AMENDMENTS TO THE REGIONAL PLANS RELATING TO LAND REPAIR ON EARTHQUAKE DAMAGED RESIDENTIAL LAND UNDER s27 OF THE CANTERBURY EARTHQUAKE RECOVERY ACT 2011 1. This memorandum outlines the specific changes to the Canterbury Regional Council regional plans that have made under s27(1)(a) of the Canterbury Earthquake Recovery Act (2011) (CER Act). The amendments to the regional plans have been made in order to streamline and simplify the planning process for owners of earthquake damaged residential land. 2. The geographic extent of the regional plan amendments is shown as the hashed area in Figure 1. The hashed area encompasses land located within the Christchurch-West Melton, Waimakariri and Selwyn-Waihora sub-regional sections defined in the proposed Land and Water Regional Plan 1. Figure 1 Map showing the geographic extent of the proposed plan amendments 3. Given the geographic extent of the area, amendments have been made to the following regional planning documents The operative Natural Resources Regional Plan (NRRP) (Report R11/2) The operative Waimakariri River Regional Plan (WRRP) (Report R11/21) The proposed Land and Water Regional Plan (plwrp) (as notified on 11 August 2012) 1 The extent of the sub-regional boundaries is as defined in the proposed Land and Water Regional Plan as notified on 11 August 2012.
4. The amendments made to each of the regional plans are detailed below under the applicable subheadings. Additions are shown in underlined font, and deletions shown in strikethrough. NATURAL RESOURCES REGIONAL PLAN (NRRP) AMENDMENTS 5. The amendments to the NRRP are limited to amendments only to Chapter 4 (Water Quality) of the NRRP. The amendments involve the insertion of: a new objective (Objective WQL5), a new policy (Policy WQL21); a new rule (Rule WQL36A); a rule explanation note to support Rule WQL36A; two new schedules (Schedule WQL14 and Schedule WQL15) minor amendments to the figures, tables, etc to ensure consistency throughout the plan. 6. A detailed description of amendments made to Chapter 4 of the NRRP is provided below. 7. In the Table of Contents section after Policy WQL20: Effects of Activities in Christchurch Groundwater Protection Zone 3. insert a new Objective entitled Objective WQL5 as follows: Objective WQL5 Repair of earthquake damaged land on individual sites used for residential activities. 8. In the Table of Contents section after the insertion of Objective WQL5, insert a new policy entitled Policy WQL21 as follows: Policy WQL21 Enable the repair of earthquake damaged land on individual sites used for residential activities. 9. In the Table of Contents Section under the Heading Water Quality Schedules and after Schedule WQL13, insert a new line of text as follows: Schedule WQL14 Map showing area to which Rule WQL36A applies 10. In the Table of Contents Section under the Heading Water Quality Schedules and after Schedule WQL14, insert a new line of text as follows: Schedule WQL15 Map showing High Risk Soil Erosion Areas 11. On Page 4-12 in Table WQL4 Relationship between existing regional plans and water conservation orders and the NRRP Chapter 4 amend as follows: Waimakariri River Regional Plan The regional rules of Chapter 4 of the NRRP authorising some permitted activities, prohibiting or requiring resource consent for a discharge to groundwater, or to land more than 20 metres from a surface water body, and certain land uses apply in the area of the Waimakariri River Regional Plan. Except for Rule WQL36A,, Rregional rules in Chapter 4 of the NRRP authorising discharges of sewage tank effluent, animal effluent, land drainage water, aquifer or bore test water, water tracers, cooling water, stormwater and swimming pool water, or rules requiring a resource consent for a discharge of a contaminant to surface water, or onto land within 20 metres of a surface water body or where a contaminant may enter surface water, do not apply in the area of the Waimakariri River Regional Plan. Rule WQL36A applies within the area of the Waimakariri River Regional Plan, where the activity is carried out within the boundaries of Greater Christchurch.
