Earthworks guidance note examples

Examples of Archaeological Conditions on Resource Consent

An example of a condition that could be imposed is:

"In the event that undisturbed archaeological material is encountered during earthworks on the site, all work shall cease in the vicinity and the Historic Places Trust shall be notified immediately. Where an authority is required from the Historic Places Trust, work shall only continue once an appropriate authority has been obtained under the Historic Places Act 1993." (Condition attached to Wellington City Council resource consent decision)

An Advice Note may be appropriate in circumstances where archaeological site protection is not a specific matter addressed in a plan:

"The applicant should be aware that the Historic Places Act 1993 (HPA) provides for the identification, protection, preservation and conservation of the historic and cultural heritage of New Zealand. Under Section 2 of the HPA, an archaeological site is defined as a place associated with pre-1900 human activity where there may be evidence relating to the history of New Zealand. Section 10 directs that an authority is required from the New Zealand Historic Places Trust if there is "reasonable cause" to suspect an archaeological (recorded or unrecorded) may be modified, damaged or destroyed in the course of any activity. An authority is required for such work whether or not the land on which an archaeological site may be designated, of a resource or building consent has been granted, or the activity is permitted in a regional or district plan. Evidence of archaeological sites may include oven stones, charcoal, shells, ditches, banks, pits, terraces, stone walls, building foundations, artefacts of Maori and European origin or burials." (Advice Note attached to Taranaki Regional Council resource consent decision).

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Example of information included in a sediment control plan

The following is a generic example of the type of matters to be covered in a sediment control plan.

1. Introduction

2. Background to Project and Proposed Earthworks

3. Site Management

3.1 Liaison

3.2 Management

4. Works Description

4.1 Earthworks

4.1.1 USLE Calculations

4.2 Sediment Control Measures

4.3 Fill Stability

5. Earthwork Staging

5.1 Stage 1 - Site Preparation

5.2 Stage 2 - Sediment Control Measures

5.3 Earthworks and Filling

6. Methodology

6.1 Clearing of the site

6.2 Diversion bunds installed

6.3 Silt Fences

6.4 Site Access

6.5 Sediment Ponds and Construction

6.6 On-site Construction

6.7 Dust Control

7. Maintenance and Monitoring of Control Measures

8. Rehabilitation

8.1 Temporary Stabilisation

8.2 Permanent Stabilisation

9. Communications and complaints procedures

9.1 Recording and dealing with complaints

9.2 Consultation protocol

Appendices

Engineering Reports and Design Plans
Sediment Generation and Control Calculations

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Example of sediment catchment yield

State Highway 1: Northern Motorway Extension (ALPURT B2), Transit New Zealand

Naturally occurring sediment yield (33 ha site)	17 tonnes per annum
Uncontrolled Earthworks Activity on Site (33 ha. x 168, Calculated by Universal Soil Loss Equation1)	Estimate of 5500 tonnes per annum
Physical Sediment Control Measures Employed (33ha x 75% effectiveness)2	Estimate of 1400 tonnes per annum
Chemical Sediment Control Measures Employed e.g : Flocculation (33ha x 95% effectiveness)3	Estimate of 275 tonnes per annum

References:

1. Universal Soil Loss Equation - An equation used for the design of a water erosion control system: being
A = RKLSCP where:
A = the soil loss in tons per ha per annum:
R = the rainfall factor
K = the soil erodibility factor
LS =the slope length and gradient factor
C = the vegetation factor
P = the surface roughness factor

2. R Winter 1998, Predicting Sediment yield through the Earthworks development stage of a subdivision, Auckland, and assessment of efficiency of sediment retention pond, MSc Thesis, University of Waikato

3. The Use of Flocculants and Coagulants to Aid the Settlement of Suspended Sediment in Earthworks Runoff: Trials, Methodology and Design [draft] June 2004 Technical Publication 227, Auckland Regional Council.

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Examples of Condition on Resource Consent

"The consent holder shall take all necessary action to prevent a dust nuisance to neighbouring properties and public roads including, but not limited to:

The staging of areas of the works;
The retention of all existing shelter belts and vegetation;
The installation of wind fences and vegetated strips;
Watering of all haul roads and manoeuvring areas during dry periods;
Spraying of load dumping operations;
Suspension of all operations if necessitated by the prevailing weather conditions.

The site, or parts thereof as appropriate, shall be regrassed or otherwise protected from wind and water erosion immediately on the completion of bulk earthworks whether or not other works are completed." (Condition attached to Rodney District Council resource consent decision).

Newbury Test

In terms of resource consent conditions, consideration should be given to "the Newbury test" [Newbury DC v Secretary of State for the Environment [1981] AC 578, 1 All ER 731 ] as follows:

The condition must be for a planning (resource management) purpose, not for an ulterior one;
The condition must fairly and reasonably relate to the development authorised by the consent and to which the condition is attached;
The condition must not be so unreasonable that no reasonable planning authority duly appreciating its statutory duties could have approved it.
The condition is enforceable and has sufficient specificity, clarity and accuracy of expression to provide a measure of certainty.

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Example of condition on resource consent - dust

"The consent holder shall take all necessary action to prevent a dust nuisance to neighbouring properties and public roads including, but not limited to:

The staging of areas of the works;
The retention of all existing shelter belts and vegetation;
The installation of wind fences and vegetated strips;
Watering of all haul roads, wheel washing and manoeuvring areas during dry periods;
Covering loads on trucks;
Water spraying of load dumping operations;
Suspension of all operations if necessitated by the prevailing weather conditions.

The site, or parts thereof as appropriate, shall be regrassed or otherwise protected from wind and water erosion immediately on the completion of bulk earthworks whether or not other works are completed." (Modification of a condition attached to Rodney District Council resource consent decision).

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Examples of Benefits and Costs for Earthworks Methods

Methods	Benefits	Costs
Regulatory - Area wide vs Catchment wide	Certainty about the specific areas to which the rules apply.	Cost of consent applications. Cost of monitoring/ enforcing compliance with standards.
Regulatory - Thresholds	Certainty about the scale of change that can occur. Targeted assessment required for large-scale proposals.	Cost of consent applications. May unnecessarily restrict some activities. Cost of monitoring/ enforcing compliance with standards.
Bylaws	Flexible in purpose and administration.	Cost of monitoring/ enforcing compliance with bylaws.
Code of Practice/Standards	Consistent approach that provides a high level of certainty.	May not be specifically applicable to local conditions.
Other Legislation	Complements RMA requirements.	Potential for conflict between requirements. No direct additional costs.
Guidelines/Practice Notes	Increases public and contractor awareness of environmental issues and encourages improved practice.	Cost of preparing and distributing information. Cost of training. Difficulties in monitoring compliance and ensuring consistent implementation.

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