Research Relating to the Management of Earthworks

Transcription

1 Research Relating to the Management of Earthworks Prepared for Queenstown Lakes District Council 24 April 2012

2 Document Quality Assurance Bibliographic reference for citation: Research relating to the Management of Earthworks Report prepared by Boffa Miskell Limited and Vision Planning Limited for Queenstown Lakes District Council. Prepared by: Claire Kelly Planner Boffa Miskell Ltd Vicki Jones Director Vision Planning Limited Reviewed by: Vicki Jones Director Vision Planning Limited Status: FINAL DRAFT Revision / version: [1] Issue date: 24 April 2012

3 1.0 INTRODUCTION As part of the review of the Queenstown District Plan (QLDP), Vision Planning Limited and Boffa Miskell Limited have been engaged by Queenstown Lakes District Council to undertake research on district plan provisions relating to earthworks. The overall objectives of the research were: 1. To compare how the existing Queenstown Lakes District Plan manages earthworks compared to other districts with similar topography and rainfall; and 2. To consider current practice based on case studies of 10 active construction sites 3. To examine whether the existing rules relating to earthworks can be refined, simplified and streamlined to improve their effectiveness and efficiency whilst managing adverse environmental effects. 1.1 Project Deliverables The research and consequently this report have been split into 3 parts as follows: Case studies of 5 other comparable District Plans in respect of how they manage earthworks. Case studies of 10 active construction sites within the Queenstown Lakes District. Suggested improvements to the Queenstown Lakes District Plan provisions. 2.0 BACKGROUND When the Proposed District Plan was notified in 1995, it only contained earthwork provisions in Rural General Zone. This led to the Council initiating Variation 8 Earthworks: the purpose of that variation was to include provisions in the Plan that would enable greater control over the effects of earthworks in both rural living and urban areas so that the following adverse environmental effects could be avoided, remedied or mitigated: Visual effects through changing the form and nature of landscapes; Nuisance effects, including dust and noise; Effects on water quality resulting from silt and sediment run-off; Effects on land stability; earthworks on steep slopes can exacerbate erosion and undermine neighbouring sites; Changes in natural ground level, so that determining building height within urban and rural areas becomes difficult; The deposition of fill; changing the form and nature of the landscape, blocking views and changing natural drainage patterns. Effects on archaeological and heritage values1 1 It is noted that whilst the Section 32 report did not specifically mention this issue, rules were subsequently included in the Variation in order to ensure such matters were addressed 3

4 A discussion document and section 32 Report were produced: however the section 32 report did not provide any specific justification for the actual thresholds adopted. The variation was publicly notified for comment on 20 October 2001 and was made operative by consent order in March Since Variation 8 became operative, further earthworks provisions have been inserted as part of Plan Changes; both public and private. The objectives and policies relating to earthworks in Section 4 of the QLDP appear to remain relevant and valid. Parts one and three of this report provide summaries of the range of existing rules relating to earthworks in the Queenstown Lakes District Plan. The summary shows that the QLDP now contains a wide range of rules relating to earthworks, which do not always appear to be consistent, related to the type of environment found in a particular zone, or related to environmental effects. For example some urban zones, such as the Queenstown Airport Mixed Use Zone, do not have any rules relating to earthworks, whereas other urban zones such as the nearby Low Density Residential Zone, does contain limits. Earthworks rules are also not related to site area or site slope, which can be a key determinant in assessing how much run-off and siltation will occur during heavy rainfall. The Council is aware that most buildings require earthworks consent, yet no earthworks applications are known to have been refused. It is understood that the Council will be undertaking more detailed monitoring of resource consents in order to establish figures on this topic. Furthermore, the Council is understood to be concerned about the efficiency of requiring earthworks consents for dwellings which are otherwise permitted (i.e. in the Low Density Residential (LDR) Zone).

5 3.0 CASE STUDIES OF OTHER DISTRICT PLANS The first part of the research involved the selection of 5 districts displaying a similar character to Queenstown Lakes in terms of meteorological, soil and topographical data. The following table compares the key characteristics of the various districts that were chosen with those of the Queenstown Lakes District. District Average Annual Rainfall 2 Soil Type 3 Topography Other Queenstown Lakes District Plan 913mm Brown Soil: occur in places where summer drought is uncommon and which are not waterlogged in winter. Valleys with high jagged mountains, rocky bluffs, and tussock-covered slopes Significant development in recent years. Tourist and wine growing area. Napier City Plan 803mm Brown Soil and pumice: Sandy and gravelly Hilly Tourist area that also produces wine. Mainly chosen for its similar soils and rainfall. Wairarapa Combined District Plan 979mm Brown Soil and Ultic Soils are strongly weathered soils that have a well-structured, clay enriched subsoil horizon. Hilly This is a relatively new plan, so should reflect current practice. Predominately rural area. Nelson City Plan 970mm Brown Soil and Ultic Soils Flat areas close to the coast with more rugged country inland. A lot of development during recent years. Marlborough Sounds Resource Management Plan 655mm Brown Soil and Ultic Soils Valleys with steep sides and extensive ridgelines. A lot of development occurring on steep land close to the coast. Dunedin City Plan 812mm Brown Soil Gentle to rugged slopes with flat land close to the coast. Development occurs on often steep slopes, and the District has similar rainfall and soils to Queenstown. For each of the 5 Districts, the relevant District Plans were reviewed to find the zones mostly closely corresponding with those identified in the QLDP. A table has been prepared that provides a comprehensive breakdown of how each Plan manages earthworks within these zones. The Councils were also contacted to discuss the effectiveness of the earthwork controls in their District Plans, the use of other regulatory controls such as the Building Act, enforcement of permitted standards and the type of effects the Councils are trying to manage. 2 Figures obtained from NIWA. 3 Information obtained from Landcare Research 5

6 3.1 Basic Summary of Provisions In summary, the five District Plans selected were: Dunedin City Plan, Napier City Plan, Wairarapa Combined District Plan, Nelson Resource Management Plan and Marlborough Sounds Resource Management Plan. The review of these Plans revealed the following key points: Council Dunedin City Plan Summary of provisions Relatively simple standards: one set for the Rural Zone and one set for all other zones. Rural: 200m 3 on sites of 10ha or less and 20m 3 per ha on sites over 10ha. Urban: 100m 3 on sites of 2ha or less and 200m 3 on sites over 2ha. Specific provisions on protection of High Class Soils, landscapes and ground water protection. Napier City Plan Earthworks have the same status as the associated activity i.e. if subdivision is a controlled activity, then the associated earthworks are a controlled activity. If a residential unit is a permitted activity then associated earthworks are a permitted activity. Except that any earthworks that exceed a certain set of criteria i.e. is a cut on a slope greater than 22 degrees above horizontal then it becomes a restricted discretionary activity and requires a specialist geotechnical report and design criteria. Wairarapa Combined District Plan Nelson Resource Management Plan Earthworks are only managed in the Rural Zone for the purpose of protecting outstanding landscapes, water bodies, flood hazard and erosion hazard areas. The rules distinguish between soil disturbance as one activity and earthworks as a separate activity. Soil disturbance is managed according to slope of the site and Earthworks by the maximum height or depth of excavation or fill. There are a number of other controls over matters such as the purpose of the earthworks, protection of rivers and CMA, and re-vegetation of sites. Marlborough Sounds Resource Management Plan Earthworks are managed by volume of cut and/or fill as well as gradient of cut. Number of other controls over matters such as erosion of cut, run-off, stability of batters, ecology, archaeology and water quality. The Plan was quite deliberate in applying a stringent standard for earthworks given the topography of the region. However development in the main areas of Picton and Blenheim is on flat ground, where earthworks are not generally required. This Council is merging its RPS, Sounds Management Plan and Wairau/Awatere Resource Management Plan. 3.2 Discussion with Council Planners It is noted that none of the Councils use a bylaw to manage earthworks. The Wairarapa Combined District Plan, (which contains very limited earthworks rules), does clarify whether it relies on the Wellington Regional Plan. However, a quick check of the Regional Plan revealed it only appears to have rules to manage tracking on slopes and earthworks on erosion prone land.

