Decision on an application for resource consent under the Resource Management Act 1991
Restricted discretionary activity
Application numbers:
DIS60321180
LUC60321146
Applicant: City Rail Link Limited
Site address: Rail Corridor
Legal description:
Ngaoho Carpark (20 Quay Street)
Pt Lot 1 DP 174759 (Rail Corridor)
Pt Lot 3 DP 160832 (Rail Corridor)
Lot 25 DP 189961
Proposal:
To allow for a new crossover closer to the stabling yard, so that trains on the Up Main are able to cross the Down Main directly into the stabling yard. This results in increased efficiency and safety as it avoids the need for trains needing cross onto the wrong track during peak operating hours as is currently required.
The applicant is proposing undertake the following works on the subject site:
- Realignment and modification of approximately 140m of track to allow a rail crossover. This includes modifications to the rail pavement and OHLE;
- Modifications to the drainage including the addition of a proposed section of channel and cess drain;
- Construction of a new minor retaining wall (approximately 0.75m in height and 19m in length); and
- Associated earthworks estimated at 1,125m3 (comprised of approximately 825m3 of spoil removal and approximately 300m3 of new material imported to site).
The resource consents required are:
Discharge consent (s15) – DIS60321180
Auckland Unitary Plan (Operative in Part) (AUP (OP))
Contaminated Land
• Discharges of contaminants into air, or into water, or onto or into land not meeting controlled activity Standard E30.6.2.1 under Activity Table E30.4.1(A7)
National Environmental Standard (Soil) – LUC60321146
• Regulation 11 – Disturbance on a piece of land described in regulation 5(7) or (8) that is not a permitted activity, controlled activity, or restricted discretionary activity – Discretionary activity.
Decision
I have read the application, supporting documents, and the report and recommendations on the application for resource consents. I am satisfied that I have sufficient information to consider the matters required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on the application.
Acting under delegated authority, under sections 104, 104B and Part 2 of the RMA, the application is GRANTED
1. Reasons
The reasons for this decision are:
1. In accordance with an assessment under ss104(1)(a) and (ab) of the RMA the actual and potential effects from the proposal will be avoided and /or mitigated as:
a. Erosion and sediment control measures of a suitable scale and design will be implemented which will limit the potential for erosion to occur and suitably control and contain any sediment runoff.
b. A Contaminated Land Management Plan (CLMP) has been developed for works encountering contaminants. With the implementation of the CLMP, including site specific management measures by the appointed contractor, and if required an Asbestos Management Plan, and a Site Closure Report, the potential adverse effects on human health and receiving environment from the construction works will be less than minor.
c. In terms of positive effects, the project will enable the efficient operation of the rail network.
d. With reference to s104(1)(ab), there are no specific offsetting or environmental compensation measures proposed or agreed to by the applicant to ensure positive effects on the environment
2. In accordance with an assessment under s104(1)(b) of the RMA the proposal is consistent with the relevant statutory documents. In particular, regional policy statement and Chapter E30 ‘Contaminated Land’ of the Auckland Unitary Plan (Operative in Part) for the following reasons:
a. Chapter B of the AUP contains the regional policy statement provision, Issue 7 (natural resources) is on relevant to the Project. Policy B7.4.2 (1) seeks to ensure an integrated management approach is adopted in relation to the effects associated with water quality. Specifically, policy B7.4.2 (7) and B7.4.2 (8) seek to manage and minimise the discharge of contaminants and sediment from development. Objective B7.5.1(3) seeks to ensure that adverse effects on human health, property and the environment from use and development that discharge contaminants into air are avoided, remedied or
mitigated. The management measures proposed demonstrate consistency with the policy direction of Issue 7.
b. Discharge of contaminants into air, water or land will be consistent with the objective and supporting policies at E30.2 and E30.3 as the effects on the receiving environment will be appropriately managed/mitigated through implementation of the CLMP and the sensitivity of the receiving environment to the adverse effects of the discharge will not be compromised given the level of the discharge, the application of suitable control technology and appropriate on-site management techniques.
3. In accordance with an assessment under s104(1)(c) of the RMA no other matters are considered relevant.
4. This proposal achieves the sustainable management purpose of the RMA under Part 2 because the project will improve the Auckland rail network; a critical piece of infrastructure for the economic and social well-being of Auckland.
