ruakura interchange nor - response to further information

19 September 2014

Andrew Cumberpatch

MWH Global Ltd

PO Box 89

Hamilton 3240

Dear Andrew

Ruakura Interchange NOR - Response to Further Information Request s92A

Resource Management Act 1991

The following is a response to your request for further information, dated 12 September

2014. The request was made in relation to the Notice of Requirement (NOR) issued by

the New Zealand Transport Agency (Agency) for the Ruakura Interchange and

connecting roads as alterations to designations J17 (Waikato District Plan), and E90A

(Hamilton City Proposed District Plan).

It is important to note that resource consent applications relating to the same project

were lodged with the Waikato Regional Council (WRC) on 12 September 2014. It is

anticipated that those applications will be processed non-notified. Some of the further

information requested is addressed through those applications, and as such, reference is

made where necessary to confirm this. A copy of the WRC resource consent application

was provided to you on 12 September 2014.

Responses to your further information request are provided below, and where necessary

have included specialist input. The numbers for each response correspond to those used

in the further information request.

General

1. The closure of Ruakura Road is an outcome of the NOR. The road controlling

authority for Ruakura Road is Hamilton City Council (HCC) (west of the

Expressway), and Waikato District Council (WDC) (east of the Expressway). The

stopping of the road will need to be given effect to by the two councils, via either the

Local Government Act 2002, or the Public Works Act 1981.

2. This proposal to establish the Ruakura Interchange and connecting roads will involve

the use of hazardous substances during the construction phase. This will include

substances associated with construction machinery such as oil and fuel, as well as

cement and lime that might be used in soil stabilisation. The Construction

Management Plan (proposed as a condition of the WRC consents – refer to Appendix

F of the WRC consent application) requires the inclusion of procedures to be followed

to minimise the risk of discharging any hazardous materials as the first priority, and

Opus International Consultants Ltd Hamilton Environmental Office Opus House, Princes Street Private Bag 3057, Waikato Mail Centre, Hamilton 3240 New Zealand t: +64 7 838 9344 f: +64 7 838 9324 w: www.opus.co.nz

to deal with any discharge that does occur. This is considered to be the most

appropriate avenue for addressing the use of hazardous substances.

3. We can confirm that the NOR to alter the designation within the HCC jurisdiction

applies only to the Hamilton City Proposed District Plan (PDP).

4. It is confirmed that the following resource consent applications were lodged with the

WRC on 12 September 2014, relating to the Ruakura Interchange and connecting

roads:

To undertake earthworks, including soil disturbance, roading, tracking and

vegetation clearance outside of high risk erosion areas, and any associated

discharges of contaminants to water or air in association with the Project;

To divert artificial watercourses in association with the stormwater management

system for the Project; and

To divert and discharge stormwater into water, and/or into or onto land, in

association with the Project.

Consistent with the approach to the most recent consent and designation process

(early 2014) for the Hamilton Section of the Waikato Expressway, stormwater

matters are addressed through the WRC consent conditions, rather than the NOR

conditions. A copy of the resource consent applications has been provided to you for

your information.

5. Land acquisition will be managed in accordance with the requirements of the Public

Works Act 1981. Property acquisition is underway for the Hamilton Section, with the

intention that this is completed by June 2015. Once land is acquired, property

management will be handled by the Agency’s property managers until construction

commences.

6. Construction of the Hamilton Section of the Waikato Expressway is expected to

commence in 2016, and be completed by 2019/2020. Staging of construction within

this construction timeframe will be determined by the contractor. It is acknowledged

that the lapse date will need to be addressed by way of an application under s184

Resource Management Act 1991 (RMA) to extend the designation lapse period.

7. The effect of the NORs on the Expressway designation (and of enabling access from

the Ruakura area to the State highway network) is covered in the Network

Connections Strategy (Appendix D to the NOR). This document contains the

assessment of various options for providing Expressway connectivity in the area,

including consideration of network efficiency, interchange spacing and strategic fit.

Based on this assessment it was concluded that the proposed option (Ruakura

Interchange) is the optimum network solution.

8. The other non-road designations potentially affected by the NOR are:

‘L1’ – North Island Main Trunk Railway designation (KiwiRail)

400kV transmission line Auckland to Whakamaru (Transpower)

Both of these designations are already affected by the existing Expressway

designations, and conditions are in place that address potential effects on

transmission lines. The Agency has engaged with the relevant requiring authorities

(and continues to do so) in giving effect to the overall Expressway project, including

the Ruakura Interchange.

