in order to meet the BAL requirements.

(v) A regular contribution based on haulage rates should be provided for the maintenance of the local road network.”

Environmental Protection Authority The Environmental Protection Authority (EPA) has provided general terms of approval for a licence to be issued under the Protection of the Environment Operations Act 1997 and has advised that the conditions comprising the general terms of approval should be incorporated into the development consent if development consent is to be granted. The proponent will need to make a separate application to the EPA to obtain the relevant licence. Trade and Investment NSW Trade and Investment NSW were consulted due to the location of the development proposal in proximity to Crown land and have requested Council to ensure:

“that the development envelope does not encroach on the adjacent Crown reserve or compromise its recreation values. The proponent may not:

remove any vegetation from the adjacent Crown land,

stockpile materials, equipment or machinery on the adjacent Crown land,

direct stormwater or other drainage discharges onto the adjacent Crown land,

use the adjacent Crown land as an asset protection zone, or


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restrict public use and access on the Crown reserve.” COUNCILLOR SITE INSPECTION Councillors and Council staff undertook an inspection of the development site on 26 August 2013. During that inspection an issue was raised by the proponent concerning the proposed conditions of development consent, specifically the limitation of the intensified rates of extraction to the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project. The Statement of Environmental Effects provides that:

“The Applicant is seeking approval to modify Development Consent DA 2955 to increase the current approved production level of 47 000m

3 (117 000 tonnes) per year to 120 000m

3 (300 000

tonnes) per year.”

There was no end date proposed in the Statement of Environmental Effects to the intensified extraction rates from the quarry. However, a number of references in the Statement of environmental Effects link the development to a period of “approximately 3 years.” For example, at clause 4.3.3 “It is acknowledged that the period of average and maximum heavy vehicle levels would likely occur for a period of approximately 3 years during the upgrade of the Pacific Highway between Urunga and Nambucca Heads.” Further, it is provided in the executive summary that:

“The Applicant has recently been approached to supply a range of quarry products for various infrastructure projects in the Dorrigo-Bellingen-Urunga-Nambucca Heads area such as the Pacific Highway upgrade project between Urunga and Nambucca Heads. Those discussions have established that quantities of construction materials up to 300 000 tonnes per annum would be required from the Quarry during the highway upgrade period currently understood to be a period of approximately 3 years.”

Having regard to the Statement of Environmental Effects, the EPA provided the following commentary to Council:

“The EPA understands that the proposed development will increase the rate of extraction at the Dorrigo Quarry to 300,000 tonnes per annum for a period of approximately three (3) years with extraction rates likely to return to current levels after this time.”

The same sentiment was held by the public during the public exhibition period where concern was raised that the development application made no provision to discontinue the increased extraction rates after the upgrade of the Pacific Highway between Urunga and Nambucca Heads. Condition 80A (1) (d) of the Environmental Planning and Assessment Act 1979 provides that a condition of development consent may be imposed if it limits the period during which development may be carried out in accordance with the consent so granted. There is planning merit in imposing a condition that limits the proposed intensified rates of extraction to the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project and it is considered that the imposition of such a condition would satisfy the necessary Newbury test. The Nambucca Heads to Urunga NH2U Pacific Highway upgrade project is one of three components of the Warrell Creek to Urunga Pacific Highway Upgrade Project. It is understood to commence one year before the adjoining portion south of Nambucca Heads, and may extend beyond the three years approximated in the Statement of Environmental Effects. It is reasonable that the development be limited to the duration of the NH2U project. This does not preclude the proponent from supplying other projects during the NH2U project period (including the Nambucca to Warrell Creek upgrade), nor does it preclude the proponent from making application to Council to modify the development consent to extend the duration of the intensified extraction rates recommended to be endorsed herein. In determining any such modification or subsequent development application, Council would have regard to the


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environmental impact of the development, as assessed on the performance of the NH2U project. A further issue was raised by the proponent in writing following the Councillors’ on-site inspection concerning a potential discrepancy in the haulage figures upon a consent issued by Council in accordance with the recommendation in this Report reverting from the intensified rates to 47,000m3 per annum, 100 laden truck movements per week and a maximum capacity of 32 tonnes per truck. The discrepancy raised by the applicant is that 100 laden trucks per week at 32 tonnes per truck equates to 66,560m3 (166,400 tonnes) per annum, which exceeds the 47,000m3 (117,500 tonnes) per annum elsewhere conditioned. The conditions in the recommendation to Council provide that extraction cannot exceed 47,000m3 per annum following the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project. At the same time, heavy vehicle movements are bound to not exceed 100 laden truck movements per week with a maximum capacity of 32 tonnes per truck. These limits all work simultaneously, and are not inconsistent. For example, the proponent could haul 3,200 tonnes of quarry product from the quarry per week, but could only sustain this rate of haulage for 36 weeks in a calendar year. The proponent has further provided the preference for the maximum 200 laden truck movements per week to remain for the life of the quarry subject to an average of 100 laden truck movements per week over a twelve month period. This would provide greater flexibility in market supply, address requirements to bulk out products and maximise the quarries capacity to meet sporadic market demands. No modifications are recommended to the proposed conditions of development consent to provide for this capacity, having regard to the assessment above concerning the duration of the consent. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This report aligns with CL.1.4.2.2 of the Bellingen Shire Council Delivery Program and Operational Plan, June 2013, which provides the following strategic direction under the Operational Plan (1 year): Assess and determine development applications against current statutory and policy requirements. Ensure 100% Assessments in accordance with Section 79c of the Environmental Planning & Assessment (EP&A) Act 1979. Measure the number of successful legal challenges against Council decision under Section 123 EP&A Act 1979. OFFICER’S RECOMMENDATION: (A) That Council resolve that the alterations or additions do not significantly increase the

environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development having regard to Clauses 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 and subject to the proposed conditions of consent.

(B) That Development Consent be granted for the subject application, pursuant to Section 80 (1) of the EP & A Act, subject to the following conditions and reasons:

CONDITIONS OF DEVELOPMENT CONSENT

PLANNING CONDITIONS

1 The development shall be carried out in accordance with the approved plans and documents attached to this consent and as amended by the following conditions. The approved plans and documents are endorsed with a Council stamp and authorised signature. A copy of this consent and approved plans and documents shall be kept on site at all times while work under this consent is being undertaken.


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PLANS AND DOCUMENTS Document No. 2013/AF-039/1, details of which are provided as follows:

Reference No.

Revision Name of Plan Date

879/01 Unrevised Statement of Environmental Effects For an Increase in Production at the Dorrigo Quarry, as prepared by R.W. Corkery & Co. Pty. Limited for EMS Quarries Pty Ltd

March 2013

[To ensure the legality of the development] 2 In the event of any inconsistency between conditions of this consent and the

plans/documents referred to above, the conditions of this consent prevail to the extent of that inconsistency.

