Appendix S: Conditions for Land Use Consent for Earthworks/ Roading and Tracking – Consent Number 34711 and Discharge of Contaminants Permit – Consent Number 34712
General
1. The consent holder shall be responsible for all contracted operations relating to the exercise of this resource consent, and shall ensure that all personnel working on the site are made aware of the conditions of this resource consent and the Construction Management Plan and Erosion and Sediment Control Plan required under this consent, and shall ensure compliance with those conditions.
2. A copy of this resource consent shall be available to contractors undertaking the works at all times that physical works authorised by this consent are being undertaken, and shall be produced without unreasonable delay upon request from a servant or agent of the Auckland Regional Council (ARC).
3. The consent holder shall appoint one or more representatives prior to the exercise of this resource consent, who shall be the Auckland Regional Council’s principal contact person(s) in regard to the construction works. At least 10 days prior to the works authorised by this consent, the consent holder shall inform the Manager1 of the representatives’ names and how they can be contacted within the works period. Should the person(s) appointed as representative(s) change during the works period, the consent holder shall immediately inform the Manager and shall also give written notice to the Manager of the new representatives’ names and how they can be contacted.
Construction Management Plan (CMP)
4. . A Construction Management Plan shall be prepared and have the purpose of ensuring that the activities within consent number 34711 and 34712, are managed in an integrated and effective manner, and in accordance with the conditions of consent. The Construction Management Plan shall outline the consent holder’s intended approach to (as appropriate):
- storage and reuse of top soil;
- management and disposal of spoil;
- silt and dust control during earthwork stages;
- temporary activities and equipment storage in specified areas;
- water quality management;
- security and lighting during construction;
- any contaminated land management procedures;
- construction noise, dust and vibration;
- hours of work;
- existing network utilities protocols and guidelines;
- cultural and archaeological protocols (including discovery protocols);
- land stability management and water quality and sediment controls;
- geotechnical investigation techniques and management;
- vegetation clearance, disposal and restoration;
- community information and liaison procedures (including with landowners with regard to stock disturbance and effects on farm operations);
- landowner liaison, including means of access by consent authority representatives during the construction stage;
- quality assurance/quality control;
- engineering design details;
- detailed construction methods;
- an intended construction timetable (including staging if relevant);
- traffic management and property access management;
- contractor training;
- generic contents of Site Works Plans (SWPs);
- an outline of procedures to be followed onsite to ensure compliance with consent conditions, rules in Regional and District Plans, legislation and regulations; and
- methodology and approval procedures for making changes to the Construction Management Plan.
5. The Construction Management Plan shall be submitted for the written approval of the Manager, acting in a technical certification capacity. The works authorised by this consent shall not be commenced prior to such approval of the Construction Management Plan.
6. Any changes to the Construction Management Plan shall be made in accordance with the methodology and approved procedures in that plan, and shall be confirmed in writing by the consent holder following consultation with the Manager before implementation.
7. The consent holder shall carry out all operations in general accordance with the provisions of the approved Construction Management Plan, and any subsequent changes.
Earthworks, erosion and sediment control
8. The consent holder shall submit an Erosion and Sediment Control Plan which is consistent with the Construction Management Plan required in condition 4, for the written approval of the Manager acting in a technical certification capacity, prior to the start of the earthworks authorised by this resource consent. This shall be submitted at least 20 working days prior to the activities authorised by this consent.
Information provided (as relevant) shall include:
(a) details of all principles, procedures and practices that will be implemented to undertaken erosion and sediment control to minimise the potential for sediment discharge from the site;
(b) the design criteria and dimensions of typical erosion and sediment control structures;
(c) construction timetable for the erosion and sediment control works and any bulk earthworks involved;
(d) timetable and nature of progressive site rehabilitation and
re-vegetation proposed;
(e) maintenance, monitoring and reporting procedures;
(f) rainfall response and contingency measures including procedures to minimise adverse effects in the event of extreme rainfall events and/or the failure of any key erosion and sediment control structures;
(g) procedures and timing for review and/or amendment to the Erosion and Sediment Control Plan; and,
(h) identification and contact details of personnel responsible for the operation and maintenance of all key erosion and sediment control activities.
9. Erosion and sediment control measures shall be constructed and maintained in general accordance with TP90,2 except where a higher standard is detailed in that document, in which case this higher standard shall apply.
10. No works shall commence until the relevant Erosion and Sediment Control Plan required by condition 8 has been approved in writing by the Manager, acting in a technical certification capacity, and the following additional details have been provided for each site or group of sites and approved by the Manager:
A site plan of a suitable scale to identify:
- the locations of any waterways;
- the extent of earthworks and vegetation removal;
- any ‘no-go’ and/or buffer areas to be maintained undisturbed adjacent to watercourses;
- all key erosion and sediment control structures;
- the boundaries and area of catchments contributing to all stormwater impoundment structures;
- the locations of all specific points of discharge to the environment; and
- any other relevant site information.