12. On Page 4-24, under the Heading Issue Resolution, amend the diagram by adding in Objective WQL5 and Policy WQL2 to the flowchart as follows: Policy WQL14 Effects of Activities in Christchurch Groundwater Protection Zone 1. Policy WQL15 Effects of Activities in Christchurch Groundwater Protection Zone 1A (Urban). Policy WQL16 Effects of Activities in Christchurch Groundwater Protection Zone 1B (Mineral Extraction). ISSUE WQL4 CHRISTCHURCH GROUNDWATER Objective WQL4 The quality of Christchurch groundwater Policy WQL17 Effects of Activities in Christchurch Groundwater Protection Zone 1C (Christchurch International Airport). Policy WQL18 Effects of Activities in Christchurch Groundwater Protection Zone 1D (Designations). Policy WQL19 Effects of Activities in Christchurch Groundwater Protection Zone 2. Policy WQL20 Effects of Activities in Christchurch Groundwater Protection Zone 3. Objective WQL5 Repair of earthquake damaged land on individual sites used for residential activities Policy WQL21 Enable the repair of earthquake damaged land on individual sites used for residential activities
13. On Page 4-113, after the storage and/or use of hazardous substances as defined as a territorial authority responsibility in the Canterbury Regional Policy Statement. and before Heading 4.6 Regional Rules on page 4-114, insert Objective WQL5 as follows: Objective WQL5: Repair of earthquake damaged land used for residential activities Enable a timely and expeditious recovery process for communities by permitting within the area shown in Schedule WQL14, the repair of earthquake damaged land on sites used for residential activities, within specific thresholds. 14. On Page 4-113 after Objective WQL5, Policy WQL21 has been inserted as follows: Policy WQL21: Enable the repair of earthquake damaged land on sites used for residential activities (1) Until 31 December 2018, and where the site was used for residential activities as at 4 September 2010, enable within the area shown in Schedule WQL14, the repair of earthquake damaged land within specified thresholds as permitted activities. Beyond these thresholds, provide for land repair activities by way of a resource consent, where the adverse effects on the environment are mitigated. (2) Ensure a focused and expedited decision making process for landowners by requiring resource consent applications to be processed and considered without public or limited notification. In addition, ensure the social, economic, cultural and environmental well-being of communities is met by requiring adverse effects from the repair of earthquake damaged land to be mitigated through conditions of consent. 15. On pages 4-115 4-118, Table WQL8 specifies the areas to which the rules in Chapter 4 of the NRRP apply. Where an activity described in Rule WQL36A is carried out, Rule WQL36A will apply instead of the existing rules in the NRRP that relate to that activity. To clarify where the rules apply, the following amendments to Table WQL8 have been made. Where the rule applies Rule No. Activity type Description Activity Status Page No. Everywhere in the Canterbury region excluding where the discharge is to a river, lake or artificial watercourse, or onto or into land, and is controlled by the Opihi River Regional Plan or the Waimakariri River Regional Plan or is an activity that is classified by Rule WQL36A. WQL1 WQL2 Discharge Discharge Discharge of water or a contaminant into a river, lake or artificial watercourse, or onto land which may result in water or a contaminant entering a river, lake or artificial watercourse Discharge of land drainage, site dewatering, aquifer test or bore development water into a river, lake or artificial watercourse, or onto land which may result in water or a contaminant entering a river, lake or artificial watercourse Permitted Permitted 121 122 Everywhere in the Canterbury region excluding where the land use is controlled by the Land and Vegetation Regional Plan Part 1: Earthworks and Vegetation Clearance Kaikoura and East Coast, or is an activity that is classified by Rule WQL36A. WQL29 WQL30 Land Use Land Use Vegetation clearance within a riparian zone or adjacent to a wetland boundary Earthworks or cultivation within a riparian zone or adjacent to a wetland boundary Permitted Restricted Discretionary Permitted Restricted Discretionary 173 175
Where the rule applies Rule No. Activity type Description Activity Status Page No. Everywhere in the Canterbury region excluding where the land use is an activity that is classified by Rule WQL36A. WQL35 Land Use Construction and use of a bore excluding a groundwater bore, or a hydrocarbon bore Permitted Discretionary 181 Everywhere in the Canterbury region excluding where the land use is an activity that is classified by Rule WQL36A. WQL36 Land Use Excavation of land in the Coastal Confined Gravel Aquifer System, or over an unconfined or semi-confined aquifer Restricted Discretionary Discretionary 182 Non-complying Everywhere within the hashed area shown on Schedule WQL14. WQL36A Land Use Discharge Taking of The repair of earthquake damaged land used for residential activities, and the associated taking and discharge of groundwater for dewatering and land drainage purposes. Permitted Restricted Discretionary Page groundwater Everywhere in the Canterbury region excluding where the land use is an activity that is classified by Rule WQL36A. WQL37 Land Use Deposition of more than fifty cubic metres of material into excavated land over an unconfined or semi-confined aquifer Controlled Discretionary 183 16. Each of the individual rule documents in Chapter 4 of the NRRP includes a section which specifies the geographic area to which the rule applies. As Rule WQL36A over-rides the existing rules in certain situations, an amendment to each of the rule documents listed in the table above as detailed below has been made. 17. On Page 4-122, within Rule WQL2, in the left hand column of the rule under the heading Where Rule Applies the rule has been amended as follows: This rule applies everywhere in the Canterbury region, excluding: (a) The Coastal marine area; and (b) Where the discharge is to surface water or onto land and is controlled by the (i) (ii) (iii) Opihi River Regional Plan; or Waimakariri River Regional Plan; or Rule WQL36A of the NRRP 18. On Page 4-173, within Rule WQL29, in the left hand column of the rule under the heading Where Rule Applies the rule has been amended as follows: This rule applies everywhere in the Canterbury region, excluding: (a) The Coastal marine area; and (b) Where the land use is controlled by the Land and Vegetation Regional Plan Part 1: Earthworks and Vegetation Clearance Kaikoura and East Coast; or (c) Where the activity is classified by Rule WQL36A. 19. On Page 4-175, within Rule WQL30, in the left hand column of the rule under the heading Where Rule Applies, the rule has been amended as follows:
