IN THE MATTER of the Resource Management Act AND applications for resource consent under Part 6

Transcription

1 BEFORE THE PORIRUA CITY COUNCIL AND GREATER WELLINGTON REGIONAL COUNCIL IN THE MATTER of the Resource Manageent Act 1991 AND applications for resource consent under Part 6 BETWEEN WELLINGTON REGIONAL COUNCIL Local Authority AND PORIRUA CITY COUNCIL Local Authority AND JAGGER NZ LIMITED Applicant SUPPLEMENTARY STATEMENT OF EVIDENCE OF DEAN CRAIG MILLER ON BEHALF OF THE APPLICANT

2 1. INTRODUCTION 1. My full nae is Dean Craig Miller. 2. My qualifications and experience are presented in y Evidence in Chief (EIC) and are not repeated here. 3. I confir that I have read the Code of Conduct for expert witnesses contained in the 2014 Environent Court Practice Note and that I agree to coply with it. I confir that I have considered all the aterial facts that I are aware of that ight alter or detract fro the opinions I express. In particular, unless I state otherwise, this evidence is within y sphere of expertise and I have not oitted to consider aterial facts known to e that ight alter or detract fro the opinions I express. 2. SCOPE OF EVIDENCE 4. My suppleentary evidence addresses the inforation requested by the Panel at the Hearing on 5 April and specifically: Provides estiates for the lengths and widths of the riparian argin available for restoration planting as strea copensation work with the developent in place; and Provides estiates for the strea length on site where inanga spawning habitat enhanceent works could be undertaken. 5. My suppleentary evidence also provides a response to the issues raised in Mr Mark Lowe s evidence dated 24 March 2016 and circulated at the Hearing and specifically: The identified error in the strea copensation length calculation; Copensation for the ipacts of land use change and riparian zone cover; Erosion protection works for new earthworks batters; and The ability to achieve the proposed copensation on site. 3. INFORMATION REQUESTED BY THE PANEL 3.1 Riparian restoration widths 6. SEV assessents of predicted scores with the developent in place are based on the Landscape Concept Schee prepared by Cardno and subitted with the Application (Cardno Drawing NZ PL-C800). The predicted iproveents in SEV function scores take into account the liitations that the proposed developent places on the riparian argin including existing and proposed lot boundaries, the proposed roads, the proposed walkway (2.6 wide) and the storwater pond. Predicted iproveents also take into account areas of existing riparian vegetation that would reain. 2

3 7. The extent of ecological copensation works along the strea corridor would be ore extensive than shown on Drawing NZ PL-C800, and essentially involve the entire strea corridor through the site. Advice fro Cardno s Landscape Architect, Mr Michael Wright, is that a total linear strea length of 986 is available through the site for ecological copensation works, as stated in y EIC. 8. I have ade rough estiates of the lengths and widths of the riparian argin in order to provide soe clarity on the quantu of riparian areas available for strea copensation works as discussed at the Hearing. These estiates are described in Table 1 below and are based on easureents scaled off Drawing NZ PL-C800, a ark-up version of which is attached as Appendix A. I note that the total reach length coes to around 1,030 which is slightly longer than the length estiate provided to e by Mr Wright. The difference is likely related to y easureents being scaled of the PDF version of the plan. In any case roughly 1 k of strea is available through the site. Table 1: Riparian width and length estiates Reach Bank Riparian argin length and width estiates Bridge 1 to Bridge 2 Bridge 2 to Bridge 3 Bridge 3 to southern boundary True right True left True right True left True right True left Liited by existing lots, soe existing riparian canopy cover. A 7 to 8 wide strip is available over a 60 length at the northern end. A 7 to 8 wide strip is available over a 15 wide strip at the southern end, iediately downstrea of Bridge 2. Continuous length of around 340 available. Average reserve width is around 19. Assue a ostly 10 wide riparian strip that narrows and widens around pond and pathway features. Continuous length of 280 available. Average reserve width is around 13 to 14. Assue a ostly 10 wide planted strip Continuous length of 280 available. Average reserve width is around 16. Say a 10 wide planted strip but with the proposed pathway present within this strip in places. Continuous length of about 410 available. Average reserve width is around 11. Assue a riparian strip of around 7 to 8 wide. Continuous length of 410 available. Proposed walkway located ostly landward of the strea with an average width fro the strea to the walkway of around 11. Assue a riparian strip of around 7 to 8 wide. 3.2 Inanga spawning 9. As discussed at the Hearing, the enhanceent of inanga spawning habitat in the lower 3

