REPORT Resource Consent Application and Assessment of Effects on the Environment Report prepared for: Report prepared by: Tonkin & Taylor Ltd Distribution: Tonkin & Taylor Ltd (FILE) Waikato Regional Council 1 copy 1 copy 1 copy + digital
Table of contents 1 Introduction 1 1.1 Background and overview of proposal 1 1.2 Applicant and property details 1 1.3 Overview of consent requirements 2 2 Environmental setting 3 2.1 Site location 3 2.2 Site description 3 3 Description of proposed works 5 3.1 Historic initiatives 5 3.2 Proposed works 5 3.2.1 Location 5 3.2.2 Materials 5 3.2.3 Design Error! Bookmark not defined. 3.2.4 Works methodology 6 3.2.5 Environmental management 6 3.2.6 Consent term 7 3.3 Consideration of alternatives 7 3.3.1 Previous options assessment 7 3.3.2 Groyne options 7 3.4 Future initiatives 8 4 Resource consent requirements 9 4.1 Coastal Plan 9 4.1.1 Planning Map 9 4.1.2 Activities requiring consent 9 4.2 Permitted baseline 9 5 Assessment of effects on the environment 10 5.1 Introduction 10 5.2 Coastal process effects 10 5.3 Ecological effects 11 5.4 Landscape and natural character effects 11 5.5 Public access and recreation effects 11 5.5.1 Temporary effects 11 5.5.2 Permanent effects 12 5.6 Postive effects 12 5.7 Mitigation and monitoring 12 6 Statutory assessment 13 6.1 RMA assessment 13 6.1.1 Part 2 of the RMA 13 6.1.2 Section 5 13 6.1.3 Section 6 13 6.1.4 Section 7 14 6.1.5 Section 8 14 6.2 New Zealand Coastal Policy Statement 2010 ( NZCPS ) 14 6.3 Hauraki Gulf Marine Park Act 2000 16 6.4 Waikato Regional Policy Statements 16 6.5 Coastal Plan objective and policy assessment 17 6.6 Notification requirements 18 6.6.1 Public notification 18
6.6.2 Limited notification 18 6.6.3 Section 95 conclusions 19 7 Proposed conditions of consent 20 8 Conclusion 23 9 Applicability 24 Appendix A: Appendix B: Appendix C: Consent applications forms Concept Plans Consultation correspondence
1 1 Introduction 1.1 Background and overview of proposal The section of shoreline located at Buffalo Beach in Mercury Bay subject to this application is described in detail within Sections 2.1 and 2.2 of this application report ( report ) and will be referred to as the site hereafter. ( TCDC or the applicant ) has constructed a seawall at the site and has recently obtained Resource Consent to extend the seawall further north along the foreshore to protect the roading network, services, coastal walkway and reserve. TCDC perceives the existing seawall and imminent extension as a responsive coastal management measure that has been necessitated by extraordinary storm events. Once the seawall extension is completed, TCDC wants to trial a groyne as a means for trapping sediments transported alongshore to attempt to build up the beach in front of the seawall and/or prevent end effects from resulting. Tonkin and Taylor Limited ( T&T ) has suggested to TCDC that an option for meeting the above objectives is to construct the trial groyne of wood so that modifications can be made to height, length, orientation and location and the structure can be removed should unforeseen adverse coastal process effects eventuate. TCDC wishes to construct the trial groyne as soon as the seawall extension is complete. T&T understands that if the trial groyne is successful then TCDC will commission a design for a permanent structure and obtain the necessary coastal permits. This report describes the proposal in detail, seeks the necessary coastal permits, includes an assessment of environmental effects of the proposal, and has been prepared in fulfilment of s 88 of the Resource Management Act 1991 ( RMA ). 1.2 Applicant and property details Table 1.1: Applicant and property details Applicant Owner of application site Site address / map reference Legal description Certificate of Title reference Regional Council / Plans Address for service during consent processing Portion of site comprised of Esplanade Reserve: Portion of site comprised of the Coastal Marine Area 1 : The Crown 1841086 E 5921064 N NTZM coordinates for mid-point of site Portion of site comprised of Esplanade Reserve: Lot 3 DPS 4704 Portion of site comprised of Esplanade Reserve: None (NZ Gazette Notice) Waikato Regional Coastal Plan Reuben Hansen Tonkin & Taylor Ltd PO Box 317 1 In a cadastral sense. The Esplanade Reserve is inundated by seawater during each tidal cycle and so in regional planning terms is actually part of the Coastal Marine Area.
