SUBMISSION FORM Tukituki Catchment Proposal Submission Form This submission form is for the Tukituki Catchment Proposal. The Proposal includes the Hawke’s Bay Regional Council’s (HBRC) Proposed Plan Change 6 to the Hawke’s Bay Regional Resource Management Plan (RRMP) called in by the Minister for the Environment and the Minister of Conservation, and a notice of requirement and applications for 17 resource consents lodged with the Environmental Protection Authority (EPA) by the Hawke’s Bay Regional Investment Company Ltd (HBRIC Ltd) for the Ruataniwha Water Storage Scheme (RWSS). Proposed Plan Change 6, the notice of requirement and the applications for the 17 resource consents are collectively referred to as ‘the matters’. The Proposed Plan Change 6 seeks to address specific water allocation and water quality issues in the Tukituki River Catchment. The applications for the RWSS are for the construction, operation and maintenance of: a dam/storage reservoir on the Makaroro River; a small (6.5 megawatt) hydro-electric generation plant; and intakes, headrace canals, pipelines and outfalls together creating a water distribution network on the Ruataniwha Plains (within the Tukituki Catchment). The RWSS applications also include: beach nourishment near the mouth of the Tukituki River; planting and associated works within a flood control scheme area; and the use of production land facilitated by irrigation. The notice of requirement is for a new designation providing for the primary distribution system headrace canal and pipelines forming part of the RWSS. How to make a submission You can submit using the online submission form available at www.epa.govt.nz/Resource-management/tukituki or by using this form printed off to mail in as a hard copy. You must fill in all parts of this form and mark (X) in the boxes relevant to your submission. Your submission must be received by the EPA before 5.00 pm, Friday 2 August 2013. You must also send a copy to Hawke’s Bay Regional Council, as representative for the applicants when you send your submission to the EPA. If you have already made a submission to HBRC on Proposed Plan Change 6 as notified by HBRC on 4 May 2013, this submission will be treated as having been made to the EPA. However, if you want to make an additional submission and/or you wish to make a submission on the any of the matters other than Proposed Plan Change 6 (e.g. the notice of requirement and resource consent applications) you must make a separate submission, either online or using this form. If you have been advised by HBRC that your submission on Proposed Plan Change 6 was late, you may also wish to make a new submission to the EPA to ensure that your views are considered. This form relates to submissions to be made on matters where the Minister for the Environment and Minister of Conservation has made a direction under s142(2) or 147(1)(a) or (b) of the Resource Management Act 1991. www.epa.govt.nz 2 Tukituki Catchment Proposal Submission Form Where to get help preparing your submission If you have questions about making a submission, or you do not understand this form, please contact the EPA by phone on 0800 577 566 or by email at tukituki.proposal@epa.govt.nz. Alison McEwan from Langley Twigg Law has been appointed as an independent ‘Friend of Submitter’. The Friend of Submitter will hold drop-in sessions and is available to help you with information on the board of inquiry process and making a submission. See the EPA’s website for session times or contact the Friend of Submitter on 0800 020 008 or via email on ame@langleytwigg.co.nz. Who will see your submission? The content of your submission, including personal contact details will be made available to: The EPA Members of the Board of Inquiry The Hawke’s Bay Regional Council and Hawke’s Bay Regional Investment Company Ltd All other submitters, and the Friend of Submitter (if required) It may also be made available to other parties requesting information under the Official Information Act 1982. Privacy statement Your personal information included in Part A of this form, will be held by the EPA, 215 Lambton Quay, Wellington. All information held by the EPA is subject to the Official Information Act 1982. It will be used by the EPA for the administration of the Tukituki Catchment Proposal Board of Inquiry process. Copies of your full submission will be provided to the Board of Inquiry and the applicant, and may also be provided to other parties in the process. Other than your name, your personal contact information will not be published on the EPA website. You have the right to access and correct personal information held by the EPA. Your name, the