4 strea reach on site is an alternative copensation option to ore standard riparian treatent that ais to provide shading (aong other strea benefits). 10. I note that works to iprove inanga spawning habitat would likely reduce potential SEV scores and increase copensation length requireents. However, I support the inclusion of inanga spawning habitat enhanceent works in the strea copensation package if this can be undertaken in lieu of standard (shade focussed) and riparian planting without the need to extend the riparian copensation length. In y opinion the inclusion of inanga spawning habitat enhanceent is a better ecological outcoe for the lower strea. 11. As discussed at the hearing the extent of inanga spawning habitat availability and spawning occurrence has not been confired. However, based on y experience spawning is likely to occur in suitable habitats in the vicinity of the extent of the saltwater intrusion on spring tides. The extent of saltwater intrusion can be easily assessed by way of conductivity/salinity easureent during spring tides and the level of strea bank inundation under those conditions can be established. 12. My gut feel is that potential spawning habitat would currently extend roughly over the reach fro proposed Bridge 1 upstrea to proposed Bridge 2 where there is currently a sall drop in the strea bed. It is possible that inanga spawning could occur further upstrea but in y view the reach between Bridges 1 and 2 should be the focus of any enhanceent works. 13. Works on the reach described above could only occur on the true left bank due to private land adjoining the true right bank. Works on the true left bank could occur over strea length of around 340 and a riparian planting width of 10 is generally available. The works would need to be confired through specific site assessent and detailed design but would likely require re-grading of the true left bank over uch of the reach, planting low growing native species known to be favourable for spawning on the re-graded 1 banks and lower growing shrubs further back fro the strea edge that would not shade out the strea bank species over tie. 4. RESPONSE TO ISSUES RAISED IN MR LOWE S EVIDENCE 4.1 Strea copensation calculation error 14. I have checked y copensation calculations and confir the error noted by Mr Lowe. The correct figure for the total length of copensation to account for the ain diversion is 864. This brings y total copensation length recoendation to 1,010, as pointed out by Mr 1 Suitable native species for inanga spawning habitat are listed in Table 1 in Richardson & Taylor A guide to restoring inanga spawning habitat. 4

5 Lowe. 15. This total length is slightly higher than that available on site (986 ), potentially requiring a sall aount of off-site copensation work. In y view a better and ore pragatic way to deal with this inor shortfall would be to increase the copensation effort on the lower strea by enhancing inanga spawning habitat availability. Such works would require strea bank regrading and therefore incur higher costs copared to ore standard riparian shade focussed planting that was envisaged in y original SEV/ECR assessent. 4.2 Reduction in SEV scores associated with land use changes 16. Mr Lowe deals with the ipact of land use change and riparian zone cover in Section 7 of his evidence. I have acknowledged in y EIC that the SEV ethodology ay be used to predict the effects on streas of land use changes. However, I aintain y position in that I do not believe it was the intention of the SEV ethodology that it should be used to require ecological copensation for activities outside of streas such as land use change. 17. The approach suggested by Mr Lowe would results in a conclusion that land use changes on the wider floodplain result in residual effects on the strea that warrant copensation without consideration of easures to avoid, reedy or itigate. In y opinion it would be speculative to attept to easure the changes in individual strea functions as a result of developent on the wider floodplain (outside of storwater discharges), and therefore to quantify actual residual effects on the strea that would require copensation (i.e. to identify specific effects on the watercourse that cannot be avoided, reedied or itigated). 18. Mr Low specifically entions three functions of riparian vegetation that are easured in the SEV ethodology, being water teperature control, filtering overland run-off and providing input of organic atter. In y view the proposed developent does not liit these particular functions significantly. Water teperature control through shading will still occur in the long ter within the riparian corridor proposed, albeit narrower than the 20 riparian width assessed in the SEV ethod. Input of organic atter will also still occur. 19. In ters of runoff filtering, storwater fro ipervious surfaces is the ain potential containant contributor and this runoff will be subject to storwater treatent to reduce concentrations of those containants. The vegetated riparian strip proposed in y view will be adequate to provide filtering of runoff that isn t captured by the storwater syste. 20. Overall, the inforation provided by Mr Lowe has not changed y view and I do not consider any further strea copensation is required to address this issue. 4.3 Erosion protection of new earthworks batters 21. Mr Lowe s view is that the 165 of erosion protection works for the new earthworks 5