2 Tauranga 3140 Email: rhansen@tonkin.co.nz Phone: 07 571 7381 Address for service during consent implementation and invoicing Steve Bremner Private Bag Thames Email: steve.bremner@tcdc.govt.nz Phone: 078680200 We attach copies of the application forms in Appendix A. 1.3 Overview of consent requirements Resource Consent is sought from the Waikato Regional Council ( WRC ) under the following provisions of the Regional Coastal Plan ( Coastal Plan ): Rule 16.4.24 for erecting a structure in the Coastal Marine Area ( CMA ) (discretionary activity); Rule 16.4.26 for occupation of space within the CMA by a structure (discretionary activity); and Rule 16.6.11 for disturbance of the foreshore resulting from earthworks to install a structure and associated vehicle movements (controlled activity). Overall consent is sought from the WRC as a discretionary activity
3 2 Environmental setting 2.1 Site location Buffalo Beach is located immediately to the north of the Whitianga Town Centre. The site is bounded by State Highway 25 to the west and the CMA to the east. Residential housing is located landward of the site. Refer to Figure 2-1: Location Plan provided below for the location of the proposed trial groyne. Figure 2-1: Location plan. Copyright Google Earth 2014 2.2 Site description The site is comprised of an Esplanade Reserve ( reserve ) and the CMA. In terms of the landform and resources, the reserve encompasses the grassed open space area, what is left of the foredune, and the beach itself, which is inundated by seawater during each tidal cycle. Therefore the beach at the site is land in a cadastral sense but in regional planning terms is actually part of the CMA. There are seawalls, access structures, a toilet block, a heritage site, pohutukawa and Norfolk pine trees, and a coastal walkway located within the reserve. The applicant has undertaken a dune rehabilitation and re-vegetation programme near the delta of the Taputapuatea Stream (known to some locals as Mother Brown Creek ). The applicant proposes that the trial groyne is located on the beach itself. Photographs 1 and 2 overleaf provide a typical representation of the beach in its current state. That is, the beach is currently in an erosion phase and therefore there is little to no high tide beach, and the foredune comprises a near vertical erosion scarp where it is not protected by a revetment.
4 Photographs 1 and 2: Typical section of Buffalo Beach where no revetments are currently in place. Mean High Water Springs (using a point in time survey calculation method 2 ) is located between 5 m and 10 m seaward of the crest of the remnant dune at the site. The foreshore contains a relatively narrow intertidal area with the low tide mark located approximately 50 m 3 offshore. Pedestrian access is provided to the site and CMA by way of timber access stair structures. Registered Archaeological site T11/562, which has been recorded by the New Zealand Archaeological Association as the shipwreck of the HMS Buffalo, is located 120 m offshore from the NZTA seawall in front of 18 Buffalo Beach Road. There are no registered archaeological sites identified within the portion of CMA where the proposed trial groyne is to be located. 2 RL 0.8 m Auckland Vertical Datum from a topographic survey undertaken by Coromandel Surveyors Ltd on July 2014 and August 2014. 3 Derived from a topographic survey undertaken by Coromandel Surveyors Ltd on July 2014 and August 2014.
5 3 Description of proposed works 3.1 Historic initiatives TCDC have undertaken various coastal management measures within Mercury Bay over the last few years. These measures have included: Beach scraping for dune repair purposes; Dune restoration works near the Taputapuatea Stream delta; An upgrade of the NZTA seawall ; An extension to the NZTA seawall ( toilet block seawall ); Obtaining Resource Consents for an extension to the toilet block seawall and a new geosynthetic sand container seawall at Brophy s Beach. Some of the above have been responsive coastal management measures that have been necessitated by extraordinary storm events, whereas others have been proactive longer term visions of the Community as set out in the Whitianga Coastal Action Plan ( CAP ). The concept of a groyne at Buffalo Beach has been foreshadowed in the CAP, Coastal Steering Group meetings and in Resource Consent applications. Numerical models and interpretative reports of the hydrodynamic processes at Mercury Bay have been undertaken to date and more are currently being undertaken with funding provided WRC. 3.2 Proposed works Once the extension to the toilet block seawall is completed TCDC wants to trial a groyne as a means for trapping sediments transported alongshore to attempt to build up the beach in front of the seawall and/or prevent end effects from the existing seawalls resulting. 3.2.1 Location The intent of the coastal permit sought by this application is that is that it will allow for the trial groyne (and potentially other groynes) to be located anywhere within the area identified on Figure 2-1 (Albert Street to Racecourse Road). 3.2.2 Materials TCDC proposes that the groyne is installed for experimentation purposes and that flexibility is required within the scope of the consent and material used in the construction to allow for alterations to the structure s location, length, height, slope and orientation. This will ensure that TCDC will be able to determine where and how the maximum benefits of the structure are derived through monitoring. A groyne constructed of wooden piling and lagging will provide the desired flexibility and essentially allow a physical model to be developed at the site. 3.2.3 Concept Concept Plans of the proposed trial groyne are annexed to this report as Appendix B. These plans show that the proposed groyne: Will be approximately 35 m in length; Will be located within the intertidal area; Will slope seaward; Will have a crest level 0.5 m above the foreshore level; Will have a toe elevation of 1 m below the current foreshore level; Will have a width of approximately 0.5 m;
