B-2 – Area 2 - Assessment of Environmental Effects 96 o If aquatic compensation is not appropriate, the activity itself is avoided. When evaluating an application against the effects management hierarchy, clause 3.24(3) of the NPSFM directs that the effects management hierarchy be applied to any loss of extent or values associated with (but not limited to) ecosystem health, indigenous biodiversity, hydrological functioning, Māori freshwater values and amenity. As identified in Section 3 of this AEE, the WRS will result in the temporary loss of up to 390 m of an unnamed tributary of the Mataura Stream. Section 5.11 of this AEE concludes that this tributary is of low ecological value. Key factors which limit the ability to avoid the loss of river extent and values, and which result in the proposed site selection have been described by OGNZL (2022) and demonstrate that there is a functional need for the WRS to occupy the unnamed tributary of the Mataura Stream. In summary, these include: The need for the rock stack to be located within close proximity to the proposed WUG Portal. The requirement for a natural depression to be large enough to accommodate the required rock storage volume, while also being of a gradient and shape that allows for the effective and efficient water management; The need for the rock stock to avoids natural wetlands and other areas of significant value indigenous flora and fauna; The need for the rock stack to be located such that effects on other environmental values can be suitably managed, including the geotechnical stability of the underlying land, construction effects, noise generation, visibility, land access and water management. Accordingly, there is a functional need for the WRS to traverse, locate and operate within the location identified because it can only legally and feasibly establish in that location. The effects management hierarchy has been applied to the design of the WRS to minimise the effects on river extent and values, by: occupying the smallest footprint practicable during construction of the WRS; protecting instream native fish species, including those associated with potential mahinga kai, by undertaking native fish and koura relocation within Unnamed Tributary 2 prior to works commencing; supervising vegetation clearance to ensure fauna are not harmed, and lizards and other notable invertebrates following procedures in the Fauna Management Plan; and minimising the potential for groundwater and surface water contamination by installing seepage drains to capture contact water before being diverted to the WTP for
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