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Bea Gregory-5252

From: MDCSent: Wednesday, 22 March 2017 3:00 p.m.To: RCInboxSubject: Application for Resource Consent: REF170312372 Attachments: REF170312372.pdf

A application for a Resource Consent has been received. Application lodgement number is REF170312372.

Submission details are attached.

PO Box 443, Blenheim 7240

Tel 03 520 7400 / Fax 03 520 7496

Email mdc@marlborough.govt.nz / www.marlborough.govt.nz

Important Information

Applicant Details

Application Details

Marlborough District Council

15 Seymour Street

Blenheim 7201

PO Box 443

New Zealand

Telephone 00 64 3 520 7400

Fascimile 00 64 3 520 7496

Email mdc@marlborough.govt.nz

Website www.marlborough.govt.nz

GST No. 50-430-960

Reference Number: REF170312372

Submitted On: 22/03/2017 14:59

Submitted By: Cloudy Bay Vineyards

This application is made under Section 88 of the Resource Management Act 1991.

Please provide all details relevant to your proposal. Feel free to discuss any aspect of your proposal or the application process with Council's duty

planner, who is here to help. Duty planner hours are 9.00 am to 3.00 pm Monday to Friday.

This application will be checked before formal acceptance. If the application is incomplete, we are unable to accept it for processing and it will be

returned to you.

If this activity requires more than one consent type, (eg both land use and discharge) you may apply for all within this application.

Select as many as are applicable

Is the applicant

Is the applicant A company•

Company name Cloudy Bay Vineyards

Is the applicant

Main applicant name John Flanagan

Main applicant mailing address PO Box 376, Blenheim 7240

Main applicant email address john.flanagan@cloudybay.co.nz

Main contact number 0212809393

Alternative contact number 021504475

Is there an agent working on behalf of the applicant? No

Types of resource consent applied for Water Permit•

Property Details

The location to which the application relates is 314 Brancott Rd Blenehim

Brief description of the activity

To take underground water from well P28w/1882 and well P28w/2203 up

to a maximum rate of 530 m3 per day for the irrigation of up to 44 ha of

vineyard on Pt Lot 3 DP7652.

Assessment of Effects on the Environment (AEE)

Supplementary Forms

Technical Reports

I attach, in accordance with Schedule Four of the Resource Management Act 1991, an assessment of environmental effects in a level of detail that

corresponds with the scale and significance of the effects that the proposed activity may have on the environment. (Applications now also have to

include consideration of the provisions of the Resource Management Act 1991 and other relevant planning documents)

Please upload Assessment of Effects on the Environment Flowmeter Datalogger Installation Commission

P28w1882.pdf(1212348 bytes)

•

Flowmeter Datalogger Installation Commission

P28w2203.pdf(1201311 bytes)

•

U070567 Environmental Assessment Cloudy Bay

Vineyards.doc(350208 bytes)

•

U070567 P28 w1882 Verification Report.pdf(161349 bytes)•

U070567 P28 w2203 Verification Report.pdf(161324 bytes)•

U070567 Supporting Information.pdf(845232 bytes)•

Plans

Please upload plans (e.g. site plan, elevation plans, scheme plan etc) of the locality and activity points. Describe the location in a manner that will

allow it to be readily identified, e.g. house number and street address, grid reference, the name of any relevant stream, river, or other water body

to which the application may relate, proximity to any well known landmark, DP number, valuation number, property number

Site/location plan U070567 Cloudy Bay Site Map.JPG(210305 bytes)•

Scheme plan No files uploaded

Forest harvest plan No files uploaded

Building plans No files uploaded

Dam design drawings No files uploaded

Certificate of Title

Certificate(s) of Title and legal documents Mustang North East and South West - Part Lot 3 DP

7652.pdf(32151 bytes)

•

Please indicate which supplementary forms you are adding

Do you wish to upload any technical reports to be included in the

application by the relevant Resource Management Plan, Act or

regulations?