7 Council Do you find otherwise permitted activities require consent for earthworks? Does this create efficiency issues? Does the Council rely on the BA to manage retaining walls? How does the Council enforce geotech requirements/environmental protection measures of permitted earthworks? Efficiency of rules in mitigating adverse effects? Reliance on other processes i.e. BA? What effects is the Council trying to mitigate? Napier City Plan Yes but not seen as a problem given the size of the City. Use 100m 2 as tipping point i.e. earthworks of greater volume require consent. Earthworks are often assessed as part of subdivision applications. Yes No standards for permitted activities. However, due to the size of the City, the Council receives calls from the public advising them of earthworks. Also the planner takes the time to look at sites especially where he knows earthworks are being undertaken and no consent has been applied for. Keeps a good relationship with contractors too. Rely on Code of Practice for Subdivision and Land Development based on New Zealand Standard 4404:2004 Land Development and Subdivision Engineering. This seems to cause the Council a few problems as the rules sit in a separate section of the Plan, and it is not easy to understand which parts of the Code apply i.e. some parts of the Code only apply to subdivision and large-scale development. Visual effects. Protection of the City s areas of significant vegetation, significant habitats of Indigenous fauna and high quality soils. Improve land utilisation Safeguard people and property from the adverse effects of erosion, falling debris, subsidence, slippage, and inundation. Otherwise, consented earthworks are monitored to ensure compliance with run-off mitigation measures. Masterton District Council/ Wairarapa Combined District Plan The Council were quite adamant that earthworks are not an issue. They rarely get applications for earthworks. Nelson City Plan Earthworks are noted in the Plan as being a regional and a district matter but are assessed as a regional matter. (PC25 intends to change this). Therefore, a person building a house that requires earthworks and infringes the front yard setback has to submit two applications: one for the land-use (setback infringement) and one for earthworks. Retaining walls over 1.5m in height require building consent. Retaining walls over 1.2m in height require land use consent. Environmental Inspections Ltd undertakes site inspections but this is when the Council has received a complaint. Resource consents have a monitoring condition. The Council receives a lot of consents but feel that the standards are the best method of controlling earthworks. Sediment and erosion control due to topography. Activities over fault lines, which require geotechnical input. The Council are very mindful of soil types, and can apply specific conditions according to soil type, especially on geotechnical engineering requirements. The applications are processed at the same time but treated as two distinct applications. The Council are happy with 7

8 Council Do you find otherwise permitted activities require consent for earthworks? Does this create efficiency issues? Does the Council rely on the BA to manage retaining walls? How does the Council enforce geotech requirements/environmental protection measures of permitted earthworks? Efficiency of rules in mitigating adverse effects? Reliance on other processes i.e. BA? What effects is the Council trying to mitigate? this approach. Marlborough Sounds Resource Management Plan The Council does not generally receive applications only for earthworks as many activities in the Marlborough Sounds require consent due to slope stability issues. Do not get complaints from the public about such stringent standards (20m 3 per 10 years) probably because they are often applying for other consents at the same time. Yes for retaining walls over 1.5m in height and for those that are load bearing i.e. support a driveway. Permitted earthworks are limited but the Council relies on receiving complaints to manage such earthworks. They do not monitor. The Council is currently merging its two Plans: The Marlborough Sounds Plan and Awatere and Waiaru Plan. The Planner would prefer more prescriptive rules as these are easier for the public to understand. Be clear about what the Council is trying to achieve. The Council undertakes regular studies of soil erosion and the quality of soils in the region. The Plan is very stringent about earthworks as the Council seeks to manage the visual effects of earthworks and to conserve soil. The Council are also concerned about a number of inter-linking matters such as: erosion, the life-supporting capacity of soils and ecological values, slope stability (a major concern in the District), natural hazards, run-off of sediment especially into the coastal areas, rivers, streams and wetlands, effects on archaeological, cultural and historical artefacts, and economic values Consequently rules are stringent and permitted earthworks are limited to those having a minor effect subject to compliance with specified performance criteria. Dunedin City Plan Yes the Council receives consents just for earthworks and earthworks often mean a permitted activity requires consent. The Council relies on provisions in the District Plan and the Building Act, specifically for retaining walls over 1.5 metres in height. The Council relies on complaints from the public rather than monitoring to manage permitted earthworks. No. Building Department used to issue earthwork permits but 18 months ago, the Council changed it to be a District Plan only process. Slope stability is the major effect that the Council is trying to manage. There are consent notices on some sites that mean geotechnical input is required before any activity can be established. The Council do not find this to be an issue as the topography makes it inevitable.

9 3.3 Review of the District Plans Summary of Queenstown Lakes District Plan Zones Below is a table summarising the land-use, subdivision and earthwork provisions of the relevant zones of the QLDP. This proved useful in determining similar/comparative zones in the case study District Plans. SUMMARY OF THE QLDP ZONES Zone Relevant aspects of land use Earthwork controls Rural General (this includes ski areas are subzones). Rural General covers all types of topography. All buildings (other than farm buildings that comply with certain criteria) require full discretionary consent and must be within an approved Residential Building Platform (RBP). There is no expectation that a building or building platform will be granted. As per the definition, forestry over ½ ha is a discretionary activity. Other than boundary adjustments (which are controlled), all subdivision is at least a restricted discretionary activity. In all cases the control/ discretion reserved by the council includes consideration of the effects of earthworks. The following limitations apply to all earthworks except: within the Ski Area Sub-Zone (as defined in this Plan): for earthworks approved as part of a subdivision where that subdivision has resource consent; for routine repair and maintenance of operational tracks; for utility activities (as defined in this Plan, and as permitted or approved as per part 17, and excluding the development of access ways to the site containing the utility service); for earthworks approved as part of a resource consent for a residential building platform or a building; or for a farming building except for earthworks associated with access. 1. Earthworks (a) Earthworks shall not exceed a maximum area of bare soil exposed of 2500m² per site, within any one consecutive 12 month period. (b) Earthworks shall not exceed a maximum volume of moved earth greater than 1000m³ per site, within any one consecutive 12 month period. (c) Where any earthworks are undertaken within 7m of a water body the total volume shall not exceed 20m³ (except for earthworks undertaken within a road designation for the purpose of establishing, upgrading and/or maintaining a State Highway network). 2. Height of cut and fill and slope (a) No road, track or access way shall (other than the Arrow Irrigation Scheme and flood protection works) have an upslope cut or batter greater than 1 metre in height, measured vertically. (b) All cuts and batters shall be laid back such that their angle from the horizontal is no more than 65 degrees unless previously determined. (c) The maximum height of any fill shall not exceed 2 metres. 3. Environmental Protection Measures (a) Any person carrying out earthworks shall: (i) Implement erosion and sediment control measures to avoid soil erosion or any sediment 9