This rule applies everywhere in the Canterbury region, excluding: (a) The Coastal marine area; and (b) Where the land use is controlled by the Land and Vegetation Regional Plan Part 1: Earthworks and Vegetation Clearance Kaikoura and East Coast; or (c) Where the activity is classified by Rule WQL36A. 20. On Page 4-181, within Rule WQL35, in the left hand column of the rule under the heading Where Rule Applies, the rule has been amended as follows: This rule applies everywhere in the Canterbury region, excluding: the Coastal marine area (a) the Coastal marine area; or (b) Where the activity is classified by Rule WQL36A. 21. On Page 4-182, within Rule WQL36, in the left hand column of the rule under the heading Where Rule Applies, the rule has been amended as follows: This rule applies everywhere in the Canterbury region, excluding: the Coastal marine area (a) the Coastal marine area; or (b) Where the activity is classified by Rule WQL36A. 22. After Rule WQL36 the following rule has been inserted:
Rule WQL36A The repair of earthquake damaged land on individual sites used for residential activities, the discharge of sediment-laden water, and the associated taking and discharge of groundwater for dewatering and land drainage purposes Activity Prior to 31 December 2018, the repair of earthquake damaged land located outside the High Soil Erosion Risk Areas shown on Schedule WQL15, and which is carried out on an individual site used for residential activities, (but excluding any residential property zoned red by the Canterbury Earthquake Recovery Authority), which involves any one or more of: (a) the use of land for: (i) the excavation of material over the unconfined, semi-confined or coastal confined aquifer system; (ii) the deposition of material into land; or into groundwater; and any associated discharge into groundwater; (iii) vegetation clearance or earthworks within the riparian margin (defined for the purposes of this rule as any land with 10 metres of the bed of a river, lake or wetland boundary); (iv) the installation, maintenance, and use of a bore for geotechnical investigations or monitoring purposes; (v) the installation and construction of building foundations; (b) the discharge of sediment-laden water generated from earthworks into a surface waterbody, or onto or into land where it may enter a surface waterbody; (c) the taking of groundwater for the purposes of dewatering or land drainage, and the associated discharge of that water into a surface water body, or onto or into land where it may enter a surface water body. is - 1. a permitted activity if all parts of the activity comply with all of the applicable conditions of this Rule; 2. a restricted discretionary activity if any part of the activity does not comply with any of the applicable conditions of this Rule. General Conditions Conditions 1. The extent and duration of any works, is limited to only that necessary to repair the land. 2. The works (excluding any discharges associated with the works authorised by this rule do not occur in the bed of any lake, river or natural wetland. Earthworks, Excavation and Deposition of Material 3. Erosion and sediment control measures are implemented and maintained in accordance with Environment Canterbury's Erosion and Sediment Control Guidelines for Small Sites, to minimise erosion and the discharge of sediment laden water to surface water. 4. Any material deposited into land consists only of uncontaminated fill (soil, rocks, gravels, sand, silt, clay), concrete, cement, grout, concrete steel or timber foundation piles, or inert building materials. 5. From the date this rule becomes operative, the use of land for the placement of treated timber foundation piles into confined groundwater within the Coastal Confined Aquifer System, and any discharge from those foundation piles, does not occur within a community drinking water supply protection zone, as set out in Schedule WQL2 of this plan. 6. Any excavation over the coastal confined aquifer system maintains at least one metre of undisturbed material between the deepest part of the excavation and Aquifer 1. 7. No materials (other than those listed in condition 4) vehicles or machinery (excluding clean uncontaminated equipment used for dewatering, and infrastructure installed for the purposes of land repair) are deposited into or used within groundwater. 8. Compaction, or earthworks involve below ground soil disturbance (excluding filling), do not occur on any part of a site which is identified as a landfill. 9. There is no discharge of any cement, concrete, grout, or water containing cement, grout or concrete, into any surface waterbody, or beyond the property boundary. 10. Where grout is deposited into land, or into groundwater, the following conditions also apply: a) The volume of grout shall not exceed 50 cubic metres per site. b) The point of deposition into land is not within: (i) (ii) 20 metres of any surface water body, or 20 metres of the Coastal Marine Area, where the material is deposited into groundwater; or 10 metres of any surface water body, or 10 metres of the Coastal Marine Area, where a separation of one metre is maintained between groundwater and any deposited material. c) Where grout is deposited into land via in-situ mixing:
For the purposes of this rule: Grout means a material which consists of water and at least 20% cement, and which may also contain aggregate, inert additives, or bentonite. Earthquake Damaged Land means land damaged as a result of the Canterbury Earthquake Sequence that commenced on 4 September 2010. Landfill means any part of a site where solid or hazardous waste has been deposited (either lawfully or not), and which is identified as a landfill on Environment Canterbury s Listed Land Use Register, or in the records of the relevant territorial authority. Residential Activities means land zoned residential in a district plan, or land used predominantly for residential occupation, as at 4 September 2010. Notification An application for consent under this rule shall be processed and considered without public or limited notification. Where Rule Applies: This rule applies only within the area shown in Schedule WQL14 Information to be provided An application for a resource consent under this rule must meet the information requirements set out in Section 1.3.4 and Section 4.7. (i) the grout shall be mixed evenly throughout the augured soil column; and (ii) the percentage of grout within the area of the augured soil column shall not exceed 20%. d) Where the grout is deposited into land using methods other than in-situ mixing, the percentage of cement in the dry grout mixture shall not exceed 30%. 