6 ebankents (as shown on Cardno Drawing NZ PL-C251) should be considered in the SEV/ECR assessent. This appears to be on the basis that the placeent of rip-rap will exclude the potential for vegetation to establish, reducing strea functions and liits the interaction with the littoral zone. 22. Further to y discussion in Section 4.2, in y view these localised works outside of the strea channel do not require consideration in ters of strea copensation. 23. The typical cross section for these works (Cardno Drawing NZ PL-C253 as aended through expert conferencing) shows that the rock rip rap would be covered with topsoil. My understanding fro Mr Christensen is that planting can occur over the rock but that deep rooting species should be avoided in that particular zone. Taller shade providing species can also be planted on the strea side and landward side of the buried rip rap. 24. The areas for where this erosion control treatent are proposed are localised and while specific planting schedule ay be required, this will not liit riparian function in ters of shading, filtering and organic atter input functions over and above the liitations that have already been assued in assessing SEV itigation scores. No additional odifications to the SEV function scoring are therefore considered necessary to address those works. 4.4 Ability to achieve the copensation proposed on site 25. Mr Lowe has raised concerns in Section 8 of his evidence in regard to the ability to achieve the required copensation. I have provided ore detail on the quantu of riparian restoration that can be achieved on site in Section 3.1 of y suppleentary evidence. 26. I have addressed the error in the ECR calculation for the ain diversion. This results in a slight increase in the copensation length requireent which would potentially exceed the available strea length on site. In y view a pragatic way to deal with this inor shortfall would be to increase the copensation effort on the lower strea by enhancing inanga spawning habitat availability. Such works would require strea bank regrading and therefore incur higher costs copared to ore standard riparian shade focussed planting that was envisaged in y original SEV/ECR assessent. In y opinion this is a better ecological outcoe as opposed to diverting a sall aount of riparian restoration at an off site location. DATED THIS 6 DAY OF APRIL

7 Appendix A Landscape Concept Drawing arked up with Riparian Widths

8 The intent of the landscape concept for "Brookside" is to develop a high quality residential subdivision that incorporates attractive tree lined streetscapes and a counity walkway syste that enables access to the ajority of Duck Creek North. The entrance to Brookside subdivision will be defined by an attractive entry onuent located to east of the first bridge which will include thee lighting. There will be an attractive park and a series of passive recreation facilities for the counity located on the creek banks. A large portion of the creek will have generous aounts of native plantings that will develop sound ecological habitats for local wildlife. Brookside Park will feature a large grass openspace, attractive planting, seating and an on-street parking area. Brookside will provide good connectivity fro Discovery Drive to the Pauatahanui Inlet via a 2.6 wide pedestrian and cycleway access to the riparian esplanade reserve the length of Duck Creek. Linkages to the greater Whitby pedestrian walkway systes and reserves have also been included within the design. Passive recreation opportunities which include seating will be provided enabling the counity to enjoy the creek at close quarters at key locations. The ajority of Duck Creek North will reain in its current natural for with the new realigned section of creek to provide fish passage and a series of diverse habitats along with an attractive riparian canopy of native trees which will provide shade and shelter along Duck Creek. This planting and other planting along the creeks length will help to create a habitat that is ore conducive for aquatic and bird species to inhabit this area. Low aintenance plant species which have fast growth rates that will aid in reducing soil erosion along the creek corridor will be chosen. A successional planting regie is to be undertaken over an approxiately three (3) year period to establish the beginnings of a native forest canopy environent within the riparian esplanade reserve. A vegetative buffer corridor area is proposed adjacent to the creek that will treat storwater and reduce sedient and other eleents fro entering the creek syste and the nationally significant and environentally sensitive Pauatahanui Inlet. An inforal walkway will be provided in this area to provide access to the creek. SAMUEL MARSDEN COLLEGE ZONE "A" ZONE "G" "DOC" DUCK CREEK SCENIC RESERVE ZONE "F" ZONE "B" Bridge 2 ZONE "D" ZONE "B" ZONE "D" Bridge 3 DD C CC C Bridge ZONE "B" BB C803 ZONE "A" 2 ZONE "E" ZONE "D" AA C802 ZONE "C" Street tree planting which creates a strong unified counity thee. FF LC-12 Planting of native riparian species in esplanade reserve to create a forest canopy over the creek in its original location undertaken for ecological itigation purposes (580 linear etres). Elevation or Detail Area shown with twenty (20) years of planting growth. See Sheet Nubered Area of plan view Location and direction of elevation view Native riparian planting in riparian reserve to create forest canopy over the realigned creek undertaken for ecological itigation purposes (169 linear etres). Proposed 2.6 etre wide pedestrian walkway/cycleway A ix of native plantings and openspace grassed areas for the proposed creek side park and passive recreation areas. Proposed inforal pathway Feature planting of Brookside Entry Monuent adjacent to the first bridge with thee lighting. Native plantings of the vegetative treatent corridor that will help to iprove the quality of water entering Duck Creek (coposed of a forebay pond, dry pond and treatent field). Native screen/ buffer planting of the existing PCC pup station Proposed footpath Existing footpath The total length of strea that is subject to restoration in the for of ecological itigation planting is 749 linear etres which includes the diversion length of the strea. JAGGER NZ LTD LANDSCAPE CONCEPT 150 scale: A1 date: drawing no: NZ PL-C800 sheet: 1 of 6 issue: 7 scale 1:1500 p e wgtn@cardno.co.nz Level 5, IBM Building, 25 Victoria Street, Petone, Lower Hutt, New Zealand 5012