2. Conditions
Under section 108 of the RMA, these consents are subject to the following conditions:
General Application Documents
1. The consented development shall be carried out in general accordance with the drawings and plans and all information submitted with the application, detailed below, and all referenced by Auckland Council as consent numberBUN60321145:
a. Application form and Assessment of Environmental Effects, prepared by Aurecon New Zealand Limited, reference CRL-SRD-RME-000-RPT-0105, revision B, dated 25 May 2018.
b. Certificates of Title
c. Design and Construction Memo, CRL-SRD-RME-000-MEM-0001, prepared by Rob French, dated 24 May 2018
d. Erosion and Sediment Control Plan CRL-SRD-RME-000-PLN-0113 Rev C, prepared by J Gribble, dated 24 May 2018
e. Preliminary Site Investigation CRL-SRD-GEO-000-RPT-0001 Rev 1, prepared by N Simpson, dated 6 April 2018
f. Contaminated Site Management Plan CRL-SRD-GEO-000-PLN-0001 Rev 1, prepared by N Simpson, dated 11 May 2018
g. Plans as detailed below:
Drawing No. Title Prepared by Dated
CRL-SRD-ALI000-DRG-0102-A Alignment Plan and Long Section – NBL UP Main (MC01) B. Ryder 15.03.18
CRL-SRD-ALI000-DRG-0103-A Alignment Plan and Long Section – NBL Down Main (MC02)
CRL-SRD-ALI000-DRG-0201-A Turnout Setout Plan
CRL-SRD-CIV000-DRG-0002-A
CRL-SRD-CIV000-DRG-0005-A
CRL-SRD-CIV000-DRG-0007-A
CRL-SRD-DRN000-DRG-0001-C Drawing Index and Cover Sheet
CRL-SRD-DRN000-DRG-0002-C Drainage Index, Notes and Specifications
CRL-SRD-DRN000-DRG-0003-C
CRL-SRD-DRN000-DRG-0004-C Drainage
CRL-SRD-DRN000-DRG-0005-B
CRL-SRD-STR000-DRG-0001-C Foundation Details OHLE NBL/002/20A Plan and Sections
CRL-SRD-STR000-DRG-1301-B Strand Retaining Wall Location Plan and Drawing Index
CRL-SRD-STR000-DRG-1311-B
CRL-SRD-STR000-DRG-1321-A
CRL-SRD-SYS000-DRG-0002-C
Strand Retaining Wall General Notes
Strand Retaining Wall Plan and Elevation
Strand Crossover OHLE Layout Plan Sheet 2 of 2
CRL-SRD-UTI000_DRG-0001-C Drawing Index and Cover Sheet
CRL-SRD-UTI000-DRG-0002-C Utilities Index, Notes and Specifications
CRL-SRD-UTI000-DRG-0003-C Existing Utilities
CRL-SRD-UTI000-DRG-0004-C
CRL-WID-CONRIC-DRG-000451
CRL-WID-CONRIC-DRG-000452
CRL-WID-CONRIC-DRG-000453
CRL-WID-CONRIC-DRG-000454
Consent Lapse
Stage 1 & 2 (UM Initial Works)
Stage 3 (UM Final Works)
Stage 1 & 2 (DM Initial Works)
Stage 3 (DM Initial Works)
Rail Infrastructure Consultants NZ 08-02-2018
Rail Infrastructure Consultants NZ 08-02-2018
Rail Infrastructure Consultants NZ 08-02-2018
Rail Infrastructure Consultants NZ 08-02-2018
2. Under section 125 of the RMA, this consent shall lapse five years after the date it is granted unless:
a. The consent is given effect to; or
b. The council extends the period after which the consent lapses.
Consent Expiry
3. Pursuant to section 123 (b) of the RMA, the consents shall expire on 31 December 2028 unless they have been surrendered or cancelled at an earlier date pursuant to the RMA.
Monitoring Fee
4. The consent holder shall pay the council an initial consent compliance monitoring charge of $1,000 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent.
Advice note:
The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, monitoring of conditions, in excess of those covered by the deposit, shall be charged at the relevant hourly rate applicable at the time. The consent holder will be advised of the further monitoring charge. Only after all conditions of the resource consent have been met, will the council issue a letter confirming compliance on request of the consent holder.