No

Benthic report No files uploaded

Cultural effects assessment No files uploaded

Dam construction report No files uploaded

DSI No files uploaded

Ecology report No files uploaded

Economic report(s) No files uploaded

Engineering report No files uploaded

Erosion and sediment management plan No files uploaded

Geotechnical report No files uploaded

Landscape report No files uploaded

PSI No files uploaded

RAP No files uploaded

Wastewater report No files uploaded

Written Approvals

Other Details

Any other report not covered in the list above No files uploaded

Please provide the names and addresses of the owner and occupier of

the land (other than the applicant)Cloudy Bay Vineyards PO Box 376 Blenehim

Please attach any written approval(s) that may have been obtained from

affected parties/adjoining property owners and occupiers

No files uploaded

Note: As a matter of good practice and courtesy you should consult your neighbours about your proposal. If you have not consulted your

neighbours, please give brief reasons why you have not below

Brief reason for not consulting with neighbours

Neighbours have not been consulted with regard to this application as

there has never been any historical complaint or issue arising from water

consents with the neighbours.

Are additional resource consents required in relation to this proposal? No

The applicable lodgement (base) fee is to be paid at the time of lodging this application. If payment is made into Council's bank account 02-0600-

0202861-02, please record applicant name and either property number or consent type as a reference.

The final cost of processing the application will be based on actual time and costs in accordance with Council’s charging policy. If actual costs

exceed the lodgement fee, an invoice will be issued (if actual costs are less, a refund will be made). Council may stop processing an application

until an overdue invoice is paid in full. Council charges interest on overdue invoices at 15% per annum from the date of issue to the date of

payment. In the event of non-payment, legal and other costs of recovery will also be charged.

Do you require a GST receipt for a bank payment? Yes

The application lodgement fee Is yet to be paid

Notes Not answered

I confirm that the information provided in this application and the

attachments are accurateYes

Authorised by (your full name) John Christopher Flanagan

Privacy Information

The information you have provided on this form is required so that your application can be processed and so that statistics can be collected by

Council. The information will be stored on a public register and held by Council. Details may be made available to the public about consents that

have been applied for and issued by Council. If you would like access to or made corrections to your details, please contact Council.

Flowmeter, Datalogger Installation and Commissioning Form

Consent Details:

Consent Holder: CLOUDY BAY

Consent number: U070567

Well number(s): P28W/1882

Meter number: 1651

Installation date: 30/08/2016

(mm diameter)

Meter reading column (start): 0000007

Meter size: 50

Serial number: 15032992

Model/Type: DN50

Make: BIL

Flowmeter Details:

(Marlborough District Council number not meter serial number)

m³ (state units if different)

Serial number: 19

Model: 685F

Make: INDIGO

Datalogger Details:

Data hosted by: INDIGO

Contact details of host: DAVE RANKIN

Installation Details:

Pulse output:

Installed:

Telemetry installed:

Has the meter been installed to manufacturer's specifications?

Is there a straight, unobstructed and accessible length of pipe in the system of at least 15 diameters to verify the flow with a clamp-on-flow meter?

Is there an outlet downstream of the meter where a volumetric or similar test can be performed?

Next Page

Reset Form

Yes ✔ No

Yes ✔ No

Yes ✔ No

Yes ✔ No

Yes No ✔

Yes ✔ No

Volume per pulse .1 m³

Do you have a WET calibration certificate?

Accuracy Details:

(If yes, then please submit the certificate.)

A WET calibration certificate does not exempt the installation from an on site verification pump test and accompanying Marlborough District Council verification certificate.

Please note:

Certification:

I/we certify that the above flowmeter has been installed in accordance with manufacturer's specifications. ✔

I/we certify that the above flowmeter has been installed in such a way that an ultrasonic meter can be attached for verification purposes.

I/we certify that the above flowmeter has been installed in such a way that a volumetric, or similar test can be carried out for verification purposes.✔

I/we certify that the above data logger has been installed in accordance with manufacurer's specifications.

That a WET calibration certificate from the manufacturer is attached to this form.✔

That a Marlborough District Council water meter verification certificate is attached to this form.

That an as-built diagram of the installation is attached to this form.

