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DEVILS PULPIT PACIFIC HIGHWAY UPGRADE

COMPLIANCE REPORT #4

August 2013 to January 2014

Table of Contents

Abbreviations .......................................................................................................3 1. Introduction .............................................................................................4 2. Construction Summary for the Period ..................................................5

2.1 Clearing and Grubbing.......................................................................................5 2.2 Flora and Fauna..................................................................................................5 2.3 Earthworks .........................................................................................................6 2.4 Concrete Works .................................................................................................8 2.5 Tabbimoble Bridges and Floodplain ................................................................10 2.6 Asphalt works and Road Furniture ..................................................................11 2.7 Rest Area..........................................................................................................12 2.8 Environmental Training ...................................................................................12 2.9 Community Liaison .........................................................................................13 2.10 Heritage............................................................................................................13 2.11 Monitoring Results...........................................................................................13

3. Compliance Status ...............................................................................14 4. Incident Management ...........................................................................15 5. Implementation and the Observed Effectiveness of Controls ..........16

5.1 Soil and Water ..................................................................................................16 5.2 Noise and Vibration .........................................................................................16 5.3 Flora and Fauna................................................................................................17 5.4 Waste................................................................................................................17 5.5 Air Quality .......................................................................................................18

6. Inspections and Audits ........................................................................19 6.1 Site Inspections ................................................................................................19 6.2 Internal Audits .................................................................................................19 6.3 Independent Compliance Audit .......................................................................19

7. Appendices ...........................................................................................20 7.1 Appendix A – Compliance Tracking Register .................................................20 7.2 Appendix B – Water Quality Monitoring Results ...........................................39 7.3 Appendix C – Dust Monitoring Results...........................................................40 7.4 Appendix D – Audit Actions and Close Out ...................................................41 7.5 Appendix E – Preliminary Landscaping Audit Report ....................................43 7.6 Appendix F – Endorsement Letter by EMR ....................................................50

Page | 2 Devils Pulpit Upgrade - 6 Month Compliance Report #4.doc

Abbreviations ANZECC Australia and New Zealand Environment and

Conservation Council EP&A Act 1979 Environmental Planning & Assessment Act 1979 CoA Conditions of Approval OEH Office of Environment and Heritage dB A decibels (A-weighted) – a unit of sound measurement that

has its frequency characteristics modified by a filter (A-weighted) so that it more closely approximates the frequency response of the human ear

DoP&I Department of Planning and Infrastructure SEP Site Environmental Plan EEC Endangered Ecological Community EMP Environmental Management Plan ER Environmental Representative ERG Environmental Review Group EMS Environmental Management System EPL Environmental Protection License g/m2/month grams per cubic metre per month HVAS High Volume Air Sampler JHG John Holland Pty Ltd LMAX The highest Root Mean Squared (RMS) sound pressure

level within a measuring period mm/s millimetres per second NTU Nephelometric Turbidity Units PER Project Environmental Representative PM10 Particle size less than 10 microns POEO Protection of the Environment Operations Act 1997 EA Environmental Assessment SWMP Soil and Water Management plan TSP Total Suspended Particulate TSS Total Suspended Solids µg/m3 micrograms per cubic metre


1. Introduction

This is the fourth 6 monthly Compliance Report against the DoPI Ministers conditions of approval for the Devils Pulpit, Pacific Highway Upgrade (The Project).

Roads and Maritime Services (RMS) is managing the upgrade of the Pacific Highway in NSW. John Holland has been engaged to undertake works on the Devils Pulpit section of the upgrade.

The work under the contract is for the upgrading of the section of HW10 from 65 640km to 75 600km north of Grafton. This includes the upgrading of the existing Pacific Highway between 65 640km to 72 629km (approximately 7km) to create a four lane divided road plus widening of the existing Pacific Highway between 72 629km to 75 600km (approximately 3km) to allow for the installation of a central wire rope safety barrier.

The 3km widening section has been self-determined by the Roads and Maritime services (RMS) as a Part 5 approval under the EP&A Act 1979. The southern 7km has been assessed as a major project under Part 3A of the EP&A Act 1979 and determined by the Minister of Planning on the 1st February 2011.

John Holland has prepared this 6 monthly compliance tracking report to satisfy Condition B17 of The Project’s Conditions of Approval. This report covers the period from August 2013 to the end of January 2014.

Section 6.3 of the CEMP details the information that is to be included in the compliance report. The report must include information on:

Compliance status Incidents and actions taken in response to those incidents Any non-compliance with approval and licence conditions identified during review or

auditing


2. Construction Summary for the Period

Below is a summary of construction works undertaken during the period August 2013 to the end of January 2014 and the current status of construction activities.

Completion of road formation of the Glencoe Widening Section (Earthworks) Completion of spray sealing, sub-base pavement and base pavement Completion of approach slabs on the Tabbimoble Bridges Completion of rehabilitation works with Topsoiling and Hydromulching Completion of Open drains Completion of concrete paving works and demobilisation of concrete batch plant Completion of Stage 1 Traffic Switch

2.1 Clearing and Grubbing

Minor clearing has commenced on the Western Side of the existing Pacific Highway to facilitate the construction of rest area and U turn bays and improvements to drainage works.

No major clearing or grubbing has occurred during the period from August 2013 to January 2014.

2.2 Flora and Fauna

Fauna crossing in Culvert 6 and in Cut 3 completed. Wire rope fauna crossing completed. Fauna fencing near completion. Landscaping in road corridor complete with native stock beginning to grow. Landscaping in flood plain has commence and further planting commencing in April.

Fauna Fencing and Water Quality Basin


Fauna Crossings and Fencing

2.3 Earthworks

Progressive rehabilitation of completed areas was undertaken with topsoil and Hydromulch treatments being applied. A Hydrocompost Matrix was applied to cut batters where growth of vegetation was limited.

All Permanent Water Quality basins have all been completed. Construction of culverts under the existing highway is complete following the traffic

switch on 4 November 2013. Turkeys nest storage, irrigation system and associated pipe system were

decommissioned in December 2013 after WQB 05, WQB06 and WQB07 were satisfactorily operational.

Section 3 road widening – Cut to Fill operations have been completed


Landscape Planting and Fauna Fencing

Water Quality Basin and Landscape Planting


2.4 Concrete Works

Completion of Culverts under the existing highway after the Stage 1 traffic switch on 4 November 2013.

Completion of approach slabs to both Tabbimoble Bridges. Sub-base and base pavement layers completed on the south-bound and north-bound

carriageways. Decommissioning and demobilisation of the Concrete Batch Plant used for production

of concrete for pavement works. Concrete lined table drains in Section 3 (road widening) completed.

Reinforced Concrete Pavement


Concrete SO Placement

Culvert CU06 under existing Highway


2.5 Tabbimoble Bridges and Floodplain

The majority of the Tabbimoble Bridge works are complete with approach slabs and approach parapets completed during this reporting period.

Asphalt paving on bridge decks completed Landscaping around both bridges completed

AC of Bridge Deck

Landscape in Flood Plain Corridor and Fauna Crossing


2.6 Asphalt works and Road Furniture

Completion of asphalt paving for Southern tie-in with the existing highway for the Stage 1 traffic switch on 4 November 2013.

Completion of rest area. Commencement of wire rope and safety barriers. Commencement of line marking and traffic signage.

AC Southern Tie-in

Wire Rope Installation


2.7 Rest Area

Completion of rest area with use of gravity fed flushing systems in the toilets Completed solar powered lights in rest area

Rest Area and Elevated Water Tank

Rest Area

2.8 Environmental Training

All new personnel to site undertake a site induction which includes relevant information on Environmental Management for the site.

Formal toolboxes are carried out weekly and site specific-toolbox talks have been given for environmental aspects of the Project, including concrete pours, housekeeping and prevention of tracking of materials onto the existing highway.


2.9 Community Liaison

A private agreement has been reached with the potential sensitive receivers around the project to undertake works out of approved hours. Sensitive Receivers are notified via letter box drop prior to any out of hours works being undertaken.

Letterbox notification of sensitive receivers was undertaken for Out of Hours works for the period from the 4th of February 2014 until the end of March 2014 for finishing works associated with pavement operations including asphalt paving night works.

No complaints have been received in relation to Out of Hours works. It should be noted that Sensitive Receivers B and C do not reside at the identified properties.

There have been 7 complaints received since commencement of the project. 1 of which occurred during this reporting period. The complaint was in relation to traffic management issues and were addressed in a timely fashion. All complaints are recorded in the complaints register on Lotus Notes Project Pack.

2.10Heritage

There were no unexpected finds during the reporting period.

2.11 Monitoring Results

i) Water Quality Monitoring

Water Quality monitoring is undertaken following rain events in exceedence of 10mm at each identified waterway, monthly at each identified waterway and daily when in-stream works are occurring.

There has been limited opportunity to monitor water quality parameters in Unnamed Creek and Pine Creek during the reporting period, due to dry environmental conditions.

Construction runoff has been contained in Temporary and Permanent Water Quality basins and the containment fence on the Floodplain. EPA and DoPI fisheries have provided positive feedback to the Project in relation to the works undertaken to protect the Tabbimoble creeks from adverse construction impacts.

Results of Water Quality Monitoring are shown in Appendix B.

ii) Dust Monitoring

Throughout the works depositional dust bottles have been placed at the nearest sensitive receiver and at a control site and dust levels are analysed at a NATA certified laboratory each month.

No exceedences due to construction have been recorded for this reporting period. There have been no complaints related to dust.

Dust monitoring has now ceased as potential sources of air pollution identified in Air Quality plan are no longer occurring on site.

Results of Dust Deposition Monitoring are shown in Appendix C.

iii) Noise and Vibration Monitoring

Vibration generating activities have been limited to compaction of material. Noise Monitoring has been undertaken once a month during major earthworks

at each sensitive receiver. To date there has been no exceedences of noise


levels. Note. Sensitive Receivers B and C do not reside at the identified properties.

Agreements made with sensitive receivers to undertake works outside of standard construction hours if required (in accordance with EPL 20044) and notification given prior to undertaking works.

Based on the above, Noise and Vibration monitoring has now ceased as construction activities likely to cause noise and vibration impacts are no longer occurring on site and agreed community consultation process in place.

3. Compliance Status

A snapshot of the Compliance Tracking Register for the project identifying all DoPI conditions of approval and Statement of Commitments is contained in Appendix A.

This compliance review is for the period from the commencement of construction in July 2012 to January 2014.


4. Incident Management

All environmental incidents are recorded and addressed by the PER and the JH site management team. All incidents are investigated as soon as it is safe to do so after the event. The investigation addresses the cause and/or impact of the incident. Incidents are classified, categorised and registered in the John Holland’s JHET. In addition, all incidents are reported to the RMS within 24 hours and the RMS is to notify the Director General of any incident that is a breach of the conditions of approval as soon as possible. The Director General will be notified of environmental incidents through the 6-monthly compliance report.

Within this reporting period the following environmental incidents were reported:

Table 1. Environmental Incidents for Devils Pulpit Pacific Highway Upgrade Project.

OMS Incident Number

Date Brief Description Immediate Actions Undertaken Preventative Actions External Notification

EVT1063107

19/08/2013 During routine operations, a hydraulic line failed on the backhoe, causing release of approximately 5L of hydraulic oil onto the formation.

The spill was immediately bunded using verge material and a spill kit obtained. The spill was then remediated using absorbent pads and absorbent powder and removed to a bunded area for removal to a licenced facility. A street sweeper was used to remove any residual absorbent material from the sub-base.

Pre-starts checks and plant hazard assessments conducted on all plant as part of standard operating procedures. No additional actions identified.

RMS

EVT1069952

31/01/2014 Prime pump was located in the back of the crew truck when it malfunctioned; causing prime to leak into the back of the truck. Some of the prime came out of the back of the truck causing it to fall into the new concrete. It was immediately cleaned up using the spill kit.

Area cleaned immediately using spill kit and no environmental consequences. Toolbox talk to workforce regarding plant inspection and spill cleanup/reporting.

SRS Roads to inspect all plant which could have potential leakage.

RMS

EVT1070020

1/02/2014 Diesel powered pump was operating on the back of crew truck. Sump plug seal failed on the pump resulting in prime mix (bitumen and kerosene) spilling onto the tray. This resulted in excess prime mixture on section of base work to be primed previous day. The area sealed was left with excessive prime which did not dry till next morning.

The puddle was cleaned and contained within the spray area with no environmental impact.

SRS Roads to check all pump seals prior to use, tighten all bolts/plugs.

RMS


5. Implementation and the Observed Effectiveness of Controls

Below is a summary of some of the primary mitigation measures employed on the site with respect to environmental risks associated with construction. These include mitigation measures against erosion, sedimentation of waterways, over clearing of vegetation, injury and death of fauna, waste management, and air quality. Commentary is included on the observed effectiveness of the measures and any additional mitigation procedures that have been applied.

5.1 Soil and Water

Documentation: Soil and Water Management Plan and Site Environmental Plans

Mitigation Measures: Diversion of off-site runoff around site Installation of clean water diversions through site with rock-lined crossings Daily weather monitoring at site and weather station installed at Tabbimoble

Floodplain area Daily monitoring of Instream works Progressive rehabilitation of bare surfaces – hand seeding disturbed areas and

stockpiles Maximisation of water to sediment basins Installation and maintenance of sediment fences, sandbag checks and silt curtains Installation of surveyed earth bunds in early stages of earthworks Street sweeper to remove any sediment tracked from site Provide water discharge permits Double wrapped black plastic barrier fence at Tabbimoble waterways with lined

sumps for removal of retained water Turkeys nest to contain water from Tabbimoble area. Irrigation system was installed

and used during this reporting period. Turkeys nest water storage irrigation system were decommissioned in December

2013 after WQB05, WQB06 and WQB07 were operational to the satisfaction of EPA. Staged clearing of batters in Tabbimoble area and cleared areas covered in geofabric Hydrocarbon boom and floating sediment barriers installed downstream of

construction activities in close proximity to Tabbimoble waterways Extensive consultation with EPA and DPI Fisheries in relation to erosion and

sediment controls in Tabbimoble Installation of catch-net system under the Tabbimoble bridges to capture any

potential spills or alkaline runoff from concrete works.

Effectiveness: Soil and Water monitoring during construction has shown a general compliance with limits as per the EPL. Positive feedback has been received from EPA and DPI Fisheries, particularly in relation to the standard and effectiveness of control measures implemented near the Tabbimoble creeks and Floodplain areas.

5.2 Noise and Vibration

Documentation: Noise and Vibration Management Plan

Mitigation Measures: Dilapidation surveys undertaken on potentially affected sensitive receivers


Adequate liaison with potentially affected sensitive receivers prior to undertaking noise/vibration generating activities such as piling works

Agreements made with sensitive receivers to undertake works outside of standard construction hours if required (in accordance with EPL 20044) and notification given prior to undertaking works.

All subcontractors and staff undergo noise awareness training through induction process.

Noise treatment of Resident B completed.

Effectiveness: Noise and vibration monitoring during construction has shown a general compliance with limits as per the NVMP. No complaints related to noise and vibration.

5.3 Flora and Fauna

Documentation: Construction Flora and Fauna Management Sub-plan

Mitigation Measures: Consultation with EPA on glider crossing location and fauna passage. Retention of habitat features adjacent to alignment. Orange bunting is used to delineate limits of clearing. All weeds encountered during clearing operations are removed or sprayed

(removal preferred option). Weed exclusion zones are mapped Koala Bells relocation monitored for success. Permanent batters are being progressively rehabilitated to protect from erosion. Ground-engaging plant has been disinfected prior to entering areas within 50m of

a waterway to prevent the introduction of Pathogens. Fauna located onsite is relocated or taken to WIRES if requiring further care. Culvert C6 fauna crossing complete

Effectiveness: Within this period the Construction Flora and Fauna Management Sub-plan has been followed providing excellent outcomes for protection of Flora and Fauna.

5.4 Waste

Documentation: Waste Management and Reuse Plan

Mitigation Measures: Paper and cardboard Recycling skip bins are provided for the site office. Construction

waste and materials have been reused where possible. Waste management awareness as part of the site induction and ongoing toolbox

talks. Any empty fuels, lubricants or chemicals containers are stored in a bunded area for

collection by a drum recycler. Waste Disposal is provided by a Licenced Waste Contractor with General Waste

being disposed to a licenced facility and Paper and Cardboard recycled at a licenced facility.

Effectiveness: There have been no complaints or incidents related to waste management, handling or storage.


5.5 Air Quality

Documentation: Noise, Vibration and Air Quality Management Plan Mitigation Measures: Background dust monitoring undertaken during earthworks. Consultation with community regarding construction activities likely to generate dust. Dust monitoring at nearest sensitive receivers during earthworks. Use of water sprays and carts used to dampening exposed surfaces to control dust. Site vehicle speeds are limited reducing dust generation. Dirt tracked onto public roads is removed using street sweeper or a water cart. Dust monitoring has ceased as potential sources of air pollution identified in Air

Quality plan are no longer occurring on site.

Effectiveness: There have no complaints or exceedences related to dust or air qualityduring this reporting period.


6. Inspections and Audits

6.1 Site Inspections

The John Holland Project Environmental Representative (PER) conducts a formal weekly site inspection across the project site to ensure effective environmental controls are implemented. When possible, this inspection is carried out with the ER and Superintendent. The inspection monitors all in-situ environmental controls for damage and effectiveness, as well as designing new or upgrading controls where required. Following the inspection, a checklist of environmental action items is created and provided internally.

Fortnightly inspections are undertaken by RMS and the Independent Environmental Representative throughout 2013. Each second inspection coincided with the Monthly inspection undertaken by the Environmental Review Group (ERG) with representatives from John Holland, RMS, EPA and DPI Fisheries. Due to the status of works, ERG inspections are now on an as-needs basis only.

EPA inspected WQB05, WQB06, WQB07 and surrounding catchment prior to decommissioning of the irrigation system, turkeys nest storage and associated piping system on 3 December 2013.

Other specific environmental inspections include, basin discharge inspections and erosion and sediment control inspections.

6.2 Internal Audits

As per conditions in the CEMP John Holland has conducted 6 monthly internal systems audits on the Environmental Management System.

An internal environmental compliance audit was undertaken on the 25th October. No non-conformances issued, 4 action items were identified and have been closed.

Corrective actions and close out are contained in Appendix D.

An independent audit on the requirements relating to landscaping and revegetation of the corridor for the Devils Pulpit Upgrade Project was undertaken by David Bone (OSEM) on 27 November 2013. Due to the current status of landscaping a follow up audit was scheduled for March 2014. The preliminary audit report is contained in Appendix E.

6.3 Independent Compliance Audit

A 6 monthly independent external EPL compliance audit was undertaken on the 25th

November 2013. Corrective actions and close out are contained in Appendix D.


7. Appendices

7.1 Appendix A – Compliance Tracking Register


Devils Pulpit Upgrade - Compliance Tracking Register

Approval

EA - Statement EA Statement of Commitments

Ref.

EM1

of Com

Theme

Environmental Management

mitments

Summary Description

The head contractor for the project will have an ISO14001 accredited environmental management system, including a performance and compliance auditing program.

Resp.

JH

Activity Phase

Before

Actions Taken to Demonstrate Compliance

JH holds current ISO 14001 certification. Recertification for JH NSW ACT occured 2011 with ongoing surviellance audits.

Status

Closed

EMS Ref. (Management Plan)

CEMP

Section reference of CEMP/Plan

Section 1.4

EA Statement of Commitments EM2


Suitably qualified and experienced personnel will develop and implement project-specific environmental management plans and procedures incorporating as a minimum, the impact mitigation and management measures identified in the Environmental Assessment.

JH Before Glen Bolton Operations Environmental Manager and Tom Bath Developed the CEMP. They have 10+yrs

experience between them Closed CEMP 3.1 section 1.4, 3.1

EA Statement of Commitments EM3


A compliance register will be prepared and maintained for the duration of the project to enable tracking and progressive reporting on achievement of stated commitments, compliance with conditions of approval and other regulatory or licensing aspects of the project.

JH Before This register has been devloped and is currently being maintained and regularly updated. Closed CEMP 1.5, Appendix A 1.5, Appendix A

EA Statement of Commitments

CC1

Community Consultation

Keeping the community informed will include: • Regular project updates • Prior notice of project activities • Changes to traffic and access and works outside the standard working hours • Contact details for enquiries • Web information access details • Notification to property owners on approval of the Environmental Assessment • Targeted consultation as necessary with affected individuals or groups – eg; I&I (Forests) and other affected stakeholders

JH

Before Community Liaison Plan established and targeted consultation has occurred with affected individuals/groups and will continue as required. All media (phone details, web information etc) is released through RMS.