10 SUMMARY OF THE QLDP ZONES Zone Relevant aspects of land use Earthwork controls entering any water body. Refer to the Queenstown Lakes District earthworks guideline to assist in the achievement of this standard. (ii) Ensure that any material associated with the earthworks activity is not positioned on a site within 7m of a water body or where it may dam or divert or contaminate water. (b) Where vegetation clearance associated with earthworks results in areas of exposed soil, these areas shall be re-vegetated within 12 months of the completion of the operations. (c) Cut or fill shall not expose the groundwater aquifer (water bearing gravels) causing ponding or causing artificial drainage of the aquifer. 4. Protection of Archaeological sites and sites of cultural heritage The activity shall not modify, damage or destroy any Waahi Tapu, Waahi Taoka or archaeological sites that are identified in Appendix 3 of the District Plan, or in the Kai Tahu ki Otago Natural Resource Management Plan. (a) Where any earthworks are undertaken in areas identified as Ngai Tahu Statutory Acknowledgement Areas the earthworks shall not exceed 50m² in area or 20m³ in volume, in any one consecutive 12 month period. Rural Residential Zone - mainly gently sloping but some steeply sloping Buildings are controlled in respect of design and location. 15% building coverage and 6 m internal and 10 m road setback, and 8 m height. Forestry non complying. Maximum density of 1 unit/ 4000m² Subdivision (NB all subdivision is controlled control includes earthworks): 4,000m² min lot size x Earthworks The following limitations apply to all earthworks (as defined in this Plan), except for earthworks associated with a subdivision that has both resource consent and engineering approval. 1. Earthworks (a) The total volume of earthworks does not exceed 100m³ per site (within a 12 month period). For clarification of volume, see interpretative diagram 5. (b) The maximum area of bare soil exposed from any earthworks where the average depth is greater than 0.5m shall not exceed 200m² in area within that site (within a 12 month period). (c) Where any earthworks are undertaken within 7m of a Water body the total volume shall not exceed 20m³ (notwithstanding provision ). (d) No earthworks shall: (i) expose any groundwater aquifer; (ii) cause artificial drainage of any groundwater aquifer, (iii) cause temporary ponding of any surface water. 2. Height of cut and fill and slope (a) The vertical height of any cut or fill shall not be greater than the distance of the top of the cut or the toe of the fill from the site boundary (see interpretative diagram 6). Except where the cut or fill is retained in which case it may be located up to the boundary, if less or equal to

11 SUMMARY OF THE QLDP ZONES Zone Relevant aspects of land use Earthwork controls 0.5m in height. (b) The maximum height of any cut shall not exceed 2.4 metres. (c) The maximum height of any fill shall not exceed 2 metres. 3. Environmental Protection Measures (a) Where vegetation clearance associated with earthworks results in areas of exposed soil, these areas shall be re-vegetated within 12 months of the completion of the operations. (b) Any person carrying out earthworks shall: (i) Implement erosion and sediment control measures to avoid soil erosion or any sediment entering any water body. (ii) Ensure that any material associated with the earthworks activity is not positioned on a site within 7m of a water body or where it may dam or divert or contaminate water. (c) Any person carrying out earthworks shall implement appropriate dust control measures to avoid nuisance effects of dust beyond the boundary of the site. 4. Protection of Archaeological sites and sites of cultural heritage (a) The activity shall not modify, damage or destroy any Waahi Tapu, Waahi Taoka or archaeological sites that are identified in Appendix 3 of the Plan, or in the Kai Tahu ki Otago Natural Resource Management Plan. (b) The activity shall not affect Ngai Tahu s cultural, spiritual and traditional association with land adjacent to or within Statutory Acknowledgment Areas. Low Density Residential Zone (LDR) covers all types of topography. High Density Residential Zone (subzones A C) covers all types of topography Max density 1 unit/ 450m². Buildings are permitted provided meet bulk and location of setbacks of 2 x 2m and 2 x 4.5m (accessory buildings can be within setback), 8 m building on flat sites and 7 m height on sloping sites (see definition of ground level which may still encourage excavation to maximise height). 40% building coverage. Subdivision (NB all subdivision is controlled control includes earthworks): Min lot size varies depending on the location but in most of Queenstown it is 600m² and in Wanaka is 700m². Residential buildings permitted but very often due to design based/ scale-based standards (e.g. building footprint) in the plan, will become restricted discretionary. Building coverage ranges from 45% to 65% (triggering restricted discretionary activity) and beyond 70% is noncomplying, 20-40% landscaping is required. In subzone C (the least dense subzone) the minimum density is 1/250m² As above except that, instead of the 3c) above, the equivalent EPM in this Zone does not include the introductory words Any person carrying out earthworks shall This does not have a substantive effect. 11

12 SUMMARY OF THE QLDP ZONES Zone Relevant aspects of land use Earthwork controls and there is no density limit in A and B. Bulk and location is as for LDR. Subdivision (NB all subdivision is controlled control includes earthworks): 450m 2 but in this and the LDR zone where there are already two or more dwellings on the site, then there is no minimum lot size so density can get considerably greater than the minimum lot size. Town Centre Zone - almost entirely on flat land Industrial Zone all on flat land All buildings are controlled % building coverage depending on precinct. Basements allowed subject to flood issues being mitigated. No setbacks. Subdivision (NB all subdivision is controlled control includes earthworks): No minimum lot size. All buildings are controlled. 75% building coverage. No internal setbacks & setbacks from roads and other zones 2 10 m. Height only 6 metres so applicants regularly breach height rule and/ or excavate to obtain extra height. Subdivision (NB all subdivision is controlled control includes earthworks): 200m² As above As above

13 3.3.2 Dunedin City Council Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision Rural Earthworks associated with the following are Permitted and do not need to comply with any standard: 1. fencing; 2. piles for foundations; 3. cultivation; 4. maintenance of tracks, private roads and ways, dams, farm yards and service areas; 5. maintenance of man-made drains, ditches and canals; 6. maintenance of defences against water; 7. maintenance of existing roads, 8. earthworks associated with some utility activities; forestry earthworks and, 9. retaining walls up to, and including a max height of 600mm. Not exceed 200m 3, within any consecutive 2 year period on sites of 10 hectares or less. Not exceed 20m 3 /ha, within any consecutive 2 year period on sites greater than 10 ha. Not exceed 2.0m change in ground level within any consecutive 2 year period. No activity shall involve the removal from the site of any topsoil or subsoil on any area shown on District Plan Maps 75, 76 and 77 as High Class Soils. Setbacks (for earthworks over 600mm in height or depth) from boundaries, foundation of existing building and top or toe of any cliff, as follows: a) For earthworks not supported by a retaining wall the minimum setback distance: (i) to the toe of any fill shall be at least equal to the maximum height of the fill (see Figure 17.1). (ii) to the toe of any cut shall be at least equal to 1.5 times the maximum depth of the cut, plus a minimum of 300mm (see Figure 17.2). (iii) to the crest of any cut shall be at least 300mm (see Figure 17.2). No Earthworks for subdivision are exempt from rules provided they have been expressively approved by the Council as part of the subdivision consent. All other earthworks are Permitted provided they comply with the standards in the columns to the right. Note that this standard does not impose a maximum gradient for cut or fill batters. b) For retaining walls supporting fill, the minimum setback distance to the base of the retaining wall shall be at least equal to the maximum height of the retaining wall (see Figure 17.3). (c) (i) For retaining walls supporting a cut there shall be no minimum setback distance, provided that the retaining wall has been granted building consent. (ii) For retaining walls supporting a cut that have not been granted building consent, the minimum setback distance to the top of the retaining wall shall be at least equal to the maximum height of the retaining wall (see Figure 17.4). Distance from Water: Earthworks shall not exceed 1m 3 in volume or 25m 2 in area in any of the following locations: (a) Within 20m of any natural surface water body with a clearly defined bed and a continual flow, 13

