TE KUHA MINE & TRANSFER STATION APPLICATION: LANDSCAPE & AMENITY EFFECTS REVIEW

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1 Brown NZ Ltd P O Box Victoria St West Auckland 1142 TO: FROM: Rebecca Inwood Resource Management Planner; Rachel Townrow - Team Leader Planning & Policy Buller District Council PO Box 21 Westport 7866 Stephen Brown DATE: 17 October 2016 Re: TE KUHA MINE & TRANSFER STATION APPLICATION: LANDSCAPE & AMENITY EFFECTS REVIEW As instructed, Brown NZ Ltd have reviewed the application by Stevensons Mining Ltd for the development of a coal mine within part of the Westport Water Conservation Reserve located at the south-western tail of the Mt William Range, near the mouth of the lower Buller Gorge. The mine would cover 116ha, while the proposed access road to it would affect another 9ha of land and some 4ha of forest would need to be cleared for a coal transfer / handling site next to the Stillwater- Ngakawau Railway, close to the mouth of the Buller Gorge. This review has been undertaken with reference to the following documents: 1. The application on behalf of Stevensons Mining Ltd by Landpro; 2. Annexure 12 to the Application: an Assessment of Landscape and Visual Effects by Rough & Milne Landscape Architects dated July 2016; and 3. Annexure 12 to the Application: Rough & Milne s Graphic Supplement which includes: Maps of the ONLs identified around the application site; Road and stockpile details; Photos of areas of revegetation on the Denniston Plateau; Photos of the Ngakawau coal handling facility; Photos and simulations illustrating the different components of the mine and its visual effects in relation to 12 Viewpoints including the effects of mitigation / rehabilitation after 35+ years. In addition, the site has been inspected from a variety of vantage points using a helicopter and all of the Viewpoints employed by Rough & Milne have been visited, apart from those atop Mt Rochfort (Viewpoint 11) and Buckland Peak (Viewpoint 12).

2 1. THE APPLICANT S ASSESSMENT OF THE PROPOSAL The assessment undertaken by Rough & Milne Landscape Architects (Appendix 12) is comprehensive and addresses the following matters: The application site s regional and district context; Its statutory context and relevant non-statutory provisions (the NZ Geopreservation Inventory, Ngakawau Ecological District Survey and West Coast Conservation Management Strategy); Description of the Te Kuha Mine Site, including its geology and soils, vegetation cover, wildlife, land use, etc; Description of the Landscape and Amenity Values of the site; Description of potential effects and related mitigation; Analysis of the project s actual Landscape and Amenity effects, employing the 12 Viewpoints previously referred; Evaluation of these effects in relation to relevant statutory provisions pertaining to Natural Character, Outstanding Natural Landscapes and features, and Visual Amenity Values; Conclusions. ONLS & DISTRICT PLAN PROVISIONS: Importantly, the Rough & Milne undertakes the following analysis of the proposed mine site s relation to areas of Outstanding Natural Landscape and related district plan provisions (pages 15 & 16): The BDC has not prepared an inventory of outstanding landscapes and natural features but, as part of the Mokihinui Hydro Project proposed by Meridian Energy Limited, a landscape assessment of the entire Buller District was undertaken by Brown NZ Limited with a view to identifying such landscapes and features. The assessment work of Brown NZ Limited was set out in the Statement of Evidence of Mr Stephen Brown, which was prepared for an appeal to the Environment Court. Annexure 62 of Mr Brown s evidence shows 19 landscape units within the Buller District that have been identified as Outstanding Natural Landscapes (ONLs) refer right-hand side of Sheet 7. Mining Permit has been added to Mr Brown s map. The majority of the permit area lies to the west of the Paparoa and Mt William Inland Ranges ONL, the western boundary of which, in the vicinity of the Mining Permit area, follows the ridgeline at the southern end of the permit area. However, a portion of the permit area and the proposed mine footprint lie to the east of the ridgeline, within DOC stewardship land (refer map, Sheet 3) and are thus within the ONL as identified by Mr Brown. Brown NZ Limited has since been commissioned by the WCRC and the three district councils that come under the WCRC s jurisdiction to review the delineation of ONLs in the Buller District and identify ONLs in the Grey and Westland districts. Mr Brown has indicated4 that, as a result of his further investigations into the Buller District, the western boundary of the Paparoa and Mt William Inland Ranges ONL, which the Mining Permit area slightly intrudes into, remains unchanged. While Brown NZ Limited s study has not yet been finalised and perhaps ratified by the regional and district councils and the information it contains incorporated in the regional and district plans, it is an indicator as to the ONL status of land in the vicinity of Te Kuha Coal Project site. Schedule 3.2 in the operative Regional Coastal Plan for the West Coast is a list of nine Outstanding Natural Features and Landscapes (ONFL s). The only ONFL in the vicinity of the Te Kuha Coal Project site is ONFL 3 Cape Foulwind, which is some 18 km away to the northwest. In the proposed Regional Coastal Plan (2016) the closet ONL is the Charleston coastline, which is an assemblage of craggy headlands and points with rock shoals, and outcrops that enclose several sandy bays and the Nile River mouth. This ONL is some 17 km south of Cape Foulwind. 2

