Applicants' fourth Draft Te Waikoropupū Springs and the Arthur Marble Aquifer Water Conservation Order

Similar documents
FONTERRA LIMITED. SUBMISSION ON A DRAFT WATER CONSERVATION ORDER for TE WAIKOROPUPŪ SPRINGS and ASSOCIATED WATERBODIES

PLANNING ASSESSMENT SHEET: FARMING ACTIVITY IN HINDS/HEKEAO CATCHMENT

Water Conservation Order: Te Waikoropupū Springs and Associated Waterbodies

3 Objectives 3 Ob jec tives

Legislative and Policy Framework

Submission in Support of Water Conservation Order By Klaus Thoma Soil Scientist 347 East Takaka Rd RD1 Takaka, 7183

We thank the HBRC for the opportunity to comment on the draft Plan Change 6 and also to present our submission in person to any hearing convened.

Under the Resource Management Act 1991

REPORT. Report No: 2013/0958 Prepared For: Natural Resources Committee Prepared By: Dean Olsen, Environmental Resource Scientist Date: 11 July 2013

Takaka Freshwater and Land Advisory Group

PLANNING ASSESSMENT SHEET: FARMING ACTIVITY IN RED ZONE

The aims of the Kaipara River Catchment Water Allocation Strategy are:

Water Conservation Order: Te Waikoropupū Springs and associated water bodies

B7. Toitū te whenua, toitū te taiao Natural resources

National Policy Statement for Freshwater Management. National Environmental Standard on Ecological Flows and Water Levels

E2. Water quantity, allocation and use

Schedule 9 Water Quality Classification Standards and Criteria

Superseded 7 September 2017

Executive summary. Introduction. Summary of top findings

1. RESOURCE MANAGEMENT STRATEGY

National Policy Statement for Freshwater Management Amendment Order 2017

Water Quality in the Waihopai Catchment

Draft Te Waikoropupū Springs and the Arthur Marble Aquifer Water Conservation Order

Report of the National Objectives Framework Reference Group

Maniapoto Clean-Up Priorities Project. Ā muri kia mau ki tēnā, kia mau ki te kawau mārō, whanake ake, whanake ake

1 Introduction The Plan. 1.2 Plan Coverage

Guide. Preparing a resource consent application to take surface water, including replacing a deemed permit

REPORT BY CHANCERYGREEN (INDEPENDENT FACILITATORS) REGARDING EXPERT CONFERENCING

S e c t i o n B i o d i ve r s i t y

Proposed Change 5 Land and freshwater management. Hawke's Bay Regional Resource Management Plan

5.2 Discharges to water and land

Relevant objectives and policies

National Policy Statement for Freshwater Management 2014

E1. Water quality and integrated management

Programs to Resolve Agricultural Water Quality Issues the Kiwi Perspective. Tom Cochrane University of Canterbury, New Zealand

Integrating tikanga into resource management law reform

AND STATEMENT OF EVIDENCE OF RICHARD JOHN MATTHEWS

SECTION 12.1 HERETAUNGA PLAINS UNCONFINED AQUIFER RESOURCE MANAGEMENT UNIT

Monitoring Plan. The following section provides information related to:

PROPOSED VARIATION NO. 69

AS PROPOSED THROUGH THE CLEAN WATER DISCUSSION DOCUMENT 2017

Interim Global Stormwater Consent. Wet Weather Monitoring Report for the period May 2013 April 2014

5 Contaminated Sites

In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC- Henley Downs Land Holdings Limited. Appellant. Otago Regional Council

What you need to know about the TANK Group and its Plan Change for the Tutaekurī, Ahuriri, Ngaruroro and Karamū catchments

AND STATEMENT OF EVIDENCE OF RICHARD JOHN MATTHEWS

DOCDM- 7 December Dear Sir/Madam PROPOSED GISBORNE FRESHWATER PLAN. Proposed Plan. Yours sincerely

Wāhi Tuarima Part 5 Ngā take ā-rohe me ngā kaupapa Regional issues and policy

Resource Consent Certificate

Comhairle Contae Choreai Cork County Council

CON 509: APPLICATION FOR A RESOURCE CONSENT UNDER THE RESOURCE MANAGEMENT ACT 1991

Appendix 2 Screening of Keewatinoow Construction Camp Waste Water Effluent Discharge to Creek Fourteen

Takaka Catchment. Flow & Water Quality Scenario Modelling. Julian Weir Andrew Fenemor Joseph Thomas