9. Refer to 8 above.

10. The Tangata Whenua Working Group (TWWG) has produced a draft Tangata

Whenua Cultural Effects Assessment Report (TWEAR) for the Expressway project as

a whole. This document was never finalised by the TWWG and they have asked for it

not to be released. In lieu of the TWEAR, the TWWG produced a Position Statement

which is included as Appendix E to the NOR. We consider that the Position

Statement is sufficient for indicating the TWWG’s support for the Ruakura NOR and

demonstrating that they have been appropriately consulted with in giving effect to the

Expressway project, and that the TWWG will continue being consulted with as the

project continues. In addition, the NOR will be notified enabling an opportunity for

the TWWG to submit if they choose to.

11. The recommended conditions provided in Appendix A of the NOR do not require any

amendments or additions resulting from this response to the request for further

information.

Ecology

12. (a) The location of scattered and groupings of mature exotic trees including

ornamental trees in the context of the proposed alteration are described in Section 4.1

of the Assessment of Ecological Effects (refer to Appendix 2D of the NOR).

Furthermore, these trees can be seen in the following plans included as Appendix C to

the NOR (ref: 2/4/99/4204/201R0, 204R0 and 207R0).

(b) Please refer to the Stormwater Management Plan (ref: 2/4/99/4204/209R1

(Appendix C of the NOR), which shows the location of the proposed stormwater

wetland near the head of the Mangaonua Gully.

(c) Significant Natural Areas (SNA) are identified in the PDP. Two SNAs (ref 41 and

42) are located downstream of the proposal and are shown on Planning Features Map

48B. Details of the two SNAs are contained in Schedule 9C of the PDP.

13. The impacted areas are of minimal value for native terrestrial flora and fauna and

therefore it is considered that there will be minimal cumulative effects resulting from

the construction of the Ruakura Interchange on terrestrial ecosystems.

14. It is expected that the construction of the Ruakura Interchange and connecting roads

will have minimal impact on lizard populations in the local area. However, there are

provisions to address this matter for the entire Hamilton Section of the Waikato

Expressway in the consents granted by the WRC in June 2014 (refer to Schedule 1,

conditions 48(b) and (d)). It is proposed with the current resource consent

applications for the Ruakura Interchange and connecting roads that the same

conditions be applied. On this basis, the effects on lizard populations will be

adequately addressed.

The WRC conditions include an advice note, which states that the consent conditions

stipulated are in addition to any obligations of the consent holder in respect of

absolutely protected wildlife under the Wildlife Act 1953. The Agency recognises that

separate permits will need to be sought under the Wildlife Act 1953.

15. The locations of the waterways that are impacted as a result of the NOR have already

been identified in the report (Figure 4-2 within Section 4.3.1 of the Assessment of

Ecological Effects), and all of these sites have been surveyed.

Photos of sections A, B and D are included in the Assessment of Ecological Effects, within section 4.3.4. However, no photo for section C was provided as this drain is dry for most of the year. A photo for section C is provided below.

Photo of Section C

16. The Proposed Waikato Regional Policy Statement significance criteria has been

addressed in Sections 5.1.1 and 5.2.1 of the Assessment of Ecological Effects. We have

indicated where the criteria are triggered, and do not consider it necessary to provide

details where the criteria are not triggered.

The significance criteria in the Proposed and Operative Regional Policy Statements

are very similar and the assessment used the Proposed Regional Policy Statement

criteria to assess the significance of the sites. It is considered that the relevant

criteria have been adequately applied. Refer to 17 below regarding assessment

against the Operative Waikato Regional Policy Statement.

17. No indigenous vegetation was found that would trigger the criteria for significance

under the Operative Waikato Regional Policy Statement.

18. Matters relating to the quality of the receiving environment for road related

contaminants both during construction and operation need to be addressed through

the WRC consents. A comprehensive set of conditions are included with the

stormwater discharge permits granted in June 2014 and apply across the Hamilton

Section of the Waikato Expressway (ref: AUTH130361.07). It is proposed that the

same conditions apply to the WRC consents currently being processed by the WRC

for the Ruakura Interchange and connecting roads.

19. The locations of the scattered and grouped mature exotic trees are displayed within

the plans listed above (ref: 2/4/99/4204/201R0, 204R0 and 207R0) and contained

within Appendix C of the NOR.

Surveys in the areas undertaken to date indicate a low risk of bats being present in

affected trees. Notwithstanding this, the WRC consent conditions for the Expressway

include provisions for tree removal protocols. It is proposed that the same conditions

apply to this proposal through the resource consent applications currently before the

WRC (refer to Schedule 1, condition 48 of the WRC consent conditions, provided in

Appendix F of the WRC consent application).