3 In lieu of ONLs in the Buller District not being ratified nor incorporated into statutory documents, recourse must be made to the BDC s operative District Plan. With regard to the BDP s objective and policies relating to landscapes and natural features, at , under Explanation / Reasons, it states:... While individual outstanding sites are recognised, on a broader level the District has been divided into four character areas based on the natural and physical landscape and on the degree of susceptibility to change within each area (see Parts 5.2, 5.3, 5.4 and 5.5). The above-mentioned Parts 5.2, 5.3, 5.4 and 5.5 are concerned with Urban, Rural, Paparoa, and Natural Environment Character areas, respectively. The Natural Environments Character Area covers those parts of the District that are national park and ecological areas. Te Kuha Coal Project site is not included in the Natural Environments Character Area, but lies within the Rural Character Area. [my emphasis] At pages 17 and 18 of the report, attention is also drawn to proposed Plan Change 141 to the Buller District Plan and proposed provisions that pertain to the identification of ONLs and ONFs: Under Landscapes are the following two policies: Policy 10 Criteria for Determining Outstanding Natural Features and Landscapes To identify Outstanding Natural Features and Landscapes of the district, which contribute to the distinctive character and visual amenity of the district, through consideration of biophysical, sensory and associative values including: Natural science values; Legibility values; Aesthetic values; Transient values; Cultural values; Shared and recognised values; and Historic values. Policy 11 Criteria for Determining Appropriate Subdivision, Use of Development To manage the scale, location and design of subdivision, use and development within Outstanding Natural Features and Landscapes and determine its appropriateness based on the following: a) The value, importance of significance of the feature or landscape at the local, regional or national level; b) The degree and significance of actual or potential adverse effects on outstanding natural features and landscapes, including cumulative effects, and the efficacy of measures to avoid, remedy or mitigate such effects; c) The benefits to be derived from the use and development at the local, regional and national scale; d) The degree of existing modification of the natural feature or landscape from its natural character; e) The vulnerability of a natural feature or landscape to change, and its capacity to accommodate change, without compromising the value of the feature or landscape; f) The need for the proposed activity to occur in the particular location. With regard to Policy 10, it is noted under Explanation that: If an area is considered outstanding in terms of its natural features and or landscape, this does not automatically mean that no activity can take place on the site. And with regard to Policy 11, the Explanation sets out that this policy provides guidance on determining what is appropriate subdivision, use and development. 3

4 It is also noted that, at page 20 of the Rough & Milne report, reference is made to the Te Kuha mine site lying within RAP 7: Part Westport Water Conservation and PNAP Report No.11, which states that the area is: SITE VALUES:... of particular significance because of the absence of recent fire, and their degree of intactness. This relatively natural condition can be attributed to the isolation of the area, its tenure over an extended period of time as a water conservation reserve (from which public access has been discouraged) and the buffering provided by adjoining natural habitats. Turning to the wider values of the site and its immediate surrounds, the application report firstly addresses (5. Landscape and Visual Amenity Values of Te Kuha Project Site) natural character at pages stating that (p.38): For the most part, the extent and composition of indigenous vegetation cover over the proposed mine footprint is at the pristine end of the naturalness spectrum, largely as a result of the site s general inaccessibility, and due to it being within a Water Conservation Reserve. Trees up to 500 years old have been identified within the site and are part of the unique plant species distribution found in association with the existing coal measures. For the above reasons the overall level of natural character of Te Kuha Coal Project site is very high. The following points are also made in relation to landscape and amenity values at p.39: The Coastal Hillslopes and the skyline ridge encompassed within the Mining Permit area are important features of the backdrop to Westport (refer Photograph 13 above), Carters Beach and SH 67. As such, they afford a sense of place and a means of orienting oneself in the landscape. The prominent Mt Rochfort, some 5 km north of Te Kuha Coal Project site, is a distinctive feature of the ridge. From afar, the Coastal Hillslopes within and adjacent to the Mining Permit area appear to have a consistent cover of indigenous vegetation (refer Photographs 13 and 14 and above), which contributes to the hillslopes having a considerable measure of aesthetic coherence that, in combination with the underlying natural landform, results in high visual amenity. From the vicinity of Horseshoe Bend in the Lower Buller Gorge, the skyline ridge within and adjacent to the Mining Permit area is a focus of attention and its distinctive outline (refer Photograph 20 above), interesting sandstone rock outcrops (refer Photograph 7 above) and steep topography below the ridgeline with a dense cover of native forest vegetation, framed by bush-covered ridges in the foreground, is a combination of elements that also give rise to high visual amenity. In summary, Te Kuha Coal Project site has very high natural values and very high visual amenity values. Turning to the issue of the importance of the hill country covering the mine site from a district standpoint, the Rough & Milne report also comments as follows (pages 40 & 41): The Mining Permit area and the Coastal Hillslopes on which it is located are components of an area of mostly undeveloped indigenous forest-covered mountain landscape, which has a landscape and visual integrity that is important to the Coast s predominant sense of natural character and its visual amenity value. At a District level the permit area and hillslopes are, for the same reasons, particularly important to Westport. This is because Westport is the major town and population centre in the District and has some importance as a tourist and holiday attraction. The Mining Permit area and Coastal Hillslopes form the backdrop to the town, the coastal plain on which it is located and coastal areas, including local attractions such as the Cape Foulwind Walkway and Tauranga Bay. On the approach to the Coast and Westport, via the SH 6 scenic route through the Lower Buller Gorge, the Mining Permit area encroaches slightly onto the indigenous forest-covered slopes and unaltered skyline ridges that are integral components of 4