6 Will be constructed on an east/west axis (shore perpendicular), and Will have its basal end will be detached from current or future seawalls at the site. These general parameters may be modified through the detailed design process and it is envisaged that the detailed design plans will need to be technically approved by WRC prior to the construction of the structure commencing. The groyne also needs to be able to be extended vertically in the event that accretion of the beach profile occurs and the crest height is reduced as a consequence. To maintain the concept crest height of 0.5 m above the foreshore level, additional lagging can be affixed to the piles which have an additional height allowance factored into their design for potential future foreshore level adjustment. The proposed groyne will be sufficiently detached from the seawalls at the site to ensure longshore sediments on the upper beach face and berm can still continue to move alongshore during the upper portion of the tidal cycle and during storm surge. The 0.5 m above current foreshore level for the crest has been determined to ensure that if the structure is successful in trapping sediments on the up-drift side and no sediments reach the down drift side and/or scour occurs to level equal with the bottom of the lagging, then the height difference of the foreshore on either side of the structure is around 1.5 m. This will ensure any health and safety (trip or fall hazards) and visual amenity effects are acceptable and/or able to be easily mitigated if deemed necessary. The pile and lagging design will provide for a modular type structure to be installed, modified as required and removed at the expiration of the coastal permit or sooner if deemed necessary or appropriate. 3.2.4 Works methodology The construction methodology is likely to involve driving piles into the foreshore when the area is not inundated by seawater. A trench approximately 4 m wide will then be excavated to approximately 1 m below the foreshore level to create the necessary space and self-retaining slope to construct the timber lagging. Timber lagging will then be affixed to one side of the piles and geotextile will be laid on the inner face of the lagging. This process will be repeated should the structure need to be extended either seaward or landward. Should the structure need to be extended vertically (due to foreshore accretion) then additional lagging will be affixed to the existing piles (which have extra height factored into their design). To remove the structure the above process will be reversed and machinery will lift and remove the piles as the last step. 3.2.5 Environmental management The applicant wants to establish the trial groyne to see if it can assist with the retention of sediments on the upper beach face and berm at Buffalo Beach. The concept design of the structure has been developed to ensure the installation, modification and removal can be done to minimise any disturbance to the ecology and geomorphology of the intertidal component of the CMA where the structure will be sited. Evacuation required to form the trench for constructing the lagging below the foreshore will result in a disturbance slightly greater than the permitted 100 m³ threshold set out in the Coastal Plan. This is because the trench required for construction will have the approximate dimensions of 35 m long by 4 m wide by 1 m deep (140 m³). The tracking of machinery, trench excavation and driving of piles will be limited to a small area of the CMA and the effects will not be observable following the next inundation of the area by seawater as part of the tidal cycle. The materials to be used in the construction of the groyne will be inert and not result in the leaching of contaminants into the CMA.
7 Lastly, if the applicant receives advice from a suitably qualified and experienced coastal expert that the structure is resulting in adverse effects then it will be removed as soon as possible. All of the above represent environmental management initiatives that will assist in mitigating the potential effects of the proposal. 3.2.6 Consent term The applicant wishes for the trial groyne to be authorised by a 5 year term consent. This timeframe is considered appropriate as it will allow for sufficient monitoring to occur to establish the benefits or costs of the structures in terms of the objective of the experiment to be conducted at the site. 3.3 Consideration of alternatives 3.3.1 Previous options assessment Section 3.3.2 of the Resource Consent application report 4 for the toilet block seawall extension canvasses the options for mitigating the coastal erosion at Buffalo Beach. The option assessed included: Beach nourishment; Seawall; Groyne(s); Nearshore sill creating a perched beach; and Managed retreat (do nothing). The assessment concludes that the seawall extension is the preferred option to mitigating the shoreline regression at the site and that further coastal process investigations would be required to confirm the benefits of a groyne or groyne field prior to further consideration of this option. Construction and use of the trial groyne will allow for a better understanding of the sediment transportation mechanism at the site and therefore accords with the direction provided in the previous options assessment. That is, to gather better information to be able to make an informed assessment of the viability of a permanent structure. 3.3.2 Groyne options Based on the required length, crest elevation and temporary nature, the proposed trial groyne could be constructed from the following materials: Geosynthetic sand containers Sand sausages; Timber; and Rock armour. Timber is the preferred option as the establishment of a structure constructed of this material will provide for a modular type structure which can be adjusted in terms of location, elevation etc. Previous assessment undertaken by T&T has concluded that geosynthetic sand containers will not withstand the wave climate at the site and rock has a greater degree of permanence than timber so removal and modification of the structure are more problematic. Sand sausages have been discounted due to the lack of flexibility for post construction modification. 4 Tonkin and Taylor report Buffalo Beach Coastal Erosion Protection Consent Application and Assessment of Environmental Effects- dated November 2014.
8 3.4 Future initiatives T&T understands that if the trial groyne is successful then TCDC will commission a design for a permanent structure, obtain the necessary coastal permits and install the structure. By this time the Mercury Bay/Whitianga Harbour delta hydrodynamic research currently being undertaken by Waikato University will be complete. This will mean that the monitoring gathered from the trial groyne and the results of the numerical model built as part of the research can be examined together with a view to being able to compare any trends and/or validating the methods using one another.