[To ensure the legibility of the consent] 3. Extraction of material from the quarry shall not exceed 120,000m3 per annum where

supply includes the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project, and 47,000m3 per annum in all other circumstances. Note. Condition fifteen (15) provides preconditions to the extraction of quarry products. [To minimise the impact of the quarry]

4 This development consent is for alterations or additions to designated development and

is subject to the development consent issued in respect of Development Application No. 2955, as amended. The development must be carried out in accordance with and comply at all times with the conditions of development consent No DA 2955, subject to new Condition 1A in that consent.

[To ensure consistency between development consents] 5 Pursuant to section 80A (1) (b) of the Environmental Planning and Assessment Act 1979

the development consent issued in respect of Development Application No. 2955, as amended, shall be modified in accordance with the following subclauses:

a) Condition 2 shall be amended to read as follows:

Extraction of material from the quarry is limited to a maximum of 120,000m3 per annum and a weekly limitation of 100 laden truck movements (22 tonne maximum capacity). [To minimise the impact of the quarry]

b) New Condition 1A shall be added after Condition 1 as follows:

In the event of any inconsistency between conditions 1-8, 10, 11 and 13-16 of this consent and Development Consent No. 2013/DA-00030, Development Consent No. 2013/DA-00030 prevails to the extent of that inconsistency. [To ensure consistency between development consents].

A duly signed notice of modification effecting this condition and in accordance with clause 97 of the Environmental Planning and Assessment Regulation 2000 shall be delivered to Council prior to the operation of the quarry under this consent. [To ensure consistency between development consents]

6 In the event that the proponent is awarded to supply the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project, details of the quantities to be supplied and the period of supply shall be furnished to Council and Council notified in writing of the date that supply commences and the date that supply ceases prior to each event occurring.

[To minimise the impact of the development and facilitate the Pacific Highway Upgrade Program]


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7 Heavy vehicle movements shall:

a) not exceed 200 laden truck movements per week where supply includes the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project, and 100 laden truck movements per week in all other circumstances; and

b) have a maximum capacity of 32 tonnes per truck, or the maximum permitted to be

legally transported on the public road network, whichever is the lesser.

Note. Condition fifteen (15) provides preconditions to the haulage of quarry products. [To minimise the impacts of the development]

8 Prior to the operation of the quarry under this development consent the proponent shall

develop a code of conduct to minimise the impacts of the transport of quarry materials on public roads that addresses, but is not limited to, traffic noise and speed limits, call-up locations and pull-over areas, prevailing road conditions, queuing, the covering of loads, and appropriate driver behaviour. The code of conduct shall be communicated to all quarry employees and contractors through an induction process and shall be complied with for the life of the development. The code of conduct shall be submitted to Council prior to the conduct of the development.

[To minimise the impacts of the development on the safe and efficient operation of the road network]

9 At all times the development must not:

a) encroach upon Crown land; b) compromise the recreation values of Crown land; c) remove vegetation from Crown land; d) stockpile materials, equipment or machinery on Crown land; e) direct stormwater or other drainage discharges onto Crown land; f) use Crown land as an asset protection zone; or g) restrict public use and access to Crown Reserve 90892.

[To maintain Crown estate comprising Crown Reserve 90892 for Public Recreation notified 9 September 1977]

HEALTH AND BUILDING CONDITIONS

10 Hours of operation shall be limited to:

7:00am and 5:00pm Monday to Friday;

7.00am and 5.00pm Saturday, for the purposes of non-noise generating equipment maintenance; and

at no time on Sundays and Public Holidays.

This condition prevails over condition L6.1 of the General Terms of Approval to the extent of any inconsistency, but does not apply in circumstances described under condition L6.2.

[To minimise the impact of the development] 11 A portable toilet facility must be installed and maintained for the life of the development

and an application detailing the facility and its proposed location must be submitted to and approved by Council in pursuance to Section 68 of the Local Government Act 1993 prior to the commencement of operations. Service agreements for the maintenance and pump-out of the unit must accompany the application and be furnished to Council within fourteen (14) days of any variation to the agreement.

[To ensure adequate on-site sewage management] 12 The existing pit toilet must be decommissioned, including suitable disinfection and

backfilling, to the satisfaction of Council’s Environmental Health Officer.

[To reduce the risk of water pollution and impacts on public health]


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13 All plant and equipment installed at the premises or used in connection with the development must be maintained in a proper and efficient condition; and must be operated in a proper and efficient manner.

[To minimise emissions from plant and equipment] ENGINEERING CONDITIONS 14 Prior to the issue of approval for road works under Section 138 of the Roads Act 1993

and drainage works under Section 68 of the Local Government Act 1993, the proponent shall submit detailed design drawings and documentation for the development for approval by Council’s Deputy General Manager Operations. The documentation and drawings shall conform to the standards, specifications and requirements set out in Councils current “Standard Conditions for Engineering Works Associated with Developments”. The following details, as a minimum, are required to be documented or shown on the plans:

a) the general arrangement of the site, including proposed work areas, stock pile areas, truck loading zones, internal roads, storm water infrastructure, access, visitor’s car park and other site attributes;

b) general on site traffic movements (i.e. a Traffic Movement Plan) including details of ingress and egress of trucks to and from the quarry site with ‘front-in, front-out’ operation, provisions for loading and the adequacy of the design as demonstrated using sweep paths for the proposed vehicles;

c) details of sedimentation ponds and outlets, showing all calculations to comply with the requirements of the Environmental Protection Authority (EPA);

d) detailed structural designs for the upgrade of Rocky Creek Bridge and Euroka Creek Bridge prepared and certified by a qualified practicing structural engineer; and

e) details of all required road upgrade works along the public road network between the quarry and the intersection with Waterfall Way.

[The likely impacts of the development in respect of construction, site attributes, public interest, traffic, access and safety]

15 Operation of the quarry under this consent shall not commence until Council provides

written confirmation that all works are constructed as per this consent.

[To ensure that adequate controls are in place to minimise risk to the public, environment and Council infrastructure prior to increases to gravel extraction rates]

16 Prior to Council providing written confirmation that all works are constructed as per this

consent, a compliance certificate issued by a practicing engineer with qualifications suitable for admission to Engineers Australia as a professional engineer shall be provided to Council certifying that all road works, bridge works and sediment basin works undertaken conform to the approved plans, designs and specifications.

[To ensure that the construction works are in accordance with the design and relevant specifications]

17 All works to be carried out on the public road network shall be in accordance with the

conditions specified in a separate consent issued under Section 138 of the Roads Act 1993 and at no cost to Council. No work on Council’s road network shall commence until a Roads Act consent has been issued.

[To ensure the works are completed to an adequate standard and with consideration to public safety]

18 All stormwater and drainage works shall be carried out in accordance with the conditions

specified in a separate consent issued under Section 68 of the Local Government Act 1993 and at no cost to Council. No stormwater or drainage works shall commence until a Section 68 Local Government Act consent has been issued.