Pre-Start Meeting
5. The Team Leader, Compliance Monitoring Central, Licensing & Regulatory Compliance, Auckland Council (the Team Leader), and the nominated CRL Compliance and Monitoring Officer shall be informed, in writing, at least ten working days prior to the start date of the works authorised by this consent. Prior to the commencement of the works, the consent holder shall arrange a pre-construction meeting to include the council (including the compliance monitoring advisor) and the site contractor.
(a) The meeting shall be located on the subject site unless otherwise agreed;
(b) The meeting shall be scheduled no less than five days before the anticipated
commencement of works; and
(c) The following information shall be made available by the consent holder at the preconstruction meeting:
i. Conditions of consent; and
ii. The ESCP referenced in Condition 1d and the certified CLMP prepared under Condition 9.
Advice Note:
To arrange the pre-start meeting required by condition 5 please contact the Team Leader, Compliance Monitoring Central at monitoring@aucklandcouncil.govt.nz or 09 301 01 01. The conditions of consent should be discussed at this meeting. All additional information required by the council should be provided two days prior to the meeting.
Earthworks Conditions (Consent LUC60321146)
6. The consent holder shall manage all soil disturbance works to minimise any discharge of dust, debris, soil, silt, sediment or sediment-laden water from the subject site to either land, stormwater systems or the receiving environment in accordance with the Erosion and Sediment Control Plan (ESCP) referenced in condition 1d
Should any material changes be made to the ESCP, the plan shall be resubmitted to council (Team Leader Central Monitoring) for certification prior to the changes being implemented.
7. The operational effectiveness and efficiency of all erosion and sediment control measures (including those contained in the ESCP) shall be maintained throughout the duration of the earthworks, or until the project site is permanently stabilised against erosion.
8. The consent holder shall ensure that all material removed from or delivered to the Project site shall be covered during transportation.
Contaminated Land – NES and REG Conditions (Consent LUC60321146 and DIS60321180)
9. The Contaminated Site Management Plan referenced in Condition 1f shall be updated to reflect the conditions of this consent and incorporate the following items and shall be provided to the Team Leader Compliance Monitoring Central, Licensing and Regulatory Compliance, Auckland Council for certification at least ten (10) working days prior to any land disturbance works commencing on site:
a. The confirmed construction methodology and details of the works in Section 1;
b. All construction roles and contact information, including the Class A/B Asbestos Removalist (if required by the Asbestos Removal and Management Plan under Condition 16), in Sections 2 and 3.2;
c. The detail of decontamination measures, site establishment procedures, procedures for the importation and disposal of fill, management of perched groundwater and stockpiling, contingency procedures as required by Condition 11, and emergency management in Section 3;
d. Site specific Health and Safety measures in Section 4 including:
i. Training and induction of staff regarding contamination risks;
ii. The requirement for a Job Hazards Analysis:
iii. PPE requirements and more detail relating these to likely exposure pathways;
iv. Any relevant matters from Appendix F of the Draft CSMP.
The CSMP shall continue to be prepared in accordance with the Good Practice Guide for Assessing and Managing Dust (Ministry for the Environment, 2016)
10. All disturbance of contaminated and potentially contaminated soil shall be managed to minimise any discharge of dust, debris, soil, silt sediment or sediment laden water beyond the site and shall be undertaken in accordance with the certified CSMP.
Following certification, should any material changes made to the CSMP, the plan shall be resubmitted to council (Team Leader Central Monitoring) for certification prior to the changes being implemented.
11. Where contamination that has not been anticipated by the application is identified, works in the area containing the unexpected contamination shall cease and be notified to the Team Leader Compliance Monitoring Central, Licensing and Regulatory Compliance, Auckland Council. Relevant contingency procedures outlined in the updated Contaminated Site Management Plan referenced in Condition 9 shall be implemented. Works shall not recommence until confirmation has been received from the Team Leader Compliance Monitoring Central, Licensing and Regulatory Compliance, Auckland Council that disturbance of the unexpected contamination is within the scope of this consent. Any unexpected contamination and contingency measures shall be overseen by a suitably qualified contaminated land practitioner and documented in the Site Completion Report required by Condition 22
Advice Note:
Any unexpected contamination may include contaminated soil, perched water, groundwater, underground tanks, or asbestos containing materials. The consent holder is advised that where unexpected contamination is significantly different in extent and concentration from that anticipated in the original site investigations, handling the contamination may be outside the scope of this consent.