Closed CEMP

Community Liaison Plan

2.6 Community Notification 3.3.1 Communication Process

2.6 Communication and Publication material

EA Statement of Commitments

CC2

Community Consultation

Complaints management will include: • A published 24 hour toll-free complaints number • Directions on how to register a complaint • Acknowledgement of complaints with eight working hours • Complaint recording • Tracking of complaints until resolution

JH

Before 24 hr toll free number has been published. Record of complaints maintained in Project Pack.

Closed CEMP


2.6 Community notification 3.3.2 Complaints Management

2.7 Project phone, Email, and postal address 3 Issues Management 3.1 Complaints

Statement of Commitments

E1

Ecology Restrict clearing of native vegetation to the minimum area necessary for construction. Relocation of Koala Bells (Artenema Fimbriatum ) at chainage 69050 approx

JH

Before Clearing limits are reduced where practicable and tracked through survey . Koala Bells have been identified and relocated as per this condition. Koala Bells Relocation Report completed. Relocated plants will be monitored to determine success of relocation. 12month monitoring period completed in 2013

Closed Flora and Fauna

Clearing and Grubbing

management and mitigation measures - pre clearing

specialised roles assosciated with clearing operations procedure for clearing and grubbing


E2

Ecology A qualified ecologist will identify vegetation to be retained within the construction corridor (including Koala Bells and the Subtropical Coastal Floodplain Forest endangered ecological community) and clearly delineate this vegetation on work plans. Flagging/fencing erected before the start of construction will delineate this vegetation on the project site for the duration of the construction and site restoration period.

JH

Before Ecologist presents report and develops Site Environmental Plan. Fencing and flagging for all vegetation to be protected. Has occurred for clearing of formation. Only minor clearing on Western side of formation remaining; to be undertaken in accordance with ecologist requirements.



management and mitigation measures -pre clearing, during clearing procedure for clearing and grubbing item 8 for the Clearing and Grubbing Permit

Statement of Commitments E3

Ecology Site inductions will inform and instruct construction staff of the requirements for vegetation retention and sensitivities in the construction corridor. JH

Before Site induction slides include information about vegetation retention and sensitivity. All personel are site inducted and records maintained on site.

Closed CEMP

Flora and Fauna

3.2

management and mitigation measures - pre clearing Statement of

Commitments E4

Ecology A suitable qualified ecologist will undertake pre-clearance surveys, including searches of nests and hollow-bearing trees to identify fauna species at risk of injury that require relocating to alternative, nearby suitable habitat. Follow-up inspections immediately before clearing and during construction will confirm that the sites subject to pre-clearance surveys remain free of fauna.

JH

Before Currently occuring, updated pre-clearance survey report is available. Only minor clearing on Western side of formation remaining; to be undertaken in accordance with ecologist requirements.



management and mitigation measures - pre clearing

specialised roles assosciated with clearing operations


E5

Ecology Appropriate natural habitat features and resources (such as hollow-logs, felled branches and bush rocks) removed from the project site will be relocated to adjacent areas where feasible, to provide alternative temporary or permanent habitat for displaced fauna. JH

Before Where possible, natural habitat features have been placed in adjacent areas. Closed Flora and Fauna


management and mitigation measures - general site requirements during construction

post clearing section of the Clearing and Grubbing Permit Statement of

Commitments E6 Ecology Fauna movement and habitat connectivity will be maintained by providing fauna underpasses at key locations

identified in Appendix A of the Devils Pulpit Upgrade Submissions Report. JH Before Habitat connectivity included in design. Closed Flora and Fauna management and mitigation measures - general site requirements during

construction and rehabilitation and demobilisation. Fauna structures as per design


Ecology Fauna exclusion fencing to be provided at appropriate locations along the proposed upgrade route will direct fauna towards designed fauna crossing structures. JH

Before Exclusion fencing incorporated into design Closed Flora and Fauna management and mitigation measures - general site requirements during construction. As per design


Ecology An area of Subtropical Coastal Floodplain Forest at the northern end will be rehabilitated to improve connectivity in the area of the Tabbimoble No.2 and No.3 bridges. JH

After Rehabilitation of connectivity area included in the landscaping plan. ongoing Biodiversity Offset Plan RMS to provide


E9

Ecology Design and construction of waterway crossings will be in accordance with the fish habitat classification of each waterway and in consultation with the Department of Industry and Investment Fishing and Aquaculture (Aquatic Habitat Protection Unit). Crossings will be appropriate to the requirements of the Oxleyan Pygmy Perch. JH

Before DI&I Fisheries has been consulted in the design and construction of waterway crossings. Closed Flora and Fauna MP,

Soil and Water MP

management and mitigation measures - aquatic fauna and flora

section 5 works in waterways


Ecology Water quality in Pine Road Creek and other local waterways will be protected through the use of sediment basins. Indicative locations of sediment basins are provided in the Environmental Assessment. JH

During Sediment Basins have been constructed and are licenced under EPL 20044 Closed Soil and Water MP Section 6 Section 14 Appendix D


E11 Ecology Development of biodiversity offsets will occur in consultation with the Department of Environment Climate

Change and Water (DECCW). RMS

Before Biodiversity Offset strategy has been approved, development of Offset plan is ongoing ongoing Biodiverstiy Strategy


E12

Ecology A soil seedbank will be established during cleaning operations. Revegetation will be undetaken using the native species soil seedbank and according to a Weed Management Plan.

JH

Before Seeds have been collected prior to clearing where available. Topsoil with natural seedbank has been used for revegetation.

Closed Clearing and Grubbing MP Landscaping and Rehabilitation MP Weed and Pathogen MP

CGMP - 8.2.7 and Section 9 'Post Clearing' LRMP Section 1 - WPMP reference LRMP Section 4 - Action 3 & 20


Ecology A targeted adaptive monitoring program will be undertaken for a minimum of 12 months to assess the effectiveness of fauna and flora impact mitigation measures and assess the need for additional measures and/or further targeted monitoring.

JH After The Ecological Monitoring Plan has been approved. Pre-construction monitoring was done in February 2012.

12 month monitoring conducted to March 2013 with no further action required. See rerport for additional detail.

Closed Ecological Monitoring Program Ecological Monitoring Program


E14 Ecology Management controls and staff awareness processes will be implemented to pro-actively control the spread of

weeds and pests (eg; root rot and chytrid fungus). JH

Before Included in induction, AMS (Activity Method Statement) and TRA's (Task Risk Assessments)as well as checked as part of Plant Hazard Assessment prior to entering site.

Closed Weed and Pathogen MP Section 6


HF1 Hydrology and

Flooding Waterway structures will be designed to maintain existing flow regimes.

JH Before Included in design Closed Soil and Water MP Section 5 Works in Waterways


HF2 Hydrology and

Flooding Detailed design will limit impacts in upstream and downstream channel structures (eg; through culvert sizing and other design features to control flow intensity and direction).

JH Before Included in design Closed Soil and Water MP Section 5 Works in Waterways


HF3 Hydrology and

Flooding Stream bank/bed erosion controls will be in accordance with the “Blue Book”.

JH Before Included in design Closed Soil and Water MP Section 5 Design and Planning


CN1

Construction Noise

Construction will generally be confined to approved construction hours which will be specified in the approved Construction Environmental Management Plan for the project. Specific exceptions identified within the Environmental Assessment will also be included to cater for emergency situations, safe mobilisation of plant or materials or works inaudible to adjacent receivers.

JH

During Works only occuring during approved hours. Agreements in place for works outside these hours where required in accordance with conditions of Environmental Protection Licence.

Closed CEMP 2.1, Noise and Vibration MP N&VMP - Section 5.1.2 and Section 5.2 CEMP - section 2.1.4


CN2

Construction Noise

Potentially affected sensitive receivers will be given adequate prior notice of the construction program, kept informed throughout the construction period and provided with a name and contact number for construction noise information and complaints. A specific notification procedure will be developed for any noise generating activities. Any noise complaints will be dealt with through a standard complaints management procedure identified in the Community Liaison plan.

JH

During Notification occuring in accordance with condition as per the community liaison plan. Closed CEMP 3.3, Noise and Vibration MP, Community Liaison Plan



CN3 Construction

Noise Construction noise and vibration will be minimised as far as practical through the implementation of all feasible and reasonable measures in accordance with best practice.

JH During Inclusion in plans and practical measures undertaken to minimise noise. Closed Noise and Vibration MP N&VMP - Section 3.1 and Section 10

Statement of Commitments CN4

Construction Noise

At residence treatment for residence B installed pre-construction RMS & JH Before Construction noise agreement in place with residence. At residence treatment for residence B complete. Closed Noise and Vibration MP N&VMP Section 10


CN5 Construction

Noise Construction staff induction will cover noise mitigation techniques.

JH Before Induction includes noise mitigation information. Closed CEMP 3.2, Noise and Vibration MP N&VMP - Section 1.4

CEMP section 3.2.1

1 of 18


Approval Ref. Theme Summary Description Resp. Activity Phase

Actions Taken to Demonstrate Compliance Status EMS Ref.

(Management Plan) Section reference of CEMP/Plan


CN6

Construction Noise

Monitoring will be carried out at sensitive receiver locations to assess the need for additional impact mitigation measures. Where potential or actual exceedences of noise goals are identified additional feasable and reasonable best practice noise management measures will be considered and investigated. JH

During Currently being implemented. Evidenced by noise monitoring records. No exceedences have been noted to date and no further noise monitoring to be conducted.

Closed Noise and Vibration MP N&VMP - Section 3 and Section 10


CN7

Construction Noise

Where complaints relating to noise or vibration impacts as a result of extended working hours cannot be satisfactorily resolved with the affected residents then work hours will revert back to standard working hours at that particular location for that particular activity. Residents will be consulted before recommencing any works outside standard working hours. Any complaints received relating to working hours will be made available to DoP and DECCW.

JH

During No noise or vibration related complaints received to date. Closed Noise and Vibration MP N&VMP - Section 10


CT1 Construction

Traffic Construction vehicle movements and work programs will incorporate traffic control measures to minimise traffic and transport impacts on local roads and the existing Pacific Highway.

JH Before Traffic Management plan and vehicle movement plans in place Closed Traffic MP


CT2

Construction Traffic

Any use of non-arterial roads by construction traffic will require preparation of pre-construction and post-construction condition assessment reports with copies to go to the relevant roads authority. Any damage resulting from construction (normal wear and tear) will be required unless alternative arrangements are made with the relevant roads authority.

JH

Before noted Closed Traffic MP


CT3 Construction

Traffic Construction vehicle movements and work programs will incorporate traffic control measures to maintain access to properties and Devils Pulpit State Forest.

JH During Traffic Management plan and vehicle movement plans in place Closed Traffic MP


SW1

Erosion, Sedimentation, Water Quality &

Riparian Management

The area of soil exposure and disturbance will be restricted to the minimum amount necessary for construction.

JH

During Soil disturbance and clearing are kept to minimum. Progressive rehabilitation conducted to minimise area of exposed soil and disturbance.

Closed Soil and Water MP Section 5 Design and Planning Section 9


SW2


Riparian Management

Detailed design will refine the requirements for construction erosion and sediment control including the requirements for works within and adjacent to waterways.

JH

Before Progressive Erosion and Sediment Control Plans are updated as required and include requirements for works within and adjacent to waterways where applicable.

Closed Soil and Water MP Section 5 Design and Planning, Works in Waterways


SW3


Riparian Management

Monitoring of water quality upstream and downstream of the project site before and during construction will assess the effectiveness of impact mitigation and management strategies. Implementation of additional feasible and reasonable management measures will then occur if found to be necessary. JH

Before Baseline monitoring has been undertaken. Water monitoring is occuring in accordance with the Surface Water Monitoring plan

Closed Soil and Water MP, Surface Water Monitoring Program

Section 3 Baseline Monitoring Section 5 Proposed Surface Water Monitoring during Construction


SW4


Riparian Management

Mulch stockpiles will be appropriately sited with clean water diversions implemented and strategies for the management of leachate implemented to protect receiving water.

JH

During Temporary mulch stockpiles are bunded until removal. Tannin leachated removed where generated. Closed Soil and Water MP Section 5 Stockpiles Appendix F


SW5


Riparian Management

Clean water diversion works will be implemented before topsoil is stripped or filling operations begin.

JH

During Clean water diversions have been constructed prior to stripping of topsoil Closed Soil and Water MP Section 9

Statement of Commitments AH1

Aboriginal Cultural Heritage

Protocols developed for the project will facilitate appropriate protection and management for any Aboriginal objects or suspected human remains found during construction. These protocols will include an appropriate level of Aboriginal consultation as required.

JH Before Developed as part of the Heritage MP, protocol included in induction. Closed Heritage MP Section 5 Management of Indigenous and non-Indigenous Heritage

Section 6 Unexpected finds proceedure

Statement of Commitments AH2

Aboriginal Cultural Heritage

All construction personnel will receive training in the management of Aboriginal cultural materials including legal obligations the application of protocols and the recognition of Aboriginal cultural materials. JH

Before Included in induction. Closed Heritage MP, CEMP 3.2 Section 5 Management of Indigenous and non-Indigenous Heritage


NH1

Non-Aboriginal Heritage

Protocols developed for the project will facilitate appropriate protection and management of any previously unidentified relics or suspected human remains found during construction. The protocols will include stopping all works in the vicinity of the find notifying relevant stakeholders and implementing an appropriate management strategy. The protocols will include photographic recording of any mileage markers identified in accordance with the Department of Planning (Heritage Branch) guidelines.

JH

Before Developed as part of the Heritage MP, included in induction Closed Heritage MP Section 5 Management of Indigenous and non-Indigenous Heritage Section 6 Unexpected finds proceedure

Statement of Commitments NH2

Non-Aboriginal Heritage

All construction personnel will receive training in the management of (non-aboriginal) relics including legal obligations the application of protocols and the recognition of relics. Training will include information on recognition of mileage markers.

JH Before Training in non-Aboriginal Heritage is provided in the site induction - specific training for recognition of

mileage markers has been undertaken Closed Heritage MP Section 5 Management of Indigenous and non-Indigenous Heritage


ON1 Operational Noise

& Vibration Monitoring within 12 months after completion of construction will indicate the need for any additional feasible and reasonable noise mitigation measures to be installed/implemented.

RMS After RMS to undertake post construction Open RMS to provide


ON2 Operational Noise

& Vibration All reasonable and feasible mitigation measures will be developed and implemented to meet the noise criteria applicable to the project in consultation with the sensitive receiver.

JH Before Residence B to receive architectural treatment to reduce noise impact. No noise complaints received. Closed Noise and Vibration MP N&VMP - Section 3.1


OT1

Operational Traffic Where the project affects access to and within State Forest land the provision of a new service access route of equivalent standard will be provided in consultation NSW Industry & Investment (Forests). The retention of access to and within State Forest lands adjacent to the project site is necessary for forestry operations which include logging, fire management and recreation.

JH

Before Addressed in the Traffic Management Plan Closed Traffic MP


OT2 Operational Traffic Detailed design will provide for ongoing access to and operation of the local road network.

JH Before Addressed in the Traffic Management Plan Closed Traffic MP

Statement of Commitments L1

Land Use & Socio-Economic Impacts

Negotiation of all property acquisition will be in accordance with the RMS’s Land Acquisition Policy Statement Compensation assessment will be in accordance with the Land Acquisition (Just Term Compensation) Act 1991. RMS

Before RMS are responsible for all land acquisition. All land acquisition complete. Closed N/A N/A


L2


NSW Industry & Investment (Forests) will have access to State Forest land identified for acquisition by the RMS and former State Forest land within the recently acquired road corridor to remove any harvestable timber before the start of construction. JH

Before NSW I&I consulted in November 2011 Closed CEMP

Flora & Fauna MP

section 3.3.1

management and mitigation measures - pre clearing, during clearing


L3


Utilities and services potentially affected by construction – including requirements for diversion, protection and/or support – will be identified before the start of construction. Consultation with the service providers will determine the requirements for service alterations and disruptions including the requirements for advice to customers. JH

Before Optic Fibre and Telstra fibre relocations are now complete. Closed CEMP 3.3.1 Communication Process

Statement of Commitments G1

Greenhouse Gas & Climate Change

Wherever feasible and reasonable detailed design will consider whole-of-life reductions in greenhouse gas emissions and energy consumption. JH

Before Measures outlined in EA have been implemented where appropriate Closed construct only contract, RMS to consider in the design

construct only contract, RMS to consider in the design


G2

Greenhouse Gas & Climate Change

The adoption of energy efficient work practices including selection of materials and equipment will minimise energy use and greenhouse gas emissions associated with construction where feasible and reasonable.

JH

Before Air Quality Plan and Waste Management Plan to be implemented. Closed Waste Management and Reuse Plan

Air Quality MP

section 6

section 7 - Greenhouse Gas Statement of

Commitments G3 Greenhouse Gas & Climate Change

The use of energy during operation of the rest area will be minimised and the use of renewable energy sources will be investigated during detailed design. RMS

Before RMS have implemented gravity fed flushing systems and solar powered lights in the rest area. Closed Design Drawings N/A

Statement of Commitments V1

Visual & Landscape

Impacts

The detailed design of built elements and landscapes will be in accordance with the visual and urban design objectives and principles of the project. RMS

Before JH construct only. RMS to address in design Closed Construct only contract, RMS to consider in the design

Construct only contract, RMS to consider in the design

Statement of Commitments V2

Visual & Landscape

Impacts

Species used in landscaping will comprise native and locally endemic plants. JH

Before RMS specifications and design to be implemented Closed Lanscaping and Rehabilitation MP LRMP Section 4 - Action 3


AQ1 Air Quality Dust controls will minimise dust impacts during construction.

JH Before Air Quality Management Plan currently being implemented. No dust exceedences have been observed to

date. Closed Air Quality MP section 7 - Air Quality and Dust

2 of 18






HR1 Hazards & Risks During construction bunds will isolate hazardous liquids and materials and sedimentation basins will contain

spills. JH

Before Soil and Water Plan to be implemented. Chemicals to be stored in bunded containers at site compound, Sediment Basins will be progressively built.

Closed Soil and Water MP Section 5 Chemical and Hydrocarbon Management


HR2 Hazards & Risks All occupational health and safety measures will be in accordance with relevant legislation.

JH Before Workplace Safety Management Plan currently being implemented Closed Workplace Safety MP Workplace Safety MP


HR3 Hazards & Risks Permanent water quality basins will be constructed to contain spills.

JH Before Permanent Water Quality Basins constructed as per design Closed Soil and Water MP Section 6

Statement of Waste Waste management will avoid waste creation re-use and recycle where possible and dispose as a last resort. Before Recycling bins provided for aluminium, plastic and paper recycling. Excess mulch was taken to Broadwater Closed Waste MP Section2 Commitments W1 Management JH Sugar Mill for processing in a co-generation power plant. Newmans Quarry has accepted material and mulch Section 3

for rehabilitation of a section of the quarry. Section 6 Statement of

Commitments W2

Waste Management

Opportunities to use excess mulch for energy generation purposes will be investigated. JH

Before Broadwater Sugar Mill have processed mulch for energy generation. Closed Waste MP Section 3 Section 5.1

Statement of Waste Where available and fit for purpose stormwater captured in sedimentation basins will be used in preference to During Soil and Water Plan to be implemented. Closed Soil and Water MP Section 6 Commitments W3 Management potable water for construction. The design maintenance period for treatment and discharge of water from JH

sediment basins will be met to achieve design capacity.

Environmental Protection and Biodiversity Conservation ApprovalEPBC 2010/5586 General The person taking the action must carry out the action in accordance with the conditions of this approval and as During Noted. Compliance tracking register addresses conditions of approval. Closed Compliance tracking register

1 described in the referral documentation received 23 July 2010 and the variation information submitted 8 November 2010. Where the referral or variation information and these conditions are inconsistent, these JH

conditions shall prevail to the extent of the inconsistency. EPBC 2010/5586 Specific The person proposing to take the action must not clear more than 58 hectares of vegetation within the footprint of During Tracking of area cleared monitored and confimred through survey results. Closed Flora and Fauna section 2.1

2 the action. JH Clearing and Grubbing targets

EPBC 2010/5586

3

Specific To minimise impacts on listed threatened species and migratory species, if the person taking the action intends to undertake preparatory works as part of the Pacific Highway Upgrade, a plan must be submitted to the Minister for approval outlining all preparatory works to be undertaken. This plan must be approved by the Minister prior to any preparatory works being undertaken. The plan must include, but not be limited to:

a) the location of all preparatory works to be undertaken; b) the area (in hectares) to be impacted; c) an assessment of the quality vegetation to be impacted by the preparatory works; and d) an assessment of the likely impacts of the preparatory works on habitat for threatened species and migratory species.