information in Parts B and C of this form, and any attached information will be published on the EPA website, and made available to members of the Board of Inquiry, the applicants and the public for use in the processing and consideration of the Tukituki Catchment Proposal. Note: If the submitter is a company, full business contact details will be publicly available. July 2013 EPA0237 3 Tukituki Catchment Proposal Submission Form Where to send your submission Your submission must be received by the EPA before 5.00 pm, 2 August 2013, and a copy must also be sent to the HBRC (who will collect submissions on behalf of HBRIC Ltd). You can send your submission to the EPA either by: Online: Use the online submission form available at www.epa.govt.nz/Resource-management/tukituki; Email: tukituki.proposal@epa.govt.nz (if smaller than 10MB) Please include in the subject line: ‘Submission: (your name), Tukituki Catchment Proposal’; Fax: (04) 914 0433. Please include in the subject line: ‘Submission: (your name), Tukituki Catchment Proposal’ In hard copy or on an electronic storage device (if larger than 10MB) either: Posting to: Environmental Protection Authority, Tukituki Catchment Proposal, Private Bag 63002, Wellington 6140. Delivering to: Environmental Protection Authority, Level 10, 215 Lambton Quay, Wellington. You must also send a copy of your submission to HBRC (who will collect submissions on behalf of HBRIC Ltd) when you send your submission to the EPA. You can do this either by: Online: You can select to automatically send the applicant a copy of your submission from the online submission form; Email: helen@hbrc.govt.nz (if smaller than 10MB); Fax: (06) 835 360; In hard copy or on an electronic storage device (if larger than 10MB) by either: Posting to: Hawke's Bay Regional Council, Private Bag 6006, Napier 4142, Attention: Helen Codlin; or Delivering to: in person to Hawke's Bay Regional Council, 159 Dalton Street, Napier, marked for the attention of Helen Codlin. July 2013 EPA0237 4 Tukituki Catchment Proposal Submission Form Part A 1. Submitter details Name of organisation (if relevant): Title: Mr Mrs Miss Ms Dr Other: (Please tick the appropriate title) First name of submitter: Surname of submitter: First name of contact person (if different to above): Surname of contact person (if different to above): Home Ph: Work Ph: Mobile: Fax: Physical Address: Postcode: Postal Address: Postcode: Email: We may need to contact you during or outside of normal business hours. Please ensure that you provide sufficient alternative contact information, and advise the EPA of any changes to your contact information. 2. Are you a trade competitor? If you are a person who could gain an advantage in trade competition through this submission and/or a trade competitor of the applicant, you may only make a submission if you are directly affected by an effect of the change or directly affected by an adverse effect on the environment from the proposal, and that adverse effect does not relate to trade competition or the effects of trade competition. If you think you may be a person who could gain an advantage in trade competition through this submission or you are a trade competitor of the applicant, it is advisable to seek independent legal advice. Proposed Plan Change 6 Please select the appropriate box: I am / We are not a person who could gain an advantage in trade competition through this submission. I am / We are a person who could gain an advantage in trade competition through this submission and I am / We are directly affected by an effect of the change that adversely affects the environment; and does not relate to trade competition or the effects of trade competition. July 2013 EPA0237 5 Tukituki Catchment Proposal Submission Form Ruataniwha Water Storage Scheme Please select the appropriate box: I am / We are not a trade competitor of the applicant/s. I am / We are a trade competitor of the applicant/s and I am / We are directly affected by an effect of (or part of the) the proposal and that effect adversely affects the environment; and does not relate to trade competition or the effects of trade competition. 