20. WRC consent conditions for the Expressway include provisions for addressing effects

of habitat loss and sedimentation. It is proposed that the same conditions apply to

this proposal through the resource consent applications currently before the WRC

(refer to Schedule 1, condition 48 of the WRC consent conditions provided in

Appendix F of the WRC consent application).

21. The type of culverts to be used throughout the project will need to be confirmed by

the contractor. However, it is acknowledged that the type of culvert installed can have

a bearing on ecological effects.

It is important to recognise that culverts in artificial watercourses are not covered by

the rules of the Waikato Regional Plan (WRP) (refer section 4.1 of the WRP). On this

basis, in terms of the WRC consents being applied for, there is no requirement to

mitigate for the effects of installing culverts. Notwithstanding this, the Agency

recognises that the installation of culverts in this area may have an impact on

mudfish and eel habitat, and as such, has offered mitigation by way of riparian

planting along a stretch of existing drain in Ruakura Road. Please refer to Section 6.3

of the WRC consent application for the mitigation condition being offered by the

Agency. In addition, the existing WRC consent conditions require fish passage in all

culverts, and habitat enhancements within culverts in permanently flowing

waterways (refer 130361.08 conditions 8 and 9, Appendix F of the WRC consent

application).

22. While it is accepted that there is limited room for riparian improvements, there is still

scope to undertake habitat improvements along remaining sections of drain running

parallel with Ruakura Road. Hicks and Barrier (1996) found that the categorical

variables that distinguished the sites with mudfish from those without were as

follows:

1. absence of water in summer (of sites with mudfish, 87% were dry at some

point over summer);

2. low to moderate disturbance scale rating;

3. presence of emergent and overhanging vegetation;

4. semi-mineralised or peat bog substrate types;

5. absence of fish species such as common bullies (Gobiomorphus cotidianus)

and inanga (Galaxias maculatus); and

6. presence of tree roots.

While it is difficult to control and influence all of these factors, there is scope to

provide overhanging vegetation through riparian planting in order to improve habitat

along a section of the drain running parallel with Ruakura Road. We note that the

shading of the drain is currently provided by a single row of cedar trees and rank

grasses along a section of the drain to the immediate south west of the Expressway

alignment. This was the only location where mudfish were found by ecologists during

their survey. There is no reason why planting a single row of trees along currently

unshaded sections of drain cannot achieve similar improvements in habitat along a

narrow riparian strip. The planting of native tree species which will quickly grow and

provide shade, as well as overhanging vegetation, such as kowhai, lemonwood, and

mahoe, can be planted. Other species such as karamu, harakeke and carex species can

also be used to create over-hanging riparian vegetation and microhabitats beneath

the tree species, alongside the drain.

Ideally as part of the development of the Mudfish Management Plan (MMP)

(recommended in section 7.1.1 of the Assessment of Ecological Effects) discussions

should be held with WDC to discuss long-term management of the drain which would

cover matters such as riparian vegetation management and approaches to drain

clearance. However, successful development and implementation of a management

regime sympathetic to the requirements of mudfish would depend on willing

cooperation and cannot be enforced by the Agency as this section of road is not under

their control.

23. The requirements for a MMP will be captured by the WRC consent conditions, which

require the preparation of an Environmental Management and Restoration Plan

(EMRP) (refer to condition 48 of Schedule 1, Appendix F of the WRC consent

application). The EMRP is to be prepared prior to any construction works

commencing and must be certified by the WRC. Accordingly, it is not considered

necessary at this stage to provide in draft format the content of the EMRP, which will

include any requirements of a MMP.

Social Impact

24. As provided in section 1.1 of the Social Impact Assessment (SIA) (Appendix 2I of the

NOR), the scope of the report is to assess the social effects as a result of the alteration

to designation for the Ruakura Interchange project. Information on the zoning of

areas is provided in the project background at section 2.3 of the SIA, and again at

4.2.1.2, where the land uses provided for in the Ruakura Schedule Area of the PDP

are described as part of the existing environment of the proposed alteration to

designation.

While assessment of the effects of the changes in land use as a result of changes to

zoning of the land to the west of the designated Expressway are out of scope for the

SIA, the future use of the land under the Ruakura Structure Plan has been given

consideration in the assessment of effects (section 7 of the SIA).

In summary, the communities of interest that are most affected by zoning changes

would be the Ruakura residents (Percival and Ryburn Road area) and the Silverdale

residents (Nevada Road area) to the immediate west of the designated Expressway.

