CALDER PARK PROJECT STAGE 1 EPBC Act Approval Compliance Report (EPBC 2012/6439) Prepared for: METRO TRAINS MELBOURNE Level 28, 80 Collins Street, Melbourne, VIC 3000 Prepared by: Kellogg Brown & Root Pty Ltd ABN 91 007 660 317 Level 3, 441 St Kilda Road Melbourne VICTORIA 3004 Telephone 03 9828 5333, Facsimile MET401-TD-EV-REP-0003 Rev 1
CONTENTS Section Page 1 INTRODUCTION 1 2 EPBC ACT APPROVAL CONDITIONS 2 3 IMPLEMENTATION OF THE GROWLING GRASS FROG CONSERVATION MANAGEMENT PLAN 10 4 CONCLUSIONS 12 MET401-TD-EV-REP-0003 Rev. 1 iii
1 Introduction Metro Trains Melbourne (MTM) has engaged Kellogg Brown & Root Pty Ltd (KBR) to prepare a compliance report in response to Condition 6 of the Environment Protection and Biodiversity Conservation Act 1999 approval for the Calder Park Stabling and Maintenance Yard (EPBC 2012/6439). Condition 6 requires the following: Within three months of every 12 month anniversary of the commencement of the action, the person taking the action must publish a report on their website addressing compliance with each of the conditions of this approval, including implementation of any management plans as specified in the conditions. Documentary evidence providing proof of the date of publication and noncompliance with any of the conditions of this approval must be provided to the department at the same time as the compliance report is published. Unless otherwise specified in writing by the Minister, this condition is specifically limited to the first 6 years post commencement of the construction activities. This report addresses the projects compliance with the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) approval conditions required for the project. This is specifically demonstrated in Section 2. As stated in Condition 6, the project was also required to implement a dedicated management plan produced to meet Condition 2, the Growling Grass Frog Conservation Management Plan (GGFCMP). Section 3 of this report indicates compliance with Conditions 2 and 6 for the implementation of the GGFCMP. These conditions include specific requirements around the removal of growling grass frog habitat and handling and management of growling grass if found during construction. It is important to note that no growling grass frog were found immediately prior to or during construction and that the designated habitat that required compensation was not impacted during the current stage of the project. Background Public Transport Victoria (PTV) and Metro Trains Melbourne (MTM) are developing the Calder Park Stabling and Maintenance Yard (SAMY) Project in response to the Victorian Government s purchase of eight new X Trapolis trains and the planned removal of the existing stabling roads at St Albans. The EPBC Act referral and preliminary documentation related to the broader project, which included two stages. Stage 1 includes the construction of six stabling roads and a small facility for train drivers. Stage 1 of the project is being delivered by PTV and MTM. MTM will be the principal contractor for the project, responsible for preparing and implementing the project Construction Environmental Management Plan (CEMP) MET401-TD-EV-REP-0003 Rev. 1 1
and the GGFCMP. The works commenced on 12 May 2014 and is planned to be completed in November 2015. The next stage of the project, Stage 2, is not currently being delivered. The proposed stage includes the construction of a large maintenance facility and several more stabling roads and is proposed to result in the removal of a dam, considered to be habitat for the growling grass frog. Offset and translocation requirements included in the EPBC Act approval conditions and documentation are applicable for the removal of this dam. These requirements for growling grass frog offsets and translocation are not applicable to the current Stage 1, as the dam is being retained and protected during this current stage. This was indicated in the GGFCMP. Should Stage 2 proceed and impact the dam, this will require growling grass frog offsets and works for translocation of the species. 2 EPBC Act approval conditions A summary of compliance with EPBC Act approval conditions is in Table 1 below. MET401-TD-EV-REP-0003 Rev. 1 2