JH

Before Preparatory Plan has been approved Closed Preparatory Works a.) section 3 b.) section 3 c.) sections 3-6 d.)section 8

EPBC 2010/5586 FLORA AND FAUNA

MANAGEMENT PLAN

FLORA AND FAUNA MANAGEMENT PLAN To mitigate impacts on listed threatened species and migratory species, the person taking the action must submit a detailed Flora and Fauna Management Plan to the Minister for approval prior to substantial commencement of the action. This plan must be approved by the Minister prior to substantial commencement of the action. The approved plan must be implemented. The Flora and Fauna Management Plan must include, but not be limited to, the following requirements:

Before Flora and Fauna Management Plan has been approved and is currently being implemented Closed Weed and pathogen

Flora and Fauna

Landscaping and Rehabilitation

a.) section 6

b.) management and mitigation measures

c.) all

4

a) Measures to be implemented to avoid, suppress and control the spread of weeds, plant pathogens and invasive species and to measure other indirect impacts that may result from the proposal during and after construction; b) Measures to manage aquatic habitat on-site to at least maintain habitat values for the Oxleyan Pygmy Perch; c) An Ecological Restoration Plan detailing the rehabilitation of vegetation to occur within the footprint of the action; d) Engagement of a suitably qualified expert to undertake pre-clearing fauna searches within the footprint of the action, including searches of nests, hollow bearing trees, logs, existing culverts and existing bridges to ensure that the area is free of Spolled-tail Quoll, Grey-headed Flying-fox, Regent Honeyeater, Swift Parrot and any other EPBC Act listed species. e) Measures to relocate and/or ensure the appropriate care of individuals of EPBC Act listed fauna species that are located during searches referred to in Condition 4(d), in accordance with the RMS's Fauna Rescue Framework; f) The Flora and Fauna Management Plan must include clear key milestones, monitoring, performance indicators, corrective actions and timeframes for the completion of all actions outlined in the plan.

JH

Clearing and grubbing d.) management and mitigation measures and methodology

d.) appendix 1

e.)all

EPBC 2010/5586

5

SPOTTED-TAIL QUOLL MANAGEMENT PLAN

SPOTTED-TAIL QUOLL MANAGEMENT PLAN The person taking the action must submit a management plan for the Spotted-tail Quoll to the Minister for approval prior to the substantial commencement of the action. This plan must be approved by the Minister prior to substantial commencement of the action. The approved plan must be implemented. The management plan must include, but not be limited to, the following requirements: a. The construction, ongoing monitoring, maintenance and repair of permanent fauna crossings, fauna exclusion fencing and associated infrastructure that w ill ensure safe and effective movement of the Spotted-tail Quoll across the Pacific Highway Upgrade; b. An independent , suitably qualified expert is to verify that the design, location and number of fauna crossings are appropriate; c. The construction, ongoing maintenance and repair of permanent fauna exclusion fencing that will restrict Spotted-tail Quoll from crossing the Pacific Highway Upgrade and facilitate the use of fauna crossings; d. Conduct research that: i. determines the effectiveness of various designs of fauna crossing structures to facilitate the effective movement of the Spotted-tailed Quoll across various types of linear infrastructure and avoid injury or death due to crossing; ii. determines the effectiveness of the fauna crossings constructed for the Pacific Highway Upgrade to maintain the viability of the Spotted-tail Quoll population affected by the Pacific Highway Upgrade; iii. determines the effectiveness of the existing culverts , to be repaired and maintained consistent with Conditions 5(a) to 5(c), to maintain the viability of the Spotted-tail Quoll population affected by the highway; iv. identifies potential and actual threats to the viability of Spotted-ta il Quoll populations affected by the Pacific Highway Upgrade; v. Have the research reviewed by a suitably qualified expert. Documentation of the review must be submitted to the Minister with documentation of research outcomes ; vi. Implement recommendations made as a result of the research. e. The plan must include clear key milestones, performance indicators, corrective actions and timeframes for the completion of all commitments and actions outlined in the plan. f. If it is determined the fauna crossings and culverts monitored, consistent with condition 5(a), are not effective to maintain the viabilty of the Spotted-tailed Quoll population affected by the Pacific Highway Upgrade the person

RMS

Before The spotted-tailed quoll management plan and fauna crossing strategy was preapred in consultation with expert on the spotted-tailed quoll, Dr Chris Belcher.

RMS will be engagiging a suitably quailified expert to undertake the operational monitoring (commencing in May-August 2014) and research as per the Management Plan requirements. This will also take into consideration the monitoring being undertaken for the Glenugie upgrade.

RMS intends to commission an independent scientist with experience in spotted-tailed quolls or fauna crossing structures to peer review the research outcomes.

ongoing RMS to complete RMS to complete

3 of 18





EPBC 2010/5586

6

SOIL AND WATER

MANAGEMENT PLAN

SOIL AND WATER MANAGEMENT PLAN To mitigate impacts on listed threatened species, the person taking the action must submit a detailed Soil and Water Management Plan, to be developed in consultation with I&I NSW (Fisheries), to the Minister for approval prior to substantial commencement of the action. This plan must be approved by the Minister prior to substantial commencement of the action. The approved plan must be implemented. The Soil and Water Management Plan must include, but not be limited to:

a) Details of the water monitoring program to be implemented before, during and after construction to determine baseline water conditions, water quality objectives for the site as they relate to the Oxleyan Pygmy Perch, as well as the performance and effectiveness of mitigation measures to be used to mitigate water quality and hydrologic impacts. The program must include but not be limited to: i. A minimum of two (2) baseline data sites in Tabbimoble Floodway No.2 and a minimum of two (2) in Tabbimoble Floodway No.3, determined in consultation with I&I NSW (Fisheries); ii. Baseline water conditions must include data describing water quality, pH levels and hydrological parameters such as stream flows and velocity; iii. Water conditions must be monitored at monthly intervals before, during and after construction for a length of time to be determined in consultation with I&I NSW (Fisheries); iv. The identification of thresholds that will trigger corrective actions and the actions that will be implemented within 24 hours if a threshold is reached or exceeded. If such an event occurs, this is to be reported to the department within 2 weeks of the event occurring; v. Monitoring of the effectiveness of mitigation measures, which should include samples during and post rainfall events. Contaminant concentrations and fiow volumes entering and discharging from treatment systems on-site must be quantified and contaminant loads calculated; vi. Reporting arrangements to the department, including procedures and time frames for reporting any non compliance; and vii. Results of the Monitoring Program (including data and its interpretation) is to be made publicly available on the website of the person taking the action including data and its interpretation within three months of every 12 month anniversary of the substantial commencement of the action. b) Details and location of all permanent erosion and sediment control, as well as pollution control measures, to be implemented during construction and operation of the Pacific Highway Upgrade All erosion and sediment control

JH

Before Approved Soil and Water management plan currently being implemented Closed Surface Water Monitoring Plan

Soil and Water MP

Part A section 3 covers i-iii section 8,9 covers iv, vi, vii section 6 covers v

Part B Section 5 Works in Waterways covers i-iii section 5 stockpiles covers iv section 5 chemicals and hydrocarbons covers v Section 5 Works in Waterways covers vi section 7 water discharge from site covers vii section 5 monitoring covers vii and ix

EPBC 2010/5586

7

OFFSET PLAN OFFSET PLAN The person taking the action must submit an Offset Plan for approval by the Minister within 12 months of the date of this approval to provide for the conservation and management in perpetuity of a minimum of 152 hectares of habitat for the Grey-headed Flying-fox, the Spotted-tail Quoll, the Regent Honeyeater and the Swift Parrot. The approved plan must be implemented. The Offset Plan must include, but not be limited to: a. The acquisition and conservation ofland containing a minimum of 152 hectares of habitat for the Grey-headed Flying-fox, the Spotted-tail Quoll, the Regent Honeyeater and the Swift Parrot that is of equal or greater quality to that to be removed for the Pacific Highway Upgrade; b. The land referred to at condition 7(a) must be located within 50km of the Pacific Highway upgrade at Devil's Pulpit, unless otherwise agreed to by the department; c. The land referred to at condition 7(a) must be protected by a legal instrument under relevant nature conservat ion legislation on the title of the area within 18 months of the date of this approval. d. The instrument referred to in Condition 7(c) must provide for: i. The protection of the land in perpetuity ii. Prevent any future development activit ies iii. Ensure the active management of the land; i. The land referred to at Condition 7(a) must provide linkages to existing habitat for the species of concern. e. The Offset Plan must include a clear commitment to ongoing management of the land at Condition 7(a). Management works must be consistent with advice from a suitably qualified expert . These measures must commence within 3 months of the legal protection of the land. f. The Plan must include key milestones, performance indicators, corrective actions and timeframes for the completion of all actions outlined in the Plan. g. The Plan must include clear outline of funding for the management in perpetuity of the land at Condition 7(a). h. The Plan must be developed in consultation with the department.

RMS

Before RMS has run the proposed site through the Commonwealth offsets calculator. The offset plan was submitted by RMS on 21st June 2013 and feedback was received 5th September 2013. Further correspondace has continued in letter format with RMS submitting a letter to the department on the 27th November 2013 and DoE providng feedback on the 20th February 2014. RMS are in the process of considering the recent feedback from DoE with a view to reaching agreement on the details of the Offset Package for this site. RMS has received agreement from National Parks on the proposed site to be transferred to National Park estate, discussions are being held with both agencies to ensure the Offset Package meets the requirements of the Biodiversity Offset Strategy (CoA B4) and to confirm the long-term management of the site. RMS has continued property negotations and are in the final stages of finalising the purchase of the offset property.

Ongoing RMS to complete RMS to complete

EPBC 2010/5586 8

Standard Conditions

Within 10 business days of the substantial commencement of the action, the person taking the action must advise the department in writing of the actual date of substantial commencement.

RMS Before RMS advised the Department Closed CEMP CEMP Table 3.2

EPBC 2010/5586 Standard If, after 3 years from the date of this approval, the person taking the action has not substantially commenced the After noted - the action has substantially commenced. Closed CEMP CEMP Table 3.2 9 Conditions action to the satisfaction of the Minister, the person taking the action must obtain the written agreement of the RMS

Minister to commence or continue taking the action. EPBC 2010/5586 Standard Within three months of every 12 month anniversary after the substantial commencement of the action, the person During will occur as per CEMP Ongoing CEMP CEMP Table 3.2

Conditions taking the action must submit to the department an annual report addressing compliance with each of the 10 conditions of this approval, including implementation of any management plans that have been approved by the

Minister. Annual reports must be provided until the Minister is satisfied that the person taking the action has JH

complied with all conditions of this approval.

EPBC 2010/5586 Standard Upon the direction of the Minister, the person taking the action must ensure that an independent audit of During will occur as per CEMP Noted CEMP CEMP Table 3.2 Conditions compliance with the conditions of approval is conducted and a report submitted to the Minister. The independent

11 auditor must be approved by the Minister prior to the commencement of the audit. Audit criteria must be agreed to by the Minister and the audit report must address the criteria to the satisfaction of the Minister.

RMS

EPBC 2010/5586

12

Standard Conditions

If the person taking the action wishes to carry out any activity otherwise than in accordance with the plans, reports or strategies referred to in this approval, the person taking the action must submit for the Minister's approval a revised version of any such plan, report or strategy. The varied activity shall not commence until the Minister has approved the varied plan, report or strategy in writing. If the Minister approves such a revised plan, report or strategy, that plan, report or strategy must be implemented in place of the plan, report or strategy originally approved.

JH

During will occur as per CEMP, where required Ongoing CEMP Section 3.1.3 Table 3.2

EPBC 2010/5586

13

Standard Conditions

If the Minister believes that it is necessary or desirable for the better protection of listed migratory species and listed threatened species and ecological communities to do so, the Minister may request that the person taking the action make specified revisions to the pians, reports or strategies approved pursuant to the conditions of this approval and submit the revised plan, report or strategy for the Minister's approval. The person taking the action must comply with any such request. The revised approved plan, report or strategy must be implemented. Unless the Minister has approved the revised plan, report or strategy, then the person taking the action must continue to implement the plan, report or strategy originally approved under this approval.

RMS

Before noted - will occur if required Noted CEMP Section 3.1.3 Table 3.2

EPBC 2010/5586

14

Standard Conditions

The person taking the action must maintain accurate records substantiating all activities associated with or relevant to the conditions of this approval, including measures taken to implement the management plans 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 Departments website. The results of audits may also be publicised through the general media.

JH

During will occur as per CEMP Closed CEMP Section 3.4, Section 5 Section 6

Part 3A Conditions of Approval

4 of 18





Part 3A Major Project Approval. CoAs

A1

Terms of Approval The Proponent shall carry out the project generally in accordance with the: (a) Major Projects Application 09_0179; (b) Upgrading the Pacific Highway - Iluka Road to Woodburn Devils Pulpit Upgrade –Environmental Assessment (Volumes 1 and 2), prepared by Hyder Consulting Pty Ltd for the NSW Roads and Traffic Authority and dated May 2010; (c) Upgrading the Pacific Highway - Iluka Road to Woodburn Devils Pulpit Upgrade –Environmental Assessment Submissions and Preferred Project Report, prepared by the RMS and dated November 2010; and (d) conditions of this approval.

JH

During noted Closed CEMP Section 1.5 Section 2.4


A2

Terms of Approval In the event of an inconsistency between: (a) the conditions of this approval and any document listed from condition A1(a) to A1(c) inclusive, the conditions of this approval shall prevail to the extent of the inconsistency; and (b) any document listed from condition A1(a) to A1(c) inclusive, and any other document listed from condition A1(a) to A1(c) inclusive, the most recent document shall prevail to the extent of the inconsistency.

JH

During noted Closed Section 3.1.3 Table 3.2


A3

Terms of Approval The Proponent shall comply with any reasonable requirement(s) of the Director General arising from the Department's assessment of: (a) any reports, plans or correspondence that are submitted in accordance with this approval; and (b) the implementation of any actions or measures contained within these reports, plans or correspondence. JH

During As required Closed Section 3.1.3 Table 3.2


A4 Terms of Approval Subject to confidentiality, the Proponent shall make all documents required under this approval available for public

inspection on request JH

During Monitoring data is posted to website in accordance with recent changes to the PEOE act. Other documents avaiable as per the community liaison plan and project records.

Closed Construction Community Liaison Plan

CCLP – Section 1.7


A5

Staging The Proponent may elect to construct and/or operate the project in stages provided construction/ operation is consistent with the conditions of this approval. Where stages are proposed, the Proponent shall submit a Staging Report to the Director General prior to the commencement of the relevant construction or operation activities which: (a) describes the stages; and (b) identifies the relevant conditions of approval for each stage and how these will be addressed across and between the stages of the project.

JH

Before Staging report letter approved 28/10/2011 Closed Table 2.2


A6

Staging Plans, sub-plans and other management documents required by the conditions of this approval may be submitted for approval for stages of works, subject to the agreement of the Director General. Where agreed, the plans, sub-plans and other management documents shall be submitted for the approval of the Director General no later than one month prior to the commencement of construction for works relevant to those stages, or within such period otherwise agreed by the Director General. Construction works for those stages, shall not commence until written approval has been received from the Director General.

JH

Before CEMP and sub-plans have been approved Closed CEMP Table 3.2 Table 3.2


A7 Limits of Approval This approval shall lapse ten years after the date on which it is granted, unless works the subject of any related

project approval are physically commenced on or before that date. RMS

Before Works commenced within the 10 year approval time frame Closed Noted Noted


A8

Limits of Approval The Proponent shall not clear the vegetation in the road reserve for the new northbound carriageway between Ch 66000 - Ch 68200 and Ch 69000 - Ch 70900, prior to the commencement of construction of those sections of the northbound carriageway. This condition does not prevent the clearing of vegetation for the construction of ancillary construction facilities (where approved under condition B16), culverts/ fauna crossings and the stormwater, drainage and water management systems for the project.

JH

Before Occured as per Flora and Fauna management plan in consultation with OEH Closed Flora and Fauna a.) management and mitigation measures - pre clearing


B1

Biodiversity - Flora and Fauna

Prior to the commencement of vegetation clearing, the Proponent shall employ a suitably qualified ecologist to undertake surveys for tree hollows and threatened flora and fauna species within vegetation to be cleared as part of the project. The removal and relocation of fauna shall be undertaken in accordance with a protocol developed for the removal and relocation of fauna removed from habitat trees during clearing.

JH

Before All vegetation clearing to date has been undertaken by a suitably qualified ecologist in accordance with the Clearing and Grubbing Management Plan.

Closed clearing and grubbing

flora and fauna

clearing and grubbing methodology

appendix 1


B2


The Proponent shall limit the clearing of native vegetation to the greatest extent practicable and shall where practicable, establish native vegetation along the road corridor to provide habitat for wildlife

JH

Before Clearing minimisation is included in plans and is currently being observed. Clearing area is being tracked through survey. Progressive rehabilitation is aimed at providing native vegetation along the road corridor.

Closed Flora and Fauna management and mitigation measures - pre clearing, during clearing

post clearing section of the Clearing and Grubbing Permit


B3


The location of fauna crossings shall be as identified in Appendix A of the Devils Pulpit Upgrade Submissions and Preferred Project Report, unless otherwise agreed by the Director General. Crossing structure design and dimensions shall be consistent with the principles outlined in these conditions and refined in consultation with DECCW and I&I NSW and included in the Biodiversity Offset Strategy and Package required under condition B4 and condition B5 unless otherwise agreed by the Director General.

JH

Before Location of fauna crossing constructed in accordance with approved design. Closed RMS permanent works. Contract is construct only will only construct the approved design

Fauna and Flora Plan

RMS permanent works. Contract is construct only will only construct the approved design


B4 Biodiversity

offsets The Proponent shall develop a Biodiversity Offset Strategy

RMS Before Biodiversity Offset Plan has been approved - RMS to implement Closed RMS to complete RMS to complete


B5

Biodiversity offsets

Within 12 months of the approval of the Biodiversity Offset Strategy, unless otherwise agreed by the Director General, the Proponent shall prepare and submit the Biodiversity Offset Package for the approval of the Director General. The Package shall be developed in consultation with DECCW and DSEWPC

RMS

Before RMS has run the proposed site through the Commonwealth offsets calculator. The offset plan was submitted by RMS on 21st June 2013 and feedback was received 5th September 2013. Further correspondace has continued in letter format with RMS submitting a letter to the department on the 27th November 2013 and DoE providng feedback on the 20th February 2014. RMS are in the process of considering the recent feedback from DoE with a view to reaching agreement on the details of the Offset Package for this site. RMS has received agreement from National Parks on the proposed site to be transferred to National Park estate, discussions are being held with both agencies to ensure the Offset Package meets the requirements of the Biodiversity Offset Strategy (CoA B4) and to confirm the long-term management of the site. RMS has continued property negotations and are in the final stages of finalising the purchase of the offset property.

Ongoing RMS to complete RMS to complete

Part 3A Major Project Approval. CoAs B6

Biodiversity Ecological Monitoring

Prior to the commencement of construction, the Proponent shall develop and implement an Ecological Monitoring Program RMS

Before Ecological Monitoring Programme has been approved - RMS to implement Closed RMS to complete RMS to complete


B7

Sedimentation, erosion and water

Erosion and sediment control measures shall be implemented prior to any works commencing, consistent with Managing Urban Stormwater - Soils and Construction Vols 1 and 2, 4th Edition (Landcom, 2004) and Managing Urban Stormwater Soils And Construction Vols 2A and 2D Main Road Construction (DECC 2008). Measures shall take into account the potential for flooding within and adjoining the project area.

JH

Before Erosion and sediment control plans are developed in consultation with Soil Conservationist and are progessively installed and maintained.

Closed Soil and Water MP Section 5 Mitigation and measures against soil and water impacts.

5 of 18





Part 3A Major Project Sedimentation, The Proponent shall prepare and Implement a Surface Water Monitoring Program to monitor the impacts of the Before Surface Water Management Plan has been approved and is currently being implemented Closed Surface Water Monitoring Program (i)section 2 Site Characteristics Approval. CoAs

B8

erosion and water project on surface water quality during construction and operation. The Program shall be developed in consultation with DECCW, I&I NSW and DSEWPC and shall include but not necessarily be limited to: (i) identification of surface water quality monitoring locations which is representative of the potential extent of impacts from the project; - JH (ii) identification of works and activities during construction and operation of the project, including emergencies and spill events, that have the potential to impact on surface water quality; - RMS (iii) background monitoring of surface water quality parameters for six (6) months prior to the commencement of construction to establish baseline water conditions - RMS (iv) development and presentation of indicators or standards against which any changes to surface water quality will be assessed, having regard to the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000 (ANZECC, 2000); - JH (v) contingency and ameliorative measures in the event that adverse impacts to surface water quality are identified; - JH (vi) a minimum monitoring period of three years following construction or until the waterways are certified by an independent expert as being rehabilitated to an equal or better condition; and - RMS (vii) reporting of the monitoring results to the Department, DECCW, I&I NSW and DSEWPC. - JH The Program shall be submitted to the Director General for approval six (6) months prior to the commencement of construction of the project, or as otherwise agreed by the Director General. A copy of the Program shall be submitted to DECCW, I&I NSW and DSEWPC prior to its implementation.

