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$: Ostern Quarry - Otorohanga District€¦ · AECOM Ostern Quarry \\nztrg1fp001.au.aecomnet.com\jobs\42040584\5 Works\Osterns Quarry\Revised AEE - June 2015 - June 2016\Osterns Quarry$
\\nztrg1fp001.au.aecomnet.com\jobs\42040584\5 Works\Osterns Quarry\Revised AEE - June 2015 - June 2016\Osterns Quarry AEE - Final30.6.2016.docx30-Jun-2016Prepared for – Ostern Quarries Limited – Co No.: 588234

Ostern Quarries Limited30-Jun-2016

Ostern Quarry

Assessment of Effects on the Environment to support ResourceConsent Applications to Waikato Regional Council and OtorohangaDistrict Council

AECOM Ostern Quarry


Ostern QuarryAssessment of Effects on the Environment to support Resource Consent Applications to Waikato RegionalCouncil and Otorohanga District Council

Client: Ostern Quarries Limited

Co No.: 588234

Prepared byAECOM New Zealand Limited121 Rostrevor Street, Hamilton 3204, PO Box 434, Waikato MC, Hamilton 3240, New ZealandT +64 7 834 8980 F +64 7 834 8981 www.aecom.com

30-Jun-2016

Job No.: URS-42040584

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AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No otherparty should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to anythird party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements andAECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professionalprinciples. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of whichmay not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.

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Quality InformationDocument Ostern Quarry

Ref URS-42040584

Date 30-Jun-2016

Prepared by Daniel Murray/Louis Morell

Reviewed by Richard Harkness

Revision History

Revision Revision Date DetailsAuthorised

Name/Position Signature

0 20-Feb-2015 Grant EcclesAssociate Director -Planning

1 30 June 2016 Updated to includeassessments for those landuse activities requiringresource consent from theOtorohanga District Council;various updates and withrespect to those activitiesrequiring resource consentfrom the Waikato RegionalCouncil.

Grant EcclesAssociate Director -Planning

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Table of ContentsExecutive Summary 11.0 Introduction 2

1.1 Purpose and scope of this report 21.2 Overview of the proposal 21.3 Resource consents sought 21.4 Legal description and ownership 41.5 Content of this report 4

2.0 Background 52.1 Osterns I 52.2 Osterns II 52.3 Osterns III 62.4 Hungerford property 6

3.0 Description of the Environment 73.1 Location 73.2 Access 73.3 Quarry and overburden areas 73.4 Surrounding land uses 83.5 Landscape and visual character 83.6 Ecology 83.7 Geology 93.8 Water resources 9

3.8.1 Rainfall and evaporation 93.8.2 Surface water 93.8.3 Groundwater 9

3.9 Heritage and archaeology 103.9.1 Whiti Te Marama Pa (NZAA ref: S15/217) 103.9.2 Tokonui Pa (NZAA ref: S15/319) 103.9.3 Pukerimu Pa (NZAA ref: S15/218) 10

4.0 Description of the Activity 114.1 Overview 114.2 Product use 114.3 Stripping and overburden removal 114.4 Overburden placement 124.5 Extraction and blasting 124.6 Manufacturing and processing 124.7 Storage and stockpiling 134.8 Product load-out and dispatch 134.9 Product importation, storage and distribution 134.10 Cleanfill importation and disposal 134.11 Long-term rehabilitation 134.12 Water and discharge management 14

4.12.1 Water takes 144.12.2 Discharges 14

4.13 Dust management 154.14 Storage and use of hazardous substances 154.15 Staff facilities 154.16 Access 15

5.0 Resource consent requirements 165.1 Otorohanga District Council 16

5.1.1 Planning maps 165.1.2 Rules 16

5.2 Waikato Regional Council 186.0 Consultation 22

6.1 Department of Conservation 226.2 New Zealand Transport Agency 22

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6.3 Heritage New Zealand 226.4 Fish & Game 236.5 Maniapoto Maori Trust Board 236.6 Neighbouring Properties 24

7.0 Assessment of Effects 257.1 Overview 257.2 Positive Effects 257.3 Earthworks / Quarrying 25

7.3.1 General principles for erosion and sediment control 257.3.2 Stability of proposed cuts and fills 267.3.3 Dust management 26

7.4 Traffic effects 277.5 Noise effects 287.6 Landscape and visual effects 29

7.6.1 Landscape effects 297.6.2 Visual effects 297.6.3 Overall evaluation 30

7.7 Ecological Effects 307.8 Archaeological effects 307.9 Cultural effects 317.10 Surface water effects (stormwater) 31

7.10.1 Osterns I 317.10.2 Osterns II 327.10.3 Osterns III 327.10.4 Hungerford property 33

7.11 Ground water effects 337.11.1 Water abstraction 337.11.2 Water balance 347.11.3 Ground water quality 35

8.0 RMA Statutory Assessment 368.1 Part 2 – Purpose and Principles 36

8.1.1 Section 5 - Purpose 368.1.2 Section 6 – Matters of national importance 368.1.3 Section 7 – Other matters 368.1.4 Section 8 – Principles of the Treaty of Waitangi 37

8.2 Part 6 – Resource Consents 378.2.1 Section 104 Consideration of applications 378.2.2 Section 104B Determination of applications for discretionary or non-complying

activities: 378.2.3 Section 105 Matters relevant to certain applications 388.2.4 Section 107 Restriction on grant of certain discharge permits 38

8.3 National Policy Statements 388.3.1 The National Policy Statement for Freshwater Management 2014 39

8.4 Operative Waikato Regional Policy Statement 408.5 Proposed Waikato Regional Policy Statement 418.6 Waikato Regional Plan 418.7 Otorohanga District Plan 42

8.7.1 Assessment Criteria 438.8 Tai Tumu Tai Pari Tai Ao/Waikato-Tainui Environmental Plan 438.9 Summary 44

9.0 Notification Assessment 459.1 Public Notification Assessment 459.2 Limited Notification 45

10.0 Conclusions 47

Appendix ASite Layout and Certificates of Title A

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Appendix BExisting Resource Consents B

Appendix CTraffic Assessment C

Appendix DNoise Assessment D

Appendix ELandscape and Visual Assessment E

Appendix FStormwater Assessment F

Appendix GGroundwater and Surface Water Assessment G

Appendix HArchaeology Assessment H

Appendix IObjectives and Policies I

Appendix JOtorohanga District Plan Assessment Criteria J

Appendix KConsultation Details and Written Approvals K

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Executive SummaryOsterns Quarries Limited (OQL; aSwap Group Company) seeks resource consents from the Waikato RegionalCouncil and Otorohanga District Council to continue activities which have been established at the Osterns Quarryover several decades. To date the activities have relied on a mix of existing resource consents. However, withsome of the consents due to expire, and future expansion proposed, OQL is applying for a comprehensivepackage of resource consents to authorise continued quarrying until 2050 (i.e. 35-year terms).

The Osterns Quarry is located adjacent to State Highway 3 approximately 13 km south of Te Awamutu and 16 kmnorth of Otorohanga. There are three distinct quarrying areas at the site, which are referred to as Osterns I, II andIII. An adjacent property, referred to as the Hungerford site, is proposed to be used for disposing of some of theoverburden generated from quarry operations.

Principally the activities for which consents are sought involve the excavation, processing anddeposition/stockpiling of rock and overburden, and subsequent transport of saleable product from the site.Related activities include the provision of staff facilities, operation of plant and machinery, and water take anddischarge management activities.

The Osterns Quarry is well located within the eastern Waikato area to service the aggregate needs of the regionwith excellent reserves of high-grade material. Aggregates perform a vital role in society and underpin manyfacets which contribute to the social and economic wellbeing of people and communities. Any adverse effects ofthe proposal are capable of being avoided, remedied, or mitigated to the extent that they are no more than minor.

The proposal is considered to be consistent with the purpose and principles of the Resource Management Act1991, and the underlying regional policy and planning documents. Accordingly it is considered the consentssought can be granted, subject to conditions.

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1.0 Introduction

1.1 Purpose and scope of this reportThis Assessment of Effects on the Environment (AEE) supports resource consent applications made by OsternQuarries (1993) Limited1 (OQL; the Applicant) to the Waikato Regional Council (WRC) and Otorohanga DistrictCouncil (ODC). The application seeks to authorise the continuation of existing quarrying activities at the siteknown as Osterns Quarry, Te Kawa.

This document supersedes, in full, the AEE submitted to WRC and ODC on 20 February 2015. It includes allinformation in the earlier AEE, but has been updated to include descriptions and assessments relating to the fullsuite of activities requiring land use consent from ODC; particularly for landscape assessment, analysis of allobjectives and policies, site access to State Highway 3 (in liaison with NZTA), the internal access track andassociated removal of hill side feature, rehabilitation, and impacts on cultural and archaeological aspects. It alsoincludes information which responds to initial queries made by WRC with respect to the water balance at the site.

This AEE has been prepared in accordance with Sections 88 and Schedule 4 of the RMA. It describes theproposed activities and the environment at the site, and assesses the actual and potential environmental effectsof allowing the activity. The detail provided accords with the scale and significance of the environmental effects inquestion.

1.2 Overview of the proposalOQL seeks to continue activities which have been established at the Osterns Quarry over several decades.Principally the activities involve the excavation, sorting, processing and deposition/stockpiling of rock andoverburden, and subsequent transport of saleable product from the site. Related activities include the provision ofstaff facilities, operation of plant and machinery, and water take and discharge management activities. Osternsseeks to continue these activities until 2050, including improvements to the site.

The Osterns Quarry is located adjacent to State Highway 3 approximately 13 km south of Te Awamutu and 16 kmnorth of Otorohanga. There are three distinct quarrying areas at the site, which are referred to in this report asOsterns I, II and III. An adjacent property, referred to in this report as the Hungerford site, is proposed to be usedfor disposing of some of the overburden generated from quarry operations. The location of key areas andactivities is illustrated in the drawing in Appendix A.

A detailed description of the environment and the proposal is included in Sections 3 and 4 of this reportrespectively.

1.3 Resource consents soughtTo date the activities undertaken have relied on a mix of existing resource consents. However, with some of theconsents due to expire, and future activities proposed, Osterns is applying for a comprehensive package ofresource consents to authorise continued quarrying until 2050 (i.e. 35-year terms). The packages are separatedinto the main quarry sites (Osterns I-III) and the Hungerford site. Where possible it is the intention to rationalisemultiple existing consents into a singular consent (for example, one discharge consents for the Osterns site). Theresource consents sought are outlined in Table 1 overleaf.

1 Ostern Quarries (1993) Limited is wholly owned by J.Swap Contractors Limited.

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Table 1 Summary of existing and proposed resource consents required from WRC

AreaResource consents

Existing Proposed Activity

Osterns I

Osterns IIand III

RC111131-37(expire 30November2024)

RC101059,101060,103398 and103399(expire 24August 2015

AUTH135079.01.01

To discharge overburden to land in association with quarryingactivities

AUTH135079.02.01

To undertake earthworks in a high risk erosion area inassociation with quarrying activities

AUTH135079.03.01

To take and use up to 1,500 m3/day of groundwater fordewatering, processing, and dust suppression activities, fromWT1

AUTH135079.04.01

To take and use up to 85 m3/day of water from theMangakaeo Stream, at WT2, for processing and dustsuppression activities

AUTH135079.05.01

To dam and divert surface water for the purpose of stormwatermanagement in association with quarrying activities

AUTH135079.06.01

To discharge stormwater and processing water to land and tothe Mangakaeo Stream

AUTH135079.07.01

To discharge dust to air from quarrying, earthworks andstockpiling activities

AUTHXXXXXX [landuse]

To excavate and disturb the bed of Mangakaeo Stream tomaintain intake and outlet structures.

Hungerford n/a AUTHXXXXXX [landuse]

To discharge overburden to land in association with quarryingactivities

AUTHXXXXXX [landuse]

To reclaim the bed of an unnamed tributary of the MangakaeoStream for the purposes of placing overburden

AUTHXXXXXX [waterpermit]

To dam and divert (i) surface water for the purpose ofstormwater management, and; (ii) an unnamed tributary of theMangakaeo Stream for the purposes of placing overburden

AUTHXXXXXX[dischargepermit]

To discharge stormwater to land and to an unnamed tributaryof the Mangakaeo Stream

AUTHXXXXXX[dischargepermit]

To discharge dust to air from quarrying, earthworks andstockpiling activities

The background to the existing consents is discussed in Section 2 of this report, and a detailed description of theresource consents sought from both WRC and ODC is identified in Section 5.

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1.4 Legal description and ownershipThe details of the properties subject to the current resource consent applications are identified in Table 2 below:Table 2 Property details

Area Legal description Owner

Osterns I Lot 3 DPS 39237 Ostern Quarries (1993) Limited

Osterns II Pt C8B TokanuiTe Kawa Quarries Limited

Osterns III Lot 3 DPS 89595

Hungerford Lot 2 DPS 39237 Dalesworth Properties Limited

Lot 1 DPS 89595BL and JW Hungerford; FMS Trustees Limited

Lot 2 DP 396441

Te Kawa Quarries Limited and Dalesworth Properties Limited, and Ostern Quarries (1993) Limited are whollyowned by the Swap Group.

An agreement in principle to use the Hungerford property for overburden placement has been established.

1.5 Content of this reportThe remainder of this AEE is set out as follows:

- Section 2 – Background to the proposal

- Section 3 – A description of the environment at the Osterns Quarry site and surrounds

- Section 4 – A detailed description of the proposed activity

- Section 5 – Assessment of district and regional plan rules and resource consents required

- Section 6 – A summary of consultation undertaken

- Section 7 – Assessment of effects of the proposed activity

- Section 8 – Statutory assessment of the proposal against key provisions of the RMA

- Section 9 – Conclusions.

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2.0 BackgroundThis section provides an overview of the operations and consenting history applying to the sites. Copies of theconsent documents referred to are located in Appendix B.

2.1 Osterns IQuarrying within Osterns I was established in 1948 by the Borough of Te Awamutu. The site has been operatedcontinuously since that time. Extraction records from the early years of operation are unavailable, however, anentry in the Ministry of Commerce's publication New Zealand Annual Mining Review 1989 listed the production forthat year as being 109,582 tonnes per annum (tpa). Resource consent applications prepared for the site in 1991refer to annual production as being 350,000 tpa. Production in recent years has remained steady at similar levels.

In 1991, when the RMA was enacted, Osterns Quarries (1993) Limited applied for and obtained three consentsfrom the WRC as follows:

- 910353: Discharge up to 14 l/s of treated stormwater to Mangakaeo Stream

- 910354: Discharge up to 15 l/s of treated stormwater to Mangakaeo Stream

- 910355: Abstract 85m3 of water per day from Mangakaeo Stream

All three consents expired on 30 November 2001.

In 1996, Ostern Quarries (1993) Ltd requested a Certificate of Compliance2 from ODC to confirm the ‘existing use’status of the operations. That Certificate was never issued by the Council for unknown reasons. At that timequarrying was a discretionary activity in the Otorohanga District Plan under the Rural B provisions.

In May 2004, Ostern Quarries (1993) Ltd applied to and was granted by WRC all the necessary regional councilresource consents required to operate the quarry in accordance with the ‘status quo’. These consents are:

- 111131: Discharge dust generated by quarrying activities to air.

- 111132: Divert and discharge clean stormwater to the Mangakaeo Stream in association with quarryingactivities.

- 111133: Divert and discharge up to 20 litres per second of settled stormwater to the Mangakaeo Stream inassociation with quarrying activities.

- 111134: Divert and discharge up to 20 litres per second of treated process and wash water to theMangakaeo Stream from quarrying activities.

- 111135: Discharge stormwater to ground in association with quarrying activities.

- 111136: Discharge stormwater to ground in association with quarrying activities.

- 111137: Take up to 85 cubic metres per day, at a rate of up to 7 cubic metres per hour of water from theMangakaeo Stream for aggregate washing and dust suppression purposes.

All seven consents expire on 30 November 2024.

2.2 Osterns IIOsterns II as historically been known as either the ‘Te Kawa’ or ‘McFalls’ Quarry. It was established in 1922 andhas operated continuously since that time.

In April 1996, a resource consent application was made to ODC by McFall Enterprises Limited to extract 50,000m3/year (~80,000 tpa), but this was later withdrawn and proposed operations scaled back to 25,000m3/year(40,000 tpa) in order to fall under existing use provisions. An existing use certificate was not pursued.

McFall Enterprises held resource consent 870783 from the WRC to discharge treated quarry stormwater to theMangakaeo Stream. When this expired in August 1998, consents were applied for and later granted (in August2000) by the WRC for the following:

2 Pursuant to Section 139 of the RMA at that time (now Section 139A)

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- 101059: To discharge settled stormwater into a roadside drain, which enters an unnamed tributary of theMangakaeo Stream, from a hard rock quarry;

- 101060: To discharge contaminants (dust) into the air from a hard rock quarry;

- 103398: To place overburden onto land, and discharge contaminants (settled stormwater) emanating from it,into a roadside drain which enters an un-named tributary of the Mangakaeo Stream, for quarrying purposes;

- 103399: To carry out works in a high risk erosion area during overburden stripping and track developmentworks;

All four consents expire on 24 August 2015.

2.3 Osterns IIIArea III has historically been referred to as the Pukerimu Quarry. It was established in a similar era to Osterns II.Exact production records are unavailable, however, it is estimated production was as high as 25 000 tpa in 1991.

Smaller scale activity has occurred at Osterns III in recent times including stockpiling and storage of materials. Ithas also been used for the placement of overburden from operations at Osterns I.

The site was formerly operated by Corboy Contracting Limited under a resource consent from ODC, which hassince expired. After McFall Enterprises purchased the site a land use resource consent (2000DA19) was grantedby ODC in August 2000; this consent expires on 24 August 2015. This consent only authorises the site to beused for overburden placement.

The WRC resource consents for Osterns II also apply to Osterns III. This is made clear within the Section 42Aofficer’s report prepared in August 20003:

“Due to the expiry of resource consent number 870783 [Osterns II] and the acquisition of the neighbouringPukerimu Quarry, McFall Enterprises Limited have reviewed the development of Te Kawa Quarry, and nowpropose to expand the main quarry pit in a north easterly direction. This will not involve any significantchanges to the current operation, apart from the trucking of overburden from the Te Kawa site into theneighbouring Pukerimu site, and placement of it in the abandoned Pukerimu Quarry pit.” – Section 4.2

Conditions of consent also refer to the management of the Pukerimu quarry.

2.4 Hungerford propertyNo overburden has been deposited on the Hungerford property to date and no resource consents have yet beenobtained from ODC or WRC.

3 Waikato Regional Council – Staff Report, File Ref: 60 05 55A, Resource consent application numbers 101059, 101060,103398 and 103399 by McFall Enterprises Limited to continue operating the Te Kawa Quarry, State Highway 3, Te Kawa,August 2000.

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3.0 Description of the Environment

3.1 LocationThe Ostern Quarry site is located adjacent to State Highway 3 (Otorohanga Road) approximately 13 km south ofTe Awamutu and 16 km north of Otorohanga. Figure 1 below provides an overview of the site location.

Figure 1 General locality of the Osterns Quarry

3.2 AccessExisting access to Osterns I is via a vehicle crossing on State Highway 3 at the eastern extent of the currentquarrying operation on Osterns I. The Hungerford site will then be reached by internal access roading (yet to bedeveloped).

Access to Osterns II and III is via a vehicle crossing on State Highway 3 approximately 440 m east of the OsternsI entrance.