That digital photos of the installation are attached to this form.✔

That GPS coordinates are included (NZTM standard e.g. 167969.1 - 5404027.1)

Easting 1,669,944 Northing 5,399,567

Installed by: MATT BROUGHAN Signed: M B BROUGHAN

Company: LIQUID ACTION LIMITEDDate: 30/08/2016

Please return to: Environmental Monitoring Officer Marlborough District Council PO Box 443 Blenheim 7240

Or email to: water@marlborough.govt.nz Phone 520 7400 Fax 520 7496

Print Form

Reset Form

Yes No ✔

Flowmeter, Datalogger Installation and Commissioning Form

Consent Details:

Consent Holder: CLOUDY BAY

Consent number: U070567

Well number(s): P28W/2203

Meter number: 1664

Installation date: 29/07/2016

(mm diameter)

Meter reading column (start): 0000006

Meter size: 50

Serial number: 15044733

Model/Type: DN50

Make: BIL

Flowmeter Details:

(Marlborough District Council number not meter serial number)

m³ (state units if different)

Serial number: 19

Model: 6862

Make: INDIGO

Datalogger Details:

Data hosted by: INDIGO

Contact details of host: DAVE RANKIN

Installation Details:

Pulse output:

Installed:

Telemetry installed:

Has the meter been installed to manufacturer's specifications?

Is there a straight, unobstructed and accessible length of pipe in the system of at least 15 diameters to verify the flow with a clamp-on-flow meter?

Is there an outlet downstream of the meter where a volumetric or similar test can be performed?

Next Page

Reset Form

Yes ✔ No

Yes ✔ No

Yes ✔ No

Yes ✔ No

Yes No ✔

Yes ✔ No

Volume per pulse .1 m³

Do you have a WET calibration certificate?

Accuracy Details:

(If yes, then please submit the certificate.)

A WET calibration certificate does not exempt the installation from an on site verification pump test and accompanying Marlborough District Council verification certificate.

Please note:

Certification:

I/we certify that the above flowmeter has been installed in accordance with manufacturer's specifications. ✔

I/we certify that the above flowmeter has been installed in such a way that an ultrasonic meter can be attached for verification purposes.

I/we certify that the above flowmeter has been installed in such a way that a volumetric, or similar test can be carried out for verification purposes.✔

I/we certify that the above data logger has been installed in accordance with manufacurer's specifications.

That a WET calibration certificate from the manufacturer is attached to this form.✔

That a Marlborough District Council water meter verification certificate is attached to this form.

That an as-built diagram of the installation is attached to this form.

That digital photos of the installation are attached to this form.✔

That GPS coordinates are included (NZTM standard e.g. 167969.1 - 5404027.1)

Easting 1,669,846 Northing 5,399,502

Installed by: MATT BROUGHAN Signed: M B BROUGHAN

Company: LIQUID ACTION LIMITEDDate: 30/08/2016

Please return to: Environmental Monitoring Officer Marlborough District Council PO Box 443 Blenheim 7240

Or email to: water@marlborough.govt.nz Phone 520 7400 Fax 520 7496

Print Form

Reset Form

Yes No ✔

ASSESSMENT OF APPLICATION AGAINST RELEVANT MANAGEMENT PLANS AND ENVIRONMENTAL EFFECTS

Water Permit: U070567 Site Address: 314 Brancott Road, Blenheim Legal Description: Lot 3 DP 7652 Property Number: 159564 Well Numbers: P28w/1882 and P28w/2203 Locations: Neither well has been moved nor altered since the permit was last issued and they remain at their original sites (grid references P28w/1882: 2579955-5961266, and P28w/2203: 2579858-5961201). Introduction: During the course of the irrigation season, the primary water supply for the vineyard is the Southern Valleys Irrigation Scheme (SVIS). Accordingly, consumption from these wells has over the past consent period (2007-2017) has primarily been for stock water and to supply water the Mustang Vineyard office. There have been periods of increased consumption at times when the SVIS has been shut down. However, this happens infrequently and the vineyard will continue to rely on and utilise the SVIS as the primary irrigation source. Cloudy Bay Vineyards does however, wish to retain the right to utilise the consent should the SVIS become inoperable for any given reason during the irrigation season. This resource consent application does not include the use of any hazardous substances or installations, the discharge of any contaminant, or any activity that has any bearing on a protected customary right. These aspects will therefore not be considered as part of this assessment. There have been no breaches of conditions imposed by the previous consent. Abstraction Levels Since Jan 2008, 5029 m3 has been abstracted from the wells, which is approximately 1.3 m3 per day (see attached graph overleaf). This is because the water is primarily used to service the Vineyard Office, fill nearby stock troughs and an equipment wash-down point. This represents a very low abstraction requirement under normal circumstances. The effect of this daily abstraction on the local environment is considered to be almost nil.