3. How would you like to receive correspondence? The EPA sends out its correspondence via email because there may be a lot of information to send to you, and we can easily provide links to documents on the EPA’s website. It also reduces environmental impacts. All proposal information, including all hearing details, records and documents, will be publicly available on our website at www.epa.govt.nz/Resource-management/tukituki The EPA will send all information and correspondence including copies of the draft and final reports to the email address that you provided in Part A of this form. If for any reason you cannot receive documents by email please indicate this by marking the box below that provides for paper copies of all information where possible to be sent to you. I / We would like to receive paper copies of all information where possible (including copies of the draft and final reports). Please be aware that if you choose to receive paper copies and wish to speak at the hearing, a lot of information such as evidence, hearing schedules, board directions and reports, will need to be posted to you. It may not be feasible for paper copies to be made available to you in a timely manner (for example, the hearing schedule may change daily during the hearing). July 2013 EPA0237 6 Tukituki Catchment Proposal Submission Form Part B 4. Proposal matters EPA reference Local Authority Type of matter Summary description of matters (see original documentation for the full wording of each of the matters) Proposed Plan Change 6 to the Hawke’s Bay Regional Resource Management Plan NSP 13/02. 001 Hawke’s Bay Regional Council Plan Change Inserts new sections in Chapters 5 (5.9) and 6 (6.9) of the Hawke’s Bay Regional Resource Management Plan specifically relating to the Tukituki River Catchment; and Makes a number of consequent amendments to existing provisions in the Hawke’s Bay Regional Resource Management Plan. Construction, operation and maintenance of Makaroro Dam Structure on the Makaroro River at Wakarara NSP 13/02. 002 Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain a dam on the Makaroro River at Wakarara approximately 35km northwest of Waipawa within the areas shown on Plans 1 – 3 in Schedule 2 forming part of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Water permit and discharge permit to dam, take, divert, use (for the purposes of electricity generation) and discharge water and water-borne sediment to water associated with the operation of the Makaroro Dam at Wakarara approximately 35km northwest of Waipawa within the areas shown on Plans 1 – 3 in Schedule 2 as part of the operation of the Ruataniwha Water Storage Scheme. (HBRC Consent Number: LU120370C) NSP 13/02. 003 (HBRC Consent Number: WP120371M) Construction, operation and maintenance of upstream water intake facilities NSP 13/02. 004 Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain water intake facilities on the true right bank of the Waipawa River near Makaroro Road approximately 4.5km west of State Highway 50 (referred to as the ‘Upstream Water Intake Structure’) within the area shown on Plan 4 in Schedule 2 forming part of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Water permit to divert water and to take up to 11.1 m 3/s of water from the Waipawa River near Makaroro Road approximately 4.5km west of State Highway 50, within the areas shown on Plans 1 and 4 in Schedule 2, and to subsequently take the same water from the water distribution network and to use that water for water supply and for irrigation purposes on production land, as part of the operation of the Ruataniwha Water Storage Scheme, within: The areas located on the Ruataniwha Plains identified as Zones A – D to the west of Waipawa and Waipukurau shown on Plan 8 in Schedule 2 (being properties which are the subject of a Land Use Consent Application for the Use of Production Land to the Hawke’s Bay Regional Council); and Other properties beyond the Consent Application Areas for the Use of Production Land (shown on Plans 8 and 9) which are the subject of an existing Water Permit as shown on Plan 10 in Schedule 2 and as set out (HBRC Consent Number: LU120372C) NSP 13/02. 005 (HBRC Consent Number: WP120373T) July 2013 EPA0237 7 Tukituki Catchment Proposal Submission Form in the list of ‘Existing Water Permit Holders beyond the Land Use Consent Application Area for the Use of Production Land’ in Schedule 3. Construction, operation and maintenance of downstream water intake facilities NSP 13/02. 006 Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain water intake facilities on the true left bank of the Waipawa River near the southern end of Walker Road approximately 1km upstream of the confluence with the Tukituki River (referred to as the ‘Downstream Water Intake Structure’) within the area shown on Plan 5 in Schedule 2 forming part of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Water permit to divert water and to take up to 1.82 m 3/s of water from the Waipawa River near the southern end of Walker Road approximately 1km upstream of the confluence with the Tukituki River, within the areas shown on Plans 1 and 5 in Schedule 2, and to discharge that water into a primary distribution system (being the old Waipawa River bed/Papanui Stream) and to subsequently take the same water from the Zone M Primary Distribution headrace and to use that water for water supply and for irrigation purposes on production land within the area located on the Ruataniwha Plains identified as Zone M to the east of Waipawa as shown on Plan 9 in Schedule 2 (being properties which are the subject of a Land Use Consent Application for the Use of Production Land to the Hawke’s Bay Regional Council), forming part of the operation of the Ruataniwha Water Storage Scheme. (HBRC Consent Number: LU120374C) NSP 13/02. 