As part of the current proposal OQL intend to rationalise access to Ostern Quarries to a single vehicle crossing.This is discussed further in Section 4 of this report.

3.3 Quarry and overburden areasOsterns I is the largest of the quarry areas and is home to the majority of the processing, stockpiling and stafffacilities. The extraction activities are located within a singular main pit. Overburden disposal occurs within asingular disposal site located in a rear gully behind the extraction pit.

The principal feature of Osterns II is a deep excavation which is naturally filled with stormwater runoff andgroundwater seepage. Current activities on site include stockpiling, storage and limited dispatch operations.Further quarrying of this pit is proposed in the future.

Osterns III has not been subject to extraction activities for several years. Currently the site is used for limitedstockpiling, storage and disposal of some overburden from Osterns I.

OsternQuarry

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The overburden site on the Hungerford property is yet to be established. It occupies a gully of an ephemeralwatercourse which drains off the hills into which the quarries are established. Only following significant rainfalldoes the watercourse contain water.

A smaller overburden area is proposed to the west of the Hungerford site on the Dalesworth property. This is asmaller gully which leads into the main Hungerford gully.

3.4 Surrounding land usesOsterns I-III front on to State Highway 3. which has a daily traffic volume of approximately 5,000 vehicles (refer tothe report in Appendix C for further details).

The land surrounding the quarry sites is typical of a modified rural environment, being used for either dairy or beeffarming. Generally the land is open in character and interspersed with small pockets of trees and other vegetation(typically on fencelines, roads/tracks, and streams/drains). Further information on landscape character iscontained in Section 3.5 below.

There are a number of dwelling houses (and their accessory buildings) and farm buildings located in proximity tothe site. Sensitive receptors are identified in the noise assessment report in Appendix D.

3.5 Landscape and visual characterThe following information is briefly summarised from the landscape report in Appendix E of this AEE. Pleaserefer to the report for full details.

The subject site is located within a gradual transition between the flat alluvial plains and lowland peat landscapesassociated with the middle Waikato Basin to the north, and the gently rolling hill country associated with thedissected greywacke and limestone plateaux of the King Country, lower volcanic flanks of Mounts Pirongia, andthe Rangitoto Range to the south. In addition to Pirongia, the volcanic features and peaks of Kakapuku, Te Kawaand Maugatautari, punctuate this plains landscape to the northwest and northeast respectively. The remnantforest cover of these massiffs is in contrast to the largely modified pastoral character of the surrounding pastorallandscape.

Rural land use surrounding the site influences the character and visual amenity of the area. Pastoral grazing (withsome small blocks of horticulture) is the predominant land use and impart the wider landscape with a largely openspatial character. A degree of compartmentalisation is provided by Hedgerows, (e.g. Hawthorne) and exoticshelter planting, (e.g. Poplar, and Pine) on property and paddock boundaries, which encloses views to thebroader landscape from some locations. It is noted that some of the shelter trees in the surrounding landscapeare deciduous. As such, during the winter months, the landscape will have a more open character than whentrees are in leaf.

Viewed from SH3, the Ostern Quarry site is characterised by a steep undulating ridgeline set back approximately200m from the road. This ridgeline, with incursions created by quarrying, follows SH3 along the southernboundary of the site, before it curls towards the northwest, around the western corner of the quarry. The twoactively worked pits (Osterns I & Osterns II), which are separated by a stockpile and storage yard area, occupythe part of the site between SH3 and this ridgeline. While a patchy cover of grass is establishing on faces of thequarry that have not been worked recently, the shear slopes of the quarry face and areas of exposed rockcontrast with the surrounding rolling pastoral landscape. Clusters of shelterbelt planting line the southernboundary of the site, with gaps at the entrances to the quarry. At the main entrance, the benched profile ofOsterns I and the storage piles form the most noticeable visual features of the quarry operation.

3.6 EcologyThe existing quarry footprints are well-established and heavily modified features and hence there is little terrestrialecological value in the footprints themselves. The proposed expansion involves minor extensions to the existingfootprint and only affects grassed areas consistent with a pastoral environment.

The overburden areas on the Hungerford and Dalesworth properties will be carried out in gullies which containpastoral and exotic vegetation. The vegetation is not specifically identified in the Otorohanga District Plan ashaving any value.

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3.7 GeologyThe quarry is based on an argillitic greywacke rock resource which ranges in quality from highly weathered brownmaterial to blue/brown and to unweathered, competent, blue rock. The brown rock is located beneath a layer ofclay overburden varying between 100 metres and 20 metres in depth.

Further details on the regional and local geology are contained in the groundwater assessment in Appendix G.

3.8 Water resourcesThe following information is briefly summarised from the technical reports in Appendices F and G of this AEE.Please refer to the reports for full details.

3.8.1 Rainfall and evaporation

The Waikato district has a mild climate, with a moderate level of annual rainfall. Average annual rainfall for theregion (agent station number 2197) is 1130 mm, July is the wettest month with an average of 118 mm of rain,whilst January is the driest month with an average of 68 mm of rain.

Evaporation data for open water for the area (station 37656) indicates an average annual evaporation ofapproximately 2.7 mm per day (986 mm annual total). Evaporation is highest in January with an average of 4.4mm per day; June has the lowest evaporation at 1.2 mm per day.

3.8.2 Surface water

Ostern Quarry is located on the north-northwest side of a series of hills that drain to the Mangakaeo Stream. TheMangakaeo Stream flows through a greywacke-type catchment, where headwaters originate near greywackeoutcrops approximately 4 km south of the site near Ngahape. The stream flows around the southern boundary ofthe site toward the west, along the contact between the Osterns greywacke outcrop and the surrounding alluvium.

The Mangakaeo Stream comprises a small volume of water that has passed through pastoral land (dairy farming)at its source, prior to reaching the Ostern Quarry site. The stream has been channelled and drained as it crossesfarmland on the upstream side of SH3. The stream is subject to effluent discharges due to farming activities andunrestricted access by livestock. Water quality is therefore likely to be poor.

Ostern currently hold consent to take water (85 m3/day) from the Mangakaeo Stream for quarry operations and todischarge settled and treated quarry stormwater to the Mangakaeo Stream .

There is no available flow data for the stream. In terms of water quality, water is tested monthly under existingconsents held for the quarry. The results indicate that Osterns I water (after settlement) is generally more alkaline(pH 8.0) with elevated turbidity (5 – 61 NTU) and TSS (4 – 44 g/m3) with respect to the two Mangakaeo Streamlocations (pH ~7; turbidity <5 NTU; TSS <10). The difference in these parameters between the upstream anddownstream Mangakaeo locations relative to the discharge point is negligible.

The nearest major surface water body is the Puniu River, located approximately 5 km to the northeast of the site.

3.8.3 Groundwater

The study area is located within the area referred to as the Waipa Aquifer (Map 11 of the Waikato Regional Plan).The basement greywacke aquifer underlies the shallow, more accessible Tauranga Group. The Taurangasediments are generally considered to be the more viable resource. The two aquifers are considered to behydraulically separated by the upper highly weathered greywacke unit.

Groundwater recharge to the Tauranga aquifer system is expected to be from rainfall infiltration over the alluviallowlands, rainfall recharge to hills to the east, west and south. Recharge to the deeper greywacke is from acombination of slow vertical seepage from the areas of overlying Tauranga Group sediments and greywackeoutcrops, and possibly some contribution from lateral leakage through faults/fractures. Groundwater flow on aregional scale is inferred to be north toward the Puniu River.

In the vicinity of the site, shallow groundwater discharge is to the local incised stream networks. This includessprings which are inferred to discharge to the northeast into local gullies north of the site where an increase invegetative cover is noted. The springs likely receive rainfall recharge via filtration from topographic highs (e.g.flanks of the greywacke outcrop) and have been interpreted to discharge where the contact between the upperweathered greywacke (low permeability) and the overlying, permeable Tauranga sediments intersect the groundsurface.

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The pits on Osterns I and II are adjacent to each other within the same greywacke block outcrop, however, eachhas a distinct local hydrogeological setting. The Osterns I pit is generally dry (in a constant state of beingdewatered from quarry operations) with minimal to no observed seepage from the pit walls. The pit on Osterns IIcontains water at all times with a relatively stable water level, even with water being taken for quarry operations.It is inferred to receive groundwater inflows from fracture-only flow.

3.9 Heritage and archaeologyAdjacent to the site are three pa sites collectively known as the ‘Three Sisters’ and individually referred to as WhitiTe Marama Pa, Tokonui Pa, and Pukerimu Pa. Their locations are illustrated on the plan in Appendix A.

The existing and proposed activities do not impact on the footprint of the heritage sites. Nevertheless, details ofthe site, as per the records from the New Zealand Archaeological Association (NZAA) database, are noted below.Please also refer to the archaeological assessment in Appendix H for further details.

3.9.1 Whiti Te Marama Pa (NZAA ref: S15/217)

The Whiti Te Marama Pa site is located at the summit of a 166 m high hill. The features of the site are moresubdued and indistinct than the other two pa, suggesting it is likely to be oldest of the sites. The site consists of amain platform area about 60 m long and 10-15m wide divided by low (0.3 m) scarp into several terraces. Allfeatures appear to have been excavated into the hill. The main platform was presumably the principal dwellingarea. The site lacks any evidence of fortifications and is therefore assumed to have only been inhabited for ashort period.

The subduing of features suggests the site has undergone a long period of weathering and erosion. At thenorthern end features have been damaged by a bulldozed farm track, and tracks surround the site. Overall, thesite is identified as being ‘visually unimpressive’ but with minor cultural features which are little damaged.

3.9.2 Tokonui Pa (NZAA ref: S15/319)

Features on the Tokonui site are sharp and suggest the site is relatively recent. The entire summit site and mostof the adjoining slopes are culturally modified. The site is dominated by a summit platform which is about 50%larger than Whiti Te Marama, and which is surrounded by one, two or three concentric terraces. At the southernend is a strongly expressed defensive ditch. Other banks and another ditch are located in the vicinity. There isevidence of a large number of pits and charcoal residues at the site, which suggests a long occupation.

The site has been modified by farming and in particular cattle grazing activities. Farm tracks are present at thesite and have been through various maintenance and upgrades in the past, which have further damaged the site.An expansion of the McFalls quarry in 1992 also caused some damage at the eastern end of the site, althoughthis was quickly ceased when the quarry operators were alerted.

3.9.3 Pukerimu Pa (NZAA ref: S15/218)

Pukerimu is a large but compactly arranged pa. It consists of a central area on the hilltop with extensionsradiating to the west, north-east and south-east. The central platform is approximately 30m by 15 m. Defensiveditches and scarps lie outside this area. Pits on the site are relatively rare and occupy an insignificant portion ofthe total area. There appears to be no significant accumulation of occupational residue.

The site is in good condition having only been subject to minimal grazing. Overall, Pukerimu is described as“impressive visually” and the most interesting of the three pa site from an archaeological perspective.

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4.0 Description of the Activity

4.1 OverviewIn broad terms OQL seeks resource consents from the WRC and ODC to continue existing quarrying activities atthe Ostern Quarry until the year 2050. Such activity will be subject to a range of proposed conditions which willmanage the scale, character and intensity of the activity and ensure that environmental effects are avoided,remedied or mitigated.

The activity is described in this section according to the following topics:

- 4.2 Product use

- 4.3 Stripping and overburden removal

- 4.4 Overburden placement

- 4.5 Extraction and blasting

- 4.6 Manufacturing and processing

- 4.7 Storage and stockpiling

- 4.8 Product load-out and dispatch

- 4.9 Product importation, storage and distribution

- 4.10 Cleanfill importation and disposal

- 4.11 Long-term rehabilitation

- 4.12 Water and discharge management

- 4.13 Dust management

- 4.14 Storage and use of hazardous substances

- 4.15 Staff facilities; and

- 4.16 Access

4.2 Product useThe brown, blue-brown and blue greywacke rock resources of the Ostern Quarry provide a source for a range ofcommercial aggregate product. Typically the softer brown rock is made available in an unprocessed form for useas a low-cost product for rural roading, farm race maintenance material, and hardfill. The blue-brown rock istypically used for basecourse and sub-basecourse products on district roads and farm and forestry access tracks.The highest quality blue rock is used to produce a full range of road sealing chips and asphalt at the New ZealandTransport Agency's nominated specification, as well as for a range of clean, graded aggregates used in theproduction of concrete.

As illustrated on the drawing in Appendix A, the footprint within which extraction will occur is principally withinOsterns I and II but also partly in Osterns III. The majority of the Osterns III site will continue to be used foroverburden placement (see Section 4.4). In part rock will be accessed by increasing the existing footprint, butmost volume will be sourced from increasing the depth of the existing pits.

4.3 Stripping and overburden removalStripping of soil and overburden is required to expose the rock for quarrying. This is carried out using acombination of hydraulic excavators, front-end loaders, dump trucks and bulldozers.

All recoverable soil is stored on-site for future rehabilitation uses. Overburden that is not saleable is transportedby dumptruck to the overburden placement sites (see Section 4.4 below).

All areas targeted for future quarrying are pasture grass. Therefore no trees or bush vegetation require removalduring the stripping exercise.

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Osterns II will not be stripped above RL 110m contour in order to avoid effects on the Tokonui Pa site. Thisapproach complies with the heritage order granted for the site.

4.4 Overburden placementThere is insufficient area or capacity within existing excavated pits for the storage of overburden. CurrentlyOsterns III is used for this purpose. In the future, Osterns III will continue to be used as well as new sites inOsterns I and the Hungerford site. The proposed extent of overburden areas is detailed on the drawing inAppendix A.

Dump trucks will haul the overburden to the disposal sites via internal access roads (i.e. there is no use of SH3).Access roads will be upgraded and/or established across all sites in order for heavy vehicles to use and allowroom for other features such as site access, storage, and vehicle interaction.

Overburden is placed progressively. The final shape of the overburden is contoured to match the surroundinglandscape. Topsoil is spread and pasture grass sown.

Dust is managed via the use of water cart to apply both water and additive polymers on trafficable haul roads andexposed surfaces.

It is anticipated that erosion and sediment controls will be planned and agreed upon with the Regional Councilunder consent conditions prior to the commencement of works within the additional overburden disposal sites.

4.5 Extraction and blastingThe softer, brown and blue/brown sections of rock is ripped out by bulldozer or hydraulic excavator and thenloaded on to dump trucks for haulage to the crusher (in Osterns I) or loaded directly to road trucks for dispatch asrun-of-pit material. It is likely that there will be limited use of the bulldozer method for this task during the winterperiods.

At Osterns I, the ongoing extraction and removal of brown rock will result in a benched, quarry face advancing in anortherly direction. This advance will provide in the longer term for an increase in the size of the quarry floor area.The increase in floor space will provide additional storage room for the product stockpiles. The stronger, moredurable and densely situated blue greywacke rock extracted from the front quarry site will be loosenedpredominately by drilling and blasting, then loaded on to dump trucks for haulage to the crushing, screening andwashing plant.

The methodology at Osterns II will be similar to Osterns I. A small area of Osterns III will be potentially subject tofuture extraction. As this area is contiguous with Osterns II the same methodology will apply.

Rock faces are benched. Competent rock faces shall not exceed 20 metres in height. Working benches will be atleast 10 metres in width. Non-work benches may be finished at a lesser width. The outer edge of all benches shallbe provided with a rock bunded edge of an appropriate height.

4.6 Manufacturing and processingAll rock processing, product storage and truck dispatch from Osterns I, II and III will be undertaken in the ‘frontquarry’ area of Osterns I. The following are the key processing facilities:

- Basecourse Plant: Covers two stages of crushing and has the capability to produce a full range of tightlyspecified screened, unwashed basecourse for use in all types of road construction.

- Aggregate Plant: Covers three stages of crushing and has the capability to produce tightly specified washedand screened high quality rock into a full range of road sealing chips and for the manufacture of concrete.The plant is used to re-wash road sealing chip that may have been held in stockpile for an extended lengthof time since manufacture.

At this stage it is not considered that it will be necessary to significantly modify or add to the range of existingprocessing plant. However, changes to product specifications may at any time necessitate a change on the layoutor the process used in order that the final products meet current or replacement product specifications.

Any new advances in crushing and screening technology may also necessitate alterations in the crushing systemat any time over the full term of the quarry activity.

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It is expected that the demand for products produced from this quarry will continue to grow in line with the growthof the Waikato Region south of Hamilton and the exhaustion of other supplies within the wider area. A review ofthe crushing plant capability will be undertaken as and when necessary. This may include the installation andoperation of additional crushers, screens, conveyors, concrete bins and associated storage buildings andstructures.

4.7 Storage and stockpilingThe quarry production provides the local market with a range of up to 15 individual products. Not all of theseproducts will be produced simultaneously. From time to time it will be necessary to transfer selected productsfrom the plant piles into satellite storage to allow for changes to the product crushing programme.

Some products are dispatched for sale directly from the plant stockpiles. However the bulk of the crusherproduction is transferred to satellite storage piles. It is expected that sufficient area will be available toaccommodate these satellite stockpiles in the front quarry of Osterns I.

4.8 Product load-out and dispatchAll processed products, held in stockpile, are loaded out for sale on to road haul trucks using front end loaders.Ostern Quarry products are sold by weight. Materials sold in a run-of-pit ex the quarry face is loaded with eitherfront-end loader or hydraulic excavator. Provision for the washing when necessary of road trucks hauling directlyfrom the quarry face areas is provided.

The "commercial access" for exit from and re-entry to SH3 for all quarry traffic was reconfigured in November2007 by the New Zealand Transport Agency’s highway maintenance contractors, Transfield Services Ltd, as partof the reconstruction of that section of SH3. As an outcome of that reconstruction work the acceleration anddeceleration lanes that existed at the quarry entrance were removed at that time. On the grounds of potentiallyreduced road safety conditions at that point, Ostern Quarries 1993 Ltd made the NZTA aware of that concern. ATransfield Services Ltd's representative met with Ostern Quarry representatives on site and advised them thatTransfield did not intend have those lanes replaced.

The number of loads per hour can be expected to vary for reasons such as the growth of the community, one- offlocal roading projects, seasonal demand variations and the state of the Nation's economy at any one time.

4.9 Product importation, storage and distributionAggregate and landscaping products may be imported to the Ostern Quarry and stored for later distribution.Quantities are likely to be low, with such activities being ancillary to the main quarrying activity on the site.

4.10 Cleanfill importation and disposalCleanfill (concrete, soil, roading materials, and other inert material) may be imported to the site from time to timeand disposed of. Quantities are likely to be low, with such activities being ancillary to the main quarrying activityon the site.

4.11 Long-term rehabilitationRehabilitation options or proposals for the end use of this site have not as yet been addressed. This is becausethe quarry has an estimated productive life to at least 2050 and it is not possible to determine the final potentialuse of the land at this time.

The final shape, size and profiles of the worked-out quarry at the completion of rock extraction activity will stronglyinfluence the final choice. Other influences will be made by any substantive changes in land use activity of thesurrounding land areas. Rehabilitation options could include directing the end use of the land towards dry stockfarming, forestry, recreational or bush park or a regional land fill or district water supply.

At the present time the applicant’s key consideration is to leave the quarry in a safe and stable profile. Alloverburden will be available for rehabilitation purposes. Stored topsoil will be spread over as much surface as ispractical and grassed. Overburden tiphead batters will be planted in a selected tree species to reduce as far aspossible land slippage where required. This work will be carried out as and when possible on a progressive basisduring the life of the quarry and completed at the cessation of quarry activity.