Table 1 Conditions attached to EPBC Act approval (EPBC 2012/6439) and demonstration of compliance Conditions attached to approval Compliance Evidence/documentation 1. Construction activities must not occur outside of the study area as illustrated in Appendix A. Construction activities were contained to the study area. This was achieved through implementation of the project CEMP. 2. Prior to the commencement of construction activities, the person taking the action must submit a Growling Grass Frog Conservation Management Plan for the Minister s approval. Prior to its submission, the CMP must be peer reviewed by a Growling Grass Frog expert and once approved must be implemented. At a minimum, the CMP must include: a. Commitments that decommissioning of dams within the study area, will occur outside the Growling Grass Frog breeding season (i.e. decommissioning activities must not occur between September and March inclusive) Additional works were required outside of the study area. The proponent sought approval for the impacts outside the study area from the Department of the Environment (DoE) as demonstrated through correspondence 2012/6439, dated 16 June 2014. Growling Grass Frog Conservation Management Plan (GGFCMP) was approved by a delegate of the Minister for the Environment on 30 April 2014. The GGFCMP only applies to Stage 1 of the works. If future stages of the Project are funded and are to proceed, a CMP for GGF will be issued for approval for these stages prior to works commencing. Not relevant to Stage 1 as no decommissioning of dams was required Emails to DoE noting additional works required for the project issued to the Department on 4 May 2014, 22 May 2014 and 5 June 2014. Agreement from DoE (correspondence 2012/6439, dated 16 June 2014) that additional works were unlikely to result in a significant impact on matters of national environmental significance. Further detail on the implementation of the GGFCMP is documented in Section 3, below. Growling Grass Frog Conservation Management Plan, Section 8, Development stages drawing (Figure 3). MET401-TD-EV-REP-0003 Rev. 1 3
Conditions attached to approval Compliance Evidence/documentation b. Details of sedimentation and erosion control measures to be implemented at all stages of the proposed action, to Table 7.2 of the Construction Environment Management Plan. Further detail is included in Section 3, below. prevent debris and sedimentation Figure 1 shows the frog fence also acting as entering nearby waterways and sediment control for Dam 4. To the right of the drainage lines fence is the construction area, designated for the Taylors Creek re-alignment. Figure 1. Frog fence south of Dam 4 MET401-TD-EV-REP-0003 Rev. 1 4
Conditions attached to approval Compliance Evidence/documentation c. Details of how hygiene measures to prevent the introduction of Chytrid fungus, will be implemented in Growling Grass Frog Conservation Management Plan, Sections 2.2.3, 2.2.4 and 2.2.5. Further detail is included in Section 3, below. accordance with the Hygiene protocol Rumble grids were installed at the construction for control of diseases in frogs (DECC entrance and exit points (see Figure 2 adjacent). NSW, 2008) Figure 2. Rumble grids installed at the project entrance from Holden Road MET401-TD-EV-REP-0003 Rev. 1 5
Conditions attached to approval Compliance Evidence/documentation d. Details, including timing, materials and methods required for the installation of the fencing to prevent Growling Grass Frog Conservation Management Plan, Section 2.2.6. Further detail is included in Section 3, below. Growling Grass Frogs from entering Adjacent photo is the frog fence along Taylor the construction site Creek drainage line. e. A specific chapter that includes commitments to compensate for the unavoidable impact to the Growling Grass Frog by creating habitat, including wetlands, in accordance with current scientific literature. 3. Prior to the commencement of construction activities, the person taking the action must provide the department with illustrations and maps that clearly define the location and boundaries of the proposed translocation area. This was not applicable to Stage 1 of the project therefore the Growling Grass Frog Conservation Management Plan did not include these aspects This was not applicable to Stage 1 of the project. Figure 3. Frog fence along the boundary of the works adjacent to the Taylors Creek tributary identified for re-alignment. MET401-TD-EV-REP-0003 Rev. 1 6
Conditions attached to approval Compliance Evidence/documentation 4. Within five days after the commencement of the action, the person taking the action must advise the department in writing of the actual date of commencement. Construction commenced on commenced on Monday 12 May 2014. Cassi Elliot form DOE was emailed on 13/05/2014 by Ruth Macdonald. Email correspondence number MET401-C2-S00038. 5. The person taking the action must maintain accurate records substantiating all activities associated with or relevant to the conditions of approval, including measures taken to implement the management plan required by this approval, and make them available upon request to the department. Such records may be subject to audit by the department or an independent auditor in accordance with section 458 of the EPBC Act, or used to verify compliance with the conditions of approval. Summaries of audits will be posted on the department's website. The results of audits may also be publicised through the general media. 