11. To prevent erosion, bare ground is stabilised within 10 days of any vegetation clearance or earthworks. 12. For earthworks carried out within the riparian margin, in addition to conditions (3) and (11), the following conditions apply: a) Vegetation used and maintained by Environment Canterbury for flood or erosion control purposes is not removed. b) Replanting is not of a species listed in the Biosecurity NZ Register of Unwanted Organisms or Canterbury Pest Management Strategy. c) The activities do not reduce the available floodway d) The activities do not result in the destabilisation of the bank of any river, lake or natural wetland, or destabilise any existing lawfully established structures, or interfere with access to waterways for maintenance or inspection purposes. Geotechnical Investigations 13. The bore is used only for the purposes of geotechnical investigations and is decommissioned by filling with clean material and compacted or sealed at the surface to prevent contaminants entering the bore. 14. Information on location (including bore logs and intended uses), and other relevant information is submitted to the CRC within 20 working days of drilling the bore. Dewatering, Sediment-laden Water, and Land Drainage 15. Dewatering and land drainage discharges are not from, or discharged onto or into any site listed on Environment Canterbury's Listed Land Use Register. 16. The taking of groundwater for dewatering purposes does not lower the groundwater level more than 8 metres below the ground level of the site. 17. The taking and discharge of land drainage water and site dewatering water onto or into land or into surface water does not result in subsidence of the land surface, or bed or bank erosion. 18. The discharge of dewatering water onto or into land or into surface water does not result in any flooding of any neighbouring property, or result in ponding on the land surface for more than 48 hours. 19. The concentration of suspended solids in any dewatering water, or sediment-laden water discharged to a surface water body does not exceed 100 grams per cubic metre. Restriction of Discretion Cross reference: This rule contributes to the implementation of Policy WQL21 Where the activity is classified as a restricted discretionary activity, Environment Canterbury has reserved its discretion to the following matters: cultural effects 1. The effect of not meeting the condition or conditions of Rule WQL36A 2. Mitigation Measures proposed to be implemented or mitigation measures available to minimise any actual or potential environmental effect.
23. On Page 4-183, within Rule WQL37, in the left hand column of the rule under the heading Where Rule Applies, the rule has beenamended as follows: This rule applies everywhere in the Canterbury region, excluding: the Coastal marine area the Coastal marine area; or Where the activity is classified by Rule WQL36A. 24. On Page 4-240 within the section entitled Explanation and principle reasons for methods which commences at Page 4-213 a new paragraph after the explanation note for Rule WQL36 as been inserted as follows: Rule WQL36A The repair of earthquake damaged land on individual sites used for residential activities, and the associated taking and discharge of groundwater for dewatering and land drainage purposes Rule WQL36A recognises the exceptional circumstances following the Canterbury Earthquake event sequence that commenced on 4 September 2010. The rule provides for the repair of earthquake damaged land zoned on individual sites zoned for residential activities, or where the land was used for residential activities, as a permitted activity subject to compliance with the conditions of the rule. In recognition of the need for a simplified planning process for landowners, the rule adopts the concept of rule bundling where several different RMA permissions (s9, s14, s15) have been combined into a single rule. The rule applies only to the repair of land on individual sites used for residential activities and which is located within the area shown in Schedule WQL14. The boundary of Schedule 14 takes into account the boundary of the Greater Christchurch Area, and loosely aligns with the boundaries of the Christchurch-West Melton, Waimakariri and Selwyn-Te Waihora sub-regional areas (as defined in the notified version of the proposed Land and Water Regional Plan), It is considered appropriate to limit the rule s application to land located within the sub-regional areas given the geographic extent of the land damage The rule does not apply to the repair of earthquake damaged land within the residential red zone (as classified by the Canterbury Earthquake Recovery Authority), or to the repair of earthquake damaged land located within the High Soil Erosion Risk Areas identified in Schedule WQL15. Land repairs within the High Soil Erosion Risk area have been excluded from the rule as works within this area pose a greater environmental risk due to the erosive nature of the loess soils, and the need for specific erosion and sediment control measures. Land repair carried out within these excludes areas are subject to the existing rules in the regional plans, and will require a resource consent if the conditions of the rule are not complied with. The rule requires erosion and sediment control measures to be implemented and maintained during the duration of the works, and land is to be stabilised within 10 days of completion of the works in order to minimise the discharge of sediment laden water, dust generation and effects on aquatic ecosystems (conditions 3 and 11). To avoid adverse effects on groundwater quality, the rule limits the deposition of material to only uncontaminated fill, concrete, cement, grout or concrete, steel or timber building foundations; and uncontaminated equipment necessary to carry out the works (conditions 4 and 7). In addition any geotechnical bores must be sealed and compacted to ensure these bores do not act as a conduit for contaminants to enter groundwater (condition 13). Where foundation piles are placed into land, the activity is generally permitted, except in circumstances where the treated timber piles intercept confined groundwater in the Coastal