5 THE MINING PROCESS: a highly natural landscape that has considerable visual integrity and associated scenic beauty. In all views, the permit area and proposed mine site appear as relatively small parts of an extensive mountain range landscape that exhibits very high natural character and which is high in visual amenity value. The high natural character of the mountain ranges appears in marked contrast to built development in the foreground of views from within Westport and Carters Beach and there is a similar contrast in views from on coastal plains and terraces that have been highly modified by development for farming... In essence, from all the above-mentioned locations the permit area and the proposed mine site have high landscape and visual amenity value within the Buller District, as a component of an indigenous forest-covered mountain range, which is significant for the natural character and scenic beauty it contributes to the most populated part of the District. The report then goes on to describe the proposed method of mining and rehabilitation, including: vegetation removal, strip mining, stockpiling of topsoil and understorey vegetation, progressive backfilling, the direct transfer of more ecologically significant vegetation, and final rehabilitation in Years This is complemented by a full description and photographs of: the access / haul road, run-of-mine stockpile, offices and related infrastructure, lighting, and mine site settling / treatment ponds. The coal handling facilities near the former Te Kuha village are also described, together with rehabilitation proposals. LANDSCAPE & AMENITY EFFECTS: At the core of Rough & Milne s assessment, however, is the analysis and evaluation of actual landscape and visual effects (Section 7). This process relies heavily on the comparison of before and after images from the 12 Viewpoints previously described located at: 01 Sergeants Hill 02 Victoria Square, Westport 04 Tip Head 05 Carters Beach 06 Lighthouse Track, Cape Foulwind 10 SH 6 at Norris Creek 11 Buller Gorge 12 Mt Rochfort 13 Buckland Peaks Photos are also presented of the existing views from: 07 Cape Foulwind Walkway 08 Tauranga Bay 09 Coastal Subdivision on SH67 As explained on pages 54 and 55 of Appendix 12, the nature of the simulations differs for Viewpoints from those for Viewpoints Thus, on p.55 its is pointed out that the first set of Viewpoint images, 5

6 do not convey the fact that vegetation clearance, stockpiling of topsoil, vegetation and overburden, strip mining, backfilling and revegetation would be undertaken across the project area in a sequential manner. The sequential and progressive nature of mining and rehabilitation over the life of Te Kuha Coal Project is, however, demonstrated in comprehensive sets of photo-simulations for the second set of viewpoints. No specific set of criteria is identified in relation to the evaluation of the effects associated with each Viewpoint. However, Rough & Milne s report goes on to describe the scale of impact ratings employed (p.56): With regard to the effects of the Te Kuha Coal Project on visual amenity values the following hierarchy of descriptive terms to convey a definition of magnitude and degrees of effects on visual amenity is used: None Negligible Slight Moderate Substantial Severe No part of the development, or work or activity associated with it, is discernible. Only a very small part of the proposal is discernible and/or it is at such a distance that it is scarcely appreciated. Consequently it has very little effect on the scene. The proposal constitutes only a minor component of the wider view, which might be missed by the casual observer. Awareness of the proposal would not have a marked effect on the overall quality of the scene. The proposal may form a visible and recognisable new element within the overall scene and may be readily noticed by the observer. The proposal forms a significant and immediately apparent part of the scene that affects and changes its overall character. The proposal becomes the dominant feature of the scene to which other elements become subordinate and they significantly affect and change its character. A footnote at the bottom of that same page indicates that this scale is in accordance with the Guidelines For Landscape and Visual Impact Assessment (2002) of The Landscape Institute and the Institute of Environmental Management and Assessment. It is not, though, entirely consistent with the NZ Institute of Landscape Architect s scale. Regardless, the effects of the proposed coal mine are assessed and described in relation to each Viewpoint. At pages 69-71, these are summarised via Table 2, which provides a summary of each Viewpoint s relationship to the mine site (distance, physical context), then ratings for effects both at their most obvious and after remediation. A series of key findings are listed at p.70. However, these largely address the appearance of the mine site and related operations, not effects per se: Areas to be mined will be backfilled. Taking into account the fact that most of the coal seams to be mined are relatively thin (in the order of 3-4 m thick) and that there is a bulking factor associated with overburden that will be excavated and used for the backfilling of mined areas, the existing lie of the land will, in very general terms, be able to be replicated. As well, backfilled areas will be subject to a maximum and therefore somewhat artificial gradient (27 or 2:1) to curtail issues associated with land slumping and erosion, with diversion drains remaining in place to control runoff. Inevitably, obvious features such as areas of sandstone pavement, rocky outcrops and tors will be lost and the ridgeline reduced in height and complexity. Notwithstanding this, the new skyline ridge will be slightly lower and somewhat more homogenous in its topography than the existing one. Existing rock outcrops and boulder fields (refer Photographs 7 and 8 above) will be removed and while it may not be possible to recreate rock outcrops, where practicable, boulders will be stockpiled and reused to replicate areas of boulder field. Areas for stockpiling overburden, vegetation and topsoil, and the office, workshops and infrastructure, ROM pad and settling and treatment sump areas will all require levelling, some terracing and bunding. At the end of the project structures will be removed and these areas will be recontoured to resemble their original topography as much as possible but it is unlikely that the original lie of the land occupied by those features of the project will be restored exactly.. 6