6. Within three months of every 12 month anniversary of the commencement of the action, the person taking the action must publish a report on their website addressing compliance with each of the conditions of this approval, including implementation of any management plans as specified in the conditions. Documentary evidence providing proof of the date of publication and noncompliance with any of the conditions of this approval must be provided to the department at the same time as the compliance report is published. Unless otherwise specified in writing by the Accurate records have been maintained in the MTM system. The GGFCMP is the only management plan required to be implemented by this approval. Further detail on the implementation of this document is provided in Section 3. This is the subject of this report. The report will be published on the PTV website. Correspondence to the Minister has requested that reporting is limited to 2 years post construction as there are no ongoing management actions associated with the Stage 1 scope of works. There is no requirement for habitat compensation. MET401-TD-EV-REP-0003 Rev. 1 7
Conditions attached to approval Compliance Evidence/documentation Minister, this condition is specifically limited to the first 6 years post commencement of the construction activities. 7. If the person taking the action wishes to carry out any activity otherwise than in accordance with the management plan as specified in the conditions, the person taking the action must submit to the department for the Minister's written approval a revised version of that management plan. The varied activity shall not commence until the Minister has approved the varied management plan in writing. The Minister will not approve a varied management plan unless the revised management plan would result in an equivalent or improved environmental outcome over time. If the Minister approves the revised management plan, that management plan must be implemented in place of the management plan originally approved. No revisions of the GGF CMP were made 8. If the Minister believes that it is necessary or convenient for the better protection of listed threatened species and ecological communities to do so, the Minister may request that the person taking the action make specified revisions to the management plan specified in the conditions and submit the revised management plan for the Minister's written approval. The person taking the action must comply with any such request. The revised approved management plan must be No request was made by the Minister. MET401-TD-EV-REP-0003 Rev. 1 8
Conditions attached to approval Compliance Evidence/documentation implemented. Unless the Minister has approved the revised management plan then the person taking the action must continue to implement the management plan originally approved, as specified in the conditions. 9. Unless otherwise agreed to in writing by the Minister, the person taking the action must publish all management plans referred to in these conditions of approval on their website. Each management plan must be published on the website within 1 month of being approved. The GGFCMP was published on the PTV website within one month of being approved. MET401-TD-EV-REP-0003 Rev. 1 9
3 Implementation of the Growling Grass Frog Conservation Management Plan This section provides a description of the requirements of the Growling Grass Frog Conservation Management Plan (GGFCMP) and evidence and documentation to demonstrate implementation. No growling grass frogs were located during construction, as such there was no requirement for implementation of frog handling protocols, nor is there any need for further monitoring. Peer review This CMP has been peer reviewed by a Growling Grass Frog expert in accordance with Condition 2 of the EPBC Act approval. The current revision of the GGFCMP was been reviewed by Alan Webster, Program Manager, Biodiversity Land Use Planning at the Department of Environment Land Water and Planning (DELWP) who has 15 year experience in the conservation and management of Growling Grass Frogs. A previous peer review was also undertaken by Dr Frank Lemckert, Team Leader Ecology of Niche Environment and Heritage. Pre-construction Provision of a Zoologist and Site Environmental Officer Peter Myroniuk, Zoologist from Wildlife CSI Pty Ltd, was engaged as the projects zoologist. A MTM Site Environment Officer (SEO) was appointed to the project, permanently based on site during construction. The duties of the SEO included regular inspections of the frog fencing and sediment fencing and ensuring new staff and contractors were appropriately inducted. The SEO was supported by a part-time project ecologist. Frog Fencing Installation and Associated Pre-Construction Vegetation Clearance The zoologist completed a pre-construction vegetation clearance of the frog fence location and surrounding habitat prior to vegetation clearance to facilitate fence installation. This included adjacent aquatic habitat along Taylors Creek. The pre-construction checks were completed between 5 and 8 May 2014 with vegetation clearance beginning on 12 May 2015. The pre-clearance checks therefore occurred within 7 days prior to vegetation clearance, within the defined construction area, including for the installation of the frog fence. The timing of the checks complies with the GGFCMP, in relation to the clearance of vegetation outside the breeding season and between April and August (see Section 2.3.3 of the GGFCMP). It should be noted that at the time of pre-clearance checks and vegetation clearance, the Taylors Creek drainage line was dry and therefore, the terrestrial pre-clearance MET401-TD-EV-REP-0003 Rev. 1 10