Development adjacent to these areas in terms of the newly zoned activities (Logistics

and Industrial) are discussed throughout the SIA, but in particular at 7.2.1.1, 7.2.4.1,

and 7.2.4.3. With regard to the medium-density residential zoned area next to the

middle of Silverdale Road (as noted in 7.3.1.1), changes to traffic volumes are mainly

expected at the northern and southern ends of Silverdale Road, and no significant

effects to connectivity or accessibility were expected in this locality. Effects to any

potential future residents of this re-zoned area would be expected to be comparable

with Silverdale residents generally.

25. The management of any contaminated land identified within the designation

footprint will need to be addressed in accordance with the National Environmental

Standard (NES) for Assessing and Managing Contaminants in Soil to Protect Human

Health. Such investigations will only take place during the detailed design phase and

a decision made as to whether a resource consent under the NES needs to be applied

for. If required, the resource consent application will need to address any potential

effects (including social) and offer appropriate mitigation where necessary. At this

time we are not in a position to advise what that mitigation may include, only that it

will be duly considered in terms of the NES process.

26. Assumptions and Exclusions in Assessment (1.2) of the SIA identify that a community

profile has been carried out for the SIA, rather than a full demographic profile.

This was considered appropriate, relative to the size and scale of the alteration to the

existing designation. Namely, the area of impact is very geographically constrained,

and direct impacts as a result of the project will occur in a small area. The current

physical environment is largely rural and sparsely populated, and therefore the

current Census Area Units (CAU) are quite large, and apply to areas which will not be

directly affected by the alteration to designation (refer to the illustration of the

Newstead and Eureka CAUs shown in Figure 4 of the SIA).

Furthermore, as the PDP includes substantial changes to the existing zoning to the

west of the Expressway, the demographic makeup of the area is expected to change

considerably.

Specific information on travel mode choices has been included in the SIA to provide

more information on existing travel patterns, and inform the assessment of social

effects in terms of ‘Way of Life’; connectivity, accessibility, as well as effects on

walking, cycling and public transport. This data includes results from the 2013

Census of Population and Dwellings, and is provided in Appendix 3, and summarised

in 4.2.2.1 of the SIA.

27. Catchment information relating to the various community facilities located near to

the project footprint was gathered from / discussed with the specific facilities of

interest (identified at 4.4.1) and the details can be found in: Community Engagement;

Appendix 3 of the SIA. For your convenience, these details are also briefly

summarised below, as well as details from a discussion with Newstead Model Country

School.

Te Kura Kaupapa Maori o Toku Mapihi Maurea

Students of Te Kura Kaupapa Maori o Toku Mapihi Maurea are not all locally based,

and come from the wider Hamilton area. Students mainly arrive at school by car

(approximately 95%). Some local students walk to school (approximately 3%) and

some by bus (approximately 2%). The staff carpark is very small, and parents mainly

drop children off outside the school gates on Silverdale Road. Students who arrive via

bus have to cross over Silverdale Road to get to school, and the nearest zebra crossing

is approximately 500m from the bus stop. The school has an informal arrangement

with the bus company, for students to stay on the bus until it has turned around to go

in the other direction, and they disembark the bus on the same side of the road as the

school.

University of Waikato

Students attending the University mainly live off-campus (approximately 60%), in the

local area (Knighton/Hillcrest/Nevada Road), and walk or drive to University

(although cycling is seeing a small resurgence).

Newstead Country Pre School

The pre-school has a current roll of 37 children, who mainly come from Hamilton,

although some also live rurally. Many of the children attending have parents who work

at Livestock Improvement on the corner of SH26 and Ruakura Road.

Silverdale Normal School

Silverdale Normal School is a local school on Silverdale Road. The school catchment

area is bounded by Cambridge Road and Hillcrest Road to the west, extends just

beyond Ruakura Road to the north and the east, and extends just beyond SH26 to the

south (refer to Figure 5, page 22 of the SIA).

Most students who attend the school come from the east side of Silverdale Road and

from the area between Silverdale Road and Masters Ave. Some students come from

the other side of SH26, although numbers are decreasing. A few students also come

from the Ruakura Rd east area, though not many. Approximately 50% of the students

walk to school. Few students cycle, and the school does not encourage this mode as it

is not considered safe in this location. The remainder of students arrive in parents

vehicles. The school also offers before and after school care. Children are mainly

collected from after school care by parents in private vehicles, and collection times are

staggered from 3-5:30pm.

St Matthews Catholic Church

Parishioners mainly arrive at the church by car, and most come from the University

area, Hillcrest and Silverdale. Some parishioners come from further afield; towards

Morrinsville and Cambridge. Few parishioners come from north of Ruakura Road.

The church has few existing issues with congestion around the church, although they

experience busy times at the start and end of the school day, as parents of neighbouring

Silverdale Normal School use the church carpark to drop-off and pick-up children in

private vehicles.

