Resource Consent for Waimea Community Dam - Lee Valley

Update 25 March 2015: Addendum Issued and Appeals Received

  • The Commissioners have under Section 133A of the RMA issued two minor corrections on the consent conditions included in the final decision of the Panel.
  • The first correction relates to the consent conditions relating to the biodiversity off-set package (conditions 44 to 61) being inserted into a specific section of the consent rather than applying to all consents.  This suite of conditions has now been moved to become conditions 13 to 43 with all cross-referencing subsequently updated.
  • The second correction relates to an incorrect cross-reference within condition 29(i) [page 13 of the original set].
  • A copy of the addendum is included below which includes a set of tracked changes to the conditions and a clean set of consent conditions which should now be referred to.
  • Three appeals have also been received on the decision released.  Forest & Bird and Fish & Game's appeals are still live but Department of Conservation has subsequently withdrawn theirs after the issue of the above Addendum.
  • A copy of the appeals are included below.
  • If you have any questions please contact Michael Croxford, Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Background

Resource consents are being sought to allow the construction, operation and maintenance of a dam and associated infrastructure on the Lee River in Tasman District, as part of the Waimea Water Augmentation Project.

The proposal involves capture of river flows (leaving an appropriate residual flow in the river), storage of the water in a reservoir, and then allowing release of that stored water through the dam during periods of high water demand and/or low natural river flows to augment both the instream flow and the amount of water available for use - either directly from the river or via recharging of the groundwater system.

It is the intention of the applicant that the various land parcels on which the dam and the reservoir are proposed to be sited will be merged into one land status.

Application Documents

1. Application and AEE 10. Section 42A Report 11. Further Information Request and Response 12. Applicant's Expert Evidence 13. Commissioner Questions and Response 14. Submitters' Expert Evidence 15. AE Memorandum and Amended Conditions 16. Supplementary Expert Evidence During Hearing 17. Reports Required Post Hearing 18. Applicant's Right of Reply 2. Appendix A - CTs and Company Certificate 3. Appendix B - Drawings 4. Appendix C - Draft Construction Traffic Management Plan 5. Appendix D - Outline Construction Env Management Plan 6. Appendix E - Draft Operation Maintenance, Surveillance & Manual 7. Appendix F - Draft Emergency Action Plan 8. Appendix G - Outline Biodiversity Enhancement Plan 9. Appendix H - Proposed Consent Conditions Environment Court Appeals Panel Minute and Direction 25 March 2015 Resource Consent Decision 26 February 2015

Read more about the Waimea Community Dam resource consent application and process.

Update 26 February 2015: Decision Released

  • The Commissioners have released their decision on the application for resource consents to allow the construction, operation and maintenance of a dam and associated infrastructure on the Lee River in Tasman District, as part of the Waimea Water Augmentation Project.
  • The resource consents have been granted subject to conditions.
  • A copy of the decision and conditions is available below.
  • If you have any questions please contact Michael Croxford, Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Update 10 February 2015: Hearing Closed

  • The Commissioners received a copy of the applicant's Right of Reply on 27 January 2015, a copy of which can be found in Folder 18 below.
  • The formal hearing was closed at 11.00am on Monday 9 February 2015 after the Commissioners were satisfied that no further information was required from any of the parties.
  • A decision is expected to be released during March 2015.
  • If you have any questions please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Update 10 December 2014: Hearing Adjorned

  • The formal hearing was adjorned at 3.00pm on Tuesday 9 December 2014.
  • The Commissioners gave directions to the terrestrial ecologists from both the Applicant and the Department of Conservation to prepare a written conferencing statement by 4.00pm Friday 12 December 2014 in conformity with the Environment Court practice note requirements for expert conferencing.  A copy of the direction and a note providing further clarification can be found in Folder 16 below, with the prefix Comm.
  • The Commissioners have requested that the Reporting Officers provide a final written supplementary report by 4.00pm Friday 19 December 2014.
  • Note: The above statement and report have both been submitted and are available for download below. 19 December 2014.
  • The Commissioners have then requested that the Applicant provide a written right-of-reply to matters at a date to be confirmed in late January 2015.
  • Copies of experts' supplementary statements of evidence provided through the hearing can also be found in Folder 16 below with the prefix of either AE-S for the Applicant and SE-S for Submitter.  Please note copies of lay evidence provided by some submitters is not provided electronically.  Copies of the Reporting Officers' statements provided during the hearing are also available with the prefix RE-S.
  • If you have any questions regarding the hearing procedures please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Update 28 November 2014: Submitters' Evidence Available