14 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision or any wetland identified in the Regional Plan: Water for Otago as it is at 1 July 2010, in the Rural Zone. (c) Within 7m of the mean high water springs in any Residential or Activity Zone. Distance from Water and Waste Infrastructure: Earthworks shall be located at least 1.5m from the centreline of any Council-owned stormwater or foul sewer line, and at least 2.5m from the centreline of any Council-owned water mains. Distance from High Voltage Transmission Lines and Support Structures (a) Except for earthworks for new and/or existing network utilities, earthworks shall be located at least 12m from of the closest visible edge of the foundation of a high voltage transmission line support structure as shown on the District Plan Maps. (b) Except for earthworks for new and/or existing network utilities, earthworks that result in an increase in ground level shall be located at least 12m from the centreline of a high voltage transmission line as shown on the District Plan Maps. Controlled: Earthworks do not comply with Minimum Setback Distance, with respect to the distance of cut from: Property boundary; and/or With respect to the distance of cut or fill from: Foundation of any existing building. The top or toe of any cliff (i.e. existing slope with an average gradient of over 63 or 1 to 2 horizontal to vertical ratio). Controlled: Earthworks do not comply with Scale Thresholds, but do not take place within any Landscape Management Area (LMA), and do comply with the Not exceed 1000m 3, within any consecutive 12 month period on sites of 10 hectares or less. Not exceed 100m 3 /ha, within any

15 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision following standards: (a) Scale Thresholds: Earthworks shall not, within any consecutive 12 month period, exceed either the Change in ground level threshold or the Volume of excavation and fill threshold listed in the adjacent column. consecutive 2 year period on sites greater than 10 ha. Not exceed 2.5m change in ground level within any consecutive 12 month period. In a Landscape Management Areas (LMA): Ground water protection zone Restricted Discretionary: Earthworks that exceed controlled activity standards. Earthworks do not comply with Minimum Setback Distance, with respect to the distance of fill from the property boundary. Earthworks do not comply with Distance from Water. Earthworks do not comply with Distance from Water and Waste Infrastructure. Earthworks do not comply with Distance from High Voltage Transmission Lines and Support Structures Permitted provided the earthworks meet the same standards as for earthworks in the rural zones except that the volume and change in ground level standards are different as shown in the adjacent column Restricted Discretionary if earthworks do not meet permitted standards Permitted Controlled if earthworks do not comply with rules for Groundwater Not exceed 200m 3, within any consecutive 12 month period on any site. Not exceed 2.m change in ground level within any consecutive 12 month period. Within Groundwater Protection Zones as shown on District Plan Maps, excavations other than those required for roading or foundations for buildings shall not exceed 250mm in depth or 10m 3 in volume. 15

16 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision Protection Zones All zones other Permitted provided the earthworks meet the same standards as for earthworks in the rural zones except that the volume and change in ground level standards are different as shown in the adjacent column, and Distance from Water is as follows: (b) Within 7m of any natural surface water body with a clearly defined bed and a continual flow, or any wetland identified in the Regional Plan: Water for Otago as it is at 1 July 2010, in any other zone. Not exceed 100m 3, within any consecutive 2 year period on sites of 2 hectares or less. Not exceed 1.5m change in ground level within any consecutive 2 year period on sites of 2 ha or less. Not exceed 200m 3, within any consecutive 2 year period on sites greater than 2 ha. Not exceed 2.0m change in ground level within any consecutive 2 year period on sites of greater than 2 ha. Controlled if earthworks do not comply with thresholds for volumes and change in ground level and are not within ULCA, but meet the standards in the adjacent column. Not exceed 250m 3, within any consecutive 12 month period on any site. Not exceed 2.0m change in ground level within any consecutive 12 month period. Restricted Discretionary if earthworks exceed controlled standards In a Urban Landscape Conservation Areas (ULCA): Permitted provided the earthworks meet the same standards as for earthworks in the rural zones except that the volume and change in ground level standards are different as shown in the adjacent column. Restricted Discretionary if earthworks exceed permitted standards 10m 3 on any site with a max change in ground level of 1m

17 3.3.3 Napier City Council Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Exclusions Construction v subdivision All Zones The activity status of earthworks is derived from the status of the associated activity i.e. Subdivision is at least a Controlled Activity therefore associated earthworks are a Controlled Activity. Residential units are Permitted Activities in the Residential Zone therefore associated earthworks are permitted. If earthworks are not associated with an activity, then they would be permitted unless they breached Standard C5.5 Standard C5.5 (a) Earthworks shall not involve more than 100 m 3 (in-situ measure) per site or per development. (b) Cuts shall not occur on slopes greater than 22 degrees above horizontal (c) Cuts on slopes shall not be greater than 5 metres high (d) Cuts shall not be 1.5 metres or greater in height (e) Fills shall not be more than 0.5 metres in depth (f) Building sites shall not be on ground formed by earthworks (g) Earthworks shall not be within 20m from the centreline of any High Voltage Transmission Line. Earthworks design shall include adequate means to control silt runoff during the construction and post construction phases. No The reconstruction of existing roads and the excavation of trenches within the road reserve for the purpose of construction, maintenance, replacing, removing or minor upgrading of any network utility service. Earthworks within 20 metres of a High Voltage Transmission Line is exempt from obtaining a specialist geotechnical report where the written approval of the owner and operator of the High Voltage Transmission Line is obtained, provided the earthworks do not exceed the limitations in (a) (e). Earthwork controls for subdivision and development are the same. If the earthworks fail to meet C5.5 then they become a Restricted Discretionary Activity Earthworks shall be supported by specialist geotechnical reports and design criteria including the statement of professional opinion as set out in Appendix A6 of Part A of the Code Upon completion of the earthworks a statement of professional opinion shall be provided as set out in Appendix A7 of Part A of this Code. 17

18 3.3.4 Nelson City Council Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision Rural Soil Disturbance is a Permitted Activity providing it meets the standards in the adjacent columns to the right. Soil Disturbance means disturbance of soil other than by modification to the shape of the land surface and includes cultivation, deep ripping, root raking, blading and compaction. Soil disturbance is a permitted activity if: a) either - the predominant slope of the site does not exceed 25º from horizontal; OR b) The predominant slope of the site exceeds 25º and the activity is one of the following: i) forming or maintaining a firebreak or the fairway beneath power transmission lines, or ii) maintaining a state highway, road, track or landing, or iii) is for the purpose of installation and maintenance of utility service lines including the excavation of holes for supporting structures, back-filled trenches, mole ploughing or thrusting, providing the disturbance is no more than required to permit the activity b) Soil disturbance does not take place within 5m of the banks of any river included in Appendix 6 (riparian and coastal margin overlays), or within 20m of the Coastal Marine Area, except for: i) the purpose of maintaining State Highways, or ii) is for the purpose of installation and maintenance of utility service lines including the excavation of holes for supporting structures, back-filled trenches, mole ploughing or thrusting, providing the disturbance is no more than required to permit the activity iii) cultivation of land with a predominant slope not exceeding 6º from horizontal, provided cultivation is at least 2m from the banks of the river, and c) no soil or vegetative debris is positioned where it may dam or divert any river or stream or adversely affect instream habitats, and d) all bare soil areas are re-vegetated or otherwise protected from soil erosion as soon as practicable and not later than 12 months from the date of disturbance, and No e) after reasonable mixing there is no conspicuous change in the colour or visual clarity in any water body or coastal water as a result of undertaking the activity, and f) all formation surfaces with an inward cross fall are drained by a water table and cut offs or culverts are formed or installed so as to prevent erosion of the formed surfaces, and g) trenches formed for utility service lines are back filled, compacted and re-vegetated as soon as practicable, and h) soil is managed on the site during the construction period and after, such that there are no adverse effects on adjoining properties or any waterbodies Residential Marsden Valley (part) Inner City Zone Industrial Zone Soil Disturbance is a Permitted Activity providing it meets the standards in the adjacent columns to the right. As for Rural Zones except the following is also permitted: iv) cultivation in the course of normal garden activity to a depth not exceeding 300mm and a maximum area of 100m 2 per site, and As above for Rural Zones except for the additional point under b): b) soil disturbance does not take place within 5m of the banks of any river identified in Appendix 6 or within 20m of the Coastal Marine Area, except for: i) the purpose of forming or constructing a firebreak, fence line, survey line or installing a utility service line