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19 The internal layout of the quarry shall accommodate all quarry operations and vehicle

movements without the need for vehicles to queue on the public road network.

[To reduce the risk of conflict between vehicles using Council’s road network and those entering the quarry]

20 Haulage trucks shall be no larger than a general access rigid vehicle (truck) and dog

trailer as defined under Roads and Maritime Services (RMS) vehicle standards.

[In consideration of public road safety and the condition and maintenance requirements of the road]

21 Rocky Creek Bridge and Euroka Creek Bridge shall be upgraded in accordance with the

approved plans, in low maintenance materials (preferably reinforced concrete), to comply with Australian Standard AS 5100 and designed to accommodate T44 loading in accordance with the 1992 Austroads Bridge Design Code.

[The likely impacts of the development in respect of maintenance, construction, site attributes, public interest, traffic, access and safety]

22 Truck pullover areas in accordance with the approved plans shall be provided on the

approaches to tight radius curves with narrow carriageways along Old Coramba Road (North).

[To promote safe passage of heavy truck movements and minimize conflict with other road users]

23 The intersection of Old Coramba Road South with Waterfall Way shall be upgraded to

an Austroads type BAR right turn treatment and BAL left turn treatment in accordance with the approved plans. The design of this intersection upgrade shall demonstrate that the carriageway turn radii are suitable for left turning heavy vehicles into and out of Old Coramba Road South in order to meet the BAL requirements. The existing parking lane pavement for the BAR shall be checked for suitability to carry the additional loading and if necessary reconstructed. All work on Waterfall Way will require the execution of a Works Authorisation Deed (‘WAD’) with Roads and Maritime Services.


24 Give way signage and a holding line shall be provided for Old Coramba Road South at the intersection with Waterfall Way in accordance with the approved plans.


25 Old Coramba Road South at the intersection with Old Coramba Road (North) shall be

upgraded and sealed with a widened splay supporting the current intersection function including the provision of delineation, linemarking and giveway signage with the southern leg of Old Coramba Road South continuing east into Old Coramba Road (North) as the dominant through road.


26 A turning area, with appropriate sight distance for oncoming traffic and delineated with signage to form the end of the road (i.e. the quarry entrance shall be formed as an access onto the road, not as a continuation of the road), shall be provided on Old Coramba Road (North) at a suitable location before the entrance to the quarry in accordance with the approved plans.


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[The likely impacts of the development in respect of traffic, utilities, safety and public interest]

27 Sedimentation ponds and outlets shall be constructed in accordance with the approved

plans and maintained for the life of the development. The sizing of sediment basin/s must be calculated using the 90th percentile 5-day rainfall depth of 84.8mm for Dorrigo as required by “Managing Urban Stormwater: Soils and Construction – Volume 2E Mines and Quarries.”

[To protect environmental health] 28 For the life of the development all traffic within the quarry site shall operate in

accordance with a Council approved Traffic Movement Plan.

[To promote the safety of quarry employees, visitors and public road users]

INTEGRATED DEVELOPMENT CONDITIONS

General Terms of Approval for the issue of a licence under the Protection of the Environment Operations Act 1997

Administrative conditions A1. Information supplied to the EPA A1.1 Except as expressly provided by these general terms of approval, works and activities

must be carried out in accordance with the proposal contained in:

• the development application 2013/DA-00030 submitted to Bellingen Shire Council on 19 March 2013; and

• the "Statement of Environmental Effects increase in production at the Dorrigo

Quarry", prepared for EMS Quarries Pty Ltd by R W Corkery & Co Pty Ltd dated March 2013 (Report No 879101) relating to the development as Integrated development as supplied to the EPA on 8 April 2013

A2. Fit and Proper Person A2.1 The applicant must, in the opinion of the EPA, be a fit and proper person to hold a

licence under the Protection of the Environment Operations Act 1997, having regard to the matters in s83 of that Act.

Discharges to Air and Water and Applications to Land P1.1 The following utilisation areas referred to in the table below are identified in the EPA's

general terms of approval, or a licence under the Protection of the Environment Operations Act 1997, for the purposes of the monitoring and for setting of limits for any application of solids or liquids to the utilisation area.

Water and land

EPA Identification

no.

Type of Monitoring

Point

Type of Discharge

Point

Location Description

1

Discharge Point 1

Discharge Point 1

Overflow point at sediment basin of quarry


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Limit conditions L1. Pollution of waters L1.1 Except as may be expressly provided by a licence under the Protection of the

Environment Operations Act 1997 in relation of the development, section 120 of the Protection of the Environment Operations Act 1997 must be complied with in and in connection with the carrying out of the development.

L2. Concentration limits L2.1 For each monitoring/discharge point or utilisation area specified in the table/s (by a point

number), the concentration of a pollutant discharged at that point, or applied to that area, must not exceed the concentration limits specified for that pollutant in the table.

L2.2 Where a pH quality limit is specified in the Table, the specified percentage of samples

must be within the specified ranges. L2.3 To avoid any doubt, this condition does not authorise the pollution of waters by any

pollutant other than those specified in the table/s. L2.4 Water and/or Land Concentration Limits

Point 1

Pollutant Units of measure

50% Concentration

limit

90% concentration

limit

3DGM concentration

limit

100% concentration

limit

Oil and Grease Visible Nil

Ph pH 6.5-8.5

Total suspended Solids

mg/L 50

L2.5 The concentration limits in the above table do not apply to any discharge from the

sediment basin (at Point 1) solely arising from rainfall measured at the premises exceeding 84.8mm in total falling over any consecutive five (5) day period.

L2.6 If the applicant uses turbidity (NTU) in place of total suspended solids (TSS) to

determine compliance with the EPA's general terms of approval, or a licence issued under the Protection of the Environment Operations Act 1997, the applicant must develop a statistical correlation which identifies the relationship between NTU and TSS for water quality in the sediment basin/s in order to determine the NTU equivalent of 50 mg/L TSS prior to its use.

L2.7 The applicant must provide the EPA with a copy of the statistical correlation assessment

methodology and results before using NTU in place or TSS. L2.8 The applicant must develop and implement a method to enable the ongoing verification

of the relationship between NTU and TSS. L2.9 The applicant must provide the EPA with any amendments the applicant makes to the

statistical correlation as a result or the ongoing verification required by Condition L2.8 before using the revised statistical correlation.


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L3. Waste L3.1 The applicant must not cause, permit or allow any waste generated outside the premises

to be received at the premises for storage, treatment, processing, reprocessing or disposal or any waste generated at the premises to be disposed of at the premises, except as expressly permitted by a licence under the Protection of the Environment Operations Act 1997

L3.2 This condition only applies to the storage, treatment, processing, reprocessing or

disposal of waste at the premises if it requires an environment protection licence under the Protection of the Environment Operations Act 1997.