7 Consequently, in order the get a true feel for the nature of both temporary and longer term impacts on specific locations, its is necessary to delve into the commentary for each Viewpoint, eg: 7.13 Viewpoint 11, Buller Gorge (Sheets 55 67) As recorded in Section above, from a short stretch of SH 6 near the confluence of the Ohikanui and Buller rivers and from an adjacent stretch of the Buller River, part of the Mining Permit area that extends over the skyline ridge of the Coastal Hillslopes and into the catchment of the Lower Buller Gorge is visible. The ridgeline is important because it provides the entrance/exit enclosure to the Lower Buller Gorge... Sheet 56 shows the central portion of the existing human field of view image as it can be experienced from Viewpoint 11 and clearly conveys the high natural qualities and the high visual amenity value of the landscape. The photo-simulation on Sheet 57 shows the area within the Mining Permit area that will be disturbed during Year 01 and that will be obviously visible from Viewpoint 11 as a mined face, coloured brown (refer colour codes on sheet legend). The area to be mined lies on and below the skyline to the left of an obvious high point and a rocky knoll that is a reasonably distinctive topographic feature (refer close-up Photograph 7 above).. By Year 07 (refer Sheet 60) the lower portion of the mined ridge will have been rehabilitated and by Year 09 (refer Sheet 61) the rocky knoll will have principally been removed. Between Years (refer Sheets 61 64) the mine will have reached its full extent along the ridgeline. The higher east-facing slopes will be cleared of vegetation and be undergoing progressive strip mining. Years (refer Sheets 62-64) show a clear progression of rehabilitation moving north along the ridgeline and by Year 17 (refer Sheet 65) the full extent of the mined ridgeline will have been backfilled, recontoured and revegetated. At Year 17 the initial areas of rehabilitation along the lower ridgeline will have achieved canopy closure. The use of DT and placement of boulders on the ridgeline will assist in the re-establishment of vegetation and convey a natural appearance to the ridgeline. Notwithstanding the fact that remediation work, including backfilling, recontouring and revegetation, will take place concurrently with mining, during the principal mining and backfilling phase of Te Kuha Coal Project, the project will have substantial visual amenity effects from Viewpoint 11. This will be due, in part, to the fact that a prominent skyline section of the landscape, which is very high in natural character and aesthetic value, will be disturbed and modified. It is the benched ridgeline resulting from strip mining that will be most prominent and afford significant effects on natural character and amenity. Such effects will also be due, in part, to the focal point nature of the skyline ridge within the permit area, which is viewed from Viewpoint 11 and its vicinity EFFECTS IN RELATION TO RELEVANT STATUTORY INSTRUMENTS: At pages 72 and 73 of Appendix 12, the effects of the proposed coal mine are addressed in the context of relevant statutes and district plan / regional policy statement provisions. Notwithstanding the distance between Te Kuha and the Tasman Sea, it is suggested that the application site lies within part of the Coastal Environment around Westport: The project site has very high natural character, however the Coastal Hillslopes, which the Mining Permit area occupies, is somewhat removed from the coastline (Trig M on the skyline ridge of the site is, at its closest, 8.5 km from the coastline). The Coastal Hillslopes primarily act as a distant backdrop to the coastline s immediate coastal environment. Nevertheless, as a result of the Te Kuha Coal Project, the site s natural character pertaining to the coastal environment, in the broadest sense of that term, will be affected but with rehabilitation in the form of backfilling, recontouring and revegetation, its natural character will, in the long term, from most publicly accessible vantage points appear to continue to be very high. The report then proceeds to seemingly address natural character again in relation to the Buller Gorge when addressing ONLs and ONFs, as follows (pages 72 & 73): From the Buller Gorge, the effects on natural character arising from Te Kuha Coal Project will be confined to a relatively narrow strip along the skyline. There is no doubt that the process of extraction will, inevitably, adversely affect natural character through the removal of forest, rock outcrops and the presence of earthworks, which will appear as a series of artificial benches, notches or steps along the skyline. However, the skyline will be rehabilitated 7

8 (backfilled, recontoured and revegetated) and eventually it will appear, to all intents and purposes, natural, albeit in the form of a somewhat less complex skyline and no longer characterised by a distinctive rock outcrop.. Overall, however, it seems that the proposal is considered acceptable. Although the proposal is identified as generating some significant short term effects that will be significant for key vantage points like SH6 winding its way through the Lower Buller Gorge, these will reduce over time to the point where the mine site eventually melds with its hill country / forest surrounds. As a result, it is anticipated that the physical intactness and ecological diversity of the mine site and road accessway will generally start to return from Years onwards. Even so it is acknowledged that around 10% of the RAP 7 area would be unavoidably affected by the mine activity and mining is not consistent with the outcomes proposed for the public conservation land at Te Kuha addressed by the West Coast Conservation Management Strategy. On p.76 of the Rough & Milne report addressing Amenity Values, it is further stated that: CONCLUSIONS: Inevitably, there will be moderate to significant effects on landscape and visual amenity values arising from Te Kuha Coal Project during the course of mining. Moderate visual effects are likely from Westport and other locations on the coastal plain from generally distant viewpoints. Substantial visual effects will occur from Buckland Peaks, SH6 in the vicinity of Norris Creek and intermittently from limited sections of SH6 as it traverses the Lower Buller Gorge. Over time effects on visual amenity will diminish as the proposed rehabilitation occurs in successive stages following the stages of extraction. This mitigation will ensure that the total extent of disturbed land will be minimised at any one time so landscape and visual amenity effects will reduce to negligible as quickly as practicable over the medium to long term. Notwithstanding this, the landform, including the skyline ridge, will inevitably be permanently altered and the difference between the rehabilitated areas and surrounding natural vegetation will persist for a reasonably long time. Despite this, the long term outcome of the proposed rehabilitation will ensure the maintenance, if not necessarily the enhancement, of visual amenity values to satisfy the above-mentioned statutory matters relating to amenity. The conclusions contained in Section 9 of the report largely accord with these findings. Again, however, a clear dichotomy is presented: the application site is situated within a sensitivity to highly sensitive landscape, and it will have a Moderate to Significant impact on a range of representative viewpoints for the duration of most mining activity. However, these effects would lessen past that period, and looking 35 years or more years into the future, the difference between mined areas and the surrounding hill country would be significantly reduced. Overall, it is therefore concluded that: In terms of the key landscape-related provisions of the Act, WCRPS and the BDP, overall, Te Kuha Coal Project will satisfy the statutory requirements relating to the natural character of the coastal environment, outstanding natural features and landscapes and visual amenity matters. 8