19 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision across a river. All Zones Soil disturbance that contravenes any condition for all permitted activities is controlled, provided it meets the standards in the adjacent columns. The predominant slope does not exceed 35º from horizontal. b) no soil or vegetative debris is positioned where it may dam or divert any river or stream or adversely affect instream habitats, and c) all bare soil areas are re-vegetated or otherwise protected from soil erosion as soon as practicable and not later than 12 months from the date of the vegetation clearance, and d) all formation surfaces with an inward cross fall shall be drained by a water table, and cut-offs or culverts shall be formed or installed so as to prevent erosion of the formed surfaces. All Zones Soil disturbance that contravenes any controlled standard is a restricted discretionary activity. Rural Zone Earthworks are a Permitted Activity providing they meet the standards in the adjacent columns to the right. Earthworks: means any modification to the shape of the land surface, including removal of soil, excavation, infilling, recontouring and construction of any road, track, landing or drainage channel (refer definition of Landfill ). a) the maximum height or depth of excavation or filling does not exceed 1.2m, b) the earthworks are for the purpose of installation and maintenance of utility service lines including the excavation of holes for supporting structures, back-filled trenches, mole ploughing or thrusting, providing the disturbance is no more than required to permit the activity, or c) the excavation or fill: i) is retained immediately by a structure authorised by a building consent, and ii) the maximum height or depth of the fill or excavation does not exceed 3m, and iii) the depth of any excavation adjacent to a property boundary does not exceed the distance from that boundary measured on a horizontal plane; and Earthworks as part of subdivision are a matter for control d) the earthworks do not take place within 10m of the banks of any river included in Appendix 6, or within 20m of the Coastal Marine Area, except for the purpose of i) maintaining a State Highway and other roads, ii) forming or constructing a fire break, fence line, survey line or iii) installing a utility service line across a river, or iv)is for the purpose of installation and maintenance of utility service lines including the excavation of holes for supporting structures, back-filled trenches, mole ploughing or thrusting, providing the 19

20 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision disturbance is no more than required to permit the activity, and e) no soil is positioned where it may dam or divert any river or stream or adversely affect instream habitats, and f) all bare soil areas are re-vegetated or otherwise protected from soil erosion as soon as practicable and not later than 12 months from the date of disturbance, and g) after reasonable mixing there is no conspicuous change in the colour or visual clarity in any water body or coastal water as a result of undertaking the activity, and h) all formation surfaces with an inward cross fall are drained by a water table and cut-offs or culverts are formed or installed so as to prevent erosion of the formed surfaces, and i) trenches formed for utility service lines are back filled, compacted and re-vegetated as soon as practicable, and j) material used for fill is cleanfill material, and k) the earthworks are not located within the Flood Overlay except for the purpose of maintaining a State Highway, other roads or network utility lines or structures. l) soil is managed on the site during the construction period and after, such that there are no adverse effects on adjoining properties or any waterbodies Residential Marsden Valley (part) Inner City Zone Earthworks are a Permitted Activity providing they meet the standards in the adjacent columns to the right. As for Rural Zones As for Rural Zones except the Standard k) does not apply. Industrial Zone All Zones Earthworks that contravene any condition for permitted activities are controlled, provided they meet the standards in the adjacent columns. a) the maximum height or depth of filling or excavation does not exceed 4m, b) the site is not in the Land Management or Flood Overlays, and c) earthworks do not take place within 10m of the banks of any river and contained within Appendix 6 or within 20m of the Coastal Marine Area, and d) no soil is positioned where it may dam or divert any river or stream or adversely affect instream habitats, and

21 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision e) all bare soil areas are re-vegetated or otherwise protected from soil erosion as soon as practicable and not later than 12 months from the date of the earthworks, and f) all formation surfaces with an inward cross fall are drained by a water table, and cut-offs or culverts are formed or installed so as to prevent erosion of the formed surfaces, and g) material used for fill is cleanfill material. All Zones Earthworks that contravene any controlled standard other than g) are restricted discretionary activities. Where g) is contravened the activity is a full discretionary activity. 21

22 3.3.5 Wairarapa Combined District Plan Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Construction v subdivision All Zones Permitted No standards No Earthworks as part of subdivision are a matter for control Rural Outstanding Landscapes Permitted Not exceed 100m 3 per site in any 12 month period No Earthworks that exceed the permitted standard become a Discretionary Activity Significant bodies Water Permitted Earthworks within 25m of any significant waterbody for the following purposes: maintenance of drains, manmade dams, access tracks and roads; as well as approaches to culverts. No Any activity within 25m of any significant water body except for the purpose of: maintenance of drains, man-made dams, access tracks and roads; as well as approaches to culverts is a Discretionary Activity. Flood Hazard Areas and Erosion Hazard Areas Permitted No more than 20m 3 per site in any 12 month period, except for Soil Conservation Works, riparian enhancement programmes and river control works. No Earthworks that exceed the permitted standard become a Discretionary Activity

23 3.3.6 Marlborough Resource Management Plan Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Exclusions Construction v subdivision Rural One and Two Rural Settlement Any land disturbance activity which meets the conditions below is a Permitted Activity. a) Any increase in the concentration of suspended sediment shall not be more than 20% as measured by the black disk method, notwithstanding that the concentration of suspended sediment in run-off water shall not exceed 200 grams/cubic metre at any point of discharge to any receiving water. The effects on the receiving water are to be measured at a distance downstream of two widths of the receiving watercourse or 50 metres, whichever is the lesser; b) No woody material of greater than 100mm diameter shall be left in any permanently flowing river, lake, wetland or sea as a result of a land disturbance operation; and c) All land disturbance sites are to be stable when subject to a storm event of return frequency probability of 10% or less. Cultivation Contour Cultivation Cultivation is to be parallel to the contour of the land, with the exception that on lands of slope greater than 20, up to 15% of the cultivated area may be cultivated at an angle to the contour, and trenching or cable laying may be carried out at an angle to the contour Riparian Management Zones No cultivation is to take place within riparian management zones as specified in the schedule of water bodies and Table 1 in Appendix I and as mapped in Ecology Maps in Volume Three Maps, except trenching for cable laying and post holes for utility line support structures. Revegetation The vegetation cover of a cultivation site shall be restored within 24 months of the end of the operation, to a level where the amount of bare ground is no more than 20% greater than prior to the land disturbance taking place Excavation and Filling Gradients The gradient of any side cut excavation must not exceed an average of (1:6) and must not exceed (1:5) along any length of more than 20 metres. Water Control and Culverts Stormwater controls, water tables cut-offs, and culverts are to be installed to ensure that erosion does not occur on the inside edge of the cut. No culvert size less than 300mm may be used to drain any side-cut excavation. Stabilisation Batters and side castings are to be stabilised by appropriate measures such as seeding, compacting, drainage and/or other methods of revegetation. Run-off Run-off from water tables or surfaces of side cut excavations is to be directed to stable land areas. Crossings River crossings are to be stable and maintained as suitable for fish passage in fish bearing stretches of the river. Clean Fill The discharge into and onto land of any contaminant other than: 1. Hazardous substances; 2. Combustible or organic materials; 3. Any other contaminant subject to chemical or biological breakdown; and 4. Liquids or sludges is a Permitted Activity provided that the following conditions are met. Conditions a) That the clean fill material is not to be deposited within the riparian management zones as specified in Appendix I and Ecology Maps in Volume Three; and Earthwork controls for subdivision and development are the same. Riparian Areas Except for direct approaches to bridges, crossings and fords; maintenance of rail and public roads; and trenching for cable laying, no excavation or filling must take place within riparian management zones as specified in the schedule of water bodies in Appendix I and as mapped in Ecology Maps in Volume Three, or in a manner or location where the General Conditions for Land Disturbance cannot be complied with. b) That the filled area is covered with at least 200mm of topsoil, when infilling has been completed, to allow the site to return to a natural vegetated state. 23