L4. Noise Limits L4.1 Noise from the premises must not exceed an LAeq(15 minute) noise emission criterion

of 35dB(A), except as expressly provided by these general terms of approval. L4.2 Noise from the premises is to be measured at the most affected residential receiver who

has not given written permission for an exceedance of condition L4.1to determine compliance with this condition.

L4.3 The noise limits set out in condition L4.1 apply under all meteorological conditions

except for the following:

Wind Speeds greater than 3 meters/second at 10 metres above ground level; or temperature inversion conditions up to 30C/100m and wind speeds greater than 2

metres/second at 10 metres above ground level or temperature inversion conditions greater than 30C/100m.

L5. Blasting L5.1 Blasting operations at the premises may only take place between 9:00am and 5:00pm

Monday to Friday, and 9:00am and 1:00pm Saturday, and at no time on Sundays and Public Holidays. (Where compelling safety reasons exist, the EPA may permit a blast to occur outside the abovementioned hours. Prior written (or facsimile) notification of any such blast must be made to the EPA).

L5.2 The overpressure level from blasting operations in or on the premises must not exceed:

a) 115dB (Lin Peak) for more than 5% of the total number of blasts during each reporting period; and

b) 120dB (Lin Peak) at any time,

at any point within 1 metre of any affected residential boundary or other noise sensitive location unless the location is owned by the licensee or is subject to a private written agreement between the owner of the residence or noise sensitive location as to an alternative overpressure level

L5.3 The ground vibration peak particle velocity from blasting operations carried out in or on

the premises must not exceed:

a) 5mm/s for more than 5% of the total number of blasts carried out on the premises during each reporting period; and

b) 10mm/s at any time,

at any point with 1 metre of any affected residential boundary or other noise sensitive location unless the location is owned by the licensee or is subject to a private written agreement between the owner of the residence or noise sensitive location as to an alternative ground peak velocity level.


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L5.4 All sensitive receivers are to be given at least 24 hours’ notice when blasting is to be

undertaken. L6. Hours of operation L6.1 Activities covered by the EPA's general terms of approval, or a licence under the

Protection of the Environment Operations Act 1997, must only be carried out between the hours of 7:0oam and 6:00pm Monday to Friday, and 8:00am and 1:00pm Saturday, and at no time on Sundays and Public Holidays.

L6.2 This condition does not apply to the delivery of material outside the hours of operation

permitted by condition L6.1 if that delivery is required by police or other authorities for safety reasons; and/or the operation or personnel or equipment are endangered. In such circumstances, prior notification must be provided to the EPA and affected residents as soon as possible, or in a reasonable period in the case of emergency

L6.3 The hours of operation specified in condition L6.1may be varied with written consent if

the EPA is satisfied that the amenity of the residents in the locality will not be adversely affected.

Operating conditions 01. Dust 01.1 Activities occurring in or on the premises must be carried out in a manner that will

minimise the generation. or emission from the premises. of wind-blown or traffic generated dust.

01.2 Trucks entering and leaving the premises that are carrying loads must be covered at all

times, except during loading and unloading. 02. Processes and management 02.1 Sediment basins shall be treated, if required, to reduce the Total Suspended Solids level

to the concentration limit of 50 mg/L provided by the EPA's general terms of approval or a licence under the Protection of the Environment Operations Act 1997, before being released to the environment. Treatment can be with gypsum or any other material that has been approved by the EPA.

02.2 The applicant must maximise the diversion of run-on waters from lands upslope and

around the site whist land disturbance activities are being undertaken. 02.3 The applicant must maximise the diversion of stormwater runoff containing suspended

solids to sediment basins installed on the premises. 02.4 Where sediment basins are necessary, all sediment basins and associated drainage

must be installed and commissioned prior to the commencement of any clearing or grubbing works within the catchment area of the sediment basin that may cause sediment to leave the site.

02.5 The applicant must ensure the design storage capacity of the sediment basins installed

on the premises is reinstated within 5 days of the cessation of a rainfall event that causes runoff to occur on or from the premises.


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02.6 The applicant must ensure that sampling point(s) for water discharged from the sediment basin(s) are provided and maintained in an appropriate condition to permit:

a) the clear identification of each sediment basin and discharge point; b) the collection of representative samples of the water discharged from the sediment

basin(s); and c) access to sampling point(s) at all times by an authorised officer of the EPA.

02.7 The applicant must endeavour to maximise the reuse of captured stormwater on the premises.

02.8 Each sedimentation basin must have a marker (the "sediment basin marker”) that

identifies the upper level of the sediment storage zone. 02.9 Whenever the level of liquid and other material in any sedimentation basin exceeds the

level indicated by the sedimentation basin marker, the licensee must take all practical measures as soon as possible to reduce the level of liquid and other material in the sedimentation basin.

02.10 All liquid chemicals, fuels oils must be stored in tanks or containers inside suitable

bund(s). Bund(s) are to be designed, constructed and maintained in accordance with AS1940.2004 Storage and Handling of Flammable and Combustible Liquids.

Monitoring and Recording Conditions M1 Monitoring records M1.1 The results of any monitoring required to be conducted by the EPA's general terms of

approval, or a licence under the Protection of the Environment Operations Act 1997, in relation to the development or in order to comply with the load calculation protocol must be recorded and retained as set out in conditions M1.2 andM1.3.

M1.2 All records required to be kept by the EPA's general terms of approval, or a licence

under the Protection of the Environment Operations Act 1997, must be:

a) in a legible form, or in a form that can readily be reduced to a legible form; b) kept for at least 4 years after the monitoring or event to which they relate took place,

and c) produced in a legible form to any authorised officer of the EPA Who asks to see

them. M13. The following records must be kept in respect of any samples required to be collected:

a) the date(s) on Which the sample was taken; b) the time(s) at Which the sample was collected; c) the point at Which the sample was taken; and d) the name of the person who collected the sample.

M2. Requirement to monitor concentration of pollutants discharged M2.1 For each monitoring/discharge point or utilisation area specified below (by a point

number), the applicant must monitor (by sampling and obtaining results by analysis) the concentrate on of each pollutant specified in Column 1. The applicant must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns:


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POINT 1 Water and land

Pollutant Units of measures Frequency Sampling Method

Oil and Grease Visible Special Frequency 1 Grab sample

pH pH Special Frequency 1 Grab sample

Total suspended solids

Mg/L Special Frequency 1 Grab sample

Note: Special Frequency 1 means <24 hours prior to a controlled /scheduled discharge and daily for any continued

controlled/scheduled discharge. M3. Testing methods- concentration limits M3.1 Subject to any express provision to the contrary of the EPA's general terms of approval

or a licence under the Protection of the Environment Operations Act 1997, monitoring for the concentration of a pollutant discharged to waters or applied to a utilisation area must be done in accordance with the Approved Methods Publication unless another method has been approved by the EPA in writing before any tests are conducted.