9 2. REVIEW A number of matters are apparent from my review of Appendix 12 the Rough & Milne assessment of landscape and amenity effects: Confusion over Natural Character versus Landscape and the related confusion over values and effects that pertain to sections 6(a) and (b) of the RMA. The wider contextual situation that affects the values of the hill country surround the Te Kuha site in particular, the important contrast that the natural sequence of hill county seaward of the main Mt William Range affords in relation to the developed coastal plain either side of Westport; its function as part of the gateway to the Buller Gorge; and its role as part of the sequence of riverine / hill country landscapes experienced within the Lower Gorge. The issue of effects on ONLs, not just within them, which is especially relevant to the effects that the Te Kuha proposal would have on the experience of entering and travelling through the Lower Buller Gorge. The Supreme Court s King Salmon decision is germane to this analysis. Limited identification of the key landscape characteristics and values that would be impacted by the mine proposal. Limited assessment of the coal handling facility and related forest / bush clearance near the mouth of the Buller Gorge and SH6 even though both are clearly linked to the current application. As a result, the cumulative effects of the proposal in all respects are not adequately explained and taken into account. In addition, there is some concern over the way in which different impact ratings for the period of mine operations are pulled together, then weighed up against post-rehabilitation effects ratings, to form the report s overarching findings and conclusions. NATURAL CHARACTER: Natural character is stated at Policy 13(2) of the NZ Coastal Policy Statement as being different from natural features and landscapes. While the concept of naturalness is common to both natural character and landscape, the latter is more heavily influenced by human perception (including composition and aesthetic appreciation) and associative factors including tangata whenua values and historical heritage connections. In addition, it is my experience that landscape values can be heavily influenced by just one or two critical factors e.g. the pancake geological formations at Punakaiki whereas natural character values tend to reflect a careful weighing up of all naturalness indices (related to geomorphology, vegetation / land cover, land uses, water bodies, etc). As a result, natural character values tend to progress in a more linear fashion from environments that are highly natural to those that are highly modified and vice versa. Setting aside this somewhat theoretical argument, the extent of the area subject to Section 6(a) of the RMA, addressing natural character, is identified as comprising the coastal environment together with wetlands, lakes, rivers and their margins. Although a method for identifying such areas is not prescribed in the Act or NZCPS, the elements found within the Coastal Environment are described in Policy 1 of the NZCPS (2010). Translated into criteria that are meaningful on the ground, the following parameters have been employed to identify the limits of the West Coast s coastal environment: A. Areas That Are Physically Linked to the CMA: 1. that are directly subject to wave action and tidal inundation / movement and which contain / define the inter-tidal margins of the CMA; 2. coastal drainage systems, including catchments and headwaters that feed directly into the CMA; and 3. landforms and vegetation cover that are directly affected / modified by exposure and proximity to the CMA through wind action, wave action and salt exposure. 9

10 B. Areas Whose Character is Substantially Defined by their Proximity to the CMA: 4. areas within which the CMA is a dominant to significant visual entity; 5. locations whose landscape character and amenity is clearly influenced by proximity to, and a sense of connection with, the CMA; and 6. locations within which items of cultural and historic heritage are found that are linked to, or within the CMA. In my opinion, the coastal environment does not extend to and up into the seaward faces of the Mt William Range, including the Te Kuha site. Nor could the coal mine site be described as lying within the margins of the Buller River having regard to past Environment Court decisions on what the term margins means. Moreover, Rough & Milne appear to have used natural character and landscape in a somewhat interchangeable fashion. This is not correct, given the different management strategies associated with sections 6(a) and (b) of the RMA. Section 6(a) focuses on preservation of the environment, whereas 6(b) focuses on the protection of ONLs and ONFs from inappropriate subdivision, use and development. However, in this instance, I have adopted the approach of regarding Rough & Milne s comments about natural character as actually referring to the naturalness or natural science characteristics of the landscape (with reference to the Modified Pigeon Bay / WESI factors identified by the Environment Court). CONTEXT & VALUES: The regional and district context for the application are discussed at some length in the Rough & Milne report, while the application site together with its more immediate surrounds and visual catchments / receiving environments are also described. This is amplified by the photos and descriptions provided for individual Viewpoints. However, Section 5 of the report might have usefully focused on a number of key relationships that exist between the hills of the mine site and its surrounding receiving environments, beyond simply stating that the Te Kuha site is part of the backdrop to Westport and is exposed to areas ranging from Cape Foulwind to the Lower Buller Gorge. In fact, the elevated hills, ridges, bush and coal measure shrubland on and around the Te Kuha site are part of a sequence of mountains and forest that stretch down the coast to frame the entrance to the Buller Gorge, then continue southwards as the Paparoa Range towards Punakaiki. Strategically, this hill country does indeed provide the backdrop to Westport and is also a major feature when looking inland from near Carters Beach or Cape Foulwind and the road back from Tauranga Bay. It is also exposed to SH67 heading towards Denniston, Granity and Karamea. A number of landscape factors are important about this sequence of ranges / hill country: It provides visual counterpoint to the coastal plain around Westport; It displays a high level of naturalness that contrasts very markedly with the developed and farmed character of the coastal plain; and The hill country is visually intact and cohesive, displaying a high level of aesthetic appeal in its own right; and The hills are also exposed at length in a dynamic fashion to tourists and visitors using SH67 and the Cape Foulwind Rd. 10