Notwithstanding these low abstraction levels, and as previously stated, Cloudy Bay Vineyards does with to retain this consent for future use, should the SVIS be shut off at any point. Meter Readings/Verifications In accordance with the requirements of the Marlborough District Council, both wells had flowmeters and dataloggers installed in late July 2016. A verification was conducted by Liquid Action Ltd at the same time, and the results provided to MDC. Readings were previously provided on an annual basis as per the consent conditions.

The two spikes in the above graph in October and November 2016 were due to the fact that the systems were being tested over this period, and the SVIS had yet to become fully operation. Otherwise the average daily use throughout the period has been minimal. Assessment of the Proposal Against Part 2 of RMA 1991 Section 14 of the Resource Management Act 1991 states that:

(1) No person shall take, use, dam, or divert any water ….unless the taking, use, damming or diversion…is allowed by subsection (3)

(3) A person is not prohibited by subsection (1) from taking, using, damming, or diverting any water …if – (a) the taking, using, damming, or diversion is expressly allowed by a rule in a regional plan and in any relevant proposed regional plan or a resource consent….

Section 2 of the Resource Management Act (1991) (interpretation) states:

“Discretionary activity” means an activity – (a) Which is provided for, as a discretionary activity, by a rule in a plan or a proposed plan: Assessment of the Proposal Against the Wairau/Awatere Resource Management Plan In respect of the above, management of water in Marlborough is governed by Wairau/Awatere Resource Management Plan, which is currently in draft form and under ongoing consideration. Under this Plan, a “Discretionary Activity” is limited to takes of between 10-500 m3/day/site (Clause 27.1.2.3.1). As this resource consent application is for a take of 530 m3 per day, this application falls under Clause 27.1.2.4 as a “Non-Complying Activity”.

Application must be made for a resource consent for a Non-Complying Activity for the following: ……….. • Abstractions greater than 500 m3/day/site for all freshwater resources except those listed below or those listed as Prohibited in Rule 27.1.2.5, and the Wairau Aquifer.

This application is not affected by Rule 27.1.2.5, which prohibits any abstraction from certain freshwater sources. Clause 27.1.1.3 of the Plan governs the maximum total abstractions for ground water resources. Maximum rates of abstraction from groundwater resources have been determined for those resources where demand for water is near to, or equals, the available supply. Clause 27.1.1.3.3. states that the maximum total abstraction from the Brancott Aquifer is 3000m3 per day. Cloudy Bay’s application to take 530m3 per day is within the permitted abstraction levels for this aquifer and is the same amount that has been previously consented. Under normal circumstances, and based on previous history, the average daily take from these wells has been 1.3m3 per day, this represents a very low impact on the sustainability of the Brancott Aquifer resources. Assessment Against National Policy Statement for Freshwater Management 2014 This Resource Consent application is fully consistent with the policies and objectives detailed in the National Policy Statement for Freshwater Management 2014. Objective A sets the objectives and policy statements pertaining to water quality. There are no implications regarding water quality arising from this RC application. Objective B sets the objectives and policy statements pertaining to water quantity. The rules and regulations contained in the Wairau/Awatere Resource Management Plan governing the allocation and monitoring of water are consistent with the requirements laid out in Objective B. The quantity of water requested is well within reasonable use calculations for viticultural activity, and telemetric monitoring provides continuous reports on the quantity of water being used.