9 4 Resource consent requirements The requirements for Resource Consents are determined by the rules in the Operative Waikato Regional Coastal Plan ( Coastal Plan ). This is because all works to construct the structure and the occupation of space will occur seaward of Mean High Water Springs ( MHWS ). An assessment of the proposal against this document is provided below. 4.1 Coastal Plan 4.1.1 Planning Map The site is shown on Planning Map 20. The reserve and adjoining residential housing located on State Highway 25 ( SH25 ) is notated as an urban area on the Planning Map. There are no scheduled or special features notated on the Planning Map within proximity to the proposed groyne. 4.1.2 Activities requiring consent Proposed activity Rule Comment Activity Status Erecting a structure in the CMA Occupation and use of space in the CMA by the structure Disturbance of the foreshore resulting from earthworks to install the structures and associated vehicle movements 16.4.24 The groyne will present a barrier to water and sediment movement, will be constructed more or less perpendicular to MHWS and will be less than 100 m in length. Therefore its establishment is expressly provided for as a discretionary activity. 16.4.26 The occupation and use of space by the structure is expressly assigned a discretionary activity status. 16.6.11 The volume of the proposed works to be undertaken seaward of MHWS has been calculated at approximately 140 m³ which marginally exceeds the threshold set down for permitted activities (100 m³). Plant and machinery will be required to track along the foreshore below MHWS to access the works footprint. These activities are expressly provided for as a controlled activity, subject to compliance with six specific standards and terms; these can be met by the proposal Discretionary activity Discretionary activity Controlled activity 4.2 Permitted baseline The permitted baseline defines the environment against which the degree of adverse environmental effects of a proposed activity will be considered. In accordance with s104(2) of the RMA, when forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. In this case the relevant permitted activities are that the Coastal Plan permits up to 100 m³ of earthworks on the site below MHWS per 30 day period as well as the associated vehicle use within the CMA. This application involves the disturbance of approximately 140 m³ of material below MHWS and therefore the WRC is able to discount the majority of the effects associated with the component of the proposal that relates to disturbance of material below MHWS as these effects could occur as of right. There are no other relevant permitted activities within the regional planning framework.
10 5 Assessment of effects on the environment 5.1 Introduction The following assessment identifies and assesses the types of effects that may arise from the proposed works. This assessment also outlines the measures that the applicant proposes to avoid, remedy or mitigate any potential adverse effects on the environment and takes account of the assessment criteria that the WRC has set down within the Coastal Plan when considering an application of this nature. Actual and potential effects on the environment have been identified as including: Coastal process effects; Ecological effects; Landscape and natural character effects; Public access and recreation effects; and Positive effects. 5.2 Coastal process effects The purpose of the proposed groyne is to attempt to trap sediments transported alongshore to try to build up the beach in front of recently constructed seawalls and/or prevent end effects from those structures resulting. In a general sense a groyne structure blocks part of the normal transport of sand alongshore by wave induced currents. The effect of this process is that sand accumulates on the up-drift side of the structure. This accumulation of sand results in a re-orientation of the shoreline contours where the angle between the shoreline and the incident wave direction is reduced. This shoreline reorientation reduces the longshore sediment transport rate and can help retain the sand on the beach to a certain point updrift of the structure. A groyne structure can also cause an increase in coastal erosion on the down-drift side of the structure as sediment is blocked from moving in this direction. At this particular site the proposed trial groyne is unlikely to induce more than minor adverse effects on coastal processes. This is on the basis of the following considerations: The structure will be detached from the seawalls; The seaward terminus will be extend to a point approximately X m seaward of MHWS which is significantly landward of the low tide mark 5 ; The crest elevation of the groyne will be 0.5 m above the foreshore level which is lower in elevation than Mean Sea Level; and The groyne crest will slope at grade consistent with the beach profile. Consequently sediments on the upper beach face and berm are likely to continue to move alongshore and over the structure during the upper portion of the tidal cycle and during storm surge. In the unlikely event that the trial groyne is considered by a suitably qualified and experience coastal expert to be causing significant adverse effects, such as erosion of the beach profile down drift of the structure which cannot be adequately mitigated by localised nourishment, then the applicant will remove the groyne as quickly as practical. A recommended consent condition to this effect is provided within Section 7 of this report. 5 From a point in time survey undertaken by Coromandel Surveyors in July and August 2014.