  • On 10 October 2014 the Chairperson issued special directions relating to pre-circulation of reports and expert evidence.
  • Submitters who intended to call expert evidence were to submit any briefs of evidence by Noon Friday, 21 November 2014.
  • Three submitters provided briefs and they are available below. Note: these documents have a prefix of SE
  • If you have any questions regarding the hearing procedures or if you have specific requirements regarding attendance or presenting at the hearing, please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Update 12 November 2014: Applicant's Evidence Available

  • On 10 October 2014 the Chairperson issued special directions relating to pre-circulation of reports and expert evidence.
  • The applicant was to submit any briefs of evidence by 4.00pm, Wednesday, 12 November 2014.
  • A copy of these briefs are available below. Note: these documents have a prefix of AE
  • Any person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence from that expert to Council by Noon Friday, 21 November 2014.
  • If you have any questions regarding the hearing procedures or if you have specific requirements regarding attendance or presenting at the hearing, please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Update 31 October 2014: S42A Report Available and Further Information

  • On 22 September 2014, Council issued a Further Information Request to the Applicant to which they responded on 6 October 2014.
  • Copies of the request and response are available below.
  • On 10 October 2014 the Chairperson issued special directions relating to pre-circulation of reports and expert evidence.
  • A copy of the S42A report was to be sent to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing by 4.00pm, Friday, 31 October 2014.
  • A copy of this S42A report and addendums is available below.
  • The applicant must provide their briefs of evidence to Council by 4.00pm Wednesday, 12 November 2014;
  • Any person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence from that expert to Council by Noon Friday, 21 November 2014.
  • If you have any questions regarding the hearing procedures or if you have specific requirements regarding attendance or presenting at the hearing, please contact Michael Croxford, Council’s Principal Resource Consents Advisor, at either michael.croxford@tasman.govt.nz or (03) 543 7241.

Update 25 September 2014: Update for Submitters on Application

  • Two Independent Commissioners have been appointed to hear and decide on the application.
  • There are 101 submitters, 56 of whom want to be heard.
  • A hearing has been scheduled for the first week of December (with the second week of December in reserve). 
  • MWH NZ Ltd has been engaged to lead the S42A reporting role, with assistance from Council consent and policy staff regarding the Tasman Resource Management Plan provisions including Plan Changes 45-48 and draft conditions of consent.
  • The S42A report will address the various matters that have been raised by submitters.
  • A request for further information has been sent to the applicant. The understanding we have is that the applicant will respond within the next two to three weeks, to allow the S42A report to be finalised by late October.
  • We expect that a formal notice of hearing will be sent out to those who want to be heard during the week of 6 October, when we can confirm the date for completion of the S42A report.  That notice will also include directions for pre-circulation of expert evidence.  Submitters’ expert evidence is likely to be required two weeks prior to the hearing.
  • More details of the hearing procedure will be sent out with the formal notice of hearing.

Application for Resource Consent

The Tasman District Council has received applications for resource consent as detailed below.  A hard copy of the applications and supporting information may be examined in the main office of the Council (Richmond), the Motueka Office, the Golden Bay Office and the Murchison Office during normal office hours.

A copy of the application documents can be downloaded through the link at the bottom of this page or a disk containing a copy of the application documents may be requested by contacting the Consents Administration Officer at the Tasman District Council offices (03 543 8400).

Intending submitters should use reference number RM140540.

Application Details

Applicant

Waimea Community Dam Limited

Applicant’s Address for Service 

Waimea Community Dam Limited, C/- Anderson Lloyd Lawyers, PO Box 13831, Armagh, Christchurch 8141

Attention: Sarah Eveleigh/Jen Crawford

Location

Lee Valley

Legal Description 

Sec 5 Blk II Rintoul SD, Sec 4 Blk II Rintoul SD, Lot 1 DP 350533, Sec 12 Blk II Rintoul SD, Sec 8 Blk II Rintoul SD, Lot 1 and Lot 2 DP 14351, Sec 13 Blk II Rintoul SD, Mt Richmond Forest Park and Pt Sec 10 Blk II Rintoul SD (Conservation land), Beds of Lee River and Waterfall Creek (Crown land), and Unformed Legal Roads

Proposed Lee Valley Community Dam

Background

Resource consents are being sought to allow the construction, operation and maintenance of a dam and associated infrastructure on the Lee River in Tasman District, as part of the Waimea Water Augmentation Project.