M4. Environmental monitoring M4.1 The applicant is required to install and maintain a rainfall depth measuring device. M4.2 Rainfall at the premises must be measured and recorded in millimetres per 24 hour

period at the same time each day.

Note: The rainfall monitoring data collected in compliance with Condition M4.2 can be used to determine compliance with L2.4.

M5. Blast Monitoring M5.1 For the purpose of blast monitoring, the ground vibration or the overpressure must be

measured at the most affected noise sensitive receiver at:

a) the residential boundary; or b) 30 metres from residences in rural situations where the boundary is more than 30

metres from residences. Air blast overpressure levels should not be measured within 3.5 metres of any building. Ground vibration levels should not be measured with the longest dimension of the foundations of a building or structure away from such building or structure.

M6. Other monitoring and recording conditions M6.1 For the purposes of monitoring for compliance with the noise limit conditions of the

EPA's general terms of approval, or a licence under the Protection of the Environment Operations Act 1997. (condition L4) noise emitted from the premises must be measured or computed at 30 metres from the nearest residential dwellings over a period of 15 minutes using the "Fast” ·response on the sound level meter. A modifying factor correction must be applied for tonal impulsive, or intermittent noise in accordance with the document NSW Industrial Noise Policy (NSW EPA, January 2000).

Reporting conditions


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R11 The applicant must provide an annual return to the EPA in relation to the development

as required by any licence under the Protection of the Environment Operations Act 1997 in relation to the development. In the return the applicant must report on the annual monitoring undertaken (where the activity results in pollutant discharges), provide a summary of complaints relating to the development, report on compliance with licence conditions and provide a calculation of licence fees (administrative fees and, where relevant load based fees) that are payable. If load based fees apply to the activity the applicant will be required to submit load-based fee calculation work sheets with the return.

ATTACHMENTS: 8.2A Development Consent for DA No. 2955 (as Modified)

(DWS 375910) 8.2B Submissions received in response to public exhibition.

(DWS 376263) Report (DWS 378786)


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08.027/13

MOTION (Cr Troy/Cr Manning) (A) That Council resolve that the alterations or additions do not significantly increase the

environmental impacts of the total development (that is the development together with the

additions or alterations) compared with the existing or approved development having regard

to Clauses 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation

2000 and subject to the proposed conditions of consent.

(B) That Development Consent be granted for the subject application, pursuant to Section 80 (1)

of the EP & A Act, subject to the following conditions and reasons:

(C) That Council make representations to NSW Roads and Maritime Services in relation to speed

restrictions for heavy vehicles through the Bellingen CBD and specifically request that

consideration be given to a lowering of the speed limit for heavy vehicles.

(D) That Council requests that NSW Roads and Maritime Services conduct an investigation as to

whether any additional sections of Waterfall Way on the Dorrigo Mountain should be single

lane and controlled by Give Way Signs.

CONDITIONS OF DEVELOPMENT CONSENT PLANNING CONDITIONS

1 The development shall be carried out in accordance with the approved plans and documents attached to this consent and as amended by the following conditions. The approved plans and documents are endorsed with a Council stamp and authorised signature. A copy of this consent and approved plans and documents shall be kept on site at all times while work under this consent is being undertaken.

PLANS AND DOCUMENTS Document No. 2013/AF-039/1, details of which are provided as follows:

Reference No.

Revision Name of Plan Date

879/01 Unrevised Statement of Environmental Effects For an Increase in Production at the Dorrigo Quarry, as prepared by R.W. Corkery & Co. Pty. Limited for EMS Quarries Pty Ltd

March 2013

[To ensure the legality of the development] 2 In the event of any inconsistency between conditions of this consent and the plans/documents

referred to above, the conditions of this consent prevail to the extent of that inconsistency. [To ensure the legibility of the consent] 3. Extraction of material from the quarry shall not exceed 120,000m3 per annum where supply

includes the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project, and 47,000m3 per annum in all other circumstances. Note. Condition fifteen (15) provides preconditions to the extraction of quarry products. [To minimise the impact of the quarry]

4 This development consent is for alterations or additions to designated development and is

subject to the development consent issued in respect of Development Application No. 2955, as amended. The development must be carried out in accordance with and comply at all times with the conditions of development consent No DA 2955, subject to new Condition 1A in that consent.

[To ensure consistency between development consents]


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5 Pursuant to section 80A (1) (b) of the Environmental Planning and Assessment Act 1979 the development consent issued in respect of Development Application No. 2955, as amended, shall be modified in accordance with the following subclauses:

a) Condition 2 shall be amended to read as follows: Extraction of material from the quarry is limited to a maximum of 120,000m3 per annum and a weekly limitation of 100 laden truck movements (22 tonne maximum capacity). [To minimise the impact of the quarry]

b) New Condition 1A shall be added after Condition 1 as follows:

In the event of any inconsistency between conditions 1-8, 10, 11 and 13-16 of this consent and Development Consent No. 2013/DA-00030, Development Consent No. 2013/DA-00030 prevails to the extent of that inconsistency. [To ensure consistency between development consents].

A duly signed notice of modification effecting this condition and in accordance with clause 97 of the Environmental Planning and Assessment Regulation 2000 shall be delivered to Council prior to the operation of the quarry under this consent. [To ensure consistency between development consents]

6 In the event that the proponent is awarded to supply the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project, details of the quantities to be supplied and the period of supply shall be furnished to Council and Council notified in writing of the date that supply commences and the date that supply ceases prior to each event occurring.

[To minimise the impact of the development and facilitate the Pacific Highway Upgrade Program]

7 Heavy vehicle movements shall:

a) not exceed 200 laden truck movements per week where supply includes the Nambucca Heads to Urunga NH2U Pacific Highway upgrade project, and 100 laden truck movements per week in all other circumstances; and

b) have a maximum capacity of 32 tonnes per truck, or the maximum permitted to be legally

transported on the public road network, whichever is the lesser.

Note. Condition fifteen (15) provides preconditions to the haulage of quarry products. [To minimise the impacts of the development]

8 Prior to the operation of the quarry under this development consent the proponent shall

develop a code of conduct to minimise the impacts of the transport of quarry materials on public roads that addresses, but is not limited to, traffic noise and speed limits, call-up locations and pull-over areas, prevailing road conditions, queuing, the covering of loads, and appropriate driver behaviour. The code of conduct shall be communicated to all quarry employees and contractors through an induction process and shall be complied with for the life of the development. The code of conduct shall be submitted to Council prior to the conduct of the development.

[To minimise the impacts of the development on the safe and efficient operation of the road network]

9 At all times the development must not:

a) encroach upon Crown land; b) compromise the recreation values of Crown land; c) remove vegetation from Crown land; d) stockpile materials, equipment or machinery on Crown land; e) direct stormwater or other drainage discharges onto Crown land;


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f) use Crown land as an asset protection zone; or

g) restrict public use and access to Crown Reserve 90892.