007 (HBRC Consent Number: WP120375T) Construction, operation and maintenance of the water distribution network NSP 13/02. 008 Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain siphons, pipelines and/or culverts associated with a water distribution network in, on, under, and over (and within 6m of) the beds of the following rivers and streams: – Waipawa River; – Mangaoho Stream; – Kahahakuri Stream; – Ongaonga Stream; – Tukituki River; – Tukipo River; – Makaretu River; – Porangahau Stream; and – Various tributaries to the above rivers and streams, and including the un-named streams at the locations shown on Plan 11 in Schedule 2, forming part of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain the primary headrace canals and pipelines within, and within 6m of, the beds of rivers and streams and emergency overflow/spillway discharges to land and surface water from the primary headrace and pipelines shown on Plan 1 in Schedule 2, forming part of the Ruataniwha Water Storage Scheme. (HBRC Consent Number: LU120376C) NSP 13/02. 009 (HBRC Consent Number: LU120377C) July 2013 EPA0237 8 Tukituki Catchment Proposal Submission Form Construction, operation and maintenance of a water outfall structures NSP 13/02. 010 Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain a water outfall structure on a tributary to the Mangaonuku Stream near Tikokino Road approximately 2km upstream of the confluence with the Waipawa River, within the area shown on Plan 6 in Schedule 2, forming part of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Discharge permit to discharge up to 3 m 3/s of water and any associated contaminants to a tributary to the Mangaonuku Stream via a water outfall structure adjacent to Tikokino Road approximately 2km upstream of the confluence with the Waipawa River, within the area shown on Plan 6 in Schedule 2, forming part of the operation of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Land use consent, water permit, and discharge permit to construct, operate and maintain a water outfall structure on a farm watercourse/drain connecting to the Kahahakuri Stream approximately 2km upstream of the confluence with the Tukituki River, within the area shown on Plan 7 in Schedule 2 forming part of the Ruataniwha Water Storage Scheme. Hawke’s Bay Regional Council Resource consent Discharge permit to discharge up to 0.35 m 3/s of water and any associated contaminants to a farm watercourse/drain connecting to the Kahahakuri Stream via a water outfall structure approximately 2km upstream of the confluence with the Tukituki River, within the areas shown on Plan 7 in Schedule 2, forming part of the operation of the Ruataniwha Water Storage Scheme. (HBRC Consent Number: LU120378C) NSP 13/02. 011 (HBRC Consent Number: DP120379W) NSP 13/02. 012 (HBRC Consent Number: LU120380C) NSP 13/02. 013 (HBRC Consent Number: DP120381W) Use of production land and planting and associated works in Flood Control Scheme area NSP 13/02. 014 Hawke’s Bay Regional Council Resource consent Land use consent for the use of production land pursuant to section 9(2) of the Resource Management Act 1991 within the Tukituki River catchment facilitated within the Ruataniwha Water Storage Scheme (a Community Irrigation Scheme) Area identified as Zones A – D to the west of Waipawa and Waipukurau and as Zone M to the east of Waipawa on Plans 1, 8 and 9 in Schedule 2. Hawke’s Bay Regional Council Resource consent Land use consent for plantings and associated works within the Upper Tukituki Flood Control Scheme area as proposed in the report: ‘Ruataniwha Water Storage Project: Proposed Integrated Mitigation and Offset Approach’ forming part of Part C – Assessment of Environmental Effects of the Ruataniwha Water Storage Scheme Resource Consent Application Suite. Resource consent Coastal permit for the deposition of up to 3,400m3 per annum of sediment in the Coastal Marine Area for beach nourishment purposes in the areas to the north and south of the mouth of the Tukituki River shown on Plan 12 in Schedule 2. (HBRC Consent Number: LU120382L) NSP 13/02. 