Advice should be sought from the Team Leader Compliance Monitoring Central, Licensing and Regulatory Compliance, Auckland Council prior to carrying out any further work in the area of the unexpected contamination to ensure this is within scope of this consent.
12. Contaminated soils and/or fill material, once identified for off-site disposal shall be loaded into trucks and shall be covered during transportation off site as soon as can be managed, within 24hrs from disturbance. All soil removed from the land disturbance works area shall be deposited at a disposal site that holds a consent to accept the relevant level of contamination.
13. All imported fill shall:
a) Comply with the definition of ‘Cleanfill material', as per the definition set out in the Auckland Unitary Plan (Operative in Part); and
b) Be solid material of an inert nature; and
c) Not contain hazardous substances or contaminants above natural background levels of the receiving site.
14. All imported fill shall originate from:
a) A site which has been determined by a suitably qualified and experienced contaminated land practitioner to have had no known history of potentially contaminating activities, as detailed on the Ministry for the Environment’s Hazardous Activities and Industries List (HAIL); or
b) A site which has been adequately investigated by a Suitably Qualified Contaminated Land Professional, in accordance with Contaminated Land Management Guidelines No.5 Site Investigation and Analysis of Soils, (Ministry for the Environment, revised 2011) to meet the ‘Cleanfill material’ definition as prescribed in the Auckland Unitary Plan (Operative in Part).
Advice Note:
Background levels for the Auckland Region can be found in the technical publication TP153, Background concentrations of inorganic elements in soils from the Auckland Region, Auckland Regional Council (2001). Under the AUP (OP) Definitions, Cleanfill material cannot contain more than 5% by volume of inert manufactured materials (e.g. concrete, brick, tiles).
15. All sampling and testing of contamination on the site, shall be overseen by a suitably qualified and experienced contaminated land practitioner and/or a licensed asbestos assessor. All sampling shall be undertaken in accordance with Contaminated Land Management Guidelines, No.5 Site Investigation and Analysis of Soils, Ministry for the Environment (revised 2011) and/or the BRANZ New Zealand Guidelines for Assessing and Managing Asbestos in Soil (2017).
Advice Note:
All testing and analysis should be undertaken in a laboratory with suitable experience and ability to carry out the analysis. For more details on how to confirm the suitability of the laboratory please refer to Section 4: Laboratory Analysis of the Contaminated Land Management Guidelines No.5: Site Investigation and Analysis of Soils.
Contaminated Land – NES Specific Conditions (Consent LUC60321146)
16. Unless prior sampling and testing of contamination undertaken on the site in accordance with Condition 15 identifies that asbestos is not present, then at least ten (10) working days prior to commencement of any land disturbance on site, the consent holder shall submit an Asbestos Removal and Management Plan to the Team Leader Compliance Monitoring Central, Licensing & Regulatory Compliance, Auckland Council for certification. Management methods (including monitoring) specified in the Asbestos Removal and Management Plan shall be commensurate with the type and level of asbestos contamination likely to be present on site, including any
asbestos contamination identified by prior sampling and testing.
17. In certifying the Asbestos Removal and Management Plan, the Team Leader shall also be satisfied that it:
a. Contains sufficient detail to address the Human Health matters of Condition 9d (and can be provided as evidence to satisfy this condition),
b. Specifies that, where required, a licensed asbestos assessor shall carry out active asbestos fibre monitoring prior to and during the confirmed earthworks construction methodology;
c. Demonstrates compliance with the provisions of the Health and Safety at Work (Asbestos) Regulations 2016 and the Management and Removal of AsbestosApproved Code of Practice (WorkSafe, Amended December 2016);
d. Includes all construction roles and contact information, including the Class A/B Asbestos Removalist.
18. If there are any exceedances of the asbestos trigger level of 0.01 fibres/ml, the consent holder shall immediately investigate the cause, and put in relevant controls and actions to prevent exposure and further fibre release. These controls and actions shall be documented. If there is an exceedance of the asbestos trigger level of 0.02 fibres/ml, the consent holder shall immediately cease any earthworks and notify the Team Leader Compliance Monitoring Central, Licensing & Regulatory Compliance, Auckland Council and agree on corrective actions to recommence the works.