Land use & water quality project Hurunui case study area

Contents GR Geothermal Resources... 1

A Cultural Health Index for Streams and Waterways: A tool for nationwide use

Changes made to the National Policy Statement for Freshwater Management 2014 in the 2017 Amendment

Key Event Date Notified Date Decision Released Date Operative. Regional Plan: Coast 1 July May September 2001

Maitland Valley WATERSHED

Kopuaranga River. Draft policy preferences for feedback managing water flows and levels. Water use characteristics. Key issues and drivers

15 Schedule of characteristics and numerical limits and targets for good quality water in Otago lakes and rivers

It has been over two years since numeric nutrient

OPERATIVE STATUS and SEAL OF THE COUNCIL

FORM C: OTHER MATTERS

Improving the River Petteril Online Story Map featuring a case study in catchment management

MassDEP Water Quality Monitoring in the Merrimack Watershed: Therese Beaudoin MassDEP Division of Watershed Management

S e c t i o n S u b d i vision

FEEDBACK ON THE NPS FRESHWATER MANAGEMENT 2014: DRAFT IMPLEMENTATION GUIDE NEW ZEALAND FRESHWATER SCIENCES SOCIETY

Prepared by Christchurch City Council, P.O. Box 73013, Christchurch. Submission by Avon-Ōtākaro Network, 9 Stable Way, Christchurch 8051

Proposed New 18 CFR Part Hydraulic Fracturing in Shale and Other Formations:

In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC- Real Journeys. Appellant. Otago Regional Council.

Whangamarino wetland - Outline for Collaborative Stakeholder Group discussion

Section 32 report: Aquatic ecosystems for the Proposed Natural Resources Plan for the Wellington Region

Ambient Water Quality Objectives For The Tributaries To Okanagan Lake Near Kelowna

CON 508: APPLICATION FOR A RESOURCE CONSENT UNDER THE RESOURCE MANAGEMENT ACT 1991

Analyses for geochemical investigations traditionally report concentrations as weight per volume of the measured ions (mg/l of NO 3 , NO 2

Lecture 1 Integrated water resources management and wetlands

1 General questions on zone and catchment management plans

Managing Water Resources in Grand Teton National Park

Manitoba Water Quality Standards, Objectives, and Guidelines Dwight Williamson, Manager Water Quality Management Section Manitoba Conservation

New Zealand Coastal Policy Statement 2010

Sustainable management of Christchurch's waterways and wetlands using stormwater soakage disposal

CHAPTER 22: AQUACULTURE

In the Environment Court of New Zealand Christchurch Registry ENV-2018-CHC-

Attachment 3 Regional Plan: Water for Otago

Subwatershed Prioritization of the Lake Wister Watershed Using Baseflow Water Quality Monitoring Data

Freshwater Consultation 2016

Region-wide Water Quantity - Proposed Plan Change 9 to the Bay of Plenty Regional Natural Resources Plan (Clean Copy Version from Operative Plan)

Bay of Plenty Regional Water and Land Plan

subdivision BUSH LIVING ENVIRONMENT ASSESSMENT CRITERIA RULES

Delivering Freshwater Reform

NEW ZEALAND KING SALMON

MEMORANDUM OF COUNSEL FOR THE ENVIRONMENTAL DEFENCE SOCIETY INC. REPLY TO PROPOSED AMENDMENTS TO RULE TT1(j)

National Policy Statement for Freshwater Management 2011: Implementation Guide

Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2016

Sandies Creek Watershed

Irrigation. Branch. Crowfoot Creek Watershed Study. Why was this study conducted? How was this study conducted?

A smaller 7.65MW wind farm at Mount Stuart, comprising 9 turbines with a maximum height of 75- metres, was also constructed in 2011.

Review and evaluation of cultural monitoring approaches in New Zealand

Summary of Basin Characteristics and Facilities. General Land-use Characteristics: Withdrawal and Discharge Sites: Sampling Site Statistics:

Transcription:

Applicants' fourth Draft Te Waikoropupū Springs and the Arthur Marble Aquifer Water Conservation Order v1 April 2017 v2 March 2018 v4 4 May 2019 Comment [AL1]: Applicants v 4 changes highlighted in light blue NB: comment boxes are explanatory only 1. Title This order is the Water Conservation (Te Waikoropupū and the Arthur Marble Aquifer) Order 2015. 2. Commencement This order comes into force on the 28th day after the date of its notification in the New Zealand Gazette. 3. Interpretation In this order, unless the context otherwise requires: Act means the Resource Management Act 1991. Waters means the aquifers, springs, rivers and tributaries identified in Schedules 1, 2 and 3 and any hydraulically connected groundwaters and wetlands. Arthur Marble Aquifer means the aquifer identified in Schedule 1 underlying the Takaka Valley, South Island, New Zealand. Te Waikoropupū Springs means the Main Spring, Dancing Sands Spring and Fish Creek Springs identified in Schedule 2. Takaka River and its Tributaries means the Takaka River and all its tributaries within the catchment identified in Schedule 3. 16005411/ 3432956 1