Confined Aquifer System and their location occurs within a Community Drinking Water Supply Area. In these circumstances a resource consent is required in order to allow the council to consider the effects of the discharge from treated timber piles on groundwater quality and users. The use of alternative foundation options which do not pose a risk to groundwater quality (e.g. concrete or steel piles) is a permitted activity. Where earthworks are to be carried out on a landfill site, additional conditions must be complied with in order to mitigate potential adverse effects on groundwater quality (condition 8). Earthworks which are unlikely to result in disturbance of landfill material are permitted (e.g. filling land or cracks). However, methods which may disturb landfill material and result in the migration of landfill leachate into groundwater will require a resource consent, in order to allow the council to fully assess the effects of the activity. Where cement based materials are used, there is the potential for adverse effects on surface water quality (resulting from changes in ph) if the material is not managed appropriately. The rule prohibits the surface run-off of concrete, cement or grout into surface water, or water containing this material is prohibited by the rule (condition 9). Grout presents a higher risk to surface water quality given the greater mobility of the material and the higher proportion of cement in the material. Consequently, in order to avoid adverse effects on surface water quality and ecosystems, additional restrictions apply where grout is deposited into land or groundwater. These restrictions include a limit on the amount of grout deposited into land, and a requirement to maintain separation to surface waterbodies (condition 10). Grouts used for insitu mixing typically contains a very high proportion of cement content (up to 70%), and consequently there is the potential for significant changes in alkalinity of receiving groundwater and nearby surface water, unless the grout is uniformly mixed with the insitu soil, and the cement in the final column limited to 20% (condition 10c) Alternative land repair methodologies (e.g. low mobility grouting) often do not rely on mixing of in-situ soil with the grout. Consequently there is a need to limit the percentage of cement in the dry grout mix, in order to avoid significant changes in alkalinity in the receiving groundwater within riparian areas works are to be managed in a manner which avoids adverse effects on existing structures, and ensures the flood capacity of the waterway is maintained (condition 8). Where dewatering occurs, adherence to additional conditions is required, to ensure adverse effects on ecosystems, surface water quality and neighbouring property owners are avoided. Dewatering from sites, or onto sites listed on Environment Canterbury s Listed Land Use Register is not permitted under the rule, as former activities carried out at these sites may have resulted in land contamination (condition 15) A limit of 100 grams per cubic metre of total suspended solids in any dewatering water or sediment laden water discharged to surface water has been imposed to minimise adverse effects caused to aquatic organisms through sedimentation (condition 19). 25. Amendments have been made to insert Schedule WQL14 and Schedule WQL15 into the Water Quality Schedules section of Chapter 4 of the NRRP The amendments are as follows: 26. On Page 4-325 after Schedule WQL13 a new schedule has been inserted as follows:
Schedule WQL14 Map showing area to which Rule WQL36A applies
27. On Page 4-323 after new Schedule WQL14 a new schedule has been inserted as follows: Schedule WQL15 Map showing High Risk Soil Erosion Areas
PROPOSED LAND AND WATER REGIONAL PLAN (PLWRP) AMENDMENTS 28. The following amendments have been made to the Waimakariri, Selwyn-Waihora, and Christchurch- West Melton sub-regional sections of the proposed Land and Water Regional Plan: the insertion of a new policy the insertion of a new permitted activity rule the insertion of a restricted discretionary activity rule the insertion of a new map which delineate the area to which the policy and rule applies the insertion of a new map which shows the high soil erosion risk areas which are excluded. 29. On Page 2-3 under the heading Relationship with other regional plans controlling land and water, and within the Waimakariri River Regional Plan the text has been amended as follows: The Waimakariri River Regional Plan has objectives, policies and rules relating to the taking or diverting of surface water and discharge to surface water (excluding the Styx River catchment) or onto land where the discharge may enter surface water (excluding the Styx River catchment) in the area covered by the Waimakariri River Regional Plan. The Waimakariri River Regional Plan also has rules relating to sewage tank effluent, animal effluent, land drainage water, aquifer or bore test water, water tracers, cooling water, stormwater and swimming pool water. Except for policies and rules in the sub-regional sections of the proposed Land and Water Regional Plan that specifically address the repair of earthquake damaged land on individual sites used for residential activities, Aany objective, policy or rule on the same subject matter in the Waimakariri River Regional Plan prevails over the objectives, policies and rules contained in this Plan. The regional rules in the LWRP apply to all of the Styx River catchment. The regional rules for water quality in the Waimakariri River Regional Plan do not apply in the Styx River catchment. Section 8 - Waimakariri Sub-Regional Section 30. On Page 8-2, Section 8.1.1 has been amended as follows: 8.1.1 Waimakariri River Regional Plan 2004 The Waimakariri River Regional Plan 2004 controls use of water in the Waimakariri River, its tributaries and hydrologically hydraulically connected groundwater; point and non-point source discharges of contaminants to waterbodies in the Waimakariri River catchment; and land use activities in the beds of rivers and lakes in the Waimakariri River catchment. Except for Policy 8.4.4 and Rules 8.5.2 and 8.5.3 which address the repair of earthquake damaged land on individual sites used for residential activities T the LWRP s objectives, policies and rules do not apply to the matters controlled by the Waimakariri River Regional Plan 2004,. 31. On Page 8-2, under the heading Policies and, after Policy 8.4.3, Policy Number 8.4.4 has been inserted along with the policy wording shown in Appendix 1. 32. On Page 8-2, under the heading Rules, and after Rule 8.5.1, Rule Number 8.5.2 and the note and rule as shown in Appendix 2 has been inserted 33. On Page 8-2, following Rule 8.5.2, Rule Number 8.5.3 and the rule and note shown in Appendix 3 has been inserted 34. On Page 8-6 after the Ashley / Rakahuri River Environmental Flow and Allocation Limits Map, the maps shown in Appendix 4 and 5 of this report have been inserted.