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Additional details regarding the use of a ‘Landscape Mitigation and Rehabilitation Plan’ are provided in theLandscape and Visual Assessment Report in Appendix E. Provisions, as far as it is possible and practical toestimate, will be made to establish methods to ensure that long term management of stormwater run-offminimises the risk of soil erosion and sediment discharge from the rehabilitated land.

4.12 Water and discharge managementThe following information is summarised from the technical reports in Appendices F and G of this AEE. Pleaserefer to the technical reports for full details.

4.12.1 Water takes

The water takes for which resource consent is sought are identified in Table 3 below. The locations of the takesare illustrated in Appendix A.Table 3 Proposed water takes

Ref Site FromExistingWaterPermit

Scope of consent sought

WT1 Osterns Iand II

Settlement ponds inpit

n/a Take and use up to 1,500 m3/day for dewatering,processing and dust suppression purposes.

WT2 Osterns I Mangakaeo Stream RC111137;expires 30Nov 2024

Take and use up to 85 m3/day, at a rate of up to 7cubic metres per hour, from the Mangakaeo Streamfor processing and dust suppression purposes.

4.12.2 Discharges

The majority of stormwater on-site is collected into inter-connected settlement ponds, the locations of which areillustrated in drawing SW1 included in Appendix F.

The discharges for which resource consent are sought are identified in Table 4 below. The locations of thedischarge points are illustrated in Appendix A.Table 4 Proposed discharges

Ref Site From To ExistingConsent

Scope of consent sought

DP1 Osterns I Settlementponds I-1 toI-3

Pipe > Mainstem ofMangakaeoStream

111133,111134 To discharge treated stormwater andprocessing water, at a rate notexceeding 100 l/s, to the MangakaeoStream, from a hard rock quarry.

DP2 Osterns I Settlementponds I-4 toI-6

Tributary ofMangakaeoStream

n/a

DP3 Osterns III Settlementponds III-1 toIII-3

Drain >Tributary ofMangakaeoStream

101059, 103398

DP4 Osterns II Settlementpond II-1

Drain >Tributary ofMangakaeoStream

n/a

-- Hungerford Overburden Tributary ofMangakaeoStream

n/a To discharge treated stormwater, at arate not exceeding 15 l/s, to atributary of the Mangakaeo Stream,from an overburden area.

-- All Diffusesources

Ground 111135, 111136 To discharge diffuse stormwaterrunoff to land in circumstances whereit may enter ground water.

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4.13 Dust managementThe potential for dust generation is managed on-site, as required, by the application (by water truck) of watertaken from either Mangakaeo Stream (currently under RC111137) or from groundwater/stormwater in the existingpits and ponds. The activity is managed to ensure there are no objectionable or offensive effects beyond theboundary of the property on which the activity is occurring. Further, to minimise the effects of traffic leaving fromthe quarry onto SH3, a water cart is kept on site at all times for dust control. There is also a road sweeper is oncontract when required; and provision for the washing, when necessary, of road trucks hauling directly from thequarry face areas is provided.

4.14 Storage and use of hazardous substancesStorage of hazardous substances occurs on site to operate plant and machinery. This includes a containeriseddiesel fuel tank and minor volumes of grease and lubricants.

4.15 Staff facilitiesThe quarry office, amenities building, toilet facilities using septic tank disposal, weighbridge, the potable waterstorage and workshop area is located in the front quarry area of Osterns I. There are no proposals to increasethese facilities at the present time as the applicant does not anticipate staff numbers to increase to any significantextent throughout the life of the consents sought. However, minor upgrades, extensions or reconfigurations mayoccur from time to time.

4.16 AccessIn accordance with the recommendations of the traffic report in Appendix C and the consultation undertakenwithin NZTA (refer Appendix K), OQL proposes to construct a new quarry access at the apex of the curvebetween the current Ostern and Te Kawa quarry entrances. The location is identified as “Potential New SiteEntrance” on the drawing in Appendix A.

The works will involve removing a bluff and localised widening of State Highway 3 to provide for increasedshoulders and a right-turn bay. Total earthworks have not been quantified at this time but regardless will followthe indicative design included in Appendix C.

As indicated in the AECOM Memo date 29 June 2016, and entitled ‘J Swap Osterns Quarry Access – NZTAConsultation’ located in Appendix K, consultation/negotiation around the quarry access arrangements is ongoingwith NZTA. In essence, OQL is prepared to cede 3 of the licensed crossing points, none of which has beenformed. However it wishes to keep one licenced crossing point for each of its four titles.

As noted above, OQL intend to construct a combined access, after which the four crossing points will be closedfor the normal day to day operation of the quarry. The existing formed crossing points can be closed off with gatesto prevent their routine use; yet still available for emergency purposes. This can be addressed by way of acondition on the consent that restricts the day to day operation of the quarry for inbound and outbound trucksassociated with product, staff vehicles, visitors and routine servicing to the one proposed new access. As noted inthe ITA, it is proposed that OQL be given a period of five years in which to effect these alterations to the accessarrangements.

It is expected it may take up to 5 years to implement the access enhancements, allowing for design, geotechnicalinvestigations and the approval process.

As noted above, to minimise the effects of traffic leaving from the quarry onto SH3, a water cart is kept on site atall times for dust control, and a road sweeper is on contract when required. On site activities include vehiclemaintenance, washdown and the like. Provision for the washing, when necessary, of road trucks hauling directlyfrom the quarry face areas is provided.

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5.0 Resource consent requirements

5.1 Otorohanga District Council5.1.1 Planning maps

As identified on Planning Map M7 the site is in the Rural Effects area of the district plan. The following featuresare identified within the site boundaries:

• HP18 - Tokanui Historic Area, consisting of the Tokanui Pa, Pukerimu Pa, and Whiti Te Marama Pa

• B148 – New Zealand Archaeological Association site S15-0217 (Pa)



The planning map does not identify any other features at or adjacent to the site, including outstanding landscapesor designations.

State Highway 3 is identified as an Order 1 road.

5.1.2 Rules

The relevant activities and their status are identified in Table 4 below. By way of summary, the overall activity isclassified as a discretionary activity under the district plan.Table 5 Summary of relevant ODC rules (Land Use Chapter)

Activity Rule Assessment of relevant standards/conditions Status

EarthworksExcavation anddeposition of soiland rock material(generally)

Note: ‘Mining’ and‘quarrying are notdefined in the plan.

5.6 The proposal may not comply with the following standards:

- 5A(i) – earthworks are undertaken more than 5 metresfrom natural waterbodies except at the point of crossingsor within the Waipapa Core Site – Renewable ElectricityGeneration Policy Area

- 5A(iii) – earthworks will involve exposing and working anarea of less than 5000m2

- 5C(ii) – earthworks are undertaken in the Rural EffectsArea and involve the movement of soil and/or rock of lessthan 5000m3 during any 12 month period and have a cutface or fill height less than 2 metres

Discretionary

Excavation anddeposition of soiland rock material(in proximity of anarchaeological site)


- 21A(ii) - The proposed building and/or earthworks is notto be carried out within 100 metres of a recordedCategory B archaeological site identified on the PlanningMaps and/or in Appendix 8

Restricteddiscretionary

Generation of dustbeyond theboundary of the site


- Beyond the boundary of the site the deposition of dust isnot objectionable.


Access and traffic generationUse of StateHighway 3 accesspoint


- 12B - The proposal will not result in the total number ofvehicles using any entranceway exceeding the followingvehicle movements for the relevant Effects Area and roadorder, as set out in the following table: Rural – 70average vehicle movements per day, 140 maximum totalvehicle movements per day; 490 maximum total vehiclemovements per week.

Discretionary

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Activity Rule Assessment of relevant standards/conditions Status

BuildingsBulk and location 7.1 Existing and proposed buildings will comply with the following

standards:

- 15m setback from all boundaries, including SH3- 2% site coverage- 7 m max height- 30m setback from buildings on adjacent properties

Permitted

Stormwater 8.2 It is expected the following standard will be met (note: resourceconsent is being sought from WRC):

- 9D - The land is located within the Rural Effects Area andit is demonstrated that the building and/or impermeablesurface is sited or designed so they are capable of beingserved by an effective stormwater disposal system.

Permitted

Wastewater 8.1 The following standard will be met:

- 8C - The land is located in an area where sewage cannotbe disposed of via a public reticulated treatment systemand it is demonstrated that any existing or proposed on-site wastewater management system:

(i) complies with the permitted activity requirements of theWaikato Regional Plan; or

(ii) has been granted a discharge permit by the WaikatoRegional Council.

Permitted

SignageSignage 19.1 Existing and proposed signage will comply with the following

standards in 19A to 19H, including:

- Each property adjoining a State Highway may have onedouble sided free-standing sign at or near the entrance tothe site, and signs attached to buildings.

- 160mm lettering height

Permitted

NoiseNoise generatedfrom on-siteactivities

14.4 Aspects of the proposal may not comply with the followingstandards:

- 14A - 50dB LAeq (Day), 40dB LAeq(Night), 70dB LAmax(Night)


Hazardous substancesStorage ofhazardoussubstances


- 22A - The aggregate quantity of hazardous substances ofany hazard classification on the property to be used orstored for industrial and / or trade purposes is equal to orless than the quantity specified for the relevant effectsarea and road order in Appendix 17.

Discretionary

Storage of materialsExterior storage ofmaterials at a sitewhich fronts onto anOrder 1 road in therural effects area


- 17C - No exterior storage of materials which front ontoOrder 1, 2 and 3 roads in the Rural Effects Area outsidethe Countryside Living Policy Area

Discretionary

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5.2 Waikato Regional CouncilThe relevant activities and their status are identified in Table 6 below.Table 6 Summary of relevant WRC rules

Description Rule Assessment of relevant standards/conditions Status

Land use (Section 9 of the RMA)Overburdendisposal withinand outside highrisk erosion area

5.2.5.2(or5.2.5.6)

Parts of the site subject to overburden disposal may fall within:

1. A high risk erosion area

2. A floodplain of a river.

Subsequently the activity is subject to Rule 5.2.5.2 (controlledactivity), but may not comply with condition (a):

- a. The maximum volume of material deposited at anysingle site and within any three year period, shall notexceed 5,000 cubic metres of overburden (solidmeasure).

The activity is therefore subject to Rule 5.2.5.3 (discretionaryactivity).

Discretionary

Earthworks in highrisk erosion areas

5.1.4.15 Parts of the site subject to earthworks activities may fall withina high risk erosion area. In some instances the activity islikely, in any continuous 12 month period, to exceed the limitsspecified in Rule 5.1.4.15, namely:

- 1. Roading and tracking activities exceeding 2,000metres in length

- 2. Soil disturbance activities exceeding 1,000 cubicmetres in volume (solid measure)

- 3. Soil disturbance activities exceeding two hectares inarea

- 4. Soil disturbance activities resulting in a cut slope batterexceeding three metres in vertical height over acumulative distance exceeding 120 metres in length

- 6. Riparian vegetation clearance which is within fivemetres on either side of the banks of a perennial waterbody which exceeds 100 metres in length per kilometre,with the exclusion of planted production forests, riparianenhancement programmes and plant pests as specifiedin the Waikato Regional Council’s Regional PestManagement Strategy

Such exceedances are treated as a discretionary activityunder Rule 5.1.4.15.

Discretionary

Land use (Section 13 of the RMA)Reclamation ofgully inHungerfordoverburden area

4.3.4.4 Any river or lake bed disturbance activity, including:

- 1.Excavation, drilling, tunneling, or- 2.The introduction of any plant or part of any plant in, on

or under the bed, or- 3.Deposition of any substance in, on or under the bed, or- 4.Reclamation or drainage of the bed, or- 5.The clearance of vegetation in, on or under the bed:that is not otherwise provided for by, or does not comply with,a permitted or controlled activity rule within this Regional Plan

Discretionary

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Description Rule Assessment of relevant standards/conditions Statusis a discretionary activity (requiring resource consent).

Intake and outletstructures andprotection at takeand dischargepoints.

4.2.4.4 The use, erection, reconstruction, placement, extension,alteration or demolition or removal of any structure in, on,under or over the bed of any lake or river that is not specificallyprovided for by any rule, or does not comply with theconditions of a permitted or controlled activity rule in this Plan,is a discretionary activity (requiring resource consent).

Discretionary

Water permit (Section 14 of the RMA)Take-groundwater takethat does notexceed thesustainable yieldfor the relatedaquifer (Waipa- nosustainable yieldlisted)

3.3.4.24 The taking of groundwater that, when assessed in combinationwith all other authorised takes from the same aquifer:

- Is a supplementary take, temporary take or well andaquifer testing take that does not comply with Rules3.3.4.12, 3.3.4.14 or 3.3.4.15; or

- Is a non-qualifying s14(3)(b) take described by Policy 10c); or

- Does not exceed the Sustainable Yield if listed in Table 3-6; or

- Is from an aquifer that is not listed in Table 3-6; or- Is for domestic or municipal supply takes where a water

management plan is provided that meets therequirements of Method 8.1.2.2 of this Plan.

is a discretionary activity (requiring resource consent)

Discretionary

Take surfacewater

3.3.4.16 Except as permitted by Rules 3.3.4.13 and 3.3.4.14 the takingof surface water up to and including 70 percent of the allocableflow identified in Table 3-5 is a controlled activity (requiringresource consent) subject to the following standards andterms:

a. The net rate of the take, assessed in combination with allother authorised water takes (all calculated on a net takebasis), shall not exceed 70 percent of the primary allocableflows for catchments specified in Table 3-5 (Catchment No 22,currently 25% allocated; see Appendix G of this AEE)

b. The water take location shall not be within a water bodyclassified as Natural State Water on the Water ManagementClass Maps. (Complies)

c. Where the take is for a domestic or municipal supply a watermanagement plan which meets the requirements of Method8.1.2.2 shall be provided. (n/a)

d. All applications to take water under this rule shall beassessed on a net take basis (Authorised + Applications =26% allocated)

Controlled

Damming anddiversion of waterto facilitatequarryingactivities andoverburdenplacement, andfor stormwatermanagement

3.6.4.10,3.6.4.11,3.6.4.14

Unless authorised by Rule 3.6.4.5 any:

- Damming of water- Diversion, taking, and discharging of water related to the

passage of water through, past, or over the dam- Use or alteration of any associated structure;that was lawfully established or authorised before the date ofnotification of this Plan is a controlled activity (requiringresource consent).

Unless authorised by Rule 3.6.4.7 the diversion and any

ControlledandDiscretionary

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Description Rule Assessment of relevant standards/conditions Statuspurposes consequent discharge of water from a diversion where the

activity was lawfully established or authorised before the dateof notification of this Plan is a controlled activity (requiringresource consent)

Except as provided for by Rules 3.6.4.4, 3.6.4.9, 3.6.4.10 and3.6.4.12 the following activities, if undertaken after the date ofnotification of this Plan:

- Damming of water and associated diversion, taking anddischarging of water related to the passage of waterthrough, or past or over the dam

- The use, erection, reconstruction, placement, alteration ofextension of any structure in or on the bed of a river orstream associated with the above activities;

provided they do not:

- occur in any perennial river or stream that is classified asNatural State in the Water Management Class Maps

- affect Significant Geothermal Featuresis a discretionary activity (requiring resource consent).

Discharge permit (to water and land)Discharge ofstormwater andprocessing waterinto water and/orinto or onto land

3.5.11.8 The discharge of stormwater into water, and/or into or ontoland which does not comply with Rules 3.5.11.4, 3.5.11.5,3.5.11.6 and 3.5.11.7 is a discretionary activity (requiringresource consent).

Discretionary

Discharge permit (Section 15 of the RMA)Discharge ofcontaminants toair from anymineral extraction,processing andstorage operation

6.1.16.1 The discharge of contaminants to air from any mineralextraction, processing and storage operation is a permittedactivity subject to the following conditions:

a. Where the operation occurs within 1000 metres of aproperty boundary and there is a discharge ofparticulate matter beyond the property boundary thefollowing measures shall be implemented:

i. the use of water sprays to suppress dustfrom crushing and screening plants, accessways, haul roads, stockpiles, load out areasand access roads

ii. the sealing and maintenance of the accessroad, when it is within 150 metres of aneighbouring residential dwelling.

b. As specified in Section 6.1.8 a) to e) of this Plan.c. Within seven working days of commencing works at a

new site, the operator of the new quarrying site shallprovide the Waikato Regional Council with writtennotification of the location of the site.

d. Should an emission of particulate matter occur thatcauses adverse effects of an objectionable naturebeyond the property boundary as determined inaccordance with the decision making guidelines setout in Section 6.4.2.2, the quarry operator shallprovide a written report to the Waikato RegionalCouncil within five days of the incident occurring,which specifies:

Permitted –but resourceconsentapplied foron a pre-cautionarybasis

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Description Rule Assessment of relevant standards/conditions Statusi. the cause or likely cause of the event and

any factors that influenced its severityii. the nature and timing of any measures

implemented by the quarry operator to avoid,remedy, or mitigate any adverse effects

iii. the steps to be taken to prevent recurrenceof similar events.

e. There shall be no discharges of hazardoussubstances into the air

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6.0 ConsultationRepresentatives for OQL have been liaising with the following neighbours and stakeholders regarding quarryoperations and future expansion:

- Department of Conservation

- New Zealand Transport Agency

- Heritage New Zealand

- Fish & Game

- Maniapoto Maori Trust Board

- Neighbours:

· K & G Singh (888 Otorohanga Road/SH3)

· BK and LE Knight (106 Ngahape Road)

· JW and BL Hungerford (83 Te Kawa Road)

· M and R Gardiner (11 Te Kawa Road)

· J and T Barclay (Okawa Limited - 893 Otorohanga Road/SH3)

· T and T Wilson (771 and 829 Otorohanga Road/SH3)

The affected party approvals of the above parties were requested by WRC following lodgement of the originalapplications in February 2015.

Details of further consultation undertaken to date is provided below (refer to Appendix K for consultation details,a consultation record, map of properties consulted and written approvals obtained).

6.1 Department of ConservationContact was made with DOC staff with details being provided of the proposed existing and future quarryexpansion proposals. Follow up emails have also been sent. To date no response received. Refer to details inAppendix K.

6.2 New Zealand Transport AgencyNZTA were initially consulted (23/01/15) and given a draft plan of the proposed access (7/05/15) as noted in theAECOM traffic assessment (refer Appendix C). Formal agreement as an affected party was requested by e-mail,with a copy of the traffic assessment and accompanying plan, on 18/03/16. Since then, there has been ongoingliaison with NZTA staff regarding the proposed combined access to determine how best to address SH3 accessfor the quarry from one main access point. This approach requires completion of the internal access link betweenquarry pit areas, with all associated works to remove the hillside area in this vicinity; thereby providing the link forthe quarry to the combined accessway onto SH3.

As noted above, OQL intend to construct a combined access, after which the four crossing points will be closedfor the normal day to day operation of the quarry. The existing formed crossing points can be closed off with gatesto prevent their routine use; yet still available for emergency purposes. This can be addressed by way of acondition on the consent that restricts the day to day operation of the quarry for inbound and outbound trucksassociated with product, staff vehicles, visitors and routine servicing to the one proposed new access.

6.3 Heritage New ZealandContact has been made with Heritage New Zealand with details being provided of the proposed existing andfuture quarry expansion proposals. The response received from Heritage New Zealand confirmed that they are

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comfortable with the approach with regard archaeology as outlined in Warren Gumbley’s report, andacknowledged that Ostern Quarry are already adopting a more conservative work area. Refer to details inAppendix K.