4. Outstanding characteristics, features and values The waters identified in Schedules 1, 2 or 3 include or contribute to, to the extent specified in Schedules 1, 2 or 3, the following outstanding characteristics and features: a. significance in accordance with tikanga Māori in respect of Ngāti Tama ki Te Tau Ihu and other manawhenua iwi (Te Atiawa and Ngati Rarua) history, kaitiakitanga, mahinga kai, wahi tapu, wahi whakahirahira and customary protection of flora and fauna b. cultural and spiritual purposes c. visual clarity values d. scientific and ecological values e. biodiversity values f. habitat for indigenous stygofauna g. habitat for indigenous fauna h. habitat for indigenous flora i. recreational values j. wild, scenic and natural characteristics 5. Waters to be preserved in natural state Because of the outstanding characteristics, features and values identified in Schedule 1 and the contribution made to waters supporting outstanding characteristics, features and values, to the waters identified in Schedule 2, the waters specified in Schedule 1 are to be retained as far as possible in their natural state, including but not limited to the clarity and quality of the waters, and in accordance with the relevant conditions in clauses 8 and 9, subject to clauses 10, and 11 and 12. 6. Waters to be protected for their outstanding characteristics, features and values Because of the outstanding characteristics, features and values identified in Schedule 2, the waters identified in Schedule 2 are to be protected so far as is possible in their natural state and in accordance with the relevant conditions in clauses 8 and 9, subject to clauses 10, and 11 and 12. 16005411/ 3432956 2

7. Waters to be protected for contribution to outstanding characteristics Because of their contribution to outstanding characteristics, features and values identified in Schedules 1 and 2, the waters specified in Schedule 3 are to be protected in accordance with the relevant conditions in clauses 8 and 9 subject to clauses 10, and 11 and 12. 8. Restrictions on alterations of aquifer depth and form No resource consent may be granted or rule included in a regional plan that a. Will result in reduction of the cause the flow of groundwater from Te Waikoropupu Springs discharge zone to fall below its natural mean annual low flow width of the active floodplain of the Arthur Marble Aquifer or any other hydraulically connected aquifer. b. Will authorise any additional abstraction of groundwater from any part of the Arthur Marble Aquifer as specified in Schedule 1 not already authorised by an implemented resource consent at the time this Order comes into force. c. Will authorise any additional abstraction of groundwater from any part of the Te Waikoropupū Springs discharge zone as specified in Schedule 2 not already authorised by an implemented resource consent at the time this Order comes into force. d. Will authorise any additional abstraction of water from any river or stream that contributes to the recharge of the Arthur Marble Aquifer, unless the abstraction point is downstream of the recharge zone part of the Takaka River and its tributaries as specified in Schedule 3, not already authorised by an implemented resource consent at the time this Order comes into force. 9. Requirement to protect water quality a. No resource consent may be granted or rule included in a regional plan relating to the point or diffuse discharge of contaminants into water, or onto land in instances where it may enter waters that recharge the Arthur Marble Aquifer and contribute to the flow of Te Waikoropupu Springs, specified in Schedules 1, 2, and 3, that will cause, either by itself or in combination with any existing consents, activities or rules the limits specified in Schedule 4 16005411/ 3432956 3