Construction activities
11. The consent holder shall provide the Manager with an updated schedule of construction activities, completed in the previous month and intended for the following month, at the end of each month during the duration of the works.
Stabilisation
12. The works shall be stabilised against erosion as soon as practicable and in a progressive manner as earthworks are finished over the various sites covered by the consent.
13. Before the end of each working day, the consent holder shall ensure that all excavated material is contained and stable in a safe manner.
Contaminant management
14. No disturbed soil or debris or other material shall be deposited or placed in a position where it may enter any water body or cause diversion, damming or erosion of any waterway.
15. All machinery shall be operated in a manner which ensures that spillages of fuel, oil and similar contaminants are avoided, particularly during refuelling and machinery servicing and maintenance. Refuelling and lubrication activities shall be carried out away from any water body such that any accidental spillage can be contained.
16. The consent holder shall notify the Auckland Regional Council as soon as is practicable, and as a minimum requirement within 12 hours, of the consent holder becoming aware of a spill of hazardous materials, fuel, oil, hydraulic fluid or other similar contaminants. The consent holder shall, within seven days of the incident occurring, provide a written report to the Auckland Regional Council, identifying the possible causes, steps undertaken to remedy the effects of the incident and any additional measures that will be undertaken to avoid future spills.
Dust emissions
17. All activities undertaken on-site shall be conducted and managed in a manner that ensures that all dust emissions are kept to a practicable minimum and in accordance with the provisions of the Construction Management Plan.
Archaeological sites
18. The consent holder shall protect and manage archaeological sites in a manner consistent with the application documentation and the provisions of the Construction Management Plan, as follows:
Known archaeological sites
(a) All relevant known archaeological sites have been identified in the evidence of Mr Brent Druskovich presented to the Board of Inquiry, dated 31 January 2008 and 8 May 2008.
Unknown archaeological sites
(b) In the event of archaeological evidence being uncovered (eg, shell, midden, hangi or oven pit depressions, defensive ditches, artefactual material or human bones), work is to cease in the vicinity of the discovery and a suitably qualified archaeologist is to be contacted so that appropriate action can be taken before work can recommence at the discovery site.
Wāhi tapu
19. Any wāhi tapu that is reasonably expected to be impacted by works associated with this consent is to be addressed in accordance with the document entitled Transpower North Island Grid Upgrade Project Draft Protocol for Dealing with Kōiwi or Taonga Unearthed during Construction and the Discovery of Sites of Significance, Wāhi Tapu, Heritage Sites and Archaeological Sites, or its subsequent version.
Cessation of work
20. Should the consent holder cease or abandon work on-site, it shall first take adequate preventative and remedial measures to control sediment discharge, and shall thereafter maintain these measures for so long as necessary to prevent sediment discharge from the site. All such measures shall be of a type, and to a standard, which are to the satisfaction of the Manager.
Note: This condition does not apply to normal staged work at any work site.
Works completion
21. The consent holder shall ensure those areas of each site where earthworks activities have been completed are stabilised against erosion as necessary as soon as practicable after completion. Stabilisation shall be undertaken by providing adequate measures (vegetative and/or structural and which may include metalling, tillage, hydroseeding, revegetating and mulching or other appropriate method) that will minimise erosion of exposed soil.
22. The consent holder shall ensure that all clean water runoff from stabilised surfaces including catchment areas above and around each site shall be diverted away from the foundation area, and that the surface drainage incorporates adequate protection against erosion.
Site-specific conditions
23. Any bulk earthworks in the vicinity of towers number 9, 14, 16A and 16B shall not be undertaken during the period of 1 May to 30 September inclusive of any year, unless approved in writing by the Manager.
Review condition
24. The conditions of this consent may be reviewed by the Auckland Regional Council pursuant to section 128 of the Resource Management Act 1991, by the giving of notice pursuant to section 129 of the Act, in December 2009 and every year thereafter.
(a) To deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or
(b) To deal with any other adverse effect on the environment on which the exercise of the consent may have an influence.
Advice notes:
- It is expected that the works will be completed by December 2013.
- That all relevant conditions should be referred to within the contract documents.
- The consent holder is advised that it will be required to pay to Auckland Regional Council any administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991, or any additional charge required pursuant to section 36(3) of the Resource Management Act 1991 in respect of this consent.
- The consent holder is referred to section 124 of the Resource Management Act 1991, which provides for the exercising of a consent while applying for a new consent for the same activity.
- The Auckland Regional Council has the power for its officers or agents to access the work site at all reasonable times for the purpose of carrying out inspections, surveys, investigations, tests, measurements or taking samples.
1. Manager for the purpose of this consent means the Manager, Sediment Consents and Consents Compliance, ARC (or nominated ARC staff acting on the Manager's behalf).
2. ARC Technical Publication No 90, Erosion and Sediment Control Guidelines for Land Disturbing Activities in the Auckland Region, March 1999.
