Kerry`s Response to Ecology Questions (28 Sept 15)

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Maxine Van Ingen
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Graeme Cooper <Graeme.Cooper@waikatoregion.govt.nz>
Monday, 28 September 2015 2:16 p.m.
Michael Briggs
FW: (61 65 66A) APP135784 - Request for Further Info
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Hi Michael, Kerry’s comments below. Let me know if you need further info. Regards, Graeme Graeme Cooper | Senior Resource Officer | Resource Use Directorate Waikato Regional Council P: +64 7 859 0803
F: +64 7 859 0998 M:+64 21 408 397 PO Box 4010, Hamilton East, Hamilton 3247 Please consider the environment before printing this email From: Kerry Borkin [mailto:Kerry.Borkin@wildlands.co.nz]
Sent: Friday, 18 September 2015 1:47 p.m.
To: Graeme Cooper
Subject: RE: (61 65 66A) APP135784 - Request for Further Info
Hi Graeme In response to the following comments: “In relation to Kerry Borkin’s comments, we have identified that we were unable to survey for bats earlier this year for a number of reasons and intend to survey prior to construction. The monitoring equipment was simply not available. Kerry and John Turner agree that the presence of bats cannot be discounted until a survey is carried out. My understanding is that bat surveys should only be done between November and April as bat activity reduces during the colder months, which affects the reliability of the results. In order to progress with the consent applications, I consider that a survey and Bat Mitigation Plan (if warranted) can be required as condition of consents.” In reality the presence of bats cannot be discounted using acoustic surveys as such, rather than “until a survey is carried out”. On the contrary, it is likely that at least long‐tailed bats are present in the landscape either within or nearby the project footprint. Consequently, surveys are required to confirm the presence of bats within or nearby the project footprint. Should WRC wish to take the approach suggested by the applicant, then it is recommended that a condition is applied requiring at a minimum one survey, for which the methodology and input is approved by WRC, and takes place prior to any works, enabling or otherwise, occurring. Given that this would be the first survey undertaken for this project and subsequent surveys 1
and/or monitoring may be required as part of a Bat Management Plan, this survey could form part of baseline monitoring to investigate the impact of the project on bats. The survey therefore should be designed with future monitoring in mind. It is suggested that power analyses be required on which to base the monitoring design. A Bat Management Plan that includes, for example, mitigation measures such as tree removal protocols, and predator control, as well as monitoring requirements, should be required as part of the consent conditions. Please feel free to contact me with any further queries Best wishes Dr Kerry Borkin Fauna Ecologist, Specialist in bat ecology Wildland Consultants Ltd Mobile 021 391 745 Email Kerry.Borkin@wildlands.co.nz Web www.wildlands.co.nz Wildlands offices are located in Rotorua, Auckland, Hamilton, Tauranga, Turangi, Whakatane, Wellington, Christchurch, Dunedin Providing outstanding ecological services to sustain and improve our environments From: Graeme Cooper [mailto:Graeme.Cooper@waikatoregion.govt.nz]
Sent: Thursday, 17 September 2015 12:55 p.m.
To: Kerry Borkin
Subject: FW: (61 65 66A) APP135784 - Request for Further Info
Hi Kerry, Opus have responded to your review of the Longswamp app below. Could you please confirm your further info requirements including: a acoustic survey is required, and if bats are found to be present, a BMP is to be provided. Opus comments re Proposed Regional Policy Statement section 11A are applicable to consideration of effects but not to the extent Michael has stated. I agree that the section 11A requirement that areas of significant indigenous biodiversity created and subsequently maintained for or in connection with artificial structures applies to the existing road; land within the existing designation is subject to this requirement. Link to PRPS below. Land within the extension to the existing designation is not subject to this requirement. Bat habitat may extend over land within the existing designation and extension? We need to take this into account in our response to Opus. Will call you later. Regards Graeme Link to PRPS: http://www.waikatoregion.govt.nz/PageFiles/6777/Proposed_Waikato_Regional_Policy_Statement_update_Septe
mber_2015_for_consent_orders_and_stat.pdf From: Michael Briggs [mailto:michael.briggs@opus.co.nz]
Sent: Wednesday, 16 September 2015 4:43 p.m.
To: Graeme Cooper
Subject: RE: (61 65 66A) APP135784 - Request for Further Info
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Hi Graeme Thank you for your further information request, but I have a few questions. As your request refers to large sections of your specialist reviews and some of those reviews discuss/recommend that some matters can be dealt with as conditions of consent, it is unclear the specific information you are requesting. Ecology 1. Can you please confirm the specific information required? The majority of Bruce MacKay’s comments relate to the significance of habitat. Section 5.1.2 of the Ecological Assessment identifies that the significance assessment was undertaken in accordance with the Proposed Regional Policy Statement (PRPS) and the criteria for determining significance of indigenous biodiversity (Section 11A) specifically excludes areas created and subsequently maintained for or in connection with artificial structures (unless they have been created specifically or primarily for the purpose of protecting or enhancing biodiversity). The vegetation is on features created for and subsequently maintained in connection with road, which is an artificial structure and are therefore excluded from the application of the significant indigenous biodiversity criteria. Management plans could be conditions of consent if required. In relation to Kerry Borkin’s comments, we have identified that we were unable to survey for bats earlier this year for a number of reasons and intend to survey prior to construction. The monitoring equipment was simply not available. Kerry and John Turner agree that the presence of bats cannot be discounted until a survey is carried out. My understanding is that bat surveys should only be done between November and April as bat activity reduces during the colder months, which affects the reliability of the results. In order to progress with the consent applications, I consider that a survey and Bat Mitigation Pan (if warranted) can be required as condition of consents. It is our opinion the level of investigation, assessment and investigation (excluding long‐tailed bats, for which further survey is to be undertaken) is adequate and appropriate for the nature and scale of effects this Project. It appears to me that the reviewers have not taken into account that this is in essence a road widening project, affecting vegetation and habitats associated with the existing road structures, which are excluded from assessment under the Region’s significant indigenous biodiversity criteria. Erosion & Sediment Control Plans 2. Can you please confirm whether any information is required? The reviewers raise 6 issues, but conclude that “provided the issues identified above are appropriately conditioned, that the earthworks operations will be undertaken in accordance with ‘Best Practice’ and the effects of sedimentation will be appropriately mitigated”. They recommend that consent is granted subject to such conditions. Therefore, I consider that the not further information is required. Contamination 3. Can a DSI and site remedial action plan (if required) be conditioned? Previous sections of the Expressway included such conditions prior to construction. Once you have confirmed the specific information required, we can form a plan to provide the information. Please let me know if you or your specialists have any questions. Yours sincerely, 3
Michael Briggs | Senior Resource Management Planner | Opus International Consultants Ltd Phone +64 7 858 6721 | Mobile +64 21 229 0485 | Fax +64 7 838 9324 | Email Michael.Briggs@opus.co.nz Opus House, Princes Street, Hamilton 3204, New Zealand
Private Bag 3057, Waikato Mail Centre, Hamilton 3240, New Zealand Visit us online: www.opus.co.nz
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