18
CALTEX SERVICE STATION REDEVELOPMENT, MITCHELL APPLICATION FOR EIS EXEMPTION CONSIDERATION REPORT June 2017

CALTEX SERVICE STATION REDEVELOPMENT, …...The removal Caltex service station Mitchell, will directly and indirectly affect 4 blocks. Table 1 shows the legal land description for

  • Upload
    others

  • View
    9

  • Download
    0

Embed Size (px)

Citation preview

CALTEX SERVICE STATION REDEVELOPMENT, MITCHELLAPPLICATION FOR EIS EXEMPTION CONSIDERATION REPORT

June 2017

Application for section 211 EIS Exemption Consideration Report i Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

This report evaluates the application for an exemption under section 211 of the Planning and

Development Act 2007, from requiring a completed Environmental Impact Statement in the

development application for the removal and replacement of two underground storage tanks from

Caltex service station, Mitchell

Ref no: 201731411

Date lodged: 07/04/2017

Project: The removal and replacement of two underground storage tanks from Caltex service

station, Mitchell.

Street no. and name: Block 50, section 16 Mitchell 116 Lysaught Street

Proponent: Canberra Town Planning

The following information provides the certificate of approval for issue of this report.

Document no: 1-2017/07345

Date of issue: 22/06/2017

Position Name Signature Date

Reviewed by

Manager Jonathan Teasdale

Executive Director Brett Phillips

Deputy

Director- General

Gary Rake

Approved by Director-General

Ben Ponton

Application for section 211 EIS Exemption Consideration Report i Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

Contents Application for EIS Exemption ................................................................. Error! Bookmark not defined.

Consideration Report ............................................................................... Error! Bookmark not defined.

1. Introduction ................................................................................................................................ 3

1.1. Project ................................................................................................................................. 3

1.2. Background ......................................................................................................................... 5

2. Environmental impact assessment ............................................................................................. 5

2.1. Impact track triggers ........................................................................................................... 6

2.2. Section 211 Process ............................................................................................................ 7

2.3. The EIS exemption application ............................................................................................ 8

2.4. EIS exemption decision ....................................................................................................... 8

2.5. Consultation ........................................................................................................................ 8

3. Matters of National Environmental Significance ...................................................................... 11

4. Impacts on Schedule 4 items .................................................................................................... 11

4.1. Schedule 4 Part 4.3 Item 7– Proposal involving land included on the register of

contaminated sites ........................................................................................................................ 11

5. EIS Exemption conditions .......................................................................................................... 14

6. Conclusion ................................................................................................................................. 15

Appendix 1 – Referral Entity Comments ........................................................................................... 16

Tables and Figures Figure 1 – Project Location ..................................................................................................................... 4

Table 1 - Legal land description and tenancy ......................................................................................... 5

Table 2 - EIS triggers per Schedule 4 of the Planning and Development Act 2007 ................................. 6

Figure 2 - The section 211 process .......................................................................................................... 7

Table 3 – Entity Referrals ........................................................................................................................ 9

Table 4 - Summary of public consultation ............................................................................................ 10

Table 5 – Previous Studies and Investigations ...................................................................................... 12

Table 6 - Mitigation measures .............................................................................................................. 13

Application for section 211 EIS Exemption Consideration Report ii Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

Glossary and definitions

ACT Australian Capital Territory

CEMP construction environmental management plan

DA development application

DoE Commonwealth Department of the Environment

EIA Environmental impact assessment: the process of identifying, predicting,

evaluating and mitigating the biophysical, social, and other relevant

effects of development proposals before major decisions and

commitments are made.

EIS Environmental impact statement: a document prepared to detail the

expected environmental, social and economic effects of a development,

and state commitments to avoid, mitigate or satisfactorily control and

manage any potential adverse impacts of the development on the

environment. In the ACT, an EIS is required for proposals in the impact

track as per Section 127 of the Planning and Development Act 2007.