The proposal involves capture of river flows (leaving an appropriate residual flow in the river), storage of the water in a reservoir, and then allowing release of that stored water through the dam during periods of high water demand and/or low natural river flows to augment both the instream flow and the amount of water available for use - either directly from the river or via recharging of the groundwater system.

It is the intention of the applicant that the various land parcels on which the dam and the reservoir are proposed to be sited will be merged into one land status.

Scope of Application 

The application is for resource consents to construct a dam on the Lee River, create the reservoir behind the dam, and to operate and maintain the scheme including the discharge of water from the reservoir for downstream flow augmentation purposes.  Resource consents for the take and discharge of water for construction purposes are also sought.  A small scale hydroelectric power generation plant at the dam is included in the proposal.  The specific consents required for these activities are listed below.

The application does not include resource consents for the take and use of water released to the downstream river and groundwater.  These consents will be applied for at a later date by the future users of the water and are not part of the Lee Dam application.

Consent Type, Application Number and Proposal

Construction Activities

Once physical construction works commence, construction of the proposed Lee Dam is expected to take about three years.  However, there is likely to be a significant period of pre-construction planning and preparation, including the possibility of geotechnical testing.  Further, provision needs to be made for unforeseen delays and unexpected circumstances arising.  Accordingly, a 10-year term of consent is being sought for activities relating to construction (except for those land use activities that do not require an expiry date).

Water Permit (RM140544)

Water take from Lee River for construction purposes including for domestic use

Water Permit (RM140546)

Diversion of Lee River during construction

Land Use (RM140545)

Temporary diversion, access and damming structures including:

  • Culverts, fords, and/or bridges crossing Lee River and tributaries
  • Diversion culvert in Lee River
  • Diversion wall along true right bank of Lee River
  • Coffer and Starter dams in Lee River
  • Vehicles crossing the Lee riverbed and tributaries

Land Use (RM140547)

River bed disturbance associated with construction of the Lee Valley Community Dam

Land Use (RM140548)

Gravel excavation from the Lee riverbed and tributaries for material to build the dam, and geotechnical testing

Discharge Permit (RM140549)

Discharge of sediment to water (Lee River and tributaries) from land and bed disturbance activities (during construction)

Discharge Permit (RM140550)

Discharge of sediment to land from land disturbance activities (dam and reservoir works)

Discharge Permit (RM140551)

Discharge of dust to air

Discharge Permit (RM140552)

Discharge of stormwater during construction

Land Use (RM140553)

Land disturbance (removal and disposal of vegetation, excavation of material to build the dam, roading and tracking for dam construction and operation purposes, and reservoir slope stabilisation/preparation)

Land Use (RM140554)

Geotechnical testing, including bores and test pits (land disturbance)

Land Use (RM140542)

Rural industrial activity (aggregate processing, concrete batching etc) in the Rural 2 Zone

Land Use (RM140543)

Indigenous vegetation and indigenous forest removal in the Rural 2 and Conservation Zones

Land Use (RM140555)

Hazardous facilities in the Rural 2 Zone

Land Use (RM140555)

Rural industrial activity (aggregate processing, concrete batching etc) in the Rural 2 Zone

Ongoing Activities

The Lee Dam and its associated infrastructure will be a significant investment which is designed to be operational for at least 100 years.  A maximum consent term of 35 years is being sought for the permanent components of the proposal.

Water Permit (RM140556)

Take, diversion and use of water from the Lee River

Water Permit (RM140557)

Damming of the Lee River (permanent) and associated discharges (of sediment to water (Lee River) from the dam spillway; of contaminants to water from the dam during maintenance; of water to water (Lee River) through the dam including for maintenance and flushing flows) and potential hydropower generation

Land Use (RM140540)

Construction, operation, use and maintenance of the Lee Valley Community Dam and associated structures

Discharge Permit (RM140558)

Discharge of sediment to water (Lee River and tributaries) from land and bed disturbance activities during maintenance works

Land Use (RM140559)

Discharge of sediment to land from land disturbance activities - dam and reservoir maintenance works

Links

Read more about how to make a submission

Return to the Currently Notified Applications page