[To maintain Crown estate comprising Crown Reserve 90892 for Public Recreation notified 9 September 1977]

HEALTH AND BUILDING CONDITIONS

10 Hours of operation shall be limited to:

7:00am and 5:00pm Monday to Friday;

7.00am and 5.00pm Saturday, for the purposes of non-noise generating equipment maintenance; and

at no time on Sundays and Public Holidays.

This condition prevails over condition L6.1 of the General Terms of Approval to the extent of any inconsistency, but does not apply in circumstances described under condition L6.2.

[To minimise the impact of the development] 11 A portable toilet facility must be installed and maintained for the life of the development and

an application detailing the facility and its proposed location must be submitted to and approved by Council in pursuance to Section 68 of the Local Government Act 1993 prior to the commencement of operations. Service agreements for the maintenance and pump-out of the unit must accompany the application and be furnished to Council within fourteen (14) days of any variation to the agreement.

[To ensure adequate on-site sewage management] 12 The existing pit toilet must be decommissioned, including suitable disinfection and

backfilling, to the satisfaction of Council’s Environmental Health Officer.

[To reduce the risk of water pollution and impacts on public health] 13 All plant and equipment installed at the premises or used in connection with the

development must be maintained in a proper and efficient condition; and must be operated in a proper and efficient manner.

[To minimise emissions from plant and equipment] ENGINEERING CONDITIONS 14 Prior to the issue of approval for road works under Section 138 of the Roads Act 1993 and

drainage works under Section 68 of the Local Government Act 1993, the proponent shall submit detailed design drawings and documentation for the development for approval by Council’s Deputy General Manager Operations. The documentation and drawings shall conform to the standards, specifications and requirements set out in Councils current “Standard Conditions for Engineering Works Associated with Developments”. The following details, as a minimum, are required to be documented or shown on the plans:

a) the general arrangement of the site, including proposed work areas, stock pile areas, truck loading zones, internal roads, storm water infrastructure, access, visitor’s car park and other site attributes;

b) general on site traffic movements (i.e. a Traffic Movement Plan) including details of ingress and egress of trucks to and from the quarry site with ‘front-in, front-out’ operation, provisions for loading and the adequacy of the design as demonstrated using sweep paths for the proposed vehicles;

c) details of sedimentation ponds and outlets, showing all calculations to comply with the requirements of the Environmental Protection Authority (EPA);


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d) detailed structural designs for the upgrade of Rocky Creek Bridge and Euroka Creek Bridge

prepared and certified by a qualified practicing structural engineer; and

e) details of all required road upgrade works along the public road network between the quarry

and the intersection with Waterfall Way.


15 Operation of the quarry under this consent shall not commence until Council provides

written confirmation that all works are constructed as per this consent.

[To ensure that adequate controls are in place to minimise risk to the public, environment and Council infrastructure prior to increases to gravel extraction rates]

16 Prior to Council providing written confirmation that all works are constructed as per this

consent, a compliance certificate issued by a practicing engineer with qualifications suitable for admission to Engineers Australia as a professional engineer shall be provided to Council certifying that all road works, bridge works and sediment basin works undertaken conform to the approved plans, designs and specifications.

[To ensure that the construction works are in accordance with the design and relevant specifications]

17 All works to be carried out on the public road network shall be in accordance with the

conditions specified in a separate consent issued under Section 138 of the Roads Act 1993 and at no cost to Council. No work on Council’s road network shall commence until a Roads Act consent has been issued.


18 All stormwater and drainage works shall be carried out in accordance with the conditions

specified in a separate consent issued under Section 68 of the Local Government Act 1993 and at no cost to Council. No stormwater or drainage works shall commence until a Section 68 Local Government Act consent has been issued.


19 The internal layout of the quarry shall accommodate all quarry operations and vehicle

movements without the need for vehicles to queue on the public road network.

[To reduce the risk of conflict between vehicles using Council’s road network and those entering the quarry]

20 Haulage trucks shall be no larger than a general access rigid vehicle (truck) and dog trailer

as defined under Roads and Maritime Services (RMS) vehicle standards.

[In consideration of public road safety and the condition and maintenance requirements of the road]

21 Rocky Creek Bridge and Euroka Creek Bridge shall be upgraded in accordance with the

approved plans, in low maintenance materials (preferably reinforced concrete), to comply with Australian Standard AS 5100 and designed to accommodate T44 loading in accordance with the 1992 Austroads Bridge Design Code.

[The likely impacts of the development in respect of maintenance, construction, site attributes, public interest, traffic, access and safety]


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22 Truck pullover areas in accordance with the approved plans shall be provided on the approaches to tight radius curves with narrow carriageways along Old Coramba Road (North).

[To promote safe passage of heavy truck movements and minimize conflict with other road users]

23 The intersection of Old Coramba Road South with Waterfall Way shall be upgraded to an

Austroads type BAR right turn treatment and BAL left turn treatment in accordance with the approved plans. The design of this intersection upgrade shall demonstrate that the carriageway turn radii are suitable for left turning heavy vehicles into and out of Old Coramba Road South in order to meet the BAL requirements. The existing parking lane pavement for the BAR shall be checked for suitability to carry the additional loading and if necessary reconstructed. All work on Waterfall Way will require the execution of a Works Authorisation Deed (‘WAD’) with Roads and Maritime Services.


24 Give way signage and a holding line shall be provided for Old Coramba Road South at the intersection with Waterfall Way in accordance with the approved plans.


25 Old Coramba Road South at the intersection with Old Coramba Road (North) shall be

upgraded and sealed with a widened splay supporting the current intersection function including the provision of delineation, linemarking and giveway signage with the southern leg of Old Coramba Road South continuing east into Old Coramba Road (North) as the dominant through road.


26 A turning area, with appropriate sight distance for oncoming traffic and delineated with signage to form the end of the road (i.e. the quarry entrance shall be formed as an access onto the road, not as a continuation of the road), shall be provided on Old Coramba Road (North) at a suitable location before the entrance to the quarry in accordance with the approved plans.

[The likely impacts of the development in respect of traffic, utilities, safety and public interest]

27 Sedimentation ponds and outlets shall be constructed in accordance with the approved

plans and maintained for the life of the development. The sizing of sediment basin/s must be calculated using the 90th percentile 5-day rainfall depth of 84.8mm for Dorrigo as required by “Managing Urban Stormwater: Soils and Construction – Volume 2E Mines and Quarries.”

[To protect environmental health] 28 For the life of the development all traffic within the quarry site shall operate in accordance

with a Council approved Traffic Movement Plan.

[To promote the safety of quarry employees, visitors and public road users]


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29 The applicant must provide an annual compliance report to the Bellingen Shire Council in

relation to the development to be submitted within one month of the conclusion of each financial year. In the report the applicant must identify compliance with all conditions of this consent, provide quantity of material extracted, details of weekly laden truck movements and details of complaints relating to the development, including any complaints relating to traffic.