Newstead Model Country School

This school mostly attracts students from Hamilton (approximately 70-80%), where

parents choose to send their children to a country school. The remainder of students

come from the surrounding rural areas. The school is open for supervision from 8am,

and runs an after school care programme until 5:30pm.

Almost all of the school’s students are dropped off by their parents in private vehicles.

There is a school bus which collects about 15 children who live to the east of the

school. Morrinsville Road (SH26) is very busy, and no students walk or cycle to

school.

Transportation and Traffic

28. A series of select link model outputs are available for the project. These are located

on:

Ruakura Road between Vaile and SH26,

All Ruakura Interchange ramps; and

North facing SH26 ramps.

A copy of these are attached to this further information response as Appendix 1.

29. A 1.5m sealed shoulder is the appropriate width for a state highway carrying greater

than 4,000vpd based on the State Geometric Design Manual. This is the maximum

width available within the existing road reserve. Section 7.1 of the Assessment of

Traffic Effects (Appendix 2A of the NOR) did not intend to suggest that this is the

State highway standard for a cycle lane, but indicates that cyclists have a 1.5m wide

sealed shoulder which they currently do not have. It is accepted that this less than

what is desirable for an on road cycle lane (2.0m), however, the project involves

upgrading an existing local authority road within a relatively constrained road width.

30. Proposed condition 9A.2 (refer to Appendix A of the NOR) indicates that a 1.5m

concrete pathway on the eastern side of Ruakura Road is being provided as part of

the scope of works. Off road cycle facilities are being provided on the new section of

relocated Ruakura Road (3m wide) as indicated in proposed condition 9A.1. There is

no intention to provide an off road cycle facility along the existing Ruakura Road

(other than for walking a cycle).

31. The safety assessment in Section 5.1 Assessment of Traffic Effects is based on an

annual predicted traffic volume.

Stormwater and Drainage

32. The stormwater wetlands to be constructed at station 15,200m and 15,900m to serve

the mainline of the Expressway will be sized to treat the runoff from the connecting

road. They have been modelled in 3D to ensure that they are large enough, are able to

capture the volume of stormwater runoff to attenuate flow to predevelopment

discharge rates, and can be contained within the proposed designation boundary.

A summary of these storage volumes is presented below.

Wetland Location: Station 15,200m

Wetland Location: Station 15,900m

The flows generated by the 100 year average return interval storm (ARI) will be

attenuated to 80% of the predevelopment discharge rate.

Sufficient room is available within the existing and proposed designations to

accommodate larger wetlands.

33. The proposed designation boundaries provide adequate room for erosion and

sediment control measures to be instigated. Where only a constrained area is

available, low footprint/head treatment devices will need to be implemented.

Wetland Surface Area

Required (m2)

Extended Detention

Volume (m3)

10 Year ARI Volume

(m3)

100 Year ARI Volume1

(m3)

Expressway Mainline 700 328 2991 4244

Ruakura Link Road 1150 1056 2478 3745

Total Volume or Surface Area Available

1850 1384 5469 7989

Wetland Surface Area

Required (m2)

Extended Detention

Volume (m3)

10 Year ARI Volume

(m3)

100 Year ARI Volume1

(m3)

Expressway Mainline 1120 985 3680 5321

Ruakura Link Road 135 185 433 655

Total Volume or Surface Area Available

1255 1170 4113 5976

The relatively flat topography of the area will limit the use of traditional sediment

retention ponds, decanting earth bunds, and diversion channel bunds during

construction. This is because there is insufficient hydraulic head available to capture

and store stormwater runoff, while preventing ponding on upstream properties. It is

anticipated that silt fences will be the primary treatment device used to remove

sediment from contaminated stormwater runoff as they can operate at a low

hydraulic head, and have a small footprint area.

34. Tainui Group Holdings (TGH) have indicated to the Agency that the stormwater wetland proposed adjacent to Ruakura Road where stormwater captured by the connecting road will discharge via Discharge Location 4, will be one of the first components of the Ruakura Development to be constructed. Coupled with the need for the relocated Ruakura Road to be established to give effect to TGH’s Ruakura Development, the Agency is confident that timing of construction for the road and stormwater wetland can be aligned. Discussions with TGH are continuing and it is anticipated that a formal agreement will be entered into shortly. In the event that TGH does not construct the wetland to coincide with construction of the connecting roads, the Agency will seek the necessary consents and undertake the required works.