Section 9 Christchurch-West Melton Sub-Regional Section 35. On page 9-1, Section 9.1.1 has been amended as follows: 9.1.1 Waimakariri River Regional Plan 2004 The Waimakariri River Regional Plan 2004 controls use of water in the Waimakariri River, its tributaries and hydrologically hydraulically connected groundwater; point and non-point source discharges of contaminants to waterbodies (except for the Styx River catchment) in the Waimakariri River catchment; and land use activities in the beds of rivers and lakes in the Waimakariri River catchment. Except for the water quality rules in the LWRP which apply in the Styx River Catchment, policy 9.4.4 and rules 9.5.6 and 9.5.7 of the LWRP which address the repair of earthquake damaged land on individual sites used for residential activities Tthe LWRP s objectives, policies and rules do not apply to the matters controlled by the Waimakariri River Regional Plan 2004. The water quality rules in the Waimakariri River Regional Plan do not apply to the Styx River catchment. 36. On Page 9-2, under the heading Policies, and after Policy 9.4.3, Policy Number 9.4.4 has been inserted along with the policy wording as shown in Appendix 1.. 37. On Page 9-3, under the heading Rules, and after Rule 9.5.5, Rule Number 9.5.6 has been inserted, along with the note and rule shown in Appendix 2. 38. On Page 9-3 under the heading Rules and after Rule 9.5.6, Rule Number 9.5.7has been inserted, along with the note and rule as shown in Appendix 3.. 39. On Page 9-5 after the Avon/Otakaro and Heathcote River Environmental Flow and Allocation Limits Map, the maps shown in Appendix 4 and 5 of this report have been inserted. Section 11 Selwyn-Waihora Sub-Regional Section 40. On Page 11-2, after the heading 11.4 Policies the following amendments have been made: 11.4 Policies Under development, refer to Canterbury Regional Council Long Term Plan 2012 The following policies apply in the Selwyn-Waihora Sub-regional area, in addition to those set out in Section 4 of this Plan. 41. On Page 11-2, immediately following the above text, Policy Number 11.4.1 has been inserted along with the policy wording shown in Appendix 1.On Page 11-2, after the heading 11.5 Rules the following amendments have been made: Under development, refer to Canterbury Regional Council Long Term Plan 2012 The following rules apply in the Selwyn-Waihora Sub-regional area, in addition to those set out in Section 5 of this plan. 42. On Page 11-2, immediately following the above text, Rule Number 11.5.1 has been inserted, along with the note and rule as shown in Appendix 2.. 43. On Page 11-2 immediately following the above text Rule Number 11.5.2 has been inserted and the note and rule shown in Appendix 3.. 44. After Page 11-2 the maps shown in Appendix 4 and 5 have been inserted.
WAIMAKARIRI RIVER REGIONAL PLAN AMENDMENTS 45. The Waimakariri River Regional Plan (WRRP) promotes the sustainable management of rivers, lakes and hydraulically connected groundwater, and river and lake beds in the Waimakariri Catchment. 46. Under the existing planning framework, the policies and regional rules of Chapter 4 of the NRRP do not apply to: Discharges into surface water within the area covered by the WRRP; or Discharges onto or into land within 20 metres of a surface water body where the contaminant may enter surface water. 47. To facilitate the repair of earthquake damaged land on individual sites within the Waimakariri Catchment, changes have been made to the WRRP to apply the amended provisions of the NRRP and plwrp, within this catchment. These amendments are described below 48. On Page 2, under Section 1.3 Area to which this plan applies, a new paragraph has been inserted as follows: Within the area controlled by the WRRP, the repair of earthquake damaged land on land zoned residential in a district plan, or where, as at 4 September 2010 the land was used for residential activities and which is located within the boundaries of Greater Christchurch, is subject to Objective WQL5, Policy WQL21 and Rule WQL36A of the Natural Resources Regional Plan; Policy 8.4.4 and Rules 8.5.2 and 8.5.3 of the Waimakariri sub-regional section of proposed Land and Water Regional Plan; Policy 9.4.4 and Rules 9.5.6 and 9.5.7 of the Christchurch-West Melton sub-regional section of the proposed Land and Water regional plan; and Policy 11.4.1 and Rules 11.5.1 and 11.5.2 of the Selwyn-Waihora sub-regional sections of the proposed Land and Water Regional Plan. 49. On Page 5, under Section 1.4 of the WRRP, under the heading Regulation of Activities the clauses have been amended as follows: a) The taking (abstraction) of water from the Waimakariri River or its tributaries or from hydraulically connected groundwater, (Chapter 5, Rule 5.1 discretionary activity, Rule 5.3 non-complying activity, Rule 5.4 prohibited activity), except where the activity occurs within the boundaries of Greater Christchurch, and is classified by Rule WQL36A of the Natural Resources Regional Plan; or Rules 8.5.2 or 8.5.3 of the Waimakariri sub-regional section of the proposed Land and Water Regional Plan; or Rules 9.5.6 or 9.5.7 of the Christchurch-West Melton sub-regional section of the proposed Land and Water Regional Plan; or Rules 11.5.1 or 11.5.2 of the Selwyn-Waihora sub-regional section of the proposed Land and Water Regional Plan (a) The discharge of contaminants into the Waimakariri River or its tributaries or onto or into land where the discharge can enter surface waters (Chapter 6, Rule 6.1 discretionary activity, Rule 6.2 non-complying activity) except where the activity occurs within the boundaries of Greater Christchurch, and is classified by Rule WQL36A of the Natural Resources Regional Plan; or Rules 8.5.2 or 8.5.3 of the Waimakariri sub-regional section of the proposed Land and Water Regional Plan; or