11 50mm photo towards the Te Kuha Mine site from SH67 crossing the Orowaiti Lagoon adjacent to Westport 50mm photo towards the Te Kuha Mine site from SH67 near the Middle Orowaiti Cemetery 11

12 Much closer to the mouth of the Lower Buller Gorge, the application site, coal transfer station and connecting access road would be located on, and next to, hills and bush that frame the western entrance to the Lower Buller Gorge. Indeed, the hills climbing up from the old Te Kuha village site to the Te Kuha Mine site are strategically important insofar as they: Reveal intact forest / bush climbing up to the coal measures shrubland across the mine site; This combination of hill country and bush is directly associated with the Buller River, so that the skyline of Te Kuha defines the northern side of the Buller Gorge s river mouth the gateway to the Lower Buller Gorge, which is nationally recognised as being a scenic and wild river system; and It also frames SH6, which is a key conduit for tourist and visitor traffic from, and to, Westport. This relationship is affirmed by the presence of two informal stopping points on SH6 immediately west of the Lower Gorge. These are cleared of vegetation to create two gravel parking areas that directly overlook the Buller River. All three sites of the proposed coal mine, transfer facility and access road lie directly beyond the river and its visible margins (see photo overleaf). 50mm photo from next to SH6 towards the end of Nine Mile Rd & the Te Kuha Mine site In addition, another two parking bays are located next to SH6, at Windy Point, within the Gorge entry. These look directly across the Buller River towards Te Kuha (a photo overleaf, from one of those parking bays, shows the southern end of the Te Kuha ridge, with its crest part of the mine site just visible beyond). 12

13 28mm photo from next to SH6 at Windy Point towards the Te Kuha Mine site Rough & Milne also address the proposed mine site s relationship with SH6 and the Lower Buller Gorge, as it meanders west of Hawks Crag towards Westport at paragraph 4.8.4: When travelling westwards on SH 6 through the Lower Buller Gorge towards Westport, landform obscures views of the skyline ridge at the southern end of the Mining Permit area, except for a distance of km from approximately 300 m southeast of the confluence of the Buller and Ohikanui rivers, in the vicinity of Horseshoe Bend. In fact, as is explained in Rough & Milne s description of Viewpoint 11, the state highway currently focuses very strongly on the bend in the Buller River as it approaches the confluence with the Ohikanui River. This view also reveals the full array of hill country around the Te Kuha mine site. Again, that terrain and associated forest / shrubland plays an important role in: Presenting the impression of an intact, highly natural, and aesthetically appealing environment that complements the Buller River s course; and Complementing the focal point created by the bend in both the river s course and that of the adjacent highway. The Te Kuha ridgeline defines the outer edge of the river catchment, but the course of the Buller River inevitably draws the eyes of tourists and locals alike towards both the river course and sequence of hills beyond it. A series of grass lay-bys next to the highway reinforce the constant use of the SH6 margins as vantage points for views and photos down the Buller River, towards the Te Kuha skyline / ridgeline. Although this part of the highway comprises just one section of the Lower Buller River corridor, it is clear that the section of highway around Stitts Bluff to near Windy Point represents a high point in the Buller Gorge experience, precisely because of the enclosing bluffs and hill country, a dynamic river system and the enclosing bush. The Te Kuha site is clearly an important component of this scenic continuum (photo overleaf showing the Te Kuha ridgeline). 13

14 50mm photo down the Buller River from near the Ohikanui River towards the Te Kuha Mine site Although the Te Kuha mine site s relationship with the Lower Buller Gorge is therefore a key issue from a landscape standpoint, it is also important to appreciate that the proposed mine and access road would be visible from within a broad catchment that is generally described in Appendix 12. The interplay between the hill country of the mine site and the coastal areas stretching north and south of Westport is also important, precisely because there is such a marked contrast in terms of both terrain and vegetation cover, but also in respect of the opposite ends of the naturalness spectrum that the hill country and developed coastal plain occupy. This relationship and contrast is particularly important in terms of the images and message imparted to visitors and tourists to the District, many of whom would doubtless regard the Mt William Range as a natural extension of the Buller Gorge and even Kahurangi National Park. Of even more concern, however, is the potential for the proposed coal mine, access road and coal handling facility to potentially affect the gateway to both a nationally important, scenic highway and acknowledged wild and scenic river system. Of note, the potential for the Te Kuha proposal to spill over, both physically and visually, into the Lower Buller Gorge Scenic Reserve sets it apart from the likes of the nearby Stockton, Escarpment and Cascades Mines, all of which remain much more discreet. EFFECTS ON OUTSTANDING NATURAL LANDSCAPES: The King Salmon decision does not directly apply to the current application, as that decision related to an ONL within the Marlborough Sounds coastal environment. Nevertheless, it is noteworthy that the Supreme Court addressed effects on an ONL that was separated from the proposed salmon farm by more than a kilometre. It also noteworthy that the ONL stretching across most of Pig Bay within Port Gore (the focus of the King Salmon decision) is not as intact and natural as that of the Te Kuha site and Mt William Range. 14