015 (HBRC Consent Number: LU120388P) Beach nourishment NSP 13/02. 016 Hawke’s Bay Regional Council (HBRC Consent Number: CD120400D) July 2013 EPA0237 9 Tukituki Catchment Proposal Submission Form Notice of Requirement and resource consents within the Central Hawke’s Bay and Hastings Districts NSP 13/02. 017 NSP 13/02. 018 NSP 13/02. 019 Central Hawke’s Bay District Council Notice of requirement Notice of Requirement for a designation to provide for the primary distribution system headrace canal and pipelines within Zones A-D associated with the Ruataniwha Water Storage Scheme. Central Hawke’s Bay District Council Resource consent Land use consent for all uses of land associated with the construction, operation and maintenance of: – A water storage dam and the part of the associated reservoir within the Central Hawke’s Bay District on the Makaroro River at Wakarara approximately 35km northwest of Waipawa including facilities for the generation of electricity and an associated transformer; – Two water intake structures adjacent to the Waipawa River; – A water outfall structure adjacent to the Mangaonuku Stream; – A water outfall structure adjacent to the Kahahakuri Stream; and – All associated works, earthworks (including gravel extraction), vegetation clearance, construction of roads and tracks, structures, proposed plantings, storage and use of hazardous substances, and ancillary activities to the extent required by the Central Hawke’s Bay District Plan (including but not limited to the modification of Areas of Significant Nature Conservation Value) within the Central Hawke’s Bay District, Within the areas shown on Plans 1 – 7 in Schedule 2 and more fully described in Part C – Assessment of Environmental Effects of the Ruataniwha Water Storage Scheme Resource Consent Application Suite (including the Project Description), but excluding the primary distribution system headrace canal and pipelines which is the subject of a Notice of Requirement in Part B of the Ruataniwha Water Storage Scheme Resource Consent Application Suite. Hastings District Council Resource consent Land use consent for the establishment and operation of part of a water reservoir on, and in the vicinity of, the Makaroro River within the Hastings District north of Wakarara (adjacent to the boundary of the Hastings and Central Hawke’s Bay Districts) approximately 35km northwest of Waipawa within the areas shown on Plans 1 and 2 in Schedule 2, and including all earthworks and mining, vegetation clearance, construction of roads and tracks, proposed plantings, and other associated works and ancillary activities within the Hastings District, more fully described in Part C – Assessment of Environmental Effects of the Ruataniwha Water Storage Scheme Resource Consent Application Suite (including the Project Description). July 2013 EPA0237 10 Tukituki Catchment Proposal Submission Form 5. What is your position on the application? You can either comment on Proposed Plan Change 6 and/or the Ruataniwha Water Storage Scheme (RWSS) as a whole, as applicable (go to sections 5.1 and 5.2), or on specific parts of the proposal (go to section 5.3). 5.1. Comment on Proposed Plan Change 6 Indicate your position on Proposed Plan Change 6 by ticking the appropriate boxes below: I support the proposal OR I am neutral on the proposal OR I oppose the proposal Brief reason If you require further space, please attach additional pages as appropriate. 5.2. Comment on the Ruataniwha Water Storage Scheme Indicate your position on the Ruataniwha Water Storage Scheme by ticking the appropriate boxes below: I support the proposal OR I am neutral on the proposal OR I oppose the proposal Brief reason If you require further space, please attach additional pages as appropriate. If you have a range of opinions on the proposal (that is, you support the proposal in part and/or oppose the proposal in part and/or are neutral on the proposal in part) go to section 5.3 (next page) July 2013 EPA0237 11 Tukituki Catchment Proposal Submission Form 5.3. Comment on specific parts of the Tukituki Catchment Proposal I have a range of opinions on the proposal (fill out the table below): Note: You do not have to complete this page unless you wish to express a range of opinions. Make sure you identify your comments with the EPA reference number from the matters listed in section 4 of this form e.g. NSP 13/02. 