6.4 Fish & GameContact has been made with Fish and Game with details provided of the proposed existing and future quarryexpansion proposals. Fish and Game requested that all of the discharge related water quality data available issent to them. Fish and Game subsequently identified that improved discharge information is required including anup and downstream comparison of water quality. Refer to details in Appendix K.

6.5 Maniapoto Maori Trust BoardManiapoto Maori Trust Board representatives have been contacted on the offer to consult, with liaison beingmaintained through emails and the provision of details of the proposed existing and future quarry expansionproposals. Consultation has included correspondence, three formal hui and a site visit across the quarries andalso to the Pukerimu, Tokanui and Whiti Te Marama Pa sites – sometimes referred to as the Three Sisters PaSites. A Memorandum of Understanding was agreed and signed between Maniapoto ki Te Raki (MKTR) andOstern Quarry to recognise the good faith relationship that both parties had entered into and to recognise all thediscussions that had occurred. The parties agreed to the preparation of a joint submission for the various consentapplications sought by Osterns Quarry Limited.

During consultation, there was discussion on the following main issues:

· Firstly, the protection of the Pukerimu, Tokanui and Whiti Te Marama Pa sites, and the surroundinglandscapes;

· Secondly, the protection of the Mauri and Mana of water (te kaitiakitanga o te mauri me to mana o tewai).

The discussions centred on the importance of the Pukerimu, Tokanui and Whiti Te Marama Pa sites, particularlywith regards to stability of the surrounding ground around the perimeter of the Pa Sites and avoiding furtherdisturbance from quarrying. There was recognition for the New Zealand Heritage List (HNZPT) showing all PaSites and their surrounds being defined and protected through a Maori Heritage Council on 2 June 1994 as theTokanui Historic Area; and for past quarry activities directly below Tokanui Pa site which led to the Heritage Order(96NR1) being established under a Notice of Requirement for the Tokanui Pa Site to determine the extent ofallowable quarrying activities and outer extent of the Heritage Order protection.

The discussions noted that the widest defined extent of the Tokanui Historic Area will continue to be used forprotection of all three Pa sites and to provide for a setback for continued ground stability. The Applicant hasagreed to observe the 100m contour line restrictions and conditions required by the Heritage Order (refer toAppendix K of this report for the MKTR Osterns Joint Submission and in particular the map in Appendix C of thesubmission) and to avoid any quarrying activities within this area that may cause adverse effects to the stability orthe cultural and customary values of the Tokanui Pa. The Applicant confirmed its intent for rehabilitation of thelands below Pukerimu and Tokanui as quarrying continues, with reinstatement of disturbed ground to pasture withthe planting of native trees/plant species as agreed with Mana whenua hapu and whanau from time to time.MKTR recognises that reinstatement of disturbed ground to pasture is currently occurring on site below thePukerimu Pa.

The discussions with MKTR also acknowledged that water is of cultural importance, particularly in recognition ofMana whenua hapu and whanau customary and traditional kaitiaki protocols, and for protection of the Mauri andmana of the Wai and awa. It was noted that water will be treated on site before discharge, including treatment ofprocess and stormwater in treatment ponds; and also use of discharge limits and regular monitoring. There arelimits and controls for water abstraction from both ground and surface water in place. MKTR noted that “providedthese measures are undertaken by Osterns, then Mana whenua believe that no significant adverse effectsassociated with water are anticipated.”

With regards to the 35 year timeframe sought by the Applicant, MKTR sought a lessor term of 20 years as beingmore customarily and traditionally appropriate. To address the aspect of ‘successor generational liability

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concerns for mana whenua’, the parties agreed to a 34 year term (2050) on the basis of ten yearly reviews of theconsent conditions.

A joint submission to both Waikato Regional Council and Otorohanga District Council was received fromManiapoto ki Te Raki (MKTR) for Osterns Quarry, dated 23 March 2016. The submission is to, amongst othermatters, record the nature and extent of formal agreements between the parties (MKTR and Osterns Quarry) forthe purpose of acknowledging existing quarry activities and associated quarry expansion. Sections 9.1 – 9.6 ofthe submission state the specific MKTR considerations and agreements between the parties.

Sections 10.1 – 10.5 address RMA provisions relating to the following matters:

· s95E affected persons

· s7(a) Kaitiakitanga and (aa) ethic of stewardship

· s8 Treaty of Waitangi (Te Tiriti o Waitangi)

Section 10.6 identifies the matters to form conditions of consent from each respective Council. Written approvalsfrom MKTR have also been received. Refer to Appendix K for joint submission, written approval and consultationdetails.

6.6 Neighbouring PropertiesFollowing consultation with the landowners identified below, with regards to the quarry operations and futureexpansion, written approvals have subsequently been obtained – refer to Appendix K for details.

- K & G Singh (888 Otorohanga Road/SH3)

- BL and LE Knight (106 Ngahape Road)

- JW and BL Hungerford (83 Te Kawa Road)

- M and R Gardiner (11 Te Kawa Road)

Consultation was undertaken with other landowners identified below, with regards to the quarry operations andfuture expansion and issues raised. These matters are outstanding and it is expected that the effects on theselandowners can be managed through consent conditions.

- J and T Barclay (Okawa Limited - 893 Otorohanga Road/SH3)

· Contact made and issues regarding quarry operations raised. Actions proposed on issues discussed(blasting, bore water, noise, fencing repair incidents involving quarry traffic, stream management, andlandscape/visual). Refer to correspondence highlighting proposed actions and agreed outcomes -confirming which issues could be addressed by the applicant, provided to the landowners, in AppendixK.

- T and T Wilson (771 and 829 Otorohanga Road/SH3)

· Contact made and issues regarding quarry operations raised. Actions proposed on issues discussed(drain cleaning, bore water and blasting). Refer to correspondence highlighting proposed actions andagreed outcomes, provided to the landowners, in Appendix K.

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7.0 Assessment of Effects

7.1 OverviewThe actual and potential environmental effects are assessed in this section in accordance with the followingtopics:

- 7.2 Positive effects

- 7.3 Earthworks / Quarrying

- 7.4 Traffic

- 7.5 Noise

- 7.6 Landscape and visual

- 7.7 Ecology

- 7.8 Archaeology

- 7.9 Cultural

- 7.10 Surface water (stormwater)

- 7.11 Ground water

7.2 Positive EffectsAggregates are a significant natural resource that warrants consideration, if not specific provision within resourcemanagement policy statements and plans. The cost of the resource is reduced when the distance the aggregatehas to be transported is reduced. As such, it is important that material can be sourced locally, and that localresources are afforded appropriate protection.

The quarry has been in operation for many decades and has a longstanding history within the area. The quarry iswell located within the eastern Waikato area to service this sector of the region and with excellent reserves ofhigh-grade aggregate. The quarry meets the needs of the immediate and wider community in an effective andefficient manner.

7.3 Earthworks / Quarrying“Earthworks”, for the purposes of the assessment in this section, refers to all excavation and deposition of rockand soil material associated with quarrying and overburden activities.

7.3.1 General principles for erosion and sediment control

During normal operation the applicant will take all reasonable steps to minimise sedimentation and increasedturbidity of runoff from any earthworks activity area. The following general principles to minimise adverse effectsfrom sediment discharge will apply:

- ‘Staging’ – the works will be staged to reduce the amount of exposed earth at any one time.

- Progressive rehabilitation by ensuring that all sediment-laden runoff from the site is treated by controlmeasures outlined in an Erosion and Sediment Control Plan.

- Arranging work practices to avoid the need for stockpiling of waste/spoil on site such as utilisation of topsoilto create diversion bunds and channels.

- Ensuring any temporary stockpiles of waste/spoil/sand on site are situated outside of controlled areas andclear of watercourses and are covered/hydroseeded etc where practicable.

- Adopting mitigation measures which include the provision of silt fences, earth bunds, drainage channels andsedimentation ponds to prevent sediment (and contaminants) runoff into the unnamed tributaries of theMangakaeo Stream by adopting measures from the WRC’s ‘Erosion and Sediment Control – Guidelines forSoil Disturbing Activities’.

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- Implementing strict environmental control of temporary on-site chemical and fuel storage facilities usingappropriate bunds and on-site pollutant traps.

Adhering to these measures it is anticipated the earthworks activity proposed the applicant will be able to beundertaken without creating effects that could be considered to be more than minor.

7.3.2 Stability of proposed cuts and fills

WRC staff have previously advised that slope stability assessments are not required for working quarry slopes.However they are required for any other slope which could adversely affect the performance of any stormwaterdevice.

Water diversions are used where necessary to keep surface flow away from settlement/treatment facilities. Thesechannels are maintained and cleared of gradual debris build-up

Diversions are also in place to limit stormwater entering or ponding in the processing, storage and staff facilityareas. The channels are maintained clear of gradual debris build-up and to date have not been affected by slips.These channels were built to closely match the natural topography of natural channels at the site.

Future stormwater treatment devices (which will be associated primarily with new overburden areas) will generallybe placed away from proposed large cuts and/or fill slopes. This is consistent with the planned overburden areaswhich will be formed based on low heights and gentle slopes to match the existing topography. It is intended thatlocation and fill planning will mitigate the need for assessment of all slopes. Notwithstanding that, any futureslopes or retaining walls associated with treatment devices, or which could affect those devices, will be engineerdesigned.

Emissions to air (e.g. dust) from site activities can settle out in the vicinity and contribute to sediment load inrunoff. Dust may also lead to nuisance to the public and adjoining roads and premises.

For these reasons the applicant takes all practicable measures during work to prevent the release of fugitive dustemissions, as discussed below to ensure that dust does not create an adverse effect beyond the site boundaries.

7.3.3 Dust management

The applicant employs industry best practice for its operation. Currently there is no evidence that it is generatingany adverse environmental effects as a result of its activities beyond the boundaries of the application site. It isconsidered that the quarry can meet all of the permitted activity criteria set out in Rule 6.1.16.1 of the WaikatoRegional Plan and complies with the District Plan’s air quality requirements. In that respect, it is concluded thatany adverse effects from dust will be less than minor. Nevertheless, a resource consent has been applied for asa precaution.

7.3.3.1 Overburden removal and placement

All overburden removal and placement will be subject to the following measures to mitigate the potential dusteffects:

- consideration of wind speed and direction when undertaking activities

- vegetating the overburden bund as soon as practicable

- ensuring that bund construction is not carried out during particularly dry windy periods, wherever practicable

- use of watercarts during conditions conducive to generating dust.

These same measures will be employed with the new overburden areas, including minimising the working area foroverburden disposal at any one time.

7.3.3.2 Excavation and blasting

The control of dust emissions during blasting relies on the adoption of good blasting practice. When preparing ablast, it is necessary to make a trade-off between maximising the blast efficiency, minimising vibration andminimising dust emissions.

Other practices that can be used to control dust emissions from blasting include wetting the rock faces prior toblasting in particularly dry conditions when the faces are near the top of the pit, or removing as much aspracticable of the loose rock (or dirt in the case of blasts occurring at the top of the quarry). Tight control over thequantities of explosives used and the use of sequential firing will also minimise the dust emissions from this

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activity, as well as the significant distance and intervening topography between the quarry face and the nearestresidences.

7.3.3.3 Haul Roads

The use of water is the principal means of dust suppression on roads. The quarry has an adequate supply ofwater from the stormwater ponds. This water is pumped to a watercart which drives circuits along the haul roadsand the processing yard as required. In general terms, the emission of dust from road traffic is proportionate to thevehicle speed. Hence, any reduction in vehicle speed will also mean a reduction in dust emission. At Osterns aspeed restriction of 30 km/h is enforced to reduce the potential for dust emissions from this source and for safetyreasons.

7.3.3.4 Crushing plant and product stockpiles

The main dust control medium used on this plant is water. The system that is currently installed uses spraynozzles at the conveyor drop points. These nozzles generate a water mist which effectively suppresses dustgeneration. The water sprays are all controlled from a central location adjacent to the plant operators controlbooth. This operator is responsible for ensuring that the crushing plant does not generate significant quantities ofdust.

To further minimise the potential to generate dust when loading aggregate in dry conditions, the loader operatorswill dump a bucket of water on a stockpile prior to removing material for transfer to trucks.

7.4 Traffic effectsThe following assessment is a brief summary of the traffic impact assessment in Appendix C. Please refer to thereport for full details.

Traffic counts on SH3 at RP 36.13 provided by NZTA for four one week counts during 2014 recorded a dailyaverage of just over 4700 vpd on SH3. According to the NZTA website this has been adjusted to an AADT of5069 vpd. This refers to a count site approximately 8km south of the quarries which should be reasonablyrepresentative of the SH3 traffic volume at the quarry. The HCV content is reported as being 11%.

The busiest hour on weekdays was 3.00pm-4.00pm with 421 vph (vehicles per hour) but traffic volumes werefairly steady from 8.00am through to 6.00pm, the quietest period being 10.00am-12.00pm with 327 vph.

These traffic volumes will include a proportion of the quarry traffic which has been averaging about 80-90 vehiclemovements per day (with seasonal variations). The quarry is unable to identify what proportion of product headssouth from the quarry but OQL believe based on project locations and volumes it is probably a 60% north/40%south split.

The NZTA CAS crash database records 12 crashes between the Ngahape Road intersection (just beyond the endof the northbound passing lane and 1.3 km north of the Te Kawa quarry entrance) and about 2km south ofOsterns quarry, within the 2010-2014 five year period. One of the crashes was a rear end crash involving aninattentive driver colliding with a van which was waiting to turn right into the Te Kawa quarry in 2012.

The key traffic impact is safety in this situation and some determinants of this are:

a. Sufficient visibility for drivers to be able to select safe gaps in the SH3 traffic to enter or exit the quarries

b. Sufficient visibility for southbound traffic on SH3 of a vehicle waiting to turn right into a quarry

c. The probability of a vehicle having to wait to turn right into a quarry and impeding southbound traffic, thisprobability being dependent on how frequent right turning trucks are and how much opposing northboundtraffic there is on SH3

d. To what extent trucks can decelerate to turn into a quarry and accelerate to leave it without impeding SH3through traffic

The proposed long term solution to address these impacts is:

- Construct a new access (which meets or exceeds all appropriate standards) to serve all quarries, locatedmidway between the current Osterns I and II accesses (subject to the approval of the NZTA), to beimplemented within 5 years of the granting of land use consent.

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- Once the new access is in place, to limit the use of the current Osterns I access to farm use only, restrict theuse of the Osterns II and III access to emergency and occasional operational maintenance servicing.

- Provide for an improved internal access track between Osterns I and II.

- Production to be limited to 500,000t in any 12 month period once the proposed access is operational.

As indicated in the AECOM Memo date 29 June 2016, and entitled ‘J Swap Osterns Quarry Access – NZTAConsultation’ located in Appendix K, consultation/negotiation around the quarry access arrangements is ongoingwith NZTA. In essence, J Swap is prepared to cede 3 of the licensed crossing points, none of which has beenformed. However it wishes to keep one licenced crossing point for each of its four titles.

As noted above, OQL intend to construct a combined access, after which the four crossing points will be closedfor the normal day to day operation of the quarry. The existing formed crossing points can be closed off with gatesto prevent their routine use; yet still available for emergency purposes. This can be addressed by way of acondition on the consent that restricts the day to day operation of the quarry for inbound and outbound trucksassociated with product, staff vehicles, visitors and routine servicing to the one proposed new access. As noted inthe ITA, it is proposed that OQL be given a period of five years in which to effect these alterations to the accessarrangements.

It is expected it may take up to 5 years to implement the access enhancements, allowing for design, geotechnicalinvestigations and the approval process.

Subject to implementation of the above it is anticipated that there will be an improvement to traffic safety andtherefore a positive effect on the environment.

7.5 Noise effectsThe following assessment is a brief summary of the noise effects report in Appendix D. Please refer to the reportfor full details.

The key sources of potential noise are from:

- overburden placement

- extraction and blasting

- manufacturing, processing and stockpiling

- product load-out and dispatch, and

- site rehabilitation

The nearest sensitive receptors are three existing dwellings as identified in Table 7 below.Table 7 Nearest sensitive receptors

Dwelling address Legal Description / Lot Number Approximate distance fromexisting quarrying activities

829 Otorohanga Road Tokanui C8B ML 8982 120m

888 Otorohanga Road Lot 1 DPS 39237 200m

893 Otorohanga Road Pt Tokanui C9B ML 424641 200m

Ambient noise sources in this location include traffic noise from SH3, and noise associated with farming activities(such as farm vehicles, livestock, pumps and other machinery). As there has been quarrying activity at this site formany years, noise associated with this activity could also be reasonably considered to be part of the existingambient noise environment.

With the exception of overburden removal (and potentially site rehabilitation), noise levels are expected to complywith District Plan day time noise limits at the notional boundary of 888 Otorohanga Road, and with a limit of 55 dBLAeq at the boundary of 829 and 893 Otorohanga Road. This is within accepted guidance from the World HealthOrganisation and is generally less than existing ambient noise levels due to SH3 traffic at these dwellings.

The proposed hours of operation (5:00am to 10:00pm Monday to Friday, and 5:00am to 7:00pm Saturday) includetwo hours at the start of each day that fall into the ‘night time’ period under the District Plan. However, in this

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location the surrounding land-use is such that the ‘work day’ often begins around 5:00am and elevated levels ofbackground noise from agricultural sources at this time of day is commonplace. The existing quarry operation alsobegins at 5:00am.

Therefore, whilst noise from crushing plant, overburden removal and site rehabilitation may exceed night timenoise limits between 5:00am and 7:00am, this noise is not necessarily unreasonable in this environment providedit complies with accepted daytime noise criteria. It is noted that written approvals have been sought from theproperties at 888, 829 and 893 Otorohanga Road. Details of discussions, correspondence and written approvalsobtained in this regard are in Appendix K. Noise from all other sources associated with the quarry (with theexception of blasting) is expected to comply with night time noise criteria.

Available detail regarding drilling and blasting operations is insufficient to allow noise from these operations to beassessed. However, with appropriate methodology and mitigation, noise from these sources can be expected tocomply with the relevant noise limits.

Mitigation to reduce quarry noise levels as far as practicable will be to:

- limit blasting to the hours of 9:00am to 5:00pm Monday to Saturday.

- Implement a quarry noise management plan, including details of how noise from blasting will be managed.

Provided the above mitigation is implemented, noise as a result of the proposal is expected to have an effectwhich is no more than minor.

7.6 Landscape and visual effectsThe following assessment is a brief summary of the landscape and visual assessment report in Appendix E.Please refer to the report for full details.

7.6.1 Landscape effects

The site is not contained within an identified Outstanding Natural Landscape or Amenity Landscapes within theOperative Otorohanga district Plan.

It is considered that the gradual expansion of the quarry will not unduly affect amenity values associated withexisting rural character. Pastoral landuse will continue to have a predominant influence on existing rural amenityvalues. The quarry is an existing landmark in this area and as such, the expansion will not have adverse effectson existing rural character or rural amenity values.

Because the proposed quarry expansion will not require the removal of existing indigenous vegetation on Tokanuihill adjacent to the existing pa sites, adverse effects on natural character values will be low. Pockets of existingvegetation to the north of Tokanui Hill will need to be removed due to the placement of overburden sites. Inaddition, the existing agreement to avoid quarry expansion into the three pa sites adjacent to the quarry will aid inreducing adverse effects on existing landscape character values. Therefore, overall the proposed quarryexpansion will have a very-low effect on the rural character of the surrounding landscape.