RMS & JH

(ii) Section 4 Direct impacts on test parameters from construction (iii) section 3 Bseline Monitoring and section 11 Appendix Baseline Monitoring (iv)section 6 Site Specific Derived Water Quality Objectives (v)section 8 Monitoring frequency and managing exceedences, section 9 Reporting (vi) section 3 Baseline Monitoring (vii) Section 9 Reporting


B9


The Proponent shall prepare and implement a tannin leachate management protocol prior to the commencement of construction to manage the stockpiling of mulch and use of cleared vegetation and mulch filters for erosion and sediment control. The protocol shall be developed in consultation with DECCW and to the satisfaction of the Director General.

JH

Before Procedure has been devloped as part of the soil and water plan and in consultation with the OEH and Fisheries and is currently being implemented.

Closed Soil and Water MP Appendix F


B10 Hydrology and

Flooding The Proponent shall ensure, to the greatest extent practicable, that the project is designed to not worsen existing flooding characteristics within the vicinity of the project.

RMS Before Accomodated in detailed design Closed Design Drawings


B11 Hydrology and

Flooding Where flooding characteristics are altered and affect access, property or infrastructure, the Proponent shall, in consultation with the property owner, identify and implement further mitigation measures.

RMS Before Accomodated in detailed design Closed Design Drawings


B12 Hydrology and

Flooding The Proponent shall consult with DECCW, I&I NSW on the design of the bridge crossings of Tabbimoble Floodways No 2 and No 3

RMS Before RMS has consulted in the design process Closed Design Drawings

Part 3A Major Project Hydrology and Watercourse crossings and culverts shall be designed and constructed to be consistent with the Guidelines for Before Watercourse crossing and culverts have been designed and constructed in consultation with OEH and DPI Closed Soil and Water MP Section 5 Works in Waterways Approval. CoAs

B13 Flooding Controlled Activities Watercourse Crossings (DWE, 2008) and Why do Fish Need to Cross the Road? Fish

Passage Requirements for Waterway Crossings (NSW Fisheries, 2003). Class 2 watercourse crossings shall be bridged where feasible and reasonable, alternatively both Class 2 and 3 watercourse culvert replacements shall incorporate a naturalised base.

RMS & JH Fisheries

Part 3A Major Project Heritage Impacts Where heritage items (Aboriginal objects and relics or works) are discovered during the construction of the project Before Requirements detailed in the Heritage MP and included in the site induction. No heritage items have been Closed Heritage MP Section 5 Management of Indigenous and non-Indigenous Heritage Approval. CoAs

B14 all works in the vicinity of the items should stop and an appropriately qualified heritage consultant is contacted to provide specialist heritage advice. The measures to consider and manage this process, including approvals, should be detailed in the Construction Heritage Management Plan required under condition B23(e).

JH discovered to date. Section 6 Unexpected finds procedure

Part 3A Major Project Utilities and The Proponent shall identify utilities and services potentially affected by construction to determine requirements Before Relocation of Telstra Copper Cable and Optic Fibre is complete Closed Contract is Construct only. RMS to Contract is Construct only. RMS to negotiate with service providers for Approval. CoAs

B15

services for diversion, protection and/ or support. Alterations to services shall be determined by negotiation with the service providers. The Proponent in consultation with service providers shall ensure that potential disruption to services resulting from the activity are minimised and customers should be notified. JH

negotiate with service providers for service relocation design.


service relocation design.

Appendix B

Part 3A Major Project Ancillary Facilities Unless otherwise approved by the Director General, the sites for ancillary facilities associated with the Before Consistancy assesments are undertaken to assess compliance with conditions and approved by independent Closed CEMP CEMP – Section 2.2, 4.1.3, Appendices F & G Approval. CoAs construction of the project shall;

(d) be located more than 100 metres from a waterway; (e) have ready access to the road network; (f) be located in areas of low ecological significance and will not require any significant clearing of native vegetation beyond that already required by the project; (g) be located on relatively level land; (h) be separated from the nearest residences by at least 200 metres (or at least 250 metres for a temporary batching plant and stockpiling sites); (i) be above the 20 ARI flood level unless a contingency plan to manage flooding is prepared and implemented; (j) not unreasonably affect the land use of adjacent properties;

environmental representative.

B16 (k) provide sufficient area for the storage of raw materials to minimise, to the greatest extent practical, the number of deliveries required outside standard construction hours; and (I) be located in areas of low heritage conservation significance (including identified Aboriginal cultural value) and not impact on heritage sites beyond those already impacted by the project.

Ancillary sites identified within the documents listed under condition A1 of this approval that do not meet the above criteria should be assessed against this criteria and demonstrate how they will manage and mitigate any environmental impacts to the satisfaction of the Director General. The location of ancillary facilities shall be identified within the relevant Construction Environmental Management Plan.

JH

Part 3A Major Project Compliance Prior to the commencement of construction the Proponent shall develop and implement a Compliance Tracking Before This register makes for part of the compliance tracking program. The other aspects are covered in the CEMP Closed CEMP ) Section 6.2, 1.5 Approval. CoAs

B17

Tracking Program to track compliance with the requirements of this approval. The Program shall be submitted to the Director General for approval and relate to both construction and operational stages of the project, and include, but not necessarily be limited to: (a) provisions for periodic review of project compliance with the requirements of this approval, Statements of Commitment and documents referred to in condition A1 of this approval) and reporting of compliance status to the Director General; (b) provisions for the notification of the Director General prior to the commencement of construction and prior to the commencement of operation of the project; (c) a program for independent environmental auditing in accordance with ISO 19011:2003 Guidelines for Quality and/ or Environmental Management Systems Auditing; (d) mechanisms for reporting and recording incidents and actions taken in response to those incidents; (e) provisions for reporting environmental incidents to the Director General during construction and operation; and (f) procedures for rectifying any non-compliance with the documents referred to in Condition A1 identified during environmental auditing or review of compliance

JH

This Registerb) This Register (as well as the equivalent registers contained in each CEMP sub-plan) c) Section 5.2.2 d) Section 3

6 of 18






B18

Community information and

involvement

Prior to the commencement of construction, the Proponent shall establish and maintain a new website, or dedicated pages within an existing website, for the provision of electronic information associated with the project. The Proponent shall, subject to confidentiality, publish and maintain up-to-date information on the website or dedicated pages including, but not necessarily limited to: (a) a copy of the documents referred to under Condition A1 of this approval, and any documentation supporting modifications to this approval that may be granted from time to time; (b) a copy of this project approval; (c) a copy of each relevant environmental approval, licence or permit required and obtained in relation to the project; (d) a copy of each current strategy, plan, program or other document required under this approval; and (e) the outcomes of compliance tracking in accordance with the requirements of Condition B17.

JH

Before A website has been established and the majority of the documents are available. The Environmental Protection Licence is to be available via the website and the compliance tracking program is included in the approved CEMP which is available from the website

Closed Community Liaison Plan 1.5 Project Approval and Plans 2.6 Community notification


B19

Community information and involvement

Complaints and enquiries procedure

Prior to the commencement of construction, the Proponent shall ensure that the following are available for community complaints and enquiries during the construction period: (a) a telephone number on which complaints and enquiries about construction and operation activities may be registered; (b) a postal address to which written complaints and enquiries may be sent; and (c) an email address to which electronic complaints and enquiries may be transmitted.

The telephone number, the postal address and the email address shall be published in a newspaper circulating in the local area prior to the commencement of construction and prior to the commencement of project operation. The above details shall also be provided on the website (or dedicated pages) required by this approval.

The Proponent must prepare and implement a Construction Complaints Management System consistent with AS 4269 Complaints Handling prior to the commencement of construction activities and must maintain the System for the duration of construction activities.

Information on all complaints received, including the means by which they were addressed and whether resolution was reached and whether mediation was required or used, must be maintained by the Proponent and included in a complaints register. The information contained within the System must be made available to the Director General on request.

JH

Before Contact details on webstie and complaints register is being maintained. Closed CEMP


2.6 Community notification 3.3.2 Complaints Management 3.4 Environmental records



B20

Community information and involvement Community involvement

The Proponent shall prepare and implement a Community Communication Strategy for the project. This Strategy shall be designed to provide mechanisms to facilitate communication between the Proponent, the Contractor, the Environmental Representative, the relevant Council and the local community (broader and local stakeholders) on the construction and environmental management of the project. The Strategy shall include, but not necessarily be limited to: (a) identification of stakeholders to be consulted as part of the Strategy, including affected and adjoining landowners; (b) procedures and mechanisms for the regular distribution of information to stakeholders on the progress of the project and matters associated with environmental management; (c) procedures and mechanisms through which stakeholders can discuss or provide feedback to the Proponent and/or Environmental Representative in relation to the environmental management and delivery of the project; (d) procedures and mechanisms through which the Proponent can respond to any enquires or feedback from stakeholders in relation to the environmental management and delivery of the project; and (e) procedures and mechanisms that would be implemented to resolve any issues/disputes that may arise between parties on the matters relating to environmental management and the delivery of the project. This may include the use of an appropriately qualified and experienced independent mediator.

Key issues that should be addressed in the Strategy should include, but not necessarily be limited to: (i) traffic management (including access and construction vehicle management and parking); (ii) flora and fauna; (iii) flood management; (iv) air quality; (v) erosion and sediment control; and (vi) noise and vibration mitigation and management. The Proponent shall maintain and implement the Strategy throughout construction of the project. The Strategy shall be approved by the Director General prior to the commencement of construction, or as otherwise agreed by the Director General.

JH

Before Requirements covered in the comunity liaison plan Closed Community Liaison Plan Appendix B 2.6 Communication and Publication material 2.7 Project phone, Email, and postal address 2.4 Recording Contacts 3 Issues Management

Items i - vi are covered in; Community Liaison Plan 2.4 Recording Contacts Community Liaison Plan2.6 Communication and Publication material CEMP 2.6 Community Notification

Part 3A Major Project Environmental Prior to the commencement of construction of the project, or as otherwise agreed by the Director General, the Before David Bone has been approved and appointed the ER position Closed CEMP table 3-3 Approval. CoAs Management - ER Proponent shall nominate for the approval of the Director General a suitably qualified and experienced

Environment Representative(s) that is independent of the design and construction personnel. The Proponent shall employ the Environmental Representative(s) for the duration of construction, or as otherwise agreed by the Director General. The Environment Representative(s) shall: (i) be the principal point of advice in relation to the environmental performance of the project; (ii) be consulted in responding to the community concerning the environmental performance of the project; (iii) monitor the implementation of all environmental management plans and monitoring programs required under this approval; (iv) monitor the outcome of all environmental management plans and advise the Proponent upon the achievement

B21 of all project environmental outcomes; (v) have responsibility for considering and advising the Proponent on matters specified in the conditions of this JH

approval, and all other licences and approvals related to the environmental performance and impacts of the project; (vi) ensure that environmental auditing is undertaken in accordance with the requirements of condition B17 and the project Environmental Management System(s); and (vii) be given the authority and independence to require reasonable steps be taken to avoid or minimise unintended or adverse environmental impacts, and failing the effectiveness of such steps, to direct that relevant actions be ceased immediately should an adverse impact on the environment be likely to occur.

7 of 18






B22


CEMP

Prior to the commencement of construction, the Proponent shall prepare and implement a Construction Environmental Management Plan. The Plan shall outline the environmental management practices and procedures that are to be followed during construction, and shall be prepared in accordance with Guideline for the Preparation of Environmental Management Plans (DIPNR, 2004). The Plan shall be prepared in consultation with the DECCW, I&I NSW, NOW and DSEWPC, and include, but not necessarily be limited to: (a) a description of all relevant activities to be undertaken during construction of the project including an indication of stages of construction, where relevant; (b) statutory and other obligations that the Proponent is required to fulfil during construction including all approvals, consultations and agreements required from authorities and other stake, and key legislation and policies; (c) a description of the roles and responsibilities for all relevant employees involved in the construction of the project; (d) details of how the environmental performance of the construction works will be monitored, and what actions will be taken to address identified adverse environmental impacts; and (e) complaints handling procedures during construction. The Plan shall be submitted for the approval of the Director General no later than one month prior to the commencement of construction, or within such period otherwise agreed by the Director General. Construction works shall not commence until written approval has been received from the Director General.

JH

Before The CEMP has been approved and is currently being i mplemented Closed CEMP

Compliance Tracking Register

Section 1.4 a) Section 2.1.3 b) Section 1.9, 2.3 c) Section 3.1 d) Section 5.1 e) Section 3.3.3, 2.6


B23


CEMP

As part of the Construction Environment Management Plan for the project required under condition B22 of this approval, the Proponent shall prepare and implement the following sub plan(s):

(a) a Construction Traffic Management Plan, prepared in accordance with the RMS's QA Specification G10 Control of Traffic and Traffic Control at Work Sites Manual (2003) to manage disruptions to highway and local traffic movements as a result of construction activities (and associated construction traffic);

(b) a Construction Flora and Fauna Management Plan to detail how construction impacts on ecology will be minimised and managed. The Plan shall be developed in consultation with the DECCW and I&I NSW and shall include, but not necessarily be limited to: (i) details of work practices (such as fencing and construction worker education) to minimise the potential for damage to vegetation (particularly EECs) and native fauna during construction. Measures shall also be included to minimise the extent of soil disturbance during construction; (ii) weed management measures focusing on early identification of invasive weeds and identifying effective management controls and methods to measure effectiveness; (iii) details of the construction mitigation measures to be implemented and associated procedures for the installation and monitoring of these measures; (iv) a procedure detailing the timing for the implementation and monitoring of the mitigation and management measures consistent with condition B4; and (v) a description of how the effectiveness of the mitigation and management measures would be monitored during the proposed works and, if any noncompliance is detected, how any non-compliance would be rectified consistent with condition B4.

(c) a Construction Noise and Vibration Management Plan to detail how construction noise and vibration impacts will be minimised and managed. The Plan shall be developed in consultation with the DECCW and include, but not necessarily be limited to: (i) details of an indicative schedule for construction activities; (ii) identification of noise and/or vibration generating construction activities that have the potential to impact on surrounding sensitive receivers; (Iii) procedures to ensure overpressure and vibration criteria are met during blasting including a suitable blast

JH

Before CEMP and sub-plans have been approved and are currently being implemented Closed CEMP

Sub plans

Section 1.5, 1.6, 1.7

All the conditions are met within the developed sub plans These include; Traffic Management Plan Flora and Fauna Management Plan Noise and Vibration Management Plan Soil and Water Management Plan Heritage Management Plan

Part 3A Major Project Biodiversity Vegetated medians shall be provided in known glider habitat between Ch 66150 - Ch 68050 and Ch 69100 - Ch During Incorporated into design. Consultation has occurred and the limits of clearing have been approved Closed Flora and Fauna Management Plan management and mitigation measures - general site requirements during Approval. CoAs 70800 to facilitate glider crossing. Locations of vegetated medians and limits of clearing within the medians and construction

C1 outside the adjacent carriageways shall be determined in consultation with DECCW and approved by the Director JH General.


C2

Noise, vibration and blasting construction restrictions

Construction activities associated with the project shall only be undertaken during the following hours: (a) 7:00am to 6:00pm Mondays to Fridays, inclusive; and (b) 8:00am to 1:00pm Saturdays; and (c) at no time on Sundays or public holidays. The following exceptions to standard construction hours apply: (i) construction work that causes LAeq (15minute) noise levels that are: (a) no more than 5dB above rating background level at any residence in accordance with the interim Construction Noise Guideline (DECC, 2009); and (b) no more than the noise management levels specified in Table 3 of the interim Construction Noise Guideline (DECC, 2009) at other sensitive land uses; or (ii) for delivery of materials required outside these hours by the Police or other authorities for safety reasons; or (iii) where it is required in an emergency to avoid the loss of lives, property and/or to prevent environmental harm; or (iv) where works are in accordance with the conditions of an EPL for the project.

JH

During Majority of works currently being undertaken within standard construction hours. Out of Hours work is conducted in accordance with approval conditions and private stakeholder agreements.

Closed CEMP 2.1.4 Noise and Vibration Management Plan

N&VMP - Section 5

Part 3A Major Project Noise, vibration Except as expressly permitted by an EPL issued for the project, high noise impact activities and works occurring During Noted. No high noise impact activities have occurred to date Closed CEMP 2.1.4 N&VMP - Section 5 Approval. CoAs and blasting on the premises may only be undertaken:

construction (a) between the hours of 8:00am to 6:00pm Monday to Friday; restrictions (b) between the hours of 8:00am to 1:00pm Saturday; and

C3 (c) in continuous blocks not exceeding 3 hours each with a minimum respite from those activities and works of not less than 1 hour between each block.

JH

For the purposes of this condition 'continuous' includes any period during which there is less than a 1 hour respite between ceasing and recommencing any of the work the subject of this condition.

Part 3A Major Project Noise, vibration Blasting associated with the project shall only be undertaken during the following hours: During Noted - No blasting planned to occur Closed Noise and Vibration Management No Blasting Approval. CoAs and blasting (a) 9:00 am to 5:00 pm, Mondays to Fridays, inclusive; Plan

construction (b) 9:00 am to 1:00 pm on Saturdays; and Blasting is not permitted – refer C4 restrictions (c) at no time on Sundays or public holidays.

This condition does not apply in the event of a direction from police or other relevant authority for safety or JH RMS R44 /A2

emergency reasons to avoid loss of life, property loss and/or to prevent environmental harm.

Part 3A Major Project Noise, vibration The Proponent shall implement all feasible and reasonable noise mitigation measures with the aim of achieving During Noise and Vibration Management Plan is being i mplemented Closed Noise and Vibration Management N&VMP - Section 3 Approval. CoAs and blasting the construction noise management levels detailed in the Interim Construction Noise Guideline (DECC, 2009). Plan

C5 construction restrictions

Any activities that could exceed the construction noise management levels shall be identified and managed in accordance with the Construction Noise and Vibration Management Plan required under condition B23(c) of this

JH

approval.

8 of 18






C6


The Proponent shall ensure that airblast overpressure generated by blasting associated with the project does not exceed the criteria specified below when measured at the most affected residence or other sensitive receiver.

Airblast overpressure criteria: Airblast overpressure (Db(Lin Peak)) -> Allowable exceedance 115 -> 5% of total number of blasts over a 12 month period 120 -> 0%

However, these criteria do not apply where the Proponent has a written agreement with the relevant landowner to exceed the criteria and the Director General has approved the terms of the written agreement. In obtaining this approval the Proponent shall submit: (a) details of the proposed blasting program; (b) an assessment of the environmental impacts on the surrounding area, including, but not limited to noise, vibration and air quality; (c) details of the management, mitigation and monitoring procedures; and (d) results of consultation with landowners. Note: 1. The agreement may be terminated by the landowner at any time should concerns about the increased blasting limits be unresolved. 2. The Airblast Overpressure level of 125 dBL shall not be exceeded. 3. The agreement does not apply where the property is a heritage property.

JH

During Noted - No blasting planned to occur Closed Noise and Vibration Management Plan Blasting is not permitted – refer RMS R44 /A2

No Air Blasting


C7


The Proponent shall ensure that ground vibration generated by blasting associated with the project does not exceed the criteria specified below when measured at the most affected residence or other sensitive receiver.

Peak particle velocity criteria: Peak particle velocity (mms-1) -> Allowable exceedance 5 -> 5% of total number of blasts over a 12 month period 10 -> 0%

However, these criteria do not apply where the Proponent has a written agreement with the relevant landowner to exceed the criteria and the Director General has approved the terms of the written agreement. In obtaining this approval the Proponent shall submit: (a) details of the proposed blasting program; (b) an assessment of the environmental impacts on the surrounding area, including, but not limited to noise, vibration and air quality; (c) details of the management, mitigation and monitoring procedures; and (d) results of consultation with landowners. Note: 1. The agreement may be terminated by the landowner at any time should concerns about the increased blasting limits be unresolved. 2. The Peak Particle Velocity vibration level of 25 mm/s shall not be exceeded. 3. The agreement does not apply where the property is a heritage property.

JH

During Noted - No blasting planned to occur Closed Noise and Vibration Management Plan Blasting is not permitted – refer RMS R44 /A2

N&VMP - Section 8


C8

Noise, vibration and blasting

operational noise

Unless otherwise agreed to by the Director General, the Proponent shall submit for the approval of the Director General a review of proposed operational noise mitigation measures identified in the documents listed under condition A1 within six months of commencing construction. The review shall take into account the detailed design of the project and, where feasible and reasonable, and where necessary, refine the proposed measures with the objective of meeting the criteria outlined in the Environmental Criteria for Road Traffic Noise (EPA, 1999). The review shall be undertaken in consultation with the DECCW.