survey technique was used instead of the pre-clearance aquatic survey technique (see Section 2.3.4 of the GGFCMP). The alignment of the frog fencing was based on design included in the GGFCMP, with minor variations tailored to site conditions completed as per the instruction of the zoologist on the day. The design and installation of the fence were then approved by the zoologist upon completion of the fence construction. As the locations of the frog fence corresponded with sediment control requirements, the frog fence additionally acted as a sediment fence. Hence, reinforced shade cloth used as the frog fencing material as per Section 2.2.6.2 of the GGF CMP. Site Inductions A site induction was carried out by the zoologist for staff involved in the vegetation clearance prior to the installation of the frog fence. All other project personnel were inducted into the project, which included information on the ecological values of the site, in particular the growling grass frog. Information posters were developed for site personnel that were attached to project notice boards, doors and other site common areas. These sheets included information on detection of growling grass frog and what to do if the species or similar has been found during construction. Construction Hygiene controls All vehicles entering and exiting the construction area were removed of mud and debris by passing over rumble grids installed along construction roads. Rumble grids were regularly cleaned of mud and debris. The construction area was established when there was no water within the Taylor Creek drainage line and the water course was dry. Construction activities were then contained within this area and no other construction activities entered within 100 m of a waterway or wetland. Hence, no decontamination stations were established for the project. Environmental monitoring Regular site environmental monitoring was completed by the SEO as part of the construction environmental monitoring requirements. This monitoring included the review of the frog fence (also acting as sediment controls) condition and functionality. Post Construction Mitigation Measures Taylors Creek Re-alignment Included in the Stage 1 works was the re-alignment of Taylors Creek tributary to enable natural water flow to and through the updated culvert. As part of the GGFCMP, the alignment works were required to encompass habitat improvement works by planting out the area with indigenous species typical of wetland margins as habitat for the growling grass frog. MET401-TD-EV-REP-0003 Rev. 1 11
At the time of preparing this report, no indigenous wetland species were planted, with only exotic grasses used with matting to stabilise the soil. The project is planning to further revegetate the re-aligned area with suitable species, to demonstrate compliance with the GGFCMP and the EPBC Act approval conditions. Removal of Frog Fencing and Sediment Controls No frogs were recorded on site either immediately prior to, during pre-clearance surveys, or during works. Hence, following installation of permanent features and the re-alignment of Taylors Creek drainage line, frog fencing acting as sediment controls was removed by project staff, as the zoologist was not required to supervise. 4 Conclusions As minimal impacts to growling grass frog habitat occurred in Stage 1 of the project, several of the impact mitigation measures were not required at this point of the project. These requirements, predominately enhancement of the identified translocation area, are only required for Stage 2. In addition, the development frog handling protocols and ongoing monitoring of the project through construction were only required if frogs were recorded or observed. As no frogs were recorded either immediately prior to vegetation clearance or during construction, frog handling protocols and monitoring was not required at this stage of the project. The project is considered to meet all EPBC Act approval conditions and actions required by the GGFCMP apart from the need to undertake habitat improvement works through planting with wetland species at the Taylors Creek drainage line. This is planned to be addressed by MTM to demonstrate compliance with all EPBC Act conditions, including the implantation of the GGFCMP. MET401-TD-EV-REP-0003 Rev. 1 12