7.6.2 Visual effects

A number of potential view locations were investigated. Eleven view locations were selected for review, on thebasis of existing views, viewing frequency, viewer types, the availability of the view from public or private property,viewer distance and the viewing time and framework available at the time of study. The viewpoints are illustratedon the figures in Appendix E.

Any adverse effects on landscape character and visual amenity from private dwellings and the pa sites range fromnegligible to moderate. Broadly these conclusions have been reached due to the highly modified nature of theexisting landscape, and the low cumulative change that will result from any expansion.

In relation to views from motorists on SH3 who are travelling northwards, intervening vegetation and theundulating nature of the highway will mean that the quarry is intermittently screened from view. The quarry doesnot become a primary focal feature until one is within close proximity. For motorist travelling south, views of thequarry are not possible from SH3 until one is almost adjacent to the eastern extent of the quarry boundary.

With regards to views for motorists travelling south and west along Oruruwhero and Te Kawa Roads, the followingaspects result in the proposed changes being less noticeable:

· buffer distance,

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· viewing angle,

· gradual cumulative nature of the change, and

· existing context of the quarry.

7.6.3 Overall evaluation

The Ostern Quarry is an existing feature of this area. It is considered that the gradual cumulative nature of theproposed expansion will mean effects on existing landscape character and rural amenity are low overall, with low-moderate effects from close proximity locations along SH3 and moderate effects from some close proximitylocations within adjacent private property. It should be noted that views of the quarry expansion from in andaround the dwellings themselves will be screened by existing intervening vegetation surrounding the dwellingswhich will reduce adverse visual effects.

7.7 Ecological EffectsThe proposed expansion of the quarry extraction area and the two new overburden disposal areas are primarily inareas that have already been modified by existing quarry activities or pastoral farming. There are no sites ofidentified ecological value at the site.

The discharge points from the stormwater treatment systems are to drains and/or minor tributaries of theManagakaeo Stream. In general these features are heavily modified by the surrounding pastoral use and devoidof any ecological value.

The proposed discharges to Managakeo Stream (and tributaries) will continue to be undertaken in accordancewith the water quality standards already applying on existing resource consent. It is expected adherence to thesestandards, as has been achieved with existing operations, will continue to ensure any adverse effects on theMangakaeo Stream are no more than minor.

7.8 Archaeological effectsThe following assessment is a brief summary of the archaeological effects report in Appendix H. Please refer tothe report for full details.

The three paa have all suffered damage in modern times to a greater or lesser degree, with Tokanui Paa(S15/217) being perhaps the most affected.

What remains of the archaeological features appears to be in a good state of preservation, with the scarps andterraces of Pukerimu Paa (S15/218) still displaying sharp edges.

All three sites are of high archaeological value, both individually and as a cluster of paa with historic connectionsto tangata whenua. The known historic connections to Ngati Whakatere and Ngati Maniapoto also enhance theirarchaeological values.

The proposed activity will not directly affect any of the recorded archaeological sites on the property held byOsterns Quarry. Overburden disposal areas have been chosen at locations already subjected to past disturbance,or in areas where no archaeological evidence is known. There is a small possibility that archaeological evidencemay exist in the overburden placement at the Hungerford property, but this area has already been subjected todisturbance in the form of farm roading and quarrying activities.

To avoid any adverse effects, OQL proposes to identify a boundary and a suitable buffer around Whiti te Marama(S15/319) to ensure future farming and quarrying operations do not adversely affect archaeological evidence. Thiswould be consistent with practices at the other two paa.

In addition, HNZPT have been consulted and have confirmed that they are comfortable with the approach withregard to archaeology as outlined in Warren Gumbley’s report; and have acknowledged that Osterns Quarry arealready adopting a more conservative work area, based on the wider extent of the Tokanui Historic Area listed inthe HNZ Register.

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7.9 Cultural effectsThe Osterns quarries have been established next to the Three Sisters pa sites over many decades. As noted inSection 7.8 above, the applicant proposes to avoid direct impacts on these sites by avoiding work that encroacheson the boundaries of the listed heritage items.

The applicant has undertaken consultation with Tangata Whenua to hear and understand how any issues ofcultural concern may be addressed for the future proposals. During consultation with Maniapoto ki Te Raki(MKTR), there was discussion on the following main issues:

· The protection of the Pukerimu, Tokanui and Whiti Te Marama Pa sites, and the surroundinglandscapes;

· The protection of the Mauri and Mana of water (te kaitiakitanga o te mauri me to mana o te wai).

With regards to the 35 year timeframe sought by the Applicant, MKTR sought a lessor term of 20 years as beingmore customarily and traditionally appropriate. To address the aspect of ‘successor generational liabilityconcerns for mana whenua’, the parties agreed to a 34 year term (2050) on the basis of ten yearly reviews of theconsent conditions. The consultation also addressed RMA matters pertaining to s95E affected persons, s7(a)Kaitiakitanga and (aa) ethic of stewardship, and s8 Treaty of Waitangi (Te Tiriti o Waitangi).

As indicated in section 6.5 of this report, a joint submission to Waikato Regional Council and Otorohanga DistrictCouncil has been received from MKTR and Osterns Quarry, dated 23 March 2016. The submission is to, amongstother matters, record the nature and extent of formal agreements between the parties (MKTR and OsternsQuarry) for the purpose of acknowledging existing quarry activities and associated quarry expansion. Sections 9.1– 9.6 of the submission state the specific MKTR considerations and agreements between the parties. Section10.6 identifies the matters to form conditions of consent from each respective Council. Written approvals fromMKTR have also been received. Refer to Appendix K for joint submission, written approval and consultationdetails.

The applicant is aware of the Historic Places Act requirements should an unrecorded archaeological site bediscovered. In the event of such an occurrence any works affecting the site would cease and the requiredauthorisations sought, including consultation with local iwi as may be appropriate.

7.10 Surface water effects (stormwater)The following information is summarised from the technical report in Appendix F of this AEE. Please refer to thetechnical report for full details.

7.10.1 Osterns I

7.10.1.1 Capacity

Pond I-1 is a collection sump only and therefore has been ignored for the purposes of capacity calculations.

The volumes of Ponds I-2 and I-3 as 720 m3 and 450 m3 respectively. The catchment area draining to theseponds is 23.78 ha. Therefore the total retention volume of 1170m³ provided by Ponds l-2 and l-3 effectivelyamounts to over 0.5% of the catchment area. This is below the volume of 2% recommended within the WaikatoRegional Council’s guidelines provided within the report “Design Guidelines for Earthworks, Tracking andCrossings, A Practitioner’s Technical Guide to Minor Effects Based Activities”. However, monitoring of the outflowfrom Pond l-3 indicates that the suspended solids concentration is well below that allowed by the consent. If thepond area and volume of Pond l-3 is increased to its maximum dimensions (of 160m x 45m x 35m) then thecombined retention volume of Ponds l-2 and l-3 would be 252,720m³ which would amount to over 100% of thecatchment area.

The catchment area draining to Ponds I-4, I-5 and I-6 is approximately 12.1 ha. As the outflow from Pond l-4receives chemical treatment the recommendation (provided within the WRC document “Design Guidelines forEarthworks, Tracking and Crossings, A Practitioner’s Technical Guide to Minor Effects Based Activities”) that theponds be sized so that the retention volume provided by the ponds be 2% of the catchment area is not applicable.

Overall, the stormwater system at Osterns I is considered of sufficient capacity to hold and treat stormwater.

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7.10.1.2 Water quality

The outflow from various parts of the site is tested monthly at five locations. These locations are shown on SiteLayout Plan SW1 in the report in Appendix C.

Condition 4b of the existing stormwater Discharge Consent (No 111134) requires that the total suspended solidsconcentration of the stormwater discharge to the Mangakaeo Stream not exceed 100 grams/m³. Condition 6 of thesame consent requires that the pH of the discharge from the stormwater treatment ponds shall not be less than 6and not greater than 9. Turbidity is also tested for. We understand that the monitoring results are providedregularly to Council.

Hill Laboratories carry out tests on the samples. The sample results for a six month period (July 2014 toDecember 2014) have been tabulated below. The maximum recorded value for each parameter over the sixmonth period has been provided in Table 4-3 in the report in Appendix B.

The recorded values are well below those allowed by the existing consent conditions and modifications are notrequired to the current stormwater system to comply with consent conditions, nor are any amendmentsrecommended to the existing consent conditions.

Overall, the stormwater system at Osterns I is capable of treating current and future stormwater to existingconsent standards.

7.10.2 Osterns II

7.10.2.1 Capacity

The total catchment area draining to the Osterns II pit, being Pond II – 1, is approximately 12.57ha.

The water in the pit serves as a water source for the processing plant of Osterns l. The pit also allows suspendedsediment to settle out. The pit is approximately 180m long x 55m wide. The current depth of water in the pit isunknown but has been estimated to be about 12m. The volume of water in the pit is 118,800m³. The retentionvolume provided by the pit effectively amounts to over 94% of the catchment area. This is well above the volumeof 2% recommended within the Waikato Regional Council’s guidelines provided within the report “DesignGuidelines for Earthworks, Tracking and Crossings, A Practitioner’s Technical Guide to Minor Effects BasedActivities”.

During the course of the consent Osterns intend to drain the pit and excavate the quarry in an eastern andwestern direction.

Overall, the stormwater system at Osterns I is considered of sufficient capacity to hold and treat stormwater.

7.10.2.2 Water quality

A sediment pond is proposed to be constructed in the bottom of the pit to serve the catchment draining to it. Thetreated water will be pumped to a roadside drain adjacent to SH3. The approximate discharge location, DP4, canbe seen on Site Layout Plan SW1 attached as Appendix A. It then flows under SH3 via a culvert which dischargesto another drain which in turn discharges to a tributary of the Mangakaeo Stream. This discharge is in accordancewith the existing consents. The pump rate will be such that the conveyance capacity of the roadside drain is notoverwhelmed.

The Waikato Regional Council document “Design Guidelines for Earthworks, Tracking and Crossings, APractitioner’s Technical Guide to Minor Effects Based Activities” recommends that the retention volume providedby a pond be a minimum of 2% of the catchment area. The proposed pond will be sized to meet this requirementand in accordance with good practice guidelines. The 2% requirement means that the pond will have a minimumvolume of 2,600m³. Final design of the pond system will be determined in consultation with the Waikato RegionalCouncil.

Overall, the stormwater system at Osterns II is capable of treating current and future stormwater to existingconsent standards.

7.10.3 Osterns III

The total catchment area draining to the three ponds is approximately 6.54 ha and is predominantly pasture orgrassed overburden. The combined surface area of all the three ponds is 820m² and the combined storagecapacity is 1514m³.

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The retention volume provided by all of the ponds effectively amounts to 2.3% of the catchment area. This isabove the volume of 2% recommended within the Waikato Regional Council’s guidelines provided within thereport “Design Guidelines for Earthworks, Tracking and Crossings, A Practitioner’s Technical Guide to MinorEffects Based Activities”.

An overburden area will be located within Osterns lll and will be approximately 2.5ha. Of this 2.5ha approximately0.3 ha already drains to the existing Osterns lll ponds. This overburden area will receive material from Osterns ll.Construction of the overburden area will require placing fill in a gully. The stormwater management system for thisarea has not been finalised.

7.10.4 Hungerford property

Two new overburden disposal areas will be located north of Osterns l and be approximately 7.6ha. Theseoverburden areas will receive material from Osterns l and ll. Construction of the overburden area will requireplacing fill in a gully. The stormwater management system for these areas has not been finalised. It may consist ofpiping any water from the upstream catchment through the overburden area. The largest of these overburdenareas is located very close to the top of the catchment so there will be minimum water to be reticulated throughthe overburden. Runoff from the overburden area is likely to be treated in a pond. The time frame for constructionof these areas is in about two years.

The stormwater management system would need to be designed and reviewed by a suitably qualified CharteredProfessional Engineer. Final location and design of the stormwater system will be determined in consultation withthe Waikato Regional Council.

Standard erosion and sediment control practices will be implemented as part of the development of theoverburden areas. These practices may include:

- Minimising sediment generated by erosion;

- Separating clean and dirty water;

- Stabilising exposed areas as soon as possible;

- Installing perimeter controls;

- Protection of watercourses;

- Silt control;

- Installation of sediment detention devices; and

- Monitoring and maintenance of sediment control devices.

7.11 Ground water effectsThe following information is summarised from the technical report in Appendix G of this AEE. Please refer to thetechnical report for further details.

7.11.1 Water abstraction

The current estimated volumes of groundwater abstracted at the Osterns Quarry site (i.e. from Pits I and II) is inthe order of 500 m3/day,

Pit I inflows are expected to be insignificant with proposed deepening of the excavation (up to 40m3/day). Encountering a fracture zone may alter this interpretation. However, greywacke permeability isexpected to decrease with depth during excavation. Following review of the available information, it is expectedthat quarry activities would continue as they currently are, with evaporation being the main process forgroundwater take from Pit I.

Based on conservative estimates for Pit II, a take of 1,450 m3/day is considered to be the upper bound forgroundwater inflows once equilibrium is achieved in the groundwater system. Given the above, the totalestimated increase in groundwater take from the current activity at the site (Pits I and II) is predicted to beapproximately 1,000 m3/day. A single total groundwater take of 1,500 m3/day is therefore proposed for the entireOsterns Quarry Site for the proposed activities (while bearing in mind that any surface water discharged will be inaddition to this rate).

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In order to dewater the current volume of water in Pit II in a reasonable timeframe, a higher initial abstraction ratein the order of 5,000 m3/day may be required. This maximum abstraction rate may be applied over the timerequired to empty the pit, followed by a reduction in take to 1,450 m3/day to maintain a dewatered state.

Dewatering at the quarry has been occurring for many years and the persistent presence of springs and surfacewater features suggests that this dewatering of the greywacke aquifer has generally limited influence on localwater bodies. The effects of existing activities are considered to represent the baseline for assessing effects ofany further groundwater take, with the assessment outlined in this section carried out using this comparison.

The entire Waipa aquifer underlies an area of approximately 142,200 ha. The annual management level for thisarea was calculated by Waikato RC as 320,000,000 m3 (Table 3-6 of the Waikato Regional Plan), which isrecharged from effective rainfall, approximately 450 mm/yr for the Waipa aquifer (WRC, 2015). The Waikato RCWAC indicates that total groundwater usage within the Waipa Aquifer is approximately equivalent to 18 mm/year(or 4%) of the total effective recharge of 450 mm/year. The proposed abstraction rate is less than 0.2% of theavailable resource and therefore considered to be sustainable with respect to the aquifer resource on a regionalbasis.

The only authorised take from the Mangakaeo Stream is the one currently held by Osterns Quarries for 85m3/day. There are no authorised takes from shallow groundwater within 2 km of the site centre. The effects toother stream and shallow aquifer users are therefore considered to be less than minor.

A total of five private bores are registered in the WRC database as being installed in the fractured greywackeaquifer within 2 km of the site. Two of the bores have associated authorised takes:

- AUTH130157.01.01 is located approximately 1.7 km southeast of Pit II. The take quantity is unknown,however the bore is 40 m deep and inferred to be within shallow alluvium based on the location. Effects tothis groundwater take are predicted to be less than minor.

- AUTH122298.01.01 is located approximately 320 m southwest of Pit II. The take is consented for 240m3/day from a bore installed within greywacke to 74 m depth. The bore is located approximately 320 msouthwest of Pit II. The estimated increase in drawdown at this location is predicted to be in the order of 0.2m as predicted for the observation point 350 m north east of Pit II.

A registered bore (Bore ID 65_221), without a consented take, is located 300 m south of the pit, in greywackebased on drillers logs (WRC, 2015).

The effects on the above private bore and authorised take from the greywacke aquifer have been estimated to beno more than minor, with the increase in groundwater drawdown at the nearest of these bores predicted to beonly 0.2 m.

The other two bores that do not have authorised takes are considered to take less than 15 m3/day underpermitted activity criteria. Drawdown effects in these bores are predicted to be less than minor, due to greaterpotential working drawdown of the bores and low volume of the smaller water takes.

7.11.2 Water balance

Based on a conceptual understanding of the groundwater system, additional water drawn from the quarry pit anddischarged to Mangakaeo Stream will provide a net positive effect on stream flow (see Table 8 below). Thisincrease in local streamflow is expected to provide some buffer to surface water use in the catchment.

The values estimated for the proposed expansion are fixed daily average rates (in m3/day) based on summer flowrates, with winter rates expected to increase as a response to stormwater runoff. The estimated watertakes/water balance includes:

1. Groundwater: 1,500 m3/day rate for groundwater abstraction from the pit as assessed in the groundwaterreport. This rate is considered to be the same in summer and winter, with additional winter volumes beingthe result of stormwater runoff. Groundwater abstraction in terms of L/s is not constrained by maintaining aminimum stream flow during seasonal variation.

2. Surface water take: 85 m3/day is the current consented rate for surface water abstraction from theMangakaeo Stream.

3. Net Surface water Take (closed system, Table 8a): loss of 175 m3/day rate from surface water take aftergain/losses are accounted for, assuming 100% surface water-groundwater connection.

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4. Net Surface water (conceptual understanding, Table 8b): Gain of up to 1,325 m3/day is estimated for theexpansion, with this predicted to increase in winter owing to increased stormwater runoff. This increase inlocal streamflow is expected to provide some buffer to downstream surface water use in the catchment.

The site water balance presented using this method is considered to best reflect the onsite influence of thegroundwater take.

The rate of surface water abstraction (in L/s) will depended on quarry operating requirements, but will be such asto maintain baseflow in the stream.

Table 8a Summary Table of Total Contribution of Water to Mangakaeo Stream (Closed System)

Assuming direct connection between of groundwater and surface water

Current Operations Proposed Expansion

Total m3/day

Summer -175 -175

Winter -72 -72

Table 8b Summary Table of Total Contribution of Water to Mangakaeo Stream (Interpreted Understanding)

Assuming localised hydraulic separation from surface water)

Current Operations Proposed Expansion

Total m3/day

Summer +342 +1,325

Winter +1,368 +2,351

7.11.3 Ground water quality

The existing groundwater quality is regionally characterised by elevated manganese and iron, typical of TaurangaGroup aquifers. The shallow aquifer is not expected to be influenced by leakage through the upper weatheredgreywacke profile, therefore no changes in water quality are expected to occur as a function of the proposedincreased water take, with potential effects to groundwater quality from the proposed take considered to beminimal.

The existing groundwater quality is likely to be characterised by elevated boron, typical of greywacke aquifers.Groundwater quality in the deeper aquifer is locally of suitable quality for smaller stock and domestic takes asindicated by a number of private bore records for the area (WRC, 2015). No changes in water quality areexpected to occur as a function of the proposed increased water take from the same basement unit, with potentialeffects to groundwater quality from the proposed take considered to be minimal.

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8.0 RMA Statutory Assessment

8.1 Part 2 – Purpose and Principles8.1.1 Section 5 - Purpose

The purpose of the RMA in Section 5 (1) is “… to promote the sustainable management of natural and physicalresources.” Sustainable management is defined in Section 5 (2) RMA.

Mineral extraction involves a finite resource, which is excluded from sustaining the potential of natural andphysical resources under Section 5(2)(a) of the Act.

Continuation of the quarry activity will enable people and communities to provide for their social and economicwellbeing and health and safety. Aggregate products are vital for the building, construction and landscapingindustries and are a key base material in all building projects. Properly designed and managed quarrying activitiesare therefore important for the operation of society. The rock extraction activity will manage any adverse effectson the environment while supplying the community with much needed aggregate product; thereby achieving thesustainable management of natural and physical resources in accordance with Section 5 of the Act.