RMS & JH

During RMS issued the operational noise review to the department on the 3rd September 2012. Ongoing Noise and Vibration Management Plan

Section 10 Reporting

Part 3A Major Project Approval. CoAs C9


The Proponent shall comply with section 120 of the Protection of the Environment Operations Act 1997, which prohibits the pollution of waters, except as may be expressly provided by an Environment Protection Licence for the project.

JH During noted. EPL 20044 has been granted and the conditions of the licence are being implemented.. Closed Soil and Water MP Section 5 Mitigation and measures agains soil and water impacts.



Where available, and of appropriate chemical and biological quality, the Proponent shall use stormwater, recycled water or other water sources in preference to potable water for construction activities, including concrete mixing and dust control.

JH During Soil and Water management plan currently being implemented Closed Soil and Water Section 7

Appendix A



If the southbound carriageway between Ch 71000 - Ch 72400 is not constructed with an operational road pavement, the surface of the road formation earthworks and fill batters shall be stabilised and/or seeded to prevent soil erosion.

JH During Landscape and Management plan currently being implemented Closed Landscape and Rehabilitation Plan Section 4 Management of Landscaping and Rehabilitation


C12

Hazards & Risks The Proponent shall store and handle all dangerous goods, as defined by the Australian Dangerous Goods Code, strictly in accordance with: (a) all relevant Australian Standards; (b) for liquids, a minimum bund volume requirement of 110% of the volume of the largest single stored volume within the bund; and (c) the DECC's Environment Protection Manual Technical Bulletin Bunding and Spill Management. In the event of an inconsistency between the requirements listed (a) to (c) above, the most stringent requirement shall prevail to the extent of the inconsistency.

JH

During Soil and Water Mangement Plan currently being implemented Closed Soil and Water Management Plan Section 5 Chemical and Hydrocarbon Management


C13

Air Quality The Proponent shall construct the project in a manner that minimises or prevents the emission of dust including wind blown and traffic generated dust, including but not limited to: (a) implementing practical measures for construction vehicles carrying loads; and (b) minimising tracking of material from construction sites onto public roads.

JH

During Air Quality Management Plan currently being implemented Closed Air Quality MP section 7 - Air Quality and Dust


C14 Waste and Spoil

Management All waste and fill materials, whether imported or generated on site, shall be assessed, classified, managed and disposed of in accordance with the Waste Classification Guidelines (DECC, 2008).

JH During Waste Management Plan currently being implemented Closed Waste Management Plan section 4 Waste strategies


C15 Waste and Spoil

Management All waste materials removed from the site shall only be directed to a waste management facility lawfully permitted to accept the materials.

JH During Waste Management Plan currently being implemented Closed Waste Management Plan Section 6


C16

Forestry Impacts Where the project traverses Devils Pulpit State Forest, the Proponent shall: (a) consult with the I&I NSW (Forestry division), including access within the State Forest; (b) consider the use of the timber resource use for harvestable timber; and (c) maintain or provide alternative access of a standard that is at least equivalent to that currently existing and meets relevant road safety standards to enable continued forestry operations, fire management and recreation during both construction and operation.

JH

During Flora and Fauna Plan currently being implemented. Consultation with Forestry has occurred Closed CEMP

Flora and Fauna

a.) table 3.2

a.)management and mitigation measures - pre clearing b.) management and mitigation measures - pre clearing, c.) management and mitigation measures - during clearing


C17

Property Impacts The Proponent shall construct the project in a manner that minimises impacts to properties along the project corridor. In the event that construction of the project results in direct or indirect damage to any such property, the Proponent shall arrange and fund repair of the damage to a standard comparable to that in existence prior to the damage.

JH

During Community Liaison Plan currently being implemented Closed Community Liaison Plan CLP – Section 1.4


Property Impacts The Proponent shall ensure that access to all properties is maintained during construction and operation unless agreed with the property owner in advance and that any access physically affected by the Project is reinstated to at least an equivalent standard.

JH During Community Liaison Plan currently being implemented Closed Quality Management Plan

9 of 18






D1

Riparian Vegetation

The Proponent shall restore and rehabilitate riparian vegetation in and around watercourses affected by the project in consultation with OEH, NOW, I&I NSW and OSEWPC to the satisfaction of the Director General. Restoration and rehabilitation measures shall be developed in consultation with those agencies, including timeframes and reporting on completion of works.

JH

Before Operation

Landscape and Rehabilitation Management plan currently being implemented Closed Lanscaping and Rehabilitation MP LRMP Section 4 - Action 13 & 14


D2

Water Watercourses affected by the proposal shall, where feasible and reasonable, be rehabilitated to emulate a natural stream system. The rehabilitation of watercourses shall be consistent with the Guidelines for Controlled Activities: In-stream Works (OWE, 2008) and stream armouring should be minimised to the greatest extent practicable. JH

Before Operation

Watercourse crossing and culverts have been designed and constructed in consultation with OEH and DPI Fisheries

Closed Lanscaping and Rehabilitation MP LRMP Section 4 - Action 15

Part 3A Major Project Approval. CoAs D3

Operational Environmental Management

Prior to the commencement of operation, the Proponent shall incorporate the project into its existing environmental management systems. RMS

Before Operation

CEMP Closed CEMP Section 1.4, 1.5


Environmental EPL

E1

A.1.1

Protection Li

Noise Auditing

Administrative Conditions

cence

No later than one year after commencement of operation of the project, or as otherwise agreed by the Director General, the Proponent shall undertake operational noise monitoring to compare actual noise performance of the project against noise performance predicted in the review of noise mitigation measures required by condition and prepare an Operational Noise Report. The Report shall include, but not necessarily be limited to: (a) noise monitoring to assess compliance with the operational noise levels predicted in the review of operational noise mitigation measures required under condition and documents specified under condition A1 of this approval; (b) a review of the operational noise levels in terms of criteria and noise goals established in the Environmental Criteria for Road Traffic Noise (EPA, 1999); (c) methodology, location and frequency of noise monitoring undertaken, including monitoring sites at which project noise levels are ascertained, with specific reference to locations indicative of impacts on sensitive receivers; (d) details of any complaints and enquiries received in relation to operational noise generated by the project between the date of commencement of operation and the date the report was prepared; (e) any required recalibrations of the noise model taking into consideration factors such as noise monitoring undertaken and actual traffic numbers and proportions; (f) an assessment of the performance and effectiveness of applied noise mitigation measures together with a review and if necessary, reassessment of all feasible and reasonable mitigation measures; and (g) any additional feasible and reasonable measures to those identified in the review of noise mitigation measures required by condition C8, that would be implemented with the objective of meeting the criteria outlined in the Environmental Criteria for Road Traffic Noise (EPA, 1999), when these measures would be implemented and how their effectiveness would be measured and reported to the Director General and the DECCW. The Proponent shall provide the Director General and the DECCW with a copy of the Operational Noise Report within 60 days of completing the operational noise monitoring referred to a) above, or as otherwise agreed by the Director General.

A1.1 This licence authorises the carrying out of the scheduled activities listed below at the premises specified in A2. The activities are listed according to their scheduled activity classification, fee-based activity classification and the scale of the operation. Unless otherwise further restricted by a condition of this licence, the scale at which the activity is carried out must not exceed the maximum scale specified in this condition. Scheduled Activity Fee Based Activity Scale >0-30000 T extracted, processed or stored Extractive Activities Land-based extractive activity 0 - 10 km constructed, widened or re-routed Road Construction Road construction

RMS

JH

During Operation

during

Monitoring and operational noise reported to be be undertaken by RMS.

Both scheduled activites are current.

Open

Closed EPL 20044 EPL 20044

EPL A.2.1


The licence applies to the following premises :Premises DetailsDEVILS PULPIT PACIFIC HIGHWAY UPGRADE PAIFIC HIGHWAY TABBIMOBLE 2472

JH during Premise details correct. Closed EPL 20044 EPL 20044

EPL

A2.2


In relation to Condition A2.1, the premises is defined asthe clearing limits detailed on the Project Drawings titled "Devils Pulpit Pacific Highway Upgrade Environmental Protection Licence (EPL)Boundaries". A copy of the current drawing (drawing number 111001040) sheets 1 to 9 are part of the Devils Pulpit Environmental Protection Licence application documents received on the 14 October 2011. The application, drawings and supporting documents are filed in Grafton EPA office file LIC11/636 and kept at 49 Victoria Street, Grafton NSW 2460.

JH

during Referenced drawings are the correct set. Hard and electronic copy on site.


EPL

A3.1


Works and activities must be carried out in accordance with the proposal contained in the licence application, except as expressly provided by a condition of this licence. In this condition the reference to "the licence application" includes a reference to: a) the applications for any licences (including former pollution control approvals) which this licence replaces under the Protection of the Environment Operations (Savings and Transitional) Regulation 1998; and b) the licence information form provided by the licensee to the EPA to assist the EPA in connection with the issuing of this licence.

JH

during Conditions of EPL 20044 will be observed throughout construction Orginal and second licesence proposal submissions sent to EPA maintained electronically on site. Variation submission also maintained electronically.


EPL

P1

Discharges to Air and Water and Applications to

Land

The following points referred to in the table are identified in this licence for the purposes of the monitoring and/or the setting of limits for discharges of pollutants to water from the point.

JH

during Noted Closed EPL 20044 EPL 20044

EPL

P1.2


Land

The following utilisation areas referred to in the table below are identified in this licence for the purposes of the monitoring and/or the setting of limits for any application of solids or liquids to the utilisation area.

(see licence for detailed requirements)

JH

during Conditions of EPL 20044 will be observed throughout construction ID1; Identified in the construction sediment basin report ID2. Still active ID3. As per construction sediment basin report


EPL

P1.3


Land

For the purpose of this licence the discharge points referred to at Condition P1.1 and P1.2 of this licence are those from sediment basins identified in Table 2 - Construction Sediment Basin Report as revised and retained on EPA file number LIC11/636. JH

during Conditions of EPL 20044 will be observed throughout construction Basin design based on 'construction sediment basin report' table 2. Table 2 has been updated as variations to basin locations have been approved (18/09/13.)


EPL

P1.4


Land

The licensee, in commissioning a new sediment basin, may only vary the discharge point locations identified in Condition P1.1 and P1.2 if it provides the EPA with a copy of the revised document/s identified at Condition P1.3 of this licence, at least 7 days prior to the commissioning on the premises.

JH

during Conditions of EPL 20044 will be observed throughout construction Variation notices to EPA; 27/04/12 17/05/12


EPL

P1.5


Land

The licensee, in decommissioning an existing sediment basin, may only vary the discharge point locations identified in Condition P1.1 and P1.2 if it provides the EPA with a copy of the revised document/s identified at Condition P1.3 of this licence, at least 21 days prior to the decommissioning on the premises.

JH

during Conditions of EPL 20044 will be observed throughout construction Revised table sighted. See 1.3


EPL L1.1

Limit Conditions Pollution of

Waters

Except as may be expressly provided in any other condition of this licence, the licensee must comply with section 120 of the Protection of the Environment Operations Act 1997. JH

during Conditions of EPL 20044 will be observed throughout construction CEMP references POEO act.

Closed CEMP references POEO act. EPL 20044

EPL L2.1

Limit Conditions Concentration

Limits

For each monitoring/discharge point or utilisation area specified in the table\s below (by a point number), the concentration of a pollutant discharged at that point, or applied to that area, must not exceed the concentration limits specified for that pollutant in the table.

JH during Monitoring is reported through Lotus Notes.

Limits are detailed intable 4 of Soil and Water MP (10/05/13). Water quality discharge forms available for all discharges.

Closed EPL 20044 Limits are detailed intable 4 of Soil and Water MP (10/05/13).

EPL L2.2


Limits

Where a pH quality limit is specified in the table, the specified percentage of samples must be within the specified ranges. JH

during Monitoring is reported through Lotus Notes. Limits are detailed intable 4 of Soil and Water MP (10/05/13). Water quality discharge forms available for all discharges.


10 of 18





EPL L2.3


Limits

To avoid any doubt, this condition does not authorise the pollution of waters by any pollutant other than those specified in the table\s. JH



EPL L2.4


Limits

Water and/or Land Concentration Limits (see licence for detailed requirements) JH



EPL

L2.5


Limits

Exceeding the limits specified in Condition L2.4 of this licence for pH and total suspended solids (TSS) for discharges from the sediment basins identified by Conditions P1.1 and P1.2 is only permitted when the discharge occurs solely as a result of rainfall measured at the premises. The rainfall must exceed the 5 day rainfall depth value for the corresponding discharge point in the table below over a consecutive 5 day period for discharge to be considered to occur solely as a result of rainfall.


JH

during Rainfall records are taken from weather station at Tabbimoble and rain-gauge at site compound. Rainfall volumes tracked in spreadsheet. 5 day rainfall design; 47mm 5 day rainfall design, 64mm (tabimobil) Sediment basin evaluation reports conducted during preiods of high rainfall.


EPL

L2.6


Limits

Exceeding the limits specified in Condition L2.4 of this licence for pH and total suspended solids (TSS) for discharges from the sediment basins identified as Culvert 3 at Conditions P1.1 and P1.2 is only permitted when the discharge occurs solely as a result of rainfall at the premises. For Culvert 3 only, the rainfall must exceed the 2 day rainfall depth value for the correspondingn disharge point in the table below over a consecutive 2 day period for discharge to be considered to occur solely as a result of rainfall.


JH

during Rainfall records are taken from weather station at Tabbimoble and rain-gauge at site compound. Rainfall volumes tracked in spreadsheet. 5 day rainfall design; 47mm 5 day rainfall design, 64mm (tabimobil) Sediment basin evaluation reports conducted during preiods of high rainfall.


EPL

L2.7


Limits

If the licensee uses turbidity (NTU) in place of TSS to determine compliance with Condition L2.4, the licensee must develop a statistical correlation which identifies the relationship between NTU and TSS for water quality in the sediment basin/s in order to determine the NTU equivalent of 50 mg/L TSS before its use.

JH

during NTU not used as a measure for discharge critera Closed EPL 20044 EPL 20044

EPL L2.8


Limits

The licensee must provide the EPA with a copy of the statistical correlation assessment methodology and results before using NTU in place of TSS. JH


EPL L2.9


Limits

The licensee must develop and implement a method to enable the ongoing verification of the relationship between NTU and TSS. JH


L2.10 Limit Conditions

Concentration Limits

The licensee must provide the EPA with any amendments the licensee makes to the statistical correlation as a result of the ongoing verification required by Condition L2.7 before using the revised statistical correlation.

JH during NTU not used as a measure for discharge critera Closed EPL 20044 EPL 20044

L2.11


Limits

If the licensee uses a Turbidity Meter in place of analytical analysis to determine total suspended solids (TSS) compliance with Condition 2.4, the licensee must develop a statistical correlation which identifies the relationship between the TSS results obtained from the Turbidity Meter and TSS results obtained from a NATA accredited laboratory prior to using the Turbidity Meter

JH

during Statistical analysis for compliance undertaken and accepted as method for measure. Meter and laboratory correlation provided to RMS and accepted (15/06/12)




The licensee must provide the EPA with a copy of the TSS statistical correlation assessment methodology and results before using the Turbidity Meter in place of NATA accredited laboratory analysis. JH

during Statistical analysis for compliance undertaken and accepted as method for measure. Meter and laboratory correlation provided to RMS and accepted (15/06/12)




The licensee must develop and implement a method to enable ongoing verification of the correlation between the TSS results obtained from the Turbidity Meter and TSS results obtained from a NATA accredited laboratory JH

during Ongoing correlation conducted to confirm correlation between on site meter and NATA lab. Closed EPL 20044 EPL 20044



The licensee must provide the EPA with any amendments the licensee makes to the statistical correlation as a result of the ongoing verification required by Condition L2.13 before using the revised statistical correlation.

JH during noted as above. Ongoing correlation consistent, no revision required. Closed EPL 20044 EPL 20044

EPL L3.1

Limit Conditions Blasting

The overpressure level from blasting operations at the premises must not exceed 120dB (Lin Peak) at any time. Error margins associated with any monitoring equipment used to measure this are not to be taken into account in determining whether or not the limit has been exceeded.

JH during no blasting to occur Closed N/A EPL 20044

EPL

L3.2


The overpressure level from blasting operations at the premises must not exceed 115dB (LinPeak) for more than five per cent of the total number of blasts over each reporting period. Error margins associated with any monitoring equipment used to measure this are not to be taken into account in determining whether or not the limit has been exceeded.

JH

during no blasting to occur Closed N/A EPL 20044

EPL

L3.3


Ground vibration peak particle velocity from the blasting operations at the premises must not exceed 10mm/sec at any time. Error margins associated with any monitoring equipment used to measure this are not to be taken into account in determining whether or not the limit has been exceeded.

JH


EPL

L3.4


Ground vibration peak particle velocity from the blasting operations at the premises must not exceed 5mm/sec for more than five per cent of the total number of blasts over each reporting period. Error margins associated with any monitoring equipment used to measure this are not to be taken into account in determining whether or not the limit has been exceeded.

JH


EPL

L3.5


To determine compliance with condition(s) L3.1 and L3.3a) Airblast overpressure and ground vibration levels must be measured and electronically recorded at the most affected residence or noise sensitive location that is not owned by the licensee or subject to a private agreement between the owner of the premises or noise sensitive location and the licensee for all blasts carried out in or on the premises; and b) Instrumentation used to measure the airblast overpressure and ground vibration levels must meet the requirements of Australian Standard AS 2187.2-2006.

JH


EPL

L4.1

Limit Conditions Hours of

Operation

Standard construction hours Unless otherwise specified by any other condition of this licence, all construction activities are: a) restricted to between the hours of 7:00am and 6:00pm Monday to Friday; b) restricted to between the hours of 8:00am and 1:00pm Saturday; and c) not to be undertaken on Sundays or Public Holidays.

JH

during Standard hours nominated in EPL included in site induction (13/11/13) and Noise and Vibration MP (30/05/13) section 4.1.

Closed EPL 20044 Noise and Vibration MP (30/05/13) section 4.1.

EPL

L4.2


Operation

Exemptions to standard construction hours The three categories of works that may be undertaken outside the standard hours of operation permitted by Condition L4.1 are: a) the delivery of oversized plant or structures that police or other authorised authorities determine require special arrangements to transport along public roads; b) emergency work to avoid the loss of lives or property, or to prevent environmental harm; c) works that are not more than 5 dB(A) over the rating background level at the nearest noise sensitive receiver as assessed by acoustic investigation. The licensee must notify the EPA via a quarterly forecast prior to the undeRMSking of any works referred to in Condition L4.2 as well as providing the EPA with a copy of the results of any acoustic investigation made in relation to Condition L4.2 c) to be reported as per condition R4.1.

JH

during No works outside of 4.1 or 4.3 requirements. Closed EPL 20044 EPL 20044

EPL

L4.3


Operation

Works agreed outside of standard construction hours The licensee may undertake works outside of standard construction hours if agreement between the licensee and representatives of potentially affected noise sensitive receivers has been reached. Any agreement(s) between the licensee and the potentially affected noise sensitive receivers must be recorded in writing and a copy of the agreement(s) kept on the premises by the licensee for the duration of this licence.

JH

during Agreements in place with potential sensitive recievers: Written agreements in place with 3 local residents allowing works outside of standard hours; David Guest (30/03/12), David Turner, and Ian Burton.


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EPL

L4.4


Operation

The licensee must notify, by letterbox drop and by detailing works on the project website, potentially affected noise sensitive receivers of the timing and duration of work agreed to under Condition L4.3 at least 48 hours prior to that work commencing. A copy of the notification must be kept by the licensee and made available to the EPA on request. Note: where no project website currently exists, a website for this purpose must be created.

JH

during Letter box drops have been undertaken as required. Closed EPL 20044 EPL 20044

EPL

L4.5


Operation

Blasting hours Blasting operations at the premises may only take place between 9:00am and 5:00pm Monday to Friday and 9:00am and 1:00pm Saturday. (Where compelling safety reasons exist, the EPA may permit a blast to occur outside the above hours. A prior written request for approval of any such blast must be made to the EPA).

JH


EPL

L4.6


Operation

Work generating high noise impact Any work generating high noise impact, excluding blasting operations covered in Condition O3.5, must only be undertaken: a) between the hours of 8:00am and 6:00pm Monday to Friday; b) between the hours of 8:00am and 1:00pm Saturday; and c) in continuous blocks of no more than 3 hours, with at least a 1 hour respite between each block of work generating high noise impact, where the location of the work is likely to impact the same receivers; except as expressly permitted by another condition of this licence. For the purposes of this Condition ‘continuous’ includes any period during which there is less than a 1 hour respite between ceasing and recommencing any of the work the subject of this Condition.