11 5.3 Ecological effects The low tide mark at the site is located approximately 65 m offshore from the dune crest. Thus the potential to disturb shellfish beds and aquatic vegetation during construction of the groyne is negligible, as these resources are typically limited to the area seaward of the low water mark. The footprint of the proposed groyne will be minor due to its timber pile and lagging construction (0.5 m wide). The excavation of a trench within the foreshore for constructing the lagging will result in the disturbance of a slightly greater volume than the 100 m³ that is permitted to occur as of right under the Coastal Plan. All work to construct the groyne will be undertaken when the area of foreshore is not inundated by seawater to minimise the potential for release of hydrocarbons from machinery and suspended sediments to be mobilised. It is noted that Planning Map 20 of the Coastal Plan does not shown any scheduled areas of significant conservation value located within any proximity to the site. The combination of all of the above factors minimises opportunities for threatened flora or fauna to be adversely affected by the proposed works. Overall it is considered any ecology effects associated with the construction and occupation of the structure are likely to be minor. 5.4 Landscape and natural character effects The natural character values of the coastal environment at Buffalo Beach have been modified through the urbanisation of the backshore area, the development of Buffalo Beach Road and the construction of the seawalls. The proposed trial groyne will be constructed perpendicular to the shoreline and will result in a further modification of the natural character at the site. This modification will result in adverse effects on natural character values. However it is considered that these adverse effects are mitigated to an extent by the following: The short term duration of the coastal permit and the fact the structure is able to be removed; Wood is considered by some to be a material which has a natural appearance and presence in the coastal environment; The crest elevation of the groyne and the sloping profile of the structure relative to the foreshore profile; The properties of the structure may provide benefits with respect to negating erosion of the dune and foreshore; and The viewing audience for the structure is restricted to users of the reserve and foreshore, transient pedestrians and vehicles along State Highway 25. The structures are to be located below the elevation of State Highway 25 and the reserve. Therefore the potential adverse effect of the structures on existing landscape values is likely to be minor. It is therefore considered that the groyne, as well as the physical works required to construct and place the structure, will not adversely affect the landscape, open space or natural character values associated with the reserve and the CMA in more than a minor way. 5.5 Public access and recreation effects 5.5.1 Temporary effects During the construction period machinery will operate within the reserve and CMA and thus there is likely to be a functional need to restrict public access through the works footprint. There will therefore be some disruption to users of these public spaces. However, it is considered any such
12 restrictions to access will be short term and unlikely to cause any significant inconvenience to members of the public. This is because the works will be undertaken along a narrow tract of land near the reserve interface with the CMA. Therefore the majority of the reserve will remain accessible and therefore alternative points of access to CMA will be maintained at all times. One potential outcome of the works is that sediments will be retained in the upper beach face and berm and this will result in improved access to the CMA from the reserve. 5.5.2 Permanent effects The proposed groyne will be orientated in a shore perpendicular manner. Typically speaking, this orientation has the potential to disrupt continuity of access along the foreshore. However, in this case the proposed structure will be detached from the seawalls. Further, the structure will protrude approximately 22 m seaward of MHWS and the low tide mark is approximately 40 m offshore from this point. Therefore it will only be the upper end of the tidal cycle where any potential access constraints from the groyne will result. It is hoped that the structure will assist in retention of sediments on the upper beach face and berm and this will promote access to and along the CMA. The coastal processes at the site are also likely to periodically bury a portion of the structure. Any potential seaward shift of MHWS and partial concealment of the groyne will mitigate any potential adverse effect of the proposed structure on public access. For the reasons outlined above, the potential adverse effects of the structure on public access and recreation opportunities at the site are likely to be minor at most, and should the groyne prove to be successful in trapping sediments then positive effects are likely to result. 5.6 Postive effects The proposed trial groyne will enable the applicant to better understand the sediment transport mechanism at the site. This is because historical and proposed numerical modelling of the Whitianga Harbour delta and wider Mercury Bay are likely to be of limited use with respect to determining the viability of a permanent groyne. The reason for this is that due to the scale of the models, they provide limited information with respect to sand movement within the intertidal area of the site If the trial groyne is successful then TCDC will be in a position to consider a permanent groyne or groyne field at the site. For the trial groyne to be deemed successful there will be an appreciable gain of beach sediments on the upper beach face and berm at the site, public access along the foreshore will be enhanced, and recreational benefits will be provided from a larger beach area. 5.7 Mitigation and monitoring To ensure all potential adverse effects of the proposed groyne are acceptable on an on-going basis, the applicant has developed mitigation measures and has drafted a set of suggested conditions of consent. These are set out in detail within Section 7 of this report.