35. Detention swales utilise a combination of biofiltration, and sedimentation to remove pollutants from stormwater runoff. These pollutants can either be dissolved, or adhered to particulates in stormwater runoff. Biofiltration can remove both forms of pollutants, but sedimentation only removes pollutants that are attached to particulates.

During the more frequent, lower intensity storm events the detention swales will operate as traditional swales and will remove pollutants by a process known as biofiltration. Treatment occurs as the polluted stormwater runoff flows at low velocity through vegetation (i.e. grass or wetland planting). During the more intense storms the detention swales will treat runoff using a combination of biofiltration and sedimentation. Sedimentation will occur when runoff is allowed to pond upstream from the check dams to be constructed within the detention swales. As the detention swales will be designed with capacity to capture the runoff generated by the 100 year ARI storm, during the water quality event the upper end of the swale will continue to treat runoff by biofiltration, and the lower end of the swale will treat the runoff by sedimentation. As runoff drains along the detention swale, from one check dam cell to the next, it will be treated by both biofiltration and sedimentation as part of a treatment train type process. Where the existing Ruakura Road is to be widened (station 1600m to 2450m) the existing water table drain on the eastern side of the road will be retained in its current state to maintain the existing informal treatment that currently occurs. Runoff collected from the western side of the road will be drained to the wetland to be constructed beside the Expressway at station 15,900m to allow the proposed works to be constructed within the proposed designation boundary. The size of this wetland has been increased to account for runoff from the Expressway and the widened section of Ruakura Road. All stormwater treatment will occur within the proposed designation boundary or on

land owned by TGH (i.e. the wetland draining to Discharge Location 4).

36. The outfall pipeline shown from the relocated Ruakura Road to Discharge Location 3

will be addressed by way of an easement, and not a designation as previously

indicated.

Additional Matters

37. The following is an assessment against the applicable District Plan and Regional Policy Statements, beyond those already addressed in the NOR. This information is not required in terms of the s92 request, but has been asked for in addition to that request.

Noise

The Waikato District Plan (WDP) contains a policy which requires that amenity values, health and safety should be protected from adverse traffic effects including noise, vibration, dust, lighting and glare. Where adverse effects from traffic and noise cannot be contained within the site from which they are generated they must be remedied or mitigated. The WDP also includes a policy that seeks to minimise adverse effects of the construction and operation of roads on people, communities and the environment by managing road surface noise (refer policies 13.2.5, 13.2.2, 13.2.4, 8.4.2).

The Hamilton City Operative District Plan (HCC ODP) has a policy framework that focuses on protecting residential activities from the adverse effects of transport noise, encourages the reduction of these adverse effects when reconstructing or redeveloping existing arterials and seeks to minimise potential traffic effects from the operation of new arterials on residential development. The HCC OP also contains rules relating to the design and construction of new arterial roads and residential activities adjacent to major and minor arterial roads. It also contains rules requiring compliance with NZS 6803: 1999 “Acoustics – Construction Noise” (refer objective 7.4.3, and 5.1.1(i) and (j)).

The Hamilton City Proposed District Plan (HCC PDP) contains a policy that specifies that noise effects from new and altered roads are to be managed using best practicable options to ensure noise levels received by existing premises and facilities that are sensitive to noise are reasonable. The HCC PDP contains a rule requiring that new or altered roads to be designed and constructed to mitigate road-traffic noise in compliance with NZS 6806: 2010 ‘Acoustics – Road traffic noise – New and altered roads’ (refer policy 25.8.2.1c and rule 25.8.3.4).

The Ruakura NOR is consistent with all of the above objectives and policies, as noise effects during both construction and operation are addressed by the recommended designation conditions.

Air Quality

The Operative Waikato Regional Policy Statement (OWRPS) contains objectives and policies that relate to the protection of high air quality, management of discharges to avoid adverse effects on human health, and to avoid adverse effects on flora and fauna (refer section 3.6.3).

The Proposed Waikato Regional Policy Statement (PRPS) contains policies relating to the management of discharges to air to avoid unacceptable risks to human health, and also to avoid, remedy or mitigate objectionable effects beyond the property boundary (refer policies 5.2 and 5.3).

The WDP includes a policy seeking that the adverse effects associated with offensive or objectionable dust, smoke and odour should be contained within the site where they are generated (refer policy 13.2.3, Rule 25.23.1, Rule 27.22.1).

The HCC ODP includes a rule that activities must not create a dust nuisance and defines a dust nuisance as being when: a) there is visible evidence of suspended solids in the air beyond the site boundary; and/or b) there is visible evidence of suspended solids traceable from a dust source settling on the ground, building or structure on a neighbouring site or water (refer Rule 5.5.1(a)).