EMP environmental management plan

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

EPD Environment and Planning Directorate

EPA Environment Protection Authority

PD Act Planning and Development Act 2007 (ACT)

MNES Matter of national environmental significance

RAP Remediation action plan

UPSS Underground petroleum storage system

UST Underground storage tanks

VOC Volatile organic compound

Application for section 211 EIS Exemption Consideration Report 3

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

1. Introduction This report is to the ACT Minister for Planning on the assessment of the Environmental Impact

Statement (EIS) exemption application in relation to the Caltex service station, Mitchell. The

application was made by Canberra Town Planning under section 211B of the Planning and

Development Act 2007.

This is a concurrent application that includes a development application (DA) and an EIS exemption

application. If an EIS exemption is granted (the concurrent process), the DA must be decided not

later than 10 working days after. According to section 147AB (3) of the Act, if the EIS exemption is

refused, rejected or withdrawn, the DA is taken to have been refused.

1.1. Project

The project is the removal of two underground petroleum storage tanks and associated works

including fuel lines. This will include facilitating the remediation of the site in accordance with the

remediation action plan prepared by WSP Parsons Brinckerhoff and the replacement of the UPSS’s

and fuel lines. Construction works outlined in the application include;

Concrete over tanks to be broken up and removed.

Tank and fuel lines to be cleared and tested.

Soils surrounding the tanks will be excavated stockpiled and managed in accordance with

the methodology detailed in the RAP.

Temporary shoring and stabilization works may be required during works.

Back fill tank sites with excavated soil (if deemed suitable) or with other suitable Virgin

Excavated Natural Material (VENM).

Install two new 30,000L double walled fibreglass tanks (tanks 1 and 2).

Install new fuel lines and vent lines as shown in the fuel lines and vent lines as shown in the

fuel system layout plan.

Install new monitoring wells if required.

Lay new concrete/pavement for site.

Install new information signage if required.

Other associated tasks

1.1.1. Project location

The Caltex service station redevelopment EIS exemption application relates to land in Mitchell,

Gungahlin, Australian Capital Territory (block 50, section 18 Mitchell). The services station fronts

Lysaght Street with other sublessees located to the north with frontage to McEacharn place. The site

address is 116 Lysaght Street and 5 McEacharn Place, Mitchell.

Application for section 211 EIS Exemption Consideration Report 4

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

[Insert a map, drawing or aerial photo of the location of works]

Figure 1 – Project Location

1.1.2. Legal land description and tenancy

The removal Caltex service station Mitchell, will directly and indirectly affect 4 blocks. Table 1 shows

the legal land description for each block affected by the removal and replacement of two

underground storage tanks from Caltex service station and the details of tenancy type and tenant.

Application for section 211 EIS Exemption Consideration Report 5

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

Table 1 - Legal land description and tenancy

Directly affected lands

Block Division Tenancy Tenant

50, 18 Mitchell leased Territory Land Private Lease – Not Public Land

N/A

Verge on

Lysaght

Street

N/A Unleased Territory Land - Roads Roads ACT, TAMSD

Neighbouring lands

Block Division Tenancy Tenant

5, 18 Mitchell Leased Territory Land Private Lessee

51, 18 Mitchell Leased Territory Land Private Lessee

1.2. Background

The works proposed are to facilitate the remediation of the site, the removal of two underground

petroleum storage tanks and fuel lines along with the surroundings soil is essential to allow the

continued operation of the site as a service station. Tank 1 on the site had previously leaked causing

contamination to the surrounding soil and groundwater.

The proposed works are essential in helping to reduce the contamination on the site, minimise

potential for future contamination and allow continuous operation of the site. There are a limited

amount of alternative options to progress and this proposal will facilitate the best outcome.

2. Environmental impact assessment Environmental impact assessment processes are used to identify, predict, plan for and manage the

impacts of development proposals before a decision is made about the project going ahead.

An environmental impact assessment process is required to be undertaken for projects in the impact

track.