13 6 Statutory assessment 6.1 RMA assessment Section 104 of the RMA sets out the matters to which a consent authority must have regard to, subject to Part 2 of the RMA, when considering an application for resource consent. These are: Any actual and potential effects on the environment of allowing the activity (refer Section 5 above); Any relevant provisions of: o National Environmental Standards; o National Policy Statements; o A Regional Policy Statement or Proposed Regional Policy Statement; and o A Plan or Proposed Plan. Any other matter the consent authority considers relevant and reasonably necessary to determine the application. 6.1.1 Part 2 of the RMA Part 2 of the RMA sets out the purpose and principles of the Act. The purpose of the RMA is to promote the sustainable management of natural and physical resources. 6.1.2 Section 5 It is considered that the proposal to trial a groyne at the site aligns with TCDC s desire to develop a multipronged strategy for management of coastal erosion within Mercury Bay. To date management responses have included beach nourishment, dune restoration works and construction of seawalls. All significant environmental effects of the construction and use of the structure can be mitigated by: The trial based nature of the proposal. That is, short term and if significant adverse effects do result then the structure will be removed; and The design of the structure in terms of crest elevation and location relative to the seawalls at the site and MHWS. Consequently, it is considered that the proposal will provide for the social, cultural and economic wellbeing of the community, and thus accords with the purpose of the RMA. 6.1.3 Section 6 Regard has been given to: The preservation of the natural character of the coastal environment (including the CMA), and their margins, and the protection of them from inappropriate subdivision, use, and development; and The maintenance and enhancement of public access to and along the CMA. The proposal accords with the matters of national importance set down within the RMA. Maintenance of natural character will be achieved due to the existing modified nature of the receiving environment and the limited duration of the consent. Public access along the foreshore may be enhanced if the groyne is successful.
14 6.1.4 Section 7 Regard has been given to: The maintenance and enhancement of amenity values; and Maintenance and enhancement of the quality of the environment. Amenity values and the quality of the environment in the locale could potentially be enhanced as result of the proposed groyne trapping beach sediments and building up the upper beach face and berm at the site where these features have been lost to historic coastal processes. 6.1.5 Section 8 There is nothing encompassed within the proposal which is contrary to the principles of Te Tiriti o Waitangi. 6.2 New Zealand Coastal Policy Statement 2010 ( NZCPS ) A detailed assessment of the proposal against the relevant objectives and policies contained within the NZCPS is provided in Table 6-1 below. Table 6-1: NZCPS objectives and policies assessment Objective/Policy Objective 1 To safeguard the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems, including marine and intertidal areas, estuaries, dunes and land, by: maintaining or enhancing natural biological and physical processes in the coastal environment and recognising their dynamic, complex and interdependent nature; Objective 2 To preserve the natural character of the coastal environment and protect natural features and landscape values through: recognising the characteristics and qualities that contribute to natural character, natural features and landscape values and their location and distribution; Objective 3 To take account of the principles of the Treaty of Waitangi, recognise the role of tangata whenua as kaitiaki and provide for tangata whenua involvement in management of the coastal environment by: Comment The trial groyne is not expected to detrimentally affect the form of function of the coastal environment for the reasons set out in Section 5 of this report. In the unlikely event that the structure does negatively impact on the form or function of the coastal environment then it will be removed swiftly. Consequently, it is considered that the proposed structure will maintain physical and biological process and thus it is considered the proposal is consistent with the objective. If successful the proposed structure will assist in retention of sediments on the upper beach face and berm. Further, the wood will be of a colour and reflectively which is sympathetic to a natural coastal environment. It is therefore considered that proposal is consistent with the objective. The applicant has engaged with Ngati Hei hapu, provided them with details of the proposal and obtained written consent in support of the proposal.
15 Objective/Policy recognising the ongoing and enduring relationship of tangata whenua over their lands, rohe and resources; promoting meaningful relationships and interactions between tangata whenua and persons exercising functions and powers under the Act; incorporating mātauranga Māori into sustainable management practices; and recognising and protecting characteristics of the coastal environment that are of special value to tangata whenua. Objective 4 To maintain and enhance the public open space qualities and recreation opportunities of the coastal environment by: recognising that the coastal marine area is an extensive area of public space for the public to use and enjoy; maintaining and enhancing public walking access to and along the coastal marine area without charge, and where there are exceptional reasons that mean this is not practicable providing alternative linking access close to the coastal marine area Comment It is considered the proposal to install and use the groyne will maintain access along the CMA through the detached nature of the structure. It may even be that enhanced access along the CMA is provided if the groyne is successful in trapping beach sediments. Policy 13 - Preservation of natural character (1) To preserve the natural character of the coastal environment and to protect it from inappropriate subdivision, use, and development: (b) avoid significant adverse effects and avoid, remedy or mitigate other adverse effects of activities on natural character in all other areas of the coastal environment Policy 18 - Public open space Recognise the need for public open space within and adjacent to the coastal marine area, for public use and appreciation including active and passive recreation, and provide for such public open space, including by: (b) taking account of future need for public open space within and adjacent to the coastal marine The existing natural character value of the coastal environment at the site has been modified by the existing engineering structures (revetments and highway network) and residential development. The proposal will, if successful, restore a more elevated beach profile. It is therefore considered that character values will be maintained and possibly even enhanced and that the proposal is consistent with the requirements of the policy. The purposes of the proposal is to attempt to retain beach sediments at the site on the upper beach face and berm which are areas of open space in the CMA used for recreational activities. Therefore, TCDC is attempting to restore public open space and this outcome is consistent with what the policy seeks.