8.1.2 Section 6 – Matters of national importance

Section 6 lists matters of national importance, of which the following are considered relevant to the proposal:

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

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

The continued operation and proposed expansion of the quarry will be undertaken in a manner that is consistentwith recognising and providing for the above matters. In particular the natural character of Mangakaeo Stream(as it currently exists) will be preserved, and direct impacts on the heritage sites will be avoided.

Consultation has been undertaken with Maniapoto ki Te Raki (MKTR) to address such matters; and a jointsubmission has been prepared on behalf of Osterns and MKTR for both Waikato Regional Council andOtorohanga District Council, dated 23 March 2016. The submission is to, amongst other matters, record thenature and extent of formal agreements between the parties (MKTR and Osterns Quarry) for the purpose ofacknowledging existing quarry activities and associated quarry expansion. Sections 9.1 – 9.6 of the submissionstate the specific MKTR considerations and agreements between the parties. Section 10.6 identifies the mattersto form conditions of consent from each respective Council. Written approvals from MKTR have also received.Refer to Appendix K for joint submission, written approval and consultation details.

8.1.3 Section 7 – Other matters

Section 7 lists other matters for regard to be given to, of which the following are relevant to the Osterns Quarryapplications:

(a) Kaitiakitanga:

(aa) The ethic of stewardship:

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

(c) The maintenance and enhancement of amenity values:

(d) Intrinsic values of ecosystems:

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

The continued operation and proposed expansion of the quarry will be consistent with the Section 7 mattersabove. Consultation undertaken with tangata whenua and other stakeholders as kaitiaki and stewards of naturaland physical resources has addressed this aspect. As noted above, a joint submission has been prepared onbehalf of Osterns and MKTR for both Waikato Regional Council and Otorohanga District Council, dated 23 March2016. The submission is to, amongst other matters, record the nature and extent of formal agreements between

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the parties (MKTR and Osterns Quarry) for the purpose of acknowledging existing quarry activities and associatedquarry expansion. The submission also recognises matters pertaining to kaitiakitanga and the ethic ofstewardship, and addressed the key issues discussed during consultation, including:

· The protection of the Pukerimu, Tokanui and Whiti Te Marama Pa sites, and the surroundinglandscapes;


The continued discharge to land, water and air associated with the quarrying and ancillary activities is notconsidered to adversely impact on local amenity values or the quality of the surrounding environment.

8.1.4 Section 8 – Principles of the Treaty of Waitangi

Section 8 of the RMA states:

“In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation tomanaging the use, development, and protection of natural and physical resources, shall take into accountthe principles of the Treaty of Waitangi (Te Tiriti o Waitangi).”

The continued operation and proposed expansion of the quarry is consistent with giving effect to the principles ofTe Tiriti o Waitangi. Matters relating to stewardship. Kaitiakitanga, and consultation have been taken into account,in accordance with the principles of the Treaty of Waitangi; and were addressed in the joint submission preparedon behalf of Osterns and MKTR for both Waikato Regional Council and Otorohanga District Council, dated 23March 2016. The joint submission is to, amongst other matters, record the nature and extent of formalagreements between the parties (MKTR and Osterns Quarry) for the purpose of acknowledging existing quarryactivities and associated quarry expansion.

8.2 Part 6 – Resource Consents8.2.1 Section 104 Consideration of applications

This application has been prepared in accordance with section 104 of the RMA and the report takes into accountthe national environmental standards, other regulations, and national policy statements relevant to thisapplication. The relevant provisions of the Regional Policy Statement, Regional Water and Land Plan are set outin sections below.

Under s104(2), the consent authority may consider the permitted baseline approach, taking into account theeffects of the quarry as part of the existing environment.

Under s104 RMA, the consent authority is subject to Part 2, to have regard to the actual and potential effects onthe environment of allowing the activity, any relevant planning documents, and any other matters considered to berelevant before exercising an overall broad judgement whether or not to grant the application.

In this regard, the assessment requires a comparison of the overall benefits of retaining the quarry activities asproposed, with any adverse effects on the environment. The assessment of effects shows that the quarry ishaving only minor effects on the existing environment and that is expected to continue into the future. Refer tosection 7 of this report.

To make that comparison the character of the existing environment is to be considered initially. The existingenvironment in this case is the environment as it exists today, with the Osterns Quarry in place. It is not theenvironment as it may have been many years ago before the quarry was established.

Case law has indicated that the adverse effects of the proposal are those effects that are not already impacting onthe environment (Rodney DC v Eyres Eco-Park Ltd [2007] NZRMA 1 at paragraph 38).

Under Section 104(2A) of the Act, the consent authority must have regard to the value of investment of theexisting consent holder, when considering an application affected by Section 124 RMA.

8.2.2 Section 104B Determination of applications for discretionary or non-complying activities:

After considering an application for resource consent for a discretionary or non-complying activity, a consentauthority may grant or refuse the application, and if it grants the application, may impose conditions under Section108.

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8.2.3 Section 105 Matters relevant to certain applications

This application is for a discharge permit, and the consent authority must, in addition to the matters in section104(1), have regard to—

– the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and

– the applicant's reasons for the proposed choice; and

– any possible alternative methods of discharge, including discharge into any other receiving environment.

The impact on the receiving environment has been assessed, and consideration given to the alternative disposaloptions possible, to determine the preferred option. Further details are in Appendix F for the stormwaterassessment.

8.2.4 Section 107 Restriction on grant of certain discharge permits

The effects of the discharge permit sought have been assessed to ensure that potential adverse effects on theenvironment will not result in the conditions described under Section 107, which are set out below, for ease ofreference:

1 Except as provided in subsection (2), a consent authority shall not grant a discharge permit [or a coastalpermit to do something that would otherwise contravene section 15 or section 15A allowing—

– (a) The discharge of a contaminant or water into water; or

– (b) A discharge of a contaminant onto or into land in circumstances which may result in that contaminant (orany other contaminant emanating as a result of natural processes from that contaminant) entering water; or

– (ba) The dumping in the coastal marine area from any ship, aircraft, or offshore installation of any waste orother matter that is a contaminant, -

if, after reasonable mixing, the contaminant or water discharged (either by itself or in combination with thesame, similar, or other contaminants or water), is likely to give rise to all or any of the following effects in thereceiving waters:

– (c) The production of any conspicuous oil or grease films, scums or foams, or floatable or suspendedmaterials:

– (d) Any conspicuous change in the colour or visual clarity:

– (e) Any emission of objectionable odour:

– (f) The rendering of fresh water unsuitable for consumption by farm animals:

– (g) Any significant adverse effects on aquatic life.

2 A consent authority may grant a discharge permit or a coastal permit to do something that would otherwisecontravene section 15 or section 15A that may allow any of the effects described in subsection (1) if it issatisfied—

– (a) That exceptional circumstances justify the granting of the permit; or

– (b) That the discharge is of a temporary nature; or

– (c) That the discharge is associated with necessary maintenance work—

and that it is consistent with the purpose of this Act to do so.

3 In addition to any other conditions imposed under this Act, a discharge permit or coastal permit may includeconditions requiring the holder of the permit to undertake such works in such stages throughout the term of thepermit as will ensure that upon the expiry of the permit the holder can meet the requirements of subsection (1)and of any relevant regional rules.

8.3 National Policy StatementsThe purpose of national policy statements is to state objectives and policies for matters of national significancethat are relevant to achieving the purpose of the RMA. Regional and district plans must give effect to NPS, under

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Sections 67 (3) (a) and 75 (3) (a) RMA. The National Policy Statement for Freshwater Management 2014 is theonly national policy statement considered relevant to the Osterns Quarry applications.

8.3.1 The National Policy Statement for Freshwater Management 2014

The National Policy Statement for Freshwater Management 2014 (NPS) sets out objectives and policies thatdirect local government to manage water in an integrated and sustainable way, while providing for economicgrowth within set water quantity and quality limits. The NPS is a first step to improve freshwater management at anational level.

Chapters of relevance in this instance include Water Quality (Chapter A), Water Quantity (Chapter B) andTangata Whenua Roles and Interests (Chapter D). The relevant objective and policies are provided below:

- Objective A1To safeguard:

a) the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems, of freshwater; and

b) the health of people and communities, at least as affected by secondary contact with fresh water; in sustainably managing theuse and development of land, and of discharges of contaminants.

- Objective A2The overall quality of fresh water within a region is maintained or improved while:

a) protecting the significant values of outstanding freshwater bodies;

b) protecting the significant values of wetlands; and

c) improving the quality of fresh water in water bodies that have been degraded by human

activities to the point of being over-allocated.

Policies A1 – A3 relate to regional councils setting freshwater objectives and freshwater quality limits through their regionalplans, including provision for regional councils to impose conditions on discharge permits in relation to the limits and targets setin the regional plans. Under Policy A4, regional councils are required to amend the regional plan requirements with new criteriafor assessing discharge applications during the interim period until changes have been made pursuant to Policies A1 and A2.

- Objective B1To safeguard the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystemsof freshwater, in sustainably managing the taking, using, damming, or diverting of freshwater.

- Objective B2To avoid any further over-allocation of freshwater and phase out existing over-allocation.

- Objective B3To improve and maximise the efficient allocation and efficient use of water.

Refer to Policies B1 – B7.

- Objective D1To provide for the involvement of iwi and hapū, and to ensure that tāngata whenua values and interests are identified andreflected in the management of fresh water including associated ecosystems, and decision-making regarding freshwaterplanning, including on how all other objectives of this national policy statement are given effect to.

- Policy D1Local authorities shall take reasonable steps to:

a) involve iwi and hapū in the management of fresh water and freshwater ecosystems in the region

b) work with iwi and hapū to identify tāngata whenua values and interests in fresh water and freshwater ecosystems in theregion and

c) reflect tāngata whenua values and interests in the management of, and decision-making regarding, fresh water andfreshwater ecosystems in the region.

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The key objectives and policy directions with regard to water quality include the maintenance or improvement ofthe overall quality of freshwater and its life-supporting capacity with regards to ecosystem processes andindigenous species; and establishing objectives and quality limits for all water bodies to give effect to the NPSobjectives.

Key objectives and policy directions with regard to water quantity include avoiding over allocation of thefreshwater resource, improving and maximising efficient allocation and use of water; safeguarding its life-supporting capacity with regards to ecosystem processes and indigenous species; ensuring the regional plansestablish freshwater objectives and set environmental flows and/or levels for all bodies of fresh water in theregion; and providing relevant changes to plans and criteria for assessing applications for water take permits.

Key objectives and policy directions with regard to tangata whenua roles and interests include providing for theinvolvement of iwi and hapu, and to ensure that tangata whenua values and interests are identified and reflectedin the management of fresh water; and ensuring local authorities take reasonable steps to involve and work withiwi and hapu to give effects to these objectives. In this regard, local iwi/hapu representatives have beenconsulted. Further details are in Section 6 and 7 of this AEE.

As noted above, a joint submission has been prepared on behalf of Osterns and MKTR for both Waikato RegionalCouncil and Otorohanga District Council, dated 23 March 2016. The submission is to, amongst other matters,record the nature and extent of formal agreements between the parties (MKTR and Osterns Quarry) for thepurpose of acknowledging existing quarry activities and associated quarry expansion. The submission alsorecognises matters pertaining to kaitiakitanga and tangata whenua values, and addressed the key issuesdiscussed during consultation, including:

· The protection of the Pukerimu, Tokanui and Whiti Te Marama Pa sites, and the surroundinglandscapes; and


As demonstrated in Section 7 of this AEE, the proposed water takes and discharge of contaminants to water willnot result in any adverse effects that are contrary to relevant policy directions in the NPS. The proposal istherefore consistent with the NPS, including the consideration of the NPS provisions relating to nationalsignificance of freshwater for all New Zealanders and Te Mana o te Wai.

8.4 Operative Waikato Regional Policy StatementThe Regional Policy Statement (RPS) provides an overview of the significant resource management issues of theregion and contains objectives, policies and methods to achieve integrated management of the natural andphysical resources of the Waikato region. The objectives and policies of the RPS are given effect to throughregional and district plans.

The relevant sections of the RPS to this project are as follows:

• 2.1.3: Tangata Whenua Relationship with Natural and Physical Resources;

• 3.3.7: Accelerated Erosion;

• 3.4.3: Ground Water Resources;

• 3.4.2: Surface Water Resources;

• 3.4.5: Water Quality;

• 3.6.3: Regional and Local Air Quality;

• 3.14.2: The Ability to Extract Mineral Resources;

• 3.14.3: Adverse Effects of Mineral Exploration and Developments.

Relevant objectives and policies are included in Appendix I of this AEE. Based on the assessment in Section 7of this AEE the proposal is considered to be consistent with the RPS.

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8.5 Proposed Waikato Regional Policy StatementThe Proposed Waikato Regional Policy Statement (PRPS) was notified on 2 November 2010 and the furthersubmissions period closed on 15th July 2011. Hearings on submissions have been held and the decisions of theWRC were released on 2 November 2011. Under section 104(1)(b) of the Act the relevant objectives and policiesof the Proposed Waikato Regional Policy Statement are to be given regard immediately after public notification.

Relevant objectives and policies are included in Appendix I of this AEE. Based on the assessment in Section 7of this AEE the proposal is considered to be consistent with the RPS.

8.6 Waikato Regional PlanRelevant objectives and policies are included in Appendix I of this AEE. Assessment of the key matters iscontained below.

With respect to those objectives and policies relating to water takes contained in Part 3.1, the followingcomments are made:

- The water takes will not affect the sustainability of the water resource or have a more than minor adverseeffects on existing users.

- The water takes will avoid significant adverse effects on aquatic ecosystems.

- There will be no significant adverse effects on the relationship tangata whenua as Kaitiaki have with waterand their identified taonga such as waahi tapu.

- The water takes will contribute to social and economic wellbeing pf the region.

- significant investment in the existing infrastructure relies on the continuation of the takes.

With respect to those objectives and policies relating to discharges contained in Parts 3.5.2 and 3.5.3respectively, the following comments are made:

- The ultimate discharge of contaminants to water (Mangakaeo Stream) will not have adverse effects that areinconsistent with the water management objectives in section 3.1.2 of the WRP, as indicated in theassessment in Section 7 of this report.

- The proposed activities do not have adverse effects that are inconsistent with the discharges onto or intoland objectives in Section 5.2.2 of the WRP.

- The discharges will not create adverse effects in terms of flooding and erosion.

- There are no adverse effects that are inconsistent with the relevant air quality policies of the WRP.

- There will be no significant adverse effects from downstream siltation.

- There are no significant adverse effects on Mangakaeo Stream.

With respect to those objectives and policies relating to Accelerated Erosion contained in Parts 5.1.2 and5.1.3 respectively, the following comments are made:

- Soil productivity will not be maintained given that the quarrying activity is removing material and overburdenfrom the pit area.

- Given the assessment in Section 7 of this report, there are not anticipated to be any adverse effects onwater quality and aquatic ecosystems that are inconsistent with Water Management Objective 3.1.2 of theWRP.

- Given the assessment in Section 7 of this report, the activities will minimise the adverse effects of soildisturbance and vegetation clearance in high risk erosion areas.

- There will be no increase in the adverse effects of flooding or land instability hazards.

- Given the proposed works as identified in Section 4 of this report, accelerated infilling of lakes/rivers isavoided.

- Given the assessment in Section 7 of this report, significant adverse effects on the relationship tangatawhenua as Kaitiaki have with their identified ancestral taonga are avoided.

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- Cumulative adverse effects on the relationship tangata whenua as Kaitiaki have with their identified taongaare anticipated to be appropriately remedied or mitigated.

- Significant adverse effects on natural character and ecological values associated with land and the coastal(lake) environment are avoided.

- Given the assessment in Section 7 of this report, there are no adverse effects on air quality that areinconsistent with Air Quality Objective 6.1.2, Objectives 2 and 3 of the WRP.

- Damage to property and infrastructure is avoided given that the quarrying activities are ongoing and haveexisted on site for many years.

With respect to those objectives and policies relating to Discharges Onto or Into Land contained in Parts5.2.2 and 5.2.3 respectively, the following comments are made in relation to both the deposit/storage ofoverburden, use of cleanfill, and also the stockpiling and temporary storage of bulk imported material andon site aggregate:

- The deposit/storage of overburden associated with the quarrying activity is not anticipated to contaminatesoil to levels that present significant risks to human health or the wider environment.

- Given the assessment in Section 7 of this report, the deposit/storage of overburden will not have adverseeffects on aquatic habitats, surface water quality or ground water quality that are inconsistent with the WaterManagement objectives in Section 3.1.2 of the WRP.

- Given the assessment in Section 7 of this report, the deposit/storage of overburden will not have adverseeffects related to particulate matter, odour or hazardous substances that are inconsistent with the Air Qualityobjectives in Section 6.1.2 of the WRP.

- The deposit/storage of overburden associated with the quarrying activity is not inconsistent with theobjectives in Section 5.1.2.

- The deposit/storage of overburden associated with the quarrying activity avoids significant adverse effectson the relationship that tangata whenua as Kaitiaki have with their taonga.

- The mitigation measures proposed in Section 6 of this report, seek to avoid/mitigate any potential damage toarchaeological sites, waahi tapu or other identified sites of importance to tangata whenua as Kaitiaki.

With respect to those objectives and policies relating to Regional and Local Air Management contained inParts 6.1.2 and 6.1.3 respectively, the following comments are made:

- Significant characteristics of air quality will be maintained.

- Given the assessment in Section 7 of this report, no significant adverse effects from individual site sourceson the characteristics of air quality beyond the property boundary are anticipated.

- Given the assessment in Section 7 of this report, cumulative effects of discharges on ambient air quality willnot present more than a minor threat to the health of humans, flora and fauna; cause odour that isobjectionable to the extent that it causes an adverse effect; result in levels of suspended or depositedparticulate matter that are objectionable to the extent that they cause adverse effects; have a significantadverse effect on visibility; cause accelerated corrosion of structures or cause significant adverse effects onthe relationship tangata whenua as Kaitiaki have with their identified taonga.

8.7 Otorohanga District PlanThe Otorohanga District Plan became operative on 30 October 2014. Relevant objectives and policies areincluded in Appendix I of this AEE.

With respect to those objective and policies relating to natural landscapes in Sections 1.2 and 1.3, thefollowing comments are made:

- The site is not located within and Outstanding Landscape or Landscape of High Amenity Value in the districtplan.

With respect to those objective and policies relating to mineral and soil resources in Sections 1.8 and 1.9,the following comments are made:

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- The benefits of mineral extraction are significant to the District, and are capable of being realised whileavoiding, remedying or mitigating adverse effects.

- The Osterns Quarry is an established feature and any further use or expansion will not have an increasedimpact on the productive or life-supporting capacity of soil.

- Adverse effects of the earthworks and mineral extraction activities will be mitigated and avoided, asdiscussed in Section 7 of this report.

With respect to those objectives and policies relating to rural character in Sections 3.2 and 3.3, thefollowing comments are made:

- The Osterns Quarry (and any effects thereof on rural amenity and character) is an established part of therural environment at the sites.

- Future extraction and processing activities will remain within the existing quarry footprint (Osterns I-III); theplacement of overburden on the Hungerford property will be managed and eventually rehabilitated to beconsistent with anticipated rural character.

- Past experience has shown that any adverse effects on rural character from quarry operations are capableof being avoided, remedied or mitigated; further assessment (forming part of this application) hasdemonstrated that subject to mitigation any adverse effects will be no more than minor.