Section 123 of the Planning and Development Act 2007 states that the impact track applies to a

development if:

the relevant development table states that the impact track applies

the proposal is of a kind mentioned in Schedule 4 of the Planning and Development Act

2007

the Minister makes a declaration under section 124

section 125 or section 132 applies to the proposal, or

Application for section 211 EIS Exemption Consideration Report 6

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

The Commonwealth Minister responsible for the Environment Protection and Biodiversity

Conservation Act 1999 (the EPBC Act) advises the Minister in writing that the development

is a controlled action under the EPBC Act, section 76.

2.1. Impact track triggers

The Caltex service station, Mitchell is in the impact track as it is a development of a kind mentioned

in Schedule 4 of the Planning and Development Act 2007. This proposal triggers the Schedule 4 item

listed in Table 2.

Table 2 - EIS triggers per Schedule 4 of the Planning and Development Act 2007

Item Number Description Project Component

Part 4.3, item 7 Proposal involving land included on the register of contaminated sites under the Environment Protection Act 1997.

The proposed site.

Application for section 211 EIS Exemption Consideration Report 7

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

2.2. Section 211 Process

The flowchart below outlines the EIS exemption application process.

Figure 2 - The section 211 process

Application for section 211 EIS Exemption Consideration Report 8

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

2.3. The EIS exemption application

In accordance with section 211B of the Planning and Development Act 2007 the application for an

EIS exemption was submitted by Canberra Town Planning to the planning and land authority (the

Authority), within the Environment, Planning and Sustainable Development Directorate (EPSDD) on 5

April 2017. As required by EIS exemption application - Form 1M, the application contained the

following information to inform the assessment of the application:

WSP Remediation Action Plan for Limited UPSS Replacement Works, June 2016

GHD Site Audit 116 Lysaght St, Mitchell ACT Interim Audit Advice 2, 24 June 2016

Caltex Service Station, Block 50 Section 18, Application for Section 211 Exemption, April

2017

2.4. EIS exemption decision

Section 211H of the Planning and Development Act 2007 states that the Minister may grant an EIS

exemption for the proposal if satisfied that the exempted environmental impact of the development

proposal has already been sufficiently addressed by a recent study, whether or not the recent study

relates to the particular development proposal.

In deciding whether the environmental impact of the development proposal has been sufficiently

addressed by the recent study, the Minister must consider:

(a) whether the recent study was conducted by an appropriately qualified person with relevant

expertise and experience in relation to the environmental values of the land in the proposal;

and

(b) if the recent study does not relate directly to the proposal—whether there is sufficient detail

to allow assessment of the environmental impacts likely to occur if the proposal proceeds;

and

(c) whether the part of the recent study relevant to the proposal required public consultation

through a statutory process or as part of a government policy development; and

(d) if the recent study is more than 18 months old—whether the Minister is satisfied that the

information in the study is current; and

(e) any submissions received during the consultation period for the EIS exemption application.

This report documents the information presented by the proponent, information received during

entity consultation and public notification to inform the Minister in making a decision.

2.5. Consultation

Entity consultation and public notification were both undertaken for Caltex service station, Mitchell,

as required by the Planning and Development Act 2007.

2.5.1. Entity referral

Section 211E of the Planning and Development Act 2007 requires the Minister to consult with

entities prescribed in the Planning and Development Regulations 2008 about the EIS exemption

application. The Minister may also seek advice from other entities.

Application for section 211 EIS Exemption Consideration Report 9

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

For the Caltex service station Mitchell, the Authority referred the application to the following

mandatory and relevant entities:

Entity Date Entity Comment Received

Entity response

ACTEW AGL Gas 12 May 2017 Your application has been assessed by

ActewAGL. There are no Gas Networks

assets within the vicinity of the

development and as such no approval is

required.

