S91 REQUEST FOR A FURTHER APPLICATION AND S92(1) REQUEST FOR FURTHER INFORMATION

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1 Please Quote File: JCRA : JWAL 8 December 2017 Tegel Foods Limited C/- Attention: Andrea Brabant Tonkin and Taylor abrabant@tonkintaylor.co.nz Dear Andrea RESOURCE CONSENT APPLICATION APP FOR TEGEL FOODS LIMITED TO UNDERTAKE A SUITE OF ACTIVITIES ASSOCIATED WITH THE DEVELOPMENT AND OPERATION OF A FREE RANGE POULTRY BROILER FARM S91 REQUEST FOR A FURTHER APPLICATION AND S92(1) REQUEST FOR FURTHER INFORMATION I have made an assessment of your application and require a further application and further information as follows. 1. Technical Report B - Flooding Assessment a. A further application needs to be made for the diversion of flood waters in accordance with Rule of the RWSP. I accept that there is information in the existing AEE that addresses the effects of this diversion to some degree therefore this application may be brief but should make a conclusion as to the likely effects of the diversion. Section Design Rainfall b. Confirm that Figure 7-1 1% AEP design rainfall hyetograph shows that HIRDS depths have been achieved i.e. the Y axis should read Rainfall depth mm / 5 minutes. Reason: I believe there is a minor error in the figure that needs to be clarified. 2. Technical Report C - Groundwater Assessment Section 2.2 Groundwater and Borehole Requirement a. Confirm the location of the proposed production bores; and

2 b. Provide evidence to support the annual maximum groundwater take of 63,250m³/year when coupled with the expected rainwater collection volume. Reason: This information is required to assess the efficiency of the allocation volume, and that the allocation is appropriate for its intended use. c. Provide evidence to support the proposed 4.9L/sec rate of taking. Reason: 4.9L/sec will be difficult to meter accurately, it is recommended that the applicant consider increasing the rate to 5L/sec. In the event the consent is granted, conditions of consent would be included so that the metering is consistent with the Resource Management (Measurement and Reporting of Water Takes) Regulations Policy in the Proposed Regional Plan for Northland would also require a meter to be installed regardless of the take rate. d. Discuss how the water take for the poultry support and dairy support will be managed in terms of where the take will be divided and how the takes for the separate uses will be metered and recorded. Reason: As part of any resource consent it will be an ongoing requirement that the groundwater take is metered and recorded, understanding how these will be managed is important for the wording of consent conditions. Section Pumping test and water quality testing; and Factual Pump Test Report / Technical Assessment e. Provide justification for the use of the pump test methodology applied, including comments on their suitability considering the assumptions, and the impact of using the calculated values in the assessment of effects; and Provide details of the pumping at other locations referred to in the report that influenced the water level of EB-1. Details should include, location, bore construction, and estimated pumping rates; and Provide assessment of the water quality data to provide greater certainty as to the source of the water. The bore construction and geology at some sites is inferred, and in some cases not supported by QMap. Reason: The assessment of drawdown, saline intrusion and sustainability of the take is dependent on the appropriateness of the calculated values, and conceptual understanding of the system. Pump test data suggests abstraction of 240 m 3 /day is unlikely to be sustainable in the long term due to local boundary conditions at the one site tested. Section Existing groundwater bores f. Undertake consultation with/survey properties owners in the surrounding area to identify the locations, use and construction of any bores within a 600 metre radius of proposed production bores.

3 Reason: The NRC database does not have an exhaustive list of existing bores and locations are approximate only. This consultation is required to confirm potentially affected parties. Section Intrusive Andesite g. Provide comments on the lateral extent of the andesite and the potential for connectivity with saline water. Reason: If the target geology is intrusive andesites then understanding the extent of these andesites and the potential for intrusion is important for this assessment. h. As detailed in 2 e, above, an assessment of groundwater quality needs to be undertaken to confirm the geology at EB 3. If the site is sandstone and a bore is proposed to abstract water from this system then provide an assessment of effects of the proposed take from this rock type. Reason: The application has stated that EB 3 is inferred to be within an intrusion of andesite rock, however QMap information indicates that this locality is made up of Awhitu sandstone, comparison of water quality results is one method to clarify this. Section 6.2 Groundwater Recharge i. Provide an assessment of the sustainable allocation based on the extent of the aquifer system to be targeted (i.e., andesite); and Provide justification for the percentage of rainfall used in the assessment. Reason: In terms of the assessment of the sustainable allocation the application states that the sourced groundwater will be from intrusive andesite however the assessment of yield has been undertaken over the whole of the project site, based on the alluvial deposits. The assessment is also not consistent with the local pump test. Section 7 Technical Assessment of Effects j. Offer consent conditions to control bore construction and pumping rate at each proposed bore site to ensure the sustainability of the take, no more than minor effects on neighbouring property owners and to avoid saline intrusion. Reason: The potential for effects of the proposed take are dependent on numerous factors including bore construction, aquifer characteristics, geology intercepted and pumping rate. As the production bores have not as yet been installed, these potential effects are uncertain.