Rules 9.5.6 or 9.5.7 of the Christchurch-West Melton sub-regional section of the proposed Land and Water Regional Plan; or Rules 11.5.1 or 11.5.2 of the Selwyn-Waihora sub-regional section of the proposed Land and Water Regional Plan 50. On Page 9 under the heading Proposed Canterbury Natural Resources Regional Plan the text has been amended as follows: The Proposed Canterbury Natural Resources Regional Plan (NRRP) is a plan that Environment Canterbury notified in 2002. The NRRP includes sections on air, water and land. The NRRP applies to the whole Canterbury region addressing issues on a regional or sub-regional basis. It does not apply to those issues specifically addressed by the Waimakariri River Regional Plan, except that the objectives, policies and regional rules relating to the repair of earthquake damaged land on individual sites used for residential activities apply within the area addressed by the WRRP, where the activity is carried out within the boundaries of Greater Christchurch. The NRRP will be prepared in stages and eventually it will replace the Transitional Regional Plan and may also replace this and some other regional plans.
Appendix 1 Policy wording inserted into the Christchurch-West Melton, Waimakariri, Selwyn-Waihora sub-regional sections of proposed Land and Water Regional Plan (1) Until 31 December 2018, and where the site was used for residential activities as at 4 September 2010, enable within the area shown in Map 1, the repair of earthquake damaged land within specified thresholds as permitted activities. Beyond these thresholds, provide for land repair activities by way of a resource consent, where the adverse effects on the environment are mitigated. (2) Ensure a focused and expedited decision making process for landowners by requiring resource consent applications to be processed and considered without public or limited notification. In addition, ensure the social, economic, cultural and environmental well-being of communities is met by requiring adverse effects from the repair of earthquake damaged land to be mitigated through conditions of consent.
Appendix 2 Permitted Activity Rule wording inserted into Waimakariri, Christchurch-West Melton and Selwyn-Waihora sub-regional sections of proposed Land and Water Regional Plan. Note: For all activities in or near waterways, refer also to the requirements and restrictions under the Canterbury Flood Protection and Drainage Bylaw 2013 Prior to 31 December 2018, the repair of earthquake damaged land located within the area shown on area shown on Map 1, and located outside the High Soil Erosion Risk Areas, and which is carried out on an individual site used for residential activities, but excluding any residential property zoned red by the Canterbury Earthquake Recovery Authority), which involves any one or more of: (a) the use of land for: i. the excavation of material over the unconfined, semi-confined or coastal confined aquifer system; ii. iii. iv. the deposition of material into land or into groundwater, and any associated discharge into groundwater; vegetation clearance or earthworks within the riparian margin (defined for the purposes of this rule as any land within 10 metres of the bed of a river, lake or wetland boundary); the installation, maintenance, and use of a bore for geotechnical investigation or monitoring purposes; v. the installation and construction of building foundations; (b) the discharge of sediment-laden water generated from earthworks into a surface waterbody, or onto or into land where it may enter a surface water body; (c) the taking of groundwater for the purposes of dewatering or land drainage, and the associated discharge of that water into a surface water body, or onto or into land where it may enter a surface water body. is a permitted activity, provided the following conditions, as applicable, are met: General Conditions (1) The extent and duration of any works is limited to only that necessary to repair the land. (2) The works (excluding any discharges associated with the works listed above) do not occur in, the bed of any lake, river or natural wetland. Earthworks, Excavation and Deposition of Material (3) Erosion and sediment control measures are implemented and maintained in accordance with Environment Canterbury s Erosion and Sediment Control Guidelines for Small Sites to minimise erosion and the discharge of sediment laden water to surface water. (4) Any material deposited into land consists only of uncontaminated fill (soil, rocks, gravels, sand, silt, clay), concrete, cement, grout, concrete, steel or timber foundation piles, or inert building materials. (5) From the date this rule becomes operative, the use of land for the placement of treated timber foundation piles into confined groundwater within the Coastal Confined Aquifer System, and any discharge from those foundation piles, does not occur within a group or community drinking water supply protection area, as set out in Schedule 1 of this plan.