ACTEW AGL Electricity 17 May 2017 Conditional Approval (see appendix 1)

Conservator of Flora and Fauna 1 May 2017 There are no issues of concern (see appendix 1)

Emergency Services Commissioner 14 June 2017 ESA is supportive of an S211 Environmental Impact Statement exemption for the Caltex Service Station Mitchell re Tank Removal & Replacement

ICON Water 11 May 2017 Failed to Comply (see appendix 1)

EPA 21 June 2017 The EPA recommends conditions of approval and advice for the applicant (see appendix 1)

Table 3 – Entity Referrals

Comments were received from six entities during the consultation period. Entity submissions are

included in this report as they relate to each trigger or potential impact and set out at appendix 1.

2.5.2. Public consultation

The Planning and Development Act 2007 requires the Minister to consult with the public on the

concurrent development and EIS exemption application’s for 35 working days under section

147AA(1) of the PD Act. The EIS exemption application and development application were publicly

notified from 28 April 2017 to 16 June 2017 in accordance with Section 211C of the PD Act.

No public submissions were received during the consultation period and the revised application has

stated this.

Canberra Town Planning has made the design for the project available to the public during a public

consultation period additional to that required under section 211C of the PD Act. The project design

report, plans and supporting information (including the investigations and studies submitted in

support of this application) were available from 28 April 2017 to 16 June 2017.

Table provides a summary of which information was made available during the public consultation

process and for what length of time.

Application for section 211 EIS Exemption Consideration Report 10

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

Table 4 - Summary of public consultation

Title of report Public consultation method

Number of days

Project plans and supporting information information displayed on website

35 Working days

Andre Smit, Interim Audit Advice, 2016 information displayed on website

35 Working days

Laver and Carpenter, Remediation Action Plan, 2016

information displayed on website

35 Working days

Application for section 211 EIS Exemption Consideration Report 11

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

3. Matters of National Environmental Significance Under the EPBC Act a person must not take an action that has, will have, or is likely to have a

significant impact on any matters of national environmental significance (MNES) without approval

from the Commonwealth Minister for the Environment.

The proposed development is located in the Gungahlin strategic assessment area. The proponent

has provided a statement in section 12 of their application stating that the subject site does not

trigger likely impacts to any matters of national environment significance because the purposed

development is taking place in an already established industrial area.

4. Impacts on Schedule 4 items This section summarises the impacts of the development on relevant items from Schedule 4 of the

PD Act. For each item the supporting studies and the comments of referral entities and the public

are listed along with any recommended mitigation measures. A conclusion is made on whether or

not the information satisfies the requirements of section 211 of the PD Act.

4.1. Schedule 4 Part 4.3 Item 7– Proposal involving land included on the register of

contaminated sites

The proposed Mitchell Caltex service station redevelopment will take place on a contaminated site

listed on the register of contaminated sites under the Environmental Protection Act 1997.

4.1.1. Impacts

The proposed development is taking place in an established industrial area which is not considered to maintain any natural conservation values. Impacts would most likely occur from any contaminated materials dispersion during the development. The following potential key impacts were identified:

Dust generation during works;

Hydrocarbon odours being emitted after concrete is removed from above the infrastructure;

Odour issues associated with removing the USTs; and

Potential contamination of soil and mobilisation through wind and rainfall events as a result of stockpiling.

Local Community

During this redevelopment any impact on local workers will need to be considered from the

contaminated materials or soils becoming airborne and travelling offsite. Mitigation measures

regarding the sediment control and transportation of any contaminated materials are outlined in

section 4.1.4 of this report.

4.1.2. Previous studies and investigation

The proponent has submitted three reports which address impacts on the environment in support of

the EIS exemption application. The information submitted by the proponent to support the

application is listed and assessed for relevance against the requirements of section 211H of the

Planning and Development Act 2007 in table 5.

Application for section 211 EIS Exemption Consideration Report 12

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

TITLE & AUTHOR OF STUDY

QUALIFIED PERSON

RECENT STUDY

If recent study >18 months, is

information current

INFORMATION DIRECTLY

RELATED TO PROPOSAL?

If no, has sufficient

information been

provided?