after reasonable mixing or concentration values or the triggers specified in Schedule 5 to be exceeded, b. No resource consent may be granted or rule included in a regional plan relating to the point or diffuse discharge of contaminants into water, or onto land in instances where it may enter waters that recharge the Arthur Marble Aquifer and contribute to the flow of Te Waikoropupu Springs, that will cause, either by itself or in combination with any existing consents, activities or rules any increase in toxicant concentrations from the classes identified in Schedule 5. Comment [AL2]: The limits apply at the springs, so no reference to reasonable mixing required 10. Scope of order a. This order does not limit sections 14(3)(b) and (e) of the Act relating to the use of water for an individual s reasonable domestic needs, or for the reasonable needs of an individual s animals for drinking water, or taken or used for fire-fighting purposes. b. Subject to sub-clause (10)(c), this Order does not restrict or prevent the grant of resource consents or inclusion of a rule in a regional plan for the purpose of: i. research into, and protection or restoration, rehabilitation or enhancement of, water quality, cultural, spiritual and tikanga Māori values, wildlife and wildlife habitats; or ii. iii. the removal, maintenance or protection of any road, ford or bridge, the maintenance or protection of any network utility operation (as defined in section 166 of the Act); or the protection of human or animal health. c. No resource consent may be granted or rule included in a regional plan that would allow activities specified in sub-clause (10)(b) if exercise of any such resource consent or rule would compromise the protection of the outstanding characteristics and features identified for the waters specified in the Schedules. 11. Exemptions 16005411/ 3432956 4

Nothing in this Order prevents the grant of a resource consent that would otherwise contravene conditions set out in this Order if: a. a consent authority is satisfied that: i. there are exceptional circumstances justifying the grant of a permit; or ii. iii. the consent is for an activity that is associated with necessary maintenance works for works and structures not otherwise prohibited by this Order; or the consent is for discharge of herbicides for control of pest plants, excluding herbicides that might give rise to a breach of the Schedule 5 limits; and b. the exercise of any such consent would not compromise the protection of the natural state, outstanding characteristics and features identified for the waters specified in the Schedules. 12. Existing consents a. Nothing in this Order shall affect or restrict any resource consent granted and implemented prior to this Order coming into force in respect of the protected waters. a.b. In respect of resource consents to take water held at the date this order comes into force (existing consents) this order does not prevent the granting of further resource consents (further resource consents) for the same volumes, discharge rates, rate of take and minimum flow restrictions, on the expiry or surrender of the existing consents. The same exclusion applies on the expiry or surrender of the further resource consents. 13. Specific exemptions for the Cobb Hydro-Electric Power Scheme Nothing in this Order shall affect or restrict: a. the exercise of any resource consent for the Cobb Hydro-Electric Power Scheme in effect at the date this Order comes into force; b. the granting or variation of any resource consents for the continued operation or maintenance of the Cobb Hydro-Electric Power Scheme, provided that any resource consents are made subject to similar terms and conditions as apply to any resource consent authorising the scheme at the date this Order comes into force; Comment [AL3]: The v 4 addition incorporates TPs wording, but adds additional specific restrictions in respect of flow and water quality to clauses (d) and (e) 16005411/ 3432956 5

c. the making of a rule in a regional plan authorising the continued operation or maintenance of the Cobb Hydro-Electric Power Scheme, provided the terms of the rule have the same or similar effect as any rule or resource consent authorising the scheme as at the date this Order comes into force; d. the granting or variation of resource consents authorising the development, or material changes to the operation, configuration or maintenance, of the Cobb Hydro-Electric Power Scheme, provided: i. the flow of groundwater from Te Waikoropupu Springs discharge zone is not reduced; ii. the water quality in the Arthur Marble Aquifer and Te Waikoropupu Springs is maintained; iii. the outstanding characteristics, features and values recorded in clause 4 are recognised and sustained; e. the making of a rule in a regional plan authorising the development, or material changes to the operation, configuration or maintenance, of the Cobb Hydro-Electric Power Scheme, provided: i. the flow of groundwater from Te Waikoropupu Springs discharge zone is not reduced; ii. the water quality in the Arthur Marble Aquifer and Te Waikoropupu Springs is maintained; iii. the outstanding characteristics, features and values recorded in clause 4 are recognised and sustained. 16005411/ 3432956 6

Schedule 1 Waters to be retained in Natural State Waters Outstanding Characteristics or Features and contribution to outstanding characteristics and features Conditions to apply Confined and Unconfined Arthur Marble Aquifer, refer to map below Intrinsic values afforded by natural state Significance in accordance with tikanga Māori Cultural and spiritual purposes values Biodiversity Habitat for stygofauna Habitat for indigenous wildlife Ecosystem services Wild characteristics Natural characteristics water quality and clarity Scientific and ecological values water quality and clarity Natural state No abstraction with the exception of cl12 cl 8 (existing consents) Water quality (cl 109) Comment [AL4]: Cross reference error corrected Comment [AL5]: Cross reference error corrected 16005411/ 3432956 7