Reasonable Use Calculation The Irricalc reasonable use calculation tool indicates that 22m3/ha/day is required for viticulture on this site. The requested amount in this consent application is 12.045m3/ha/day, which is represents only 55% of the reasonable use requirements. The Irricalc form is attached to this document. Effects in In-Stream Flora and Fauna The nearest waterway is an ephemeral stream located some 600 metres away on the property owned by Brancott Estate (Property # 159556). The effect on in-stream flora and fauna from use of these wells is therefore considered to be nil. The Fairhall River is located some 1,280 m away. Once again the effect on the flora and fauna as a result of the abstraction is considered to be nil. Interference with Neighbouring Wells The nearest well is located approx 207 metres from P28w/1882 and 270 metres from P28w/2203. This well (P28w/2856) is permitted to take 20 m3 per day for stock and domestic use on Lots 1, 2, and 3 DP 11262 and Lot 1 DP 11272. There have not been any complaints or issues with the neighbours regarding interference with abstraction and it is not considered likely in the future. Such is the good relationship with neighbours regarding water availability and accessibility, their approvals have not been sought as part of this renewal process as historically there have never been any objections or issues. There are also two wells on the neighbouring Brancott Estate (P28w/1325 and P28w/3094), which are located between 462m and 583m away. Given the distance to the wells and the minimal abstraction that takes place from the Cloudy Bay wells, there is unlikely to be any effect on these consents. Cloudy Bay Vineyards also has two additional wells (P28w/1869 and P28w/1875) for which active consents are also held. These are located between 650-750 metres away and are therefore unlikely to be affected by the abstraction. Effect on the Aquifer The take will draw water from the Brancott Aquifer which is under some pressure. However, given that the take will only be exercised in a significant manner during periods when the SVIS has been shut down, the impact on the Aquifer outside these periods is considered to be minimal and well within the guidelines set out in the Wairau/Awatere District Plan, which, under clause 27.1.1.3.3. allows for a maximum abstraction of 3000 m3 per day to be taken from the Brancott Aquifer. As previously stated, the average daily take by Cloudy Bay Vineyards from these wells is only 1.3 m3.

Stream Depletion Given the distance of the bore from the nearest ephemeral waterway (600m approx), stream depletion is not considered a factor in this instance. Freshwater/Saltwater Interface Given the distance from the coast to the property, there is no impact on freshwater/saltwater interface caused by this abstraction. Value of Investment The land area and improvements that are covered by this Consent is currently valued at $7.3m. The fruit that is cropped on an annual basis is made into Cloudy Bay wines which are marketed at ultra-premium products, and the annual crop value is estimated to be $9.8m. This is approximately double the average annual rate of return per hectare for Marlborough fruit, but it reflects the much higher pricing structure for Cloudy Bay wines. Summary This application is for a resource consent to take and use underground water from wells P28w/1882 and P28w/2203 up to a maximum rate of 530 m3 per day for the irrigation of 44 hectares of vineyard at 314 Brancott Rd, Blenheim. Since 2008, the average daily take from these wells is 1.3 m3, as they are only used for stock and domestic supply under normal circumstances. The primary supply for the vineyard is currently SVIS, and this will remain for the future. This consent will therefore only be used for limited periods under exceptional circumstances when the SVIS supply is not available. The impact of the 1.3m3 average daily take under normal circumstances is considered to be almost nil. If the right was exercised to take up to the allowable 530 m3 per day, the period that this would be required would be very limited and unlikely to create any long term issues. There are no issues with sustainability if the current use continues, and if the full consent is exercised, amount required is well within the limits for sustainable use governing the Brancott Aquifer. The resource consent application is therefore consistent with all of the requirements laid out in the Resource Management Act 1991, the Wairau/Awatere Resource Management Plan and the National Policy Statement on Freshwater Management 2014.

Attachment 1

Reasonable Use Calculation

Flow Verification ReportConsent Number: U070567Meter Number: 1651Verified by: Liquid Action

Date: 29/07/2016 12:42:51 p.m.

