Discretionary pastoral activity decision - Disturb soil for fence lines and disturb soil for water reticulation system - A4963828

For this decision summary:

• LINZ received the application before 17 November 2022
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 excluding the amendments taking effect on 17 November 2022.
   

Disturb soil for fence lines and disturb soil for water reticulation system

10 years with maintenance rights.

The Commissioner of Crown Lands has determined that the benefits to farming from allowing the lessee to disturb soil and clear associated scrub for the purposes of constructing new fences, installing a new water reticulation system including a small water storage dam, and forming tracks, will make it easier to use the land for farming purposes by providing infrastructure that will improve stock and pasture management and increase resilience. The conditions recommended will promote good management practice and mitigate effects on inherent values, and the water storage dam proposal is expected to protect and enhance an existing wetland area.

Consent is granted subject to the following conditions:

A. General conditions applying to all soil disturbance/scrub clearance activities

• Clearance or disturbance of the following is to be avoided or kept to the absolute minimum (if safe and practical to do so): 
  • Mature shrublands and riparian indigenous vegetation, particularly in the Hodder River, Isis Stream and Dinner Stream areas.
  • Rock outcrops 
  • Areas with threatened species such as Carmichaelia carmichaeliae (pink broom) and Pseudopanax ferox (toothed lancewood), refer to images on plans. 
  • Unstable and erosion prone areas are to be avoided. 
  • No additional material should be deposited into streams other than rocks. 
  • Any stream works should be carried out and maintained in a way that protects fish passage. 
  • Works are undertaken when the waterway is at low or preferably no flow and stream crossings are to be kept to a minimum. 
  • Disturbed soil is to be re-seeded and top-dressed with a certified weed and impurities-free permanent pasture mix as soon as possible after completion of the activity. 
  • Any contractor machinery and vehicles are to be steam cleaned prior to entry to the property to minimise the possibility of weed infestation. Any fuel and oil storage facilities are to be sited to eliminate the possibility of a leak or spill into any water ways. 
  • The lessee is responsible for ensuring any contractor operates under the conditions of this consent.

B. Conditions applying to soil disturbance/scrub clearance for new fence lines. 

• The consent is limited to soil disturbance and scrub clearance for benching new fence lines up to a maximum width of 2.5m plus any batters and spill over, on or near the red lines shown on the attached plans. 
• The soil disturbance is to be kept to a skim wherever possible. 
• Uphill batters are to be sloped off or struck back to minimise slumping and allow re-grassing. 
• Cut-offs are to be constructed if necessary to minimise erosion from run-off, to provide drainage of water to a place where sediment can settle out before reaching any waterway. 
• Floodgates are to be constructed and maintained in a way that avoids potential stream blockages.

C. Conditions applying to soil disturbance for a water intake, laying water pipelines and installing water tanks and water troughs 

• The consent is limited to soil disturbance and scrub clearance for laying water pipelines on or near the light blue lines on the attached plans, for the purposes of providing stock drinking water and emergency firefighting. Irrigation is not permitted. 
• Construction of the water intake should be performed in such a way that minimises disturbance to the Hodder River tributary bed and does not affect fish passage. 
• The water intake should be appropriately screened to prevent fish passing into the intake. 
• Maximum water extraction from the Hodder River tributary is 25% of total flow at any given time of the stream. 
• A pad for water storage tanks may be constructed in the area of the light blue dot on the plans, and for a 500l sediment tank downstream of the Hodder River tributary water intake. Tanks must be a colour that blends into the landscape. 
• Soil may be disturbed for the purposes of levelling the surface for stock water troughs. 
• Soil disturbance and scrub clearance is to be kept to the absolute minimum necessary and pipe-laying shall preferably be undertaken by mole ploughing or similar methods.

D. Conditions applying to soil disturbance/scrub clearance for constructing a water storage dam 

• A water storage dam may be constructed on Dinner Stream within the area outlined in light blue and labelled “Water storage dam” on the plans attached. 
• The dam is to be constructed in a way that protects an important Carex secta wetland shown outlined in yellow from negative effects associated with the excavation, and inundation by the water filling the dam. Dam construction is to be as per the Waterforce guidelines to avoid negative effects at the interface between the dam and wetland. 
• Material used in the construction of the dam should be extracted from the dam area if possible, but not too close to the Carex secta wetland to negatively impact it. 
• Any surplus material from the dam construction is to be placed in a way that sediment will not be washed into the stream. 
• The water intake should be appropriately screened to prevent fish passing into the intake. 
• Stock are to be excluded from the area shown outlined in red, and weeds and pests controlled. Soil disturbance and scrub clearance may be undertaken to erect a fence along the red lines. 
• Any planting undertaken within the area shown outlined in red should be planned in consultation with a suitably qualified Department of Conservation staff member to ensure that the wetland values are enhanced. A copy of the planting plan is to be provided to the LINZ Portfolio Manager, and consent to plant trees may be required.

The Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.