- As indicated in Appendix H the land use is not expected to compromise the three sites of cultural value orthe relationship of Maori with these sites.

- The location of the quarry activities is not incompatible with existing land use activities in the Rural EffectsArea.

With respect to those objectives and policies relating to historic heritage in Sections 7.2 and 7.3, thefollowing comments are made:

- The proposed quarry and overburden activities will not encroach on the Three Sisters sites to any greaterextent than is currently occurring, therefore any adverse effects on historic heritage will be avoided.

- The registered historic heritage sites will be retained and there is not expected to be any adverse effects onthe relationship of the sites with the surrounding area.

With respect to those objectives and policies relating to safety of road users in Section 8.2 and 8.3, thefollowing comments are made:

- The volume of traffic generated by the land use will not adversely affect road safety or the efficient operationof the transport network due to the development of the new SH3 access and the limits on production.

- Mitigation methods employed during the operation of the quarry ensure that the safety and function of thetransport network is not adversely affected or compromised by minimising dust discharges, the provision ofsufficient site loading, parking and manoeuvring areas and location of access ways.

With respect to the objectives and policies relating to hazardous substances (Section 9.2 and 9.3):

The storage will be designed and located to ensure adverse effects on the environment associated with thestorage, use and transportation of hazardous substances will be mitigated.

8.7.1 Assessment Criteria

Refer to Appendix J for an assessment against the relevant assessment criteria of the Otorohanga District Plan.

8.8 Tai Tumu Tai Pari Tai Ao/Waikato-Tainui Environmental PlanThe Waikato-Tainui Environmental Plan (W-TEP) was prepared by Waikato-Tainui Te KauhanganuiIncorporated, the Iwi Authority for Waikato-Tainui. The W-TEP forms the Waikato-Tainui environmental planningdocument.

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In brief, the W-TEP sets out the environmental issues of importance to Waikato-Tainui and Waikato-Tainui’sexpectations for how those issues will be addressed in resource management terms. The W-TEP sets outa range of objectives and policies on general environmental matters of importance to Waikato-Tainui, andalso more specifically addresses 11 specific environmental areas. Of relevance to this application, one ofthese specific areas (Chapter 28) is mining and quarrying oil, gas and minerals (including aggregateextraction).

At 28.2 the W-T EP records the issues associated with mining and quarrying, summarised as follows:

- Mining has contributed to the pollution and deterioration of health of the Waikato River and its environment

- Landscapes are irrevocably altered by mining, which can have unintended long-term consequences

- Waahi tapu and sites of significance to maori may be accidentally altered or destroyed by mining

- The effects of mining need to mitigated in an ongoing manner during and after the life of the mine

- The local costs of mining need to be matched by local benefits

The specific objectives and policies for mining are contained in Appendix I of this report. The proposal isconsiders to be consistent with these provisions on the basis that:

- The specialist investigations undertaken to support the ongoing quarry operations, as well investigationsundertaken in the past for matters such as geotechnical preservation of the identified pa sites adjacent to thequarry, have identified levels of potential adverse effects from the quarry activity and methods to mitigatethose effects to levels that are, at most, minor.

- Ongoing consultation with tangata whenua will identify measures to assist with managing cultural effects thathave not already been addressed through past investigations and management of the quarry activity.

- As noted earlier, a joint submission has been prepared on behalf of Osterns and MKTR for both WaikatoRegional Council and Otorohanga District Council, dated 23 March 2016. The submission is to, amongstother matters, record the nature and extent of formal agreements between the parties (MKTR and OsternsQuarry) for the purpose of acknowledging existing quarry activities and associated quarry expansion. Thesubmission also recognises matters pertaining to kaitiakitanga and tangata whenua values, and addressesthe key issues discussed during consultation, including:

· The protection of the Pukerimu, Tokanui and Whiti Te Marama Pa sites, and the surroundinglandscapes; and

· The protection of the Mauri and Mana of water (te kaitiakitanga o te mauri me te mana o te wai).

- Given that the activity is an aggregate extraction facility, restoration and remediation of the total extent of sitefollowing exhaustion of the aggregate resource in the future is neither feasible nor necessary. Overburdenplacement areas have historically and will continue to be shaped and restored to be used for productive ruralpurposes

- The quarry is a long standing facility in the area. It has and will continue to contribute to local employmentopportunities and opportunities for local sub-contractors in relevant support services.

- The quarry is a regionally significant contributor of aggregate that enables construction of new and upgradedinfrastructure and development, which in turn enhances the economic growth that underpins the overallwellbeing for local and regional communities.

8.9 SummaryOverall, the existing and proposed expansion to the quarrying (and ancillary) activities are considered to begenerally consistent with the relevant statutory documents.

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9.0 Notification Assessment

9.1 Public Notification AssessmentRMA Provisions

Under s.95A(1) of the RMA a consent authority has discretion in deciding whether to publicly notify an applicationfor resource consent. Under s.95A(2) public notification is, however, required if:

a. The activity will have or is likely to have adverse effects on the environment that are more than minor; or

b. The applicant requests public notification; or

c. A rule or national environmental standard requires public notification.

Under s.95A(3) a consent authority must not publicly notify the application if a rule or national environmentalstandard precludes notification and the applicant has not otherwise requested notification. Notwithstanding this, aconsent authority may still publicly notify an application if it decides that special circumstances exist in relation tothe application (s.95A(4)).

“Special circumstances” have been defined by the Court of Appeal as those that are unusual or exceptional, butthey may be less than extraordinary or unique (Peninsula Watchdog Group (Inc) v Minister of Energy [1996] 2NZLR 529). With regard to what may constitute an unusual or exceptional circumstance, Salmon J commented inBayley v Manukau CC [1998] NZRMA 396 that if the district plan specifically envisages what is proposed, itcannot be described as being out of the ordinary and giving rise to special circumstances.

Under s.95D of the RMA, in deciding whether an activity will have or is likely to have adverse effects on theenvironment that are more than minor, a consent authority:

a. Must disregard any effects on people who own or occupy the land where the activity will occur or anyadjacent land; and

b. May disregard an adverse effect of the activity if a rule or national environmental standard permits an activitywith that effect.

Assessment

Based on the information provided in Sections 4 and 7 of this report, it is considered that the proposed activitieswill have no more than minor adverse effects on the environment. Additionally, the majority of the effects areconsidered to be contained to the Osterns Quarries sites and will not significantly adversely affect the widerenvironment. It is considered that no special circumstances exist in relation to this application that would requirepublic notification and the applicant has not requested public notification. No applicable rule or environmentalstandard requires public notification in this instance.

Therefore, public notification of the resource consent applications is not considered necessary in this instance.

9.2 Limited NotificationRMA Provisions

Under s.95B(1) of the RMA, if an application is not publicly notified then the consent authority must decide if thereare any ‘affected persons’ in relation to the activity. Any affected person must be given limited notification of theapplication, unless a rule or national environmental standard precludes limited notification (s.95B(2)).

Under s.95E(1) a consent authority must decide that a person is an affected person if the activity’s adverse effectson that person are minor or more than minor (but are not less than minor). In making its decision, the consentauthority may disregard an adverse effect of the activity on the person if a rule or national environmental standardpermits an activity with that effect (s.95E(2)).

Notwithstanding the above, a consent authority must decide that a person is not an affected person if that personhas otherwise given their written approval to the activity (s.95E(3)).

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Assessment

The applicant has consulted with the following parties:

- Maniapoto Maori Trust Board;

- Fish and Game;

- Heritage New Zealand;

- New Zealand Transport Authority;

- Department of Conservation;

- Surround/adjoining land owners/occupiers.

Details of the consultation undertaken with each of the stakeholders identified above, and the issues raised are insection 6 and Appendix K of this report. Written approvals obtained are also in Appendix K.

In particular, a joint submission to both Waikato Regional Council and Otorohanga District Council was receivedfrom Maniapoto ki Te Raki (MKTR) for Osterns Quarry, dated 23 March 2016. The submission is to, amongstother matters, record the nature and extent of formal agreements between the parties (MKTR and OsternsQuarry) for the purpose of acknowledging existing quarry activities and associated quarry expansion. Sections 9.1– 9.6 of the submission state the specific MKTR considerations and agreements between the parties.

Sections 10.1 – 10.5 address RMA provisions relating to the following matters:

· s95E affected persons

· s7(a) Kaitiakitanga and (aa) ethic of stewardship

· s8 Treaty of Waitangi (Te Tiriti o Waitangi)

Section 10.6 identifies the matters to form conditions of consent from each respective Council. Written approvalsfrom MKTR have also been received. Refer to Appendix K for joint submission, written approval and consultationdetails.

With regard to the various issues raised by the respective stakeholders identified above, it has been identified thatthese matters can be addressed by way of consent conditions.

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10.0 ConclusionsOQL seeks resource consents from the Waikato Regional Council and Otorohanga District Council to continueactivities which have been established at the Osterns Quarry over several decades. Principally the activities forwhich consents are sought involve the excavation, processing and deposition/stockpiling of rock and overburden,and subsequent transport of saleable product from the site. Related activities include the provision of stafffacilities, operation of plant and machinery, and water take and discharge management activities. OQL seeks tocontinue these activities until 2050.

The Osterns Quarry is well located within the eastern Waikato area to service the aggregate needs of the regionwith excellent reserves of high-grade material. Aggregates perform a vital role in society and underpin manyfacets which contribute to the social and economic wellbeing of people and communities. Any adverse effects ofthe proposal are capable of being avoided, remedied, or mitigated to the extent that they are no more than minor.

The proposal is considered to be consistent with the purpose and principles of the Resource Management Act1991, and the underlying regional policy and planning documents. Accordingly it is considered the consentssought can be granted, subject to conditions.

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Appendix A

Site Layout andCertificates of Title

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Appendix B

Existing ResourceConsents

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Appendix C

Traffic Assessment

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Appendix D

Noise Assessment

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Appendix E

Landscape and VisualAssessment

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Appendix F

Stormwater Assessment

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Appendix G

Groundwater and SurfaceWater Assessment

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Appendix H

Archaeology Assessment

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Appendix I

Objectives and Policies

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Appendix I Objectives and Policies

Operative Regional Policy Statement

Section 2.1.5 – Tangata Whenua Relationship with natural and Physical Resources

Objective: The relationship which tangata whenua have with natural and physical resources recognised.

Policy One: Maori Culture and Tradition

Ensure that the relationship tangata whenua have with their ancestral lands, water, sites, waahi tapu and othertaonga is recognised and provided for in resource management decision making.

Section 3.3.7 Accelerated Erosion

Objective: Net reduction in the effects of accelerated erosion and those effects avoided where practicable.

Policy One: Avoid, Remedy Or Mitigate Accelerated ErosionEnsure that land users:

a. avoid where practicable, practices that cause accelerated erosion; and

b. remedy or mitigate the adverse effects of accelerated erosion if it occurs.

Section 3.4.5 – Water Quality

Objective: Net improvement of water quality across the Region

Policy Two: Other Water Bodies

Determine the characteristics for which other water bodies are valued and manage those water bodies to ensurethat any adverse effects on those characteristics are avoided, remedied or mitigated.

Section 3.4.6 – Flow Regimes

Objective: The range of uses of water reliant on the characteristics of flow regimes maintained or enhanced.

Policy Two: Modifications of Flow Regimes

Allow changes to existing flow regimes while avoiding, remedying and mitigating adverse effects on theenvironment.

Policy Three: Riparian Management

Ensure that the adverse effects of land use on water quality and aquatic habitats are avoided, remedied, ormitigated.

Section 3.4.7 - Efficient Use of Water

Objective: The efficient use of water that is available to be taken from water bodies.

Policy One: Efficient Use of Water

Ensure that the water which is available to be taken from water bodies is used efficiently.

Section 3.6.3 Regional and Local Air Quality

Objective: Significant characteristics of areas of:

a .high air quality protected

b. degraded air quality enhanced

c. other air quality maintained.

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Policy Three: Other Air Quality

Ensure that the significant characteristics of air that is not of high or degraded quality are maintained by avoiding,remedying or mitigating the adverse effects from the discharge of contaminants.

Policy Four: Adverse Effects on Human Health

Discharges to air managed in a way that is designed to avoid adverse effects on human health.

Policy Five: Adverse Effects On The Health Of Flora And Fauna

Discharges to air managed in a way that is designed to avoid adverse effects on flora and fauna (excludingtargeted pest species).

Section 3.10.2 Storage, transportation, use and disposal of hazardous substances

Objective: No significant risk of adverse environmental and human health effects deriving from the storage,transport, use and disposal of hazardous substances.

Policy One: Storage of Hazardous Substances

Hazardous substances are to be stored in a manner that is designed to avoid adverse effects from unintentionalreleases.

Policy Two: Transport of Hazardous Substances

Hazardous substances are to be transported in a manner that is designed to avoid unintentional releasesoccurring and avoids, remedies or mitigates the effects of releases when they do occur.

Policy Three: Use of Hazardous Substances

Hazardous substances are to be used in a manner that is designed to avoid adverse effects. Where these effectsare unable to be completely avoided they will be remedied or mitigated.

Section 3.14.2 The Ability to Extract Mineral Resources

Objective: The ability to extract mineral resources not unnecessarily restricted by sensitive activities. The ability toextract mineral resources neither prevented nor protected by unnecessary plan provisions.

Policy One: The Ability to Extract Mineral Resources

Manage the use and development of land and mineral resources in a manner that:

a. recognises that the extraction of mineral resources may be incompatible with other land uses or resources;

b. recognises that other activities may be incompatible with the extraction of mineral resources;

c. imposes only controls that are necessary to address the adverse environmental effects of activities and likelyconflicts between incompatible activities;

Section 3.14.3 Adverse effects of mineral extraction and developments

Objective: Integrated management of the adverse environmental effects of mineral exploration and development.

Policy One: Adverse Environmental Effects

The effects of mineral exploration and development managed:

a. in accordance with the objectives and policies contained within the RPS;

b. to recognise that some areas may be unsuitable for mining operations; and

c. to have regard to the acid drainage potential, amongst other issues, of sulphide bearing rock.

Section 3.15.2 The Regions Heritage

Objective: The protection of regionally significant heritage1 resources, and allowing subdivision, use, anddevelopment of other heritage resources, while ensuring that there is no net loss in the Region.

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Policy One: Protection of Heritage Resources

Ensure the protection of significant natural and cultural heritage resources.

Policy Two: Other Heritage Resources

Allow subdivision, use and development, while avoiding, remedying or mitigating any adverse effects on othernatural and cultural heritage resources.

Section 3.15.3 Maori Heritage

Objective: The protection of heritage resources of significance to Maori

Policy One: Protection of Maori Heritage

Seek to avoid accidental or intentional damage or interference to heritage resources of significance to Maori.

Proposed Regional Policy StatementRelevant key objectives

3.8 Relationship of tāngata whenua with the environment

Objective: The relationship of tāngata whenua with the environment is recognised and provided for, including:

a. the use and enjoyment of natural and physical resources in accordance with tikanga Māori , includingmātauranga Māori;

b. the role of tāngata whenua as kaitiaki.

3.10 Air Quality

Objective: Air quality is managed in a way that:

a) ensures that where air quality is better than national environmental standards and guidelines for ambient air,any degradation is as low as reasonably achievable;

b) avoids unacceptable risks to human health and ecosystems, with high priority placed on achieving compliancewith national environmental standards and guidelines for ambient air; and

c) avoids, where practicable, adverse effects on local amenity values and people’s wellbeing including fromdischarges of particulate matter, smoke, odour, dust and agrichemicals, recognising that it is appropriate thatsome areas will have a different amenity level to others.

3.13 Mauri and Health of Fresh Water Bodies

Objective: Recognise and provide for the mauri and health of fresh water bodies by:

a) maintaining the following:

i) natural character and natural function, including flow regime variability;

ii) health and functioning of indigenous biodiversity, ecosystems and habitats;

iia) human relationships with fresh water including:

i. the cultural and traditional relationship of tāngata whenua with fresh water;

ii. availability and suitability of water for domestic or municipal supply;

iii. harvesting of aquatic food species and mahinga kai that is safe to eat; and

iv. recreation values including swimming;

b) improving the life supporting capacity of fresh water bodies where they have been degraded as a result ofhuman activities, with demonstrable progress made by 2030; and

c) ensuring that high value fresh water bodies are protected;

d) enabling people and communities to provide for their social, economic and cultural wellbeing and for theirhealth and safety; and

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e) managing adverse cumulative effects of land use activities on fresh water bodies.

3.14 Allocation and Use of Fresh Water

Objective: The allocation and use of fresh water is managed to:

a) avoid any new over-allocation of ground and surface waters;

aa) phase out any existing over-allocation of ground and surface water bodies by 31 December 2030;

b) [Deleted]

c) increase efficiency in the allocation and use of water; and

d) recognise the benefits of water takes and uses.

3.17 Historic and cultural heritage

Objective: Sites, structures, landscapes, areas or places of historic and cultural heritage are protected, maintainedor enhanced in order to retain the identity and integrity of the Waikato region's and New Zealand's history andculture.

3.20 Amenity

Objective: The qualities and characteristics of areas and features, valued for their contribution to amenity, aremaintained or enhanced.

3.24 Values of soil

Objective: The values of the soil resource are maintained or enhanced, including:

a) the existing and foreseeable range of uses; and

b) its life-supporting capacity.

Relevant key policies

Policy 5.2 Manage discharges to air

Manage discharges to air (other than from home heating or transport) to ensure any resulting degradation avoidsunacceptable risks to human health, and is as low as reasonably achievable. In determining whether anydegradation is as low as reasonably achievable, the following will be taken into account:

a) existing air quality;

b) the age of and ability to upgrade existing infrastructure;

c) any alternative modes/methods of discharge;

d) applicable emission control techniques;

e) the extent to which it is possible to apply the best practicable option;

f) the relative effects on the environment of the options;

g) economic and social factors;

h) managing discharges to air where there is high or good air quality; and

i) national environmental standards and guidelines for ambient air.

Policy 5.3 Manage adverse effects on amenity

Ensure discharges to air are managed so as to avoid, remedy or mitigate objectionable effects beyond theproperty boundary.

Policy 8.1: Approach to managing fresh water bodies

Establish measurable limits and targets for each fresh water body to manage the adverse effects on them.

Policy 8.3: All fresh water bodies

Manage the adverse effects of activities to maintain or enhance the values of fresh water bodies and coastalwater by:

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a) reducing:

i) sediment in fresh water bodies and coastal water (including bank instability);

ii) accelerated sedimentation of estuaries;

iii) microbial and nutrient contamination;

iv) other contaminants; and

b) protecting and improving:

i) riparian and wetland habitat;

ii) instream habitat diversity;

iii) [Deleted]

iv) indigenous biodiversity; and

c) providing for migratory patterns of indigenous freshwater species up and down rivers and streams and to thecoastal marine area; and

d) avoiding:

i) physical modification of fresh water bodies where practicable; and

ii) inappropriate development in flood plains; and

e) managing:

i) groundwater and surface water flow/level regimes, including flow regime variability;

ii) linkages between groundwater and surface water; and

iii) pest and weed species where they contribute to fresh water body and coastal water degradation.

Policy 8.7: Efficient allocation and use of fresh water

Ensure the allocable water resource is allocated efficiently and is used efficiently.

Policy 10.2: Relationship of Māori to taonga

Recognise and provide for the relationship of tāngata whenua and their culture and traditions with their ancestrallands, water, sites, wāhi tapu and other taonga.