4 3. Technical Report D - Civil Preliminary Design As stated in the KDC s S92(1) request, a review of Technical Report D - Civil Preliminary Design has been undertaken by Water and Waste Engineer Richard Slight of Stantec. Requests for further information/clarification from that report have been adopted here, along with further information requested by the council alone. a. Describe how stormwater will be prevented from entering the wash water system. Reason: Mr Slight has highlighted that wash water catchpits are placed outside of the sheds on the concrete pads. He presumes that the concrete pads are sloped towards the catchpit, and therefore I seek clarification as to what is to stop rain water falling on the pad entering the wash water system. The total area of the concrete pads is large enough that even a small storm event could potentially overwhelm the wash water system. b. Clarify whether wash down cycles will only be staggered and that it is unlikely that multiple sheds will be washed down simultaneously. Reason: The wash water system has been designed on the basis that the wash water flows are evenly distributed throughout the year. Mr Slight understands from the reports that Tegel stagger the cycles of all the sheds. If that is the case then Mr Slight has concluded that the design makes sense. Therefore I seek clarification as to whether there would be occasion for Tegel to wash down more than one shed at a time which may overwhelm the capacity of the system. c. Assess whether it is necessary to increase the irrigation area if a reserve area is not set aside for catch-up irrigation runs. Reason: Mr Slight has highlighted that the irrigation field has been sized based on the average daily rate. Storage tanks have been designed to cater for when irrigation cannot or does not occur. If disposal was to continue again after a period of zero disposal at the designed average rate then the stored water volumes would not decrease. Therefore I seek clarification as to whether the purpose of the irrigation reserve area is for enabling greater daily disposal volumes to reduce the storage volumes, or whether it is for redundancy purposes, for instance, if an irrigation field was unusable due to blockages. If it is just for redundancy, Mr Slight has queried whether it is worth increasing the disposal area for catch-up runs. d. Assess the ability of the agricultural waste to meet permitted activity criteria of the Regional Water and Soil Plan, specifically the ability of the discharge to meet permitted activity criteria 16.1 (g) in regards to odour. Further, what consideration has been given to the proposed storage increasing the anaerobic activity (and therefore odour) of the wastewater? Reason: The effects of the discharge of agricultural waste have been too briefly discussed specifically the ability of the discharge to meet permitted criteria 16.1 (g) in regards to odour. Depending on the method of discharge (i.e., via K-line irrigation) it may increase the ability of the odour to leave the property.

5 4 Technical Report E Air Quality Impact Assessment Council commissioned Beca Limited (Beca) to review the air quality impact assessment provided with the AEE, which is attached. Beca agrees with the overall conclusions of the AEE. Beca has made some recommendations regarding the operation. Any comments on Beca s conclusions, specifically Section 5 - Conclusion, are welcome, but not expected as part of this Section 92(1) request. a. Beca has recommended that conditions to any consent should include contingency plans as set out in the five bullet points within Section 6 Recommendations. Does the applicant accept these recommendations and will the applicant be able to include contingency plans within an Odour Management Plan? Reason: adoption of contingency plans will ensure that any potential adverse effects arising from any operational failures are properly managed. b. Beca has recommended that sheds are cleaned out using the procedures recommended by Pacific Environment Limited document referred to in the review attached. Does the applicant agree within this statement and to what extent will the applicant be able to adopt the recommended procedures? Reason: the management of the removal and transport of chicken litter will generate odour, it is important to understand how this discharge will be managed and how it will be minimised. c. Beca has recommended that to validate the emissions of PM 10 and SO 2 from the Energy Centre the emissions from the boilers are measured at least once following the commissioning of the boilers. Does the applicant agree with this recommendation and to what extent will the applicant be able to undertake these measurements, please comment on when the earliest opportunity to undertake the validation will be, and the frequency of on-going validations. Reason: The emissions from the Energy Centre are based on specifications given by the manufacturer, the actual emissions should be validated once the Energy Centre is operational. d. Pursuant to Schedule 4 Clause 6(1)(a) provide a description of any possible alternative locations or methods for undertaking the activity. Reason: The assessment concludes that at the seven closest receptors there is a risk that odours could be experienced at a frequency and intensity that may cause significant nuisance. While written approval has been provided from five of these identified receptors and any adverse effects can therefore be disregarded, it has not been obtained from the remaining receptors. It is considered that the effect of odour on these identified receptors is likely to constitute a significant adverse effect on the environment and therefore a consideration of alternative locations or methods for undertaking the activity is required under Schedule 4 Clause 6(1)(a). You are required to respond to the Council within 15 working days from the date of this letter, being Friday, 19 January 2018 in one of following three ways: Provide the further information; or

6 Advise the council in writing that you agree to provide the further information; or Choose this option if you are unable to provide all the further information by the date specified above. Please contact me as soon as possible to discuss an appropriate alternative date. Advise the council in writing that you refuse to provide the further information. If you refuse to provide the further information, the council is required to publicly notify your application. The processing of your application will be placed on hold from the date of this letter to the date of receipt of the further information or, if you refuse to provide the further information, the date the advice of refusal is received by the council. Once the council has received the further information we will proceed with notification of the application as requested. Please note that the council has the ability to decline your application on the grounds that it has insufficient information to determine the application. The requirements outlined above are binding on you being the applicant, as well as on the council. Your opportunity to clarify or question the reasonableness of this further information request occurs within the next 15 working days, not at some later date. To enable all of the applications to be considered together, the processing of this application is also on hold until we receive the additional application. Please contact me should you have any questions. Yours sincerely Jessica Crawford Consents Officer - Generalist DDI: address: jessicac@nrc.govt.nz cc: Attention: Emma Coote, Tegel Foods Limited - emma.coote@tegel.co.nz Attention: Jessica Urquhart, Tonkin & Taylor - jurquhart@tonkintaylor.co.nz

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