15 The Rough & Milne report makes the point that the Buller District Plan does not currently recognise or identify any ONLs within the District. Even so, the Environment Court acknowledged that an appropriate process had formed the basis for identification of ONLs across the Buller District as part of the Mokihinui River (Meridian) appeals, and effectively endorsed the ONLs near the Escarpment Mine and Denniston Plateau. Given that the Buller District Council has not ratified those ONLs or included them in its District Plan, this places the Council in a difficult position in relation to the fulfilment of its obligations under Section 6(b) of the RMA. It also means that there is uncertainty over the precise location and extent of Buller District s outstanding natural landscapes, notwithstanding that there is broad agreement that they exist within the District and indeed underpin its developing tourism industry. From my point of view, there is no question that, as per the maps presented to the Environment Court in relation to the Escarpment Mine appeals, the eastern side of the Te Kuha Mine site lies within an ONL. That ONL is focused on the main body of the Paparoa and Mount William Inland Ranges (ONL7 as presented to the Court), covering hill ranges north and south of the Lower Buller River, as well as the river corridor itself. The ridge crest south of Mt Rochfort and steep, east-facing, scarps around the exposed coal seam facing the Little Cascade Creek mark the western edge of ONL7 from my point of view. Furthermore, with both the main body of the Lower Buller Gorge Scenic Reserve and Mt Rochfort Conservation Area extending to the very edge of the Te Kuha site, and partly into it (Rough & Milne Sheet 3) to the ridge crest through the Te Kuha site this delineation seems to be appropriate. As such, it is my opinion that any lowering of the ridge crest at this intersection of different reserves would physically impact on an area that I regard as being part of ONL7. In my professional opinion, there is no question that the Outstanding Natural Landscape of the Paparoa and Mount William Ranges, together with the Lower Buller Gorge, would be directly affected by the proposed coal mine. This sets the current application apart from the Escarpment Mine proposal, which, in my opinion avoided having such effects on an ONL. Additionally, even if the Te Kuha site, access road and coal handling facility were determined to be outside any ONL, it is clear from my site visits and the assessment undertaken by Rough & Milne (see Viewpoints 10-13) that it would have an impact on the characteristics and values of areas that still embrace the ONL of the Lower Buller Gorge Scenic Reserve extending into the Mt Rochfort Conservation Area. In my opinion, such effects should be addressed in terms of Section 6(b) of the RMA because both landscapes are selfevidently natural and outstanding. Furthermore, ONL7 was examined at length by the Environment Court in the Escarpment Mine case, and both areas were assessed in some detail employing criteria fully consistent with those found in proposed Buller District Plan Policy 10 as per p.17 of Rough & Milne s report. It is also noteworthy that the Rough & Milne report addresses the issue of ONLs within the Coastal Environment at p.72: According to the not yet finalised district-wide Landscape Assessment identifying Outstanding Natural Landscapes, being prepared by Brown NZ Limited, the Coastal Hillslopes, on which most of the Mining Permit area of the Te Kuha Mine site lies is not recognised as an ONL (refer Sheet 7). Therefore, Policy 15 of the NZCPS does not apply. The clear implication to be drawn from this statement is that if ONL7 was, in fact, recognised by the Buller District Plan, then any adverse effects generated by the proposed mine and related developments would be contrary to both section 6(a) of the RMA and Policy 15(a) of the NZ Coastal Policy Statement, which requires the avoidance of adverse effects on outstanding natural features and landscapes. As previously stated, however, I do not agree that the mine site lies within the Coastal Environment; consequently, I do not regard it as being subject to the provisions of the NZ Coastal Policy Statement. 15