JH

during piling works was only potential high noise impact work. Initial testing and during work monitoring indicated that the piling works did not generate high noise impact. Noise and Vibration MP table 4 includes the requirements from L4.6.

Closed EPL 20044 Noise and Vibration MP table 4 includes the requirements from L4.6.

EPL

O1.1

Operating Conditions

Licensed activities must be carried out in a competent manner. This includes: a) the processing, handling, movement and storage of materials and substances used to carry out the activity; and b) the treatment, storage, processing, reprocessing, transport and disposal of waste generated by the activity.

JH

during Traffic Management Plan and Quality Management Plan - ITP's Waste tracking through project pack, soil and water management plan, waste management plan. Waste classification in accordance with the waste classification guidelines Dangerous good training conducted for employee handling refueling.

Closed EPL 20044 a) Soil and Water MP (09/05/13) and b) Waste Management Plan (19/08/13).

EPL O2.1


All plant and equipment installed at the premises or used in connection with the licensed activity: a) must be maintained in a proper and efficient condition; and b) must be operated in a proper and efficient manner.

JH during Plant hazard assessments, Plant maintenance records, Verification of Competency, Erosion and Sediment

Control Plans, Environmental inspections, soil and water management plan. Closed EPL 20044 EPL 20044

EPL O3.1


All operations and activities occurring at the premises must be carried out in a manner that will minimise the generation and emission of dust from the premises.

JH during Air Quality Management Plan (27/05/13) details dust mitigation measures.

Dust monitoring records maintained electronically. One exceedence attributed to other activities. Closed EPL 20044 Air Quality Management Plan (27/05/13)

EPL O4.1


All works must be carried out in accordance with the "Interim Construction Noise Guideline", DECC July 2009 to minimise the emission of noise and vibration from the premises.

JH during noise and vibration management plan, initial noise and vibration assessment undetaken by Hyder. Closed EPL 20044 Noise and Vibration MP (30/05/13) references in accordane with 'Interim

Construction Noise Guidelines' and mitigations measures. EPL

O4.2 Operating Conditions

The licensee must maximise the diversion of run-on waters from lands upslope and around the site whilst land disturbance activities are being undertaken.

JH during clean water diversions, prompt installation of drainage works. Perimeter bunds during early works, Soil and

Water Management plan Closed EPL 20044 Soil and Water management plan.

EPL O4.3


The licensee must maximise the diversion of stormwater runoff containing suspended solids to sediment basins installed on the premises.

JH during Soil and Water management plan, sediment basins installed. Closed EPL 20044 Soil and Water management plan.

EPL O4.4


The drainage from all areas that will mobilise suspended solids when stormwater runs over these areas must be controlled and diverted through appropriate erosion and sediment control measures.

JH during ESCP's, erosion and sediment controls, Soil and Water management plan Closed EPL 20044 Soil and Water management plan.

EPL O4.5


The licensee must minimise the area of the site that is able to generate suspended material when water runs over it.

JH during Staged works, minimisation of clearing, progressive rehabilitation of disturbed areas. Closed EPL 20044 Soil and Water management plan.

EPL

O4.6


Unless otherwise approved in writing by the EPA, where sediment basins are necessary, all sediment basins and associated drainage must be installed and commissioned prior to the commencement of any grubbing works within the catchment area of the sediment basin that may cause sediment to leave the site. Note: This condition does not apply to those works associated with the actual installation of sediment basins or associated drainage.

JH

during Where possible sediment basins were constructed prior to clearing. AMS-004 Clearing and Grubbing (10/7/12) details staging of works, incorporporating installation of ERSED controls prior to grubbing.

Closed EPL 20044 AMS-004 Clearing and Grubbing (10/7/12)

EPL

O4.7


The sediment basins and other erosion and sediment controls must be planned, designed (stability, location, type and size), constructed, operated and maintained in accordance with the guideline “Managing Urban Stormwater – Soils and Construction, Volume 2D, Main road construction” DECC 2008, to be read and used in conjunction with volume 1 “Managing urban stormwater: soils and construction” Landcom 2006.

JH

during Basins installed as per Soil and Water MP (09/05/13) and ESCP's which reference Landcom 2004 requirements.

Closed EPL 20044 Soil and Water management plan.

EPL

O4.8


With the singular exception of the sediment basin identified as "Culvert 3", the licensee must ensure the design storage capacity of the sediment basins installed on the premises is reinstated within 5 days of the cessation of a rainfall event that causes runoff to occur on or from the premises. For Culvert 3 the licensee must ensure the design storage capacity of the basin installed on the premises is reinstated within 2 days of the cessation of a rainfall event that causes runoff to occur on or from the premises

JH

during Soil and Water MP details basin discharge requirements within 5 days and 2 day discharge requirement for culvert 3. Dischrge monitoring forms maintained on site for all discharges.


EPL

O4.9


The licensee must ensure that sampling point(s) for water discharged from the sediment basin(s) are provided and maintained in an appropriate condition to permit: a) the clear identification of each sediment basin and discharge point; b) the collection of representative samples of the water discharged from the sediment basin(s); and c) access to the sampling point(s) at all times by an authorised officer of the EPA.

JH

during Basins are discharged within the listed critera. Where this has not been possible, EPA has been notified. Access to sampling points provided through steps or spillways.


EPL O4.10


The licensee must endeavour to maximise the reuse of captured stormwater on the premises. Water re-used for dust suppression.

JH during Where possible within the requirements of 04.9, captured stormwater has been re-used for dust suppression

and construction Closed EPL 20044 Soil and Water management plan.

EPL M1.1

Monitoring and Recording Conditions

The results of any monitoring required to be conducted by this licence or a load calculation protocol must be recorded and retained as set out in this condition. JH

during reported as POEO monthly report through Lotus Notes. Closed EPL 20044 EPL 20044

EPL

M1.2


All records required to be kept by this licence must be: a) in a legible form, or in a form that can readily be reduced to a legible form; b) kept for at least 4 years after the monitoring or event to which they relate took place; and c) produced in a legible form to any authorised officer of the EPA who asks to see them.

JH

during Records on Lotus Notes will be provided as required. Closed EPL 20044 EPL 20044

EPL

M1.3


The following records must be kept in respect of any samples required to be collected for the purposes of this licence: a) the date(s) on which the sample was taken; b) the time(s) at which the sample was collected; c) the point at which the sample was taken; and d) the name of the person who collected the sample.

JH

during Records maintained Lotus Notes, including date, time, person and location of sample. Closed EPL 20044 EPL 20044

EPL

M2.1


For each monitoring/discharge point or utilisation area specified below (by a point number), the licensee must monitor (by sampling and obtaining results by analysis) the concentration of each pollutant specified in Column 1. The licensee must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns:

JH

during Evidenced by discharge forms. Closed EPL 20044 EPL 20044

EPL M2.2


Water and/ or Land Monitoring Requirements (see licence for details) JH

during noted. Closed EPL 20044 EPL 20044

EPL

M3.1


Subject to any express provision to the contrary in this licence, monitoring for the concentration of a pollutant discharged to waters or applied to a utilisation area must be done in accordance with the Approved Methods Publication unless another method has been approved by the EPA in writing before any tests are conducted.

JH

during TSS Meter approved by EPA and included in variation no1509956 Closed EPL 20044 EPL 20044

12 of 18





EPL M4.1


Rainfall at the premises must be measured and recorded in millimetres per 24 hour period at the same time each day from the time that the site office associated with the activities permitted by this licence is established.

JH during Rainfall records are taken from weather station at Tabbimoble and rain-gauge at site compound.

Rainfall data register maintained electronically on site. Closed EPL 20044 EPL 20044

EPL M4.2


The rainfall monitoring data collected in compliance with Condition M5.1 can be used to determine compliance with Condition L2.5. JH

during noted. Closed EPL 20044 EPL 20044

EPL M5.1


The licensee must keep a legible record of all complaints made to the licensee or any employee or agent of the licensee in relation to pollution arising from any activity to which this licence applies.

JH during complaints records on Lotus Notes.

No complaints received to date relating to pollution. Complaints procedure in place if required.


EPL

M5.2


The record must include details of the following: a) the date and time of the complaint; b) the method by which the complaint was made; c) any personal details of the complainant which were provided by the complainant or, if no such details were provided, a note to that effect; d) the nature of the complaint; e) the action taken by the licensee in relation to the complaint, including any follow-up contact with the complainant; and f) if no action was taken by the licensee, the reasons why no action was taken.

JH

during Noted - No complaints received to date relating to pollution. Closed EPL 20044 EPL 20044

EPL M5.3


The record of a complaint must be kept for at least 4 years after the complaint was made. JH

during Noted - No complaints received to date relating to pollution. Closed EPL 20044 EPL 20044

EPL M5.4


The record must be produced to any authorised officer of the EPA who asks to see them. JH

during Noted - as required. Closed EPL 20044 EPL 20044

EPL M6.1


The licensee must operate during its operating hours a telephone complaints line for the purpose of receiving any complaints from members of the public in relation to activities conducted at the premises or by the vehicle or mobile plant, unless otherwise specified in the licence.

JH during community hotline in place and advertised on road signs and on website

24 hrs complaints line maintained. 1800 639 842. Closed EPL 20044 EPL 20044

EPL M6.2


The licensee must notify the public of the complaints line telephone number and the fact that it is a complaints line so that the impacted community knows how to make a complaint. JH

during advertised. Phone number displayed on site signage and RMS project website. Included in letter box drop information.


EPL

M6.3


The preceding two conditions do not apply until 3 months after a) the date of the issue of this licence or b) if this licence is a replacement licence within the meaning of the Protection of the Environment Operations (Savings and Transitional) Regulation 1998, the date on which a copy of the licence was served on the licensee under clause 10 of that regulation. Note: where no project website currently exists, a website for this purpose must be created.

JH

during noted. Complaints hotline in place at commencement of construction Closed EPL 20044 EPL 20044

EPL

M6.4


Prior to the commencement of the licensed activity, the licensee must ensure the project’s website provides ready access to clear and concise information about: a) how to make a complaint on the telephone complaints line referred to in Condition M7.1; and b) how complaints on the telephone complaints line will be processed.

JH

during website has been established and the approved documents have been added Contacts details included on RMS project website.


EPL

M6.5


In response to any noise or vibration complaint made by any person/s or bodies other than the EPA, the licensee must: a) investigate the complaint within 2 hours of the complaint being received or within the timeframe agreed with the complainant; b) offer to attend the complainant’s premises to undertake noise or vibration monitoring at the complainant’s premises as soon as is practical, or at a time agreed with the complainant; and c) advise the complainant of the results of the investigation and any proposed remedial action.

JH

during will occur in accordance with community liaison plan No Noise and Vibration complaints to date.


EPL M6.6


In response to any complaint referred by the EPA to the licensee, the licensee must respond to the referred complaint in a manner and timeframe specified by the EPA. JH

during will occur as required. No Noise and Vibration complaints to date.


EPL M7.1


Noise monitoring must be carried out in accordance with Australian Standard AS 2659.1 – 1998: Guide to the use of sound measuring equipment – Portable sound level meters, and the compliance monitoring guidance provided in the NSW Industrial Noise Policy.

JH during monitoring in accordance with the noise and vibration monitoring plan Closed EPL 20044 Nosie and vibration monitoring plan

EPL M7.2


Vibration monitoring must be carried out in accordance with the guidance provided in the Environmental Noise Management Assessing Vibration: A Technical Guideline, published by the Department of Environment and Conservation, February 2006.

JH during monitoriing in accordance with the nosie and vibration monitoring plan Closed EPL 20044 Nosie and vibration monitoring plan

EPL M7.3


The licensee must undertake noise and vibration monitoring as directed by an authorised officer of the EPA. JH

during will occur as required. Closed EPL 20044 Nosie and vibration monitoring plan

EPL

M7.4


All erosion and sediment control measures installed on the premises must be inspected and works undertaken to repair and/or maintain these controls: a) Weekly during normal construction hours outlined in Condition L4.1; b) daily during periods of rainfall; and c) within 24 hours of the cessation of a rainfall event causing runoff to occur on or from the premises. The licensee must record all such inspections including observations and works undertaken to repair and/or maintain erosion and sediment controls.

JH

during Inspection reports are kept on Lotus Notes Project Pack. Soil and Water management plan details inspection requirements.

Closed EPL 20044 Soil and Water management plan

EPL

R1.1

Reporting Conditions

Annual Return

The licensee must complete and supply to the EPA an Annual Return in the approved form comprising: a) a Statement of Compliance; and b) a Monitoring and Complaints Summary. At the end of each reporting period, the EPA will provide to the licensee a copy of the form that must be completed and returned to the EPA.

JH

during Annual return was submitted on the 14.02.2013 and 14.02.2014. Closed EPL 20044 EPL 20044

EPL R1.2


Annual Return

An Annual Return must be prepared in respect of each reporting period, except as provided below. Note: The term "reporting period" is defined in the dictionary at the end of this licence. Do not complete the Annual Return until after the end of the reporting period.

JH during noted Closed EPL 20044 EPL 20044

EPL

R1.3


Annual Return

Where this licence is transferred from the licensee to a new licensee: a) the transferring licensee must prepare an Annual Return for the period commencing on the first day of the reporting period and ending on the date the application for the transfer of the licence to the new licensee is granted; and b) the new licensee must prepare an Annual Return for the period commencing on the date the application for the transfer of the licence is granted and ending on the last day of the reporting period. Note: An application to transfer a licence must be made in the approved form for this purpose.

JH

during not applicable Closed EPL 20044 EPL 20044

EPL

R1.4


Annual Return

Where this licence is surrendered by the licensee or revoked by the EPA or Minister, the licensee must prepare an Annual Return in respect of the period commencing on the first day of the reporting period and ending on: a) in relation to the surrender of a licence - the date when notice in writing of approval of the surrender is given; or b) in relation to the revocation of the licence - the date from which notice revoking the licence operates.

JH

during To be completed at end of project Open EPL 20044 EPL 20044

EPL R1.5


Annual Return

The Annual Return for the reporting period must be supplied to the EPA by registered post not later than 60 days after the end of each reporting period or in the case of a transferring licence not later than 60 days after the date the transfer was granted (the 'due date').


EPL R1.6


Annual Return

The licensee must retain a copy of the Annual Return supplied to the EPA for a period of at least 4 years after the Annual Return was due to be supplied to the EPA. JH

during Stored with project records Closed EPL 20044 EPL 20044

13 of 18





EPL

R1.7


Annual Return

Within the Annual Return, the Statement of Compliance must be certified and the Monitoring and Complaints Summary must be signed by: a) the licence holder; or b) by a person approved in writing by the EPA to sign on behalf of the licence holder.

JH

during noted Closed EPL 20044 EPL 20044

EPL R1.8


Annual Return

A person who has been given written approval to certify a certificate of compliance under a licence issued under the Pollution Control Act 1970 is taken to be approved for the purpose of this condition until the date of first review of this licence.


EPL

R1.9


Annual Return

The licensee must provide the EPA with a monthly report containing the following information: a) details of all non-compliances with the conditions of this licence and measures taken, or proposed, to prevent a recurrence of such a non-compliance; and b) details of all discharges from the sediment basins where the water quality results exceed the limits prescribed by Condition L2.4 including the results of rainfall measurements to demonstrate compliance with Condition L2.5; c) details of the results of any acoustic investigation made in relation to condition L4.2 c) ; and The report referred to in this condition must be received by the EPA within 10 working days of the end of each month.

JH

during Monthly report issued to local officer Closed EPL 20044 EPL 20044

EPL

R2.1


Notification of Environmental

Harm

Notifications must be made by telephoning the Environment Line service on 131 555. Note: The licensee or its employees must notify the EPA of incidents causing or threatening material harm to the environment immediately after the person becomes aware of the incident in accordance with the requirements of Part 5.7 of the Act.

JH

during Requirement included in ERP/PIRMP. Closed EPL 20044 ERP/PIRMP

EPL

R2.2


Notification of Environmental

Harm

The licensee must provide written details of the notification to the EPA within 7 days of the date on which the incident occurred.

JH

during EPA written notification requirements detailed in CEMP. Closed EPL 20044 ERP/PIRMP

EPL

R3.1


Written Report

Where an authorised officer of the EPA suspects on reasonable grounds that: a) where this licence applies to premises, an event has occurred at the premises; or b) where this licence applies to vehicles or mobile plant, an event has occurred in connection with the carrying out of the activities authorised by this licence, and the event has caused, is causing or is likely to cause material harm to the environment (whether the harm occurs on or off premises to which the licence applies), the authorised officer may request a written report of the event.

JH

during noted, on request Closed EPL 20044 EPL 20044

EPL R3.2


Written Report

The licensee must make all reasonable inquiries in relation to the event and supply the report to the EPA within such time as may be specified in the request. JH


EPL

R3.3


Written Report

The request may require a report which includes any or all of the following information: a) the cause, time and duration of the event; b) the type, volume and concentration of every pollutant discharged as a result of the event; c) the name, address and business hours telephone number of employees or agents of the licensee, or a specified class of them, who witnessed the event; d) the name, address and business hours telephone number of every other person (of whom the licensee is aware) who witnessed the event, unless the licensee has been unable to obtain that information after making reasonable effort; e) action taken by the licensee in relation to the event, including any follow-up contact with any complainants; f) details of any measure taken or proposed to be taken to prevent or mitigate against a recurrence of such an event; and g) any other relevant matters.

JH


EPL R3.4


Written Report

The EPA may make a written request for further details in relation to any of the above matters if it is not satisfied with the report provided by the licensee. The licensee must provide such further details to the EPA within the time specified in the request.

JH during noted, on request Closed EPL 20044 EPL 20044

EPL G1.1

General Conditions

A copy of this licence must be kept at the premises to which the licence applies. JH

during hard copy in Environmental Managers office Closed EPL 20044 EPL 20044

EPL G1.2

General Conditions

The licence must be produced to any authorised officer of the EPA who asks to see it. JH


EPL

G1.3

General Conditions

The licence must be available for inspection by any employee or agent of the licensee working at the premises. Note: Condition G1.1 above only applies from the time that the site office associated with the activities permitted by this licence is established. JH

during Noted. Available to all. Closed EPL 20044 EPL 20044

EPL

G2.1

General Conditions

The licensee must provide the EPA with up to date contact details to enable the EPA: a) to contact either the licensee or a representative of the licensee who can respond at all times to incidents relating to the premises, and b) to contact the licensee's senior employees or agents authorised at all times to: i) speak on behalf of the licensee, and ii) provide any information or document required under licence.

JH

during contact details provided and updated through local officer as required. Closed EPL 20044 EPL 20044

EPL

G2.2

General Conditions

The contact details required by Condition G2.1 above must include: a) the full name and title of the authorised representatives and the scope of their respective authorisations; and b) the direct telephone number, mobile number, pager number, fax number, email address and postal address for contacting each authorised representative.

JH

during as above Closed EPL 20044 EPL 20044

EPL

E1.1

Special Conditions - Special Area

Conditions

The special area is indentified as the land forming the catchment of Tabbimobile Floodway number 2 and Tabbimobile Floodway number 3. The catchment area may change during the project as bulk earthworks progress. JH

during noted Closed EPL 20044 EPL 20044

EPL

E1.2


Conditions

The licensee must implement a water management hierarchy which maximises reuse of basin water for dust suppression and other onsite purposes, and then allows for irrigation of any remainder/excess water to land in a manner that does not impact the waters in the special area JH

during Soil and Water management plan. Closed EPL 20044 Soil and Water management plan.

EPL

E1.3


Conditions

There must be no release to waters from sediment basins located in the indentified "special area" which includes the catchments of Tabbimobile 2 and Tabbimobile 3 floodways except when the design 5 day 90th percentile rainfall event is exceeded. JH

during no release to waters to date. Soil and Water management and ESCP's Closed EPL 20044 Soil and Water management plan.

EPL

E1.4


Conditions

Water released to land through the approved irrigation system must be manged so that: 1) Water is not irrigated within 50m of Tabbimobile Floodway number 2 or Tabbimobile Floodway number 3; 2) Water is irrigated in a manner which maximises evaporation and infiltration and does not result in water flowing from the irrigation area into any waters.

JH

during Irrigation to land currently being managed as per special area discharge monitoring proceedure. Closed EPL 20044 Soil and Water management plan.

EPL

E1.5


Conditions

The approved irrigation areas for sediment basins 12, 13 and 14 which are identified in Table 2 of the John Holland Construction Sediment Basin Report dated 12 August 2011 are shown in on sheets number 5 and 6 of the john Holland Pacific Highway Upgrade Devils Pulpit Environmental Protection Licence (EPL) Boundaries plans dated 1 June 2011, which is kept on file LIC11/636 for this premises at the EPA's Grafton office, 49 Victoria Street Grafton NSW 2460.