The HCC PDP includes an objective that seeks to avoid adverse effects on local amenity values and people’s wellbeing arising from smoke, fumes, odour and dust and an associated rule that specifies that no objectionable or offensive dust, smoke, fumes or odour shall have adverse effects at any other site (refer objective 25.11.2.1 and rule 25.11.3).

The Ruakura NOR is consistent with all of the above objectives and policies relating to air quality as it will not result in unacceptable risks to human health, and because management of dust during construction will focus on containing effects within the site boundaries. Appropriate NOR conditions are recommended to address this.

Stormwater drainage/flood risk

The ORPS contains policies relating to the avoidance of natural hazard events, including by ensuring new developments are built in a manner designed to avoid or mitigate the adverse effects of natural hazards (refer section 3.8.4, policies 1 and 2).

The PRPS contains policies that seek a natural hazard risk management approach, and to manage development to reduce the risks from natural hazards to an acceptable or tolerable level (refer policies 13.1 and 13.2).

The WDP focus is on minimising risks from natural hazards to health, safety and property, resulting from use, development or protection of land (refer objective 5.2.1).

The HCC ODP policy focus is on mitigating impacts from natural hazards on people, property, and the environment, controlling development in hazard prone areas to minimise the impacts of flooding and ensuring stormwater disposal minimises the risk of flooding, erosion, and land instability (refer objective 3.2.1).

The HCC PDP policy focus is on managing activities to avoid or mitigate adverse effects on, and minimise risk to people, property, and the environment from natural hazards, in order to increase community resilience, reduce the risks from natural hazards, and support effective and efficient response and recovery from natural hazard events (refer objective 22.2.1).

The Ruakura NOR is consistent with the objectives and policies discussed above, as the stormwater design will avoid and mitigate adverse effects of flooding in relation to the operation of the road, including through design to accommodate increased rainfall as a result of climate change. The Ruakura NOR has also been designed with a stormwater management approach that will avoid creating any new or exacerbating any existing flood or drainage hazards on surrounding property.

Ecology/biodiversity

The ORPS contains an objective seeking that biodiversity within the Region is maintained or enhanced, including allowing development of natural and physical

resources while avoiding, remedying or mitigating adverse effects on biodiversity in the Region. The ORPS also seeks the protection and management of indigenous vegetation and habitats of indigenous fauna (refer section 3.11).

The PRPS also seeks to maintain or enhance indigenous biodiversity, and to ensure that where loss or degradation is authorised, adverse effects are remedied or mitigated (refer section 11.1)

The WDP policy framework in respect of biodiversity, ecosystems and habitats is focussed on maintaining and enhancing indigenous biodiversity and the life-supporting capacity of indigenous ecosystems. Policies to achieve this include locating and designing development to avoid, remedy or mitigate adverse effects on indigenous biodiversity and protecting the features and values that characterise areas of indigenous vegetation and habitats of indigenous fauna and that contribute to biodiversity (refer objective 2.2.1).

The HCC ODP policy focus in terms of the Waikato River corridor and gullies relates to the protection of the natural character, bank stability and water quality of the river corridor and gully system because of visual, wildlife, cultural, historical, and recreational values, and the enhancement of these significant natural features and their associated ecological processes (refer objective 3.1.1).

The policy focus of the HCC PDP relates to restoring and protecting the ecological, amenity, landscape and cultural values of the river corridor and gully system (refer objective 21.2.1). In terms of SNAs, the HCC PDP includes a policy that seeks to avoid adverse effects of development on the City’s Significant Natural Areas (SNAs) (refer policy 20.2.1d).

As described in the Ruakura NOR AEE, black mudfish and longfin eel habitat may be lost through the installation of culverts, which has the potential to cause a more than minor effect. However, mitigation measures are proposed including riparian planting of approximately 450m² of roadside drain (more than twice the area lost). This mitigation is offered by the Agency, despite the fact that culverts within artificial watercourses are permitted by the WRP. In addition the effects of discharges on the downstream receiving environment have been assessed and subject to the stormwater treatment will have no more than minor adverse effects. It is therefore concluded that the proposal is consistent with the objectives in policies above, including the requirement to remedy or mitigate adverse effects, and to avoid adverse effects of development on SNAs.

Archaeology/heritage

The ORPS contains policies which seek to allow subdivision, use and development, while avoiding, remedying or mitigating any adverse effects on natural and cultural heritage resources.

The PRPS contains policies relating to the management of historic and cultural heritage, and the need to recognise and provide for the relationship of tangata whenua and their culture and traditions with their ancestral lands, water, waahi tapu sites and other taonga.