16 KEY LANDSCAPE CHARACTERISTICS & VALUES: In a directly related vein, a number of key landscape characteristics are associated with the hill country across and around the Te Kuha Mine site, its proposed access road and the coal handling site including: The skyline of the south-western Mount William Range, linked to the crest of nearby Mt Rochfort. The profile and form of the Buller Gorge s western mouth linked to the Buckland Peaks / Paparoa Range: together, the ranges frame the entrance to the Lower Buller Gorge. The continuity and intactness of the vegetation cover from the mixed podocarp / red beech / silver beech of the Buller River margins to the mixed Red Beech / Southern Rata of mid to elevated levels within the Buller Gorge, and silver pine / Mountain Beech / Manuka and wire brush shrubland of the coal measure uplands. The interaction of this vegetation with exposed regolith near the Te Kuha ridge crests. The seamless merger of this vegetation with the wider expanse of forest across most of Mt Rochfort (until near the Escarpment Mine access road) and Buckland Peaks. The high, overall level of naturalness associated with the area around the mouth of the Lower Buller Gorge. The highly expressive nature of the same area s landforms. The very significant aesthetic appeal of views up and down the Buller River corridor associated with views from near the Gorge Mount and from within the Gorge itself. As a result, the terrain and vegetation on and near the Te Kuha site makes an important contribution to: The Lower Buller Gorge gateway viewed from without ; The integrity and visual cohesion / continuity of the Lower Buller Gorge Scenic Reserve viewed from within ; and The contrasting natural backdrop that the ranges afford for Westport and the surrounding coastal plain. THE COAL HANDLING FACILITY: The proposed coal handling site is described in the Rough & Milne report, incorporating photographs of the existing coal handling yard and infrastructure at Ngakawau. Located within 120m of the terminus to Nine Mile Rd, the coal handling facility is identified as being part of the current application that has a functional connection to the access road and mine site. Consequently, any landscape / amenity effects arising from the development and operation of the coal handling facility would be directly linked to those of the mine site and acessway. Consequently, the issue of aggregated or cumulative effects arising from the Te Kuha coal mine, access road and coal handling facility clearly have a bearing on assessment of the proposal under Part 2 of the RMA and, more specifically, in relation to Section 3, which addresses the nature of effects. Yet, the analysis of this sizeable component of the proposal is very brief, concluding with the following statement at p.52: Despite the close proximity to public and scenic roads, the structures and activity will be well screened from views obtained from SH6 by existing vegetation on the Stevenson Properties 2015 Limited land and by vegetation existing on both sides of the Buller River. Rough & Milne s report indicates (p.52) that the coal handling yard would require clearance of some 3.15ha of regenerating bush / forest immediately north of the current Stillwater-Ngakawau Railway, and most of the subject site is on rising land that forms part of the Lower Buller Gorge mouth. Despite the assurances offered by Rough & Milne, it remains unclear exactly what effect the proposed vegetation clearance and the proposed utilities would have on views across the Buller River from SH6, in 16

17 particular. None of the viewpoints employed by Rough & Milne directly address this area and there are no simulations addressing the actual and / or cumulative effects of the coal handling facility in conjunction with the access road and mine site. As a result, there is no justification for the assertion quoted above. In fact, it seems more likely that structures skin to those at Ngakawau (excluding the aerial ropeway system) would rise above the vegetation closer to the Buller River, especially so during winter, when the willows along its banks lose much of their canopy. Moreover, views from the edge of SH6 (again, with reference to the photo on my p.12) suggest that any significant vegetation clearance would be visible above and beyond the willows and other vegetation flanking the far (northern) side of the Buller River. At best, some, perhaps most, of the proposed structures would be screened or buffered by that existing planting, but Appendix 12 provides no assurance in this regard. Without more specific analysis of the coal handling facility, it is therefore considered likely that the proposed facility would compound the effects associated with the Te Kuha Mine and access road in relation to the landscape of the Lower Buller Gorge. I regard this as being a significant deficiency in Appendix 12 that needs to be urgently addressed. IMPACT RATINGS & FINDINGS: Rough & Milne s evaluation of effects displays a wide range of effects as is to be expected when a broad cross-section of locations exposed to the Te Kuha Mine site and access road are used as representative viewpoints. In addition, impact ratings are summarised (p.69) both in relation to worst case effects and the situation after remediation. In relation to both sets of ratings, I generally concur with the individual findings presented, although it is my opinion that the effects of the proposed mine would be sufficiently severe and pervasive that I would describe them as being Very Substantial in relation to Viewpoint 11 (Lower Buller Gorge). In translating the individual viewpoint ratings into findings that address the overall effects of the application it is appears that the worst case effects are effectively averaged out and that the postremediation effects then clearly moderate those associated with the period of mine operations. I have concerns about this on three counts: Firstly, some views and vantage points are clearly more sensitive than others, with any effects on the Lower Buller Gorge and SH6 clearly of paramount importance because it is a nationally recognised scenic highway one of only four highways to and from the West Coast and the Lower Buller Gorge is unquestionably an ONL, even if the operative district plan fails to recognise it as such. Although the proposed mine would not physically encroach into the Lower Buller Gorge / Mt William Paparoa Ranges ONL to any great extent, it would clearly have an impact on perception of the ONL and a key entry point to it. Indeed, if any guidance is to be taken from the King Salmon decision in relation to the current application, it is that effects on ONLs include those that arise outside or beyond the physical limits of such landscapes, but that still have a very real impact on its perceived characteristics and values. In this instance, part of the entrance to a nationally important landscape would be modified, even industrialised, to an appreciable degree. As a result, the Te Kuha Mine proposal would have a significant impact on the landscape of the Lower Buller Gorge, and those effects appear likely to be exacerbated by the access road to the mine and (in all likelihood) the coal handling facility, even though the latter has not been specifically assessed as part of the application. Secondly, although 35 years is a finite period, it remains a relatively long period during which mining operations, the proposed access road, and in all likelihood the Nine Mile Rd coal handling facility would have a significant impact on public perceptions of part of the Mount William Range and Buller Gorge gateway. It would have this effect during a period when the West Coast and Buller District are shifting away from just being the home of extractive industries to the location and focus for considerable tourism activity (exemplified by the increasing popularity of the likes of the Cape Foulwind Tauranga Bay walkway and the various tourist attractions at Charleston). This transition is fundamentally reliant on the protection and maintenance of high value landscapes. In this context, the Lower Buller Gorge is critically 17