Where non-compliance has occurred the report is to provide details relating to the reason why such non-compliance occurred.

INTEGRATED DEVELOPMENT CONDITIONS

General Terms of Approval

for the issue of a licence under the Protection of the Environment Operations Act 1997 Administrative conditions A1. Information supplied to the EPA A1.1 Except as expressly provided by these general terms of approval, works and activities must

be carried out in accordance with the proposal contained in:

• the development application 2013/DA-00030 submitted to Bellingen Shire Council on 19 March 2013; and

• the "Statement of Environmental Effects increase in production at the Dorrigo Quarry",

prepared for EMS Quarries Pty Ltd by R W Corkery & Co Pty Ltd dated March 2013 (Report No 879101) relating to the development as Integrated development as supplied to the EPA on 8 April 2013

A2. Fit and Proper Person A2.1 The applicant must, in the opinion of the EPA, be a fit and proper person to hold a licence

under the Protection of the Environment Operations Act 1997, having regard to the matters in s83 of that Act.

Discharges to Air and Water and Applications to Land P1.1 The following utilisation areas referred to in the table below are identified in the EPA's

general terms of approval, or a licence under the Protection of the Environment Operations Act 1997, for the purposes of the monitoring and for setting of limits for any application of solids or liquids to the utilisation area.

Water and land

EPA Identification

no.

Type of Monitoring

Point

Type of Discharge

Point

Location Description

1

Discharge Point 1

Discharge Point 1

Overflow point at sediment basin of quarry

Limit conditions L1. Pollution of waters L1.1 Except as may be expressly provided by a licence under the Protection of the Environment

Operations Act 1997 in relation of the development, section 120 of the Protection of the Environment Operations Act 1997 must be complied with in and in connection with the carrying out of the development.


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L2. Concentration limits L2.1 For each monitoring/discharge point or utilisation area specified in the table/s (by a point

number), the concentration of a pollutant discharged at that point, or applied to that area, must not exceed the concentration limits specified for that pollutant in the table.

L2.2 Where a pH quality limit is specified in the Table, the specified percentage of samples must

be within the specified ranges. L2.3 To avoid any doubt, this condition does not authorise the pollution of waters by any pollutant

other than those specified in the table/s. L2.4 Water and/or Land Concentration Limits

Point 1

Pollutant Units of measure

50% Concentration

limit

90% concentration

limit

3DGM concentration

limit

100% concentration

limit

Oil and Grease Visible Nil

Ph pH 6.5-8.5

Total suspended Solids

mg/L 50

L2.5 The concentration limits in the above table do not apply to any discharge from the sediment

basin (at Point 1) solely arising from rainfall measured at the premises exceeding 84.8mm in total falling over any consecutive five (5) day period.

L2.6 If the applicant uses turbidity (NTU) in place of total suspended solids (TSS) to determine

compliance with the EPA's general terms of approval, or a licence issued under the Protection of the Environment Operations Act 1997, the applicant must develop a statistical correlation which identifies the relationship between NTU and TSS for water quality in the sediment basin/s in order to determine the NTU equivalent of 50 mg/L TSS prior to its use.

L2.7 The applicant must provide the EPA with a copy of the statistical correlation assessment

methodology and results before using NTU in place or TSS. L2.8 The applicant must develop and implement a method to enable the ongoing verification of

the relationship between NTU and TSS. L2.9 The applicant must provide the EPA with any amendments the applicant makes to the

statistical correlation as a result or the ongoing verification required by Condition L2.8 before using the revised statistical correlation.

L3. Waste L3.1 The applicant must not cause, permit or allow any waste generated outside the premises to

be received at the premises for storage, treatment, processing, reprocessing or disposal or any waste generated at the premises to be disposed of at the premises, except as expressly permitted by a licence under the Protection of the Environment Operations Act 1997


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L3.2 This condition only applies to the storage, treatment, processing, reprocessing or disposal

of waste at the premises if it requires an environment protection licence under the Protection of the Environment Operations Act 1997.

L4. Noise Limits L4.1 Noise from the premises must not exceed an LAeq(15 minute) noise emission criterion of

35dB(A), except as expressly provided by these general terms of approval. L4.2 Noise from the premises is to be measured at the most affected residential receiver who

has not given written permission for an exceedance of condition L4.1to determine compliance with this condition.

L4.3 The noise limits set out in condition L4.1 apply under all meteorological conditions except

for the following:

Wind Speeds greater than 3 meters/second at 10 metres above ground level; or temperature inversion conditions up to 30C/100m and wind speeds greater than 2

metres/second at 10 metres above ground level or temperature inversion conditions greater than 30C/100m.

L5. Blasting L5.1 Blasting operations at the premises may only take place between 9:00am and 5:00pm

Monday to Friday, and 9:00am and 1:00pm Saturday, and at no time on Sundays and Public Holidays. (Where compelling safety reasons exist, the EPA may permit a blast to occur outside the abovementioned hours. Prior written (or facsimile) notification of any such blast must be made to the EPA).

L5.2 The overpressure level from blasting operations in or on the premises must not exceed:

a) 115dB (Lin Peak) for more than 5% of the total number of blasts during each reporting period; and

b) 120dB (Lin Peak) at any time,

at any point within 1 metre of any affected residential boundary or other noise sensitive location unless the location is owned by the licensee or is subject to a private written agreement between the owner of the residence or noise sensitive location as to an alternative overpressure level

L5.3 The ground vibration peak particle velocity from blasting operations carried out in or on the

premises must not exceed:

a) 5mm/s for more than 5% of the total number of blasts carried out on the premises during each reporting period; and

b) 10mm/s at any time,

at any point with 1 metre of any affected residential boundary or other noise sensitive location unless the location is owned by the licensee or is subject to a private written agreement between the owner of the residence or noise sensitive location as to an alternative ground peak velocity level.

L5.4 All sensitive receivers are to be given at least 24 hours’ notice when blasting is to be

undertaken.


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L6. Hours of operation L6.1 Activities covered by the EPA's general terms of approval, or a licence under the Protection

of the Environment Operations Act 1997, must only be carried out between the hours of 7:0oam and 6:00pm Monday to Friday, and 8:00am and 1:00pm Saturday, and at no time on Sundays and Public Holidays.

L6.2 This condition does not apply to the delivery of material outside the hours of operation

permitted by condition L6.1 if that delivery is required by police or other authorities for safety reasons; and/or the operation or personnel or equipment are endangered. In such circumstances, prior notification must be provided to the EPA and affected residents as soon as possible, or in a reasonable period in the case of emergency

L6.3 The hours of operation specified in condition L6.1may be varied with written consent if the

EPA is satisfied that the amenity of the residents in the locality will not be adversely affected.