16 Objective/Policy area, including in and close to cities, towns and other settlements; (c) maintaining and enhancing walking access linkages between public open space areas in the coastal environment; (d) considering the likely impact of coastal processes and climate change so as not to compromise the ability of future generations to have access to public open space; and Policy 20 - Vehicle access (1) Control use of vehicles, apart from emergency vehicles, on beaches, foreshore, seabed and adjacent public land where: (a) damage to dune or other geological systems and processes; or (b) harm to ecological systems or to indigenous flora and fauna, for example marine mammal and bird habitats or breeding areas and shellfish beds; or (c) danger to other beach users; or (d) disturbance of the peaceful enjoyment of the beach environment; or (e) damage to historic heritage; or (f) damage to the habitats of fisheries resources of significance to customary, commercial or recreational users; or (g) damage to sites of significance to tangata whenua; might result. Comment It will be necessary for machinery to work below MHWS to construct the groyne. However, given the expansive intertidal area provided on the foreshore and the small footprint of the proposed structure, there is unlikely to be any effects on ecological or cultural resources. For these reasons it is considered that the proposal is consistent with the policy. 6.3 Hauraki Gulf Marine Park Act 2000 For the coastal environment of the Hauraki Gulf, this statute requires that ss 7 and 8 of that Act must be treated as a New Zealand Coastal Policy Statement issued under the RMA. Section 10(2) of the statute states that if there is a conflict between ss 7 and 8 and the provisions of the NZCPS issued under the RMA, then the NZCPS prevails. Sections 7 and 8 do not introduce any additional directives in regards to the management of the CMA specific to the site over and above those contained within the NZCPS and there is no conflict between similar provisions contained in both documents. On that basis it is considered that the proposal is consistent with the statute s desired objectives. 6.4 Waikato Regional Policy Statements The Operative Regional Policy Statement ( ORPS ) and the Proposed Regional Policy Statement ( PRPS ) provide an overview of the resource management issues, and set out a suite of objectives, policies and methods to achieve integrated management of the natural and physical resources of the whole region.
17 The key differences between the ORPS and PRPS that relate to this proposal are the PRPS has strengthened natural hazard provisions which take account of climate change. Additionally, there are new provisions that relate to scheduled Outstanding Natural Features and Landscapes ( ONFL ). The site is not notated as being part of an ONFL. After reviewing the ORPS and PRPS and in the interest of avoiding repetition, it is not considered necessary to set out a detailed assessment of the proposal against the ORPS and PRPS. This is because neither the ORPS nor the PRPS contain any matters which are either more specific or materially different to those contained within the NZCPS and commented on in the previous section of this report. Overall, it is considered that the proposal is consistent with both the ORPS and PRPS. 6.5 Coastal Plan objective and policy assessment With a view to satisfying the assessment criteria set down within s 104 of the RMA, we now turn to assessing this application against the relevant objectives and policies contained within the Coastal Plan. Note that our assessment is limited to the objectives and policies contained in the Coastal Plan that are more specific to the proposal itself and/or the application than those broader provisions of the NZCPS. These are examined in Table 6-2 below. Table 6-2: Coastal Plan objectives and policies assessment Objective/Policy Objective 3.1 Preservation of the natural character of the coastal environment by: Protecting it from inappropriate subdivision, use and development; and Restoring it where appropriate. Policy 3.1.4A Use of and Occupation of Coastal Space Recognise that the use, occupation and development of coastal space is appropriate in the CMA to meet the social, economic and cultural wellbeing of communities, in particular maintaining and enhancing recreational opportunities, provided that: a) Any adverse environmental effects, particularly on natural character, habitat and coastal processes, are avoided as far as practicable, and if avoidance is not practicable, adverse effects should be mitigated and provision made for remedying those effects, to the extent practicable. Objective 5.1 Any development, maintenance and removal of structures in the CMA carried out in a manner which protects natural character and amenity values, and avoids adverse effects on the environment (including cumulative effects) and on natural processes, does not constitute a Comment It is hoped that the proposed groyne will assist in the retention of a high tide beach at the site. This will mean that existing character values will be enhanced. The groyne is not considered to be development or facilitate any development opportunities. The space in the CMA to be occupied by the groyne will be the minimum required to provide an appropriate foundation for the structure. The area of CMA to be occupied by the groyne does not constitute the habit of threatened fauna. For these reasons it is considered the structure s occupation of the CMA is justified and will provide for the social and cultural welling of the community and thus is consistent with the objective and policy. Amenity values, natural character and coastal and ecological process have been addressed in the NZCPS commentary. The structure will be located near the landward extent of the CMA where nearshore depth is limited. Consequently, the potential to affect navigable water space is negligible. The structure seeks to assist in retention of a high tide beach at the site which