24 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Exclusions Construction v subdivision Slope Any excavation or filling on land greater than 20º and less than 35 slope, provided the activity complies with the rules above and not more than 1,000m 3 may be excavated/filled in any two year period. Backfilling All earth not required to be placed in a trench shall be removed from the land disturbance site, and placed in a stable location. Where a resource consent is required for placement of the fill, this shall be obtained prior to the start of work. Rural One and Two Excavation over 1,000m 3 is a Controlled Activity. As above for permitted activities Retaining Walls Retaining walls and other structures are to be designed in accordance with good engineering practice. Underground Utilities Other than excavations associated with the installation and maintenance of underground utilities, no utilities are to be exposed or damaged by the excavation. Riparian Management Zones Any activity that does not meet the Permitted or Controlled Activity standards becomes a Discretionary Activity Restricted Discretionary All activities within Riparian Management Zones Any land disturbance activity that does not comply with the above conditions or is in an area identified as a hazard area that is required for the purposes of constructing or providing access to any structure requiring a building permit under the Building Act 1991, shall not be a Permitted Activity, with no restriction on the exercise of Council s discretion No standards

25 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Exclusions Construction v subdivision Urban Residential and Sounds Residential Inner Commercial Urban Industrial Permitted Activity As above for Rural Zones Excavation and Filing Conditions a) The maximum volume for either excavation or filling shall not exceed 20m 3 in any continuous ten year period; b) The gradient of any side cut excavation must not exceed an average of 9.5 (1:6) and must not exceed 11.3 (1:5) along any length of more than 20 metres; c) Stormwater controls, water table cut-offs, and culverts are to be installed to ensure that erosion does not occur on the inside edge of the cut. No culvert size less than 300mm may be used to drain any side-cut excavation; d) Batters and side castings are to be established by appropriate measures such as seeding, compacting, drainage and/or other methods of revegetation; e) Run-off from water tables or surfaces of side-cut excavations is to be directed to stable land areas; and f) Except for direct approaches to bridges, crossings and fords; maintenance of rail and public roads; and trenching for cable laying, no excavation or filling must take place within riparian management zones as specified in the schedule of water bodies and... or in a manner or location where the General Conditions for Land Disturbance above cannot be complied with. Exemptions The following activities are exempt from control on the volume of material: a) Any works involving the repair or replacement of any utilities; and b) Support structures for any permitted or approved buildings, signs, fences and works. Fill Content In addition to compliance with the conditions relating to the volume of fill material any filling of land or depressions is a Non-Complying Activity where the fill contains: a) Putrecible, inflammable or hazardous components; b) Material other than rubble, ballast, stones, soily material and demolition material; or c) Vegetation which is not incidental to the clearing of sites, and which comprises more than 5% of the fill material, by volume. Sounds Residential only Controlled Activity The excavation of more than 5 cubic metres of material within 10 metres (measured horizontally and perpendicular to the road) from the road. 25

26 Zone Activity Status Controls over: area, volume, site slope/size and landscape matters Other controls Clean-fill treated separately Exclusions Construction v subdivision Sounds Residential only Restricted Discretionary Discretionary Activity Excavation or filling of land exceeding the maximum permitted by up to 20% of the specified conditions; Any land disturbance activity that does not comply with the above conditions for permitted, controlled or restricted discretionary activities or is in an area identified as a hazard area that is required for the purposes of constructing or providing access to any structure requiring a building permit under the Building Act 1991, shall not be a Permitted Activity, with no restriction on the exercise of Council s discretion Conclusions From undertaking the review of the District Plans and talking to the Councils, it is concluded that: 1. Stringent controls on earthworks are acceptable as long as the Council is clear about what effects it is trying to mitigate or the intended outcomes of any rule/standard i.e. management of highly unstable areas. 2. As most Councils lack the resources to monitor permitted earthworks, they seem to err on the side of caution when setting minimum areas and volumes. 3. The Councils with the most stringent standards tend to be those managing slope stability issues such as Marlborough and Nelson. 4. There seems to be agreement amongst the Councils that standards are the best method of managing earthworks. 5. Rules/standards should be clear and prescriptive, with as little room as possible for interpretation. 6. It is better to include rules/standards on earthworks in the District Plan rather than in a separate document/code of Practice. 7. Most of the Plans have Environmental Protection Measures (e.g. relating to dust control or effects on water quality) that are similar to the Queenstown Lakes District Council 8. Most of the plans include rules relating to the proximity of earthworks to waterbodies, with the distance ranging from 7metres to 25 metres and with most triggering consent once any earthworks is undertaken within close proximity to the waterway. The exception is Napier City Plan, which does not have any standards regarding setbacks from waterways. 9. The Councils that assess earthworks as part of subdivisions applications did not raise any concerns about this practice and generally found it to be efficient. 10. The Councils generally rely on the District Plan to manage earthworks but retaining walls over 1.5 metres in height or that are load-bearing also require building consent as they are defined as structures under the Building Act. However, many of the District Plans also contain standards on the retaining of cut and fill i.e. Dunedin City Plan and Nelson City Plan. This could well be duplication of effort, which could be dealt with exclusively through the Building Act and is something that should be further investigated. 11. The effects that the Councils are seeking to manage reflect the particular characteristics of each district. E.g. In Marlborough visual effects, slope stability, run-off into water bodies and effects on ecological values reflect the District s topography of steep slopes, outstanding natural landscapes, high visual amenity values and high water quality in its rivers and coastal waters.