Advice Note:
If you are demolishing any building that may have asbestos containing materials (ACM) in it:
• You have obligations under the relevant regulations for the management and removal of asbestos, including the need to engage a Competent Asbestos Surveyor to confirm the presence or absence of any ACM.
• Work may have to be carried out under the control of person holding a WorkSafe NZ Certificate of Competence (CoC) for restricted works.
• If any ACM is found, removal or demolition will have to meet the Health and Safety at Work (Asbestos) Regulations 2016.
• Information on asbestos containing materials and your obligations can be found at www.worksafe.govt.nz
If ACM is found on site following the demolition or removal of the existing buildings, you may be required to further remediate the site and carry out validation sampling. Dependent on the amount of soil disturbance, a further consent application may be required.
Contaminated Land – REG Specific Conditions (Consent DIS60321180)
19. Stockpiling of the excavated material shall be avoided where practicable.
If required, temporary stockpiles of material free from separate phase hydrocarbons or odorous petroleum hydrocarbons shall be located on an impermeable surface within an area protected by erosion and sediment controls and be covered with tarpaulins anchored at the edges outside working hours and during periods of heavy rain.
Stockpiling of material containing separate phase hydrocarbons or odorous petroleum hydrocarbons shall not take place.
20. Any perched groundwater, or surface run-off water encountered within the excavation area requiring removal shall be considered potentially contaminated, and shall either:
a. Be disposed of by a licenced liquid waste contractor; or
b. Pumped to sewer, providing the relevant permits are obtained; or
c. Discharged to the stormwater system or surface waters provided testing demonstrates compliance with the Australian and New Zealand Environment Conservation Council (ANZECC) Guidelines for Fresh and Marine Water Quality (2000) for the protection of 80 percent of freshwater species, with the exception of benzene where the 95 percent protection level shall apply.
Following Completion of Construction – All Consents
Post Works Notification
21. The consent holder shall inform the Team Leader, Compliance Monitoring Central, in writing, upon the completion of the works.
22. Within three months of the completion of the proposed land disturbance works on site, a Site Closure Report (SCR) shall be provided to the Team Leader Compliance Monitoring, Central, Licensing and Regulatory Compliance, Resource Consents, Auckland Council for review. The SCR shall be prepared by a suitably qualified and experienced contaminated land practitioner and contain sufficient detail to address the following matters:
a. A summary of the land disturbance works undertaken, including copies of the disposal dockets for the material removed from the site and receipts for any cleanfill material imported onto the site and a statement confirming whether the land disturbance works have been completed in accordance with the certified CSMP and ESCP and documentation of the works being undertaken in compliance with the requirements of Conditions 12 -20;
b. Documentation of any unexpected contamination encountered during the works and response actions (if any) in accordance with Condition 11 and a summary of the unexpected contaminated material sampling (if any), tabulated analytical results, and interpretation of the results in the context of the Contaminated Land Rules of the Auckland Unitary Plan (Operative in Part) and the NES:CS;
c. Details regarding any complaints and/or breaches of the procedures set out in the certified Contaminated Site Management Plan referenced in Condition 9, and the conditions of this consent.
Advice notes – All Consents
1. Any reference to number of days within this decision refers to working days as defined in s2 of
2. For more information on the resource consent process with Auckland Council see the council’s website www.aucklandcouncil.govt.nz. General information on resource consents, including making an application to vary or cancel consent conditions can be found on the Ministry for the Environment’s website: www.mfe.govt.nz.
3. The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007 and the Health and Safety in Employment Act 1992), regulations, relevant Bylaws, and rules of law. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004.
4. The initial monitoring charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files etc., all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, inspections, in excess of those covered by the base fee paid, shall be charged at the relevant hourly rate applicable at the time. The consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice. Only after all conditions of the resource consent have been met, will Council issue a letter confirming compliance on request of the consent holder.
5. If you disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application you have a right of objection pursuant to sections 357A or 357B of the RMA. Any objection must be made in writing to Council within 15 working days of notification of the decision.
Greg Hill Duty Commissioner
7 September 2018.