18 Objective/Policy hazard to navigation and takes into account other uses of the CMA and adjacent land. Policy 5.1.3 - Appropriate Structures Ensure only those structures for which a coastal location is necessary are situated in the CMA, and that any structure that is located in the CMA as far as practicable avoids adverse effects (including cumulative effects) on natural character and amenity values, and avoids adverse effects on natural processes. Where complete avoidance is not practicable, the adverse effects should be mitigated and provisions made for remedying those effects to the extent practicable Comment provides recreational, open space and connectivity to the CMA based amenity values. It is necessary to site the groyne in the CMA and there is not a suitable alternative location landward of MHWS. For the reasons set out above, it is considered the structure is appropriate and that the proposal is consistent with the objective and policy. 6.6 Notification requirements 6.6.1 Public notification Section 95A sets out the requirements in relation to public notification. Having regards to the tests set down in s 95A, the following points are noted: An assessment of effects on the environment is provided in Section 5 of this report. This assessment ultimately concludes that the adverse effects on the environment are likely to be minor; The applicant does not request public notification of the application; There is no rule in the Coastal Plan or any National Environmental Standard that requires public notification of this application; and No special circumstances are considered to exist in relation to the application. On the basis of the above, this application for Resource Consent meets the tests of the RMA to be processed without public notification. 6.6.2 Limited notification For applications that are not publicly notified, under s 95B, the WRC must give limited notification of the application to any affected person unless a rule in the Coastal Plan or National Environmental Standard precludes limited notification of the application. Under s 95E the WRC must consider a person to be an affected person if the activity s adverse effects on the person are minor or more than minor, but not less than minor. Having regard to the above requirements, it is considered that the Department of Conservation ( DOC ) and Tangata Whenua are potentially affected by the proposed trial groyne s establishment and use. This is due to: DOC representing the public interest in the use and management of the CMA; and It is considered best practice to acquire a cultural assessment of an activity which is located within culturally significant areas and resources such as the CMA. Accordingly, the applicant has canvassed the parties to seek their feedback on the proposal. Ultimately Tangata Whenua have provided written approval to the proposal and DOC has indicated that they will neither support nor oppose the proposal; see Appendix D.
19 The owners of the residential properties located on the western side of State Highway 25 and other interest and advocacy groups, are not considered to be potentially affected parties due to anticipated adverse effects on these parties being less than minor. This is on the basis of the following considerations: All construction activity will be located far enough away from residences (at least 30 m) so as they will be affected in a less than minor way. Further, any construction based effects will be comparable to those already permitted to occur on site under the auspices of the beach scraping permit and the permits to construct the seawalls; Public access to the CMA will be maintained and possibly enhanced should the trial structure be successful; The works footprint associated with the construction activity is the minimum necessary to undertake the works; and The short term duration of the construction works and the coastal permit. 6.6.3 Section 95 conclusions The above analysis has demonstrated that the activity will have minor adverse effects on the environment. It has further been established that no parties are deemed to be affected in accordance with s 95E(3)(a). Consequently, the application can be advanced and considered on a non-notified basis.
20 7 Proposed conditions of consent Aside from the anticipated general conditions requiring the works to be undertaken in general accordance with the application documentation, the applicant considers that the following specific conditions should be imposed on the WRC s decision on the coastal permit application. General 1. No less than 15 working days prior to the construction of the groyne tructure authorised under this consent a detailed design for the structure shall be submitted for technical approval by the Chief Executive of the Waikato Regional Council or delegate. 2. The consent holder shall notify the Waikato Regional Council in writing no less than 5 working days prior to commencing any works under this consent of the timing and duration of the proposed works. 3. The consent holder shall erect a public notice on the reserve near the groyne site providing notice of the any works under this consent and advising the period over which the activity will be occurring. The notice shall be erected at least 2 days before the commencement of the works and remain there for the duration of the works. Timing of works 4. The consent holder shall not undertake groyne construction or modification works (including associated vehicle movements) in the coastal marine area during statutory holidays and the holiday period extending 20 December to 28 January inclusive of each year. 5. Unless otherwise authorised in writing by Waikato Regional Council, the consent holder shall complete groyne construction works within 3 weeks of their commencement. Any subsequent modification works shall be completed within 3 weeks of their commencement. Construction 6. The consent holder shall ensure that the area and volumes of foreshore disturbance associated with groyne works are minimised as far as practicable, and any areas that are disturbed are reinstated as far as practicable, to the satisfaction of Waikato Regional Council. 7. No refuelling activities or fuel storage shall be carried out on the foreshore or within 20 metres of the coastal marine area. The consent holder shall employ methods to avoid or minimise any fuel spillage, including the provision of appropriate security and containment measures, where necessary. 8. Construction and any subsequent modification of the groyne (including associated vehicle movements) authorised by this resource consent shall be undertaken when the foreshore area is dry (above sea level at the time). 9. All plant, machinery, equipment and debris associated with works authorised under this consent shall be removed from the foreshore at the completion to the satisfaction of the Waikato Regional Council. Accidental discovery protocol 10. In the event of any archaeological site or koiwi being uncovered during the exercise of this consent, activities in the vicinity of the discovery shall cease. The consent holder shall consult with Ngati Hei hapu and Heritage New Zealand, and shall not recommence works in the area of the discovery until the relevant Heritage New Zealand approvals or other approvals to damage, destroy or modify such sites have been obtained where necessary.