27 4.0 CASE STUDIES OF ACTIVE CONSTRUCTION SITES 4.1 Case studies of construction sites within the Queenstown Lakes District Ten active construction sites have been considered as case studies in order to determine: Whether any consent conditions relate to earthworks If they have Resource Consent; whether the earthworks conditions are being complied with If the construction is being undertaken within the permitted limits; whether the Environmental Protection Measures (EPMs) required by the site standard are being undertaken. These case studies are: 1. A dwelling at the corner of Golf course road Ballantyne Rd, Wanaka (Rural Residential) 2. A dwelling on Hayes View Lane, Lake Hayes (Rural Residential) 3. A subdivision at Domain Road, Wakatipu (Rural General) 4. Earthworks at Slopehill Road, Wakatipu(Rural General) 5. A dwelling at Bolton Lane, Queenstown Hill (Low Density Residential) 6. A dwelling at 72 Highview Terrace, St, Andrews Park, Queenstown (Low Density Residential) 7. An accessory building at 7 Hallenstein Street, Queenstown (High Density Residential) 8. A dwelling at 2/4 Pinnacle Place, Queenstown (Low Density Residential) 9. An industrial building at Ballantyne Rd, Wanaka (Industrial) 10. A commercial building at 93 Ardmore Street, Wanaka (Town Centre) 27

28 4.1.1 Golf course Rd, Wanaka

29 Zone Site characteristics Resource Consent compliance with conditions Notes Rural Residential Relatively flat RM Consented 1,874m² of earthworks (45% of the site). It presumably must also breach the 100m³ Conditions: - Compliance with control/ mitigation techniques outlined in the Earthworks guide 4 prior to commencing - Prevent deposition of material onto roads - Top soiled and re-vegetated within 6 weeks of completing earthworks. Visited in March/ April in very dry conditions The building is still under construction (i.e. roof not yet on) and 1-2 m high piles of earth still onsite/ yet to be transported. Compliance: - Extent seem to have scraped slightly more than consented. - Some signs of dampening down but other than 1 haybale, no other sign of any runoff control (e.g. bales, silt fence, bunds, or sediment ponds or drainage). NB there is an existing vegetation buffer of sorts along the Ballantyne Rd boundary. - Roads clean but no cattlestop in place (as per General Measure #1 of the Guide) - Some re-contouring looks complete but there is no sign of re-vegetation/ top soil/ grass where there plausibly could be. 4 A guide to Earthworks in the Queenstown Lakes District Council 29

30 4.1.2 Hayes View Lane, Lake Hayes Zone Site characteristics Resource Consent compliance with conditions Notes Rural Residential/ Rural General Zone Steeply sloping and highly prominent RM Bowden. Consent approved approximately 3,800m³ of earthworks, consisting of 2,500m³ of cut and 1,300m³ of fill. It presumably also breaches the area threshold. Conditions: - Install measures to control and/or mitigate any dust, silt runoff and sedimentation - to remain in place for the duration of the project - Retaining wall along the southeast boundary of the site is to be completed as soon as practicable or if left un-stabilised for > 8 weeks temporary retaining and/or protection measures shall be installed - Prevent deposition of debris on surrounding roads - No earthworks, loading and stockpiling of earth beyond the subject site. - Exposed earth to be top-soiled/ grassed /re-vegetated/ otherwise permanently stabilised within 4 weeks. - Obtain a Code of Compliance Certificate for all retaining walls constructed under the Building Act - Prior to commencing any earthworks - shall submit a revised driveway, retaining and earthworks design to mitigate adverse effects on the landform and surrounding landscape, including proposed finish for retaining walls. Visited in March/ April in very dry conditions Landscape effects were a real concern in this case. It is unknown whether a revised driveway, retaining and earthworks design has been submitted/ approved in order to mitigate adverse effects on the landform and surrounding landscape must assume so. Compliance: - No obvious measures taken to control dust

31 Zone Site characteristics Resource Consent compliance with conditions Notes - Silt fence installed along approximately half of the downslope boundary of the site although in disrepair. - Retaining wall along the southeast/ rear boundary of the site is complete as at Unknown whether this was within 8 weeks as required. - No measures in place to prevent deposition of any debris on surrounding roads. However none was noticed. - There may be some stockpiling occurring on the adjacent site to the south. - No exposed earth top-soiled/ grassed /re-vegetated/ otherwise permanently stabilised yet may be too early to be practical. 31

32 Bolton Lane, Queenstown Hill Zone Site characteristics Resource Consent compliance with conditions Notes Low Density Residential Steeply sloping RM Consented for 438m³ and over 200m² of earthworks; and a breach of the height to boundary rules in relation to earthworks (i.e. a 3 m cut on the western boundary and 1.8 m cut on the road boundary (which is below the road); and a maximum cut of 4.8 metres). Conditions: Visited in March/ April in very dry conditions. The geotechnical report submitted as part of the application has not been assessed as part of this compliance check. - A geotech engineer to continually assess the excavation and ensure temporary retaining in place where necessary to stop erosion and stability issues. - Measures to be taken to control/ mitigate dust, silt run-off, and sedimentation. - Earthworks, batter slopes, retaining, earthworks and site management to be in accordance with the engineering (Hadley) report - If there are justifiable complaints regarding vibration then earthworks is to cease. - Ground conditions are to be monitored throughout

33 Zone Site characteristics Resource Consent compliance with conditions Notes - Retaining walls to be constructed as soon as practicable and if not done within 6 weeks then temporary retaining is needed - No earthworks or stockpiling is to occur off-site - A 2 m safety fence to be constructed atop the proposed cut along Edinburgh Drive. - Measures to be taken to prevent deposition of material onto roads - Compliance with the control/ mitigation techniques outlined in the Earthworks guide 5 prior to commencing - Top soiled and re-vegetated within 6 weeks of completing earthworks - Prevent debris on the roads Compliance: - Extent of compliance regarding geotech assessments is unknown. - No signs of bales, silt fencing, etc. to control sediment runoff. - Most of the exposed earth (other than approximately 90m² where vehicles are accessing the site and the area immediately surrounding the cut alongside Edinburgh Drive) has been covered with river stones 6 which would mitigate the effects of run off, sedimentation, and dust. - There were signs that the area of exposed/ bare earth had been dampened but there was no hose or sprinkler present. There were no dust issues when visited. - The roads were generally clean but there was no cattlestop/ wooden planks, etc. in place (as per #1 of the Guide). - There was no temporary or permanent retaining of the cuts in place as at but when re-visited on , the cut was permanently retained (see figure above). It is unknown whether this was constructed within the 6 weeks required by consent but is considered unlikely. 5 A guide to Earthworks in the Queenstown Lakes District Council 6 Presumably to cover underground services, first and foremost 33

34 Highview Terrace, St Andrews Park, Queenstown The site (in red) Zone Site characteristics Resource Consent compliance with conditions Notes Low Density Residential Gently sloping, down to a water body No resource consent has been applied for or approved for earthworks, even though the earthworks appears to be well over 200m² in area and 100m³ in volume and involves over 20m³ of earthworks within 7 m of a waterbody. Compliance with the site standards and EPMs Visited in March/ April in very dry conditions The proposed residential building is permitted. - As outlined above, it seems to exceed the standards relating to area, volume and proximity to a waterbody. - No measures seem to have been taken to prevent dust or sedimentation. The fact that there is no sediment control and the earthworks is as close as 1 m from the waterbody is of concern. - No measures have been taken to prevent debris on roads but no evidence of such debris - Rock retaining wall (approx. 1 m) installed along edge adjacent to waterbody. The only other significant cut proposed (in the south-west of the site) is not yet properly formed and not yet retained. - It is too early for top soiling, etc. - No earthworks appear to be breaching the boundaries.