(6) Any excavation over the coastal confined aquifer system maintains at least one metre of undisturbed material between the deepest part of the excavation and Aquifer 1. (7) No materials (other than those listed in condition (4)), vehicles or machinery (excluding clean uncontaminated equipment used for dewatering, and infrastructure installed for the purposes of land repair) are deposited into, or used within groundwater. (8) Compaction, or earthworks involving below ground soil disturbance (excluding filling), do not occur on any part of a site which is identified as a landfill. (9) There is no discharge of any cement, concrete, grout, or water containing cement, grout, or concrete, into any surface waterbody, or beyond the property boundary. (10) Where grout is deposited into land, or into groundwater, the following conditions also apply: a. The volume of groutshall not exceed 50 cubic metres per site. b. The point of deposition into land is not within: i. 20 metres of any surface water body, or 20 metres of the Coastal Marine Area, where the material is deposited into groundwater; or ii. 10 metres of any surface water body, or 10 metres of the Coastal Marine Area, where a separation of one metre is maintained between groundwater and any deposited material. c Where grout is deposited into land via in-situ mixing: i. The grout shall be mixed evenly throughout the augured soil column; and ii. The percentage of grout within the area of the augured soil column shall not exceed 20%, d. Where grout is deposited into land using methods other than in-situ mixing, the percentage of cement in the dry grout mixture shall not exceed 30% (11) To prevent erosion, bare ground is stabilised within 10 days of any vegetation clearance or earthworks. (12) For earthworks carried out within the riparian area, in addition to conditions (3) through (11), the following conditions apply: i. Vegetation used and maintained by the Canterbury Regional Council for flood or erosion control purposes is not removed. ii. iii. iv. Replanting is not of a species listed in the Biosecurity NZ Register of Unwanted Organisms or Canterbury Pest Management Strategy. The activities do not reduce the available floodway. The activities do not result in the destabilisation of the bank of any river, lake or natural wetland, or destabilise any existing lawfully established structures, or interfere with access to waterways for maintenance or inspection purposes. Geotechnical Investigations (13) The bore is used only for the purposes of geotechnical investigations and is decommissioned by filling with clean material and compacted or sealed at the surface to prevent contaminants entering the bore.
(14) Information on location (including bore logs and intended uses), and other relevant information is submitted to the CRC within 20 working days of drilling the bore. Dewatering, Sediment-laden Water, and Land Drainage (15) Dewatering and land drainage discharges are not from, or discharged onto or into any site listed on Environment Canterbury s Listed Land Use Register. (16) The taking of groundwater for dewatering purposes does not lower the groundwater level more than 8 metres below the ground level of the site. (17) The taking and discharge of land drainage water and site dewatering water onto or into land or into surface water does not result in subsidence of the land surface, or river bed or river bank erosion. (18) The discharge of dewatering water onto or into land, or into surface water, does not result in any flooding of any neighbouring property, or result in ponding on the land surface for more than 48 hours. (19) The concentration of suspended solids in any dewatering water or sediment-laden water discharged to any surface water body does not exceed 100 grams per cubic metre. For the purposes of this rule the following definitions apply: Earthquake Damaged Land means land damaged as a result of the Canterbury Earthquake Sequence that commenced on 4 September 2010.: Residential Activities means land zoned residential in a district plan; or land used predominantly for residential occupation as at 4 September 2010. Grout means a material which consists of water and at least 20% cement, and which may also contain aggregate, inert additives or bentonite. Landfill means any part of a site where solid or hazardous waste has been deposited (either lawfully or not), and which is identified as a landfill on Environment Canterbury s Listed Land Use Register, or in the records of the relevant territorial authority.
Appendix 3 Restricted Discretionary Rule wording inserted into Waimakariri, Christchurch-West Melton and Selwyn-Waihora sub-regional sections of proposed Land and Water Regional Plan, following the permitted activity rule. The repair of earthquake damaged land which is carried out on individual sites used for residential activities which does not meet one or more of the applicable conditions of Rule XXX 2 is a restricted discretionary activity. The CRC will restrict discretion to the following matters: 1. The effect of not meeting the condition or conditions of Rule XXX 5 2. Mitigation measures proposed to be implemented or mitigation measures available to minimise any actual or potential environmental effect. Notification Pursuant to sections 95A and 95B of the RMA, an application for resource consent under this rule will be processed and considered without public or limited notification. Note that limited notification to affected order holders in terms of section 95F of the RMA will be necessary, where relevant, under section 95B(3) of the RMA. 2, - Applicable rule number to be inserted as appropriate. Where the rule is inserted into the Waimakariri sub-regional section, the rule number referenced in this rule shall be 8.5.2; where the rule is inserted into the Christchurch-West Melton sub-regional section, the rule number referenced shall be 9.5.6; where the rule is inserted into the Selwyn- Waihora sub-regional section, the rule number referenced shall be 11.5.1
Appendix 4 Map showing High Soil Erosion Risk Areas
Appendix 5 Map showing area to which Rules X 3 and X 6 apply 3 X to be replaced with rule numbers as follows In the Waimakariri Sub-Regional section, replace X with 8.52 and 8.53. In the Christchurch-West Melton Sub-regional section replace X with 9.56 and 9.57. In the Selwyn- Waihora sub-regional section replace X with 11.51 and 11.52.