JH

during Conditions of EPL 20044 will be observed throughout construction Closed EPL 20044 Soil and Water management plan.

EPL

E1.6


Conditions

Develop appropriate procedures for the opperation and mangement of the land utilisation area for the irrigation of water from basins 12 (WBQ-05), 13 (WBQ-06) and 14 (WBQ-07), and have these approved by the EPA prior to commencing irrigation. JH

during Conditions of EPL 20044 will be observed throughout construction. Irrigation procedure developed and approved.


14 of 18





EPL

E1.7


Conditions

Any mulch used on the site must be used and managed in accordance with the Tannin Leachate Management Procedure located in Appendix F of the John Holland Soil and Water Management Plan dated 26 September 2011 or a more recent version approved by the EPA. JH

during Conditions of EPL 20044 will be observed throughout construction. Mulch managed in accordance with tanning leachate procedure.


EPL

E1.8


Conditions

Any Acid Suphate Soils or Actual Acid Sulphate Soils will be managed in accordance with the Acid Sulphate Soil Management Procedure located in Appendix G of the John Holland Soil and Water Mangement Plan dated 26 September 2011 or a more recent version approved by the EPA. JH

during IF reuiqred. Conditions of EPL 20044 will be observed throughout construction


EPL

Part 5 ConditioPart 5 CoA

E2.1

1.3

ns of A

Special Conditions - Special

Dictionary


pproval (app

E2.1 In this Licence, unless the contrary is indicated, the terms below have the following meaning:

Environmentally Sensitive Area mapping highlighting all environmental constraints for the project shall be prepared and be available for any early works, construction and operation

licable to Northern Widening section)

JH

JH

during

During

Noted.

SEP's have been developed for each section of works

Closed

Closed

EPL 20044

CEMP

EPL 20044

section 2.8

Part 5 CoA 4.1


All necessary approvals, permits and licences required by NSW legislation shall be obtained prior to construction commencing, These approvals, permits and licences shall be maintained and complied with. JH

Before Approvals permits and licences required have been obtained and are currently bring maintained and complied with

Closed CEMP Table 2.2

Part 5 CoA

4.3


Where the project traverses Tabbimoble State Forest, the Proponent shall: (a) consult with the I&I NSW (Forestry division), including access within the State Forest; (b) consider the use of the timber resource use for harvestable timber, and (c) maintain or provide alternative access of a standard that is at least equivalent to that currently existing and meets relevant road safety standards to enable continued forestry operations, fire management and recreation during both construction and operation.

JH

Before Evidence of consultaiton for areas throughout the project Closed CEMP Table 3.2

Part 5 CoA

5.1

Community Liaison

A Construction Complaints Management System shall be implemented consistent with AS 4269 "Complaints Handling" before construction commences and maintained for the duration of construction. Prior to the commencement of construction of the project. the following information shall be available for community complaints and enquiries for the duration of construction: i. A 24 hr telephone number on which complaints and enquiries about the project may be registered. ii. A postal address to which written complaints and enquires maybe sent iii. An email address to which electronic complaints and enquiries may be transmitted.

JH

Before This has been addressed in the community liason plan Closed CEMP




Part 5 CoA

5.2

Community Liaison

The telephone number, the postal address and the email address shall be published in a newspaper circulating in the local area prior to the commencement of construction and prior to the commencement of operation of the project. This information shall also be provided on the Project's website. A register of public complaints shall be established at time of construction commencing and maintained for the full duration of construction. The register shall record details of complaints, complainant contact information and action taken to address complaints

JH

Before Community Liaison Plan currently being implemented. Publishing of information through RMS Closed CEMP




Part 5 CoA 5.3

Community Liaison

A project website shall be established and maintained for the provision of electronic information associated with the project. The Project shall publish and maintain up-to-date information on the website. JH

Before Website has been established and the approved documents have been added Closed Community Liaison Plan 1.5 Project Approval and Plans 2.6 Community notification

Part 5 CoA

5.4

Community Liaison

A community information plan shall be developed in consultation with the Pacific Highway Office, the plan shall include measures to inform the community of construction activities, and how nearby residents and affected businesses will be consulted to help minimise the impact of construction activities during the construction phase.

RMS & JH Before Community liaison plan has been developed Closed Community Liaison Plan, 2.6 Communication and Publication Material

Part 5 CoA

6.1


Prior to the commencement of construction of the project or each stage of the project, a Construction Environmental Management Plan (CEMP) shall be prepared, in consultation with the RMS, relevant Government Departments and Council, to outline environmental management practices and procedures to be followed during construction of the project. The CEMP shall be developed incorporating the mitigation measures identified in the REF and these Conditions of Approval, specifications and any licences, permits or approvals. The CEMP shall address RMS specification requirements and be reviewed by the RMS Environmental Services Manager Pacific Highway prior to the commencement of any slte works. The CEMP can be incorporated into the Devils Pulpit CEMP.

JH

Before This has been prepared in consultation with the agencies listed and has been approved Closed CEMP Section 1.4, 1.5

Part 5 CoA

6.2


The Construction Environment Management Plan for the project shall include, but not be limited to, the following sub plan(s): • Flora and Fauna Management Plan • Construction Noise and Vibration Management Plan • Soil and Water Management Plan • Heritage Management Plan Tannin leachate management protocol

JH

Before This has been prepared in consultation with the agencies listed and has been approved Closed CEMP Section 1.4, 1.5

Part 5 CoA 7.1


Regular and routine environmental inspections by RMS environmental staff shall be undertaken in accordance with the agreed PHO process.

JH during Currently being implemented Closed CEMP Section 5.1.3

Part 5 CoA

7.2


An environmental auditing program for the project, including systems and compliance audits, shall be implemented in accordance with RMS auditing policy and guidelines and be included in the Construction EMP. An electronic copy of all environmental audits shall be forwarded to the RMS Environmental Services Manager Pacific Highway, after each audit.

JH

Before Included in CEMP. Closed CEMP Section 5.2

Part 5 CoA 8.1


An environmental induction program shall be developed for the project that sufficiently details all site environmental issues.

JH Before Environmental component of site Induction developed and presented to all staff. Closed CEMP Section 3.2.1

Part 5 CoA 8.2


Toolbox training on new issues/ issues of concern/ near misses and other matters shall also be adopted to inform construction staff on developments in environmental matters.

JH during Toolboxes held weekly and additionally for specific aspects Closed CEMP Section 3.2.1

Part 5 CoA 8.3


Detailed environmental training shall be provided on more major environmental issues to required personnel, including erosion and sediment training to site personnel involved on erosion and sediment control. JH

during Detailed training and Blue Book training has occurred for relevant staff. Closed CEMP Section 3.2

Part 5 CoA 8.4


A register of environmental awareness training shall be established and maintained at the construction site. The register shall contain details of the type of training, personnel trained, training dates and names qualifications of the trainer.

JH during Register is populated as training occurs Closed CEMP Section 3.2

Part 5 CoA 8.5


Training and the register of environmental awareness training shall be reviewed every 6 months to ascertain the need for further training.

JH during 6 month audit of training occurred until training gap analysis addressed Closed CEMP Section 3.2

Part 5 CoA

9.1


An environmental" incident procedure for handling all environmental incidents shall be developed as part of the CEMP and include reporting requirements to RMS, reporting to regulatory authorities, learning from environmental incidents and environmental incident avoidance training. The environmental incident procedure shall address current RMS requirements in regards to environmental incident management.

JH

Before Included in the CEMP Closed CEMP Section 3.5

Part 5 CoA

10.1


Any proposed ancillary sites including batch plants, compounds, offices and stockpiles shall be determined and assessed by further environmental assessment during the detailed design and construction phases. Wherever possible, impacts from these sites shall be minimised. The location of the approved ancillary facilities shall be identified in the CEMP, possibly using a Work Method Statement or appropriate procedure.

JH

Before Consistancy assesment has been undertaken to assess compliance with conditions, approved by independent environmental representative

Closed CEMP CEMP – Section 2.2, 4.1.3, Appendices F & G

15 of 18





Part 5 CoA

10.2


Unless otherwise approved by the RMS Environmental Services Manager, the sites for ancillary facilities associated with the construction of the project shall: (a) be located more than 100 metres from a waterway; (b) have ready access to the road network; (c) be located in areas of low ecological significance and will not require any significant clearing of native vegetation beyond that already required by the project: (d) be located on relatively level land; (e) be separated from the nearest residences by at least 200 metres (or at least 250 metres for a temporary batching plant and stockpiling sites); (f) be above the 20 ARI flood level unless a contingency plan to manage flooding is prepared and implemented; (g) not unreasonably affect the land use of adjacent properties; (h) provide sufficient area for the storage of raw materials to minimise, to the greatest extent practical, the number of deliveries required outside standard construction hours; and (i) be located in areas of low heritage conservation significance (including identified Aboriginal cultural value) and not impact on heritage sites beyond those already impacted by the project.

JH

Before Consitancy assessment has been undertaken to assess compliance with these condition, approved by independent environmental representative

Closed CEMP CEMP – Section 2.2, 4.1.3, Appendices F & G

Part 5 CoA

11.1


A traffic management plan shall be developed in accordance with RMS Specifications prior to commencement of construction and shall be implemented and maintained for the full duration of construction. This plan shall address safe and adequate passage of traffic and pedestrians around and I or through the construction site as well as safe access of residents to bus stopping points.

JH

Before The traffic MP has been devloped and submitted to DP&I for approval Closed Preparatory Works Plan PWP – Section 4, 5, 6, 7, Appendices A, B & C

Part 5 CoA 11.2


Council shall be consulted concerning the use of local roads by construction vehicles. JH

Before Consultation has occurred. Road Occupancy Licence has been obtained. Closed Traffic Management Plan

Part 5 CoA

11.3


The project shall be constructed in a manner that minimises impacts to properties along the project corridor. In the event that construction of the project results in direct or indirect damage to any such property, the Proponent shall arrange and fund repair of the damage to a standard comparable to that in existence prior to the damage. JH

during Community liaison plan tcurently being i mplemented Closed Community Liaison Plan CLP – Section 1.4

Part 5 CoA 11.4


Access to all properties shall be maintained during construction and operation unless agreed with the property owner in advance and any access physically affected by the Project shall be reinstated to at least an equivalent standard.

JH during Traffic Management plan and vehicle movement plans in place are updated as required Closed

Traffic Management Plan

Traffic Management Plan

Part 5 CoA

11.[5]

Community Liaison

Utilities and services potentially affected by construction shall be identified to determine requirements for diversion, protection and/or support. Alterations to services shall be determined by negotiation with the service providers.

JH

Before Relocation of Telstra Copper Cable and Optic Fibre is complete Closed Contract is Construct only. RMS to negotiate with service providers for service relocation design.


Contract is Construct only. RMS to negotiate with service providers for service relocation design.

Appendix B

Part 5 CoA

12.1

Soil and Water A suitably qualified soil conservationist shall be consulted during the detailed design stage of the project and periodically inspect and/or audit soil conservation and water quality control works for the duration of construction, assist in the preparation of the Soil and Water Management Plan and Progressive Erosion and Sediment Control Plans, review reports and input to reports as required. Inspections shall be on a weekly basis during the early and environmentally sensitive phases of clearing, drainage and earthworks activities and be at least on a fortnightly basis in all other stages during construction. An inspection report shall. be prepared by the soil conservationist after each inspection. A register of these inspections shall be maintained.

JH

Before John Wright from TREEs has been consulted during the design stage. Regular audits and inspection are occuring as per the Soil and Water Management Plan.

Closed Construction requirements covered in Soil Water Management Plan

Section 5 Monitoring

Part 5 CoA

12.2

Soil and Water Erosion and sediment controls shall be inspected by the construction constructor at a minimum of weekly intervals and within 24 hours of all rainfall events exceeding 10 mm in a 24 hour period. Regular routine maintenance shall be undertaken to de-silt sediment basins and traps, replace damaged sediment control fences and other structures, clean out sediment basins and all other maintenance requirements. A register of these inspections, maintenance and rainfall levels shall be maintained. One person shall have overall responsibility on site for erosion and sediment control issues.

JH

during Monitoring and inpsections are occuring weekly and after rainfall events greater than 10mm. Records are stored on Lotus Notes.

Closed CEMP

Soil and Water MP

Section 5.1

Section 5 Monitoring, Reporting Section 9 Monitoring and Maintenance of control measures Section 12 Appendix B

Part 5 CoA 12.3

Soil and Water All erosion and sediment control devices shall be developed in accordance with RMS Road Design Guide 1989, Section 8 - Erosion and Sedimentation and the Landcom publication 'Managing Urban Stormwater-Soils and Construction'.

JH during Erosion and sediment controls are developed in accordance with RMS Road Design Guide 1989, Section 8

Erosion and Sedimentation and the Landcom publication 'Managing Urban Stormwater-Soils and Construction'.

Closed Soil and Water MP Section 5 Design and Planning

Part 5 CoA

12.4

Soil and Water Erosion and sediment requirements of the project during the construction phase shall include the following approaches wherever possible: • The installation and .stabilisation of catch, diversion and other temporary drainage prior to the removal of topsoil and commencement of earthworks; • The provision of contour and diversion drains across exposed areas immediately following clearing and the reestablishment and maintenance of these drains during topsoil removal and earthworks operations • The provision of erosion and sediment controls and sediment basins, in advance of and in conjunction with earthworks operations, to minimise contaminated run-off leaving the site; • All works in drainage lines, including for culverts and bridges and associated scour protection, shall be installed and finalised as quickly as possible to allow stormwater to flow safely through the site and to ensure stability in these areas. A Methods Statement(s) for protection and minimisation of waterway impacts shall be prepared prior to the commencement of construction activities. The Methods Statement(s) shall be included as part of the Soil and Water Management Plan • The minimisation of sediment loss during construction of embankments by means such as temporary or reverse super elevation during fill placement and constructing berms along the edge of the formation leading to temporary batter flumes • Sediment fences constructed away from the base of all fills to capture eroded material. This shall take into account the slope of the land.

Topsoiling and revegetation shall take place as early as possible and on a staged basis, in order to reduce erosion and water quality impacts. To improve the rate of stabilisation, sterile exotic annuals shall be used.

JH

during Included in Soil and Water Management Plan Closed Soil and Water MP Section 5 Section 8 Section 9 Section 12

Part 5 CoA

12.5

Soil and Water Management of sediment basins where required during the construction phase shall include the following approaches: • Stormwater capacity of sediment basins shall be re-established quickly after rainfall events. This shall be a routine operation and shall be within 5 days after rainfall events, meeting Landcom Managing Urban Stormwater Soils and Construction and any DECCW requirements • Water from sediment basins shall be reused for dust suppression during construction or discharged after treatment to meet specified standards and 5 day time frames. • Where discharge from sediment basins is proposed or likely, chemical dosing of sediment basins using gypsum unless otherwise approved by DECCW, shall be a routine operation on site to flocculate soil particles and reduce turbidity impacts on downstream waterways. • A register of discharge volumes and dates, water treatment (flocculation), discharge water quality and daily rainfall levels shall be kept • Where sediment basins have filled with sediment to 30% of their capacity they shall be cleaned in order to maintain stormwater design retention capacity.

JH

during Included in Soil and Water Management Plan Closed Soil and Water MP Section 6 Section 7 Section 8

16 of 18





Part 5 CoA

12.6

Soil and Water A water quality monitoring program for sediment basins and discharge of other ponded water shall be implemented during the construction period to monitor discharges, meet Protection of the Environment Operations Act 1997 (POEO) limits and meet any Environment Protection Licence (EPL) limits and record discharge dates and times, limits and time of discharge and any other EPL requirements.

JH

Before This has been developed as part of the soil and water MP Closed Soil and Water MP Section 7 Appendix A

Part 5 CoA

12.7

Soil and Water A procedure for dewatering shall be prepared as part of the Contractors EMP. The procedure shall include details such as sediment controls, supervision of dewatering and staff training. The procedure shall be submitted with the Contractors EMP for review by the RMS Environmental Services Manager, Pacific Highway Office. JH

Before This has been developed as part of the soil and water MP. The plan has been approved Closed Soil and Water MP Appendix A

Part 5 CoA

12.8

Soil and Water Stockpiles shall be managed during construction to ensure that: • Topsoil not contaminated by noxious weeds is stockpiled in approved stockpile locations prior to use for site rehabilitation and revegetation works. • Stockpiled materials are not placed inside native or sensitive vegetation protection areas. • Different stockpiled materials are separated within approved stockpile areas • Appropriate erosion 'and sediment controls are installed around stockpile locations to divert clean water around stockpiled materials and to manage erosion of stockpiled materials. Stockpiles are protected from erosion by the establishment of a cover crop within 7 days of stockpiling

JH

during Stockpile management included in Soil and Water Management Plan Closed Soil and Water MP Section 5 Stockpiles Appendix C ppendix D

Part 5 CoA 12.9

Soil and Water An Acid Sulphate Soil (ASS) Management Plan to address ASS issues shall be prepared if ASS is identified. Any identified Acid Sulphate Soils (ASS) shall be managed in accordance with the Acid Sulphate Soil Advisory Committee Acid Sulphate Soil Manual (August 1998).

JH Before This plan has been developed as part of the soil and water MP Closed Soil and Water MP Appendix G

Part 5 CoA

12.10

Soil and Water Storage areas for fuels, oils and chemicals shall be surrounded by impervious bund walls to contain any spillage. DECCW bunding and spill management guidelines shall be complied with. Bunded areas shall be designed to cater for 120 %of the volume of the largest container in the bunded area and meet DECCW requirements, including bunding requirements. All precautions shall be taken to eliminate fuel or other spills.

JH

during Bunding constructed at site compound in accordance with the Soil and Water Management Plan Closed Soil and Water MP Section 5 Chemical and Hydrocarbon Management

Part 5 CoA 12.11

Soil and Water Refuelling operations shall not be left unattended whilst refuelling is in progress. Refuelling shall not occur in the vicinity of waterways or sensitive areas, unless a specific bunded structure is built to avoid discharge from the site.

JH during Included in refuelling proceedure Closed Soil and Water MP. Section 5 Chemical and Hydrocarbon Management

Appendix E

Part 5 CoA 12.12

Soil and Water Where available, and of appropriate chemical and biological quality, the Proponent shall use stormwater, recycled water or other water sources in preference to potable water for construction activities, including concrete mixing and dust control.

JH during Included in Soil and Water Management Plan Closed Soil and Water MP Section 7

Part 5 CoA

13.1

Air Quality An Air Quality and Dust Management Plan shall be developed for the construction project to reduce general air quality and dust impacts on residents and the environment and be included as part of the Construction EMP. This plan shall include and address the following conditions. The plan shall also include procedures on how to address complaints on general air quality and dust issues.

JH

Before Air Quality Management Plan currently being implemented Closed Air Quality MP

CEMP

section 7 - suggested corrective actions

section 3.3.2 Complaints Management

Part 5 CoA 13.2

Air Quality Dust generation during construction shall be controlled by regular on-site watering or other RMS approved methods. Adequate dust suppression resources shall be available on site to reduce dust emissions. JH

during An Air quality MP has been devloped covering these issues Closed Air Quality MP section 7 - Air Quality and Dust

Part 5 CoA

13.3

Air Quality Additional options to reduce dust emissions shall be addressed in the Air Quality and Dust Management Plan including but not limited to: • alternative timing of dust generating activities • stopping of construction activities in very high wind conditions • movement of these activities to less sensitive locations and consideration of quickening of work in problem areas • use of wind direction to advantage • speed controls developed by the RMS and contractor • appropriately located stockpile and compound sites • stabilisation of exposed areas as quickly as possible; and quick completion of gravelling

JH

Before An Air quality MP has been devloped covering these issues Closed Air Quality MP section 7 - Air Quality and Dust

Part 5 CoA 13.4

Air Quality Loads with the potential to generate dust which are to be carried on public streets shall be covered during transpoRMStion.

JH during Air Quality Management Plan currently being implemented Closed Air Quality MP section 7 - Air Quality and Dust

Part 5 CoA

13.5

Air Quality An effective dust monitoring program shall be undertaken for the project to assist in reducing dust nuisance to nearby neighbours. This shall include one monitoring device at as a minimum three monitoring locations. Dust monitoring results shall be incorporated immediately into the dust control program for the·project. JH

Before Air Quality Management Plan currently being implemented Closed Air Quality MP section 5 - Monitoring section 7 - Monitoring

Part 5 CoA 13.6

Air Quality Exhaust systems of construction plant, vehicles and machinery shall be maintained in accordance with manufacturer's specifications and the exhaust emissions shall comply with the requirements of relevant legislation.