Schedule 2 Protected waters Waters Outstanding Characteristics or Features Conditions to Apply Te Waikoropupū Springs, refer map below Significance in accordance with tikanga Māori Cultural and spiritual purposes values Amenity and intrinsic values Biodiversity Habitat for indigenous wildlife Recreation Scenic characteristics Scientific and ecological values water quality Abstraction (cl 8) Maintain Spring flow form quantity(cl 8) Spring water quality (cl 9) 16005411/ 3432956 8

Schedule 3 Waters to be protected for their contribution to outstanding characteristics Waters Contribution to Outstanding Characteristics or Features Conditions Apply to Takaka River to its headwaters; and its the surface water tributaries as shown in the Takaka River Basin on Figure 1,tributaries, including the Waingaro, Anatoki, and Waikoropupū Rivers, refer map below Contribution to: significance in accordance with tikanga Māori cultural and spiritual purposes values habitat for wildlife recreation scientific and ecological values water quality, and clarity Abstraction (cl 8) Flood plain form (cl 8) Spring water quality (cl 9) 16005411/ 3432956 9

Hydraulically connected groundwater to the waters specified in Schedule 2 not identified in Schedule 1 including those parts of the Takaka Limestone Aquifer and Takaka Unconfined Gravel Aquifer that lie in the recharge zone of the Arthur Marble Aquifer, being upstream of the artesian boundary ( refer maps below ) Contribution to: significance in accordance with tikanga Māori cultural and spiritual purposes habitat for wildlife recreation scientific and ecological values water quality, and clarity abstraction (cl 8) Spring water quality (cl 9) 16005411/ 3432956 10

Second Draft to be deleted 16005411/ 3432956 11

16005411/ 3432956 12

Old figure 1 below to be deleted. Figure 1 16005411/ 3432956 13

Figure 2 16005411/ 3432956 14

Figure 3 16005411/ 3432956 15

Figure 4 16005411/ 3432956 16

Figure 5 16005411/ 3432956 17

Schedule 4 Water Quality Limits Indicator Soluble inorganic nitrogen (SIN) (nitrate + nitrite + ammoniacal N) Nitrate-nitrogen (notes 1, 2) Ammoniacal nitrogen (notes 1, 3) Dissolved reactive phosphorus (DRP) (notes 1, 4) Escherichia coli (E. coli) - year round limits Dissolved oxygen concentration (notes 1, 5) Clarity (horizontal visibility of a black disc) Limits Takaka River and its Te Waikoropupū Springstributaries NO 3 -N concentrations do not exceed 0.4 mg NO 3 -N/Litre 0.40 0.50 mg/l 0.55 0.44mg NO 3 -N/L Shall not exceed 0.05 mg/l 0.015 mg NH 4 -N/L Concentration to not increase above status quo 0.006 0.010mg/L 0.010 mg/l concentration to not increase above status quo 1/100ml Water discharging from the springs contains at least 6.0 mg/l of dissolved oxygen 45 50% saturation. 45% saturation Clarity to not decrease from status quo below an average black-body visibility (or equivalent) of 63 m. [ 68m (5th percentile); or (b) 73m (median) Comment [AL6]: On the principled basis that the NPS Freshwater directs no degradation of water quality, and in order to take a precautionary approach Comment [AL7]: Based on Dr Fenwick and Ms Cohen, JWS 27 April 2018 [Additional values proposed in v 3 removed subsequent to JWS 27 April] Unless otherwise stated, compliance with the limit should be assessed from monthly data collected an annual median of monthly samples under all flow conditions. 1. Compliance assessment based on annual median of monthly monitoring samples. 2. Chemical analysis of nitrate (NO 3) + nitrite (NO 2), with minimum detection of 0.002 mg/l (equivalent to g/m 3 ). a. Based on ph of 8 and temperature of 20 ºC; minimum detection limit 0.010 mg/l. 3. Analysis with minimum detection limit of 0.004 mg/l. 16005411/ 3432956 18

4. Field measurement with calibrated instrument, detection limit 0.5 mg/l. 5. Compliance limit, frequency of sampling and method/instrumentation to be determined after review of NIWA report. 16005411/ 3432956 19

Schedule 5 Toxicant Classes Metal and Metalloids Non-metallic inorganics Organic Alcohols Chlorinated alkanes Anilines Aromatic hydrocarbons Phenols Xylenols Organic Sulfur compounds Phthalates Industrial chemicals Organichlorine pesticides Organophosphorus pesticides Carbamate and other pesticides Pyrethroids Herbidicides and Fungicides Surfactants Oils and Petroleum Hydrocarbons Oil Spill Disperants 16005411/ 3432956 20