Waihi North Project Preliminary Site Investigation (Ground Contamination) Williamson Water & Land Advisory Limited 48 Given the localised and shallow nature of potential contamination (if any), soil sampling can be cost effectively undertaken via hand auger and/or trowel. We anticipate it will be staged in a manner that supports the proposed WNP works. Sampling densities as described in MfE’s Contaminated Land Management Guideline No 5: Site Investigation and Analysis of Soils (updated 2021) and the New Zealand Guidelines for Assessing and Managing Asbestos in Soil (2017) will be adhered to. Results will be reported in a series of pre-works sampling reports addressing each area, or alternatively a single report if investigations are all completed at the same time. In the case of asbestos testing, it is standard for demolition/ removal to occur prior to testing, as the demolition process itself can often be a source of asbestos contamination. 5.3 Consenting implications 5.3.1 NESCS The NESCS sets out nationally consistent planning controls for assessing potential human health effects related to contaminants in soil. The NESCS applies to specific activities (soil disturbance and removal, subdivision, bulk soil sampling and land use change) undertaken on land where an activity included on the HAIL has occurred. Our assessment of the proposed WNP works relative to the NESCS shows the NESCS does apply to the site because HAIL activities have occurred, and earthworks and change of land use are proposed. The only project area which the NESCS does not apply to is the Coromandel Forest Park, as it is not considered a “piece of land” to which the NESCS applies, pursuant to NESCS Regulation 7. We have reviewed the NESCS permitted activity conditions for soil disturbance (Regulation 8(3)), as set out in Table 13. The earthworks will not comply with several conditions and therefore cannot be undertaken as a permitted activity. As no soil testing has been completed, the controlled activity and restricted discretionary provisions of the NESCS cannot be met. Therefore, resource consent for soil disturbance as a discretionary activity pursuant to NESCS Regulation 11 is required. The resource consent application is supported by this report and the SMP. Table 13. Permitted activity conditions for soil disturbance, NESCS Regulation 8(3) Rule 8(3) Permitted activity condition Evaluation (a) Implementation of controls to minimise exposure of humans to mobilised contaminants. Can be met if SMP prepared. (b) The soil must be reinstated to an erosion free state within one month of completing the land disturbance Unlikely to be met in several parts of the Project. (c) The volume of the disturbance of the piece of land must be no more than 25 m3 per 500 m2. Highly unlikely to be met. (d) Soil must not be taken away unless it is for laboratory testing or, for all other purposes combined, a maximum of 5 m3 per 500 m2 of soil may be taken away per year. Highly unlikely to be met. (e) Soil taken away must be disposed of at an appropriately licensed facility. Can be met through guidance in the SMP. (f) The duration of land disturbance must be no longer than two months. Cannot be met in several parts of the Project. (g) The integrity of a structure designed to contain contaminated soil or other contaminated materials must not be compromised. Can be met through controls in the SMP. Land use change is considered to constitute a permitted activity pursuant to NESCS Regulation 8(4) because it is highly unlikely that there will be a risk to human health if the activity (development of new mine facilities and upgrade of existing facilities) is done to the piece of land. The assessment against Regulation 8(4) is provided in Table 14. This PSI must be provided to Council to comply with the permitted activity conditions.
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