JH during Air Quality Management Plan currently being implemented. Plant Hazard assessment covers this and

maintenance log books are kept for each piece of plant Closed Air Quality MP section 7 - Greenhouse Gas

Part 5 CoA 13.7 Air Quality No open fires shall be permitted on the project. JH during included in induction and Air Quality Management Plan Closed Air Quality MP section 7 - Air Quality and Dust Part 5 CoA

14.1

Noise and Vibration

A Noise and Vibration Management Plan shall be developed by the contractor prior to construction commencing to reduce noise and vibration impacts on residents and the environment. This shall be included as part of the Construction EMP and shall include, but not be limited to the following: • Construction noise mitigation measures as referred to in the REF. • All reasonable practical steps to be undertaken to reduce construction noise and vibration from the construction activities. • Identify construction locations where construction noise is most intrusive and develop strategies to reduce impacts for these areas • Measures to monitor and record construction noise, including individual items of plant, on a regular basis. These measures shall include appropriate and practical actions to be implemented if noise levels exceed EPA guideline levels, • Consideration of acoustical issues related to the location and layout of work compounds, vehicle and plant parking areas, materials stockpiles and equipment storage areas • Measures to maintain haul roads to minimise noise generation due to road condition • Identify locations where noise walls/ barriers are to be constructed, and measures to construct these as early as possible in the construction program to reduce noise impacts on residents Measures to reduce impacts of any rock breaking activities on local residents

JH

Before this plan has been developed covering all of these aspects Closed Noted to be included in Noise and Vibration management plan

N&VMP

Part 5 CoA

14.2

Noise and Vibration

Construction activities shall be restricted to the following hours: • Monday to Friday 7.00 am to 6.00 pm. • Saturdays 8.00 am to 1.00 pm No construction on Sundays or Public Holidays

JH

during Approved construction hours are currently being observed. Closed Noise and Vibration management plan

N&VMP Section 5.1.1

Part 5 CoA

14.3

Noise and Vibration

Construction hours detailed in Condition 14.2 may only be varied in the following circumstances: i. construction work that causes LAeq (15minute) noise levels that are: a) no more than 5dB above rating background level at any residence in accordance with the Interim Construction Noise Guideline (DECC, 2009); and b) no more than the noise management levels specified in Table 3 of the Interim Construction Noise Guideline (DECC, 2009) at other sensitive land uses; or ii. where it is required in an emergency to avoid the loss of lives, property and/or to prevent environmental harm; or iii. for delivery of materials required outside these hours by the Police or other authorities for safety reasons; or iv. where works are in accordance with the conditions of an EPL for the project

JH

during Approved construction hours are currently being observed. Works outside of approved hours are in accordance with EPL 20044

Closed Noise and Vibration Management plan

N&VMP - Section 5.1.2

17 of 18





Part 5 CoA 14.4

Noise and Vibration

Any works undertaken outside the above hours shall comply with the procedures outlined in the RMS's Environmental Noise Management Manual 200 I, Practice Note vii - Roadwork's outside normal working hours. JH

during Noise and Vibration Management Plan currently being i mplemented Closed Noise and Vibration Management Plan

N&VMP - Section 5.2.2

Part 5 CoA 14.5

Community Liaison

The community directly affected by the roadworks shall be consulted regularly during all phases of construction in respect of noise and other impacts.

JH during Community liaison plan currently being i mplemented Closed Community Liaison plan 2.6 Communication and Publication Material

Part 5 CoA 14.6

Noise and Vibration

All construction equipment is to be well maintained in order to minimise noise impacts during construction. JH

during Noise and Vibration Management Plan currently being i mplemented. Plant hazard assessments undertaken for each piece of plant

Closed Noise and Vibration Management Plan. Plant Hazard Assessment

N&VMP Section 10

Part 5 CoA 15.1

Waste The construction site shall be maintained in a clean and tidy condition. Covered bins shall be provided for waste disposal and the covers shall be kept in place except when the bin is being used for deposit or removal of waste. JH

during Waste Management Plan currently being i mplemented. Closed Waste Management Plan Section 6

Part 5 CoA 15.1

Waste Waste from construction activities, including the site office and compound, shall be disposed of in accordance with the requirements of relevant authorities (including local government and the DECCW).

JH during Waste Management Plan currently being i mplemented. Closed Waste Management Plan Section 7

Part 5 CoA 15.2

Waste Measures to reduce, re-use and recycle waste products including soil, road pavement materials, concrete, oils and vegetation shall be implemented. JH

during Waste Management Plan currently being i mplemented. Closed Waste Management Plan Section 3 Section 5 Section 6

Part 5 CoA

15.3

Waste A schedule of all hazardous materials (as defined by the Waste Avoidance and Resource Recovery Act 2001) in use on the construction project shall be maintained and recorded for the duration of the construction. Copies of licences or licence numbers (under the Waste Avoidance and Resource Recovery Act 2001) shall be obtained for the chosen transporter of industrial/hazardous waste, the chosen industrial/hazardous waste treatment facility and the chosen waste disposal facility prior to moving.

JH

during Safety Management Plan currently being i mplemented Closed Safety Management Plan. Waste Management Plan

Section 1.3 section 7 waste management

Part 5 CoA 15.4

Waste Septic waste shall be disposed of in Council approved absorption/ transpiration trenches or removed from the site to an approved disposal point.

JH during Septic pumped out to a licenced facility Closed Waste Management Plan Section 5.1

Part 5 CoA

16.1

Flora and Fauna The extent of clearing shall be minimised and the limits of clearing shall be clearly marked in the field prior to the commencement of site works, and other land holder boundaries shall be clearly marked to identify these areas. Areas of vegetation for protection shall not be used as stockpile sites or vehicle parking areas. Significant remnants or individuals of native vegetation shall be appropriately protected for the duration of construction and marked prior to construction commencing. All personnel taking part in construction activities shall be instructed with regards to the importance of clearing limits and remnants/individual trees of significant value.

JH

Before Flora and Fauna Management plan and clearing and grubbing proceedures implemented Closed Flora and Fauna management and mitigation measures - pre clearing

Part 5 CoA

16.2

Flora and Fauna The procedures for fauna ·surveying and fauna rescue during clearing shall be developed in consultation with the RMS Environmental Services Manager Pacific Highway and included in the Flora and Fauna Management Plan. Fauna surveying shall commence within two weeks prior to any clearing of mature vegetation and also immediately prior to the commencement of clearing of any area of mature vegetation. Fauna surveying and inspections of the vegetation to be cleared shall be undertaken by a qualified ecologist in order to locate and move any native fauna to safe habitat. All reasonable measures shall be taken to ensure that no protected fauna are harmed or .placed at risk during the course of construction activities. Contact details for wildlife rescue organisations shall be kept on site during construction.

JH

Before Flora and Fauna Management plan and clearing and grubbing proceedures implemented Closed Flora and Fauna


appendix 1

section 6, 8 and clearing and grubbing permit

Part 5 CoA

16.3

Flora and Fauna Vegetation removed to implement the project shall be reused whenever possible. This shall include millable/ saleable timber, for fauna purposes, for use for mulching landscaped areas (exotic species such as camphor laurel shall not be chipped) and consideration of the use vegetation mulch to complement sediment capture on the project. JH

during Broadwater Sugar Mill have processed mulch for energy generation. Mulch has also been taken to Newman's Quarry for use in rehabilitation. Timber has been reused for fence posts where possible.

Closed Waste Management

Soil and Water

Flora and Fauna

section 5.1, 6

section 5 stockpiles

management and mitigation measures - rehabiliation and demobilisation

Part 5 CoA

16.4

Flora and Fauna A weed management program shall be developed to reduce levels of weed infestation in native vegetation within the road reserve for the project. The Local Council Weeds Officer shall be contacted prior to construction to asceRMSin if any special precautions are required for the project area. All noxious weeds shall be managed in accordance with the Noxious Weeds Act, including preventing the spread of noxious weeds through movement of contaminated plant and equipment into uninfested areas.

JH

Before the weed managment plan is currently being implemented Closed weed and pathogen section 6

Part 5 CoA

16.6

Flora and Fauna During detailed design and prior to installation of culverts, there shall be consultation with NSW Department of Industry and Investment (Aquatic Habitat Protection Unit) on minimisation of impacts on fish passage. The impacts of construction of waterway crossings on aquatic organisms and marine vegetation shall be minimised JH

Before Impacts of waterway crossings on aquatic organisms and marine vegetation has been minimised and consultation with relevant agencies has occurred

Closed CEMP

Flora & Fauna

Table 3.2 (for any temporary works)

management and mitigation measure - Aquatic Flora and Fauna

culverts are RMS permanent design

Part 5 CoA

16.7

Flora and Fauna Where required fauna fencing shall be located as close to the road as possible and securely anchored into the ground. Any fauna fencing shall also include return wings where the fence stops to provide fauna movements away from the highway and elsewhere as necessary and include provisions for maintenance and the prevention of vegetation growing up through the fence.

JH

Before Iincluded in design - section of fence at Tabbimoble realigned closer to the road. Closed Flora and Fauna management and mitigation measure - Rehabilitation and demobilisation

HABITAT FRAGMENTATION AND FAUNA CONNECTIVITY

Part 5 CoA

16.8

Soil and Water A tannin leachate management protocol shall be developed prior to the commencement of construction to manage the stockpiling of mulch and use of cleared vegetation and mulch filters for erosion and sediment control. The protocol shall be developed in consultation with DECCW and to the satisfaction of the RMS. JH

Before This protocol has been developed as part of the Soil and Water MP and has been reviewed by both OEH and fisheries

Closed Soil and Water MP Appendix F

Part 5 CoA

16.9

Flora and Fauna Riparian vegetation in and around watercourses affected by the project shall be restored and rehabilitated in consultation with DECCW, NOW and I&I NSW.

JH

after Landscape and Rehabilitation Management plan currently being i mplemented Closed Flora and Fauna

Landscape and Rehabilitation

management and mitigation measures - Rehabilitation and demobilisation

section 4

Part 5 CoA

16.10

Landscaping and rehabilitation

Watercourses affected by the proposal shall, where feasible and reasonable, be rehabilitated to emulate a natural stream system. The rehabilitation of watercourses shall be consistent with the Guidelines for Controlled Activities: In-stream Works (OWE, 2008) and stream armouring should be minimised to the greatest extent practicable. JH

after Landscape and Rehabilitation Management plan currently being implemented Closed Lanscaping and Rehabilitation MP LRMP Section 4 - Action 15

Part 5 CoA 16.11

Flora and Fauna Prior to construction commencing, a targeted survey shall be conducted in areas of suitable habitat for Cryptostylis huntedana during its flowering period from late October through to February.

JH Before This has occured March 2011 by the RMS with no recordings of this species Closed Flora and Fauna management and mitigation measures - pre clearing

Part 5 CoA 16.12

Flora and Fauna Native vegetation required to be cleared for this project shall be offset in accordance with the ratios applied in the adjacent Devils Pulpit Pacific Highway Upgrade and these offsets shall be included in the total sum of offset calculated in the Devils Pulpit Pacific Highway Upgrade Biodiversity Offset Strategy.

RMS Before Biodiversity offset plan developed by RMS. Closed Biodiversity Offset Plan

Flora and Fauna

RMS to provide

biodiversity offset Part 5 CoA

17.1

Heritage If any Aboriginal archaeological sites or artefacts which are not covered by Consent to Destroy permits are discovered during construction then work shall cease immediately in the vicinity and the RMS's Environmental Services Manager, Pacific Highway Office shall be contacted promptly for further advice and action. Works will not recommence until the appropriate clearances have been received from the RMS and DECCW.

JH

during Included in Heritage Management plan and induction Closed Heritage Section 5 Management of Indigenous and non-Indigenous Heritage Section 6 Unexpected finds proceedure

Part 5 CoA

17.2

Heritage If any sites or relics of suspected non-Aboriginal heritage value are discovered during construction, work shall cease immediately in the vicinity and the RMS's Environmental Services Manager, Pacific Highway Office shall be contacted for further advice and action. Works will not recommence until the appropriate clearances have been received from the RMS and Heritage Office of NSW

JH

during Included in Heritage Management plan and induction Closed Heritage Section 5 Management of Indigenous and non-Indigenous Heritage Section 6 Unexpected finds proceedure

18 of 18

7.2 Appendix B – Water Quality Monitoring Results

PACIFIC HIGHWAY DEVILS PULPIT UPGRADE ‐MONTHLY WATER QUALITY ANALYSIS = Parameter value outside of threshold = downstream is greater than or less than 20% of upstream

TABBIMOBLE 2 TABBIMOBLE 3

Date Location

Dissolve d Oxygen (ppm) pH

Total Suspend ed Solids (mg/L)

Turbidity (NTU) Temp (°C)

Current weather condition

s Comments/observations

19/08/2013 Upstream 6.7 6.45 9 8 17.9 fine 19/08/2013 Downstream 6.3 6.48 9

Total

S

8 eptember

18.1 fine

Current Dissolve Suspend weather d Oxygen ed Solids Turbidity condition

Date Location (ppm) pH (mg/L) (NTU) Temp (°C) s Comments/observations

17/09/2013 17/09/2013

Date

Upstream Downstream

Location

7.1 7

Dissolve d Oxygen (ppm)

7.86 7.88

pH

55 16


65 24

Turbidity (NTU)

October

25 25

Temp (°C)

cloudy cloudy


s

no inflow at present. Increase in turbidity likely due to runoff from upstream during rain event

noticably clearer water downstream

Comments/observations 30.10.2013 30.10.2013

Date

Upstream Downstream

Location

6.7 6.5


7.21 7.24

pH

53 24


60 30

Turbidity (NTU)

November

24.7 24.2

Temp (°C)

cloudy cloudy


s Comments/observations 13.11.2013 13.11.2013

Upstream Downstream

6.5 6.4

7.01 7.05

84 26

70 24

24.5 24.3

cloudy cloudy

15.11.2013 15.11.2013

Date

Upstream Downstream

Location

6.6 6.7


6.98 6.99

pH

76 22


65 20

Turbidity (NTU)

December

23.7 23.5

Temp (°C)

cloudy cloudy



12.12.2013 12.12.2013

Date

Upstream Downstream

Location

2.5 1


7.36 7.23

pH

11 27


25 35

Turbidity (NTU)

January

22.5 25

Temp (°C)

cloudy cloudy


s

No flow

Comments/observations

24.01.2014 24.01.2014

Upstream Downstream

Not read Not read

7.01 7.24

38 42

50 55

22.5 25

cloudy cloudy

No flow

Date Location

Dissolve d Oxygen (ppm) pH


Turbidity (NTU) Temp (°C)



19/08/2013 Upstream 6.3 6.68 9 8 18.7 fine 19/08/2013 Downstream 6.5 6.71 9

Total

Sept

8 ember

18.7 fine



17/09/2013 Upstream 7.6 7.73 18 17 25 cloudy 17/09/2013 Downstream 7.6 7.72 5

Total

Oc

15 tober

25 cloudy


Date Location (ppm) pH (mg/L) (NTU) Temp (°C) s Comments/observations 30.10.2013 Upstream 7.1 7.54 20 18 24.8 cloudy 30.10.2013 Downstream 7 7.49 9

Total

Nov

15 ember

23.8 cloudy


Date Location (ppm) pH (mg/L) (NTU) Temp (°C) s Comments/observations 13.11.2013 13.11.2013

Upstream Downstream

6.8 6.5

7.26 7.24

24 10

20 15

24.7 24.6

cloudy cloudy

15.11.2013 Upstream 6.9 7.25 25 20 22.7 cloudy 15.11.2013 Downstream 6.5 7.25 9

Total

Dec

15 ember

22.3 cloudy



12.12.2013 12.12.2013

Date

Upstream Downstream

Location

3.6 3.2


7.7 7.37

pH

42 38


Ja

40 45

Turbidity (NTU)

nuary

25 29

Temp (°C)

cloudy cloudy


s

No flow

Comments/observations

24.01.2014 24.01.2014

Upstream Downstream

Not read Not read

7.04 7.02

15 15

15 Not read

25 25

cloudy cloudy

No flow


7.3 Appendix C – Dust Monitoring Results

DEVILS PULPIT PACIFIC HIGHWAY UPGRADE PROJECT ‐ DUST MONITORING RESULTS

Month September October November December January February March April May June/July August September

Control Site (g/m2/month)

0.4 0.5 0.4 0.2 0.7 1.9 0.4 0.2

sample stolen **0.7 0.1

***3.8

Sensitive Receiver (g/m2/month)

0.9 1.9 1.6 0.8 *5.1 1.5 0.3 0.3 0.1

**0.7 0.2

sample stolen

criteria threshold (g/m2/month

4.4 4.5 4.4 4.2 4.7 5.9 4.4 4.2 n/a 4.7 4.1 7.8

Criteria: < 4g/m2/month increase above background / control levels at the nearest sensitive receiver (residence).

*Investigations of the works carried out indicate that potentia l dust generating activi tes were lower than the previous month. In addition, al l control measures have been observed on s i te including dust suppres ion, speed l imiting of plant and vehicles , al l loads covered and plant and vehicle maintenance checks . The l aboratory report for this particular sample indicated a yel lowish coloration and organic materia l present (sample contamination), ** Sample taken over 2 month duration, *** Frog in Sample


7.4 Appendix D – Audit Actions and Close Out

Devils Pulpit Upgrade - Independent EPL Compliance Audit (25/11/2014)

Action Ref # Audit Finding / Comments EPL Ref #

Workplace Action Responsible By When

AI 001 Ongoing sampling conducted for TSS vs TSS correlation, however correlation yet to be completed. L2.13

Onsite samples taken and sent to lab to update TSS vs TSS correlation assessment.

P. Mool 26/02/2014

AI 002

Section 7 of Soil and Water MP (09/05/13) details basin discharge requirements within 5 days. Discharge monitoring forms maintained on site for all discharges.

Plan does not mention 2 day discharge requirement for culvert 3.

O4.8

Soil and Water management plan updated detailing basin discharge requirement within 5 days and 2 day discharge requirement for culvert 3 has also been added.

T. Bath 27/11/2013

AI 003 Requirements of AS2659.1 - 1998 are not referenced in Noise and Vibration Management Plan. M7.1

Referenced in Section 1.1 of Noise and Vibration Management Plan Rev 0 Ver 3

T. Bath 27/11/2013

AI 004 Detail not referenced in Noise and Vibration Management Plan. M7.2

Referenced in Section 1.1 of Noise and Vibration Management Plan Rev 0 Ver 3

T. Bath 27/11/2013

AI 005 EPA written notification requirements not detailed in project plan. R2.2

Construction Environmental Management Plan Rev 0 Ver 4 updated

P. Mool 14/02/2014

AI 006 Current EPA contact is Tom Bath. EPA will need to be notified of change of contact. G2.1

EPA notified and contact updated of Contact number for Incidents and responsible employee as Prasanna Mool P. Mool 14/02/2014


Devils Pulpit Upgrade - Environmental Management System Audit (25/10/2014)

Action Ref # Audit Finding / Comments Ref #

Workplace Action Responsible By When

AI 001 Compliance register needs updating to assess compliance against other regulatory/licencing conditions, e.g. EPL

SoC EM3

Compliance register updated.

P. Mool 26/02/2014

AI 002 Follow up with ecologist to ensure current clearing process is appropriate for scale of clearing being undertaken.

SoC E4 Ecologist has confirmed minor clearing occurred in accordance with ecologists requirements.

P.Mool 24/02/2014

AI 003 Confirm noise mitigation requirements with RMS and implement accordingly

SoC ON2

RMS advice received that this has been completed.

P.Mool 26/02/2014

AI 004 Complete ongoing verification/correlation exercise.

EPL L2.8 Onsite samples taken and sent to lab to update TSS vs TSS correlation assessment.

P. Mool 26/02/2014


7.5 Appendix E – Preliminary Landscaping Audit Report


7.6 Appendix F – Endorsement Letter by EMR

Devil Pulpit Pacific Highway Upgrade Roads and Maritime Services PO BOX 3233,

31 Victoria Street

Grafton NSW 2460

Our Ref: J116

Attention: Simon Wilson

Dear Simon

RE: Compliance Tracking Report #4

Valentine, NSW, 2280

ACN 107 764 312

Unit 3, 2 Saltspray Close Redhead

Phone: 49352300

Fax: 49449492

Mobile: 0407 461092

Email: [email protected]

Following a review of the Devils Pulpit Pacific Highway Upgrade Compliance Tracking Report #4 August 2013 to January 2014 (prepared by John Holland Group) it is deemed that the report complies with condition B17 of the Ministers Conditions of Approval.

The report is therefore endorsed and is suitable for the submission to the Department of Planning

If you have any questions or issues please contact David Bone.

Yours faithfully

David Bone – Devils Pulpit Pacific Highway Project ER


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