35 /4 Pinnacle Place, the Peak, Queenstown The site (shown in red) Zone Site characteristics Resource Consent compliance with conditions Notes Split-zoned Low Density Residential (visitor accommodation subzone) and Rural General Steeply sloping, large development site RM Resource consent approved 4318m³ of earthworks across a total area of 4490m², with a maximum cut depth of 7.2 metres, and a maximum fill depth of 4.4 metres. Nine consents are required in relation to the proposed earthworks. Conditions: - Install measures to control and/or mitigate any dust, silt run-off and sedimentation - Include groundwater and stormwater control measures - Batter slopes, retaining, and site works as per the geotech report from Green Being - No rock breaking from 5 pm 8 am - Prevent debris on roads - No earthworks or stockpiling off site - If justifiable complaints re vibration, then shall cease and reassess. - Temporary safety fences atop the cuts - If excavation left unstabilised for over 6 weeks then temporary retaining is needed. Top soiling etc. to occur within 4 weeks of dwelling being constructed. Visited in March/ April in very dry conditions. The application includes extensive landscape plan, to reduce the perceived bulk of the dwelling and conceal the earthworks. The geotechnical report submitted as part of the application has not been assessed as part of this compliance check. Compliance: - Silt fence in place along lower boundary of the site - No evidence of sprinklers/ dampening down but the site is almost exclusively rock so dust issues unlikely to be significant. - Rock breaking was undertaken over a short time and within the permitted hours - No mechanism in place to prevent debris on roads but none sighted. 35

36 Zone Site characteristics Resource Consent compliance with conditions Notes - No earthworks or stockpiling occurring off site - Safety fences in place - Excavation/ cuts have been stabilised (as at 2/4/12). It is unknown whether this occurred within the 6 weeks required by conditions.

37 Hallenstein Street, Queenstown The site (shown in red) Zone Site characteristics Resource Consent compliance with conditions Notes High Density Residential sloping No Resource Consent exists for the site. Earthworks may exceed the volume limits specified in the Plan and therefore it may need consent. Notwithstanding the above, with regard to the EPMs which ALL earthworks must comply with, it is not complying with (c)(ii)(a) re dust and runoff mitigation Visited in March/ April in very dry conditions It is estimated to be close to potentially over 100m³ but is difficult to tell simply from a site visit. NB it is too soon to monitor (c)(i) re re-vegetation, (c)(ii)(b) is irrelevant as there is no waterbody nearby), and d) regarding archeological sites is also (presumably) irrelevant. 37

38 Ardmore Street, Wanaka Site (shown in red)

39 Zone Site characteristics Resource Consent compliance with conditions Notes Town Centre Flat land adjoining the Bullock Creek reserve. The creek is 12 metres from the excavation. The site is presumably within a flood prone area. RM approved 400m³ and 1,100m² of earthworks. The proposed earthworks involve excavating the site about 0.5m and compaction in order to create a building platform. Conditions: - A geotech engineer is to continually assess the excavation and ensure temporary retaining in place where necessary to stop erosion and stability issues. - A site management plan is to be submitted which, as a minimum, includes sprinklers, water carts, etc. to control dust; silt traps (i.e. bales or silt fences/ traps) to stop sediment entering Bullock Creek, site drainage paths to keep any silt laden materials on site and to direct the flow to silt traps (and to maintain and replace such traps). - A vehicle crossing is to be installed to prevent debris being taken onto the road - Various conditions relating to ensuring a sound base for building upon (including the removal of all uncertified fill, confirming the depth of footings, etc. - Topsoiling/ re-vegetation or otherwise permanently stabilising to occur within 4 weeks (of completing the earthworks presumably) and the building cannot be occupied until then. Visited in March/ April in very dry conditions There are 5 further conditions following completion of the earthworks which cannot yet be commented on. Without assessing the site management plan the specific detail regarding management and mitigation cannot be monitored. Compliance: - Regarding sediment control filter cloth is attached to the fence on the Bullock creek reserve boundary. - The vehicle crossing had not been designed to ensure against debris on the road (although there appeared to be very little) - There was no evidence of hoses, sprinklers, or water carts on site/ in use but the site was not too dusty and the project manager said that sprinklers are used. Compaction may well mean that dust issues are unlikely to be significant - It is unknown what extent of drainage is in place and whether it includes filters. - As the building has yet to be started, it will be a considerable time before re-vegetation/ top soil, grass or hard surface occurs. 39

40 4.1.8 Ballantyne Rd, Wanaka Zone Site characteristics Resource Consent compliance with conditions Notes Industrial Zone Flat RM Minerva Property Limited approved 194m³ of earthworks. Visited in March in very dry conditions Conditions: - Compliance with control/ mitigation techniques outlined in the Earthworks guide 7 prior to commencing - Wooden planks or similar to prevent damage to the footpath and kerb and to prevent deposition of material onto roads - Top soiled and re-vegetated within 4 weeks of the building being constructed and building shall not be occupied until this time. 7 A guide to Earthworks in the Queenstown Lakes District Council Research Relating to the Management of Earthworks

41 Zone Site characteristics Resource Consent compliance with conditions Notes Compliance: - Downpipes and some drainage in place (refer above photo). Kerb has been built alongside the boundary parallel to the street. - The site was very dusty and there were no signs of dampening down the exposed earth. - Regarding sediment runoff, there was no sign of haybales, silt fences, or bunds - Earth had been stockpiled on the road reserve (beyond the site boundaries). Refer above photo. - Roads clean but no cattlestop in place (as per the conditions and #1 of the Guide) - As the majority of the bare earth will be covered in hard surface (e.g. concrete) re-vegetating, etc. seems to not make sense and has not been done. 41

42 / 97 Slopehill Road, Wakatipu The site (shown in red) Zone Site characteristics Resource Consent compliance with conditions Notes Rural General Sloping and adjacent to and runs down to a wetland area (and an adjoining irrigation race) No Resource Consent can be found for this earthworks, which may well be within the permitted 2500m² or is permitted because of its purpose. Note: It seems unlikely that it is part of a subdivision or residential dwelling/ building platform, a utility, or a track and therefore it would not be exempt from the rules. The earthworks still need to meet the EPMs even if it is less than 2,500m² in area. Compliance with the EPMs: Visited in March/ April in very dry conditions - There are no erosion or sediment control measures in place - It is too early to monitor re-vegetation requirements Research Relating to the Management of Earthworks

43 Domain Rd, Wakatipu Zone Site characteristics Resource Consent compliance with conditions Notes Rural General Flat Hawthorn Estates. C144/2006 approved earthworks associated with a large scale subdivision, which proposed 132,000m³ of earth be removed from the site and, potentially, 63,000m³ be brought in. Visited in March/ April in very dry conditions Conditions: - Install measures to control/and or mitigate any silt runoff and sedimentation for the duration of the project. - Procedures to be undertaken to minimise the spread of dust - All earthworks to be re-grassed or otherwise stabilised against erosion as soon as practicable and in a progressive manner as earthworks are completed. - Earthworks not be undertaken between the hours of 5 p.m. and 8 a.m. or during weekends or public holidays and to comply with the relevant performance standards as to noise. Compliance: - Appeared to be sprinklers in some limited areas which would help control dust but not over the extensive area of exposed ground - No sign of measures to control/mitigate any silt runoff and sedimentation (i.e. no bales or silt fence) - Drives sealed but otherwise no special vehicle crossings to prevent debris on roads but none noticed. - No re-grassing has yet occurred whereas there may be areas where earthworks have been finished to the extent that it could be done. - Earthworks were being undertaken over a weekend, when the site was visited Comments/ conclusions Some of the standard conditions could be improved. E.g. The condition requiring top soiling/ re-vegetation/ permanent stabilisation of exposed surfaces to be completed within 4 weeks of the building being constructed is unclear in that it is uncertain as to whether being constructed means being completed, commenced, substantially given effect to, or some other alternative. 43