Operating conditions 01. Dust 01.1 Activities occurring in or on the premises must be carried out in a manner that will minimise

the generation. or emission from the premises. of wind-blown or traffic generated dust. 01.2 Trucks entering and leaving the premises that are carrying loads must be covered at all

times, except during loading and unloading. 02. Processes and management 02.1 Sediment basins shall be treated, if required, to reduce the Total Suspended Solids level to

the concentration limit of 50 mg/L provided by the EPA's general terms of approval or a licence under the Protection of the Environment Operations Act 1997, before being released to the environment. Treatment can be with gypsum or any other material that has been approved by the EPA.

02.2 The applicant must maximise the diversion of run-on waters from lands upslope and around

the site whist land disturbance activities are being undertaken. 02.3 The applicant must maximise the diversion of stormwater runoff containing suspended

solids to sediment basins installed on the premises. 02.4 Where sediment basins are necessary, all sediment basins and associated drainage must

be installed and commissioned prior to the commencement of any clearing or grubbing works within the catchment area of the sediment basin that may cause sediment to leave the site.

02.5 The applicant must ensure the design storage capacity of the sediment basins installed on

the premises is reinstated within 5 days of the cessation of a rainfall event that causes runoff to occur on or from the premises.

02.6 The applicant must ensure that sampling point(s) for water discharged from the sediment

basin(s) are provided and maintained in an appropriate condition to permit:

a) the clear identification of each sediment basin and discharge point;


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b) the collection of representative samples of the water discharged from the sediment basin(s); and

c) access to sampling point(s) at all times by an authorised officer of the EPA.

02.7 The applicant must endeavour to maximise the reuse of captured stormwater on the premises.

02.8 Each sedimentation basin must have a marker (the "sediment basin marker”) that identifies

the upper level of the sediment storage zone. 02.9 Whenever the level of liquid and other material in any sedimentation basin exceeds the

level indicated by the sedimentation basin marker, the licensee must take all practical measures as soon as possible to reduce the level of liquid and other material in the sedimentation basin.

02.10 All liquid chemicals, fuels oils must be stored in tanks or containers inside suitable bund(s).

Bund(s) are to be designed, constructed and maintained in accordance with AS1940.2004 Storage and Handling of Flammable and Combustible Liquids.

Monitoring and Recording Conditions M1 Monitoring records M1.1 The results of any monitoring required to be conducted by the EPA's general terms of

approval, or a licence under the Protection of the Environment Operations Act 1997, in relation to the development or in order to comply with the load calculation protocol must be recorded and retained as set out in conditions M1.2 andM1.3.

M1.2 All records required to be kept by the EPA's general terms of approval, or a licence under

the Protection of the Environment Operations Act 1997, must be:

a) in a legible form, or in a form that can readily be reduced to a legible form; b) kept for at least 4 years after the monitoring or event to which they relate took place, and c) produced in a legible form to any authorised officer of the EPA Who asks to see them.

M13. The following records must be kept in respect of any samples required to be collected:

a) the date(s) on Which the sample was taken; b) the time(s) at Which the sample was collected; c) the point at Which the sample was taken; and d) the name of the person who collected the sample.

M2. Requirement to monitor concentration of pollutants discharged M2.1 For each monitoring/discharge point or utilisation area specified below (by a point number),

the applicant must monitor (by sampling and obtaining results by analysis) the concentrate on of each pollutant specified in Column 1. The applicant must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns:

POINT 1 Water and land

Pollutant Units of measures Frequency Sampling Method

Oil and Grease Visible Special Frequency 1 Grab sample

pH pH Special Frequency 1 Grab sample

Total suspended solids

Mg/L Special Frequency 1 Grab sample

Note: Special Frequency 1 means <24 hours prior to a controlled /scheduled discharge and daily for any continued controlled/scheduled discharge


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M3. Testing methods- concentration limits M3.1 Subject to any express provision to the contrary of the EPA's general terms of approval or a

licence under the Protection of the Environment Operations Act 1997, monitoring for the concentration of a pollutant discharged to waters or applied to a utilisation area must be done in accordance with the Approved Methods Publication unless another method has been approved by the EPA in writing before any tests are conducted.

M4. Environmental monitoring M4.1 The applicant is required to install and maintain a rainfall depth measuring device. M4.2 Rainfall at the premises must be measured and recorded in millimetres per 24 hour period

at the same time each day.

Note: The rainfall monitoring data collected in compliance with Condition M4.2 can be used to determine compliance with L2.4.

M5. Blast Monitoring M5.1 For the purpose of blast monitoring, the ground vibration or the overpressure must be

measured at the most affected noise sensitive receiver at:

a) the residential boundary; or b) 30 metres from residences in rural situations where the boundary is more than 30 metres

from residences. Air blast overpressure levels should not be measured within 3.5 metres of any building. Ground vibration levels should not be measured with the longest dimension of the foundations of a building or structure away from such building or structure.

M6. Other monitoring and recording conditions M6.1 For the purposes of monitoring for compliance with the noise limit conditions of the EPA's

general terms of approval, or a licence under the Protection of the Environment Operations Act 1997. (condition L4) noise emitted from the premises must be measured or computed at 30 metres from the nearest residential dwellings over a period of 15 minutes using the "Fast” ·response on the sound level meter. A modifying factor correction must be applied for tonal impulsive, or intermittent noise in accordance with the document NSW Industrial Noise Policy (NSW EPA, January 2000).

Reporting conditions R11 The applicant must provide an annual return to the EPA in relation to the development as

required by any licence under the Protection of the Environment Operations Act 1997 in relation to the development. In the return the applicant must report on the annual monitoring undertaken (where the activity results in pollutant discharges), provide a summary of complaints relating to the development, report on compliance with licence conditions and provide a calculation of licence fees (administrative fees and, where relevant load based fees) that are payable. If load based fees apply to the activity the applicant will be required to submit load-based fee calculation work sheets with the return.

The motion was put and lost with the voting as shown below. For: Harrison, Scott and Troy

Against: Manning, Carter, King and Klipin


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During the debate on MOTION 08.027/13, an extension of time was granted to Cr Manning who was speaking against the motion. Meeting was adjourned at 7.30pm and resumed at 7.57pm

08.029/13

MOTION (Cr Klipin/Cr King) That DA 2013/DA-00030 Increase in Production of Quarry Operations, Lot 622 12 DP 810307, No. 289 Old Coramba Road (North), Megan be refused on the following grounds:

a) Public Interest

a.Safety

b.Economic Opportunity cost

c.Aural amenity (sound studies noise and vibration)

b) Inconclusive data arising from conflicting traffic data

For: Manning, Carter, King and Klipin

Against: Harrison, Scott and Troy

08.028/13

PROCEDURAL MOTION (Cr Troy/Cr Scott) That an extension of time be granted to Cr Gordon Manning to continue his comments in relation to the motion under debate. UNANIMOUS

8.2 increase in production of quarry operations, lot 622 dp … · 2015. 6. 29. · 2013 for the...

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