001. EPA reference number: Position Support Support in part Neutral Oppose in part Oppose Support Support in part Neutral Oppose in part Oppose Support Support in part Neutral Oppose in part Oppose Brief reason EPA reference number: Position Brief reason EPA reference number: Position Brief reason If you require further space for any of these matters or for comments, please attach additional pages as appropriate. Please ensure you indicate (using the EPA reference number) the matter to which the further information relates. July 2013 EPA0237 12 Tukituki Catchment Proposal Submission Form 6. Proposal decision sought Proposal decision sought – Proposed Plan Change 6 Please indicate what decision you would like the Board of Inquiry to make. Approve Reject Approve with changes (please describe the changes you would like below) No view Other (please describe the decision you would like below) Brief reason including the general nature of any changes sought Proposal decision sought – Ruataniwha Water Storage Scheme Please indicate what decision you would like the Board of Inquiry to make. Grant Decline Grant with amended conditions (please describe the changes you would like below) No view Other (please describe the decision you would like below) Brief reason including the general nature of any conditions sought July 2013 EPA0237 13 Tukituki Catchment Proposal Submission Form Part C 7. Do you wish to speak at the hearing? All submissions will be considered by the Board of Inquiry. As a submitter you may speak about your submission at the hearing. You need to advise us if you are intending to speak. The hearing is open to the public, and anyone is welcome to attend to listen. If you indicate on your submission that you do not want to speak at the hearing, you will not receive further correspondence from the EPA until the draft decision report is sent to you. However, all information will be available on the EPA website. Please indicate if you want to speak at the hearing. I / We do not wish to speak about my / our submission (Please go to section 9). OR I / We wish to speak about my / our submission If others make a similar submission, I / we will consider presenting a joint case with them at the hearing. I / We wish to present in Maori / Te Reo. Please be aware that if you wish to speak at the hearing, a lot of information such as evidence, hearing schedules, board directions and reports, will need to be sent to you in accordance with your preference for receiving information, as selected in section 3. Note: If you do not select one of the above options, the EPA will assume you wish to speak about your submission. 8. Do you intend to provide expert evidence? This section of the submission form relates only to people who want to speak at the Board of Inquiry hearing. If you do not wish to speak at the hearing, you do not need to complete this section. An expert is a person who through training or experience is a skilled practitioner in a particular subject and is able to give professional evidence on that particular subject. All experts are expected to comply with Environment Court Practice Note 2011 (available at http://www.justice.govt.nz/courts/environment-court/legislation-andresources/practice-notes/practice-notes), and be prepared to be cross-examined. The Board will determine what weight is given to any material put before it. Do you intend to have an expert support your submission at the hearing? No, I / we have no expert witnesses (please go to section 9). No, I / we have no expert witnesses, but I consider I have expertise to be considered an expert (please fill in the table on the next page below). Yes, I / we have expert witnesses (please fill out the table on the next page below). July 2013 EPA0237 14 Tukituki Catchment Proposal Submission Form If you consider yourself to be an expert or intend to provide evidence from expert witnesses please outline the areas of your/their expertise. If possible provide their names, or state their name is to be confirmed (TBC). If you require further space, please attach additional pages. Name of witness Area(s) of expertise Phone number Email address 9. Authority to act Please tick to confirm you are authorised to represent all persons making this submission. I / We confirm that I / we have authority to sign this submission on behalf of all persons named on this form. Signature Date Signature of submitter, or person authorised to sign on their behalf is required. Note: A signature is not required for electronic (email) submissions. Please ensure you have completed all questions on the form. Unanswered questions may require clarification. Have you provided the following key information? Contact details (name, address, phone and email address) Your position on the proposal The decision(s) you are seeking on the proposal Whether you are a trade competitor How you would like to receive information July 2013 EPA0237