ADDITIONAL PUBLIC CONSULTATION REQUIRED

EXPERT/ PEER

REVIEWED

‘Interim Audit Advice 2: Comments on Revised Remedial Action Plan’ Andre Smit

Yes Yes N/A Yes N/A No No

Remediation Action Plan For Limited UPSS Replacement Works’

Yes Yes N/A Yes N/A No No

‘Application for Section 211 Exemption’ Canberra Town Planning

Yes Yes N/A Yes N/A No No

Table 5 – Previous Studies and Investigations

It is considered that these studies provide sufficient detail to allow an assessment of the

environmental impacts associated with the proposal.

4.1.3. Recommended mitigation measures

The key recommended mitigation measures from the authority’s assessment, entity submissions and

the reports submitted by the proponent against the impacts of the development are included in

table 6.

Application for section 211 EIS Exemption Consideration Report 13

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

Table 6 - Mitigation measures

Number Impact of development Mitigation Measure

1 Pollution of Stormwater A sediment and erosion control plan will be prepared and provided to the EPA for comment prior to works commencing. Ongoing management requirements for sediment, erosion control and spills will be documented in an Environmental Management Plan that will be provided to the EPA.

2 Inappropriate handling of toxic or hazardous materials leading to a pollution event.

Fuel and spills management measures in place in accordance with the Health, Environmental and Safety Plan (HESP) and in accordance with the relevant procedures for the works.

3 Emissions of dust or odour during the construction or operations.

Dust will be controlled using water if necessary and work will stop during high wind conditions. Monitoring for odour and health safety measures will be in place in accordance with the RAP and site EMP

4 Exposing workers or the environment to potential toxins

Dust and odours will be monitored and managed in accordance with the EMP and RAP. Work will cease if concentrations of VOCs exceed limits detailed in RAP and EMP.

Additional measures are detailed in the EIS Exemption application report.

4.1.4. Conclusion

The supporting studies and the comments of relevant entities provide sufficient information on the

impacts of the proposal on the local environment.

Further investigation and environmental assessment of the impacts of the proposal is not required

for this project. The conditions attached to this EIS Exemption will be applied through conditions of

approval on any subsequent development application.

Application for section 211 EIS Exemption Consideration Report 14

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

5. EIS Exemption conditions Table 7 details the conditions that are proposed to be set if an EIS Exemption is granted. These

conditions should be taken into account by the planning and land authority when assessing a DA for

the proposal.

No Condition Endorsement/

approval

Development

stage

Condition of approval

1 All works must be

undertaken in

accordance with the

remediation action plan

(RAP).

ACTPLA (C) During

Construction

All works must be undertaken in

accordance with the remediation

action plan (RAP).

2 Works are to be

constrained to the

identified area.

ACTPLA

EPA

(C) During

Construction

Works are to be constrained to the

identified area and no offsite works or

stockpiling is to be undertaken.

Application for section 211 EIS Exemption Consideration Report 15

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

6. Conclusion Having regard to the supporting information provided by the applicant and comments received from

referral entities and during the public consultation period the planning and land authority has

assessed the Mitchell Caltex Service Station Redevelopment as meeting the requirements for an EIS

exemption under the Planning and Development Act 2007.

It is the planning and land authority’s assessment that the proponent has provided sufficient

information to the ACT Government and the community to allow an informed evaluation of

potential environmental impacts which could be attributed to the proposal. The supporting

information and referral entities have proposed a range of mitigation measures and conditions to

reduce or avoid potential environmental impacts arising from construction and operational activities

associated with the project. It is considered that any potential adverse impacts can be adequately

addressed by implementing the conditions outlined in this report.

The planning and land authority’s recommendation is that the supporting information submitted

with the application has adequately identified and considered those matters of potentially

significant impact and that further environmental assessment is not required. The expected

environmental impact of the development proposal has already been sufficiently addressed by

recent studies.

The planning and land authority’s recommendation is that the Minister grants the Mitchell Caltex

service station redevelopment an EIS exemption under section 211H of the Planning and

development Act 2007.

Application for section 211 EIS Exemption Consideration Report 16

Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017

Appendix 1 – Referral Entity Comments