B-2 – Area 4 - Assessment of Environmental Effects 20 Activity Relevant rules and activity status Comment To disturb soil within a HAIL site Discretionary Activity under Regulation 11 of the NES for Assessing and Managing Contaminants in Soil to Protect Human Health Where it enters the Waihi SFA Area 4 is located within a HAIL site (Category A8). The PSI states it is unlikely the farmland through which Area 4 passes is unlikely to be a HAIL site but has not ruled it out. The activity is therefore attributed a discretionary status as per Regulation 11. For completeness, it is confirmed that: No Category A or B Heritage Features will be disturbed by the various activities associated with the establishment of the Services Trench (Area 4); No Outstanding Natural Landscape identified in Section 6.3 of the HDP will be disturbed by the activities associated with the establishment of the Services Trench (Area 4); No Significant Trees covered by the rules in Section 6.4 of the HDP will be disturbed by the various activities associated with the establishment of the Services Trench (Area 4); The earthworks rules in Section 7.8 of the HDP do not apply to the various activities associated with the establishment of the Services Trench (Area 4), as all associated earthworks are deemed mining operations as per the definitions in the HDP, and because any excavation will be replaced with cleanfill up to the ground level which existed prior to the excavation and is excluded under clause (j); and The District Wide performance standards in Section 8 of the HDP do not impact on the activity status of the land use consents sought as they only apply to permitted or controlled activities. 4.2 WAIKATO REGIONAL COUNCIL The permitted activity rules and resource consents required to authorise activities relating to the Services Trench are set out in Table 2, below. They include: A s9 resource consent for soil disturbance where the Services Trench passes through high-risk erosion areas;
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