Policy 10.3: Effects of development on historic and cultural heritage

Manage subdivision, use and development to give recognition to historic and cultural heritage and to integrate itwith development where appropriate.

Policy 12.4 Maintain and enhance areas of amenity value

Areas of amenity value are identified, and those values are maintained or enhanced. These may include:

a) areas within the coastal environment and along inland water bodies;

b) scenic, scientific, recreational or historic areas;

c) areas of spiritual or cultural significance; and

d) other landscape (seascape) natural features.

Policy 14.1 Maintain or enhance the values of the soil resource

Manage the soil resource to:

aa) avoid sedimentation and erosion;

a) [Deleted]

b) maintain or enhance biological, chemical and physical soil properties; and

c) retain soil versatility to protect the existing and foreseeable range of uses of the soil resource.

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Policy 14.3 Soil contaminants

Ensure that accumulation of contaminants in soils is avoided and does not cause a reduction in the range ofexisting and foreseeable uses of the soil resource. Particular attention will be given to the potential for effects on:

a) human health;

b) animal health;

c) suitability of soil for food production;

d) micro-nutrient availability;

e) soil ecology; and

f) groundwater.

Waikato Regional Plan3.1.2 Objective

The management of water bodies in a way which ensures:

a. that people are able to take and use water for their social, economic and cultural wellbeing

b.net improvement of water quality across the Region

c. the avoidance of significant adverse effects on aquatic ecosystems

d. the characteristics of flow regimes are enhanced where practicable and justified by the ecological benefits

e. the range of uses of water reliant on the characteristics of flow regimes are maintained or enhanced

f. the range of reasonably foreseeable uses of ground water and surface water are protected

g. inefficient use of the available ground surface water resources is minimised

h.an increase in the extent and quality of the Region’s wetlands

i. that significant adverse effects on the relationship tangata whenua as Kaitiaki have with water and theiridentified taonga such as waahi tapu, and native flora and fauna that have customary and traditional uses in or onthe margins of water bodies, are remedied or mitigated

j. the cumulative adverse effects on the relationship tangata whenua as Kaitiaki have with water their identifiedtaonga such as waahi tapu, and native flora and fauna that have customary and traditional uses that are in or onthe margins of water bodies are remedied or mitigated

k. the management of non-point source discharges of nutrients, faecal coliforms and sediment to levels that areconsistent with the identified purpose and values for which the water body is being managed

l. the natural character of the coastal environment, wetlands and lakes and rivers and their margins (includingcaves), is preserved and protected from inappropriate use and development

m. ground water quality is maintained or enhanced and ground water takes managed to ensure sustainable yield

n. shallow ground water takes do not adversely affect values for which any potentially affected surface water bodyis managed

o. concentrations of contaminants leaching from land use activities and non-point source discharges to shallowground water and surface waters do not reach levels that present significant risks to human health or aquaticecosystems

p. that the positive effects of water resource use activities and associated existing lawfully establishedinfrastructure are recognised, whilst avoiding, remedying or mitigating adverse effects on the environment.

3.3.2 Objective

a. Giving effect to the overarching purpose of the Vision and Strategy to restore and protect the health andwellbeing of the Waikato River for present and future generations.

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b. The availability of water to meet the existing and the reasonably justified and foreseeable future domestic ormunicipal supply requirements of individuals and communities and the reasonable needs for an individual’sanimal drinking water requirements.

c. The recognition of the significant community benefits that derive from domestic or municipal supply takes.

d. The efficient allocation and the efficient use of water.

e. No further allocation of water that exceeds the primary allocation in Table 3-5 that reduces the generation ofelectricity from renewable energy sources.

f. The recognition that existing water takes contribute to social and economic wellbeing and in some casessignificant investment relies on the continuation of those takes, including rural-based activities such as agriculture,perishable food processing and industry.

g. The continued availability of water for cooling of the Huntly Power Station.

h. Sufficient water is retained instream to safeguard the life supporting capacity of freshwater, including itsecosystem processes and indigenous species and their associated ecosystems.

i. That decisions regarding the allocation and use of water take account of the need to avoid the furtherdegradation of water quality, having regard to the contaminant assimilative capacity of water bodies.

j. Subject to Objectives a) to h) above, the availability of water to meet other future social, economic and culturalneeds of individuals and communities (including rural-based activities such as agriculture, perishable foodprocessing and industry).

3.5.2 Objective

Discharges of contaminants to water undertaken in a manner that:

a. does not have adverse effects that are inconsistent with the water management objectives in Section 3.1.2

b. does not have adverse effects that are inconsistent with the discharges onto or into land objectives in Section5.2.2

c. Ensures that decisions regarding the discharge of contaminants to water do not reduce the contaminantassimilative capacity of the water body to the extent that allocable flows as provided for in Chapter 3.3 are unableto be utilised for out of stream uses.

3.5.3 Policies- Policy 2: Managing Discharges to Water with More than Minor Adverse Effects

Control, through resource consents, discharges to water that are likely to have more than minor adverse effectsso that:

a. adverse effects on surface water bodies that are inconsistent with the policies in Section 3.2.3 of this Plan areavoided as far as practicable and otherwise remedied or mitigated

b. the discharge causes no significant adverse effects from flooding or erosion

c. there are no significant adverse effects from downstream siltation

d. there are no significant adverse effects on the Coastal Marine Area, wetlands2 that are areas of significantindigenous vegetation and/or significant habitats of indigenous fauna, cave ecosystems or lakes

e. any subsequent discharges to air do not have adverse effects that are inconsistent with the policies for airquality provided in Section 6.1.3 of this Plan.

Policy 6: Tangata Whenua Uses and Values

Ensure that the relationship of tangata whenua as Kaitiaki with water is recognised and provided for to avoidsignificant adverse effects and remedy or mitigate cumulative adverse effects on:

a. the mauri of water

b. waahi tapu sites

c. other identified taonga.

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Policy 7: Stormwater DischargesEncourage at-source management and treatment of stormwater discharges to reduce water quality and waterquantity effects of discharges on receiving waters.

5.1.2 Objective

A net reduction of accelerated erosion across the Region so that:

a. soil productivity, versatility and capability is maintainedb. there are no adverse effects on water quality, aquatic ecosystems and wetlands that are inconsistentwith Water Management Objective 3.1.2c. there is no increase in the adverse effects of flooding or land instability hazardsd. accelerated infilling of lakes, estuaries, rivers, wetlands and cave systems is avoided and the rate ofinfilling of artificial watercourses, excluding structures designed to trap sediment, is minimisede. significant adverse effects on the relationship tangata whenua as Kaitiaki have with their identifiedancestral taonga such as ancestral lands, water and waahi tapu are avoidedf. cumulative adverse effects on the relationship tangata whenua as Kaitiaki have with their identifiedtaonga such as ancestral lands, water, waahi tapu are remedied or mitigated.g. significant adverse effects on natural character and ecological values associated with land and thecoastal environment including dune systems is avoidedh. there are no adverse effects on air quality that are inconsistent with Air Quality Objective 6.1.2,Objectives 2 and 3i. damage to property and infrastructure is avoided

in particular in High Risk Erosion Areas together with:

i. Catchments of estuaries that are areas of significant conservation value on the Coromandel Peninsulaii. Karst and cave systems.

5.1.3 Policies- Policy 1: Managing activities that cause or have the potential to cause accelerated erosion andencouraging land management practices

Through permitted activities and non-regulatory methods manage activities that cause or have the potential tocause accelerated erosion, with particular regard to:

a. the potential for the activity to adversely affect the purpose of the water management classes asidentified in the policies in Section 3.2.2, and the coastal marine area

b. the risk of downstream sedimentation leading to accelerated infilling of lakes, estuaries, artificialwatercourses, rivers, wetlands and caves

c. the erosion potential of soil when it is disturbed or vegetation is cleared

d. the potential to increase the adverse effects of flooding

e. the potential to adversely affect waahi tapu and archaeological sites or other identified sites ofimportance to tangata whenua as Kaitiaki

f. the potential to adversely affect natural character of the coastal environment and the margins of rivers,lakes and wetlands and areas of significant indigenous vegetation and significant habitats of indigenous fauna1

g. the potential to compromise air quality objectives as identified in Module 6 Air

h. the potential to damage property and infrastructure.

Policy 3: Promote Good PracticePromote, through environmental education, good practice guides and incentives, soil and land managementpractices that avoid adverse effects on soil productivity, capability and versatility and the off-site effects ofsediment discharge, and remedies or mitigates these effect if they do occur.

6.1.2 Objectives- objective 1

Significant characteristics of air quality as identified in Table 6-1 are:

a. protected where they are high

http://www.waikatoregion.govt.nz/Council/Policy-and-plans/Rules-and-regulation/Regional-Plan/Waikato-Regional-Plan/5-Land-and-Soil-Module/51-Accelerated-Erosion/513-Policies/#Footnote1

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b. enhanced where they are degraded

c. otherwise maintained.

Objective 2:

No significant adverse effects from individual site sources on the characteristics of air quality beyond propertyboundary.

Objective 3:

Cumulative effects of discharges on ambient air quality do not:

a. present more than a minor threat to the health of humans, flora and fauna

b. cause odour that is objectionable to the extent that it causes an adverse effect

c. result in levels of suspended or deposited particulate matter that are objectionable to the extent that they causeadverse effects

d.have a significant adverse effect on visibility

e. cause accelerated corrosion of structures

f. cause significant adverse effects on the relationship tangata whenua as Kaitiaki have with their identified taongasuch as air, ancestral lands, water and waahi tapu.

6.1.3 Policy 2: Managing Effects of Other Discharges

Manage other discharges of contaminants to air through controlled and discretionary activity rules havingparticular regard to the effects of the discharge on:

a. ambient air quality compared to the Regional Ambient Air Quality Guidelines (RAAQG) levels provided inChapter 6.3,

b. ambient air quality compared to internationally accepted air quality guidelines or standards for managing andunderstanding the effects of contaminants on human health, the health of flora and fauna and amenity values,

c. ambient odour and particulate matter levels compared to the guidelines for assessment provided in Chapter 6.4of the Plan for odour and particulate matter

d. adverse effects from contaminants that are hazardous in ambient air, particularly with respect to human health,

e. the significant characteristics of air quality within an area,

f. significant adverse effects of the discharge on the identified values of tangata whenua as Kaitiaki,

g. the sensitivity of the receiving environment,

h. existing ambient air quality and any cumulative effects as a result of the discharge on the receivingenvironment,

i. nationally accepted codes of practice for the relevant activity

Otorohanga District PlanNatural Landscapes

Objectives

1.2.1 To protect Outstanding Landscapes from inappropriate earthworks, indigenous vegetation clearance andmodification, subdivision, use and development.

1.2.2 To maintain and where appropriate enhance the characteristics of Landscapes of High Amenity Valuethrough controlling and managing earthworks, indigenous vegetation clearance and modification, subdivision, useand development.

1.2.3 To enable the continuation of existing land use activities and farming practices within the Landscape PolicyArea.

1.3 Policies

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1.3.1 To identify Outstanding Landscapes and Landscapes of High Amenity Value within the Landscape PolicyArea on the planning maps.

Mineral and Soil Resources

Objectives

1.8.1 To recognise the benefits derived from the use of mineral resources extracted from within the District.

1.8.2 To maintain the productive capacity of high quality soils and the life supporting capacity of the Districts soilresource.

1.8.3 To avoid, remedy or mitigate the adverse effects of earthworks activities, including mineral extraction.

Policies

1.9.1 To enable the extraction of mineral resources within the Rural Effects Area while ensuring adverse effectsare avoided, remedied or mitigated.

1.9.2 To encourage the use of the soil resource within the Rural Effects Area for agricultural purposes.

1.9.3 To ensure earthworks are managed so as to avoid, remedy or mitigate adverse effects on existing sensitiveland use activities on adjoining and/or adjacent properties.

1.9.4 To specify and apply development standards, assessment criteria and other methods for proposals involvingearthworks within the district.

Rural Character

Objectives

3.2.1 To retain the rural character and amenity values of an area through managing land use and developmentand controlling subdivision.

3.2.3 To ensure that land use, subdivision and development activities in the Rural Effects Area avoid, remedy ormitigate any adverse effects including cumulative effects, upon the rural character of the area where they arelocated, or the amenity values which constitute this character. Rural Character includes:

(a) small scale and low density and intensity of development;

(b) scenic vistas;

(c) high proportion of natural open space;

(d) areas of indigenous vegetation and habitats of indigenous fauna;

(e) natural features, including rolling hills, mature vegetation and water bodies;

(f) agricultural working landscapes;

(g) lawfully established activities and structures.

3.2.4 To discourage land use and subdivision activities that may be sensitive to the effects of existing lawfullyestablished activities, from establishing in areas where they could be subject to adverse effects from theseactivities.

3.2.5 To ensure that land use and subdivision activities do not compromise the relationship of Maori culturalvalues to, and with, their ancestral lands, water, sites, waahi tapu and other taonga.

Policies

3.3.1 Rural character is retained by managing activities in a way which:

(a) restricts inappropriate development and subdivision in the wider Rural Effects Area;

(b) provides development and subdivision opportunities in the Countryside Living Policy Areas aroundOtorohanga and Kawhia;

(c) recognises, provides for and enables the continuation of lawfully established activities and the establishment ofrural and agricultural land use activities.

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3.3.2 To control development and subdivision in the Rural Effects Area so that rural land is not fragmented to theextent that existing lawfully established activities and potential future rural land use activities are constrained orsubjected to unrealistic amenity expectations.

3.3.5 To manage the scale and intensity of activities so they are compatible with the rural character of the area inwhich they are to be located.

3.3.7 In the Rural Effects Area, avoid, remedy or mitigate against the adverse effects, including cumulativeeffects, on rural character associated with:

(a) density / intensity of development;

(b) altering visual amenity values from public places including roads;

(c) loss of privacy;

(d) loss of daylight;

(e) built form, building site and coverage, building setbacks, height and design;

(f) Deleted;

(g) traffic generation and insufficient roading capacity;

(h) excessive noise and vibration;

(i) objectionable odour;

(j) objectionable dust generation;

(k) earthworks;

(l) glare and light spillage;

(m) signs;

(n) compromising the relationship of Maori and their culture and traditions with their ancestral lands, water, sites,waahi tapu and other taonga;

(o) damage or removal of notable trees;

(p) damage or modification to any items and sites of historic or cultural heritage;

(q) stormwater and/or wastewater management; and

(r) reverse sensitivity concerns associated with existing lawfully established activities.

3.3.9 To discourage commercial and industrial activities from locating in areas where they have effects that areincompatible with:

(a) rural residential activities in Countryside Living Policy Areas; or

(b) existing sensitive land use activities in the Rural Effects Area.

3.3.10 Subdivision, building and development should be located and designed to:

(a) be sympathetic to and reflect the natural and physical qualities and characteristics of the area;

(b) ensure buildings have bulk and location that is consistent with buildings in the neighbourhood and the locality;

(c) avoid buildings and structures dominating natural features, adjoining land or public places;

(d) encourage retention and provision of trees, vegetation and landscaping;

(e) arrange allotments and buildings in ways that avoid ribbon development; promote the clustering of buildingplatforms; and enables outlooks to views and open space, where appropriate, to be shared;

(f) maintain adequate daylight and direct sunlight to buildings;

(g) promote the use of energy efficient design, orientation and layout, where appropriate;

(h) ensure adequate supply of potable water;

(i) enable the continued operation and maintenance of existing lawfully established activities;

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(j) provide noise attenuation measures within buildings used for noise sensitive land use activities along statehighway and railways.

3.3.11 To specify and apply subdivision and development control standards, assessment criteria and othermethods to manage adverse effects arising from the use, development and subdivision of land within the RuralEffects Area including the Countryside Living Policy Area.

Historic Heritage

Objective

7.2.1 To recognise and where appropriate, protect historic heritage sites, buildings, notable trees, places andother items of historic heritage and their relationship to the surrounding area from inappropriate subdivision, useand development.

Policies

7.3.2 To recognise and provide for the protection of waahi tapu, waahi tipuna and other sites of significance toIwi/Hapu.

7.3.4 Registered historic heritage sites, buildings and places in the District should be retained; and

(a) scheduled items must not be demolished or removed unless their condition poses a risk to human life andreasonable alternative options are found to be impracticable or uneconomic; or

(b) any alterations to scheduled items should be consistent with the scale, style, character and materials of theitem and should retain cultural and heritage values that are attached to it; and

(c) any adverse effects on the relationship of sites with the surrounding area should be avoided, remedied ormitigated.

7.3.5 Damage to recorded and discovered historic heritage sites, buildings, places and items of heritage valueshould be avoided.

7.3.6 Establish and recommend the use of protocols for resource users, Council and relevant iwi or heritageauthorities that will take effect upon the discovery of previously unrecorded archaeological sites.

Tai Tumu Tai Pari Tai Ao/Waikato-Tainui Environmental PlanObjective - mining

28.3.1 In partnership with Waikato-Tainui existing and new mining activities effectively manage adversesocial, cultural, spiritual, environmental, and economic effects.

Policy – mining

28.3.1.1 In partnership with Waikato-Tainui, to ensure that existing and new mining activities effectivelymanage adverse social, cultural, spiritual, environmental, and economic effects.

Policy – remediation

28.3.1.2 To ensure that existing and new mining activities effectively remediate and restore mining sites.

Objective – Local cost, local benefit

28.3.2 Mining activities demonstrate a direct community benefit for the communities near their activities.

Policy – local cost, local benefit

28.3.2.1 To ensure that mining activities demonstrate a direct community benefit for the communities neartheir activities.

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Appendix J

Otorohanga District PlanAssessment Criteria

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Appendix J Assessment Criteria

Comments

The following comments correspond numerically with the assessment criteria above.

1. Refer to section 8.7 of this report.

2. The site is not within an identified Outstanding Natural Landscape or Amenity Landscapes within theOperative Otorohanga District Plan.

3. Refer to section 7.3 and 7.6 of this report.




10. The earthworks will have no effect in this regard.

11. N/A

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Comments


1. Refer to section 8.7 of this report and the Traffic Impact Assessment in Appendix C.




5. Refer to sections 6.2 and 7.4 of this report; and the Traffic Impact Assessment in Appendix C.


7. Vehicles are not required to use a railway level crossing and therefore there are no impacts on the NorthIsland Main Trunk Railway.

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Comments



2. Refer to relevant sub-sections of section 7 of this report.






8. The relevant matters of Rules 14.4 and 16.2 are addressed within the AEE in section 7 of this report.

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Comments


1. Xxx

2. Refer to section 7.6 of this report and the report in Appendix E.

3. Refer to section 7.6 of this report and the report in Appendix E.

4. The relevant matters of Rule 17.2 are addressed within section 7.6 of this report.

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Comments



2. Refer to section 7.8 and the report in Appendix H.

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3. Refer to section 7.8 and the report in Appendix H.

4. N/A

5. Refer to sections 6.5, 7.8 and 7.9; and the report in Appendix H.



8. N/A


10. N/A





15. Refer to section 6.3.

16. The relevant matters of Rule 21.3 are addressed within section 7.3 of this report.

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Comments



2. There is adequate separation distance to adjoining land uses to prevent risk of exposure to hazardoussubstances.

3. Sensitive environmental features are protected from risk exposure to hazardous substances.

4. The site is appropriately designed to avoid accidental/other release of hazardous substances towaterbodies.

5. N/A

6. Adverse effects can be appropriately avoided/mitigated.

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Appendix K

Consultation Details andWritten Approvals

ostern quarry - otorohanga district€¦ · aecom ostern quarry...

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