The WDP, HCC ODP and HCC PDP all have policies which focus on retaining historic heritage and protecting archaeological sites from inappropriate subdivision, use and development.

As noted in the NOR AEE, the proposal is not expected to have any adverse effects on archaeological resources. In the event that anything is uncovered during construction, there are conditions of consent to ensure that appropriate processes are followed to avoid, remedy or mitigate potential effects.

Hazardous substances

The ORPS contains policies regarding the storage, transport and use of hazardous substances in a way that avoids adverse effects from unintentional releases (refer section 3.10.3).

The policy framework in the WDP focuses on ensuring human health and the environment are not harmed by the use or development of contaminated land, remediation of contaminated land to ensure it is suitable for the proposed use, and avoiding further adverse effects on human health or on the environment from the disposal of contaminated material (refer objective 9.2.1).

The HCC ODP includes a policy that encourages the use of contaminated and suspected contaminated sites in a manner that avoids, remedies or mitigates potential adverse environmental effects, including effects on human health (refer objective 6.6.1).

As discussed under point 2 in this letter, hazardous substances and contaminated sites will be managed through the Construction Management Plan, which requires the inclusion of procedures to be followed to minimise the risk of discharging any hazardous materials as the first priority, and to deal with any discharge that does occur. It is therefore considered that the proposal is consistent with the objectives and policies above.

38. Refer below for consideration of the documents identified. This information is not required in terms of the s92 request, but has been asked for in addition to that request.

Waikato Tainui Environmental Management Plan

The Waikato-Tainui Environment Plan, Tai Tumu Tai Pari Tai Ao (“Waikato-Tainui EP”) outlines an expectation that all people who use the Waikato River consult with the Plan when considering activities in respect of the Waikato River.

Waikato-Tainui consider that the Waikato-Tainui EP is a matter that the consent authority must have regard when considering these applications.

Section C of the Waikato-Tainui EP sets out issues, objectives, policies and methods associated with natural resources and environmental management. The mitigation measures proposed are considered sufficient to ensure that the relevant objectives and policies are given regard as required under s171(1)(d) of the RMA. In particular, the Project incorporates measures to:

develop site management protocols with the TWWG (in conjunction with

Heritage New Zealand processes) to manage the potential for waahi tapu

discovery (Objective 16.3.1);

identify procedures to be followed if taonga and archaeological sites are

discovered during the construction works (Objective 16.3.4);

treat water to a high standard, therefore consistent with Objective 19.4.2; and

manage discharges to air in association with the construction of the Project.

Further to the above, the development of the Project has been in partnership with Waikato-Tainui (through the TWWG) (Objective 26.3.1.1). Overall, the Project is considered to be consistent with the Waikato Tainui EP.

Waikato District Growth Strategy

The Waikato District Growth Strategy (March 2009) further develops the growth principles established in Future Proof as they relate to Waikato District. Growth is to be anchored in the existing townships and larger villages.

The strategy expects the development of the Expressway will allow the revitalisation of by-passed towns including Huntly and Ngaruawahia. The strategy has general regard to the Expressway rather than the specific Ruakura NOR, but the Ruakura NOR is not contrary to anything within the strategy.

Hamilton Urban Growth Strategy

Hamilton Urban Growth Strategy (April 2010) is HCC’s spatial vision for the city and outlines a broad strategic approach to growth within the city. The strategy primarily focuses on how development within the city will be prioritised, and includes identification of the Rototuna area as the current primary area for residential growth, with high growth anticipated in the Ruakura area beginning with an innovation precinct around the existing Innovation Park.

The Ruakura NOR, which will provide for connections with the Ruakura Development area, is therefore considered to be in accordance with the Hamilton Urban Growth Strategy.

Waikato Regional Land Transport Programme 2012/13 – 2014/15

The Waikato Regional Land Transport Programme 2012-2015 (RLTP) is a statutory document prepared under the Land Transport Management Act 2003. The Regional Transport Committee is required to prepare and approve the RLTP every three years, the purpose of which is to prioritise land transport activities in the Waikato region for submission to the Agency for inclusion in the National Land Transport Programme and subsequent funding subsidy. The programme contributes to the desired transport outcomes identified in the operative Waikato RLTP and the outcomes, objectives and impacts identified in the Government Policy Statement on Land Transport Funding 2012/13 – 2021/22.

The RLTP states that the Waikato Expressway has been the highest priority transport package within the Waikato region for the last 15 years and is one of seven Roads of National Significance identified by the NZ Government. The NOR is therefore consistent with the RLTP.

Yours sincerely

Craig McKibbin

Senior Planner

Appendix 1 - Select Link Model Outputs

ruakura interchange nor - response to further information

Documents