Verification ReportVerificationRecommendations

Pass

Test ResultsTest

124

Duration00:05:0000:15:0100:05:00

Target Vol [L]840.0

1900.0380.0

Ref Vol [L]847.0

1920.0376.3

Flow rate [L/s]2.82.11.3

Average Error

Error [%]-0.82%-1.04%0.97%

-0.30%

Target Meter ConfigurationTypeMakeModelSizeLast Verified

Litres per pulseCurrent Meter Reading

MechanicalBILWPH-ZF5029/07/2016

100000007

Reference Meter ConfigurationTypeMakeModelSizeLast Verified

Litres per pulse

ElectromagKrohneOptiflux 20005030/05/2016

10

Consent InformationConsent HolderConsent NumberAddressMeter NumberWell Number(s)NorthingEasting

Cloudy Bay VineyardsU070567Brancott Road, Blenheim1651P28w/188253995591669957

Flow Verification ReportConsent Number: U070567Meter Number: 1664Verified by: Liquid Action

Date: 29/07/2016 11:09:41 a.m.

Verification ReportVerificationRecommendations

Pass

Test ResultsTest

123

Duration00:05:0300:15:0000:05:09

Target Vol [L]470.0960.0220.0

Ref Vol [L]463.8955.8219.3

Flow rate [L/s]1.51.10.7

Average Error

Error [%]1.33%0.44%0.30%0.69%

Target Meter ConfigurationTypeMakeModelSizeLast Verified

Litres per pulseCurrent Meter Reading

MechanicalBILWPH-ZF5029/07/2016

100000006

Reference Meter ConfigurationTypeMakeModelSizeLast Verified

Litres per pulse

ElectromagKrohneOptiflux 20005030/05/2016

10

Consent InformationConsent HolderConsent NumberAddressMeter NumberWell Number(s)NorthingEasting

Cloudy Bay VineyardsU070567Brancott Road, Blenheim1664P28w/220353994971669835

SUBMISSION ON APPLICATION FOR A RESOURCE CONSENT

1. Submitter Details

Name of Submitter(s) in full

Address for Service (include post code)

Email

Telephone (day) Mobile Facsimile Contact Person (name and designation, if applicable)

2. Application Details

Application Number U

Name of Applicant (state full name)

Application Site Address

Description of Proposal

3. Submission Details (please tick one)

I/we support all or part of the application

I/we oppose all or part of the application

I/we are neutral to all or part of the application

The specific parts of the application that my/our submission relates to are (give details, using additional pages if required)

To: Marlborough District Council PO Box 443 Blenheim 7240

ISO 9001:2008 Document Number: RAF0010-CI1220

Page 2

The reasons for my/our submission are (use additional pages if required)

The decision I/we would like the Council to make is (give details including, if relevant, the parts of the application you wish to have amended and the general nature of any conditions sought. Use additional pages if required)

4. Submission at the Hearing

I/we wish to speak in support of my/our submission

I/we do not wish to speak in support of my/our submission

OPTIONAL: Pursuant to section 100A of the Resource Management Act 1991 I/we request that the Council delegate its functions, powers, and duties required to hear and decide the application to one or more hearings commissioners who are not members of the Council. (Please note that if you make such a request you may be liable to meet or contribute to the costs of commissioner(s). Requests can also be made separately in writing no later than 5 working days after the close of submissions.)

5. Signature

Signature Date

Signature Date

6. Important Information

Council must receive this completed submission before the closing date and time for submission for this application. The completed submission may be emailed to mdc@marlborough.govt.nz

You must also send a copy of this submission to the applicant as soon as reasonably practicable, at the applicant’s address for service.

Only those submitters who indicate that they wish to speak at the hearing will be sent a copy of the hearing report.

7. Privacy Information

The information you have provided on this form is required so that your submission can be processed under the Resource Management Act 1991. The information will be stored on a public file held by Council. The details may also be available to the public on Council’s website. If you wish to request access to, or correction of, your details, please contact Council.

O:\Templatesforms\RegQualitySystems\1ResourceMgmtControlChapter(R)\AF Application Forms\RAF0010-CI1220-Submission on Application for Resource Consent-1.doc